VZCZCXYZ0010
RR RUEHWEB

DE RUEHBD #0087/01 0680643
ZNR UUUUU ZZH
R 090643Z MAR 07
FM AMEMBASSY BANDAR SERI BEGAWAN
TO RUEHC/SECSTATE WASHDC 3751
INFO RUEAWJA/DEPT OF JUSTICE WASHDC
RULSJGA/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC

UNCLAS BANDAR SERI BEGAWAN 000087 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR G/TIP, G, INL, DRL, PRM, EAP/MTS AND EAP/RSP 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN ELAB SMIG KFRD PREF BX
SUBJECT: BRUNEI TIP REPORT 
 
REF: 2006 STATE 202745 
 
 
¶1. (SBU) Please find below Post's report in preparation for the 
annual Trafficking in Persons Report.  Please note paragraph 
numbering is keyed to reftel questions: 
 
-------- 
OVERVIEW 
-------- 
¶A. Brunei is not a major destination for trafficked persons, nor is 
it a source or transit country.  However, Brunei is heavily 
dependent on foreign workers to perform much of the manual labor, as 
well as a significant amount of the high-skill work required to keep 
its economy functioning.  GoB statistics indicate that 70, 763 
foreign workers or 18% of the nation's population are currently 
legally resident in Brunei.  Post's survey of primary labor source 
country embassies indicated the actual number of foreign workers may 
be as high as 100,000.  The GoB statistics may not count the large 
number of Malaysian citizens resident in Malaysia who commute daily 
to legal jobs in Brunei or foreign nationals with permanent 
residence status.  The following statistics provided to us by 
foreign missions reflect either the number of these countries' 
nationals formally registered or estimated to be working in Brunei: 
 
Malaysia 43,000 
Indonesia 36,000 
Philippines 21,000 
Thailand 9,000 
Bangladesh 4,000. 
 
 
 
Brunei authorities, social service agencies, and the embassies of 
potential source countries all believe that TIP, if it occurs at all 
in Brunei, is very infrequent and most likely ccurs in the context 
of legal labor agreements nt being honored by either the employer 
or employe.  Such cases are prosecuted (or more often mediated) 
under the Labor Act.  During the year the enfrcement section of 
Department of Labor (DOL) recrded 72 complaints by domestic helpers 
and 288 cmplaints by corporate / garment workers against emloyers 
who failed to pay worker's salaries. Fortyone of the 72 complaints 
by domestic helpers wer resolved through mediation, and 204 of the 
complaints by corporate / garment workers were resolved through 
mediation. 
 
There are four pending cases of criminal prosecution for non-payment 
of salary. 
 
There have been reports of Brunei being a destination of an unknown 
but small number of women for prostitution.  The Embassy of Thailand 
told us that approximately 2-3 Thai national women were arrested 
monthly in Brunei for prostitution.  A small percentage of these 
women asserted that they had been trafficked to Brunei.  However, a 
senior Thai Embassy official found almost all of these claims lacked 
credibility, noting that in one such case, she overheard one 
arrestee tell the other "I told you we should have gone to Hong Kong 
or Tokyo."  Of all the embassies surveyed, only the Thai embassy 
reported one credible case of a woman recruited to work in a 
restaurant who was subsequently forced into prostitution. 
 
¶B. Although the Trafficking and Smuggling Persons Order 2004 is in 
force, no case has been tried under this law.   During the reporting 
period, the government investigated one case as a potential 
violation of anti-TIP law, but brought charges under the 
easier-to-prove Woman and Children's Act.  The case was dropped when 
the victim chose not to testify and left the country. 
 
Most trafficking related cases such as contract switching and 
non-payment salary are tried under Labor Act.   A small country with 
a correspondingly small law enforcement community, GOB lacks 
internal expertise in addressing trafficking issues.  In January 
2007, the GOB joined the International Labor Organization (ILO) and 
plans to ratify some of the ILO's Conventions and Protocols, which 
reflects the GOB's political will to improve labor practices and 
address trafficking issues.  Also under development is a revised 
'Agencies Order' which calls for the screening of recruitment 
agencies to regulate potentially deceptive recruitment practices. 
 
¶C.  GOB officials, noting the very small number of potential 
trafficking cases, state that the lack of trained manpower is the 
main limitation on the GOB's ability to tackle trafficking issues. 
 
 
¶D. The GOB has a national committee that addresses transnational 
crimes including trafficking, and has already in place the 
Trafficking and Person Smuggling Order 2004.   The Immigration and 
National Registration Department monitors and screen movements of 
people entering and exiting the country, not limiting to evidence 
for trafficking in persons and trafficked victims. 
 
