BRUNEI TIP REPORT SUBMISSION

UNCLAS BANDAR SERI BEGAWAN 000080 SIPDIS SENSITIVE SIPDIS DEPARTMENT FOR G/TIP, G, INL, DRL, PRM, EAP/RSP, EAP/MTS STATE PASS TO USAID E.O. 12958: N/A TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB SUBJECT: BRUNEI TIP REPORT SUBMISSION REF: STATE 2731 ¶1. (SBU) Please find below Post's submission in preparation for the annual Trafficking in Persons Report. Please note paragraph designations are keyed to reftel questions: -------------- OVERVIEW -------------- ¶A. Brunei is not a major destination for trafficked persons, nor is it a source or transit country. However, Brunei is heavily dependent on foreign workers to perform much of the manual labor, as well as a significant amount of the high-skill work required to keep its economy functioning. GOB statistics indicate that approximately 86,000 persons, just over 22 percent of the nation's population, are foreign workers legally resident in Brunei. With such a large foreign worker population, it is possible that a small number of persons may escaped detection as having been trafficked into Brunei. Brunei authorities, social service agencies, and the embassies of potential source countries all believe that TIP, if it occurs at all in Brunei, is very infrequent and most likely occurs in the context of legal labor agreements not being honored by either the employer or employee. Such cases are prosecuted (or more often mediated) under the Labor Act. ¶B. Although the Trafficking and Smuggling Persons Order 2004 is in force, no case has been tried under this law. Most trafficking related cases such as contract switching and non-payment of salary are tried under the Labor Act. Authorities considered prosecuting one case during the reporting period for trafficking, but lacked sufficient evidence to bring the case to trial. The two foreign nationals arrested in this case were convicted for living wholly or in part on the proceeds of prostitution, and are currently serving their sentences. In January 2007, the GOB joined the International Labor Organisation (ILO) and plans to ratify the Worst Forms of Child Labor Convention, ¶1999. The GOB is currently reviewing relevant laws and policy to bring them more fully into line with international labor standards. Under the revised Employment Agencies Order of 2004, recruitment agencies must be licensed by the government to protect foreign workers from exploitation. All agencies must be licensed by June 2008 to operate in the country. ¶C. Anti-trafficking policy, programs, and enforcement efforts are coordinated by the National Committee on Transnational Crime. The Immigration Department under the Ministry of Home Affairs is the lead agency on enforcement. Other government agencies involved in anti-trafficking efforts are the Prime Minister's Office, the Ministry of Home Affairs, the Ministry of Foreign Affairs and Trade, the Internal Security Department, the Royal Brunei Police Force, and the Department of Community Development. ¶D. As the government of a small country with a correspondingly small law enforcement community, the GOB lacks broadly dispersed internal expertise in addressing trafficking issues. ¶E. The National Committee on Transnational Crime monitors anti-TIP enforcement. The Immigration and National Registration Department (under the Ministry of Home Affairs) monitors and screens movements of people entering and exiting the country, including monitoring for evidence of trafficking in persons and trafficked victims. Given the very small number of reported possible TIP cases, the GoB does not prepare any dedicated reports on trafficking. -------------- INVESTIGATION AND PROSECUTION OF TRAFFICKERS -------------- ¶A. Brunei enacted the Trafficking and Smuggling of Persons Order 2004 in December 20, 2004 which specifically prohibits trafficking in persons both for sexual and non-sexual purposes including forced labor. The Order applies whether Brunei is the receiving, sending, or transit country. The Children Order 2000 deals specifically with the offense of trafficking in children. Section 33 (1) of the Order provides that it is an offense to take any part in any transaction where a child is held against his/ her will and controlled for any valuale consideration. The penalty is imprisonment, which may extend to seven years wih ten strokes of the cane or to a fine not exceeding BND20,000 (approximately USD 14,285) or both. Section 5 of the Women and Girls Protection Act provides that any person who knowingly lives wholly or in part on the earnings of prostitution involving any woman or girl, or in any public place persistently solicits or importunes on behalf of a women or girl for immoral purposes, is liable to imprisonment of 5 years and to a fine of BND 20,000 (approximately USD 14,285). The Compulsory Education Order 2007 which came into force on November 24 2007, requires all children aged from six to fifteen years old to attend school. Violation of the Order will render parents of such a child liable to a fine not exceeding BND 5,000 (approximately USD 3,450). The Order is meant to ensure all children in the country obtain a formal education of at least nine school years. The Order is also intended to prevent parents from keeping their children out of school to work during school hours. ¶B. Section 6 of the Trafficking and Smuggling of Persons Order 2004, which covers the offense of exploiting a trafficked person where the term exploitation is defined as all forms of sexual exploitation, stipulates that anyone who engages in exploitation of a trafficked person shall be guilty of an