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Brunei Darussalam - Initial reports of States parties due in 2000 (Antilles): Addendum [2003] UNCRCSPR 5; CRC/C/61/Add.5 (13 March 2003)
UNITED NATIONS
|
|
CRC
|
|
Convention on the Rights of the
Child
|
Distr. GENERAL
CRC/C/61/Add.5 13 March
2003
Original: ENGLISH
|
COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER
ARTICLE 44 OF THE CONVENTION
Initial reports of States parties due in 1998
BRUNEI DARUSSALAM
[20
December 2001]
GE.03-40706
(E) 140503
CONTENTS
Paragraphs Page
List of abbreviations
5
Introduction 1 - 12 6
I. GENERAL MEASURES OF IMPLEMENTATION
13 - 29 8
A. Measures taken in the past two years to harmonize
national
law and policy with the provisions of the Convention 13 -
18 8
B. Strengthening mechanisms for coordinating
policies
relating to children and for monitoring the
implementation
of the Convention 19 - 24 9
C. Measures taken to make the principles
and provisions of
the Convention known to adults and children alike
25 10
D. Measures taken to draw the whole social community
into
participation in the implementation of the Convention
26 10
E. International coordination and cooperation 27 -
29 10
II. DEFINITION OF THE CHILD 30 - 42 11
III. GENERAL
PRINCIPLES 43 - 69 13
A. Non-discrimination 43 -
46 13
B. The best interests of the child 47 - 54 13
C. The
right to survival and development 55 - 62 15
D. Respect for the views
of the child 63 - 69 16
IV. CIVIL RIGHTS AND FREEDOMS 70 -
121 17
A. Name and nationality 70 - 78 17
B. Preservation of
identity 79 - 82 19
C. Freedom of expression 83 -
90 19
D. Access to appropriate information 91 - 105 20
CONTENTS (continued)
Paragraphs Page
E. Freedom of thought,
belief and religion 106 - 109 23
F. Freedom of association and of
peaceful assembly 110 - 111 24
G. Protection of privacy 112 -
116 24
H. The right not to be subjected to torture or other
cruel,
inhuman and degrading treatment or punishment 117 -
121 25
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE 122 -
184 26
A. Parental responsibilities 122 -
126 26
B. Separation from parents 127 - 134 27
C. Family
reunification 135 29
D. Recovery of expenses associated with
children in cases
of divorce 136 - 145 29
E. Children deprived
of a family environment 146 - 152 30
F. Adoption 153 -
164 31
G. Illicit transfer and non-return of children 165 -
168 33
H. Abuse and neglect of children and their physical
and
psychological rehabilitation and social reintegration 169 -
184 34
VI. BASIC HEALTH AND WELFARE 185 - 244 38
A. Survival
and development 185 - 194 38
B. Harmful communicable diseases 195 -
196 40
C. Water and sanitation 197 - 198 40
D. Disabled
children 199 - 207 40
E. Health status and Brunei children 208 -
215 42
F. Nutrition 216 - 217 43
CONTENTS (continued)
Paragraphs Page
G. Health provisions for
disadvantaged children 218 - 229 43
H. Child abuse and neglect 230
- 236 45
I. Budgetary and other provisions 237 -
239 46
J. Paediatric services 240 - 242 46
K. Living
standards 243 - 244 47
VII. EDUCATION, SPORTS, LEISURE AND
CULTURAL
ACTIVITIES . 245 - 284 47
A. Education, including
vocational training 245 - 275 47
B. Leisure, recreation and cultural
activities 276 - 284 53
VIII. SPECIAL PROTECTION 285 -
340 55
A. Children in situations of emergency (refugees) 285 -
288 55
B. Children in armed conflict and social reintegration 289 -
290 55
C. Children in conflict with the law 291 -
318 56
D. Exploited children 319 - 324 60
E. Children
involved in drug and substance abuse 325 - 338 61
F. Children of
aboriginal or other ethnic minority groups 339 -
340 64
IX. CONCLUSIONS 341 - 346 64
Annexes 66
List of abbreviations
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-
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AIDS Clinical Trial Group
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AIDS
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-
|
acquired immunodeficiency syndrome
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ASEAN
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-
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Association of South East Asian Nations
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CRC
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-
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Convention on the Rights of the Child
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DEPD
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-
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Department of Economic and Planning Development
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GDP
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-
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gross domestic product
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GCE
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-
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General Certificate of Education
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HIV
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-
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human immunodeficiency virus
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ICT
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-
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Information Communications Technology
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IRK
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Islamic Religious Knowledge
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JTB
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-
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Jabatan Telekom Brunei (Department of Telecommunications Brunei)
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KACA
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Persatuan Kanak-Kanak Cacat (Association of Disabled Children)
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MIB
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-
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Melayu Islam Beraja (Malay Islamic Monarchy)
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NGO
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-
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non-governmental organization
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N Level
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-
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Normal Level
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O Level
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-
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Ordinary Level
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PCE
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-
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Primary Certificate of Education
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RIPAS Hospital
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-
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Raja Isteri Pengiran Anak Saleha Hospital
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RTB
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-
|
Radio Television Brunei
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SMEs
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-
|
small and medium enterprises
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UNICEF
|
-
|
United Nations Children’s Fund
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WHO
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-
|
World Health Organization
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Introduction
- Brunei Darussalam
is situated on the north-west coast of the island of Borneo. The
country’s land area is 5,765 square kilometres,
with a coastline of about
161 kilometres.
- In
mid-2000 Brunei Darussalam had an estimated population of 338,400,
comprising 179,100 males and 159,300 females. Brunei Darussalam
has a
predominantly young population. The population by age group shows that about
108,965 (32.2 per cent) are below 15 years old,
204,055 (60.3 per cent) are
at the working age group of between 15 and 64 years, while 25,380 (7.5 per cent)
are 55 years and over.
The annual rate of increase in population in 2000
is 2.3 per cent. The population density is 59 persons per square kilometre.
The largest community are the Malays, comprising about 67.8 per cent of the
population and the next largest community are the Chinese
followed by other
races.
- According
to the population census undertaken by the Department of Economic and Planning
Development (DEPD) in 1991, the average life
expectancy is estimated to
be 72.1 years for males and 76.5 years for females. The latest
figures obtained from the Ministry of
Health shows an increasing trend in life
expectancy for both males and females. The life expectancy from 1994-1996 for
males is
75.4 years and females is 77.7 years. The infant mortality rate for
1998 was 6.5 per 1,000 births.
- Brunei Darussalam
is still very much dependent on revenues from crude oil and natural gas to
finance its development programmes.
Aside from this, Brunei Darussalam
also receives income from rents, royalties, corporate tax and dividends. Due to
the non-renewable
nature of oil and gas, economic diversification has been on
Brunei Darussalam’s national development agenda.
- In
the Seventh Development Plan, 1996-2000, the Government allocated
about B$ 7.2 billion for the implementation of various projects
and programmes in seven sectors, namely industry and commerce, transport and
communication, social services, public utilities, public
building, security and
miscellaneous items. Among the seven sectors, the social services sector is
given the highest allocation,
about 27.5 per cent of the total allocation which
is B$ 1,978.3 million. This indicates that the Government put priority on
the
social welfare of the people, including children. Although there is no
specific budget allocation for children, it is mostly incorporated
under
education and medical and health sectors. The social service sector consists of
six subsectors under the following breakdown:
− Education, B$ 407 million (21 per cent);
− Medical and health, B$ 212 million (11 per cent);
− Government housing, B$ 124 million (6 per cent);
− National housing, B$ 918 million (46 per
cent);
− Religious housing, B$ 52 million (3 per cent); and
− Public facilities, B$ 264 million (13 per cent).
- Brunei Darussalam
is the third-largest oil producer in South-East Asia and it
produces 182,000 barrels per day in 1999. It is also
the fourth-largest
producer of liquefied natural gas in the world. Oil and gas accounted for about
35 per cent of the country’s
gross domestic product (GDP) in
1999.
- Human
resources are central to the successful transformation of Brunei Darussalam
into a diversified industrial economy. As in most
developing nations, there is
a shortage of skilled workers in the country. Therefore, greater emphasis is
placed upon education.
The main areas of interest in human resources
development are managerial and industrial skills, with particular emphasis on
entrepreneurial
skills, as well as vocational and technical
training.
- Brunei Darussalam’s
main exports consist of three major commodities - crude oil, petroleum products
and liquefied natural gas
- sold largely to Japan, the United States and ASEAN
countries. The Government’s move to promote non-oil gas activities such
as agriculture, tourism, SMEs, forestry and fisheries has been largely
successful, with figures showing 64 per cent of GDP in 1996
compared to
only 24.3 per cent in 1991. Brunei Darussalam is an independent sovereign
Sultanate which is governed on the basis of
a written constitution. The 1959
Constitution provides for the Sultan as the head of State with full executive
authority. The Sultan is assisted and advised by five councils.
These are the
Religious Council, the Privy Council, the Council of Ministers (the
Cabinet), the Legislative Council and the Council
of
Succession.
- His
Majesty the Sultan and Yang Di-Pertuan is the supreme executive authority
in Brunei Darussalam. His Majesty has held the position
of Prime
Minister since Brunei Darussalam’s resumption of independence in
1984.
- Brunei Darussalam’s
administrative system is centred on the Prime Minister’s Office, which has
provided the thrust behind
His Majesty’s aim to introduce greater
efficiency in the Government. His Majesty has followed a combination of
traditional
and reforming policies, moving away from a structure of a Chief
Minister and State Secretary to a full ministerial system with specified
portfolios. It has become the nation’s formal guiding light and a way of
life for Brunei Darussalam. It has a blend of Malay
language, culture and
customs, the teachings of Islam and Islamic values and the monarchical system,
which must be esteemed and practised
by all.
- Brunei Darussalam’s
political system rests on the twin pillars of the country’s written
Constitution and the tradition of Malay Islamic Monarchy (Melayu Islam Beraja,
or MIB). These two facts dominate both the formal political life
of Brunei and
its government ethos. An additional and underlying feature is the
country’s adherence to the rule of law, a
system based primarily on the
English common-law system and the independence of the
judiciary.
- In
Brunei Darussalam, the system of extended family whereby parents, uncles,
aunts and others live together under one roof is still
widely practised. In
fact, government housing scheme projects are geared towards maintaining the
family system by ensuring that
families are resettled as near to one another as
possible. The Brunei Darussalam extended family system has contributed
significantly
in enhancing these caring values by teaching children to uphold
moral and spiritual values by respecting their parents, elders, rulers
and
leaders as enshrined by the teachings of Islam. This proper upbringing will
help the children to be aware of their own responsibilities
and role in the
society in future. The continuity of this tradition of devotion of a caring
society is part of the traditional and
Islamic values as stipulated in the
Brunei national philosophy of MIB.
I. GENERAL MEASURES OF IMPLEMENTATION
A. Measures taken in the past two years to harmonize national
law and policy with the provisions of the Convention
Legal context
- Brunei Darussalam
acceded to the Convention on the Rights of the Child
on 23 December 1995 with an umbrella reservation on provisions
contrary to the Constitution of Brunei Darussalam and to the beliefs
and principles of Islam as well as specific reservations on articles 14 (freedom
of thought,
conscience and religion), 20 (protection of a child without a
family) and 21 (adoption).
- Existing
legislation is consistent with the principles enshrined in the Convention on the
Rights of the Child. These legislative
provisions will be discussed in detail
in the subsequent parts of the report.
- Prior
to acceding to the Convention on the Rights of the Child, Brunei Darussalam
had started drafting laws to enhance the position
of children in a wide ranging
field of areas. In this regard, Brunei Darussalam has finalized
legislation to protect abused and
neglected children. Among the provisions of
the Children’s Order 2000 are the appointment of a protector of the child
and
the provision of offences of abusing, neglecting, abandoning and exposing a
child. These offences are all punishable with a fine
and a term of imprisonment
which may extend to 10 years. The offence of trafficking in children
is also provided for and sentences
include fine and imprisonment of up to
five years. This order also provides that the best interests of the child shall
always be
the paramount consideration when any question arises with respect to
the welfare of the child.
- In
addition, the Emergency Islamic Family Order 1999, which makes certain
provisions relating to Muslim families and includes matters
pertaining to
maintenance and guardianship or custody of children, was passed in
1999.
- In
the case of non-Muslims, the Emergency (Married Women) Order 1999, makes
provision for the maintenance of children and the Emergency
(Guardianship of
Infants) Order 1999, provides for matters relating to the guardianship of
non-Muslim infants.
- The
Islamic Adoption of the Children’s Order 2001 and Adoption of Children
Order 2001, which both came into force on 26 March
2001, make provision for
the adoption of children in Brunei Darussalam and supplement the existing
Registration of Adoption Act (cap.
123).
B. Strengthening mechanisms for coordinating policies relating
to children
and for monitoring the implementation of the Convention
- The
Social Affairs Services Unit of the Ministry of Culture, Youth and Sports is the
agency which look after the welfare and development
of children. This unit also
act as a focal point for children-related matters such as gathering and
disseminating information.
The Social Affairs Services Unit act as the
secretariat for the implementation of the CRC. By virtue of this function the
Ministry
of Culture, Youth and Sports set up a drafting committee on the CRC
which consists of officials from the following agencies: the
Prime
Minister’s Office; the Ministry of Culture, Youth and Sports; the
Ministry of Education; the Ministry of Health; the
Attorney General’s
Chambers; the Ministry of Religious Affairs; the Ministry of Home Affairs; the
Ministry of Foreign Affairs;
and the Women’s Council (NGO).
- A
working group was also established comprising representatives of the above
agencies and also representatives of the following departments:
the Information
Department; Radio Television Brunei; the Royal Brunei Police Force; the Prisons
Department; the Economic Development
and Planning Department; the Narcotics
Control Bureau; the Labour Department; the Immigrations Department; and the
Islamic Legal
Unit, the Ministry of Religious Affairs.
- The
main function of the abovementioned Committees is to prepare the National Report
of the CRC as well as to monitor the implementation
of the
Convention.
- A
regional consultative meeting on “Convention on the Rights of the Child
(CRC): The Challenge of Implementation” was
held on 4 to 8 November 1996.
The meeting was organized by the Ministry of Culture, Youth and Sports with the
cooperation of UNICEF.
It was attended by participants from ministries,
government departments and NGOs. A special session was also organized at this
meeting attended by schoolchildren, who participated actively in the
discussions. The meeting was officiated by Her Royal Highness
Pengiran Isteri
Hajjah Mariam Binti Haji Abdul Aziz where she delivered her sabda or
royal speech, in which she suggested the relevant authority to establish the
National Children’s Council. The structure
of the National
Children’s Council established on 18 January 2001 as follows:
Figure 1
NATIONAL CHILDREN’S COUNCIL
MONITORING EVALUATION RESEARCH
LEGISLATION REPORTING IMPLEMENTATION/ NGOs
PROGRAMME
- The
terms of reference of the Council are:
(a) Coordinating
children’s activities organized by various bodies and organizations;
and
(b) To ensure the principles of the CRC are taken into consideration
in the formulation of national policies.
- The
members of the Council are made up of representatives of various agencies such
as: the Prime Minister’s Office; the Ministry
of Health, the Ministry of
Education, the Ministry of Home Affairs, the Ministry of Religious Affairs,
the Ministry of Culture, Youth
and Sports and NGOs.
C. Measures taken to make the principles and provisions
of
the Convention known to adults and children alike
- The
Convention has been translated into the Malay language. The text of the
Convention and its definitions are to be disseminated
to various ministries and
various government agencies and the general population
through:
(a) Mobilizing the mass
media;
(b) Integrating the CRC as part of the school curriculum;
and
(c) Educating parents and families towards understanding the CRC
through campaigns, seminars and workshops.
D. Measures taken to draw the whole social community
into
participation in the implementation of the Convention
- Several
programmes have been initiated to include the whole social community in the
country in the implementation of the Convention.
These
include:
− dissemination of the Convention to the villages through village heads;
− concerts, dramas and plays performed by children are planned to be
staged throughout the four districts; and
− dissemination of the Convention to all schools throughout the
country.
E. International coordination and cooperation
- Before
Brunei Darussalam became a party to the CRC, a seminar on the working of
the CRC was organized by the AttorneyGeneral’s
Chambers in late 1995 which
introduced the Convention to various government and nongovernment agencies.
Prior to the signing of
the CRC in 1995 a team of UNICEF officials came to
Brunei Darussalam to provide the information regarding the CRC culminating
in
a consultative meeting mentioned earlier.
- Brunei Darussalam
is working closely with experts from UNICEF in the implementation of the CRC.
Brunei Darussalam jointly organized
the following meeting and
workshop:
− a regional consultative meeting with the cooperation of UNICEF
from 4 to 8 November 1996; and
− a workshop on the CRC was organized by the Social Affairs Services Unit
with the cooperation from UNICEF on 12 to 14 October
1998.
- Besides
organizing meetings and seminars, officials from the AttorneyGeneral’s
Chambers and Social Affairs Services Unit attended
several seminars and meetings
overseas organized by UNICEF such as the Regional Meeting of the National
Coordinating Mechanisms for
the CRC in the East Asia and Pacific Region from 19
to 21 May 1998 in Bangkok, Thailand.
