Lesbian, gay, bisexual, and transgender (LGBT) persons in Brunei face legal challenges not experienced by non-

LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term ...

residents.

Homosexuality Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to pe ...

is illegal in

Brunei Brunei ( , ), formally Brunei Darussalam ( ms, Negara Brunei Darussalam, Jawi: , ), is a country located on the north coast of the island of Borneo in Southeast Asia. Apart from its South China Sea coast, it is completely surrounded by t ...

. Sexual relations between men are punishable by death or whipping; sex between women is punishable by caning or imprisonment. The sultanate applied a moratorium on the death penalty in 2019, which was still in effect ; the moratorium could be revoked at any time.

OutRight Action International OutRight Action International (OutRight) is a LGBTIQ human rights non-governmental organization that addresses human rights violations and abuses against lesbian, gay, bisexual, transgender and intersex people. OutRight Action International docum ...

has described Brunei as "the country that has the most worrisome state of rights for LGBT people in Southeast Asia". LGBT Bruneians feel the need to remain very discreet about their sexual orientation. The Brunei Project, established in 2015, seeks to promote human rights, including religious freedom, free speech, and LGBT rights in Brunei through social media. The group organised a private community event in 2016, celebrating Brunei's first "International Day Against Homophobia" event.

Legality of same-sex sexual activity

Before the 2019 implementation of the Penal Code Order (SPCO), homosexual acts were illegal and punishable by up to 10 years imprisonment, even if they were private and consensual. From 2014, Brunei began a staged implementation of Sharia ( ms, Syariah) law. Provisions of the SPCO dealing with adultery and sodomy, prescribing death by stoning and corporal punishments, were scheduled to come into force on 3 April 2019. Following widespread international condemnation and media attention, which included an open letter from American actor George Clooney calling for the boycott of the Sultan of Brunei's luxury

hotels A hotel is an establishment that provides paid lodging on a short-term basis. Facilities provided inside a hotel room may range from a modest-quality mattress in a small room to large suites with bigger, higher-quality beds, a dresser, a ref ...

—

The Beverly Hills Hotel The Beverly Hills Hotel, also called the Beverly Hills Hotel and Bungalows, is located on Sunset Boulevard in Beverly Hills, California. One of the world's best-known hotels, it is closely associated with Hollywood film stars, rock stars, and cel ...

and

Hotel Bel-Air The Hotel Bel-Air is a boutique hotel located in Bel-Air, Los Angeles, California. The hotel is one of the nine luxury hotels operated by the Dorchester Collection, which is owned by the Brunei Investment Agency (BIA). The hotel has a total of 10 ...

among them—the Brunei government extended its moratorium on the death penalty to encompass the SPCO in May 2019. Under the moratorium, the code's death by stoning penalty provisions are not enacted, for as long as the moratorium continues. The moratorium could be lifted at any time by the sultanate, allowing such death by stoning punishments to commence. As the sultan is an

absolute monarch Absolute monarchy (or Absolutism as a doctrine) is a form of monarchy in which the monarch rules in their own right or power. In an absolute monarchy, the king or queen is by no means limited and has absolute power, though a limited constituti ...

with full executive power, removing the moratorium and reinstating capital punishment would require minimal process and could occur without warning. When the move to Sharia law was announced, the United Nations urged Brunei to review its laws in this area, which has been described by media outlets as "medieval", "uncivilized" and "a return to the Stone Age". Their implementation was delayed until April 2019, after the Sultan declared that these laws should be regarded as "special guidance" from God. LGBT people, as well as the Christian and Buddhist minorities, have been advised by international human rights activists to remain discreet in the country. Anyone convicted of "tarnishing the image of Islam" may be heavily punished. Under the SPCO, the ''

de jure In law and government, ''de jure'' ( ; , "by law") describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, ("in fact") describes situations that exist in reality, even if not legally ...

'' penalty for same-sex sexual relations between men is death by stoning, if married, provided they admit to the acts or four male adult Muslim eyewitnesses testify to the acts. If the evidentiary standards are not met, the maximum penalty is seven years imprisonment and a whipping of thirty strokes. This is also the ''

de facto ''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by la ...

'' penalty while the moratorium on the death penalty continues. For unmarried men, one year in prison or 100 lashes is the penalty. Sexual relations between women is punishable by a combination of any two of three stipulated penalties: a caning of forty lashes, a maximum prison term of 10 years, and a fine of up to B$40,000.

Gender identity and expression

Brunei does not allow changing one's name or gender on official documents.

Sex reassignment surgery Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a transgender or transsexual person's physical appearance and sexual characteristics to resemble those associated with their identified gender, and a ...

is not allowed. On 11 March 2015, a civil servant was fined B$1000 under the Penal Code Order for cross-dressing.

Living conditions

The LGBT community in Brunei is very hidden and secret. Bruneian society tends to associate homosexuality with "effeminate men". In 2011, academics at the University of Brunei made a formal study of gay people in Brunei. The study illustrated how they chose to remain silent and discreet about their sexual orientation. The researchers were only able to find 29 LGBT respondents, some of whom were foreigners.Gay Life in Brunei
/ref> The country had a total population of 460,345 as of 2020.

2017 United States Department of State report

In 2017, the United States Department of State reported the following, concerning the status of LGBT rights in Brunei:

Summary table

References

External links

The Brunei Project
{{Asia in topic, LGBT rights in

Human rights in Brunei

LGBT in Brunei Politics of Brunei