offense and liable on conviction to a fine not exceeding BND 1,000,000 (approximately USD 714,000) and imprisonment for a term of not less than 4 years but not exceeding 30 years and caning. ¶C. The Trafficking and Smuggling of Persons Order 2004 stipulates that any person who recruits or harbors any persons for the purpose of exploitation - defined as including forced labor or involuntary servitude - by means of deception, abuse of power or of a position of vulnerability, may be punished by a fine not exceeding BND 1,000,000 (approximately USD 714,000) and imprisonment for a term of not less than 4 years but not exceeding 30 years and caning. Non-payment of salary cases are tried under the Labor Act. Employers who fail to pay wages of their employees can be fined BND 1,500 or imprisoned for a term of 6 months. The Employment Agencies Order 2004 regulates activities of employment agencies making them accountable and responsible for the recruited employees. Under the Order, the Commissioner of Labor may institute proceedings against any employment agency which charges or receives any form of fee remuneration, or profit beyond those set by law or regulation; knowingly or voluntarily deceives any person by giving false information; places any person in any occupation injurious to the public interest; knowingly sends any person to any place for immoral purposes; or transfers a license to any other person. Violations of this law carry penalties of a fine of up to BND 5,000 (approximately USD 3,570),imprisonment for a term of up to 2 years or both. The GoB also cooperates with labor sending countries that license or certify recruiters to promote open and transparent labor contracting processes in labor source countries. ¶D. Section 376 of the Penal Code calls for imprisonment of up to 30 years and caning for the offense of rape. Should the rape also cause harm, cause fear of death or hurt, or involve a minor less than 14 years old, the minimum penalty is eight years with a minimum of 12 strokes of the cane with the maximum penalty 30 years. Trafficking for commercial sexual exploitation, which falls under the Section 4 provision of the Trafficking and People Smuggling Oder, carries a fine not exceeding BND 1,000,000 (approximately USD 714,000) and imprisonment for a term of not less than 4 years but not exceeding 30 years and caning. ¶E. Prostitution is illegal. Any individual who sells, lets to hire or otherwise disposes of or buys or hires or otherwise obtains possession of any woman or girl that shall be employed or used for the purpose of prostitution is liable to imprisonment of five years and a fine of BND 20,000 (approximately USD 14,285). ¶F. To date, there have been no prosecutions in Brunei under the Trafficking and Smuggling of Persons Order 2004. During calendar year 2007, Brunei police investigated and made arrests in ten cases involving prostitution. The alleged prostitutes were from Thailand, Indonesia, the Philippines and China and had entered the country as tourists. Police investigations indicated that the women involved had been identified as prostitutes or possible prostitutes by their home country law enforcement agencies. In one case, two women asserted that they were trafficked due to the ill-treatment by their handlers. These women were sheltered by their home country embassy but declined to cooperate with the police investigation and were returned home to the care of their home country social services agency. In October 2007, two Thai nationals were arrested for living in part on the earnings of prostitution (pimping). Three Thai national possible victims of trafficking were sheltered at a government facility as the police investigated the case as possible trafficking in persons. Due to insufficient evidence of trafficking (the victims had come to Brunei voluntarily and contacted the pimping couple only after arriving) and a lack of cooperation from the possible victims, authorities prosecuted and subsequently convicted the pimps under the Women and Girl's Protection Act. The two convicted are currently serving their sentences. The Department of Labor (DOL) regularly investigates labor-related cases involving: placement in different jobs from those initially offered; salary deductions for recruitment fees; salary based on false promises; and high recruitment fees paid by the prospective employee. The GOB can prosecute employers for contract switching even if the contractual terms were changed with the consent or knowledge of the concerned employees. DOL regularly conducts surprise inspections of foreign workers at their workplace and living quarters to check on possible abuse of labor work placements and to ensure the workers' living conditions are generally clean and safe. During the year, police investigated 14 cases of foreign domestic helpers who were physically abused by their employers. Thirteen of the victims were female Indonesians and one female Filippino. Police reported one male Bangladeshi laborer who was abused by his employer. During calendar year 2007, the DOL recorded 26 complaints by domestic helpers and 108 complaints by corporate/garment workers against employers who failed to pay workers' salaries. Sixteen of the complaints by domestic workers and 60 of the complaints by corporate/garment workers were resolved, largely by employer compensation payments. Eighteen complainants withdrew their complaints while the remaining cases were still under investigation at the end of the year. Immigration authorities were active and effective in identifying violators of immigration law after