VZCZCXYZ0001
RR RUEHWEB

DE RUEHBD #0080/01 0590657
ZNR UUUUU ZZH
R 280657Z FEB 08
FM AMEMBASSY BANDAR SERI BEGAWAN
TO RUEHC/SECSTATE WASHDC 4118
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 000080 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR G/TIP, G, INL, DRL, PRM, EAP/RSP, EAP/MTS 
STATE PASS TO USAID 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB
SUBJECT: BRUNEI TIP REPORT SUBMISSION 
 
REF: STATE 2731 
 
¶1. (SBU) Please find below Post's submission in preparation for the 
annual Trafficking in Persons Report.  Please note paragraph 
designations are 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 approximately 
86,000 persons, just over 22 percent of the nation's population, are 
foreign workers legally resident in Brunei.  With such a large 
foreign worker population, it is possible that a small number of 
persons may escaped detection as having been trafficked into 
Brunei. 
 
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 occurs in the context 
of legal labor agreements not being honored by either the employer 
or employee.  Such cases are prosecuted (or more often mediated) 
under the Labor Act. 
 
¶B. Although the Trafficking and Smuggling Persons Order 2004 is in 
force, no case has been tried under this law.  Most trafficking 
related cases such as contract switching and non-payment of salary 
are tried under the Labor Act.  Authorities considered prosecuting 
one case during the reporting period for trafficking, but lacked 
sufficient evidence to bring the case to trial.  The two foreign 
nationals arrested in this case were convicted for living wholly or 
in part on the proceeds of prostitution, and are currently serving 
their sentences. 
 
In January 2007, the GOB joined the International Labor Organisation 
(ILO) and plans to ratify the Worst Forms of Child Labor Convention, 
¶1999.  The GOB is currently reviewing relevant laws and policy to 
bring them more fully into line with international labor standards. 
 
 
Under the revised Employment Agencies Order of 2004, recruitment 
agencies must be licensed by the government to protect foreign 
workers from exploitation.  All agencies must be licensed by June 
2008 to operate in the country. 
 
¶C. Anti-trafficking policy, programs, and enforcement efforts are 
coordinated by the National Committee on Transnational Crime.  The 
Immigration Department under the Ministry of Home Affairs is the 
lead agency on enforcement.  Other 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 Royal Brunei Police Force, and 
the Department of Community Development. 
 
¶D. As the government of a small country with a correspondingly small 
law enforcement community, the GOB lacks broadly dispersed internal 
expertise in addressing trafficking issues. 
 
¶E. The National Committee on Transnational Crime monitors anti-TIP 
enforcement.  The Immigration and National Registration Department 
(under the Ministry of Home Affairs) monitors and screens movements 
of people entering and exiting the country, including monitoring for 
evidence of trafficking in persons and trafficked victims.  Given 
the very small number of reported possible TIP cases, the GoB does 
not prepare any dedicated reports on trafficking. 
 
-------------------------------------------- 
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 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 valuale 
consideration.  The penalty is imprisonment, which may extend to 
seven years wih ten strokes of the cane or to a fine not exceeding 
BND20,000 (approximately USD 14,285) or both. 
 
Section 5 of the Women and Girls Protection Act provides that any 
person who knowingly lives wholly or in part on the earnings of 
prostitution involving any woman or girl, or in any public place 
persistently solicits or importunes on behalf of a women or girl for 
immoral purposes, is liable to imprisonment of 5 years and to a fine 
of BND 20,000 (approximately USD 14,285). 
 
The Compulsory Education Order 2007 which came into force on 
November 24 2007, requires all children aged from six to fifteen 
years old to attend school.  Violation of the Order will render 
parents of such a child liable to a fine not exceeding BND 5,000 
(approximately USD 3,450).  The Order is meant to ensure all 
children in the country obtain a formal education of at least nine 
school years.  The Order is also intended to prevent parents from 
keeping their children out of school to work during school hours. 
 
¶B. Section 6 of the Trafficking and Smuggling of Persons Order 2004, 
which covers the offense of exploiting a trafficked person where the 
term exploitation is defined as all forms of sexual exploitation, 
stipulates that anyone who engages in exploitation of a trafficked 
person shall be guilty of an offense and liable on conviction to a 
fine not exceeding BND 1,000,000 (approximately USD 714,000) and 
imprisonment for a term of not less than 4 years but not exceeding 
30 years and caning. 
 
¶C. The Trafficking and Smuggling of Persons Order 2004 stipulates 
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, may be punished by a fine not exceeding BND 
1,000,000 (approximately USD 714,000) and imprisonment for a term of 
not less than 4 years but not exceeding 30 years and caning. 
 
