AMBASSADOR TODD HOLDS WIDE RANGING DISCUSSION WITH

C O N F I D E N T I A L SECTION 01 OF 03 BANDAR SERI BEGAWAN 000071

SIPDIS

DEPARTMENT PASS FOR EAP/MTS/COPPOLAMG,
EAP/RSP/VODERSTRASSEJ, G/TIP/CHAN-DOWNERC
DEPARTMENT PASS FOR USTR/EHLERK, BAER
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SINGAPORE FOR DAO/SEABAUGHK

E.O. 12958: DECL: 03/26/2014
TAGS: PGOV PINR PHUM PREL KIPR BX
SUBJECT: AMBASSADOR TODD HOLDS WIDE RANGING DISCUSSION WITH
BRUNEI'S DEPUTY FOREIGN MINISTER

REF: BANDER SERI BEGAWAN 68

BANDAR SER 00000071 001.2 OF 003


Classified By: Charge d' Affaires, John W. McIntyre for Reason 1.4 (b a
nd d)

SUMMARY
--------------

1. (C) Ambassador Todd met with Brunei Deputy Foreign
Minister, Pehin Lim Jock Seng, on March 19th at Pehin Lim's
request. Ambassador Todd pressed USG concerns regarding
religious freedom, especially at private religious schools.
Pehin Lim Jock expressed surprised and consternation that
this issue had not been fully resolved. The upcoming
Trafficking in Persons (TIP) report was discussed with
Ambassador Todd noting that exploitation of foreign labor is
a concern. New labor laws are in the process of being
enacted and Pehin Lim pledged to provide more information.
Intellectual Property Rights (IPR) and the lack of
enforcement and prosecution by certain Brunei ministries,
namely the Attorney General Chambers, was noted. The high
rates of disc piracy and lack of responsiveness to rights
holders were highlighted as key factors to possible and
likely changes in Brunei's Special 301 status. On a more
positive tone, Ambassador Todd and Pehin Lim discussed
possible visits of the Sultan and Crown Prince to the United
States. There was specific interest in meeting with POTUS as
well as senior USG officials in Washington. Additionally,
Pehin Lim Jock noted the success of the Sultan's visit with
Ambassador Todd to Pacific Area Command (PACOM) and said
follow up visits by the Sultan and/or the Crown Prince are of
interest. Ambassador Todd also supported Pehin Lim's efforts
for more Bruneians, including members of the royal family, to
study in the US. Ambassador Todd provided, at Pehin Lim's
request, a letter detailing USG concerns and Pehin Lim
promised a formal response. Pehin Lim was receptive to
Ambassador Todd's concerns but immediate action on the
religious freedom issue is likely not forthcoming. Progress
on Labor, IPR, high-level visits, and educational exchanges
are more likely. End Summary.

ROLLING BACK RELIGIOUS FREEDOM
--------------

2. (C) Ambassador Todd, during his meeting with Deputy
Foreign Minister, Pehin Lim Jock Seng, took the opportunity
to again press the issue of restrictions on religious freedom
in Brunei. As noted in this year's Human Rights Report (HRR),
Brunei has restricted private religious schools' ability to
teach non-Islamic religious subjects to their non-Islamic
students. The Government of Brunei (GoB),via the Ministries
of Religious Affairs and Education, have specifically
targeted St. Andrews, the local Anglican school. Pehin Lim
said that his understanding was that the Ministry of
Education simply asked St. Andrew's to ensure that the core
Brunei education curriculum was being followed and that if
the school wanted to teach religious matters after hours,
they could. Ambassador Todd noted that the school was in
compliance, to the best of his knowledge, with the national
curriculum, but received an official letter stating school
officials could be fined or imprisoned if non-Islamic
subjects were taught. Pehin Lim said he was unaware of such
letter and asked for a copy. Ambassador Todd and DCM McIntyre
both noted they had viewed the letter but that school
officials did not want to provide a hard copy of said letter
for fear of possible reprisals. Pehin Lim responded that he
would have to follow up further on this issue but that he was
disappointed that it had not already been taken care of both
by his staff and the various ministries. He asked that the
Ambassador provide him with official letter detailing the USG
concerns. (NOTE: Ambassador Todd provided a similar letter to
Pehin Lim in early December. END NOTE.) Ambassador Todd
concluded by saying the USG respects Brunei's laws and
customs but believes Brunei can and must follow the legal
precepts promising religious freedom as detailed in Brunei's
constitution

TIP REPORT'S FOCUS ON LABOR
--------------

3. (SBU) Ambassador Todd took the opportunity to discuss the
Trafficking in Persons (TIP) report. He noted that while
Brunei does not appear to have significant issues with
prostitution or sex worker trafficking, there have been
concerns raised about forced labor and foreign workers. While