II. DEFINITION OF THE CHILD
- The
main definition of a child under Brunei law can be found in the Interpretation
and General Clauses Act (cap. 4) (see below), which
is in line with the
definition given under the Convention on the Rights of the Child. However,
other acts provide certain age limits
for categories of children under certain
circumstances as stated below.
- Under
the Interpretation and General Clauses Act (cap. 4), an infant or minor means a
person who is under 18 years old. This act
relates to the construction,
interpretation and publication of the law. Hence in the absence of any specific
definition in the national
laws this provision would apply.
- Under
the Children’s Order 2000, “child” is defined as a person
under the age of 18 years.
- Under
the Labour Act (cap. 93) a child is defined as being under 14 years old and a
young person is defined as any person who has
ceased to be a child but who is
under 18 years old. The difference here is that young persons may be employed
in any industrial
undertaking as long as it is not done between 10 p.m. and 7
a.m. The act further makes provisions prohibiting the employment of
children
and young persons less than 18 years in ships or in underground work. Although
at present there are no known cases of child
labour in the country the
provisions regarding the employment of children and young persons within the
definition of the act would
be applicable.
- The
Marriage Act (cap. 76) provides for the solemnization and registration of church
and civil marriages. Under this law, minor is
defined as a person not being a
widow or a widower who is under the age of 18 years. The age for marriage is 14
years old. Where
there is a solemnization of marriage and one of the parties to
the marriage is a minor, consent of the father or the guardian or
the mother of
the minor is necessary. The act provides that it is an offence to solemnize the
marriage of a minor where the requisite
consent is absent. This is an offence
punishable by a term of three years’ imprisonment and a fine. This act
does not apply
to Muslim
marriages, as such marriages are governed
by the Shariah laws. Despite these provisions, according to the Registry of
Marriages the
number of marriages among minors are small and are usually between
people in the rural areas or among the indigenous groups.
- The
Religious Council and Kadi’s Court Act (cap. 77) does not limit the
minimal age for a Muslim to get married and as outlined
by Shariah law such
marriage may be registered under the provisions of section 137 (3) of the
act.
- With
regards to the criminal responsibility of children, the Criminal Procedure Code
(cap. 7) defines a youthful offender as any child
above the age of 7 years and
below the age of 18 years who is convicted of an offence punishable by
a fine and imprisonment. Under
the Penal Code (cap. 22), nothing is
an offence when committed by a child under 7 years of age. Furthermore, nothing
is an offence
when committed by a child who has not attained sufficient maturity
of understanding to judge the nature and consequence of his conduct
and is
above 7 years and below 12 years of age.
- In
practice the decision on whether to prosecute persons under 18 years would
depend on several factors. This would include the seriousness
of the offence,
the disciplinary background of the child concerned, his educational record and,
where applicable, recommendations
from the school authorities and any other
relevant mitigating factors. The issue of children in conflict with the law
would be discussed
in detail in another section of the report.
- The
Unlawful Carnal Knowledge Act (cap. 29) is an act that renders unlawful having
sexual intercourse with a girl under 16 years of
age. Under the Penal Code
(cap. 22), it is an offence to have a sexual relationship with a girl under 14
years, irrespective of
whether she consented or not. Therefore, while a girl
who is between 14 years to 16 years is considered to be capable of giving
sexual
consent it is still an offence to have sexual relations with her. As a result,
anyone can be prosecuted for having sexual
relations with girls under 16 years
old and consent would not be an issue. However, according to the exception
under section 375
of the Penal Code, “Sexual intercourse by a man with his
own wife, the wife not being under 13 years of age is not
rape.”
- On
the participation in administrative and judicial proceeding that could affect
the child, the Brunei High Court (Civil Procedure)
Rules provide that a guardian
ad litem or a next friend could represent a child in such a
proceeding.
- From
the perspective of Shariah, children can be divided into two categories, namely,
children who are not mumaiz and children who are mumaiz but not
baligh. Children who are not mumaiz are children who cannot
differentiate between right from wrong (and the age for this is estimated to be
under the age of 7 years
old). Children who are mumaiz but not baligh
are those who can differentiate between right and wrong (over the age of 7
years) but have not reached puberty. However,
in the context of the right of
the child and his or her property, which include such important aspects as
maintenance, education,
moral upbringing security, etc., children can be defined
as being persons who have “not come of age”, that is persons
who
have not reached the age of 18 years. Section 2 of the Religious Council and
Kadis Courts Act (cap. 77), defines a minor as
“a person who not being a
widow or a widower is under the age of 18 years”.
- Under
the Oaths and Affirmations Act (cap. 3), a person of immature age shall be
admitted to give evidence in court after being cautioned by the court to speak
the truth,
the whole truth, and nothing but the truth. In practice before a
child gives evidence the court would first determine whether he
would understand
the nature of giving evidence under oath and if not then he would be cautioned
to speak the truth. The effect being
that the evidence would be admissible and
it is for the court to determine the weight to be given in relying on the
evidence of such
child witness.
- Under
both the Islamic Adoption of the Children’s Order 2001 (for Muslims) and
the Adoption of Children Order 2001 (for non-Muslims),
“child” is
defined as an unmarried person who has not attained the age of 18
years.
III. GENERAL PRINCIPLES
A. Non-discrimination (Convention art. 2)
Legal context
- There
is no legislation and currently it is felt that it is not necessary to legislate
on this matter.
Implementation
- In
many aspects children are not discriminated against in any services and they
enjoy all the services offered by the Government.
There is no discrimination
between genders in the provision of services.
- In
some services they enjoy more benefits than adults do. For instance,
Brunei Darussalam provides free health care to all Brunei
citizens and
permanent residents and all children below 12 years of age regardless of their
nationality. For medical care not available
in the country, Brunei citizens,
including children, are sent overseas for treatment at the Government’s
expense.
- In
the field of education, one of the aims of the National Education Policy is to
provide all Brunei children with opportunities to
fulfil their needs and
aspirations and to allow them to participate as citizens in the development of
the nation. Brunei Darussalam
provides free schooling to Brunei citizens.
Non-citizens (permanent residents and expatriate workers) may apply for
permission to
send their children to government schools on a fee-paying basis.
The fees payable are very minimal.
B. The best interests of the child (Convention art. 3)
Legal context
- The
Children’s Order 2000 provides for the care and protection of children,
especially of children in vulnerable situations
such as in instances of abuse,
exploitation and neglect. Under this legislation, when any questions arise with
respect to the welfare
of a child in any particular circumstances, the best
interests of the child shall always be the paramount
consideration.
Implementation
- Brunei Darussalam
emphasizes the need to provide for its young citizen. In many aspects such as
education and health services, the
interest of children is well protected. Even
when children are found to be in conflict with the law, the ideal option will be
rehabilitating
the young offenders and making them aware of their social
responsibility, rather than penalizing them.
- The
Social Affairs Services Unit, Ministry of Culture, Youth and Sports, with the
cooperation of the Department of the Medical Services
and the Royal Brunei
Police Force provide protection to children who have been victims of abuse by
providing shelter and care. The
Ministry of Culture, Youth and Sports runs a
Centre specifically for girls and women. The Centre was set up under the Women
and
Girls Protection Act. The Center, called Taman Noor Hidayah, was set
up with the following objectives:
− To provide guidance and training in the form of moral rehabilitation to
girls and women who are engaged in adverse social
activities; and
− To provide shelter to women and children who are victims of
abuse.
- The
police has a special unit which deals with young offenders, women and children
to protect their rights. This unit handles cases
of physical and mental abuse,
injury, neglect, maltreatment, and sexual exploitation and cooperates with the
Social Affairs Services
Unit, Ministry of Culture, Youth and Sports and the
Department of Medical Services of the Ministry of Health.
- In
Brunei Darussalam, there are many government and non-governmental
organizations which tend to the welfare of children. Nationally,
a number of
funds have been created all with the objectives of raising and distributing
funds for children in need: the District
Orphan’s Fund; the Fund for the
Handicapped; the Fund for the Blind; the Crown Prince Fund for Orphans; the
National Welfare
Fund; the National Orphans’ Fund; the Children
Sponsorship Fund; the HIV Fund; the Children’s Medical Fund; and the Eric
Goh Fund.
- Various
NGOs contribute annually to the needy and handicapped children by donating cash,
books, school uniforms and other items as
well as organizing recreational
programmes for them.
- A
number of ministries such as the Ministry of Home Affairs, as well as the
Ministry of Culture, Youth and Sports and the Ministry
of Education, organize
various sports activities and cultural youth development programmes to raise
funds for the children who require
them.
Constraints
- At
present, there are no institutions which cater for the rehabilitation of the boy
child. A proposal to establish a Boys’
Home will be included in the 8th
National Development Plan, which will commence in the year
2001.
C. The right to survival and development
Legal context
- The
inherent right of the child to life is recognized in the penal laws of
Brunei Darussalam where adequate protection is given.
- The
Penal Code (cap. 22), which establishes a code of criminal law covers offences
affecting life. The Code provides for offences
of causing miscarriage and
injuries to an unborn child, exposure of infants and concealment of birth
(sects. 312 to 318). The offence
of causing miscarriage covers the situation
where a woman causes her own miscarriage. For this offence, the term of
imprisonment
may extend to three years and a fine or, if the women are later in
pregnancy, the term of imprisonment extends to seven years and
a fine (sect.
312). Where the miscarriage is caused with the consent of the woman, the
imprisonment may extend to 10 years and a
fine (sect. 313).
- Section
315 provides for the offence where an act is done to prevent a child from being
born alive or to cause it to die after birth.
The term of imprisonment for this
offence can extend to 10 years and a fine. The act must not be caused in good
faith for the purpose
of saving the life of the mother.
- When
the act, which is done to cause the death of an unborn child, is one amounting
to culpable homicide, the offence is punishable
with imprisonment that may
extend to 10 years and a fine (sect. 316).
- Section
317 provides for the offence of exposure or abandonment of a child
under 12 years by the parent or person having care of it.
This
offence carries a term of imprisonment, which may extend to seven years and/or a
fine. Should the child die in consequence
of the exposure, the offender is also
liable for murder or culpable homicide.
- The
offence of concealment of birth of a child by secret disposal of the dead body
whether such a child died before or after or during
its birth is punishable with
a term of imprisonment that may extend to two years and/or a fine (sect.
318).
Implementation
- The
police and other relevant agencies take a serious view on the commission of
offences that affect the right of children to life
and survival. The offenders
are strictly penalized.
- Although
there is no specific provision to state the right of a child to basic
necessities such as health, shelter, education, food
and water, there is
assistance provided by the various government and non-governmental agencies
through a number of services in the
areas of health, education and welfare.
Brunei has health programmes such as provision of necessary vitamin supplement,
milk to
expectant mothers, compulsory immunization against diseases, school
visits and home visits for the newly born. The Ministry of Education
has a
number of schemes that assist children, such as free education, school-feeding
scheme, transportation and education allowances
which have been in place for a
long time. Women’s organizations also contribute to children’s
education by giving free
books and school uniforms to needy children. Children
who are found abandoned are given medical care and are looked after by the
Ministry of Health, while the Social Affairs Services Unit assists in processing
the adoption of the child.
D. Respects for the views of the child
Legal context
- As
mentioned under chapter II, Definition of the child, the Oaths and Affirmations
Act (cap. 3) provides that a person of immature age shall be admitted to
give evidence in court after being cautioned by the court to
speak the truth,
the whole truth and nothing but the truth. In practice, before a child gives
evidence, the court would first determine
whether he or she would understand the
nature of giving evidence under oath and if so then he would be cautioned to
speak the truth.
The effect would be that the evidence would be admissible and
the court would then determine the weight to be given in relying on
the evidence
of such child.
- Section
93 (1) (b) of the Emergency (Islamic Family Law) Order 1999, provides that in
deciding whose custody a child should be placed,
the court shall have regard to
the wishes of the child, where he or she is able to express his or her own
opinion.
Implementation
- Several
activities, which encourage the expression of children’s views in public,
are organized both at school, national and
international
level.
- Section
133A of the Evidence Act (cap. 108) gives provision for the evidence of
children. Under this section, where a child is called as a witness and does
not,
in the opinion of the court, understand the nature of an oath, his/her
evidence may be received, although it is not given on oath.
However, the court
would need to be of the opinion that the child is possessed of sufficient
intelligence to justify the reception
of the evidence and understands the duty
of speaking the truth. Under these circumstances, any evidence given by the
child will
require other corroborating evidence, before an accused can be
convicted of an offence.
- Radio
Television Brunei has a number of programmes which provide children with
opportunities to express themselves and exchange ideas.
The annual debating
competition in both the English and the Malay languages are examples of such
programmes. Speech competitions
for primary schools are also organized by
schools as their annual activities.
- Some
schools and colleges set up student councils, which are run by students and led
by a student leader. The leader acts as a representative
of the students in the
college and plays an important role in forwarding matters pertaining to
students’ welfare.
- In
Islam, children have the right to voice their opinion and could participate in a
decision involving him or her:
− Children who have attained the stage of mumaiz may choose whom
they want to be with, in the case of parents who are divorced;
and
− In the case of a situation where parents are in contradiction with
Islamic views and ideology, children have the right to
advise their parents.
IV. CIVIL RIGHTS AND FREEDOMS
A. Name and nationality
Legal context
- The
Births and Deaths Registration Act (cap. 79) provides for the legal duty to
register births and deaths by the father and mother of the child. A birth
must be registered
within 14 days. When a child’s name cannot
be settled within the timeframe, then the registration must not be later than
two
months after birth. A death must be registered
within 12 hours.
- The
Brunei Nationality Act (cap. 15) provides for the status of a subject of His
Majesty the Sultan and Yang Di-Pertuan, including
categories of persons who are
subjects of His Majesty by operation of the law and categories of persons who
are subjects of His Majesty
by registration and
naturalization.
- The
categories of persons who are considered as subjects of His Majesty the Sultan
by operation of the law are persons who were on
or after the appointed
date:
(a) Any person born in Brunei and is commonly accepted as belonging to one of
the accepted indigenous groups of the Malay race namely,
Belait, Bisayah,
Brunei, Dusun, Kedayan, Murut or Tutong;
(b) Any person born in Brunei, whose father and mother were both born in Brunei
and are members of groups of people considered to
be indigenous to Brunei only
as mentioned in the First Schedule of the Act;
(c) Any person born outside Brunei whose father is a person commonly accepted
as belonging to one of the indigenous groups of the
Malay race, namely, Belait,
Bisayah, Brunei, Dusun, Kedayan, Murut or Tutong. Or whose father and mother
were both born in Brunei
and were members of the groups of people considered to
be indigenous to Brunei as mentioned in the First Schedule of the Act;
(d) Any person who is born in Brunei on or after the appointed day whose father
was at the time of the birth of such person, a subject
of His Majesty; and
(e) Any person born outside Brunei whose father at the time of the birth of
such person was a subject of His Majesty by registration
under section 5, if the
birth was registered at a Brunei Consulate or in Brunei within six months of its
occurrence, or such longer
period as His Majesty may in any particular case
allow.
- The
Brunei Nationality Act also provides that His Majesty may cause the minor child
of any subject of His Majesty to be registered
as a subject of His Majesty
upon application made in the prescribed manner by a parent or guardian of
the child or His Majesty may,
in special circumstances as he thinks fit, cause
any minor to be registered as a subject of
His Majesty.
- The
Registrar of Births of the Department of Immigration and National Registration
has 25 registration area codes which cover all
the districts and remote
areas in Brunei Darussalam. The Flying Doctors Team also assists in this
process by registering births
that occur in remote, outlying areas which are not
easily accessible.
Implementation
- When
a child is born, he or she must be registered at the Registration of Births,
Deaths and Adoptions section of the Department of
Immigration and National
Registration.
- Any
child born outside Brunei Darussalam, whose father is a subject of His
Majesty, is required to be registered to the relevant authority
in the country
where the child is born. The father or guardian must also report the birth to
the nearest Brunei Darussalam mission
in order to lay claim to the
child’s Brunei citizenship status.
- Similarly,
any child born in Brunei Darussalam of foreign parentage is required to
have his or her birth registered with the Brunei
Registrar of Births as well as
his or her national Embassy so that he/she can claim citizenship of their
respective countries in
accordance with their respective nationality
legislation. Since 1923, every birth in Brunei Darussalam has had to be
registered.
Constraints
- It
is possible for births not to be registered, for example, in cases of
abandoned/foundling children where such children are not
brought to the
attention of the authorities and the person who has found/raised such children
has not taken steps to report the existence
of the child. In such cases there
would be no birth certificate and the child will have difficulties in applying
for identification
documents later in life.
B. Preservation of identity
Legal context
- As
well as having records of birth under the Births and Deaths Registration Act,
the National Registration Act (cap. 19) provides for the registration of persons
in Brunei Darussalam for the purposes of issuing identity cards. These
cards
include details such as name (and any other known names) race and his
status on citizenship. Children under the age of 12 years
are exempted from
registering.
- Under
the Passport Regulations made in accordance with the Passports Act (cap. 146),
applications can be made for a Brunei passport or International Certificate
of
Identity or General Certificate of Identity or Emergency Certificate for travel
purposes.
