Identifier
Created
Classification
Origin
94BANDARSERIBEGAWAN318
1994-04-05 07:25:00
CONFIDENTIAL
Embassy Bandar Seri Begawan
Cable title:  

BRUNEI CONSIDERS CONSTITUTIONAL REVISIONS

Tags:  PGOV BX 
pdf how-to read a cable
R 050725Z APR 94
FM AMEMBASSY BANDAR SERI BEGAWAN
TO SECSTATE WASHDC 3077
USCINCPAC HONOLULU HI
ASEAN COLLECTIVE
AMEMBASSY BUCHAREST
C O N F I D E N T I A L SECTION 01 OF 05 BANDAR SERI BEGAWAN 00318 


DEPT. FOR EAP/PIMBS FOR NIDA
DEPT FOR INR/B
SINGAPORE FOR ARMA
CINCPAC FOR FPA - AMB. SALMON
BUCHAREST FOR POL - TONY KOLANKIEWICZ

E.O. 12356: DECL: OADR
TAGS: PGOV BX
SUBJECT: BRUNEI CONSIDERS CONSTITUTIONAL REVISIONS

REF: BANDAR SERI BEGAWAN 186

C O N F I D E N T I A L SECTION 01 OF 05 BANDAR SERI BEGAWAN 00318


DEPT. FOR EAP/PIMBS FOR NIDA
DEPT FOR INR/B
SINGAPORE FOR ARMA
CINCPAC FOR FPA - AMB. SALMON
BUCHAREST FOR POL - TONY KOLANKIEWICZ

E.O. 12356: DECL: OADR
TAGS: PGOV BX
SUBJECT: BRUNEI CONSIDERS CONSTITUTIONAL REVISIONS

REF: BANDAR SERI BEGAWAN 186


1. CONFIDENTIAL - ENTIRE TEXT.


2. SUMMARY: BRUNEI'S TWO-YEAR-PLUS CONSTITUTIONAL
REVIEW PROCESS APPEARS TO BE NEARING COMPLETION.
MOST OBSERVERS REALISTICALLY EXPECT CHANGES TO BE
MODEST, AND THE SULTAN'S FULL POWERS TO REMAIN
INTACT. MODERATES ARE PRESSING FOR THE ESTABLISHMENT
OF A BROADLY REPRESENTATIVE LEGISLATIVE ASSEMBLY,
INITIALLY APPOINTED BUT WITH A TIME-TABLE FOR MOVING
TOWARDS DIRECT ELECTIONS. THE SULTAN WOULD RETAIN
ULTIMATE AUTHORITY OVER THE ASSEMBLY'S ACTIONS.
RELIGIOUS ELEMENTS APPARENTLY HAVE PRESSED FOR THE
INITIATION OF THE EXTREME ISLAMIC HUDUD PUNISHMENTS,
BUT ARE UNLIKELY TO SUCCEED IN THIS ATTEMPT.


3. DEBATE CONTINUES IN THE INNER CIRCLES, BUT
INFORMED OBSERVERS EXPECT THE SULTAN TO ANNOUNCE HIS
DECISIONS THIS YEAR. SHOULD IT MATERIALIZE, THE
LEGISLATIVE ASSEMBLY, EVEN AN APPOINTED ONE, COULD
PROVIDE A FORUM FOR AIRING ALTERNATE VIEWS, AND
COULD, IN THE WORDS OF ONE SENIOR MINISTER, SERVE AS
A "BRAKE" ON THE CURRENTLY UNCHALLENGED RELIGIOUS
RADICALS. END SUMMARY.


4. THE SULTAN'S FEBRUARY 23RD ANNOUNCEMENT (REFTEL)
THAT THE GOVERNMENT HAS BEEN REVIEWING THE
CONSTITUTION HAS PROMPTED SPECULATION ABOUT THE
NATURE OF THE CHANGES CONTEMPLATED. WE HAVE BEEN
TAKING SOUNDINGS WITH GOVERNMENT OFFICIALS AND
DIPLOMATIC CORPS COLLEAGUES CONCERNING POSSIBLE
CONSTITUTIONAL REVISIONS. HIGHLIGHTS FOLLOW.

