he US State Department annual Human Rights Report for 2008 was released yesterday.
In the report for Brunei Darussalam, there were several positive points concerning the conditions of the prisons and the government's zero tolerance policy on corruption.
Touching on the conditions of prison and detention centres in Brunei, the report noted that conditions generally met international standards. There were no reports of mistreatment and that the law prohibits the mistreatment of these prisoners.
In terms of the freedom of speech and press, it noted the nation's daily newspapers, which include the Borneo Bulletin, as practising self-censorship.
The letters to the editor, which appears in the Borneo Bulletin Opinion page, often includes comments critical of government handling of certain social, economic, and environmental issues.
On occasions, the government responds to public opinion on topics concerning social or environmental problems and the delay of public services, the report said.
The Legislative Council, which convenes annually, has allowed members to "speak their opinions freely", but they are prohibited from using language or exhibiting behaviour deemed "irresponsible, derogatory, scandalous, or injurious", and may be disqualified for service on the basis of various offences including disloyalty.
The report stated that the village consultative councils communicated constituents' wishes through a variety of channels, including periodic meetings chaired by the Minister of Home Affairs.
The government also meets with mukim representatives to allow for airing of local grievances and concerns.
The Brunei National Development Party (NDP) was also mentioned and that it is the country's only registered political party and pledges its support to the Sultan and the government.
On corruption, the zero tolerance policy practised by the government has successfully led to the prosecution of a number of low-level officials. There were no reports of prosecution or conviction of police or military personnel for corruption.
In relation to crimes, in particular rape and domestic violence, the report mentioned that according to police statistics, there were 46 reported rape cases in 2008 and 21 were under investigation. Police were said to be generally responsive in the investigation of such cases, the report said.
Although there is no specific domestic violence law, but arrests have been made in domestic violence cases under the Women and Girls Protection Act.
In 2008 alone, there were 225 reported cases of domestic violence against women, and all cases were still under investigation at year's end. The criminal penalty for a minor domestic assault is one to two weeks in jail and a fine. An assault resulting in serious injury is punishable by caning and a longer jail sentence.
A special unit staffed by female officers exists in the police department to investigate domestic abuse and child abuse complaints, while a hotline is available for persons to report domestic violence.
The Ministry of Culture, Youth, and Sports' Department of Community Development provides counselling for women and their spouses. Based on individual circumstances, some female and minor victims are placed in protective custody in the Community Development Department's Taman Noor Hidayah shelter while waiting for their cases to be brought to court.
There are various laws that prohibit the employment of children under the age of 16. Parental consent and approval by the Commissioner of Labour is required for those under 18.
The Labour Department, which is part of the Ministry of Home Affairs, effectively enforces laws related to the employment of children and that there are no reports of violations of child labour laws, the report said.
On the health and welfare aspect, the report states that occupational health and safety standards are established by government regulations.
The Labour Department inspects working conditions on a routine basis and in response to complaints and the department generally enforces labour regulations effectively.
However, enforcement in the unskilled labour sector was seen as lax, especially for foreign workers at construction sites, where pay arrearage and inadequate safety and living conditions were reported.
The Labour Department on the other hand may close a workplace where health, safety, or working conditions are unsatisfactory. The law permits a worker to leave a hazardous job site without jeopardising his employment, but generally, this did not occur.
The government's protective measures for foreign workers have included arrival briefings for workers, inspections of facilities, and a telephone hotline for worker complaints.
The report noted that government mediation continues to be the most common means used to resolve labour disputes.
Abusive employers face criminal and civil penalties. When grievances could not be resolved, repatriation of foreign workers is at the expense of the employer, and all outstanding wages are ordered paid.
The majority of abuse cases have been settled out of court by the employer paying financial compensation to the worker.
No 2008 statistics on workers' complaints were provided but the report stated that in 2007 the Labour Department recorded 26 complaints by domestic helpers and 108 complaints by corporate/garment workers against employers who failed to pay workers' salaries.
Sixteen of the complaints by domestic workers and 60 of the complaints by corporate/garment workers were resolved, largely by employer compensation payments.
Eighteen complainants withdrew their complaints while the remaining cases were still under investigation.
The government also prosecuted employers who employed illegal immigrants or did not process workers' documents, rendering them illegal status. While the majority of prosecutions were for long-term overstayers, many workers stayed on illegally due to their former employers' negligence.
The 2008 Human Rights Report is the 32nd edition of the Country Reports. It includes more than 190 countries worldwide and it is said that these reports help foster discussion, promote advocacy, measures country's progress and improvements that can be made.
Borneo Bulletin-27/02/2009
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