We, the undersigned civil society organisations in the ASEAN region, urge the government of Brunei to immediately halt the full implementation of the Sharia Penal Code (SPC). The said law entails provisions that contradict international human rights standards, including the Universal Declaration of Human Rights (UDHR), Convention on the Rights of the Child (CRC), Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (CAT), the ASEAN Human Rights Declaration (AHRD) and the ASEAN Charter. Brunei has signed and ratified these instruments, and thereby must show commitment to respect, protect and fulfill its obligations. Moreover, Brunei should recognise the importance of progressive development of human rights therefore moving away from corporal punishment and death penalty.

By enforcing the SPC, Brunei will set a dangerous precedent for its neighbouring countries in Southeast Asia and broader Asia as it perpetuates the practice of violating fundamental freedoms, particularly freedom of expression, in the region.

We acknowledge the Brunei government’s intention to “maintain peace and order and preserve religion, life, family and individuals regardless of gender, nationality, race and faith” being a rationale behind the SPC. However, there are provisions in the law that provides excessive penalties, including whipping, imprisonment and death penalty, against those who commit adultery, consensual same-sex relations, pregnancy out of wedlock, access to abortion, and acts critical of state-interpretation of Islam.

The SPC inevitably ends up disproportionately targeting those who are already vulnerable and socially marginalised, including women, children, lesbian, gay, bisexual, transgender and queer (LGBTQ) people, the economically disadvantaged, religious minorities, and dissenting voices. The penalties imposed by the law, including whipping and stoning to death, constitutes torture, ill-treatment, and inhumane and degrading punishment. As a consequence, this will further silence dissent, create a culture of fear among its people, and further shrink civic space in the country. A country that cares for its citizens needs to look out for those more vulnerable to discrimination, violence and injustice, and seek to protect them first.

By adopting conservative views of morality and excessive punishments, Brunei essentially legitimises violence. The law and its enforcement will encourage extremist and fundamentalist groups in the region to continue sowing fear, social discord and violence.

We reiterate the commitment of ASEAN Member States Leaders under the ASEAN Community 2025 to realise a rules-based, people-oriented, people-centred community bound by fundamental principles, shared values and norms, in which our peoples enjoy human rights, fundamental freedoms, and social justice. The current situation in Brunei reflects the contrary, and will have negative implication to jeopardise the vision of ASEAN and consequently the identity of ASEAN as a collective region.

We urge Brunei to uphold its name being an “abode of peace”, a society that upholds and respects diversity, where difference is approached with compassion.

We look forward to seeing Brunei become a role model in ASEAN, as the region strives towards the better practices of democracy in partnership with civil society. We hope Brunei will strive to achieve this through the sharing of prosperity and by respecting the equal rights of all.

Signed: