Saturday, February 28, 2009

2008 Human Rights Report: Brunei Darussalam

Source US State Department:


Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government

Citizens did not have the right to change their government peacefully.

The same family has ruled the country for more than 600 years. In 1962 the then sultan invoked an article of the constitution that allowed him to assume emergency powers for two years. These powers have been renewed every two years since 1962. The state of emergency places few limits on the sultan's power. The sultan also serves as prime minister, minister of defense, minister of finance, chancellor of the national university, inspector general of the Royal Brunei Police Force, and head of the Islamic faith.

Elections and Political Participation

Political authority and control rested entirely with the sultan. A 29-person legislative council (LegCo), which has no independent power and is made up primarily of appointed members, provided a forum for public discussion of proposed government programs as well as administrative deficiencies. It convenes once a year.

Persons 18 years of age and above may vote by secret ballot in village consultative council elections, which are based on a traditional system of village chiefs. Candidates must be Muslim, approved by the government, and be citizens or permanent residents for more than 15 years. The councils communicated constituent wishes through a variety of channels, including periodic meetings chaired by the minister of home affairs. The government also met with mukim (collections of villages) representatives to allow for airing of local grievances and concerns.

The Brunei National Development Party (NDP) remained the country's only registered political party. The NDP, as had other parties when they were registered, pledged to support the sultan and the government. Although the parties criticized administrative deficiencies, their few activities received limited publicity and they were hindered by membership restrictions.

On June 21, the NDP held its third Party Congress which included discussion of the politically sensitive Brunei-Malaysia territorial dispute. In 2007 government officials advised members of political parties not to discuss certain politically sensitive issues during their congresses.

Individuals sought to express their views or influence government decisions and policies by posting messages to Internet discussion boards, writing letters to local newspapers, and petitioning the sultan or handing him letters when he appeared in public.

There were no female ministers in the government or female members of the LegCo; however, the sultan's sister, Princess Masna, was the second-ranking official in the Ministry of Foreign Affairs and Trade, and one of four permanent secretaries in the Prime Minister's Office was a woman. On February 19, a woman was promoted to become one of the four permanent secretaries in the Ministry of Foreign Affairs and Trade. One cabinet-level post and two LegCo positions were held by ethnic Chinese.

Government Corruption and Transparency

There were reliable reports of corruption in the government. In accordance with its zero tolerance policy for corrupt practices, the government successfully prosecuted a number of low-level officials. At year's end the case of a former government minister accused of corruption in awarding government projects was pending a final ruling from the chief justice.

Government officials were not subject to financial disclosure reports.

During the year the LegCo approved, and the government published, a summary of the fiscal year government budget. However, the government continued to restrict and classify as confidential some information on the financial dealings of the government and the royal family. The law provides that no court can compel any person to give evidence relating to unpublished government records unless consent is given by the relevant ministry's permanent secretary. The Anticorruption Bureau, under the purview of the Prime Minister's Office, reports directly to the sultan.

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