Implementation
- When
a child reaches the age of 12 years, he/she is required under the law to possess
an identity card which is issued subject to
his/her status,
namely:
(a) Yellow identity cards for citizens;
(b) Purple identity cards for permanent residents; and
(c) Green identity cards for temporary residents (e.g. under employment
permits) who have entered Brunei lawfully and have immigration
passes to stay
for more than three months (this shall include children of 12 years and above,
i.e. children whose parents are green
identity card holders).
- International
certificates of identity are issued to permanent residents of
Brunei Darussalam, people who reside in
Brunei Darussalam.
C. Freedom of expression
Legal context
- There
is no specific legal provision that provides for freedom of
expression.
However, sections 48 (1) (b) (iii) of the Religious Council and
Kadi’s Court Act (cap. 77) provided for civil jurisdiction
concerning
custody of a child. When parents are divorced, the child’s wishes as to
the parent he or she wishes to stay with
are granted provided that the child is
of mumaiz or “can express his own opinion”.
Implementation
- Tradition
and culture still play an important role in the upbringing of children in
Brunei Darussalam, and respect for elders is still
practised. As a result
children are restricted in how they express themselves in their views, and when
they do, this has been usually
predetermined by their parents. However,
a number of children’s activities such as story-telling competitions and
workshops
have been designed to encourage children to be more open and give them
an outlet for expressing themselves.
- In
the Religious Council Act and Kadi’s Court Act there is no elaboration
with regard to persons who have right of custody of
a child or hadanah
and the administration of property or wealth of a minor child, but the act only
provides the extent of jurisdiction of Kadi’s
Court in civil cases
relating to custody of a child under sections 48 (1) (iii) and
(1) (A). However the court shall in such proceeding
decide according to
hukum syara’ which also gives a child his/her right to choose with
whom he/she wishes to stay provided that he/she is mumaiz or who can
express his own opinion.
- Children
are also encouraged to give advice to their parents concerning matters where
religion, culture and national laws contradict
each other.
- Children
in Brunei Darussalam are also encouraged to join societies and clubs in
schools. Among the favourite such organizations
are the Red Crescent Society,
Scouts, Girl Guides, Army Cadets and Police Cadets.
- Local
newspapers such as the Borneo Bulletin and the News Express have
letters columns in which the members of the public often air their views on
various matters. Often children write in and have
their letters printed in
these columns.
- The
Brunei Telecom Department (Jabatan Telekom Brunei, or JTB), through its Internet
service provider, “Brunet”, provides
access for Bruneians to the
World Wide Web. The minimum age to registering a Brunet account is 6 years old
with parental consent
to guarantee payment.
Constraints
- Although
Internet services are available in Brunei Darussalam, there are as yet no
cyber laws in place although a national body is
being set up in order to look
into this matter. Further, JTB does not regulate access to the various sites on
the Internet, so it
is left up to parents/guardians to supervise the kind of
information which is being accessed.
D. Access to appropriate information
Legal context
- The
Censorship of Films and Public Entertainment Act (cap. 69) provides for the
censorship of films and other public entertainment.
The act provides for the
offence to publish or exhibit any film without due authorization punishable for
a term of imprisonment
extending to 12 months and liable to a
fine.
- The
Undesirable Publications Act (cap. 25) prevents the importation, distribution or
reproduction of undesirable publications, which
are contrary to public interest.
The penalty for importing, publishing, selling or offering for sale, the
distribution or reproduction
of any prohibited articles is a term of
imprisonment extending to four years’ imprisonment.
- The
Broadcasting (Code of Practice) Notification of 1998 issued under section 9 of
the Emergency (Broadcasting) Order of 1997 applies
to all TV and radio
programmes, including all free-to-air broadcasting
services.
- This
Code provides that all television programmes should be given proper and suitable
warning indicators as follows:
(a) U - Suitable for the viewing of all age groups;
(b) 12 - Only suitable for viewing by children of ages 12 and above;
(c) PG - Only suitable for children viewing with parents; or for children
viewing with parental guidance;
(d) 18 - Only suitable for viewers age 18 and above, and adults.
- The
First Schedule (Broadcasting Services Programmes Code) provided a list of
standards to be observed in relation to children’s
programmes as
follows:
− Children’s programmes should not contain violent, horrific or
sexual scenes;
− Children’s programmes should portray the Malay Muslim Monarchy
philosophy and values and inculcate and promote respect
for: law and order;
parents and elders; and each other as well as their property in communal living;
and honourable characteristics.
Programmes should contain positive values with
clear distinction between good and bad values and should highlight good moral
values.
- Programmes
broadcast should not contain scenes depicting:
(a) The
consumption of alcohol, cigarette smoking, misuse of drugs or promoting the
consumption of alcohol, smoking or misuse of
drugs (other than being broadcast
with the objective of giving an educational point towards its negative effects);
or
(b) Brand or trade names relating to alcohol or prohibited
drugs.
- Programmes
containing scenes depicting brand or trade names relating to cigarettes should
initially be approved by the Minister responsible
for broadcasting matters.
Programmes featuring excessive violence towards other humans, animals, including
animation/cartoons of
humans and animals and property should be avoided.
Programmes meant for children should never end in a way that could disturb or
has negative effects on their emotions.
- The
Second Schedule (Code of Practice for Advertising) of the notification also
contains a section entitled “Children and Advertising”,
which gives
guidelines on the contents of advertisements related to children, and includes
the following:
(a) Advertisements should not introduce values
infringing the concept of respect between children and adults (e.g.
disrespectful
or disobedient to adults);
(b) Advertisements primarily
targeted at children, or placed in programmes likely to be seen by children
should not contain visuals
or words, which may result in physical, emotional or
moral harm;
(c) Advertisements featuring children should be carefully
considered from the point of view of safety and should not show them doing
acts
which might endanger themselves or others; and
(d) Advertisements
targeted at children or which feature children should not portray negative,
undesirable, indecent or inappropriate
practices or values.
Implementation
- Children
in Brunei Darussalam have access to information through the various forms
of mass media. These include the print media,
radio, television and the
Internet.
- Apart
from libraries at schools, the Language and Literature Bureau, a department
under the Ministry of Culture, Youth and Sports,
provides children with access
to reading materials through the library situated in the heart of Bandar Seri
Begawan, and the district
libraries, which have a Young People’s Library
for those aged between 12 and 20 years old and a children’s library for
those aged below 12. They have reading clubs for various age groups to
encourage children to come to the library and make use of
the facilities
available and meet other children who have similar interests. The bureau also
holds reading competitions every three
months for different age groups. The
libraries are well attended, especially on weekends when the children are
usually brought by
their parents. The bureau also organizes many other cultural
and educational activities, such as games and field trips, so that
children can
obtain information while contributing their thoughts for the benefit of others.
A mobile library service which brings
the library to children who live in the
outlying rural and town areas is also provided. This mobile library service
will stop at
various designated areas twice a week. At each stop, the mobile
library will serve for an hour where a child can have access to
the books.
Books from the mobile library may be borrowed and returned when the mobile
service makes its scheduled stop the next
fortnight.
- Locally
published children’s magazines such as Mekar
(“Blossom”) and Juara (“Champion”) cater to
children as young as 5 years old.
- The
Language and Literature Bureau also organizes reading campaigns through its
Mobile Story-Telling Workshop and Reading Culture
Movement, which aim at
enhancing the children’s reading capacity. National book fairs are also
organized from time to time.
- Brunei Darussalam
has one local government-produced television channel but also receives three
television channels from Malaysia.
Bruneians also have the option to subscribe
to satellite television programmes from a local company, Kristal and a Malaysia
company,
Astro. In addition, there are a number of radio channels in
Brunei Darussalam which broadcast programmes in Malay, English, Mandarin
and Ghurkali.
- Radio
Television Brunei (RTB) goes on air from 6 a.m. to 12 midnight.
Children’s programmes make up 12.6 per cent of the day’s
programming
(locally produced children’s programmes, plus 3.17 per cent foreign
children’s programmes totals 9.5 per
cent). Locally produced
programmes tend to be education-based. All of the foreign programmes are
censored by the RTB Censor Board
Committee and locally produced programmes are
kept in line with the Malay Islamic Monarchy philosophy. As already mentioned,
Internet
access is readily available in Brunei Darussalam, with children as
young as 6 years old able to have their own Brunet accounts with
parental
consent.
Constraints
- As
previously mentioned, JTB does not regulate access to the various sites on the
Internet, so it is left up to parent/guardians to
supervise the kind of
information which is being accessed.
E. Freedom of thought, belief and religion
Legal context
- Under
the Constitution, the official religion of Brunei Darussalam is Islam,
which is practised in accordance with the Shafeite sect of that religion.
However, the Constitution further provides that all religions may be practised
in peace and harmony by the person professing them.
- Section
166 of the Religious Council and Kadi’s Court provides that no
person under the age of 14 years, 7 months, shall be registered as a convert to
the Islamic religion. Section 167
further provides if a person is under the age
of 14 years, 7 months, applies to convert to Islam, the Kadi shall cause
him to be
returned to his lawful guardian and he shall be deemed not to have
converted to the Islamic religion. However this shall not affect
the right of a
child to convert if he/she is above the age.
Implementation
- Even
though Brunei Darussalam has made a reservation to article 14 of the
Convention on the Rights of the Child concerning freedom
of thought, conscience
and religion, a numbers of religions apart from Islam are practised freely in
Brunei Darussalam.
- A
child above the age of 14 years, 7 months, may be registered as a convert to the
Islamic religion without requiring their parent’s
consent. A child below
this age cannot convert, registration will be refused and the child will be
surrendered to their parents.
However if a
parent or both parents
convert to Islam, their child/children below the age of 14 years, 7 months,
shall automatically become Muslim.
Their child/children above that age have the
right to choose whether to convert or not.
F. Freedom of association and of peaceful assembly
Legal context
- The
Penal Code (cap. 22) sets out the offence of unlawful assembly, where the common
object of the persons composing that assembly
is:
− To overawe by criminal force, or show of criminal force, the Government
of Brunei or any public servant in the exercise of
the lawful power of such
public servant;
− To resist the execution of any law or of any legal process;
− To commit any mischief or criminal trespass or other offence;
− By means of criminal force, or show of criminal force to any person, to
take or obtain possession of any property, or to
deprive any person of the right
of way, or use of water or other incorporeal right of which he is in possession
or enjoyment, or
to enforce any right or supposed right; or
− By means of criminal force, or show of criminal force, to compel any
person to do what he is not legally bound to do, or
to omit to do what he is
legally entitled to do.
Implementation
- As
well as various societies and clubs in schools, a number of organizations and
societies are open for membership to children in
Brunei Darussalam; these
include such organizations as the Scouts and Girl Guides Movement, the Red
Crescent Society and many others.
G. Protection of privacy
Legal context
- Under
the Women and Girls Protection Act (cap. 120), where a girl is involved in
unlawful sexual activity, which would include rape
or outraging a girl’s
modesty, her testimony would be dealt with in camera, i.e. behind closed doors.
Her identity would also
be protected.
- The
Criminal Procedure Code (cap. 7) provides that a child witness
under the age of 14 years at the time when the alleged offence
occurred may give evidence via a live television link with
leave of the court.
This is limited to cases which involves assault or injury or any sexual offence
as provided for under the law.
The effect of this procedure is that the
evidence shall be treated as if it were made in direct oral evidence and
admissible evidence
of any fact, which such evidence from the witness would be
admissible.
- The
Post Office Act (cap. 52) provides that it is an offence to wilfully and
maliciously open a letter, which ought to be delivered
or do an act whereby the
due delivery of a letter to any person, is prevented or impeded. This provision
however does not apply
to persons who are parents or guardian or a minor
addressee.
- Section
41 of the Children’s Order 2000 restricts the publishing of any
information which could lead to the identification of
the identity of any child
concerned in any court proceedings, regardless of whether such child is the
accused, a victim or a witness.
Any person who contravenes this section faces a
penalty of imprisonment of up to two years or a fine up to $5,000 or
both.
Implementation
- Giving
evidence via a live television link, as mentioned above, only was introduced
in 1995 and thus far has been used on two occasions.
This provision has
been useful for child witnesses who would have difficulties in giving evidence
in front of the alleged offender,
which in some cases could be somebody they
know very well or are closely acquainted with.
H. The right not to be subjected to torture or other cruel,
inhuman and degrading treatment or punishment
Legal context
- The
Penal Code (cap. 22) specifically sets out offences against the person
ranging from causing hurt and grievous hurt to causing death. The punishments
are
severe and may extend to 15 years’ imprisonment with whipping,
depending on the gravity of the offence. The provisions of
this Code are
general in application and are often relied on when prosecuting persons accused
of hurting or torturing a child.
Implementation
- Criminal
offences against children, as in most countries, are serious offences in
Brunei Darussalam. The Criminal Investigation Department
of the Royal
Brunei Police Force established the Domestic Violence and Child Abuse Unit on
1 April 1997 to enhance the protection
provided to children. It stems
from the recognition that women and children, being physically disadvantaged
and/or mentally immature,
need special safeguards and care. One of the main
functions of this unit is the protection of children against all forms of
physical
and mental violence, injury or abuse, neglect, maltreatment, sexual
abuse and exploitation. In 1999, this unit was incorporated
under the Anti-Vice
Unit, which also deals with offences connected to prostitution and gambling.
However, special attention and
priority is still given to domestic violence and
child abuse cases.
- The
unit works hand in hand with the Medical Social Worker and officials from the
Social Affairs Services Unit (under the Ministry
of Culture, Youth and Sports).
Reports of suspected abuse are normally made directly to the nearest police
station as an alternative
to the Medical Social Worker. The involvement of the
police would be to deal with the investigations and eventual prosecution of
an
alleged offender while the Medical Social Worker and the Social Affairs Services
Unit provides services such as counselling and
shelter for the children and in
some cases their families. The Domestic Violence and Child Abuse Unit of the
Royal Brunei Police
Force is a member of the Child Protection Team, which was
established by the Ministry of Health. The Child Protection Team of the
Ministry of Health is responsible for any reported cases of physical abuse or
non-accidental injury to children. The Domestic Violence
and Child Abuse Unit
also holds lectures on crime prevention specifically offences against children,
which are highlighted to the
public through meetings with schools, colleges and
neighbourhood watch associations. These lectures aim at educating the public
on
the proper action to be taken when dealing with offences against
children.
Constraints
- There
is reluctance by victims of child abuse and the people close to them (invariably
family members and neighbours) to report the
matter as and when they occur and,
probably, many cases may not be reported. A number of avenues do exist for
reporting purposes
apart from the police, such as through the hospitals, the
Social Services Unit and schools. More often than not official complaints
to
the police regarding child abuse are made by the agencies mentioned above rather
than the victims themselves or their families.
Therefore, it is yet another
responsibility/burden on all these agencies to be more vigilant in watching out
for signs of abuse
and to undertake the necessary actions and
investigations.
- Despite
the teacher’s guidelines, there are cases whereby teachers do mistreat
students. However, these incidents are rare.
If such cases do occur, parents
are at liberty to report the matter to the police. The Ministry of Education
will then investigate
the matter and take appropriate action depending on the
severity of the cases.
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
A. Parental responsibilities
Legal context
- Under
section 317 of the Penal Code (cap. 22), if the parents of a child under the age
of 12 years abandoned such a child, they shall
be punished with
imprisonment for a term which may extend to seven years or with fine or with
both.
- For
non-Muslims, section 4 (1) of the Emergency (Married Women) Order 1999, provides
that “upon the solemnization of marriage,
the husband and the wife shall
be mutually bound to cooperate with each other in safeguarding the interests of
the union and in caring
and providing for the children”.
Implementation
- Before
a Muslim couple marry, they have to forward their application to the Ministry of
Religious Affairs to attend a premarital course.
The course applies to every
couple irrespective of age and should be forwarded 45 days before the date of
marriage. The Ministry
of Religious
Affairs conducts pre-marriage
courses for would be married couples to inculcate the importance of marriage and
to guide couples to
become good husbands and wives and eventually to become
responsible parents.
- Non-Muslims,
through their church and community leaders, are also given premarital talks and
guidance to equip them to become responsible
parents.
- Lectures
and seminars on the topics of parenting skills are provided from time to time by
the Ministry of Religious Affairs, Social
Affairs Services Unit and
nongovernmental organizations.
B. Separation from parents (Convention art. 9)
Legal context
- In
the case of non-Muslims, custody of children is usually given to the mother of
the child, the other parent being granted visiting
rights. Legislation on the
custody of non-Muslim children is provided in the Emergency (Guardianship of
Infants) Order 1999.
- For
Muslims, custody of children or hadanah in the case of dissolution of
marriage, will be governed by the Emergency (Islamic Family Law) Order 1999.
This legislation is a
codification of the current practice which is set out as
follows: with regard to a Muslim child, the Kadi’s Court shall decide
according to Hukum Syara’ as to who is entitled to custody of a
child. Certain conditions are imposed and must be
satisfied:
(a) He is a Muslim;
(b) He is of sound
mind;
(c) He does not suffer from any long-term disease which prevents
him from looking after the child himself or is suffering from diseases
such as
leprosy, bitiligo or acquired immunodeficiency syndrome (AIDS) or is a carrier
of the HIV virus or venereal diseases in a
communicable
form;
(d) He is of an age that qualifies him to give the child care,
love and affection that the child may need;
(e) He is of good conduct in
terms of Islamic morality; and
(f) He lives in a place where the child
will not face any moral or physical risks.