----------- 
PREVENTION: 
----------- 
 
¶A. While Brunei acknowledges that trafficking does occur and takes 
the issue seriously, it does not see trafficking as a significant 
problem.  A conservative country with low rates of social crimes 
(including prostitution), Brunei officials and social service 
agencies simply do not have the case load to indicate that TIP is a 
serious problem. 
 
¶B. The government agencies involved in anti-trafficking efforts are 
the Prime Minister's Office, the Ministry of Home Affairs; the 
Ministry of Foreign Affairs and Trade; the Internal Security 
Department; the Immigration and National Registration Department; 
the Royal Brunei Police Force; and the Department of Community 
Development.  The lead agency is the Ministry of Home Affairs. 
 
¶C. Brunei's Attorney General Chambers leads national efforts to 
educate law enforcement and social services agencies on the TIP 
Order.  Training is conducted annually, but lack of staff has meant 
that such efforts are limited in scope. 
 
¶D. During the reporting period,  GoB officials participated in a 
workshop run by the Government of Japan on "Developing a Coordinated 
Inter Agency National Action Plan to Eradicate Trafficking in 
Persons" under the umbrella of the Bali Process on People Smuggling, 
Trafficking in Persons and related Transnational Crime aimed at 
enhancing capacity-building and skill development. 
 
¶E. There are no NGOs or organizations specifically dealing with the 
trafficking in persons issue. 
 
¶F. Immigration and law enforcement officials at Brunei's six major 
entry points screen arrivals and departures and are charged with 
enforcing anti-trafficking laws. 
 
¶G. The National Committee on Transnational Crime (NCTC) under the 
Prime Minister's Office coordinates GOB efforts to combat 
transnational crimes including trafficking and smuggling of persons. 
 It is chaired by a Permanent Secretary in the Prime Minister's 
Office and includes representatives from relevant government 
services.   Brunei's Anti-Corruption Bureau is the enforcement 
agency for public corruption, which falls under the Prime Minister's 
Office. 
 
¶H. Brunei committed under Bali Process as an ASEAN member to fulfil 
the Plan of Action regarding developing a work programme related to 
trafficking in persons.  Following further interagency review, the 
GoB determined that given the very limited scope of trafficking in 
Brunei, current training and enforcement efforts were sufficient and 
that elements of a National Action Plan against TIP were adequately 
addressed in other interagency anti-crime initiatives (see G 
above). 
 
--------------------------------------------- 
INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
--------------------------------------------- 
 
¶A. Brunei enacted the Trafficking and Smuggling of Persons Order, 
2004 in December 20, 2004 which specifically prohibits trafficking 
in persons - both for sexual and non-sexual purposes including 
forced labor.  The Order applies to whether Brunei is the receiving, 
sending, or transit country. 
 
The Children Order 2000 deals specifically with the offense of 
trafficking in children.  Section 33 (1) of the Order provides that 
it is an offense to take any part in any transaction where a child 
is held against his / her will and controlled for any valuable 
consideration.  The penalty is imprisonment, which may extend to 
seven years with ten strokes of the cane or to a fine not exceeding 
$20,000 or both. 
 
The Women and Girls Protection Act provides for protection of women 
and young girls by, inter alia, penalizing the act of knowing or 
associating in the practice of prostitution involving any woman or 
girl, or having reason to believe that such woman or girl will be 
employed or used in prostitution. 
 
¶B. Under Section 6 - the offence of exploiting a trafficked person, 
where the term 'exploitation' is defined as all forms of sexual 
exploitation, stipulates that the exploitation of a trafficked 
person shall be guilty of an offense and liable on conviction to a 
fine not exceeding BND 1,000,000 (approx. USD660,000) imprisonment 
for a term of not less than 4 years but not exceeding 30 years and 
caning. 
 
¶C. It is stipulated that any person who recruits or harbors any 
persons for the purpose of 'exploitation' - defined as including 
forced labor or involuntary servitude - by means of deception, abuse 
of power or of a position of vulnerability, is punishable under 
Section 4 of the Trafficking and Smuggling of Persons Order 2004, 
which carries a fine not exceeding BND 1,000,000 and imprisonment 
for a term of not less than 4 years but not exceeding 30 years and 
caning. 
 
Investigations conducted by the Department of Labour have identified 
labor issues such as: placement in different jobs from those 
initially offered; salary deduction for recruitment fees; salary 
based on false promises; and high recruitment fees paid by the 
prospective employee.  However, investigations did not go further to 
reveal the involvement of errant agencies in the labour-source 
countries.  Labor Department officials told us that a new 'Agencies 
Order' to regulate labor recruitment agencies and their practices is 
under development and expected to be implemented in the coming year. 
 