HUDUD PUNISHMENTS
--------------


5. ON FEBRUARY 24TH IVAN LEONG (PROTECT),BRUNEI'S
ASSISTANT SOLICITOR GENERAL (THE SECOND-RANKING
PROSECUTOR IN THE COUNTRY) TOLD THE EMBASSY'S PUBLIC
AFFAIRS ASSISTANT QUITE MATTER-OF-FACTLY THAT THE
PLANNED CONSTITUTIONAL REVISIONS WILL INCLUDE THE
ALIGNMENT OF BRUNEIAN CIVIL LAW WITH THE ISLAMIC
SHARIA LAW. HE SAID THAT AS A CONSEQUENCE IN THE
FUTURE A LOT OF BRUNEIANS WOULD BE WALKING AROUND
WITHOUT HANDS, BECAUSE AMPUTATION IS THE PUNISHMENT
CALLED FOR BY THE KORAN FOR THEFT.


6. OUR PUBLIC AFFAIRS ASSISTANT PRESSED LEONG AND HE
INSISTED THAT HE WAS SERIOUS. HE OPINED THAT IT WOULD
BE A "GOOD THING" BECAUSE THE PUNISHMENTS WOULD HELP
TO ELIMINATE CRIME. HE ADDED THAT OTHER OFFENSES
SUCH AS ADULTERY, GAMBLING, DRINKING, AND BEARING
FALSE WITNESS (INCLUDED IN THE HUDUD PUNISHMENTS)

WOULD BE CONSIDERED "CRIMES" AND ATTRACT THE
APPROPRIATE ISLAMIC PENALATIES.


7. THE ASSISTANT SOLICITOR GENERAL CLAIMED THAT THE
COMMITTEE ON SHARIA LAW HAD BEEN WORKING FOR A NUMBER
OF YEARS ON THE CHANGES, AND THAT ITS WORK HAD NOW
BEEN FINISHED. HE CLAIMED THAT THE COMMITTEE'S
PROPOSALS WERE NOW BEFORE THE SULTAN FOR HIS
CONSENT. CONCERNING OTHER POSSIBLE CONSTITUTIONAL
REVISIONS, LEONG CLAIMED THAT ALL REFERENCES TO
DEMOCRATICALLY-ELECTED ASSEMBLIES WOULD BE REMOVED
FROM THE CONSTITUTION, AND THE NATIONAL IDEOLOGY, MIB
(MALAY MUSLIM MONARCHY) WOULD BE OFFICIALLY
DESIGNATED AS THE SYSTEM OF GOVERNMENT IN BRUNEI.


8. ADDING AN ELEMENT OF CREDIBILITY TO LEONG'S
ASSERTIONS, THE SULTAN HIMSELF, IN A STATEMENT ISSUED
FEBRUARY 28, ON THE OCCASION OF THE CELEBRATION OF
THE FEAST OF THE REVELATION OF THE KORAN, EXTOLLED
THE VALUE OF THE KORAN AS A GUIDE FOR EVERY ASPECT OF
DAILY LIFE. HE SPECIFICALLY MENTIONED THAT THE KORAN
SETS FIXED PENALTIES FOR SUCH ACTIVITIES AS ADULTERY,
GAMBLING, USURY, AND DRINKING ALCOHOL. HE ASSERTED
THAT HIS GOVERNMENT WOULD, WITH IMMEDIATE EFFECT,
"STUDY AND IDENTIFY ALL TEACHINGS OF THE KORAN WHICH
CAN BE INCORPORATED INTO OUR NATIONAL ADMINISTRATION,
AND THEY SHOULD BE PRACTICED."


