Fact, Faith And Legend: The Forces That Shape The Concept And Practice Of Human Rights In Brunei Darussalam

Abstract

Human rights has come to the fore in the international arena with the formation of the United Nations Human Rights Council's (HRC) mechanism of Universal Periodic Review (UPR), which scrutinises the human rights situation in all 192 United Nations (UN) member countries. This peer review process has garnered more attention on the way human rights are upheld within a country. Brunei Darussalam has undergone its Universal Periodic Review at the 6th HRC-UPR Session in Geneva, Switzerland in December 2009. The human rights situation in Brunei has two perspectives, namely the international assessments by the United States (US) State Department reports, and reports prepared by international organisations, and non-governmental organisations, with Freedom House even concluding that Brunei was "not free". Secondly, the way the concept of human rights is understood in Brunei, shaped by a set of dynamic forces, the interaction of which produces a Brunei Social Contract (BSC) that has traditionally met the people's demands and which, to date, has been able to respond effectively to national, regional and global changes. The international assessments of Brunei or any other specific country seem to devise a rigid international paradigm of human rights. Brunei is very unique in that it has a different historical, geographical, socio-cultural and religious background that form a set of forces that shape the concept and practice of human rights in the country. These set of forces, together with civil and Syariah legislation ensure that the promotion and protection of human rights is upheld in Brunei. The BSC is maintained by the dual nature of obligations of the Sultan offering protection of rights in return for respect and obedience. The concept of "Hak Kuladan" or personal property rights, which focus on the rights of the individual within his family, within his community, and also within his district and country, all under the Sultan. The thesis challenges that Brunei does not need to conform to the international paradigm that is produced by the international assessments, and by having national legislation and official policies in place, coupled with the aforementioned set of forces and the maintenance of the BSC, human rights is promoted and protected in Brunei.