Title: A resolution condemning Brunei's dramatic human rights backsliding.
Policy area: International Affairs

Summary:
This resolution censures Brunei's criminal laws with respect to sexual orientation and adultery, and supports the withdrawal and denial of United States visas for Brunei officials responsible for the implementation of such laws until they are repealed.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 198 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
S. RES. 198

         Condemning Brunei's dramatic human rights backsliding.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 9, 2019

 Mr. Durbin (for himself, Mr. Young, Mr. Menendez, Mr. Rubio, and Mr. 
 Van Hollen) submitted the following resolution; which was referred to 
                   the Committee on Foreign Relations

_______________________________________________________________________

                               RESOLUTION


 
         Condemning Brunei's dramatic human rights backsliding.

Whereas Brunei has been led since 1967 by one of the world's longest-reigning 
        absolute monarchs, Sultan Haji Hassanal Bolkiah;
Whereas Brunei gained independence in 1984;
Whereas emergency powers in place in Brunei since 1962 allow the sultan to 
        govern with few limitations to his authority;
Whereas, according to the United States Department of State Brunei 2018 Human 
        Rights Report, human rights issues included censorship, interferences 
        with the rights of peaceful assembly and freedom of association, crimes 
        involving violence or threats targeting homosexuality, and exploitation 
        of foreign workers, including through forced labor;
Whereas Brunei's media are neither free nor diverse, with broadcasting dominated 
        by the state and private media owned or controlled by the royal family;
Whereas homosexuality has been illegal in Brunei, carrying a punishment of up to 
        ten years in prison;
Whereas in 2013, the Government of Brunei announced it was imposing new laws 
        that included harsher punishments of death by stoning for adultery and 
        homosexual relations;
Whereas international condemnation resulted in a delay in carrying out the 
        provisions;
Whereas, in March 2019, the Government of Brunei announced it was going forward 
        with the penal code to take effect April 3, 2019;
Whereas the law includes, among other things, death by stoning for male same-sex 
        relations, adultery, and blasphemy, amputation of limbs for theft, 
        caning for female same-sex relations, and criminalization of exposure of 
        children to the beliefs and practices of differing religions;
Whereas, on April 2, 2019, the Department of State said Brunei's new laws and 
        associated penalties run ``counter to its international human rights 
        obligations including with respect to torture or other cruel, inhuman or 
        degrading treatment or punishment'';
Whereas, on April 18, 2019, the European Parliament adopted a resolution 
        strongly condemning Brunei for introducing ``retrograde'' laws, calling 
        for their immediate repeal, urging that Brunei uphold its international 
        obligations under ``international human rights instruments, including 
        with regard to sexual minorities, religious minorities and non-
        believers,'' and suggesting visa bans and asset freezes should the laws 
        not be repealed;
Whereas the United Nations and international human rights organizations have 
        denounced the laws, arguing they amount to torture and a violation of 
        human rights;
Whereas United Nations High Commissioner for Human Rights Michelle Bachelet 
        urged Brunei to repeal the laws, which include punishments she called 
        ``cruel, inhuman, and degrading'' and a ``serious setback for human 
        rights protections.'';
Whereas Human Rights Watch stated, ``Brunei's new penal code is barbaric to the 
        core, imposing archaic punishments for acts that shouldn't even be 
        crimes. . . . Sultan Hassanal should immediately suspend amputations, 
        stoning, and all other rights-abusing provisions and punishments.'';
Whereas Amnesty International stated, ``Brunei's Penal Code is a deeply flawed 
        piece of legislation containing a range of provisions that violate human 
        rights. . . . As well as imposing cruel, inhuman and degrading 
        punishments, it blatantly restricts the rights to freedom of expression, 
        religion and belief, and codifies discrimination against women and 
        girls.''; and
Whereas the United Nations High Commissioner for Human Rights has also noted 
        that the implementation of these discriminatory laws will drive people 
        underground and out of reach of life-saving HIV treatment and prevention 
        services, increases stigma, and gives license to discrimination, 
        violence, and harassment: Now, therefore, be it
    Resolved, That the Senate--
            (1) condemns the Government of Brunei's further 
        criminalization and barbaric punishments regarding sexual 
        orientation, adultery, and relations between persons of the 
        same sex;
            (2) calls on the Government of Brunei to expeditiously 
        repeal such measures; and
            (3) supports the withdrawal and denial of United States 
        visas for any Brunei official responsible for passage or 
        implementation of such laws until they are repealed.
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