- However,
priority is given to the mother, who is regarded as the most eligible person to
be given custody of her child who is not
mumaiz either during the
continuance of the marriage or after divorce. If the mother remarries a man who
is not related to the child thereby
prohibiting him from marrying the child, she
shall lose her right to custody but the right shall revive on the dissolution of
her
subsequent marriage.
- In
either case, if the mother loses her right to custody, the right of custody will
go to her immediate family according to order
or priority:
(a)
The maternal grandmother and ascendants;
(b) The paternal grandmother
and ascendants;
(c) The sister of same parents;
(d) The sister
of same father;
(e) The sister of same mother;
(f) The maternal
aunt of same parents;
(g) The maternal aunt of same
father;
(h) The maternal aunt of same mother;
(i) The daughter
of the sister;
(j) The daughter of the brother;
(k) The paternal
aunt; or
(l) The aunt of the father (the sister of the child’s
grandfather).
Implementation
- If,
due to unfortunate circumstances, the child is not able to live with both
parents not so much as due to the above legal factors,
such as in the case of
missing or deceased parent or parents, the Social Affairs Services Unit will
provide care for the child either
at its welfare home or under its family
fostering scheme. However, it must be noted that the care of the child is best
under the
supervision of parents or its immediate family. The involvement of
the Social Affairs Services Unit is seen only as the last resort
after all
choices have failed.
- Young
children and nursing babies, whose parents are imprisoned are allowed by the
Prison Department to be with their mother. Children
are also allowed to visit
their parents while in prison.
- If
the child needs to be separated from its parents due to neglect, maltreatment
and abuse by both parents, the child will be placed
in the custody of the State,
i.e. the Social Affairs Services Unit by order of courts. However it is
considered that the family
is the most rightful guardian for the
child.
- In
1995, the Welfare Homes of Social Affairs Services Unit sheltered four orphan
children and took four orphans in 1996. They were
later placed under the care
of immediate family members.
C. Family reunification (Convention art. 10)
- There
is no legislation on the protection of refugees but if a child refugee is
discovered, the Government will arrange to return
the child to its rightful
parents on humanitarian grounds.
D. Recovery of expense associated with children
in cases of
divorce (Convention art. 27)
Legal context
- Chapter
III of the Emergency (Married Women) Order 1999 governs claims for maintenance
for wives and children for non-Muslims. The
relevant sections are sections 19
to 29. Section 19 (2) provides that “if a person neglects or refuse to
maintain his legitimate
or illegitimate child a Court of a Magistrate may, upon
due proof thereof, order that person to make a monthly allowance or a lump
sum
for the maintenance of the child”.
- This
legislation also makes it a duty for a person who has accepted a child who is
not his child as a member of the family, to maintain
the child while he is a
child. Further, any sums expended by a person maintaining the child shall be
recoverable as a debt from
the father or mother of the child.
- In
practice, the Magistrate, having recorded the complaint of the wife or the
child, shall issue a notice of hearing upon the person
and have the case set
down for hearing where the Magistrate shall hear evidence from the parties to
determine whether there is sufficient
evidence to support the charge. Upon
finding such proof, the Magistrate usually proceed with an examination of the
means of the
person in order to determine the amount that should be paid and
make an order to that effect.
- Under
section 336, “If any person so ordered fails without sufficient cause to
comply with any such order, the magistrate may
for every breach of the order by
warrant direct the amount due to be levied in the manner by law provided for
levying fines imposed
by magistrates, or may sentence him to imprisonment of
either description for one month for each month’s allowance remaining
unpaid.”
- In
cases where there has been a default in payment, a warrant of arrest is usually
issued in order that the person can be brought
to the court and given an
opportunity to explain his failure to comply with a court order. A further
examination of the means is
usually conducted whereby the Magistrate has the
option to vary the existing order or make further orders in regard to the amount
where he has defaulted.
- Maintenance
provisions for Muslims is currently governed by part VII of the Religious
Council and Kadi’s Court Act, (cap. 77), which only applies to
claims made by a Muslim against a Muslim.
- Section
159 (1) states that a minor may, by application in the court of a Kadi, be made
either personally or through a representative,
as provided in section 83, obtain
an order against his lawful father or any other person liable in accordance with
Muslim law to
support him for the payment from time to time of any such sums in
respect of his maintenance as he may be entitled to in accordance
with Muslim
law.
- Further,
section 161 provides that “If any person neglects or refuses to maintain
an illegitimate child who is unable to maintain
himself, the Court of a Kadi,
upon the proof thereof, may order such person to make monthly allowance as to
the Court seems reasonable.”
- Provided
that, if the claim be made against the putative father, it shall be brought in
the Magistrate’s Court, which may order
him to make such monthly allowance
not exceeding B$ 500 as the court seems reasonable.
- The
practice for the enforcement of the Kadi Courts order is the same as that
mentioned above. However, the Magistrate Court’s
power is restricted only
to enforcement and the Magistrate does not have the power to vary the original
Kadi order and parties are
advised to refer the matter back to the Kadi if any
variation is sought.
E. Children deprived of a family environment (Convention art.
20)
Legal context
- The
Religious Council and Kadis Court Act (cap. 77) governs matters regarding the
custody of Muslim children. The Court of the Chief
Kadi has jurisdiction to
hear and determine all actions and proceedings related to the custody of
children.
- Alternatively,
for non-Muslim children custody-related matters are governed by the Emergency
(Guardianship of Infants) Order 1999.
Implementation
- In
Brunei Darussalam the extended family system and the inculcation of a
caring society, plus the caring of its people, has made life
for children a more
enjoyable environment, as families are always there to care for them. The 2,000
orphans (children without fathers
below the age of 18 years) registered with the
Social Affairs Services Unit are all being taken care of their by their
respective
immediate families. There is no orphanage in
Brunei Darussalam.
- The
Social Affairs Services Unit provides financial help to those orphans below the
age of 18 years. The caring attitude of Brunei
society has eased the financial
burden of orphan children. Besides financial assistance by the Government,
other agencies or bodies
help out with
the financial difficulties
met by orphans. Agencies such as the Baitul mal of the Islamic Religious
Council and the Sultan Haji Hassanal Bolkiah Foundation has its special
financial aid scheme to help the
orphans. Besides that, the Social Affairs
Services Unit also has funds donated from the public for the same purpose.
Funds of this
similar purpose are established at district level in all the four
districts.
- The
NGOs also, through their various fundraising activities, give donations for the
orphans and the needy especially during the fasting
month and festive
seasons.
- Should
other avenues fail, the Social Affairs Services Unit is always available to
provide the safety net, depending on the circumstances
of the child. It can be
easily summed up that children are never in lack of help and there are always
families willing to help children
in need of a family
environment.
- A
Welfare Home named “Taman Noor Hidayah”, under the management of
Social Affairs Services Unit, provides alternative
care and shelter for the
abused and neglected children on temporary basis. It also provides
rehabilitation for delinquent children,
especially female children. At the
centre, the children are provided with skills training, discipline training,
religious knowledge
and counselling services. During daytime they attend
ordinary schools or vocational schools. Rehabilitated children are returned
to
families once they are identified as being ready to leave the
centre.
F. Adoption (Convention art. 21)
Legal context
- Adoption
of children in Brunei Darussalam is governed by the Islamic Adoption of
Children Order 2001 (for Muslims) and the Adoption
of Children Order 2001 (for
non-Muslims). Adoptions are registered under the Registration of Adoption Act
(cap. 123) by registrars
of adoption in a register.
- The
Islamic Adoption of Children Order 2001 applies where at least one of the
parties involved in the adoption application professes
the Islamic religion.
Adoption orders are authorized by a Syar’ie Judge in the Shariah Courts.
Before making an adoption
order, the Syar’ie would need to be satisfied
that the order is for the maslahah (best interests) of the child, taking
into consideration the wishes of the parents, if any, or the guardian or the
person who is
responsible for the maintenance of the child as well as the wishes
of the child, if he is in the age capable of expressing his own
opinion. An
adoption order shall not be made where a nonMuslim applies for the adoption of a
child if one or both parents of the
child is a Muslim or both parents of the
child are not known. An adoption order shall only be made with the consent of
the parents,
if any, or the guardian or the person who is responsible for the
maintenance of the child. However, the Syar’ie Judge may
dispense with
such consent if the person whose consent is to be dispensed with has abandoned,
neglected or persistently ill-treated
the child, has persistently neglected or
refused to provide maintenance or is unfit to take care of the child by reason
of physical
or mental incapacity and most likely the unfitness would continue
for an indefinite period.
- However,
an adoption order shall not be made where the applicant is a male and the child
in respect of whom the application is made
is female or vice versa, unless the
applicants and the child have connections by nasab (descent based on
lawful blood relationship) under which they are haram to marry. A
non-Muslim child who is adopted by a Muslim shall be considered a Muslim. An
adoption order shall not prejudice the
beneficiary rights of the child from his
natural parents. However, the adopter may, during his lifetime, transfer his
immovable
property to the adopted child and may grant his movable property as a
gift and grant his property by a will of not more than one
third of his whole
property.
- The
Adoption of Children Order 2001 does not apply to any person who professes the
Islamic religion. Adoption orders are made by
the High Court of
Brunei Darussalam. Adoption orders shall not be made where the sole
applicant is a male and the child in respect
of whom that application is made is
a female, unless the court is satisfied that there are special circumstance
which justify the
making of the order. Similarly to the Islamic Adoption of
Children Order 2001, consent shall be required from the relevant persons,
although the court may dispense with such consent the same circumstances
provided under the Islamic Adoption of Children Order 2001,
above. An adoption
order shall not be made if both the parents of the child are unknown, further
such child shall be deemed to be
a Muslim, unless the contrary is proved.
Before making an adoption order, the court shall be satisfied
that:
(a) Every person whose consent is necessary under the
order and whose consent is not dispensed with has consented to and understands
the nature and effect of the adoption order, and in particular, in the case of
any parent, understands that the effect of the adoption
order will be to deprive
him of his parental rights in respect of the child;
(b) The order, if
made, will be for the welfare of the child, due consideration being for this
purpose given to the wishes of the
child having regard to his age and
understanding; and
(c) The applicant has not received or agreed to
receive, and no person has made or given, or agreed to make or give, to the
applicant
any payment or other reward in consideration of the adoption, except
such as the court may sanction.
- Upon
the making of the adoption order, all rights, duties, obligations and
liabilities of the parents or guardians of the adopted
child in relation to his
future custody, maintenance and education shall be extinguished and shall be
vested and be exercised by
and enforceable against the adopter. Where an
adopter or the adopted child dies intestate in respect of any property, that
property
shall devolve in all respects as if the adopted child is the child of
the adopter born in lawful wedlock. Similarly, in any disposition
of any
property made after the date of the adoption order, any reference to the child
or children of the adopter shall, unless the
contrary intention appears, be
construed as, or as including, a reference to the adopted child.
Implementation
- The
Immigration and National Registration Department is the government agency
responsible for the registration of adoptions in the
country. The various
Senior National Registration Officers in the respective districts are appointed
to receive any application
for adoption from the various districts.
- The
Family Development Division, under the Social Affairs Services Unit, assists the
Immigration authority in the home study report.
The social report made by the
Social Affairs Services Unit plays an important role in determining the
eligibility of the application.
The social worker’s main responsibility
is to see that the child is given the best home care and favourable home
environment,
besides a strong financial and stable income of the adopting
families.
- The
Committee on the Assessment of Applications for the Adoption of Abandoned Babies
was set up in order to assess and process adoptions
of abandoned babies. The
Committee, which is made of representatives from various relevant government
departments, assesses the
suitability of applicant parents and draws up
recommendations accordingly. The Committee’s recommendations will be
submitted
along with the adoption application to the High Court which would
consider the application before making the order to register such
adoption.
- The
Social Affairs Services Unit facilitates the adoption of children made by
temporary resident in Brunei Darussalam by preparing
the homestudy report
as requested by the relevant agencies from foreign countries.
- In
1999, there were four cases of abandoned babies (refer to annex A). They are
considered as Muslim in the context of this country
based on the religious
ruling or fatwa which says that if abandoned babies whose father or
mother is unknown, if found in a territory of Muslim people, or in the territory
of non-Muslim where there are Muslim people within, he is considered as a child
of Muslim faith and non-Muslims are not allowed to
take the child as an adopted
baby. An abandoned baby is not allowed to use the name of their adoptive father
but she/he would normally
use the name “Abdullah” or other name such
as “Abdul Rahim”. These names are derived from “Asma Ul
Husna”, the 99 names of Allah.
- Constraints
include the time taken to register an adoption, as many agencies are involved in
making thorough assessment and including
a probational period as in the case of
normal adoption.
- In
the case of adoption of abandoned child, a certain period is taken up to conduct
a thorough investigation to trace the natural
mother, and time must also be
taken to allow bonding measures between the adoptive parents and the
baby.
G. Illicit transfer and non-return of children
Legal context
- The
Penal Code (cap. 22) provides for the offence of kidnapping and abduction,
punishable with a term of imprisonment extending to
10 years and a
fine.
- Section
4 (1) of the Women’s and Girls’ Protection Act (cap. 120) makes
provision for the offence of trafficking in girls
for which punishment can
extend to five years’ imprisonment and fine up to B$
20,000.
- Part
VIII of the Children Order 2000, section 33, makes it an offence for any person
to take part in any transaction the object or
one of the objects being to
transfer or confer wholly, partly, temporarily or permanently the possession,
custody or control of a
child for any valuable consideration. Section 34 makes
it an offence to import or assist in importing a child into
Brunei Darussalam
by false pretence or representation or fraudulent or
deceitful means. The penalty for both these offences, if found guilty is
imprisonment
which may extend to seven years with 10 strokes of whipping or
a fine of up to $20,000 or both.
Implementation
- Cases
of illicit transfer and non-return of children are extremely rare. However, if
it occurs the children will be returned to respective
family.
H. Abuse and neglect of children and their physical
and
psychological rehabilitation and social reintegration
Legal context
- The
Children’s Order 2000 is an act to provide for the care and protection of
children. Under this Order, a child is deemed
to be in need of protection under
a variety of situations as follows:
(a) The child has been, or
there is substantial risk that the child will be, physically or emotionally
injured or sexually abused
by his guardian;
(b) The child has been, or
there is substantial risk that the child will be, physically or emotionally
injured or sexually abused
and his guardian, knowing of such injury, abuse or
risk has not protected or is unlikely to protect the child from such injury or
abuse;
(c) The guardian of the child is unfit, or has neglected or is
unable, to exercise proper supervision and control over the child
and the child
is falling into bad association, or is exposed to moral danger, or is beyond
control;
(d) The guardian of the child has neglected or is unwilling to
provide him with adequate care, food, clothing and shelter;
(e) The
child has no guardian, or has been abandoned by his guardian and after
reasonable inquiries the guardian cannot be found,
and no other suitable person
is willing and able to care for the child;
(f) The child needs to be
examined, investigated or treated for the purpose of restoring or preserving his
health and his guardian
neglects or refuses to have him so examined,
investigated or treated;
(g) The child behaves in a manner that is, or
is likely to be, harmful to himself or any other person and his guardian is
unable
or unwilling to take necessary measures to remedy the situation or the
remedial measures taken by the guardian fail;
(h) There is such conflict
between the child and his guardian, or between his guardians, that family
relationships are seriously
disrupted, thereby causing him emotional injury;
(i) The child is a person in respect of whom any of the offences
mentioned in the Penal Code (chap. 22) or any offence of the nature
described in the order has been or is believed to have been committed and his
guardian is the person who committed such offence or
is believed to have
committed such offence or has not protected or is unlikely to protect him from
such offence;
(j) The child is:
(i) A member of the same household as the child mentioned in
subparagraph (i) above; or
(ii) A member of the same household of the person who has been convicted of any
of the offences referred to in paragraph (i), and
appears to be in danger of the
commission upon or in respect of him of a similar offence and his guardian is
the person who committed
or is believed to have committed the offence or his
guardian is unable or unwilling to protect him from such offence;
or
(k) The child is found begging.
- Under
the order, protectors and a Registrar of Children in Need of Protection will be
appointed in order to carry out the functions
of this legislation. An Action
Team on Child Abuse shall also be established to coordinate locally based
services to families and
children where children are suspected of being in need
of protection. This order enables any protector or police officer to take
a
child who he is satisfied on reasonable grounds to be in need of protection into
temporary custody and placed in a place of safety
or taken before a medical
officer if such protector or police officer is of the opinion that such child is
in need of medical examination.
- The
order also places a duty on a registered medical practitioner, including a
medical officer, to immediately notify a protector
or police officer, if he
believes on reasonable grounds that a child he is examining or treating is
physically or emotionally injured
as a result of being illtreated, neglected,
abandoned or exposed.
- In
addition, this order makes it an offence under section 26 (1) to abuse, assault,
neglect, abandon or expose a child or to permit
such action. The penalty for an
offence under this section is imprisonment up to seven years with whipping
and/or fine of up to
$20,000. Children are also not to be used for begging or
any illegal activities detrimental to the health or welfare of the child.
