6. This submission focuses on:
I.
II.
III.
IV.
V.
Brunei Darussalam’s gender discriminatory laws and policies that prevent women from
conferring nationality on their children and spouses;
the specific barriers that ethnic Chinese face in acquiring and confirming citizenship;
statelessness risks amongst indigenous populations;
discriminatory aspects of the naturalisation process; and
the linkages between human trafficking and statelessness in Brunei Darussalam.
Brunei Darussalam’s Universal Periodic Review Under the Second Cycle 2014
7. Brunei Darussalam, in its review under the Second UPR Cycle in 2014, received recommendations
from The Czech Republic, France, Sweden, Burkina Faso, Portugal, Slovenia, Canada and Russia to
review or withdraw its reservations to the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) – specifically its reservations to Article 9 (which
enshrines women’s equal nationality rights) and article 29 of CEDAW. 6
8. After stating that it would examine these recommendations, Brunei Darussalam rejected each,
noting its intention to maintain its reservation to CEDAW Article 9. Without referencing women’s
inability to confer nationality on children on an equal basis with men and resulting statelessness
risks, the State declared that “[p]rocedures are available for children of women citizens married to
foreign nationals to be accorded Brunei citizenship through an application process…”7
9. Brunei Darussalam received a recommendation from Mexico that the State “adopt reforms
allowing women the transmission of citizenship as a measure in favour of gender equality and the
reduction of cases of statelessness”.8
10. Though Brunei Darussalam accepted this recommendation,9 it has not taken steps to eliminate
gender discriminatory provisions in its nationality law. Further, its rejection of recommendations
pertaining to the removal of the State’s reservations to CEDAW Article 9, demonstrates a lack of
commitment to ensuring that women have equal nationality rights with men.
11. Iran recommended that Brunei Darussalam facilitate the “integration and naturalization of
stateless persons who are permanent residents”.10
12. Brunei Darussalam accepted this recommendation,11 though, as this submission will outline, has
yet to take meaningful steps to implement this commitment, which would include ensuring the
children of Brunei women are granted nationality.
6
Report of the Working Group on the Universal Periodic Review: Brunei Darussalam, UN GAOR, 27th sess, Agenda Item 6,
UN Doc A/HRC/27/11 (7 July 2014) [113.12], [113.14] and [113.22-7].
7 Report of the Working Group on the Universal Periodic Review: Brunei Darussalam, UN GAOR, 27th sess, Agenda Item 6,
UN Doc A/HRC/27/11/Add.1 (10 September 2014) [113.26, and see 113.12].
8 Report of the Working Group on the Universal Periodic Review: Brunei Darussalam, UN GAOR, 27th sess, Agenda Item 6,
UN Doc A/HRC/27/11 (7 July 2014) [113.79].
9 Report of the Working Group on the Universal Periodic Review: Brunei Darussalam, UN GAOR, 27th sess, Agenda Item 6,
UN Doc A/HRC/27/11/Add.1 (10 September 2014) [113.79].
10 Report of the Working Group on the Universal Periodic Review: Brunei Darussalam, UN GAOR, 27th sess, Agenda Item 6,
UN Doc A/HRC/27/11 (7 July 2014) [113.80].
11 Report of the Working Group on the Universal Periodic Review: Brunei Darussalam, UN GAOR, 27th sess, Agenda Item 6,
UN Doc A/HRC/27/11/Add.1 (10 September 2014) [113.80].
2