Brunei Darussalam’s International Obligations 13. Brunei Darussalam, as a member State of the UN, is obliged by the UN Charter to promote ‘universal respect for, and observance of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion’.12 These human rights and fundamental freedoms are specified in the Universal Declaration of Human Rights (UDHR), many of which are also recognised as principles of customary international law.13 14. Brunei Darussalam has only acceded to three of the core UN human rights instruments:14 CEDAW, the Convention on the Rights of Persons with Disabilities (CRPD) and the Convention on the Rights of the Child (CRC).15 Of the treaties ratified, Article 9 of CEDAW, Article 18 of the CRPD and Articles 7 and 8 of the CRC provide for the universal right to a nationality without discrimination. Additionally, Article 7 of the CRC, enshrines every child’s right to be registered immediately after a birth – a key protection against statelessness. However, it must be noted that Brunei Darussalam currently maintains a reservation to article 9 of CEDAW.16 15. Brunei Darussalam is yet to ratify the Convention Against Torture (CAT), International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR), International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICMRW).17 16. Brunei Darussalam is not a State party to the 1951 Convention relating the Status of Refugees and its 1967 Protocol (1951 Convention), the 1954 Convention relating to the Status of Stateless Persons (1954 Convention) or the 1961 Convention on the Reduction of Statelessness (1961 Convention). 17. As a member State of the Association of South East Asian Nations (ASEAN), Brunei Darussalam is a signatory to the 2012 ASEAN Human Rights Declaration.18 In fact, Brunei Darussalam initiated the implementation of the Declaration as the Chair of the ASEAN in 2013.19 Although this declaration is a non-binding document, it nonetheless reflects consensus as to the right to a nationality and the importance of human rights in the region (see, article 18 of the 2012 ASEAN Human Rights Declaration). 12 Charter of the United Nations, art 55(c). According to Article 56 of the Charter, it is the obligation of all member states of the UN to take “joint and separate action in cooperation with the Organization for the achievement of the purposes set forth in Article 55”. 13 Draft Articles on Diplomatic Protection with commentaries’ (2006) II(2) Yearbook of the International Law Commission 49. 14 OHCHR, The Core International Human Rights Instruments and their Monitoring Bodies <https://www.ohchr.org/EN/ProfessionalInterest/Pages/CoreInstruments.aspx>. 15 OHCHR, Ratification Status for Brunei Darussalam <https://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Treaty.aspx?CountryID=25&Lang=EN>. 16 OHCHR, Background Note on Gender Equality, Nationality Laws and Statelessness 2018 (8 March 2018) Refworld, 6 <http://www.refworld.org/country,,,,BRN,,5aa10fd94,0.html>. 17 OHCHR, Ratification Status for Brunei Darussalam <https://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Treaty.aspx?CountryID=25&Lang=EN>. 18 ASEAN, ASEAN Human Rights Declaration (18 November 2012) <https://asean.org/asean-human-rights-declaration/>. 19 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) 5-6 [21]. 3