BANDAR SER 00000071 002.2 OF 003


the GoB closely monitors and enforces labor laws, Ambassador
Todd highlighted that a new Labor Order, which is designed to
further enhance labor protections, would be viewed as
significant progress. Pehin Lim noted that he did not have
the latest information on where the Labor Order stood in
terms of passing but that he would look into it further. He
was interested in further updates on the TIP report,
especially given changes in the US legislation that would
remove Brunei's "exempt" status. In his letter to Pehin Lim,
Ambassador Todd asked for further clarification on Brunei's
labor laws and for more information on possible new and
enhanced legal protections.

BRUNEI MOST DO MORE FOR IPR
--------------

4. (SBU) As noted in Reftel, Ambassador Todd urged more
action on IPR. With a specific focus on lack of prosecutions
as well as what appears to be an unwillingness to met with
rights holders, especially by the Attorney General's
Chambers, Ambassador Todd noted that Brunei is being looked
upon as a piracy haven. Ambassador Todd noted that MFAT,
especially Dato Lim Jock Hoi and Vincent Kong with the Trade
Department, have been excellent advocates for more IPR
activities but that other GoB ministries continue to lag
behind. (NOTE: Dato Lim Jock Hoi is Pehin Lim's brother and
is the Permanent Secretary for the Trade Department. Vincent
Kong serves as the Director of the Department. End Note.)
Ambassador Todd pointed out it is unlikely that Brunei will
remain off the Special 301 Watchlist. Pehin Lim expressed his
concern over this change and asked what more could be done.
Per Reftel, Ambassador Todd noted that the GoB could focus
specifically on disc piracy and that more meetings with IPR
rights holders should occur. Pehin Lim pledged to follow up
on this matter and thanked the Ambassador for the positive
comments regarding the work of MFAT.

AND ON A POSITIVE NOTE
--------------

5. (C) Turning to more positive matters, Ambassador Todd and
Pehin Lim discussed possible visits by the Sultan and the
Crown Prince to the United States. Pehin Lim specifically
highlighted the success of the Sultan's visit to PACOM in
November. He noted that other senior GoB officials would like
to follow up on visits to PACOM as well as receive senior US
Military officials in Brunei. Pehin Lim noted that the
Sultan would like to visit with POTUS, possibly in early fall
2009 in Washington. He also said that the Sultan liked
Ambassador Todd's suggestions of visits to SOUTHCOM, West
Point and, potentially other US Military installations, as
appropriate. Pehin Lim also agreed that the Sultan would
appreciate a visit with Boeing and other major aerospace
companies. Ambassador Todd took the opportunity to discuss
possible trips for the Crown Prince to the US. Ambassador
Todd noted that a visit to Boeing, Microsoft, Stanford, and a
major US Military installation may be of interested to the
Crown Prince. Pehin Lim readily agreed, specifically
pointing to a growing interest in Stanford amongst many
senior GoB officials.

STUDYING IN THE U.S.
--------------

6. (SBU) The meeting concluded on high note as Pehin Lim
noted a growing interest in Brunei amongst students,
including members of the royal family, to study in the U.S.
Pehin Lim commented that he personally advised members of the
royal family to consider schools such as Stanford for their
Masters and Ph.D. degrees. Ambassador Todd stated that
outreach to Bruneians, especially regarding opportunities to
study in the US is one of his top priorities. Ambassador
noted that the US will be hosting DVCs in conjunction with
Washington. Pehin Lim replied that he is impressed with the
Embassy's outreach efforts and commented he'd welcome any
assistance with an appointment as a visiting scholar at
Stanford.

COMMENT
--------------

7. (C) Pehin Lim was receptive to Ambassador Todd's
concerns but to date there has been little action taken,
especially in regards to the religious freedom issue. It is
clear there is a disconnect between Ministries of Education,
Religious Affairs, and Foreign Affairs with the net effect of

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no action taken. Pehin Lim is obviously concerned about a
change in Brunei's status within the various State Department
reports. He also expressed visibly frustration that
Ambassador Todd's concerns had not been addressed more fully
by his senior staff. We await a more formal response on all
the issues raised in Ambassador Todd's letter to Pehin Lim.
It is doubtful that immediate action will be taken on the
religious freedom issue, however the GoB knows that this is
an issue that will not simply go away. Some progress will
likely be made in the immediate future on IPR enforcement.
Brunei monitors its labor market closely and does not appear
to have significant forced labor issues, however enhanced
legal protection would be welcome.

MCINTYRE