Brunei’s Efforts Against Organized Crime Fall Short

Kuala Lumpur, Malaysia - Despite ratifying international treaties and participating in regional forums to combat organized crime, Brunei’s efforts have been hindered by a lack of practical cooperation in transnational investigations.

Legal Framework

Brunei has a strong legislative framework against organized crime, but its implementation is inconsistent. The country’s approach to confiscation is unique, as suspected perpetrators do not need to be convicted of organized crime to have their assets seized.

Criminal Justice System

The country’s legal system is divided into secular and Sharia courts, with the latter following a strict interpretation of Islamic law. Civil and criminal law is based on English common law and enforced in secular courts, while Sharia law is enforced in Sharia courts. Conditions in prisons are not well documented.

Obligations to Combat Organized Crime

Brunei’s obligations to prevent and combat transnational organized crime are unclearly defined in its criminal code. Although the government established an inter-agency team to investigate human trafficking cases, it has failed to prosecute or convict any traffickers for the fourth consecutive year.

Vulnerabilities

The country faces vulnerabilities due to its small size and coastal areas prone to illegal fishing and smuggling of people. However, there is limited information about threats from transnational organized crime actors.

Economy

Brunei’s economy relies heavily on oil extraction, which accounts for almost all of its total exports and over half of its GDP. The country has called for economic diversification but progress has been slow due to the centralized state structure that relies on the monarchy.

Human Trafficking

The government has allocated more budget for trafficking-specific expenses and maintained a secure shelter for victims. However, there is no known protection program for foreign workers, who are likely to be deported and/or convicted as irregular workers rather than identified as victims of human trafficking.

Civil Society

Brunei’s civil society is limited due to national legislation ensuring close government oversight. Only non-Bruneian NGOs operate in the country, working closely with the government to tackle human trafficking. Press freedom is severely restricted, with the state controlling the only television station and a main English-language daily newspaper.

Sharia Law

The introduction of Sharia law has further restricted Brunei’s civic space, including the imposition of the death penalty for various offenses. The country’s lack of transparency in its financial system and high degree of beneficial ownership and tax secrecy also raise concerns about money laundering and corruption.

Conclusion

Overall, while Brunei has made some efforts to combat organized crime, its effectiveness is hindered by a lack of implementation, inconsistent application of laws, and limited civil society organizations.