WUNRN
The groups here listed are
deeply concerned by the Sultanate of Brunei Darussalam’s announcement of a new
penal code based on a strict interpretation of Shari’a law. We add our voices to the growing concerns of
the international community that this move towards stricter Shari’a law
demonstrates a disturbing disregard of basic civil and political rights of the
people of Brunei.
Stoning as a cruel form of punishment and discrimination against women
Women’s rights
organisations are particularly concerned that the new penal code includes
stoning as a punishment for the crime of adultery. There are 15 countries in which stoning is either
practised, legalised, or both, and if this law comes into effect, Brunei will
be the sixteenth.
Stoning is not prescribed
in the Qur’an or in any other religious texts.
We view the introduction of this penal code as part of a larger
retrogressive step for women’s rights and gender equality in the country where
spousal rape, for instance, is still tolerated under the Shari’a law. We
reiterate our call that no ‘religion’, ‘culture’, or ‘tradition’ should be used
to excuse killing and maiming for supposed moral crimes. While
stoning is a method of punishment to be applied to both women and men, the
victims in reported cases of stoning are overwhelmingly women. This stems from the fact that stoning is
primarily used for crimes of adultery or other crimes related to moral or
sexual conduct. Patriarchal and misogynist
interpretations of religious laws – aimed at controlling women’s basic freedoms
of movement and expression and control over their bodies –
underlie judicial codes governing sexual relationships and the family.[1][1]
Human rights and stoning
The Universal Declaration
for Human Rights (UDHR) is the basis of the two international human rights
treaties that Brunei has signed and acceded to: the UN Convention on the
Elimination of All Forms of Discrimination Against women (CEDAW) and the UN
Convention on the Rights of the Child (CRC).
As a State party to these two Conventions, Brunei has the obligation to
respect, protect, and fulfil these rights to all its citizens.
Under
the UDHR, the penal code will be in violation of the right to
life, liberty, and security of
person (Article 3); the right not to be
subjected to torture or to cruel, inhuman, or degrading treatment or punishment
(Article 5); the right to recognition everywhere as a person before the law
(Article 6); the right to be treated as equal
before the law and entitlement without any discrimination to equal
protection of the law (Article 7); the right to an effective remedy by the
competent national tribunals for acts violating the fundamental rights granted
by the Constitution or by law (Article 8), the right not to be subjected to
arbitrary arrest, detention, or exile (Article 9) and the right to be entitled
in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights
and obligations and of any criminal charge against him.
In 2007, the United Nations General Assembly, where Brunei is represented, called
for a worldwide moratorium on executions.[2][2]
Although Brunei has not ratified the International
Covenant on Civil and Political Rights (ICCPR), it is also expected to abide by
the standards in this Covenant. For
instance, the Human Rights
Committee has noted that when the death penalty is applied by a
State party for the most serious crimes, it must be carried out in such a way
as to cause the least possible physical and mental suffering.[3][3]
The practice of stoning clearly does not fulfill this recommendation.
Given stoning
affects women disproportionately, and because it is justified by rules and
practices that impair or negate the exercise by women of their human rights,
stoning is inconsistent with the prohibition of discrimination on the basis of
sex, as recognized under CEDAW. Stoning
is also a form of extreme violence against women, which States should, in
accordance with the Declaration on the Elimination of Violence against Women,
strive to prevent and eliminate, be it perpetuated by state institutions, private
individuals or communal groups.
Our Appeal
The
groups party to this statement call on the Sultanate of Brunei to immediately
cease the implementation of the new Shari’a penal code, which allows the
penalty of stoning. The penal code is in
contravention of the fundamental rights and freedoms guaranteed under the
Universal Declaration of Human Rights, which is embraced by all member States
of the United Nations including Brunei as the highest moral and legal authority
in human rights.
We also call on the State
of Brunei to take the following measures:
1. Submit its long overdue
report to the UN CEDAW Committee in fulfilment of its State obligations under
CEDAW to which it is a State party since 2006;
and
2. Sign and ratify the ICCPR and the UN Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (United Nations Convention against Torture).
We also call upon the
international community, particularly United Nations Member States, to call
upon Brunei to halt the enforcement of the new penal code and the practice of
stoning and to initiate a UN resolution to totally ban the practice of stoning.
This statement is supported by the following organisations:
Aid Centre for Advocacy and Legal Consultation,
Sudan
Centre for Secular Space
Gambia Committee on Traditional Practices Affecting
the Health of Women and Children (GAMCOTRAP)
Justice for Iran
Salmmah Women’s Resource Centre, Sudan
Sisters in Islam, Malaysia
Solidaritas Perempuan, Indonesia
Violence is Not Our Culture
Women Living Under Muslim Laws
Women’s UN Report Network
30th October
2013
If your organisation would like to be added to the list of signatories,
please email wluml@wluml.org