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[Page S2773]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SUBMITTED RESOLUTIONS
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SENATE RESOLUTION 198--CONDEMNING BRUNEI'S DRAMATIC HUMAN RIGHTS
BACKSLIDING
Mr. DURBIN (for himself, Mr. Young, Mr. Menendez, Mr. Rubio, and Mr.
Van Hollen) submitted the following resolution; which was referred to
the Committee on Foreign Relations:
S. Res. 198
Whereas Brunei has been led since 1967 by one of the
world's longest-reigning absolute monarchs, Sultan Haji
Hassanal Bolkiah;
Whereas Brunei gained independence in 1984;
Whereas emergency powers in place in Brunei since 1962
allow the sultan to govern with few limitations to his
authority;
Whereas, according to the United States Department of State
Brunei 2018 Human Rights Report, human rights issues included
censorship, interferences with the rights of peaceful
assembly and freedom of association, crimes involving
violence or threats targeting homosexuality, and exploitation
of foreign workers, including through forced labor;
Whereas Brunei's media are neither free nor diverse, with
broadcasting dominated by the state and private media owned
or controlled by the royal family;
Whereas homosexuality has been illegal in Brunei, carrying
a punishment of up to ten years in prison;
Whereas in 2013, the Government of Brunei announced it was
imposing new laws that included harsher punishments of death
by stoning for adultery and homosexual relations;
Whereas international condemnation resulted in a delay in
carrying out the provisions;
Whereas, in March 2019, the Government of Brunei announced
it was going forward with the penal code to take effect April
3, 2019;
Whereas the law includes, among other things, death by
stoning for male same-sex relations, adultery, and blasphemy,
amputation of limbs for theft, caning for female same-sex
relations, and criminalization of exposure of children to the
beliefs and practices of differing religions;
Whereas, on April 2, 2019, the Department of State said
Brunei's new laws and associated penalties run ``counter to
its international human rights obligations including with
respect to torture or other cruel, inhuman or degrading
treatment or punishment'';
Whereas, on April 18, 2019, the European Parliament adopted
a resolution strongly condemning Brunei for introducing
``retrograde'' laws, calling for their immediate repeal,
urging that Brunei uphold its international obligations under
``international human rights instruments, including with
regard to sexual minorities, religious minorities and non-
believers,'' and suggesting visa bans and asset freezes
should the laws not be repealed;
Whereas the United Nations and international human rights
organizations have denounced the laws, arguing they amount to
torture and a violation of human rights;
Whereas United Nations High Commissioner for Human Rights
Michelle Bachelet urged Brunei to repeal the laws, which
include punishments she called ``cruel, inhuman, and
degrading'' and a ``serious setback for human rights
protections.'';
Whereas Human Rights Watch stated, ``Brunei's new penal
code is barbaric to the core, imposing archaic punishments
for acts that shouldn't even be crimes. . .Sultan Hassanal
should immediately suspend amputations, stoning, and all
other rights-abusing provisions and punishments.'';
Whereas Amnesty International stated, ``Brunei's Penal Code
is a deeply flawed piece of legislation containing a range of
provisions that violate human rights. . .As well as imposing
cruel, inhuman and degrading punishments, it blatantly
restricts the rights to freedom of expression, religion and
belief, and codifies discrimination against women and
girls.''; and
Whereas the United Nations High Commissioner for Human
Rights has also noted that the implementation of these
discriminatory laws will drive people underground and out of
reach of life-saving HIV treatment and prevention services,
increases stigma, and gives license to discrimination,
violence, and harassment: Now, therefore, be it
Resolved, That the Senate--
(1) condemns the Government of Brunei's further
criminalization and barbaric punishments regarding sexual
orientation, adultery, and relations between persons of the
same sex;
(2) calls on the Government of Brunei to expeditiously
repeal such measures; and
(3) supports the withdrawal and denial of United States
visas for any Brunei official responsible for passage or
implementation of such laws until they are repealed.
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