I 

116TH CONGRESS 

1ST SESSION H. R. 2561 

To authorize the imposition of sanctions on officials of Brunei responsible 

for implementing the newly revised penal code, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2019 

Ms. OMAR (for herself, Mr. LEVIN of Michigan, Mr. RASKIN, Mr. POCAN, Mr. 

ESPAILLAT, and Ms. NORTON) introduced the following bill; which was 

referred to the Committee on Foreign Affairs, and in addition to the 

Committee on the Judiciary, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL 

To authorize the imposition of sanctions on officials of 

Brunei responsible for implementing the newly revised 

penal code, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Brunei Human Rights 

5 Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) On May 1, 2014, the Sultan of Brunei an2 nounced that a revised penal code would take effect 

3 in three phases. 

4 (2) The penal code mandates the death penalty 

5 for numerous offenses, among them adultery, con6 sensual same-sex relations, blasphemy, and robbery. 

7 (3) The penal code also mandates flogging for 

8 women who have abortions, and amputation for 

9 theft. 

10 (4) The penal code further criminalizes expos11 ing Muslim children to the beliefs and practices of 

12 any religion other than Islam. 

13 (5) The revised penal code represents an as14 sault on the rights of the LGBTI community, 

15 women, children, and religious minorities, as well as 

16 on the people of Brunei as a whole. 

17 (6) According to the United Nations High Com18 missioner for Human Rights, the penal code intro19 duced stoning to death as the specific method of exe20 cution for adultery, consensual same-sex relations, 

21 and extramarital sexual relations. 

22 (7) On April 11, 2014, the spokesperson for the 

23 United Nations High Commissioner for Human 

24 Rights said that ‘‘Under international law, stoning 

25 people to death constitutes torture or other cruel, inVerDate Sep 11 2014 22:10 May 14, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\H2561.IH H2561

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1 human or degrading treatment or punishment and is 

2 thus clearly prohibited.’’ and noted that— 

3 (A) ‘‘A number of UN studies have also re4 vealed that women are more likely to be sen5 tenced to death by stoning, due to deeply en6 trenched discrimination and stereotyping 

7 against them, including among law enforcement 

8 and judicial officers.’’; and 

9 (B) ‘‘The criminalization and application 

10 of the death penalty for consensual relations be11 tween adults in private also violates a whole 

12 host of rights, including the rights to privacy, 

13 to equality before the law, the right to health 

14 and freedom from arbitrary arrest and deten15 tion. The provisions of the revised penal code 

16 may encourage further violence and discrimina17 tion against women and also against people on 

18 the basis of sexual orientation.’’. 

19 (8) The first phase of the new penal code went 

20 into effect in 2014, but the final two phases were 

21 not enacted between 2014 and 2019 as a result of 

22 pressure from international and domestic human 

23 rights organizations. 

24 (9) In December 2018, the Government of 

25 Brunei confirmed that the final rollout of the second 


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1 and third phases of the penal code, including the 

2 provisions of capital punishment by stoning, would 

3 be fully implemented beginning April 3, 2019. 

4 (10) On April 1, 2019, a statement from the 

5 United Nations High Commissioner for Human 

6 Rights noted that the revised penal code ‘‘would en7 shrine in legislation cruel and inhuman punishments 

8 that seriously breach international human rights 

9 law’’ and stated that ‘‘Human rights and faith are 

10 not opposing forces – indeed, it is human interpreta11 tion that creates tensions. It is vital that the Gov12 ernment, religious authorities and a wide range of 

13 civil society actors work jointly to uphold human 

14 dignity and equality for all.’’. 

15 (11) Several other countries have provisions in 

16 their penal code similar to those described in this 

17 section with respect to Brunei, which also represent 

18 instances of grave abuses of human rights when en19 forced. 

20 SEC. 3. SENSE OF CONGRESS. 

21 It is the sense of Congress that— 

22 (1) the implementation of Brunei’s draconian 

23 new penal code should be condemned in the strong24 est possible terms; 


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1 (2) the United States should reaffirm its com2 mitment to the full enjoyment of human rights by all 

3 people; 

4 (3) particular protections are needed for vulner5 able populations throughout the world, including the 

6 LGBTI community, women, children, and religious 

7 minorities; 

8 (4) the revised penal code in Brunei represents 

9 an assault on the rights of those vulnerable popu10 lations, as well as on the people of Brunei as a 

11 whole; 

12 (5) the President and Secretary of State should 

13 condemn in clear terms the grave breach of human 

14 rights represented by the new penal code; 

15 (6) the Government of Brunei should consider 

16 the potential negative impact of these new provisions 

17 on tourism from, and business with, countries that 

18 respect human rights; and 

19 (7) sanctions should be imposed on any official 

20 of any other country who implements or enforces 

21 provisions similar to those found in the revised penal 

22 code of Brunei. 


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1 SEC. 4. IMPOSITION OF SANCTIONS UNDER THE GLOBAL 

2 MAGNITSKY HUMAN RIGHTS ACCOUNT3 ABILITY ACT. 

4 Not later than 180 days after the date of the enact5 ment of this Act, the President may impose sanctions pur6 suant to the authorities provided by section 1263(a)(1) of 

7 the National Defense Authorization Act for Fiscal Year 

8 2016 (22 U.S.C. 2656 note) with respect to each official 

9 of Brunei who the President determines is responsible for 

10 implementing the penal code described in section 2 of this 

11 Act in a manner that constitutes ‘‘extrajudicial killings, 

12 torture, or other gross violations of internationally recog13 nized human rights’’ for purposes of such section 

14 1263(a)(1). 

15 SEC. 5. REPORTS REQUIRED. 

16 (a) ANNUAL REPORT ON ENFORCEMENT OF FOR17 EIGN CRIMINAL LAW PROVISIONS.—Not later than 180 

18 days after the date of the enactment of this Act, and annu19 ally thereafter, the Secretary of State, in consultation with 

20 the Ambassador at Large for International Religious 

21 Freedom and the Special Envoy for the Human Rights 

22 of LGBTI Persons, shall submit to Congress a report on 

23 the enforcement of penal or criminal provisions of law of 

24 foreign countries explicitly targeting or disproportionately 

25 enforced against the LGBTI community, women, children, 


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1 religious minorities, or other vulnerable populations sub2 ject to the jurisdiction of each such foreign country. 

3 (b) REPORT RELATING TO ASYLUM SEEKERS IN THE

4 UNITED STATES.—Not later than 180 days after the date 

5 of the enactment of this Act, and annually thereafter, the 

6 Secretary of Homeland Security, in consultation with the 

7 Attorney General, shall submit to Congress a report that 

8 includes— 

9 (1) the number of nationals of Brunei that ap10 plied for status as a refugee or asylee in the United 

11 States; 

12 (2) the number of such nationals that were 

13 granted such status; and 

14 (3) the number of such nationals that were de15 nied such status on the basis of lacking a credible 

16 fear of persecution. 

17 (c) REPORT RELATING TO REFUGEES IN OTHER

18 COUNTRIES.—Not later than 180 days after the date of 

19 the enactment of this Act, and annually thereafter, the 

20 Secretary of State shall submit to Congress a report de21 scribing the manner in which the Department of State is 

22 supporting the efforts of refugees from Brunei to obtain 

23 asylum in other countries. 

Æ 


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