9. ON MARCH 9, THE AMBASSADOR PAID HER INITIAL
COURTESY CALL ON PEHIN DATO MOHAMED ZAIN, THE
MINISTER FOR RELIGIOUS AFFAIRS. THE DEPUTY MINISTER,
DATO YAHYA, WAS ALSO PRESENT. THE MINISTER READILY
ACKNOWLEDGED THAT EVENTUALLY HE WOULD LIKE TO SEE THE
FULL APPLICATION OF SHARIA LAW IN BRUNEI, INCLUDING
THE HUDUD PUNISHMENTS. HE AND HIS DEPUTY SAID THAT
THESE COULD BE A DETERRENT TO CRIME. HE SAID THAT
BEFORE SUCH MEASURES COULD BE INTRODUCED, THE PEOPLE
WOULD HAVE TO BE PROPERLY PREPARED, SO THAT THEY
WOULD ACCEPT IT, AND THIS WOULD TAKE TIME. HE SAID
HE DID NOT THINK THAT THE PLANNED CONSTITUTIONAL
REVISIONS WOULD INCLUDE SUCH PROVISIONS.


10. COMMENT: MINISTER ZAIN, HIS POSITION
NOTWITHSTANDING, IS NOT A RELIGIOUS EXTREMIST. HE IS
BELIEVED TO BE RATHER MODERATE. IN THIS
CONVERSATION, MINISTER ZAIN DID NOT APPEAR TO BE AN
ADVOCATE OF FORCING HUDUD PUNISHMENTS ON A RELUCTANT
BRUNEI. THE MINISTER WHO IS BELIEVED TO BE MOST
ZEALOUS IN SEEKING THE ISLAMIZATION OF BRUNEI IS
PEHIN DATO AZIZ, THE MINISTER OF EDUCATION, ALTHOUGH
WE DO NOT KNOW HIS VIEWS ON HUDUD.


11. COMMENT CONTINUED: CONCERNING THE SULTAN'S
FEBRUARY 28TH EMBRACE OF THE KORAN, INCLUDING ITS
SEVERE PUNISHMENTS, WE ATTRIBUTE THIS TO THE
OCCASION, AND TO THE FACT THAT IT OCCURRED WELL INTO
THE FASTING MONTH OF RAMADAN, WHEN RELIGIOUS ZEAL
REACHES A PEAK. WE UNDERSTAND THAT THE SULTAN MET
NIGHTLY DURING RAMADAN FOR LENGTHY KORAN-READING
SESSIONS WITH MULLAHS. THESE MIGHT WELL HAVE
INFLUENCED HIS PRONOUNCEMENT. IN ADDITION, THE
SULTAN ONLY SAID HIS GOVERNMENT "WILL STUDY AND
IDENTIFY" KORANIC TEACHINGS FOR INCORPORATION INTO
HIS GOVERNMENT'S ADMINISTRATION. IN BRUNEI, ISSUES
CAN BE, AND USUALLY ARE, STUDIED AT GREAT LENGTH, AND
FOR SUBSTANTIAL PERIODS OF TIME. WE SUSPECT THAT THE
INTRODUCTION OF HUDUD PUNISHMENTS WILL REMAIN UNDER
STUDY FOR YEARS TO COME. END COMMENT

A MODEST REFORM: COUNCIL OF ADVISERS OR LEGISLATIVE
ASSEMBLY
-------------- --------------


12. OUR CONCLUSION THAT HUDUD IS NOT IMMINENT FOR
BRUNEI WAS REINFORCED BY TWO WELL-PLACED OFFICIALS.
MFA PERMSEC DATO LIM JOCK SENG (PROTECT),WITH WHOM
THE AMBASSADOR MANAGED A FEW RARE PRIVATE MINUTES
RECENTLY, DISMISSED THE IDEA OUT OF HAND, SAYING "MY
MINISTER WOULD NEVER ALLOW IT". (NOTE: THE MINISTER
OF FOREIGN AFFAIRS IS PRINCE MOHAMED, THE SULTAN'S
BROTHER; HE HAS BEEN CHAIRING THE CONSTITUTIONAL
REVIEW COMMITTEE. END NOTE) DATO LIM SAID THAT HE
EXPECTS THE REFORMS TO INCLUDE THE ESTABLISHMENT OF
AN ADVISORY COUNCIL OF SOME SORT, WHICH HE HOPES
WOULD MARK MOVEMENT TOWARDS AN EVENTUAL ELECTED
LEGISLATURE.


