Brunei

The legal system of the Sultanate of Brunei is a hybrid one, with Shariah running in parallel to the common law of the land. Several provisions of the 2013 Syariah Penal Code, which took effect in 2019, criminalize consensual same-sex sexual acts between adults. Acts of “sodomy” (liwat) are punishable by death by stoning under Article 82. Article 92 punishes women engaging in sexual activity with another woman (musahaqah) by lashing (up to 40 strokes), a fine, a prison sentence, or a combination of any two of the punishments. Article 198 outlaws “any man who dresses and poses as a woman” or “any woman who dresses and poses as a man” in any public space without a reasonable excuse, with an aggravated sentence if the individual is deemed to be dressing for immoral purposes. 

Following international backlash, the sultan declared that he would extend a moratorium on the death penalty, which, although positive, does not take away the harshness of the criminalizing provisions and their terrorizing impact on the lives of sexual and gender minorities. The moratorium on the death penalty is still in place as of 2025.

Given this draconian legal framework, LGBTQ individuals are forced into secrecy and face a deepening climate of fear with high levels of discrimination and stigma. There is no known LGBTIQ organization operating either formally or informally in the country.

*Outright research indicates that the bodily autonomy of intersex people is not respected and protected in this country.