Resolution on Brunei

2019/2692(RSP)

The European Parliament adopted a resolution on Brunei.

The resolution was tabled by the EPP, S&D, ECR, ALDE, Greens/EFA GUE/NGL, and EFDD groups.

Parliament strongly condemned the entry into force of the retrograde Sharia Penal Code, which puts into effect provisions including death by stoning for consensual same-sex acts, extramarital sex and abortion, as well as amputation of limbs for stealing. It reiterated its condemnation of the death penalty and underlined that the provisions of the Sharia Penal Code violate Brunei’s obligations under international human rights law. The resolution pointed out that children who have reached puberty and are convicted of the offences concerned can receive the same punishments as adults and younger children may be subjected to whipping.

Members were deeply concerned by the fact that while many countries are decriminalising consensual same-sex conduct, Brunei has regrettably become the seventh country to punish consensual homosexual acts with the death penalty. They urged the Brunei authorities to immediately repeal the Sharia Penal code and to ensure that Brunei’s laws comply with international law consistent with Brunei’s obligations under international human rights instruments.

Parliament called on the European External Action Service (EEAS), in the event of effective implementation of the Sharia Penal Code, to consider the adoption at EU level of restrictive measures related to serious human rights violations, including asset freezes and visa bans. Furthermore, it stressed that for as long as the current Penal Code is in force, the EU institutions must consider blacklisting the hotels owned by the Brunei Investment Agency, pointing out that this agency is part of Brunei’s Ministry of Finance and Economy and owns a variety of investment projects all over the world.

Noting that the EU has suspended the negotiations for a partnership and cooperation agreement with Brunei, Members called on the VP/HR to make the relaunch of the negotiations for the EU-Brunei partnership and cooperation agreement subject to the conformity of the Penal Code with international law and international human rights standard.

The EU Delegation to Indonesia and Brunei Darussalam in Jakarta, the EU Delegation to ASEAN and the EEAS were asked to closely monitor the situation and to consult with the Brunei authorities, ambassadors and representatives in this regard. The EEAS was also asked to include the situation in Brunei as an item on the agenda of the next ASEAN-EU Policy Dialogue on Human Rights.

Lastly, Parliament highlighted the work of human rights defenders in promoting and protecting the rights of LGTBI persons, calling on the EU institutions to increase their support to civil society organisations and human rights defenders in Brunei.