The
penalty if found guilty of such offence is imprisonment up to five years with
whipping and/or fine of up to $10,000.
- Under
this order, when any question arises with respect to the welfare of a child in
any particular circumstances, the best interests
of the child shall always be
the paramount consideration.
- Provisions
under the Penal Code (cap. 22) can also be relied upon in abuse cases. The
relevant provisions can be found in chapter
XVI of the Code. This chapter
covers offences affecting the human body, namely, homicide (sects. 299-304),
suicide (sect. 305),
causing miscarriage, injuries to the unborn children,
exposure of infants and concealment of birth (sects. 312318), causing hurt
and grievous hurt (sects. 319-326), criminal force
and assault (sects. 349358), and offences on rape, unnatural
offences and incest
(sects. 375377A).
- With
regard to sexual abuse, the Women’s And Girls’ Protection Act
(cap. 120) as well as the Penal Code (cap. 22) are
also relied on.
The latter covers offences of rape and statutory rape which are punishable with
a term of imprisonment of up to
30 years and not less than 12 strokes
of the cane, depending on the seriousness of the offence. The Code also
provides for the offence
of “outraging modesty”, which carries a
maximum term of imprisonment of five years and whipping. The Code further
provides
for offences of kidnapping or abducting a child for the purposes of
prostitution and punishable to a term of imprisonment extending
to 10 years. The Unlawful Carnal Knowledge Act (cap. 29) prohibits
carnal knowledge with a girl under 16 years of age, an offence
punishable with a term of imprisonment of not less than two years and not
more than seven years and whipping not exceeding 24 strokes
in the case of an
adult or 12 strokes in the case of a youthful offender.
- With
regard to sexual abuse, the relevant provisions would be under section 354 of
the Penal Code (outraging modesty) or section 375
of the same code for rape and
statutory rape. Section 2 of the Unlawful Carnal Knowledge Act (cap. 29)
is also used for offences
involving sexual intercourse with a girl under 16
years of age. Some of these cases are initially reported as rape, however, when
facts are established the charges would be amended accordingly either by the
Deputy Public Prosecutors or the court. Sentences imposed
for these offences
involve imprisonment with a maximum of 30 years and not less than 12 strokes of
the cane and in the case of outraging
modesty, a maximum of 5 years and
whipping.
- Without
taking into account the persons who have custody rights, Kadi’s Court may
rule out an order to place a child into the
custody of a person from among those
have right towards the custody. If there is any ambiguous situation which may
cause the child
unsuitable to be placed with any of those have custody rights,
Kadi’s court may with its authority place the child under the
guardianship
of an institution which provides services including the welfare of children or
other individual who are suitable. The
welfare of the child shall be the
paramount consideration of the Kadi’s Court along with the opinion of the
parent of the child
and the opinion of the child, if the child reaches the age
of mumaiz (able to differentiate between good or bad) or attain the
age of being able to voice their opinion.
Implementation
- In
1997 the Royal Brunei Police Force established a special unit called the
Domestic Violence and Child Abuse Unit. This unit was
incorporated under the
Anti-Vice Unit in 1999. The main focus of the unit is to protect women and
children from domestic violence
whether physical or mental, and its work also
covers cases involving injury or abuse, neglect, maltreatment or exploitation,
including
sexual abuse.
- This
unit works closely with Medical Social Workers and the Social Affairs Services
Unit. Any reports of suspected abuse are normally
made direct to the nearest
police station. The Domestic Violence and Child Abuse Unit deals with the
criminal prosecution of alleged
offenders while the Medical Social Worker and
the Social Affairs Services Unit provide shelter for the
victims.
- Cases
of child abuse have been reported from the police as well as the hospital (refer
to annex II). Consequently, various sentences
are available upon
conviction for offences committed under the Children’s Order 2000 (refer
to annex II).
- To
provide protection for abused children, a shelter is provided if all efforts
fail to find a proper shelter within the family (refer
to annex III). This
shelter home is under the supervision of the Social Affairs Services Unit,
Ministry of Culture Youth and Sports.
At this shelter home children are
provided with services such as Islamic religious knowledge, counselling
services, skill training,
and attending normal schools.
- The
Social Affairs Services Unit provides two hotlines which operate during office
hours to provide access for the public to inquiry
or report incidents of child
abuse and neglect as well as any other cases of social problems.
- At
the national level, there is an Action Team on Child Abuse which determines
actions taken in dealing with child abuse cases. This
team is chaired by the
Permanent Secretary of the Ministry of Culture, Youth and Sports. The Raja
Isteri Pengiran Anak Saleha Hospital
established an Action Team on Child Abuse
to determine cases of non-accidental injuries which came into the attention of
the hospital.
- Constraints
include:
− There are still cases of neglect and abuse not reported to the
authorities due to social stigmatization and possible legal
implication;
− There are no programmes of rehabilitation for perpetrators of child
abuse; and
− Failure to recognize abuse, which needs more public
awareness.
VI. BASIC HEALTH AND WELFARE
A. Survival and development
Legal context
- The
Quarantine and Prevention of Disease Act (cap. 47) provides that parents of
every child born in Brunei and every child not born
in Brunei but residing
therein, within six months after its birth and six months after its
arrival in Brunei, respectively, to bring
the child to the public vaccinator of
the vaccination district. If this is not done, the parents will be fined
B$ 50 and the court
shall order that the child be vaccinated within a
certain time. If this order is omitted, he or she shall be guilty with a fine
of B$ 100 (and for every day he has omitted), a fine of
B$ 10.
- The
act also provides that the parent or any person having the custody of any child
in Brunei who has attained the age of 7 years
shall, within six months after
such child has attained that age, take such child to a public vaccinator or
medical practitioner for
exam (section 9 of the act). If the public
vaccinator or medical practitioner is of opinion that such child (a) has not
been successfully
vaccinated within the previous 12 months he shall forthwith
vaccinate the child; (b) has not been specifically vaccinated within
the
previous 12 months he shall forthwith vaccinate the child; and (c) has been
successfully vaccinated within the previous 12 months,
he shall direct when such
child shall be brought for vaccination. This is done provided that no child who
has been twice successfully
vaccinated before the age of 10 years shall be
required to submit further vaccination except or hereinafter enacted (section 39
of
the act).
- The
act also provides that it is an offence to inoculate or attempt to inoculate a
child with various matters or to produce or attempt
to produce the disease of
smallpox in any such child. Penalty will be a fine of B$ 1,000 and
imprisonment for six months (section
49 of the act).
- The
parent or person who has the custody of any of unvaccinated pupils attending a
government school, should cause them to be vaccinated.
It is an offence to omit
this and penalty will be a fine of B$ 100 and such pupil will not be
admitted to any government school
until he has been vaccinated.
- The
Labour Act also provides conditions for employment of minors to ensure that
their employment will not adversely affect their development.
A child is
prohibited to work in any ship except a ship approved by the Commissioner as a
school or training ship. The employment
of a child or any young person on any
ship is conditional on the production of a medical certificate attesting their
fitness to work.
Their continued employment at sea shall be subject to the
repetition of such medical examination at intervals of not more than one
year.
Implementation
General health status
- With
increasing public awareness on health issues, and the privilege of good
socioeconomic status, Brunei Darussalam continues to
progress towards
better health status.
- Brunei Darussalam
has endorsed the Alma-Ata Declaration of Health for All by the Year 2000
and adopted Primary Health Care, as the
key strategy to attain the goal set by
the Declaration.
Table 1
Global indicators appraised for the year 1998 to meet WHO
targets
1. Life expectancy at
birth (year 1994-1996) (target: > 60 years)
|
Male Female
|
75.4 years 77.7 years
|
2. Literacy rate (percentage) (age 9 years+) (year 1991)
(target: > 70%)
|
Male Female
|
93.7 84.7
|
3. Infant mortality rate/1 000 live births (target: <
50)
|
|
6.5
|
4. Under-5 mortality rate/1 000 live births (target: <
70)
|
|
8.5
|
5. Maternal mortality rate/100 000 live births (target: <
100)
|
|
40.2
|
6. Percentage of newborns weighing at least 2 500 g at birth
(target: > 90%)
|
|
89.6
|
7. Percentage of children whose weight-for-age is acceptable
(target: 90%)
|
|
90.8
|
8. Percentage of children whose weight-for-height is acceptable
(target: > 90%)
|
|
88.3
|
9. Percentage of deliveries by trained health personnel (target:
> 95%)
|
|
99.0
|
10. Per capita GDP at current prices (B$) (target: US$
500)
|
|
25 100
|
- The
infant mortality rate has steadily declined to 6.5 per 1,000 live births (1998).
This included babies born as prematurely as 24
weeks’ gestation.
Similarly, the childhood mortality rate has declined and remained low at 0.5 per
1,000 (1-4 year) population
(1998).
- Paediatric
vital statistics since 1978, showing fiveyear trends as well as those of the
last seven years (1992-1998), are as shown
in the enclosed table (refer to
annex IV). These figures are comparable to those of other advanced
nations.
- Majority
of pregnant mothers choose to deliver in hospitals. Out of a total of 7,457
live births recorded in 1998, 96.8 per cent
were delivered in
hospitals. The maternal mortality rate was 0.4 per 1,000 total births (1998).
This too has remained low.
B. Harmful communicable diseases
Legal context
The legal context as
listed above are applicable Survival and Development.
Implementation
- The
childhood immunization rate is above 95 per cent and Brunei Darussalam is
free from all major communicable diseases. However,
minor communicable diseases
such as chickenpox, measles, rubella and mumps are seen in small outbreaks from
time to time. These
are being monitored.
- Although
there are no cases of malaria in the local population, a few cases of imported
malaria are detected from time to time among
the migrant workers from other
countries. Strict surveillance is also being carried out for cases of acute
flaccid paralysis, as
part of a process to declare the country free of
poliomyelitis.
C. Water and sanitation
- Ninetynine
per cent of the population has access to clean safe water. The
remaining 1 per cent in the remote areas rely on rain or
fresh river
water, which is then purified. Fluorinated water is available to most of the
population.
- Sewer
facilities with septic tanks are available to all living in the urban area.
Studies are being conducted to improve sanitation
of the remote
areas.
D. Disabled children
Children with special needs
- With
a third of the population less than 15 years of age, priorities in healthcare
services are given to this group of young population,
in particular with regards
to prevention of disabilities by optimal prenatal and postnatal
care.
- Any
child with an impairment, either mental or physical, is detected as early as
possible, so as to enable early intervention.
- Paediatricians
are available to attend to deliveries of an atrisk nature. With more advanced
medical technology and improved medical
and health-care provisions, more
premature infants from neonatal intensive care are now surviving. Efforts are
made to promote disabilityfree
survival. Follow-ups of atrisk infants are
carried out.
- Counselling
for parents are carried out by a senior paediatrician, right from the start.
This is to support the parents and to help
them to come to terms with the
child’s special needs and to plan for future management.
- Any
of these children with identified specific learning or with physical disability
(motor, visual, hearing, speech), including some
children whose disability may
become apparent only later, in the course of their development, will be fully
assessed to identify
their special needs, and to arrange for early stimulation
and longterm care with appropriate assistance from the available
resources.
- The
multidisciplinary team for children with special needs meet and discuss
management of individual cases, to plan programmes for
these children including
rehabilitation, specific therapies, and other services in order to stimulate
them early. These therapies
include:
− Speech therapy;
− Physiotherapy;
− Hearing aids (cochlear implant is now available);
− Teaching for children with hearing impairment;
− Special schools for children with visual impairment. Those with partial
visual impairment are taught in special school locally,
while the more severe
ones are sent to special schools overseas;
− Orthopaedic services such as special shoes, callipers, artificial limbs,
frames to facilitate gait and encourage mobility;
− Minor surgery e.g. tendon release;
− Major surgery e.g. reduction of dislocated hips, insertion of shunts to
relieve hydrocephalus;
− Dietary/nutritional advice for children with problem swallowing or
eating; and
− Specific medical treatment e.g. epilepsy, asthma, infection,
bedsores.
- These
children are not discriminated against because of their disabilities. In fact,
any necessary medical or surgical interventions
to improve the quality of their
lives will be taken. For instance, there are cases of children with
Down’s syndrome complicated
by congenital heart disease who had been
operated overseas at the Brunei Government’s expense, to enable them to
live a betterquality
life.
- The
National Advisory and Coordinating Committee for Children with Special Needs is
a multidisciplinary committee, focusing on educating
children with special
needs. Plans are being made to provide for nurseries or full-time preschool
programmes, including early interventions
needed to prepare these children with
special needs to start schools at around 5 years of age.
- The
Social Affairs Services Unit established centres for handicapped children,
mainly Guidance Classes for Handicapped Children to
provide such children with
social skills and also to provide basic education to the children. There are
such centres throughout
the country. The nongovernmental organization KACA is
actively involved in the welfare and social activities of these children with
special needs.
E. Health status and Brunei children
- Emphasis
and priority in health care including promotion, prevention, curative and
support services are given to meet the needs of
this category of young
children.
- The
healthcare delivery system is efficient. This is served by four government and
two private hospitals, with a total bed capacity
of about 1,000 beds.
There is a government hospital in each district. Raja Isteri Pengiran Anak
Saleha Hospital in the capital
is the major referral hospital. Patients are
transported by boats, cars, ambulance or helicopters.
- Apart
from hospital-based services, community-based outpatient services as well as
motherandchild health services are provided all
over the country
with:
− 1 healthscreening centre;
− 3 health centres with polyclinic facilities;
− 13 health clinics;
− 14 motherandchild health clinics, providing antenatal and postnatal care
for mothers as well as child health care;
− 15 mobile health clinics equipped with dispensary services;
and
− 6 flying medical teams.
- Dental
services for children are available at these health centres and clinics as well
as schools.
- A
good number of community midwives are allocated in each given area. These
midwives will attend and assist the few mothers who opt
to have home delivery,
and will supervise the postpartum period, including encouraging breastfeeding,
and to ensure that the baby
be checked routinely by a paediatrician. There is
no formal policy on family planning but childspacing is encouraged. A number
of
private practitioners are also available.
- The
Flying Medical Team makes regular visits by helicopter, providing medical
services to the remote villages, where access to health
care is more difficult.
However, accessibility to healthcare services is generally good, as
90 per cent of the population live along
the coastal area served by
good road system.
- There
are a total of 344 medical doctors (1998) serving in the country, making the
doctor population ratio 1:939.
- Laboratory
services are provided by the State Laboratory at RIPAS Hospital, the Laboratory
of Scientific Services, and laboratories
at each district hospital and health
centres.
F. Nutrition
- A
nutritional survey was conducted from January to June 1995 on pregnant mothers
and children under 5, with a sample size of 817 and
1,137 respectively.
Results show that 38.9 per cent of pregnant mothers had anaemia with
haemoglobin of less than 11 g/dl. For
the under-5 children, there were no
severe cases of protein-calorie malnutrition but there
were 3.6 per cent of those surveyed with
weight two standard
deviations below the median, and 9.1 per cent were found to be
obese, with weight two standard deviations above
the median.
- A
further detailed nutrition survey involving families was conducted over a
one-year period, which was only completed recently. This
will provide more
information to plan future programmes on nutrition.
G. Health provisions for disadvantaged children
Legal context
- AIDS
had been gazetted as a notifiable disease since March 1987, under the Quarantine
and Prevention of Infectious Disease Act. Under
the provision of this act, all
cases of HIV infection must be reported to the health authorities. This is to
enable surveillance
and preventive measures to be taken.
- However,
HIV infection being such a highly stigmatizing condition has raised profound
ethical dilemmas, in balancing between public
health priorities and
individual’s civic liberties.
- For
surveillance, treatment and control purpose, the Disease Control Unit of Public
Health Services maintain lists of those affected
by HIV/AIDS, then encodes them,
so that HIVrelated confidentiality is maintained and privacy of the individuals
concerned are protected.
For locals with HIV/AIDS, there is no discrimination
against them for jobs, housing, access to health care and schooling for affected
children.
HIV/AIDS
- The
first adult case of HIV infection was detected in 1986. Since then, there are a
total of 18 cases of HIV/AIDS affecting Brunei
nationals and permanent
residents. This includes one prenatal-acquired HIV case, and a pregnant mother
who was offered antenatal
screen was found to be HIVpositive.
- Active
programmes on primary prevention of HIV through education and behaviour
modification, are being carried out to the public and
especially the atrisk
group.
- Other
strategies for the prevention and control of HIV/AIDS have been adopted in
Brunei Darussalam. These are:
(a) To ensure safety of
blood and blood products. Apart from screening for syphilis, Hepatitis B
and C, all blood donated has been screened for HIV since 1986, and so far no
blood
tainted with the virus has been found. Only safe and adequately treated
blood products are used for patients with clotting
disorders;
(b) Intensified surveillance programmes. Currently,
counselling and blood screening for HIV are done on the following atrisk groups:
all blood donors; prisoners; persons with other sexually-transmitted diseases;
drug abusers; persons with high-risk behaviours; healthcare
workers exposed to
occupational risk; patients with tuberculosis; foreign workers; and individuals
who seek voluntary testing;
(c) Prevention of prenatal transmission
through antenatal HIV screening. A limited study was carried out from January
1989 to July
1993 on antenatal mothers who are mostly local residents. None of
them are found to be seropositive for HIV. The most exciting
advance in
preventing paediatric HIV infection, for countries that can afford it, has been
the report of the AIDS Clinical Trial
Group (ACTG) protocol 076 strategy. It
now appears that if women seropositive for HIV receive zidovudine in second and
third trimester,
followed by IV zidovudine during labour and further
followed by oral zidovudine for the infant for six weeks, the prenatal
transmission
rate can be reduced by two thirds (Connor E.M., et al., 1994,
Sperling R.S., et al., 1996). This ACTG 076 strategy has now become
the
standard of care and it now seems more justifiable to offer antenatal screening
to women when such impressive benefit could be
offered if they were found to be
HIVpositive. Since January 1997, after the diagnosis of the first case of
prenatal, acquired HIV
infection by a symptomatic couple who were unaware of
their HIV status, HIV screening is now offered to all antenatal
mothers;
(d) Prevention of prenatal transmission through breastfeeding.
