Laws

BRUNEI DARUSSALAM

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HIV / Aids Legislation/Cases/References
1.

National

Short-term travel for individuals living with HIV is reportedly restricted [R1.1].

R1.1 Immigration Equality: Congress to Bush: Repeal HIV Travel Ban 22 SEP 08
Homosexuality, Sodomy Legislation/Cases/References
1.

National

The criminal law in Brunei Darussalam prohibits consensual sex between same-sex couples [R1.4].

Chapter 22 of the Penal Code, revised edition 2001, provides -

Unnatural offences - Section 377

"Whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine. [S 12/97]

Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section." [R1.4].


On 30 April 2014, it was reported that the introduction of the third phase of the new criminal code based on sharia law was set for late 2015. The law will allow the justice system to sentence offenders to death by stoning for crimes including adultery and gay sex [R1.3].

On 22 April 2014, the proposed law introducing death by stoning for homosexuality, adultery, rape, and declaring oneself to be non-Muslim was reportedly temporarily delayed. The United Nations human rights office has appealed to Brunei to hold off on introducing the new penal code [R1.2].

On 15 April 2014, it was reported that Brunei had adopted a new penal code effective 22 April calling for death by stoning for several crimes, including homosexuality, adultery, rape, and declaring oneself to be non-Muslim. Under international law, stoning people to death constitutes torture or other cruel, inhuman or degrading treatment or punishment and is thus clearly prohibited [R1.1].

R1.4 ILGA: State-Sponsored Homophobia PDF 382.87kb, 14 MAY 08
R1.3 LosAngelesTimes: Sultan of Brunei imposes harsh Islamic criminal code 01 MAY 14
R1.2 GayStarNews: Brunei delays punishing gay sex with death by stoning 22 APR 14
R1.1 GayStarNews: Brunei will stone you if you have gay sex from next week 15 APR 14

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