Brunei’s Internal Security Act: A Mixed Bag in Combating Crime

In a country where Sharia law is enforced alongside secular law, Brunei’s approach to combating crime has raised concerns among criminal justice practitioners. The Internal Security Act serves as the primary legal framework to tackle subversion and organized violence, but its implementation has been inconsistent.

Inconsistent Enforcement

• Suspected perpetrators can have their assets confiscated without being convicted of organized crime, a unique approach that has sparked debate.
• The country’s lack of clear definitions on transnational organized crime in its criminal code has led to concerns over ineffective law enforcement.

The dual legal system in Brunei, with Sharia courts enforcing Islamic law and secular courts handling civil and criminal cases, raises questions about fairness and equality under the law. While the government provides an attorney for indigent defendants in death penalty cases, conditions in prisons are not well-documented, leaving concerns over treatment of inmates.

Economic Concerns

• Brunei’s economy relies heavily on oil extraction, but its financial system has been criticized for lacking transparency and allowing beneficial ownership secrecy.
• The country’s significant assets held by the monarchy are unlikely to be subject to scrutiny, sparking concerns over money laundering and corruption.
• Despite efforts towards economic diversification, progress has been slow due to the centralized state structure that relies heavily on the monarchy.

Social Concerns

• The lack of a dedicated facility for addressing human trafficking leads to concerns over victim support and protection.
• Rehabilitation centers exist, but victims are often deported or convicted as irregular workers rather than being identified as victims of human trafficking.
• Civil society organizations are scarce in Brunei due to national legislation ensuring close government oversight.

Conclusion

Brunei’s approach to combating crime and promoting transparency has been inconsistent, raising concerns among criminal justice practitioners. The country’s unique legal system and lack of clear definitions on transnational organized crime have led to ineffective law enforcement, while its economic system lacks transparency and allows beneficial ownership secrecy.

Efforts towards human trafficking prevention and victim support are also lacking, with concerns over deportation and conviction of victims rather than providing protection and assistance. As the country continues to grapple with these challenges, it remains unclear whether its approach will effectively combat crime and promote transparency.