It has been clear for some time that women who are seropositive for
HIV opting
to bottlefeed rather that breastfeed are thus able to prevent infection of
probably 10 per cent of children exposed prenatally
(Dunn D.T.,
et al., 1992). In Brunei Darussalam, safe infant formula is available and
affordable. Breastfeeding is emphasized to
all mothers. However, for any
mother known to be HIVpositive, advice for alternative feeding for the newborn
will be given; and
(e) Counselling on reproduction decisions for
HIVinfected couples. Although the number of women of reproductive age who are
HIV-infected
is very few, advice and counselling on future pregnancies had been
given to the couples concerned in a noncoercive manner, as well
as information
on the proven benefit of the ACTG 076 protocol, should they decide to have more
children.
Treatment of HIV/AIDS
- Initial
counselling and epidemiological investigations are carried out by the
epidemiologist of the Disease Control Unit. All known
cases of HIV/AIDS are
then referred for treatment to the appropriate
physicians/paediatricians/obstetricians.
- General
management includes education, counselling, emotional and physical support
services, advice on nutrition, contraception, specific
precautions and advice on
decisions about future pregnancies are given where relevant.
- In
view of the small number of cases, open access to wards with easy contact with
their doctors are made available, for general medical
care as well as specific
problems. Specific treatment for prophylaxis against opportunistic infections
are given as deemed appropriate.
- All
children of HIV-infected mothers commence pneumocystis carinii pneumonia
prophylaxis around the age of 6 weeks to 2 months, and continue the therapy
until the age of 6 months or until it becomes
clear that the infant is
uninfected, whichever occurs first.
- Combination
antiretroviral therapy is available in Brunei Darussalam and treatment is
free for Brunei citizens and permanent residents,
regardless of the stage of the
infection.
- A
special HIV Fund has been set up by a non-governmental organization recently to
meet the needs of any family affected by HIV/AIDS.
H. Child abuse and neglect
- As
mentioned earlier, the Children’s Order 2000, under its section 19, places
a duty on a registered medical practitioner, including
a medical officer, to
immediately notify a protector or police officer, if he believes on reasonable
grounds that a child he is examining
or treating is physically or emotionally
injured as a result of being ill-treated, neglected, abandoned or exposed, so
that necessary
steps can be taken. Further, under section 19 (4), such
medical officer has the power to take such a child under temporary custody
until
such time as temporary custody of that child can be assumed by a protector or
police officer.
- The
hospital is commonly the initial place where unexplained injuries are detected.
Nurses and doctors dealing with children are
trained to look out for the
telltale signs which may suggest child abuse. Health education talks including
child abuse and prevention
are given to the public through the mass
media.
- Although
there is no mandatory reporting, complaints are often made by a parent,
relatives or neighbours who are concerned, which
reflects an increasing public
awareness of the problem.
- From
time to time, cases of physical and sexual abuse and neglect are dealt with in
the hospitals. At RIPAS Hospital, the Child Protection
Team, comprising of a
multidisciplinary team, holds regular case conferences with the following
objectives:
(a) To share all relevant information and review
evidence of abuse, causative factors and likelihood of
recurrence;
(b) To consider safety of child(ren) in family and to decide
whether legal action is needed to protect the child(ren); and
(c) To
formulate a plan for future work with the child and family, including assessment
of needs of family and help available locally,
nomination of a key worker and
recommendations for follow-up and case review.
- These
discussions are based on the principle that the welfare of the child is always
the paramount consideration. Parents are kept
informed and, where relevant,
decisions are made with their involvement. They are also encouraged to draw
support from the extended
family system. Parental counselling is provided
whenever necessary.
- The
ability to combine their skills for an effective childprotection system was
clearly needed, for instance, in a recent High Court
trial of a case of child
sexual abuse. Videorecording was admissible in the Brunei courts as evidence,
in order to avoid a young
child witness going through further stress and the
trauma of giving evidence in the court in the presence of the defendant. A
carefully
prepared videorecording of the interview with the young child was done
at the hospital which was admitted to the court. The trial
went on to
crossexamination of this young child, again with the combine skills of the
inter-agency partnership, special rooms with
video-link system was set up at
RIPAS Hospital to enable the child to testify against the natural father without
the added stress
of being in a formal courtroom in the presence of the
defendant.
- The
child protection work requires good interagency cooperation. The Child
Protection Team at RIPAS Hospital has a good working relationship
with other
professionals and regards interdisciplinary work as an essential process in the
task of attempting to protect children
from an abuser.
I. Budgetary and other provisions
- The
government budget allocation for health has been constantly increased over the
past years, reaching 6.97 per cent of the National
Budget. The
per capita health budget is B$ 619 (1998).
- Health
care is free for all Brunei citizens and permanent residents, all children
below 12 years of age, regardless of their nationality,
as well as all
government employees and their dependents. For others, a nominal fee is
charged. For medical care not available
in the country, Brunei citizens and
those eligible are sent overseas for treatment at the Brunei Government’s
expense.
- Local
and overseas training of doctors, nurses and healthcare providers for children
is given a high priority.
J. Paediatric services
- To
enable better delivery of paediatric care, hospital paediatric services are
available at RIPAS Hospitals as well as other district
hospitals. Community
paediatric services are made available to all districts including the rural
areas.
- After
birth, all newborns are routinely checked by a paediatrician. Following
discharge from the hospital, the mothers and babies
will be seen to at home
daily by the community home midwifery services for the first 7-10 days, to
encourage breastfeeding, child-spacing
and to supervise the postpartum and early
neonatal periods.
- The
well babies will be followed up at the nearest motherandchild health clinic.
Routine vaccinations and child health surveillance,
including developmental
checks, are done at various stages of their development. Inquiry about specific
developmental problems are
made to identify any children with impairment of
physical disability, so as to provide early interventions if
necessary.
K. Living standards
- Although
Brunei Darussalam has undoubtedly made great progress in the field of child
health care, there is still much work to be done.
Emphasis must be made
especially to prevention, as good prevention of childhood conditions will
prevent chronic disease in adulthood.
- As
the health services for the country expand to cater for the increasing needs of
the people, more construction of new health centres
and clinics is being carried
out. A women’s and children’s hospital for Bandar Seri
Begawan under the Seventh National
Development Plan has been approved to
meet the health needs of the women and children of
the country.
VII. EDUCATION, SPORTS, LEISURE AND CULTURAL
ACTIVITIES
A. Education, including vocational training
Education (Non-Government Schools) Act (cap. 55)
- This
is an act to provide for the registration and control of secular education in
schools not wholly maintained or wholly managed
or controlled by the Government
and for matters connected therewith.
- This
Education (Non-Government Schools) Act (cap. 55) does not have a provision
concerning the right of a child to education. But
the act deals with matters
concerning the healthy, spiritual and educational development of the child by
regulating the establishment
of private schools so that any possible negative or
undesirable influence brought by these private schools can be well controlled
by
the relevant authority. The welfare of the pupils attending these private
schools is protected by making it compulsory for the
schools and managers and
teachers to be registered. The registrations will be refused if the schools,
teachers and managers do not
comply with the regulations stated in the act, for
instance if the school is unsanitary or unhealthy or a dangerous
building.
Emergency (Education) Order 2000
- New
legislation on education is in the process of being finalized. Its main purpose
is:
− To provide for matters related to education, including registration of
private educational institutions as a means of regulating
the education system
in Brunei Darussalam and ensuring conformity to the national
curriculum;
− To ensure that education is available from the pre-school stage, i.e.
nursery and kindergarten, right through to higher education
stage;
− To provide for special education for children with special educational
needs; and
− To provide a legal structure that will ensure that the rights of
children and young persons are protected, namely the right
to
education.
Implementation
(a) General overview and budget
- The
provision of education has been and always will be one of the main national
agenda of the Government of His Majesty the Sultan
and Yang Di-Pertuan of
Brunei Darussalam. This commitment is reflected both in terms of national
budget allocation and the implementation
of national undertaking such as the
establishment of a local university in 1985. About 21 per cent of the
allocation (B$ 1,978 million)
for the social services sector of the Seventh
National Development Plan (1996-2000) has been allocated to education which is
approximately
B$ 407 million. Hence, given such high priority,
schooling is available to all while literacy is above 90 per
cent.
- Formal
education began in 1912 with one Malay school in the capital city of Brunei and
by 1918, the number of schools had increased
gradually to the other districts in
the country. The period following the Second World War saw much reconstruction
in Brunei and
education was no exception. Progress in education was made in
areas such as infrastructure and professional development. In 1941,
there were
42 schools throughout the State, having 312 girls among 1,764 pupils. Even
though the number of girls going to schools
seem to be relatively small, it was
impressive by Brunei standards (Brunei Annual Report, 1941:45). By 1951, the
Government was
able to introduce an English education complement in the Malay
schools.
- The
first Education Development Plan of 1954-1959 brought about further progress in
fulfilling the needs of the country, particularly
in providing more English
preparatory and secondary schools. With the expansion of the physical
infrastructure there was a need
to have a national education policy to give
future directions as to the development of education in Brunei. Eventually two
education
reports, the Education Report of 1959 and the Education Commission of
1972 were submitted to the Brunei Government. These reports
recommended, among
others, the use of the Malay language as the medium of instruction in all
schools.
- Further
progress was achieved when, in 1984, bilingual education policy was introduced
to ensure that pupils attained a high degree
of proficiency in both the Malay
and English languages. The bilingual policy provides broader opportunities for
Brunei children
to pursue higher education internationally. Instruction in
other languages is also available and languages such as Mandarin, Arabic
and
French are taught in schools as optional subjects.
(b) Aims of education
- The
National Education Policy of Brunei Darussalam aims to establish an
effective, efficient and equitable system of education that
is in line with the
national philosophy of a Malay Islamic Monarchy. The aims of the National
Policy of 1997 are as follows:
− To provide at least 12 years of education for every Brunei child, namely
7 years in primary (including pre-school), 3 years
in lower secondary and 2
years in upper secondary or in a vocational or technical
college;
− To provide a common curriculum and common public examination for all
schools in the country;
− To promote and sustain the bilingual system in which Bahasa Melayu will
continue to play a leading role, while the standards
of English language
instruction will be raised progressively;
− To provide education in the Islamic religion by ensuring that Islamic
values and the Islamic way of life are integrated into
the education system
through an appropriate curriculum;
− To promote the development of a national identity, in which all
Bruneians, as loyal subjects and under the leadership of
the Monarch, play
useful roles in fulfilling the changing needs of the
country;
− To offer higher education opportunities to those who are capable and
qualified, in accordance with the changing needs of
the country;
and
− To provide all Brunei children with opportunities to fulfil their needs
and aspiration and to allow them to participate as
citizens in the development
of the nation.
- Although
education is not compulsory, it is estimated over 99 per cent of the children in
Brunei Darussalam attend primary schools.
- At
present there are 123 government primary schools, 26 government secondary
schools and 60 non-government or private schools. Total
enrolment in all
schools and institutions under the Ministry of Education for the year 1999 was
93,895.
Table 2
Number of schools, students and teachers in general
education,
including kindergarten, in years 1995-1999
|
Schools
|
Classes
|
Students
|
Teachers
|
Average number of students per school
|
Average number of students per class
|
Average number of students per teacher
|
1995
|
202
|
3 283
|
83 703
|
5 874
|
414
|
25
|
14
|
1996
|
206
|
3 418
|
85 464
|
6 530
|
415
|
25
|
13
|
1997
|
211
|
3 499
|
87 088
|
6 551
|
413
|
25
|
13
|
1998
|
215
|
3 857
|
90 606
|
6 998
|
421
|
23
|
13
|
1999
|
219
|
3 956
|
93 895
|
7 151
|
429
|
24
|
13
|
Source: Education Statistical Year Book.
(c) Education facilities, support services and student
welfare
- In
terms of school enrolment, Brunei Darussalam has undoubtedly experienced
tremendous progress. The high enrolment rate is due to
several factors such as
the provision of free education to all citizens from primary level to higher
institutions, while non-Brunei
children are required to pay minimal fees at the
secondary level. Furthermore, schools are accessible in all parts of the
country,
particularly in the remote areas where even a small number of children
are being catered for. Most importantly, Brunei Darussalam
gives equal
opportunities in education for both boys and girls from primary right through to
tertiary education, thus accounting
for the high enrolment
rate.
- Most
of the schools in the State are presently provided with adequate modern
facilities and equipment. Besides the physical aspect,
the Government also
recognized the importance of well qualified and trained teachers. Tremendous
efforts have been made to produce
locally trained teachers while overseas
recruitment helps to meet the increasing staffing needs of the school. As a
result, the
student-teacher ratio in Brunei schools is considered as favourable
and conducive to teaching and learning.
- The
provision of education in Brunei is not only undertaken by the Government but
also by the private sector. There are 60 non-government
schools offering
different levels of schooling. The participation of the private sector provides
parents with alternatives and the
freedom to choose what is best for their
children. Besides the academic curriculum, the schools are also required to
provide co-curriculum
programmes in order to foster the continuing, allround
development of each individual in terms of intellectual, spiritual, social,
physical and aesthetic competencies and dispositions, that would enable him or
her to uphold, and contribute to, the aspirations
of the
country.
- Broadly,
co-curriculum education is intended to provide enhancement of personal
development, including values such as cooperation,
understanding and respect for
one another and acceptance of differences. Students from primary, secondary and
higher institutions
are encouraged to participate in both intellectual and
physical activities. Provisions for enrichment programmes include participation
of children in national and international events, science projects and many more
recreational activities organized by the schools
or the co-curriculum
department. Ultimately it is hoped that through these programmes Brunei
children would acquire those values
which are important in promoting the
development of national identity.
- School
dropouts exist in any educational system and Brunei is no exception. There are
several factors contributing to this problem
which are educational, economic and
social in nature. In the context of Brunei Darussalam, various educational
strategies are put
in place to prevent early dropouts. These include strategies
to improve academic performance, language proficiency and thinking
skills.
- In
Brunei Darussalam children are required to sit for national examination at
various levels. There are, however, some who fail to
attain the required
academic standards in the mainstream curriculum. For these less academically
inclined students, special alternative
curriculum and assessments are designed
to ensure that they will be able to achieve a certain level of skills,
especially in the
technical and vocational field for future
employment.
- Students
who fail the Primary Certificate of Education (PCE) twice are promoted to
lower-secondary Form I but follow the Level II
Curriculum. This level II
programme introduced in 1997 was designed to cater to the needs of those
students who are less academically
inclined but are motivated more towards a
vocationally oriented curriculum. This curriculum comprises practically
oriented, modular-based
optional subjects to enable students to explore their
abilities and aptitudes.
- On
completion of the Lower Secondary Assessment (PMB), mainstream students are
channelled into streams leading to the Brunei Cambridge
General Certificate of
Education at Ordinary Level (O Level) or the General Certificate of Education at
Normal Level (N Level); or
to pursue craft and basic technical level courses at
technical/vocational schools.
- The
N-Level course, with a syllabus comprising 70 to 80 per cent of the O Level
course, is offered to students who find the O Level
too demanding. However, the
first opportunity of a “lateral transfer” from the N Level to the O
Level is provided in
the first six months of the NLevel course, based on high
academic performance.
- At
the end of the second year of the upper secondary level, the high academic
achievers sit for the Brunei-Cambridge Ordinary Level
Examination. Those less
academically inclined sit for the Brunei Cambridge GCE Normal Level Examination.
Students obtaining a good
pass at N Level are given the opportunity to
transfer into the academic stream. Upon completion of one further academic year
of
study, these students sit the GCE Ordinary Level. Alternatively, after
completion of the NLevel examination, students may opt for
training leading to
diplomas in the technical field, or enter the employment
market.
- In
terms of access and equity, the Ministry of Education set up a Special Education
Unit in 1997 to research, plan and implement special
education programmes to
cater for children with special needs. These needs are served in an inclusive
school environment, thus providing
early integration with normal children.
Teachers are trained to implement early-intervention programmes based on an
individualized
educational plan with the overall aim of developing these
children into independent, useful and contributing members of the community.
More resources and expertise are planned to serve specific needs such as visual
and hearing impairment, mental retardation and physical
disabilities.