13. BRUNEI'S MINISTER OF LAW AND ATTORNEY GENERAL,
PENGIRAN BAHRIN (PROTECT),WAS ALSO REASSURING
CONCERNLNG HUDUD PUNISHMENTS. ON MARCH 16 THE
AMBASSADOR DISCUSSED CONSTITUTIONAL REFORM WITH HIM
AT SOME LENGTH. STRESSING THAT HE WAS SPEAKING IN
STRICT CONFIDENCE, THE MINISTER SAID HE HOPED (AND,
IMPLICITLY, EXPECTED) THE PROPOSED CONSTITUTIONAL
REFORMS TO ACCOMPLISH THE FOLLOWING:

-- GET RID OF THE STATE OF EMERGENCY WHICH HAS BEEN
IN EFFECT SINCE 1962;

-- DESIGN A SYSTEM TO ACCOMMODATE THE SULTAN AS PRIME
MINISTER. THIS WILL NOT BE A WESTMINSTER-STYLE
PARLIAMENTARY DEMOCRACY, HE STRESSED;

-- ESTABLISH A LEGISLATIVE ASSEMBLY. INITIALLY THIS
BODY WILL BE APPOINTED, BUT (IN STARK CONTRAST TO THE
ASST. SOLICITOR GENERAL'S VIEW) BAHRIN SAID THAT THIS
WILL ONLY BE TRANSITIONAL TOWARDS AN ELECTED BODY,
AND THE TRANSITIONAL PERIOD SHOULD BE CLEARLY STATED
IN THE CONSTITUTION. THE BODY SHOULD HAVE
REPRESENTATIVES OF ALL SEGMENTS OF SOCIETY, INCLUDING
MINORITIES AND THE PRIVATE BUSINESS SECTOR.
INITIALLY, VILLAGE HEADMEN COULD SERVE, PERHAPS, AS A
TYPE OF ELECTORAL COLLEGE TO SELECT NOMINEES FOR THE
BODY. REPRESENTATIVES MIGHT BE CHOSEN BY DISTRICTS
(KNOWN HERE AS MUKIM--COLLECTIONS OF VILLAGES).
AFTER THE TRANSITIONAL PERIOD, MOVEMENT WOULD BE MADE
TOWARDS DIRECT ELECTION OF THIS BODY. THIS BODY
WOULD DEBATE AND PASS LAWS, INCLUDING THE BUDGET, FOR
THE SULTAN'S APPROVAL.

-- RETAIN BRUNEI'S CIVIL AND CRIMINAL LAW AS IT IS,
FOUNDED ON THE BRITISH COMMON LAW SYSTEM. SHARIA LAW
WOULD REMAIN IN PLACE FOR RELIGIOUS OFFENSES. HUDUD
PUNISHMENTS WOULD NOT BE INTRODUCED.

-- TRANSFORM ALL OF THE EXECUTIVE ORDERS OF THE
SULTAN, WHICH HAVE SUBSTITUTED FOR LAWS DURING THE
PERIOD OF EMERGENCY POWERS AND IN THE ABSENCE OF A
LEGISLATIVE BODY, INTO LAWS.


14. IN RESPONDING TO THE AMBASSADOR'S QUESTION ABOUT
THE HUDUD PUNISHMENTS, THE ATTORNEY GENERAL SAID THAT
THE PROPOSED LEGISLATIVE BODY WOULD SERVE AS A
"BRAKE" ON, AND AS A COUNTER TO, THE RELIGIOUS
ELEMENTS WHO KEEP PRESSING FOR INCREASED
ISLAMIZATION. THIS BROADLY-BASED BODY WOULD PROVIDE
ALTERNATE VIEWS. AT PRESENT, BAHRIN CLAIMED, ONLY
THE RELIGIOUS ELEMENTS ARE WELL-ORGANIZED AND GET
THEIR VIEWS HEARD, WITHOUT CHALLENGE, BY THE SULTAN.
THIS LEGISLATIVE BODY WOULD COUNTER-BALANCE WHAT THE
ATTORNEY GENERAL TERMED THE "RELIGIOUS RADICALS."