Non-payment of salary cases are tried under the Labor Act. 
Employers who fail to pay wages of their employees can be fined BND 
1,500 or imprisoned for a term of 6 months. 
 
The Employment Agencies Order 2004 regulates activities of 
employment agencies making them accountable and responsible for the 
recruited employees.  Under the Order, the Commissioner of Labor may 
institute proceedings against any employment agency which charges or 
receives any form of fee remuneration, or profit beyond those set by 
law or regulation; knowingly or voluntarily deceives any person by 
giving false information; places any person in any occupation 
injurious to the public interest; knowingly sends any person to any 
place for immoral purposes; or transfers a license to any other 
person.  Violations of this law carry penalties of a fine of up to 
BND 5,000 (approximately USD 3,570), imprisonment for a term of up 
to 2 years or both.  The GoB also cooperates with labor sending 
countries that license or certify recruiters to promote open and 
transparent labor contracting processes in labor source countries. 
 
¶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 Trafficking and People Smuggling 
Oder, carries a fine not exceeding BND 1,000,000 (approximately USD 
714,000) 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 BND 20,000 (approximately USD 14,285). 
 
¶F. To date, there have been no prosecutions in Brunei under the 
Trafficking and Smuggling of Persons Order 2004. 
 
During calendar year 2007, Brunei police investigated and made 
arrests in ten cases involving prostitution.  The alleged 
prostitutes were from Thailand, Indonesia, the Philippines and China 
and had entered the country as tourists.  Police investigations 
indicated that the women involved had been identified as prostitutes 
or possible prostitutes by their home country law enforcement 
agencies.  In one case, two women asserted that they were trafficked 
due to the ill-treatment by their handlers.  These women were 
sheltered by their home country embassy but declined to cooperate 
with the police investigation and were returned home to the care of 
their home country social services agency. 
 
In October 2007, two Thai nationals were arrested for living in part 
 
on the earnings of prostitution (pimping).  Three Thai national 
possible victims of trafficking were sheltered at a government 
facility as the police investigated the case as possible trafficking 
in persons.  Due to insufficient evidence of trafficking (the 
victims had come to Brunei voluntarily and contacted the pimping 
couple only after arriving) and a lack of cooperation from the 
possible victims, authorities prosecuted and subsequently convicted 
the pimps under the Women and Girl's Protection Act.  The two 
convicted are currently serving their sentences. 
 
The Department of Labor (DOL) regularly investigates labor-related 
cases involving: placement in different jobs from those initially 
offered; salary deductions for recruitment fees; salary based on 
false promises; and high recruitment fees paid by the prospective 
employee. The GOB can prosecute employers for contract switching 
even if the contractual terms were changed with the consent or 
knowledge of the concerned employees. 
 
DOL regularly conducts surprise inspections of foreign workers at 
their workplace and living quarters to check on possible abuse of 
labor work placements and to ensure the workers' living conditions 
are generally clean and safe. 
 
During the year, police investigated 14 cases of foreign domestic 
helpers who were physically abused by their employers.  Thirteen of 
the victims were female Indonesians and one female Filippino. 
Police reported one male Bangladeshi laborer who was abused by his 
employer. 
 
During calendar year 2007, the DOL 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 
at the end of the year. 
 
Immigration authorities were active and effective in identifying 
violators of immigration law after they had entered the country. 
There were no cases reported of Immigration authorities identifying 
immigration violators as potential trafficking victims during the 
reporting period. 
 
¶G. In August 2007, the Head of the Police Anti-Vice unit attended a 
course in Australia run by the United Nations Office on Drugs and 
Crime (UNODC) on human trafficking and was taught how to identify 
victims.  The Anti-Vice unit conducts periodic refresher training 
for its members on TIP awareness as part of its standard, in-service 
training program. 
 
The Attorney-General's Chambers provides periodic refresher courses 
to the Immigration Department on the Trafficking and Smuggling of 
Persons Order 2004.  In February 2008, Brunei Immigration officers 
attended the Vienna Forum to Fight Human Trafficking, and 
participated the 2007 ASEAN Workshop on Criminal Justice Responses 
to Human Trafficking in Thailand in May 2007. 
 
The Department of Community Development has trained counsellors in 
giving counselling to victims of trafficking and domestic violence 
to help in rehabilitating those who were involved in negative social 
activities and to help the victims to gain self-confidence and "be 
responsible for themselves, their family, community, religion and 
country". 
 
 
 
¶H. During the reporting period, the Immigration Department 
cooperated fully and effectively with U.S. law enforcement in an 
investigation of a possible trafficking case involving persons who 
transited Brunei.  To Post's knowledge, the USG has not sought 
follow up assistance in this case. 
 