they had entered the country. There were no cases reported of Immigration authorities identifying immigration violators as potential trafficking victims during the reporting period. ¶G. In August 2007, the Head of the Police Anti-Vice unit attended a course in Australia run by the United Nations Office on Drugs and Crime (UNODC) on human trafficking and was taught how to identify victims. The Anti-Vice unit conducts periodic refresher training for its members on TIP awareness as part of its standard, in-service training program. The Attorney-General's Chambers provides periodic refresher courses to the Immigration Department on the Trafficking and Smuggling of Persons Order 2004. In February 2008, Brunei Immigration officers attended the Vienna Forum to Fight Human Trafficking, and participated the 2007 ASEAN Workshop on Criminal Justice Responses to Human Trafficking in Thailand in May 2007. The Department of Community Development has trained counsellors in giving counselling to victims of trafficking and domestic violence to help in rehabilitating those who were involved in negative social activities and to help the victims to gain self-confidence and "be responsible for themselves, their family, community, religion and country". ¶H. During the reporting period, the Immigration Department cooperated fully and effectively with U.S. law enforcement in an investigation of a possible trafficking case involving persons who transited Brunei. To Post's knowledge, the USG has not sought follow up assistance in this case. ¶I. Brunei has not received any request from any foreign country for the extradition of persons charged with trafficking offences. Under the new Extradition Order 2006, taken together with the Trafficking and Smuggling of Persons Order 2004, the offense of trafficking in persons is deemed to be an extraditable offence. Under the Extradition Order 2006, Brunei would extradite persons charged with the trafficking offence if the extradition request is made by any of the listed Commonwealth countries, a country with whom Brunei Darussalam has an extradition treaty, any other country designated under the Order, or any entity or country for the purpose of a particular extradition request. ¶J. No. ¶K. Not Applicable. ¶L. Not Applicable, Brunei had fewer than twenty military personnel deployed on peacekeeping operations during the reporting period. ¶M. Not Applicable. -------------- PROTECTION AND ASSISTANCE TO VICTIMS -------------- ¶A. The Children Order 2000 (part VIII) dealing with trafficking of children provides for taking children who are in need of protection into temporary custody by the police or social service agency. Children taken for temporary custody are placed in a place of safety and are to be examined by a medical officer, who may administer such procedures and tests as may be necessary to diagnose the condition and thereafter to provide the necessary treatment. The Women and Girls Protection Act 1972 can also be applied in the cases of women and girls trafficked for the purposes of employing or using them for prostitution or procured to have sexual relations by means of threats, intimidation or deceit. It provides for the maintenance of a place of safety and the provision for cost of care, maintenance and education of women and girls detained therein. ¶B. The country does not have a facility dedicated to trafficking victims but does have rehabilitation and protection centers run by the Department of Community Development and staffed with trained personnel which take in trafficked victims. During the year, three foreign nationals arrested initially for prostitution were treated as victims of trafficking and sheltered at a government-run center. The victims subsequently requested repatriation which was funded by the Immigration Department. In such cases, the GoB works with the victim's home country embassy to hand over the returning victims to social service agencies in their home countries. ¶C. The Trafficking and Smuggling of Persons Order 2004 created a government financed fund which can be tapped to cover the cost of reparation of smuggled persons and trafficked persons. ¶D. There is no formal system of identifying victims of trafficking. Persons can be identified as in need of protective services under the Women and Girls protection Act and the Children Order. One foreign embassy reported that it cooperates with Brunei Immigration authorities to provide emergency visitor visa permission, as well as shelter and assistance to its nationals who have escaped from abusive labor conditions or prostitution (forced or not) from neighboring areas of Malaysia. ¶E. Not applicable. ¶F. The rights of a child victim in the legal process are safeguarded under the Children Order 2000. That Order prohibits the publication of any materials which reveal or tends to reveal the identity of the child (which under the act is defined as a person under the age of 18 years old). Under the Criminal Procedure Code, a child victim under the age of 14 years at the time of the alleged offence (if the trafficking involves an assault, injury, or threat of injury or any sexual element) may be allowed to give evidence through live television link. The Women and Girls Protection Act 1972, provides that (in the type of cases described above) the proceedings shall be held in camera and the names, identities or photographs of such women or girls shall not be published in any media. Further, the Attorney-General's chambers endeavours to ensure that victims of any offences, including trafficking offences are fully informed of the legal