| For a summary of Brunei Darussalam’s review at the second cycle please click here. |
6th UPR session
Date of review: 8 December 2009
Date of report adoption: 4 January 2010
Document number: A/HRC/13/14
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SUMMARY SOGIESC issues during Brunei Darussalam’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Right to privacy, marriage and family life
10. The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), ILGA-Europe, ILGA-Asia, the International Gay and Lesbian Human Rights Commission and ARC International in a joint statement noted that Brunei Darussalam maintains criminal sanctions against “carnal intercourse against the order of nature,” and such provisions are often applied to criminalise sexual activity between consenting adults. AI added that these provisions allow for discrimination against lesbians, gays, bisexuals and transsexuals. ILGA recommended that the Human Rights Council urge Brunei to bring its legislation into conformity with international human rights standards by repealing all provisions which criminalise “carnal intercourse against the order of nature or other sexual activity between consenting adults”.
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
30. The Netherlands […] expressed concern at the existence of criminal sanctions against “carnal intercourse against the order of nature” and that such provisions may be applied to criminalize sexual activity between consenting adults. The Netherlands made recommendations.
48. Sweden […] noted the criminalisation of same-sex consensual sexual activity, noting that there were no known reports of the law being used in the preceding years.
V. Conclusions and/or recommendations
Brunei Darussalam noted the following recommendations:
90.20a Repeal or amend the section of the Penal Code which provides for criminal sanctions against “carnal intercourse against the order of nature” and may thus be applied to criminalize sexual activity between consenting adults, so as to ensure that it does not discriminate against lesbians, gays, bisexuals and transsexuals (Netherlands);
90.20b Decriminalize sexual activity between consenting adults and bring its legislation into conformity with international human rights standards by repealing legislative provisions which criminalize “carnal intercourse against the order of nature” or other sexual activity between consenting adults (Canada);
90.20c Abrogate or amend section 377 of the Penal Code to guarantee non-discrimination on the grounds of sexual orientation or gender identity (Spain);
90.20d Amend section 377 of the Penal Code in order to decriminalize consensual sexual activity among persons of the same sex (Sweden).
VI. Further information
You will find all documents relating to Brunei Darussalam’s first review at UPR-Info and OHCHR’s websites.