49. As a signatory to the Convention on the Rights of the Child, Brunei Darussalam has committed to
registering all births immediately.58 Additionally, as stated above, 16.9 of the Sustainable
Development Goals provides the target that all States “by 2030, provide legal identity for all,
including birth registration”.59
50. Importantly, Article 12 of the Birth and Deaths Registration Act 201360 requires universal birth
registration for all children born in Brunei Darussalam. UNHCR’s submission in relation to the last
UPR of Brunei Darussalam in 2014 details that “this provision appears to be applied inclusively with
the Government reporting that the births of stateless children are also being registered and that
relevant statistics are kept”.61
51. However, indigenous populations in rural areas such as the Dusun and Iban (also known as Sea
Dayaks) continue to experience significant barriers in accessing birth registration.62 This creates
issues with proving their identity and links to the State, in turn creating barriers to acquiring or
confirming Brunei Darussalam citizenship and also in accessing education, healthcare,
employment, and land rights and protection from exploitation.63
Survivors of Human Trafficking and Exploitation
52. Typically, stateless persons and those at risk of statelessness are at heightened risk of human
trafficking and exploitation because they often have difficulty proving their identity or links to a
State.64 Similarly, survivors of human trafficking and exploitation can also be at a heightened risk
of statelessness.
53. Brunei Darussalam is not a party to the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children (“2000 UN Trafficking in Persons Protocol”).65
54. According to the U.S. Government’s 2018 Trafficking in Persons Report, the Government of Brunei
Darussalam “does not fully meet the minimum standards for the elimination of trafficking;
http://www.refworld.org/docid/523fe9214.html>; Guidelines on Statelessness No 4: Ensuring Every Child’s Right to Acquire
a Nationality through Articles 1–4 of the 1961 Convention on the Reduction of Statelessness, UN Doc HCR/GS/12/04 (21
December 2012) 12 [55].
58 Convention on the Rights of a Child, opened for signature 20 November 1989, 1577 UNTS 3 (entered into force 2
September 1990) art 7.
59 UN Sustainable Development Goals, https://sustainabledevelopment.un.org/sdg16
60 Births and Deaths Registration Act 1984 (Cap. 79) (Brunei Darussalam)
<http://www.agc.gov.bn/AGC%20Images/LAWS/ACT_PDF/cap079.pdf>.
61 UNHCR, ‘Universal Periodic Review : Brunei Darussalam’, Submission for the OHCHR’s Compilation Report – Universal
Periodic Review : Brunei Darussalam, September 2013, 2 [2] <http://www.refworld.org/cgibin/texis/vtx/rwmain?page=country&docid=528346844&skip=0&coi=BRN&querysi=stateless&searchin=fulltext&sort=date
>.
62 U.S. Department of State, Brunei 2017 Human Rights Report (2017) 16
<https://www.state.gov/documents/organization/277311.pdf> ; U.S. Department of State, 2012 Country Report on Human
Rights Practices: Brunei Darussalam (19 April 2013), 9 <https://www.state.gov/j/drl/rls/hrrpt/2012/eap/204188.htm>.
63 U.S. Department of State, 2012 Country Report on Human Rights Practices: Brunei Darussalam (19 April 2013), 9
<https://www.state.gov/j/drl/rls/hrrpt/2012/eap/204188.htm>.
64 U.S. Department of State, Trafficking in Persons Report (June 2016) 23
<https://www.state.gov/documents/organization/258876.pdf>.
65 U.S. Department of State, Trafficking in Persons Report (June 2018) 110
<https://www.state.gov/documents/organization/282798.pdf>.
10