process, including informing them of the progress of the cases involving them. ¶G. The Brunei police encourage victims to assist in investigations as witnesses. The victims are permitted to obtain other employment in the country pending trial proceedings. There is no known victim restitution program. ¶H. The Department of Community Development provides rehabilitation and protection centers under the Women and Girls Protection Act 1972 and the Children Order 2000. The GoB operates four protection centers, three of which could be used for assisting trafficking victims. Taman Noor Hidayah 2 is a protection centre for children, teenagers, and women or wives who are victims of sexual abuse, family problems, and neglect and for those who need protection including trafficked victims. The Darussakinah 1 is a protection home for boys below 18 years old under the Children Order 2000, who are victims of neglect, abandonment and for those who need protection (temporary shelter). Darussakinah 2 is a protection home for girls below 18 years old under the Children Order 2000, who are victims of neglect, abandonment and for those who need protection (temporary shelter). Victims of trafficking and witnesses will be given basic necessities such as food, clothing and safety in the shelter as well as counselling services. Emboffs visited the Taman Noor facility during the reporting period and found conditions there spartan but clean with well-trained, caring staff. ¶I. The GOB does not provide any centrally coordinated specialized training for its officials in identifying trafficking in victims. The Brunei Police runs an internal workshop on how to identify trafficking victims for members of the anti-vice unit which deals with prostitution cases. There is no formal training program run by the GOB for foreign embassies. Post surveyed the embassies of the top five source countries for legal labor in Brunei. Those embassies all reported very good cooperation with GOB authorities including police and the Labor Department. Because Brunei is dependent on foreign labor and the sending countries derive significant revenue from remittances, all sides have an interest in ensuring labor codes are adhered to and any disputes are resolved quickly and fairly. ¶J. There are no legal provisions in the 2004 Order that require the GOB to render assistance to its nationals who are repartriated as victims of trafficking. There were no cases of Brunei trafficking victims reported. Given Brunei's small and closely knit community and social structure, such assistance, if ever needed, would likely be provided at the village level with the the quiet support of the national government. ¶K. There have been no reported cases of international organisations or NGOS working with trafficking victims in the country. The monies in the trafficking and smuggling of persons fund can be used for the promotion of information and education of the public in preventing, suppressing or otherwise combating TIP or people smuggling. -------------- PROTECTION -------------- ¶A. While Brunei acknowledges that trafficking does occur and takes the issue seriously, it does not see trafficking as a significant problem. A conservative country with low rates of social crimes (including prostitution),Brunei officials and social service agencies simply do not have the case load to indicate that TIP is a serious problem. ¶B. Brunei's Attorney General Chambers leads national efforts to educate law enforcement and social services agencies on the TIP Order. Training is conducted annually, but lack of staff has meant that such efforts are limited in scope. ¶C. There are no NGOs or organizations specifically dealing with the trafficking in person's issue. ¶D. Immigration and law enforcement officials at Brunei's six major entry points screen arrivals and departures and are charged with enforcing anti-trafficking laws. ¶E. The National Committee on Transnational Crime (NCTC) under the Prime Minister's Office coordinates GOB efforts to combat transnational crimes including trafficking and smuggling of persons. It is chaired by a permanent secretary in the prime minister's office and includes representatives from relevant government services. Brunei's Anti-Corruption Bureau is the enforcement agency combating public corruption, which falls under the prime minister's office. ¶F. Brunei committed under the Bali process as an ASEAN member to fulfil the plan of action regarding developing a work program related to trafficking in persons. Following further interagency review, the GOB determined that given the very limited scope of trafficking in Brunei, current training and enforcement efforts were sufficient and that elements of a national action plan against TIP were adequately addressed in other interagency anti-crime initiatives. ¶G. The GOB believes that societal moral values, combined with Sharia law, will deter its citizens from seeking commercial sex acts. Brunei's official ideology of Malay Islamic Monarchy emphasizes the primacy of Islamic moral values in society. There are strong social taboos in Brunei against participating in, let alone travelling abroad for commercial sex acts. Further, Muslims are subject to Sharia law, which prohibits Muslim males or females to be in close and suspicious proximity with another person other than his or her spouse - an offense referred to as khalwat. Religious authorities actively investigate khalwat - about 691 cases of khalwat were reported during calendar 2007. If convicted, offenders may be imprisoned, fined, or lose their government jobs or pensions. SKODON