Brunei

Same-sex sexual activity is prohibited under the Penal Code 1951 and the Syariah Penal Code Order 2013, which criminalise acts of ‘carnal knowledge against the order of nature’, ‘liwat’, and ‘musahaqah’. These provisions carry a maximum penalty of death by stoning. Both men and women are criminalised under the law. In addition to potentially being captured by laws that criminalise same-sex activity, trans people may also face prosecution under a provision criminalising ‘posing as the opposite sex’, with a maximum penalty of one year imprisonment and a fine.

Like many former British colonies, section 377 of the 1951 Penal Code was imposed upon Brunei during the colonial period. Brunei retained the provision upon independence and continues to criminalise same-sex sexual activity through section 377 today. The 2013 Penal Code Order is based upon Islamic principles and codifies a strict interpretation of Sharia into criminal law.

There is no evidence of the same-sex sexual activity laws being enforced in recent years, however reports suggest that the law criminalising expression of gender identity is occasionally enforced. In 2019, following international backlash, Brunei announced an extension of the moratorium on the use of the death penalty to cover the new provisions under the Syariah Penal Code Order 2013. There have been some reports of discrimination against LGBT people in recent years, including harassment, threats, and difficulties accessing basic rights and services.

2024

During its 2024 Universal Periodic Report, the Brunei state party responded to calls to modify the severe penalties available under the law, stating that: “on the issue of homosexual acts, Brunei Darussalam affirmed the right to privacy of individuals.” However, it rejected calls to amend the law.

2019

In March, Amnesty International reported that Brunei would be implementing the remaining provisions of the Syariah Penal Code Order 2013 on 3 April 2019, including Sections 82 and 92 which criminalise same-sex intimacy between men and between women respectively. The former is punishable with death by stoning or whipping with 100 strokes and imprisonment for one year, while the latter is punishable with a fine not exceeding $40,000, imprisonment for a term not exceeding 10 years, whipping not exceeding 40 strokes or a combination of any two of these. These provisions are applicable to both Muslims and non-Muslims.

On 3 April, Brunei fully implemented the Syariah Penal Code Order 2013, which makes provision for death by stoning for same-sex sexual between men, in addition to criminalising same-sex intimacy between women.

On 5 May, following considerable international criticism at the full implementation of the Syariah Penal Code Order 2013 on 3 April – including a boycott campaign, diplomatic and civil society pressure, and various universities (University of Aberdeen, King’s College London, Oxford University) revoking, or considering revoking, the Sultan’s various honorary degrees – the Sultan of Brunei extended a moratorium on the death penalty to the offences provided in the Syariah Penal Code, including death by stoning for ‘liwat’ (same-sex sexual intercourse between men). Nevertheless, these laws remain in place and the other draconian punishments for same-sex intimacy (whipping, imprisonment and fines) remain applicable.

“For more than two decades, we have practiced a de facto moratorium on the execution of death penalty for cases under the common law. This will also be applied to cases under the Syariah Penal Code Order (SPCO).”
Sultan of Brunei, 2019

2017

It was reported in the US Department of State Human Rights report that Chapter 22 of the Penal Code was amended to increase the minimum sentence of carnal intercourse against the order of nature to between 20 to 50 years’ imprisonment. However, there are no clear indications that this has been enacted.

2015

In their State-Sponsored Homophobia report, ILGA stated that: “Brunei Darussalam is currently phasing in a Syariah Penal Code that sees, in black letter law, the death penalty introduced for certain same-sex sexual activity in 2016, but seems unlikely to be implemented in actuality.”

It was reported by news outlets that despite a temporary halt, the first phase of the implementation of a new Syariah Penal Code, one which will eventually lead to the stoning of people found guilty of same-sex sexual activity, was started. Speaking about the Penal Code, the Sultan of Brunei was quoted as saying: “The decision to implement the (Penal Code) is not for fun but is to obey Allah’s command as written in the Quran.”

2025

Outright International’s country overview on Brunei suggests that the moratorium on the death penalty (described below) continues to be in effect. There are no known reports of the death penalty being imposed.

2023

The US Department of State report for 2023 suggested that the criminalising provisions are rarely enforced.

2020

The US Department of State report noted that ‘transexual’ people were summoned to the office of the Ministry of Religious Affairs where it was demanded that they maintain the gender listed on their birth certificate. Reportedly no threats of punishment were made.

2017

It was reported in the US Department of State Human Rights report for Brunei that section 377 of the Penal Code was primarily applied in cases of rape or child abuse when both attacker and victim were male.

In a statement made for IDAHOT in May, the ASEAN SOGIE Caucus highlighted the routine arrest and beatings of LGBT people by state forces under the pretence of “defending public morals.”

2016

Amnesty International reported that in August, a man was arrested for “cross-dressing and improper conduct.” The punishment on conviction included a fine of BN$1,000 or three months imprisonment, or both.

2015

In March, a Bruneian civil servant was fined $1,000 under the Syariah Penal Code after he pleaded guilty to cross-dressing in a public place.

2025

Outright International’s country overview on Brunei reported that against the backdrop of the draconian legal framework, there is no known LGBT organisation operating formally or informally.

2023

The US Department of State report for 2023 did not find any known incidents of violence against LGBT people by state or non-state actors. However, it did note reported familial pressure towards marriage and childbearing as well as societal discrimination in public and private employment, housing, recreation, and obtaining public services including education. LGBT people also reported that the lack of online or in-person support injured their mental health. The government also allegedly monitored the activities and communications of LGBT people, and their assembly and expression were restricted.

2022

The US Department of State report for 2022 noted an incident in August in which the country’s largest English-language newspaper, the Borneo Bulletin, reported that the Islamic Studies Department under the Ministry of Religious Affairs delivered a nationwide programme for religious and Arabic schools, including warnings against ‘unhealthy relationships’ such as same-gender sex and having sex with multiple partners. A Ministry of Religious Affairs lecturer stated: “Those who choose to be a part of this unhealthy or abnormal culture are disrespectful of family and religious institutions as well as our culture and customs.”

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