15. PENGIRAN BAHRIN SEEMED CONFIDENT OF THE ABOVE
OUTCOME, BUT HE ACKNOWLEDGED THAT TOTAL CONSENSUS HAD
NOT YET BEEN REACHED ON THE PROPOSALS. THE WHOLE
CABINET HAS PARTICIPATED IN THE CONSTITUTIONAL REVIEW
COMMITTEE, HE SAID, WHICH WAS CHAIRED BY PRINCE
MOHAMED. THERE HAS BEEN STRONG RELIGIOUS
REPRESENTATION. DISCUSSION HAS BEEN INTENSE, HE
SAID, WITH SOME ISSUES REVISITED THREE OR FOUR
TIMES. BAHRIN SAID THAT IT IS IMPORTANT THAT THERE
BE CONSENSUS, SO THAT THE REFORMS WILL BE GENUINELY
ACCEPTED AND PROPERLY IMPLEMENTED.


16. THE ATTORNEY GENERAL EMPHASIZED THAT THE 1959
CONSTITUTION WOULD REMAIN THE BASIS OF BRUNEI'S LEGAL
SYSTEM; THERE WOULD BE NO DRASTIC CHANGES. CHANGES
RATHER WOULD EVOLVE OVER TIME.


17. TIMING OF THE REFORMS: I VENTURED THAT SINCE
THE SULTAN HAD ANNOUNCED ON FEBRUARY 23RD (NATIONAL
DAY) THAT THE REVIEW PROCESS IS NEARING COMPLETION,
PERHAPS HE WOULD ANNOUNCE THE REFORMS ON ANOTHER
SIGNIFICANT DAY, PERHAPS JUNE 12 WHEN THE
RAMADAN-POSTPONED NATIONAL DAY CELEBRATIONS WILL TAKE
PLACE, OR PERHAPS THE SULTAN'S JULY 15 BIRTHDAY. THE
ATTORNEY GENERAL SAID THAT SEPTEMBER 23RD,
CONSTITUTION DAY, WOULD BE ANOTHER POSSIBILITY. HE
SAID THAT SINCE THE SULTAN HAS PUBLICIZED THE REVIEW
PROCESS, IT IS LIKELY THAT THE ACTUAL REFORMS WILL BE
ANNOUNCED THIS YEAR.

WILL MALAY MUSLIM MONARCHY (MIB) CONCEPT BE
INCORPORATED INTO THE CONSTITUTION?
--------------


18. THIS IS ANOTHER QUESTION ON WHICH OPINIONS
DIFFER. SOME OBSERVERS, INCLUDING THE USUALLY
WELL-INFORMED CHARGE OF OMAN (PROTECT),BELIEVE THE
CONSTITUTIONAL REFORMS WILL FORMALLY INCORPORATE
BRUNEI'S DE FACTO NATIONAL IDEOLOGY, THE MIB, INTO
THE CONSTITUTION. OTHERS, INCLUDING THE ATTORNEY
GENERAL, SAY THAT THIS WILL NOT HAPPEN, AS THE
CONSTITUTION ALREADY ESTABLISHES ISLAM AS THE STATE
RELIGION.

A LONG SHOT: PRINCE MOHAMED AS PRIME MINISTER?
-------------- --


19. DISCUSSION OF PROPOSED CONSTITUTIONAL REFORMS
HAS TRIGGERED SOME RENEWED DISCUSSION OF THE
POSSIBILITY THAT THE SULTAN WILL NAME HIS RESPECTED
BROTHER, PRINCE MOHAMED, PRIME MINISTER. ACCORDING
TO THE OMANI CHARGE, SEVERAL OF HIS SOURCES BELIEVE
THIS IS IN THE OFFING. APPARENTLY THIS WOULD BE
INTENDED AS A GESTURE TO HEAL WHAT IS ALLEGED TO BE
THE STILL-REMAINING BREACH BETWEEN THE TWO BROTHERS
CAUSED BY THE SULTAN TAKING A SECOND WIFE. WE FIND
THIS UNLIKELY BUT REPORT IT AS A LONG SHOT BECAUSE OF
ITS SOURCE.