 
Non-payment of salary cases are tried under the Labor Act. 
Employers who fail to pay wages of their employees will be imposed 
with a BND1,500 fine or imprisonment for a term of 6 months. 
 
¶D. Section 376 of the Penal Code calls for imprisonment of up to 30 
years and caning for the offense of rape.  Should the rape also 
cause harm, cause fear of death or hurt, or involve a minor less 
than 14 years old, the minimum penalty is eight years with a minimum 
of 12 strokes of the cane with the maximum penalty 30 years. 
Trafficking for commercial sexual exploitation, which falls under 
the Section 4 provision of the Human and People Smuggling Order 
2004, carries a fine not exceeding BND 1,000,000 and imprisonment 
for a term of not less than 4 years but not exceeding 30 years and 
caning. 
 
¶E. Prostitution is illegal.  Any individual who sells, lets to hire 
or otherwise disposes of or buys or hires or otherwise obtains 
possession of any woman or girl that shall be employed or used for 
the purpose of prostitution is liable to imprisonment of five years 
and a fine of BND20,000. 
 
¶F. No prosecution has ever been conducted under the Trafficking and 
Smuggling of Persons Order 2004. The GOB reported that one 
investigation was conducted during the reporting period by the 
enforcement agencies into possible trafficking cases for which 
prosecution could have been instituted under the 2004 Order. Due to 
the difficulty in proving the trafficking offence under the 2004 
Order, a decision was made to charge the perpetrators under the 
Women and Girls Protection Act, 1972.  However, the victims were not 
co-operative and were unwilling to stay in the country during 
prosecution and the case was dropped. 
 
In 2004, the Government passed an Employment Agencies Order 2004, 
which regulates activities of employment agency making them 
accountable and responsible for the recruited employees.  Under the 
Order, the Commissioner of Labour may institute proceedings against 
any employment agencies who fail to comply with any provisions of 
this Order.  Provisions of this order include that agencies may not: 
charge or receive any form of fee, remuneration, or profit; 
knowingly or voluntarily deceive any person by giving false 
information; place any person in any occupation injurious to the 
public interest; knowingly send any person to any place for immoral 
purposes; or transfers a license to any other person. 
 
¶G. The Government of Brunei was unable to provide any documentation 
or investigative history of proven cases of trafficking.  There have 
been no/no reports of government officials involved in trafficking. 
 
 
¶H. The three enforcement agencies in Brunei Darussalam empowered to 
investigate alleged offences committed under the Trafficking and 
Smuggling Order 2004 are the Royal Brunei Police Force, the 
Immigration and National Registration Department and the Royal 
Customs and Excise Department. 
 
The Immigration and National Registration Department actively 
conducts enforcement activities in the country (e.g. surveillance or 
raid-style operations). There were 236 immigration violation cases 
recorded in 2006, of which 99 cases were overstayers.  To date, 
there were no arrests or prosecutions for trafficking offences under 
the Order. 
 
¶I. The Attorney-General's Chambers periodically conducts seminars 
for the Immigration and National Registration Department on how to 
recognize trafficking cases. 
 
¶J. To date, there have not been any requests from foreign 
governments for the Government of Brunei to cooperate in the 
prosecution of any trafficking case.  GoB officials have indicated 
that they are fully prepared to cooperate with their counterparts 
should such a request be forthcoming. 
 
¶K. Brunei has not received any request from any foreign country for 
the extradition of persons charged with trafficking offences. 
However, under the new Extradition Order 2006, taken together with 
the Trafficking and Smuggling of Persons Order 2004, the offence of 
trafficking in persons is deemed to be an extraditable offence. 
Under the Extradition Order 2006, Brunei would extradite persons 
charged with the trafficking offence if the extradition request is 
made by any of the listed Commonwealth country, a country with whom 
Brunei Darussalam has an extradition treaty, any other country 
designated under the Order, or any entity or country for the purpose 
of a particular extradition request. 
 
¶L. No. 
 
¶M. Not applicable. 
 
¶N. Not applicable. 
 
¶O. Brunei is neither a State party nor State signatory to any of the 
Conventions or Protocols mentioned reftel.  However, Brunei became a 
member of the International Labor Organization (ILO) on 17 January 
2007 and intends to became a party to and ratify portions of the ILO 
Convention in the near future. 
 
Brunei is a State Party to the Convention on the Rights of the Child 
and a National Committee has been established to monitor and 
implement the obligations contained the said Convention.  Brunei is 
considering accession to the Optional Protocol on the Convention on 
the Rights of the Child on the sale of Children, Child Prostitution 
and Child Pornography.  Brunei has already put in place domestic 
legislation to criminalize trafficking in children through Women and 
Girls Protection Act; Penal Code; Immigration Act; Labour Act; 
Children Order 2000; and Trafficking and Smuggling in Persons Order 
¶2004. 
 