¶I. Brunei has not received any request from any foreign country for 
the extradition of persons charged with trafficking offences.  Under 
the new Extradition Order 2006, taken together with the Trafficking 
and Smuggling of Persons Order 2004, the offense 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 countries, 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. 
 
¶J. No. 
 
¶K. Not Applicable. 
 
¶L. Not Applicable, Brunei had fewer than twenty military personnel 
deployed on peacekeeping operations during the reporting period. 
 
¶M. Not Applicable. 
 
------------------------------------ 
PROTECTION AND ASSISTANCE TO VICTIMS 
------------------------------------ 
 
¶A. The Children Order 2000 (part VIII) dealing with trafficking of 
children provides for taking children who are in need of protection 
into temporary custody by the police or social service agency. 
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 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 sexual relations by 
means of 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. 
 
¶B.  The country does not have a facility dedicated to trafficking 
victims but does have rehabilitation and protection centers run by 
the Department of Community Development and staffed with trained 
personnel which take in trafficked victims.  During the year, three 
foreign nationals arrested initially for prostitution were treated 
as victims of trafficking and sheltered at a government-run center. 
The victims subsequently requested repatriation which was funded by 
the Immigration Department.  In such cases, the GoB works with the 
victim's home country embassy to hand over the returning victims to 
social service agencies in their home countries. 
 
¶C. The Trafficking and Smuggling of Persons Order 2004 created a 
government financed fund which can be tapped to cover the cost of 
reparation of smuggled persons and trafficked persons. 
 
¶D. 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. 
One foreign embassy reported that it cooperates with Brunei 
Immigration authorities to provide emergency visitor visa 
permission, as well as shelter and assistance to its nationals who 
have escaped from abusive labor conditions or prostitution (forced 
or not) from neighboring areas of Malaysia. 
 
¶E. Not applicable. 
 
¶F. The rights of a child victim in the legal process are 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 endeavours 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. 
 
¶G. The Brunei police encourage victims to assist in investigations 
as witnesses.  The victims are permitted to obtain other employment 
in the country pending trial proceedings.  There is no known victim 
restitution program. 
 
¶H. The Department of Community Development provides rehabilitation 
and protection centers under the Women and Girls Protection Act 1972 
and the Children Order 2000.  The GoB operates four protection 
centers, 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, and 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). 
 
Victims of trafficking and witnesses will be given basic necessities 
such as food, clothing and safety in the shelter as well as 
counselling services.  Emboffs visited the Taman Noor facility 
during the reporting period and found conditions there spartan but 
clean with well-trained, caring staff. 
 
¶I. The GOB does not provide any centrally coordinated specialized 
training for its officials in identifying trafficking in victims. 
The Brunei Police runs an internal workshop on how to identify 
trafficking victims for members of the anti-vice unit which deals 
with prostitution cases. 
 
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. 
 
¶J. There are no legal provisions in the 2004 Order that require the 
GOB to render assistance to its nationals who are repartriated as 
victims of trafficking.  There were no cases of Brunei trafficking 
victims reported.  Given Brunei's small and closely knit community 
and social structure, such assistance, if ever needed, would likely 
be provided at the village level with the the quiet support of the 
national government. 
 
¶K. There have been no reported cases of international organisations 
or NGOS working with trafficking victims in the country. The monies 
in the trafficking and smuggling of persons fund can be used for the 
promotion of information and education of the public in preventing, 
suppressing or otherwise combating TIP or people smuggling. 
 
 
---------- 
PROTECTION 
---------- 
 
¶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. 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. 
 
¶C. There are no NGOs or organizations specifically dealing with the 
trafficking in person's issue. 
 
¶D. Immigration and law enforcement officials at Brunei's six major 
entry points screen arrivals and departures and are charged with 
enforcing anti-trafficking laws. 
 
¶E. 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 combating public corruption, which falls under the prime 
minister's office. 
 
¶F. Brunei committed under the Bali process as an ASEAN member to 
fulfil the plan of action regarding developing a work program 
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. 
¶G. The GOB believes that societal moral values, combined with Sharia 
law, will deter its citizens from seeking commercial sex acts. 
Brunei's official ideology of Malay Islamic Monarchy emphasizes the 
primacy of Islamic moral values in society.  There are strong social 
taboos in Brunei against participating in, let alone travelling 
abroad for commercial sex acts.  Further, Muslims are subject to 
Sharia law, which prohibits Muslim males or females to be in close 
and suspicious proximity with another person other than his or her 
spouse - an offense referred to as khalwat.  Religious authorities 
actively investigate khalwat - about 691 cases of khalwat were 
reported during calendar 2007.  If convicted, offenders may be 
imprisoned, fined, or lose their government jobs or pensions. 
 
 
SKODON