- Besides
free schooling, the Brunei Government also takes care of children who are in
need of economic assistance. The Ministry of
Culture, Youth and Sports are
handling funds for these children. The Sponsorship Fund provides B$ 500 per
year to cater for the
child’s school fee, books and clothing while the
monthly financial assistance provides B$ 65 for each child per month for
the
same reason. These funds apply to children aged between 5 to 18 years of
age. Such assistance is dispensed through various government
agencies including
the Ministry of Education, which offers amongst other things the Feeding and
Hostel Accommodation Scheme and transport
allowance. All schoolchildren also
benefit from the School Health Service programme, which provides early health
screening so that
medical problems are diagnosed at the earliest possible stage.
Medical teams made up of a doctor and nurses make regular visits to
schools in
the urban as well as the rural areas. Treatment will be given in areas of
vision, nutrition and inoculation. The Dental
Service provides both school and
mobile dental clinics for schoolchildren.
- The
Ministry of Education has also set up a Counselling and Career Guidance Unit to
provide guidance and counselling services to students
in all educational
institutions. Activities of the unit include orientation programmes,
dissemination of relevant information, educational/vocational
guidance, work
placement, visits, careers exhibition and conventions. Training courses and
educational visits abroad for schools
heads and careers teachers are also
planned and organized by this unit. Careers development has also been
established in schools
to broaden the outlook of our students in choosing
relevant courses for their careers.
- As
the number of local educational institutions is limited, the Government has
continuously made scholarships available for overseas
studies. This very
generous gesture on the part of the Government has enabled many students,
irrespective of gender, to further
their studies and obtain necessary
qualifications for nation-building. Scholarships to study abroad include those
for medicine,
engineering, architecture, accounting and aircraft engineering.
Brunei recognizes the importance of human resource development in
nation-building and hence investment in education is one of the
Government’s priorities.
- Another
major concern of the Ministry of Education is the overall welfare of all
children. Hence the principles and practice of pastoral
care have been one of
the main features of school organization in Brunei. Teachers are trained in
counselling to enable them to
help children with various problems such as
absenteeism, truancy, vandalism and smoking. Children who are in need of
further emotional
and social support also have access to the counselling
service, which is supported by several agencies such as the Ministry of Health,
the Ministry of Culture, Youth and Sports and the Ministry of Religious
Affairs.
(d) Islamic religious education
- Formal
religious education in Negara Brunei Darussalam is taught at the primary
right up to the higher education level. Islamic Religious
Knowledge, better
known as IRK, is a subject taught in all government and non-government primary
and secondary schools throughout
the State. Its objectives are basically to
nurture and encourage Muslim students to know the basic knowledge of the Islamic
faith.
It also tries to instil in the students the spiritual value of Islam as
well as acting as guidelines for students to become responsible
citizens with
high moral values. The children are also taught the history of Islam and the
sense of brotherhood among people around
the world.
(e) Islamic religious schools
- Religious
education is also taught at religious schools at the pre-primary level, from
primary 1 through to primary 6. Generally,
the main purpose of having these
schools is to educate, instil, guide and train children the deeper meaning of
the Islamic faith.
Every child is taught to understand, believe and practise
the Islamic teachings with faith in Allah The Almighty (see annex
V).
- Arabic
schools and higher Islamic institutions were set up to produce Muslim
intellectuals in various disciplines so as to meet the
manpower needs of the
country based on the principle of Malay Islamic Monarchy. There are 134
religious schools in Brunei where
over 37,000 pupils and students attend classes
to study religion. There are about 1,770 religious teachers teaching in these
religious
schools.
- To
streamline the administration of education in the country, all types of schools,
including Islamic religious schools, are gradually
being placed under the
purview of the Ministry of Education.
(f) Discipline in schools
In 1984, a book on discipline and rules for
schools and hostels in Brunei Darussalam was published by the Ministry of
Education and
Health. Basically, the book provides guidelines for school
administrators and teachers to use as reference whenever needed.
- However,
at present most schools, both primary and secondary, have counsellors to assist
discipline teachers in handling disciplinary
cases within their respective
schools. Cases which needed further assistance are brought to the attention of
the Department of Schools,
Ministry of Education.
- A
new book pertaining to rules and guidelines for handling disciplinary cases is
under process and will soon be published.
B. Leisure, recreation and cultural activities (Convention
art. 31 )
- Children
are given a fair and equal chance with respect to their involvement in leisure
and cultural activities.
- The
country is well equipped with the infrastructure for leisure, cultural and
social activities. The Department of Co-Curriculum,
the Ministry of Education
and the Ministry of Youth and Sports organize, monitor and implement such
activities for the youth and
children throughout the country.
- The
Language and Literature Bureau has set up libraries in all the districts for the
general public. Where no building structure
is available, especially in remote
or rural areas, and where there is no easy access, mobile library services are
provided.
- This
bureau also organizes special programmes and activities for children during the
school holidays to provide fun and enjoyment
as well as encouraging them to read
more books during their leisure hours. One such project, which is organized
annually by this
bureau, is the Children’s Village where children all over
the country congregate in the capital and participate in all outdoor
activities,
which include competitions. This activity indirectly provides children with
opportunities to meet friends and develop
a healthy social life. Another
project popular with children and organized by this bureau is the reading
project which aims at encouraging
children to enjoy reading and to develop a
reading culture among Brunei children. The Language and Literature Bureau also
publishes
a monthly bulletin/newsletter which will develop their writing
skills.
- Radio
Television Brunei (RTB) provides all-round entertainment for Brunei children, be
it for educational or leisure purposes. Many
types of children’s
programmes are televised such as promotional activities and documentaries for
children, apart from broadcasting
foreign programmes.
- Children
are also provided with special safety programmes to remind them of the
importance of safety, especially for those who live
in the Water Village where
drowning accidents have occurred. Another safety campaign is safety in the
home, especially since accidents
do occur due to negligence, fire and other
household mishaps.
- Radio
Television Brunei also organizes many competitions to cultivate young talents in
various fields such as singing competitions
and painting workshops. Several
quiz programmes are also organized annually.
- Besides
RTB and the Language and Literature Bureau, the Ministry of Education, with the
cooperation of other agencies, also organizes
programmes and projects for
children. The Social Affairs Service Unit, through the Family Development
Division, also organizes many
projects for children with the aim of cultivating
a more wholesome and rounded life for young children in the
country.
- The
private sector too plays a role in providing activities for children by
sponsoring painting competitions, photographic competitions
and educational
tours. The participation of non-governmental organizations (NGOs) is also very
important in this sector where social
activities are often organized for
orphans, the handicapped and the needy.
VIII. SPECIAL PROTECTION
A. Children in situations of emergency (Refugees) (art.
22)
Legal context
- Brunei Darussalam
has no legal provisions for people seeking refugee status or
asylum.
Implementation
- Brunei Darussalam
has and will continue to extend humanitarian assistance to any boat people on a
case-by-case basis, within its capacity.
For example, if a refugee craft is
totally unseaworthy and there is danger of sinking, there is serious illness or
injury on board,
or if there is a total absence of basic food
supply.
- Although
Brunei Darussalam does not accept refugees and is not a party to any
related international instruments, Brunei Darussalam
does support by
extending financial contributions voluntarily to various programmes and projects
implemented by this United Nations
agency since
1984.
Constraints
- Being
a small country with a small population, the presence of refugees in
Brunei Darussalam might have adverse social, political
and security
implications.
B. Children in armed conflict (art. 38) and
social
reintegration (art. 39)
Legal context
- The
minimum age requirement for entry into the armed forces in
Brunei Darussalam is governed by the Royal Brunei Armed Forces Act
(cap.
149). Section 12 of the act states that “a recruiting officer may enlist
such eligible persons who have attained the
age of 17½ years in the Armed
Forces and Reserve Regiment”. Further, section 13 also makes provision to
allow the recruiting
officer to enlist “eligible young persons” into
the Armed Forces or the Reserves Regiment for the purpose of raising
and
maintaining any unit consisting of or including boy soldiers or boy reservists
with written consent from the boy’s parents,
person with parental rights
and powers or the District Officer.
Implementation
- Brunei Darussalam
has no experience at all on this issue.
C. Children in conflict with the law
(The administration of juvenile justice (art. 40), children
deprived of their
liberty (art. 37 (b)-(d)), the sentencing of children
(art. 37 (a), physical
and psychological recovery and social reintegration
of the child (art. 39))
Legal context
- There
are a number of provisions in the laws of Brunei, which serve to protect
children in this aspect. The main provisions are contained
in the Criminal
Procedure Code (cap. 7), which regulates the administration of criminal justice
in Brunei.
- Section
2 (1) of the Criminal Procedure Code confines the definition of youthful
offender to those between the ages of 7 and 18.
By this definition a child
below the age of 7 commits no offence. This is also specifically provided by
section 82 of the Penal
Code (cap. 22). Under section 82 of the Penal Code,
nothing is an offence, which is done by a child under 7 years of age. By
section
83 of the same, nothing is an offence that is done by a child above 7
years of age and under 12, who has not attained sufficient
maturity of
understanding to judge the nature and consequences of his conduct on that
occasion.
- Section
238 (1) of the Code prohibits capital punishment for persons under the age of
18. Section 238 of the Code provides that sentence
of death shall not be passed
against a person convicted of an offence if it appears to the court that at the
time when the offence
was committed, he was under the age of 18 years. The
court shall sentence such person to be detained on the pleasure of His Majesty.
- A
youthful offender shall be produced before a Magistrate’s Court and dealt
with in a same manner as if he is an adult. Although
the law provides for the
setting up of juvenile courts, such courts have not been set up. Bail
application where offences involve
a youthful offender is usually entertained.
Bail is granted as a right if a youthful offender is charged with a bailable
offence,
which carries a penalty of less than two years’ imprisonment.
For more serious offences which go beyond the jurisdiction of
that of a
Magistrate’s Court, bail application would than be heard in the
Intermediate Court and the High Court upon an application
by a Deputy Public
Prosecutor who has the choice of the venue or court in which the case will be
tried. The court rarely grants
bail to youthful offenders being charged with
capital offences (e.g. murder and possession of firearm), as the offences are
non-bailable.
The youthful offender would then be remanded in the State prison
pending hearing.
- When
a youthful offender is convicted of any offence punishable by fine or
imprisonment, the court may instead of passing a sentence
discharge him with
warning or on execution of bond of good behaviour for a period of not exceeding
12 months. In the case of serious
offences, he may be committed to custody in a
place of detention of not less than one year and not more than five
years.
- The
Ministry of Culture, Youth and Sports run a centre specifically for girls and
women. The centre was set up under Women and Girls
Protection Act and is called
Taman Noor Hidayah. The Centre was set up with the following objectives:
− To provide guidance and training in the form of moral rehabilitation to
girls and women who were engaged in adverse social
activities.
− To provide shelter to women and children who are victims of
abuse.
- The
Centre has been operational since 1987. The Centre does not specifically
provide for children but from records there have been
admission of youth into
the Centre. Since 1987, out of 105 admissions, 42 were youths.
Implementation
- There
are rules under section 262 of the Criminal Procedure Code relating to the
youthful offenders’ place of detention, which
is intended to provide
sufficient protection for them. The rules cover aspects such as accommodation,
discharge and removal, prohibited
articles, clothing and bedding, food, health
and cleanliness, employment, religious instruction, education, visit and
communications,
offences and discipline. It also covers restraints, complaints
by inmates, classifications and grades, discharge on parole, staff,
the warden
and medical officer, house masters, the advisory board and appointment of places
of detention. An inmate shall become
eligible for release on parole after he
has served 12 months of his terms of detention.
- Under
section 262 (5) (b) of the Criminal Procedure Code (cap. 7) the Minister of
Culture, Youth and Sports with the approval of His
Majesty the Sultan and Yang
Di-Pertuan, is authorized to make rules to regulate the classification,
treatment, employment, discipline,
control, diet and recreation of youthful
offenders detained in any place of detention within Brunei.
- The
Misuse of Drugs Act (cap. 27) is an act that provides for the control of
dangerous or otherwise harmful drugs and for the purpose connected therewith.
Under the Misuse of Drugs (Approved Institutions) Discipline Regulation, 1987,
“Centre” is interpreted as any approved
institution as defined in
the Misuse of Drugs Act. Section 2 of the act defines approved institution as
any institution or place approved by the minister with the approval of His
Majesty the
Sultan and Yang DiPertuan for the treatment and rehabilitation
of drug addicts. There is no separate provision for children.
- There
is one institution or place for the treatment and rehabilitation of drug
addicts, the Rumah Al Islah at Jalan Pelumpong, Muara.
- According
to figures provided by the Narcotics Control Bureau, Prime Minister’s
Office, in the year 2000 there were 19 arrests
on drug abuse cases of children
below the age of 15 years, while 70 arrests for youth aged from 16 to 20
years.
- When
a youthful offender is arrested on suspicion of having committed an offence, the
youthful offender will be dealt with under the
provision of the Criminal
Procedure Code in the same manner as an adult offender. There is no special
provision for children in
the law relating to criminal investigation, arrest,
remand custody and bail.
- If
a youthful offender is arrested on suspicion of having committed a less serious
offence, for example, theft or minor assault, it
is almost the case, they will
normally be granted police bail. The police would take all reasonable steps to
inform the family of
the youthful offender and release him on police bail on the
same day. For more serious offences, including capital offences, the
youthful
offender would be remanded in police custody but the practice is usually to keep
them separated from adults.
- The
police have a special unit, the Domestic Violence And Child Abuse Unit, which
deals with cases involving young offenders and women.
They deal with cases of
physical and mental violence, injury, abuse, neglect, maltreatment, sexual
handling, stolen property and
exploitation. The unit works side by side with
the Medical Social Worker and the Social Affairs Services Unit. According to
the
statistics compiled by the unit, between 1993 and 1998 there were 14 cases
of child abuse. During the said period there were seven
cases of unlawful
carnal knowledge.
- Analysis
made by the Domestic Violence And Child Abuse Unit base on investigation of
reported cases since 1995 show that Child Abuse
resulted from the following
factors:
- − Stress
and mental pressures because of financial problems;
- − Parents
remarried; and
- − Uncontrolled
anger.
- According
to the figures provided by the police in 1998, there were 511 juvenile arrests.
Of these 457 were male and 63 were female.
The figures recorded a decrease from
previous years in the number of child offenders. For example, in 1997 there
were a total of
713 male and 29 female and in 1996, the figures were 917 male
and 14 female. Notably there is a slight increase in the number of
female
offenders throughout the years. Not all arrests led to prosecutions as some of
the offenders were released or referred to
the appropriate authorities by the
police.
- The
Criminal Procedure Code provides that upon conviction, the court should sentence
the accused according to the law. The Code does
not have special provision for
children except for that relating to capital punishment. However, in sentencing
young offenders,
the court is very much aware of the limitation of young
offenders. Prior to sentencing them, the court procedurally requires the
prosecution to provide the court with the antecedents and record of previous
convictions options available in dealing with if any.
In most cases the court
would also order the prosecution to produce the youthful offender’s
academic performance report, if
he is still in school, in order to assist the
court with the appropriate sentence. Heavy fines are not
normally
enforced as it would unnecessarily cause financial hardship to his
parents/guardians and tantamount only to sending him to
prison. The court, in
having regard to youthful offender’s means, would normally specify a
period within which a fine must
be paid. On some occasions, the court may order
fines to be paid in instalments.
- A
bond for a good behaviour is the most common sentence imposed against youthful
offenders. The bond may be ordered for any term
not exceeding two years.
Normally, this sentence is imposed on a first offender. The court, however, may
attach conditions to the
bond, for example, a bond for good behaviour for 12
months of a sum of B$ 1,500 with parents/guardians as insurance. What this
means
is basically the parents or the guardians act as guarantors and as such
are required to comply with the conditions of the bond.
- The
court may order a youth to undergo police supervision for a period not exceeding
two years. This sentence is imposed on condition
that the defendant had been
sentenced to imprisonment for a term not less than two years. Police
supervision is rarely ordered on
its own.
- The
court usually sees custodial sentence as the last resort. It is imposed on a
youthful offender who is most likely to have previous
convictions or a habitual
offender. In this regard, the court is usually left with no alternative but to
impose custodial sentence
after having regards to the poor record of the
offender.
- The
judiciary compiled its own record of juvenile crimes in Brunei for the period
between January 1994 and October 1998. According
to their statistics, there
were 358 cases involving juvenile offenders for the said period. Other offences
include house break-ins,
handling stolen property, mischief, rape, voluntarily
causing hurt, custom offences, and traffic and immigration offences. Majority
of the offence was theft (44 per cent) and followed by misuse of drugs (10 per
cent). There were 337 male offenders compared to
21 women. Most of them were
between the ages of 16 and 18. Factors that have contributed to the juvenile
problems appeared to be
parental neglect, marital problems of the parents,
delinquent parents and negative peer influences.
- Once
convicted, and if a prison sentence is imposed, the youthful offender will be
sent to Jerudong Prison, which is also a prison
for adults.
Brunei Darussalam has no special correctional facilities for young
offenders and, due to overcrowding, the prison authority
is unable to keep
youthful offenders in a separate wing. Similarly in the drug rehabilitation
centre, the young offenders are kept
together with adults. Statistics from the
Prison Department confirmed that only a few of the young offenders received a
prison sentence.
Between 1995 and 1998, there were 89 youthful offenders
in prison. The lowest age is 14.