SULTAN TO NAME A CROWN PRINCE?
--------------


20. SEVERAL SOURCES SUGGEST THAT THIS IS THE YEAR
THE SULTAN WILL NAME PRINCE BILLAH, HIS OLDEST SON
(BY HIS FIRST WIFE),THE CROWN PRINCE AND
HEIR-APPARENT. THIS WOULD END THE OCCASIONAL MILD
SPECULATION THAT THE SULTAN MIGHT BREAK WITH
TRADITION AND NAME HIS REPORTEDLY HIGHLY INTELLIGENT
SON BY HIS SECOND WIFE, PRINCE 'ABDUL 'AZIM, CROWN
PRINCE INSTEAD OF BILLAH, WHO IS VERY MODESTLY
ENDOWED IN THE BRAINS DEPARTMENT. WE BELIEVE
TRADITION WILL PREVAIL AND BILLAH EVENTUALLY WILL BE
NAMED, DESPITE THE SULTAN'S GREAT PRIDE IN PRINCE
'ABDUL 'AZIM, WHICH I PERSONALLY OBSERVED.


21. LOOKING MUCH FARTHER DOWN THE ROAD OF
SPECULATION, A SCENARIO WHEREBY PRINCE BILLAH BECAME
THE SULTAN AND PRINCE MOHAMED BECAME PRIME MINISTER
WOULD BE CREDIBLE. BILLAH COULD HANDLE THE
CEREMONIAL DUTIES OF SULTAN, GUIDED BY HIS FATHER
BEHIND THE THRONE, WHILE THE COMPETENT AND RESPECTED
MOHAMED, WHO IS STILL IN HIS FORTIES, RAN THE
GOVERNMENT.


22. COMMENT: AS THE FOREGOING SUGGESTS, THE
SITUATION WITH REGARD TO PENDING CONSTITUTIONAL
REFORMS REMAINS FLUID. THE CANDID OVERVIEW PROVIDED
BY THE ATTORNEY GENERAL MOST LIKELY REPRESENTS THE
CONSENSUS OF THE MODERATES IN THE CABINET. THE
CONFIDENT ASSERTION OF THE ASSISTANT SOLICITOR
GENERAL THAT HUDUD PUNISHMENTS ARE IMMINENT PROBABLY
REFLECTS HIS ACCESS TO THE RECOMMENDATIONS OF THE
MORE RELIGIOUSLY RADICAL ELEMENTS, WHO MOST LIKELY
HAVE PRESSED FOR THIS DEVELOPMENT.


23. GIVEN THE ONGOING SEARCH FOR CONSENSUS, WHAT
ULTIMATELY EMERGES PROBABLY WILL NOT BE AS LIBERAL AS
WHAT THE ATTORNEY GENERAL APPEARS TO EXPECT, NOR IS
THERE LIKELY TO BE MUCH THAT WILL STRENGTHEN THE
POSITION OF RELIGIOUS RADICALS. CHANGES ARE LIKELY
TO BE MODEST AND INCREMENTAL, AND THE SULTAN'S
ULTIMATE POWERS WILL REMAIN INTACT.


24. NONETHELESS, AS THE ATTORNEY GENERAL INDICATED,
THE INTRODUCTION OF SOME KIND OF CONSULTATIVE OR
LEGISLATIVE ASSEMBLY, WITH HOWEVER MODEST POWERS,
COULD AT LEAST PROVIDE A FORUM FOR AIRING ALTERNATE
VIEWS. IT COULD GIVE THE SULTAN NEEDED FEEDBACK FROM
HIS PEOPLE CONCERNING GOVERNMENT POLICIES, WHICH HE
DOES NOT NOW RECEIVE, TO OUR KNOWLEDGE, FROM ANYONE
EXCEPT, WE SUSPECT, HIS BROTHER THE FOREIGN
MINISTER. WHILE WE DO NOT EXPECT THE DOOR TO
DEMOCRACY TO OPEN IN BRUNEI ANYTIME SOON, THE
CONSTITUTIONAL REFORMS FAVORED BY ATTORNEY GENERAL
BAHRIN JUST MLGHT OPEN A WELL-SCREENED WINDOW AN INCH
OR TWO. END COMMENT.


TULL