------------------------------------- 
PROTECTION AND ASSISTANCE TO VICTIMS 
------------------------------------- 
 
¶A. The Children Order 2000 (Part VIII) deals with trafficking of 
children, which provides for taking into temporary custody by the 
police or social service agency children who are in need of 
protection.  Children taken for temporary custody are placed in a 
place of safety and are to be examined by a medical officer, who may 
administer such procedures and tests as this may be necessary to 
diagnose the condition and thereafter to provide the necessary 
treatment. 
 
The Women and Girls Protection Act 1972, can also be applied in the 
cases of women and girls trafficked for the purposes of employing or 
using them for prostitution or procured to have carnal connection by 
threats, intimidation or deceit.  It provides for the maintenance of 
a place of safety and the provision for cost of care, maintenance 
and education of women and girls detained therein. 
 
The country does not have a facility dedicated to trafficking per 
say but does have rehabilitation and protection centres (see point F 
below) that would take in trafficked victims. 
 
¶B. The Trafficking and Smuggling of Persons Order 2004, provides for 
the setting up of a fund which can be used for purposes considered 
necessary by the Minister of Home Affairs to give effect or carry 
out the provisions of the Order. 
 
¶C. Currently, there is no formal system of identifying victims of 
trafficking.  Persons can be identified as in need of protective 
services under the Women and Girls Protection Act and the Children 
Order. 
 
¶D. The rights of a child victim in the legal process are been 
safeguarded under the Children Order 2000. That Order prohibits the 
publication of any materials which reveal or tends to reveal the 
identity of the child (which under the act is defined as a person 
under the age of 18 years old). 
 
Under the Criminal Procedure Code, a child victim under the age of 
14 years at the time of the alleged offence (if the trafficking 
involves an assault, injury, or threat of injury or any sexual 
element), may be allowed to give evidence through live television 
link. 
 
The Women and Girls Protection Act 1972, provides that (in the type 
of cases described above), the proceedings shall be held in camera 
and the names, identities or photographs of such women or girls 
shall not be published in any media. 
 
Further, the Attorney-General's Chambers endeavour to ensure that 
victims of any offences, including trafficking offences are fully 
informed of the legal process, including informing them of the 
progress of the cases involving them. 
 
¶E. Brunei police encourage victims to assist in investigation as a 
witness.  The victims are permitted to obtain other employment in 
the country while pending trial proceedings.  There is no known 
victim restitution program. 
 
¶F. The Department of Community Development provides rehabilitation 
and protection centres under the Women and Girls Protection Act 1972 
and the Children Order 2000.  The GoB operates four protection 
centers under these laws, three of which could be used for assisting 
trafficking victims.  Taman Noor Hidayah 2 is a protection centre 
for children, teenagers, and women or wives who are victims of 
sexual abuse, family problems, neglect and for those who need 
protection including trafficked victims.  The Darussakinah 1 is a 
protection home for boys below 18 years old under the Children Order 
2000, who are victims of neglect, abandonment and for those who need 
protection (temporary shelter).  Darussakinah 2 is a protection home 
for girls below 18 years old under the Children Order 2000, who are 
victims of neglect, abandonment and for those who need protection 
(temporary shelter). 
 
The trafficked victims and witnesses will be given basic necessities 
such as food, uniform and safety in the shelter as well as 
counselling services.  Emboffs have visited the Taman Noor facility 
during the reporting period and found conditions there Spartan but 
clean with well-trained, caring staff. 
 
¶G. Some Government officials have attended the Bali Process Workshop 
on Human Trafficking: Victim Support held on 7 November 2006, in 
Bali, Indonesia. 
 
The Department of Community Development has trained counsellors in 
giving counselling to victims to help in rehabilitating the morale 
of the trafficked victims who were involved in negative social 
activities; and to help trafficked victims to gain self-confidence, 
be responsible person to themselves, family, community, religion and 
country. 
 
There is no formal training program run by the GoB for foreign 
embassies.  Post surveyed the embassies of the top five source 
countries for legal labor in Brunei.  Those embassies all reported 
very good cooperation with GoB authorities including police and the 
Labor department.  Because Brunei is dependent on foreign labor and 
the sending countries derive significant revenue from remittances, 
all sides have an interest in ensuring labor codes are adhered to 
and any disputes are resolved quickly and fairly. 
 
¶2. (U) Post's point of contact for trafficking issues is DCM Justin 
Friedman or FSN Political / Military Assistant, Siti M. Mahmud. 
Phone 673-222-9670 ext 2103 or 673-874-0687 or 673-223-1009 or 
MahmudSM@state.gov. 
 
 
FRIEDMAN