- Youthful
offenders are kept in prison with adult inmates who are (a) more mature, (b) to
be released soon, (c) very pious and (d)
committed for non-serious offences. It
should also be pointed out that this is done in the hope that these adult
offenders could
guide the youthful offenders to realize their mistakes.
Moreover, youthful offenders are given as far as possible, such treatment
due to
them as youthful offenders.
- Brunei Darussalam
became a party to the Convention on the Rights of the Child
on 27 December 1995 and, with the accession, comes further
commitment
towards the protection of the interest and survival of the child and the
enhancement of its growth and development. Steps
are being taken to further
protect the right of the children when they are found to be in conflict with the
law. For example, the
building of a new prison with more facilities will enable
the Prison Authority to take into serious consideration the welfare of
young
offenders who are sent to prison.
- Being
an Islamic nation that strives to practise and uphold the principles of the
religion, Islam permeates every aspect of life in
Brunei Darussalam, at
every level and the national concept of Malay. Muslim monarchy further
strengthens this religious influence.
Apart from the provisions under the
Religious Council and Kadi’s Court Act, (cap. 77) which affords children
certain rights,
there are various rules in the Koran and hadiths
(tradition and practices of the Prophet) which guide adult Muslims in their
relationship and treatment of children. It is in the
adoption of Islamic
lifestyle and in the practice of Malay tradition of devotion and dedication to
children that Brunei Darussalam
has been an abode of peace for all,
including children. It is worth noting that certain cases of juvenile
delinquencies are in fact
the result of unrestrained love and
devotion.
Constraints
- The
various authorities that are involved in the administration of justices are keen
to review the approach towards young offenders
to keep to the spirit and intent
of the Convention on the Rights of the Child. However due to limited resources,
the efforts have
to be taken at slower pace.
- There
is no separate correctional facilities for youthful offenders due to the fact
that there is a small number of youthful offenders
actually being
imprisoned.
D. Exploited children
Legal context
- The
law prohibits the employment of people under the age of 16. The Employment of
those below 14 is considered as child labour.
The Labour Act
(cap. 93, sect. 24 (1)) prohibits the employment of children in
any industrial undertaking. Under this law a child
is defined as a person under
the age of 14 years old.
- The
Penal Code (cap. 22) and the Women and Girls Protection Act (cap. 120), imposes
heavy penalties for the offences of sale, trafficking
and the abduction of
women, girls and children. The offences would include kidnapping or abduction
of a child for the purposes of
slavery and selling minors for the purposes of
prostitution and is punishable with a term of imprisonment extending to 10
years.
Implementation
- Most
job-seekers are above the age of 18; there are also a small number of young
jobseekers. Parents may apply for the consent of
the Commissioner of Labour to
allow their under-age children to work. In exercising his discretion, the
Commissioner would act on
the best interests of the children. Consent is only
given if the type of work is not physically and mentally taxing and jeopardizes
their safety. According to the statistics provided by the Labour Department,
there were 40 underage jobseekers in 1998.
- The
presence of children at work may technically be considered child labour.
However, children are normally found helping in family
business such as at night
markets, fruit and vegetable stalls or groceries shops and other family
businesses. Helping the family
is traditional in Brunei culture, for some
families, it is a way of training their children to take on their family
business when
they are ready to do so. Many are not paid for their assistance
or given minimal sum as encouragement.
Constraint
- The
Labour Department is working hand in hand with the Ministry of Education and the
private sectors on training programmes to help
young jobseekers in enhancing
their skills and exploring other alternatives to compensate for their
insufficient academic background.
The main constraint will be that this type of
programme has to be specifically targeted to this type of applicant so that they
do
not have to compete for places with youths who have better educational
background than them.
- The
presence of registered under-age jobseeker may be due to poor academic
performance, which prevented them from continuing their
education to higher
levels. Another reason is the need for some families to require their children
to work early to help in supporting
the family.
E. Children involved in drugs and substance abuse
Legal context
- The
Misuse of Drugs Act (cap. 27) is an act that provides for the control of
dangerous or otherwise harmful drugs and for the purposes connected therewith.
There is no provision in the legislation which deals specifically with children.
Implementation
- The
Narcotics Control Bureau is the main agency responsible for the enforcement of
drug laws in Brunei Darussalam. The officers of
the bureau have full
powers of investigation in drug cases. Recently, there was one occasion where a
child was used to import drugs.
This child was body-strapped with drugs by the
child’s parents. After their arrest, the natural father of the child was
sentenced
to 27 years and the stepmother received 24 years’ imprisonment.
Most of the
children are arrested for consumption and possession for
their own use. Despite the lack of legislative provision, as in other areas
where children are found to be in conflict with the law, the Narcotics Control
Bureau practises a more humanitarian and sympathetic
approach in dealing with
children.
- The
bureau also provides after-care services through its supervision programme.
This programme caters to drug offenders who have
completed treatment and
rehabilitation programme, convicted of consuming drugs or young offenders who
voluntarily enter the programme
after being identified as drug abusers. Under
this programme the clients are monitored by means of regular urine screening and
random
visits for a maximum period of two years. An extension of another year
is provided for under the law but in practice this is rarely
used. During the
period of supervision, counselling services are provided to the clients and
their family. Activities such as recreation,
sports and religious classes are
arranged as ways of encouraging and introducing them to adopt a healthier
lifestyle. A similar
programme is offered to inhalant abusers under the
Emergency (Intoxicating Substances) Order 1991, but their supervision programme
is for a maximum period of one year.
- The
institutionalized treatment and rehabilitation of drug addicts come under the
jurisdiction of the Prisons Department. Treatment
and rehabilitation is for a
period of 6 to 36 months. Inmates then undergo supervision for
another 24 months after release under
the jurisdiction of the Narcotics Control
Bureau. In Brunei there is one treatment and rehabilitation centre for drug
addicts and
as such there are no separate facilities for young offenders. The
Centre also provides treatment and rehabilitation for inhalant
abusers. The
treatment and rehabilitation for inhalant abusers is for a period of 6 to 12
months.
- Most
young offenders abuse codeine and psychotropic substances and there is an
increasing trend towards abusing amphetamine-type of
stimulants. The drugs are
also popular among adult offenders, so as far as the choice of drugs is
concerned, there is no difference
in preference between young offenders and
adults. The adults who do abuse intoxicating substances normally carry their
habits from
childhood.
- The
bureau believes that young persons should be given every opportunity to
rehabilitate themselves without the stigma of a criminal
record. As such, in
dealing with young offenders their rehabilitation potential and future prospects
are the main considerations.
- In
practice, the following guidelines normally apply:
(a) On
arrest, young offenders are offered bail unless they are involved in serious
cases, for example trafficking. As far as possible
they are not remanded in
custody because there is no separate place of detention for children. Whenever
children have to be remanded,
steps are taken to separate them from adult
offenders; and
(b) Students and young persons are not prosecuted unless
they are known drug traffickers or repeat offenders. They are released
with a
warning, put under the Bureau Supervision Programme or recommended for treatment
and rehabilitation.
- Brunei Darussalam
currently has no data on the number of children and youths addicted to drugs.
The Narcotics Control Bureau, however,
keeps records of the number of student
abusers. According to the bureau, from 1995 to 2000 the total number of
students arrested
was 279. Out of this number, 147 were 15 years and below
and the rest were below the age of 19 years. The total is, however,
decreasing.
In 2000, 25 students were arrested, compared to 30 in 1999 and
33 in 1998. The arrest of those under the age of 15 has also dropped
to 19
in 2000 from 20 in 1999 and 29 in 1998.
- During
the year 2000, four students were placed under the supervision programme. The
figures were 18 in 1997, 2 in 1998 and just
1 in 1999.
- The
decreasing trend in student arrests has contributed to a closer relationship
between the bureau and the Ministry of Education.
The bureau has a working
arrangement with the Ministry of Education in controlling the spread of drug
abuse among students. Urine
screening is conducted in schools and colleges to
identify the student abusers. Their school counsellors or the Counselling Unit
of the Ministry of Education deals with the students who have been identified
through urine screening or other means first before
they are referred to the
bureau. The bureau takes over cases that cannot be dealt with effectively by
the schools or the unit.
The bureau is also working with the Ministry of
Education on possible revamping of anti-drug education in the school curriculum,
which also includes higher education institutions.
- In
the attempt to create awareness of the dangers of drug abuse among young people,
the bureau conducts anti-drug lectures in schools,
colleges and villages
throughout the year. In 2000 the bureau conducted a total of 98 lectures
throughout the country and 59 of
the lectures were to students, covering a total
of 11,777 students. The bureau also assists the Ministry of Education in
conducting
activities such as quiz and counselling courses to student
leaders.
- Campaigns
towards gearing young people into alternative activities to drug abuse are also
rigorously conducted. The conducted joint
efforts with village community groups
in running healthy activities for youth. With this type of campaign it is hoped
that the bureau
will be able to reach children who have left
schools.
- In
their efforts to identify the problems of drug abuse in educational institutions
and subsequently to attempt to eradicate them,
the Narcotics Control Bureau has
conducted two surveys; one in 1994 and the other one in 1998. The results of
the survey assisted
them in identifying the magnitude of the problem and
subsequently prepare their future strategies.
Constraints
- Efforts
towards eradication of drug abuse are expensive and limited resources have been
the main constraint in preventing the children’s
problem from being
addressed separately. For instance, there are limited correctional and
detention facilities for children in Brunei.
However, steps are being taken in
this area.
F. Children of aboriginal or ethnic minority groups
Legal context
- Although
there is no legislation regarding the specific protection of the rights of
children of aboriginal or ethnic minority groups,
under the Nationality Act
(cap. 15), Brunei law does recognize 7 indigenous groups of the Malay race
(namely, Belait, Bisayah, Brunei, Dusun, Kedayan, Murut or Tutong)
as well as 15 groups of people considered to be indigenous to
Brunei Darussalam (namely Bukitans, Sea Dayaks, Land Dayaks, Kalabits,
Kayans, Kenyahs, Kajangs, Lugats, Lisums, Melanaus, Penans, Sians, Tagals,
Tabuns and
Ukits) who could be considered as subjects of His Majesty the
Sultan and as such are entitled to full rights as accorded such a
status.
Implementation
- All
children are treated the same irrespective of religion, background and
race.
IX. CONCLUSIONS
- Brunei Darussalam
became a party to the Convention on the Rights of the Child
on 27 December 1995 and with this accession comes further
commitment
towards the protection of the interest and survival of the child and the
enhancement of its growth and development.
- Being
an Islamic nation that strives to practice and uphold the principles of the
religion, Islam permeates every aspect of the life
in Brunei, at every level.
The national concept of Malay Muslim Monarchy further strengthens this religious
influence. Not only
has the Shariah law (Religious Council and Kadi’s
Court Act, chap. 77) afforded children certain rights but there are various
rules and hadith (traditions and practices of the Prophet) which guide
adult Muslims in their relationship with, and in the treatment of, children.
It
is in adoption of an Islamic lifestyle and in the practice of the Malay
tradition of devotion and dedication to children that
Brunei Darussalam has
since time immemorial been an abode of peace for all - including children. It
is worth noting that certain
cases of juvenile delinquencies are in fact the
result of unrestrained love and devotion.
- With
the accession to the Convention on the Rights of the Child, however,
Brunei Darussalam realizes the pressing need to focus and
redefine this
devotion and to better implement the Islamic and civil laws for maximum benefit
of the children of Brunei Darussalam.
As a step towards fulfilling the
obligation of the Convention, Brunei Darussalam has set up the National
Children Council on 18
January 2001 as proposed by HRH Pengiran Isteri Hajah
Mariam, when she officiated the Consultative Meeting on CRC in 1996. This
body
should be able to better coordinate efforts by the different agencies
responsible for children affected in Brunei Darussalam.
It is very much
realized that what is needed is a holistic approach in dealing with issues on
children.
- Our
education system provides all children with free secular and religious education
from primary to tertiary levels and our health
system provides free health care
from preventive to curative services. In these two areas, it is believed
Brunei Darussalam has
done very well and by legal provisions has been
implemented fully.
- Our
social security system and safety nets are constantly evolving to keep them in
line with the CRC.
- In
the process of preparing and drafting the report, it has assisted
Brunei Darussalam in realizing the need to focus more on issues
which have
not been sufficiently addressed before. The Convention on the Rights of the
Child has also helped Brunei Darussalam in
formulating its strategies in
dealing with its children in the near future and Brunei Darussalam could
not see any reason for not
improving its policies towards full and comprehensive
implementation of the objectives of the Convention.
Annexes
Annex I
Statistic on abandoned babies found in
Brunei Darussalam
|
Male
|
Female
|
Total
|
1995
|
1
|
|
1
|
1996
|
|
1
|
1
|
1997
|
1
|
|
1
|
1998
|
2
|
1
|
3
|
1999
|
6
|
|
6
|
2000
|
|
1
|
1
|
Source: Attorney-General’s Chambers.
Annex II
Offences under the Children’s Order
2000
Offence
s.26
Ill-treatment, Neglect, Exposure or abandonment of a child
|
|
s.33
Unlawful transfer of possession, custody or control of a child
|
|
s.34
Importation of child under false pretences
|
|
s.28
Leaving child without reasonable supervision
|
|
s.27
Using any child for the purpose of begging or any illegal activities
|
Punishment
Imprisonment 7 years maximum with 10 strokes of whipping or a fine
$20,000 maximum or both
|
|
Imprisonment 7 years maximum with 10 strokes of whipping or to a fine
$20,000 maximum or both
|
|
Imprisonment 7 years maximum with 10 strokes of whipping or to a fine
$20,000 maximum or both
|
|
Imprisonment 5 years maximum with 10 strokes of whipping or to a fine
$10,000 maximum or both
|
|
Imprisonment 5 years maximum with 8 strokes of whipping or a fine
$10,000 maximum or both
|
Source: Attorney General’s Chambers.
Annex III
Statistics on female inmates at Taman Noor Hidayah
(a
shelter run by the Social Affairs Services Unit)
Reasons for staying
in shelter
|
1995
|
1996
|
1997
|
1998
|
1999
|
Total
|
Out of control
|
9
|
9
|
2
|
12
|
11
|
13
|
Sexual exploitation
|
-
|
-
|
-
|
-
|
5
|
5
|
Family problems
|
-
|
-
|
-
|
1
|
3
|
4
|
Neglect (orphans)
|
4
|
4
|
-
|
-
|
-
|
8
|
Sexual abuse
|
3
|
-
|
-
|
-
|
6
|
9
|
Total
|
16
|
13
|
2
|
13
|
25
|
69
|
Source: Social Affair Services Unit.
Annex IV
Paediatric vital statistics for
Brunei Darussalam
|
|
1983
|
1988
|
1992
|
1993
|
1994
|
1995
|
1996
|
1997
|
1998
|
Total births
|
5 662
|
6 031
|
6 932
|
7 330
|
7 354
|
7 321
|
7 401
|
7 690
|
7 498
|
7 457
|
Total live births
|
5 598
|
5 981
|
6 884
|
7 290
|
7 314
|
7 270
|
7 341
|
7 633
|
7 459
|
7 411
|
Late foetal death (stillbirth) Rate (per 1 000 total births)
|
11.3
|
8.3
|
6.9
|
5.5
|
5.4
|
7.0
|
8.1
|
7.4
|
5.2
|
6.2
|
Prenatal mortality Rate per 1 000 live births
|
22.1
|
13.4
|
10.1
|
9.8
|
11.4
|
10.5
|
12.3
|
10.7
|
8.9
|
9.0
|
Early neonatal mortality Rate per 1 000 live births (1st week)
|
10.9
|
5.4
|
3.2
|
4.4
|
6.0
|
3.6
|
4.2
|
3.3
|
3.8
|
2.8
|
Neonatal mortality Rate per 1 000 live births (1st month)
|
12.2
|
6.1
|
3.8
|
6.7
|
7.7
|
5.1
|
5.3
|
4.5
|
4.7
|
4.7
|
Infant mortality Rate per 1 000 live births (1st year)
|
20
|
10.9
|
7.0
|
9.6
|
11.2
|
8.4
|
7.9
|
6.9
|
7.4
|
6.5
|
Childhood mortality Rate per 1 000 (14 years) population
|
1.4
|
1.3
|
0.6
|
0.5
|
0.6
|
0.5
|
0.5
|
0.5
|
0.5
|
0.5
|
Annex V
Numbers of Islamic religious schools, students and teachers
(1996-2000)
|
1996
|
1997
|
1998
|
1999
|
2000
|
Schools
|
113
|
114
|
110
|
115
|
117
|
Classes
|
1 426
|
1 486
|
1 573
|
1 632
|
1 673
|
Students (male)
|
16 055
|
16 816
|
17 128
|
18 060
|
18 740
|
Students (female)
|
15 469
|
15 912
|
16 203
|
16 914
|
17 489
|
Teachers
|
1 176
|
1 406
|
1 468
|
1 579
|
1 580
|
Ratio student: school
|
279
|
287
|
303
|
304
|
310
|
Ratio student: class
|
22
|
22
|
21
|
21
|
22
|
Ratio student: teacher
|
26
|
23
|
23
|
22
|
23
|
Source: Department of Islamic Studies, Ministry of Religious
Affairs.
Annex VI
Map of Brunei Darussalam
-----
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