IOM OIM

This Human Trafficking Snapshot was developed to provide background for practitioners who want to conduct counter trafficking activities in Brunei Darussalam (hereafter Brunei).

The Human Trafficking Snapshot serves the following purposes, to:

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Identify key Trafficking in Persons (TIP) trends, including priority target audiences by geography, age, gender, ethnicity and so forth;

Provide an information resource for the counter-trafficking sector and local IOM X partners to ensure consistency of messaging across all related activities.

Provide media consumption data;

HUMAN TRAFFICKING SNAPSHOT

BRUNEI DARUSSALAMSeptember, 2018

TABLE OF CONTENTS

WHAT IS IOM X?

HOW IS THE SNAPSHOT USED?

INTRODUCTION

BRUNEI DEMOGRAPHICS

MIGRATION INFORMATION

HUMAN TRAFFICKING IN BRUNEI

MEDIA CONTEXT

KEY RESOURCES

ENDNOTES

OVERVIEW

HUMAN TRAFFICKING TRENDSCOUNTER-TRAFFICKING ACTIONS

CHALLENGES IN COMBATTING HUMAN TRAFFICKING

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IOM X is the International Organization of Migration’s (IOM) innovative campaign to encourage safe migration and public action to stop exploitation and human trafficking. The campaign leverages the power and popularity of media and technology to inspire young people and their communities to act against human trafficking – the buying and selling of people for the purpose of exploitation – which is happening in every country in the world today. The campaign is produced in partnership with the United States Agency for International Development (USAID) and works closely with celebrities, private sector partners, government agencies, NGOs and youth groups across Asia Pacific.

The Human Trafficking Snapshot is a strategic document used by IOM X to guide the development of key messages and calls-to-action for the prevention of specific country-related TIP themes/issues of IOM X video programmes and activities.

IOM X’s process of creating video programmes and activities involves the use of the Human Trafficking Snapshot and in-country consultations with partners and IOM staff to identify the priority TIP theme/issue in the country. The identi-fied issue and media consumption information is then further analyzed through the application of the Communication for Development (C4D) strategic planning tool. The key output of this process is a briefing document, which outlines key messages and specific calls-to-action to be shared both internally and with relevant partners, including production houses and co-implementing organizations).

Not all information presented in this snapshot is IOM data. To compile this snapshot, IOM X conducted a desk review by consulting an array of sources, including information from governments, international organizations, (I)NGOs and local and international media sources. The snapshot uses the most up-to-date information available and was shared with IOM’s Regional Office for Asia and the Pacific for feedback and input.

HOW IS THE SNAPSHOT USED?

WHAT IS IOM X?

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The country is energy reliant; over 95 per cent of its exports are oil and gas related.4 However, falling oil prices led to a budget deficit of 16 per cent of the GDP in 2015-2016.5 Additionally, according to a report by the oil giant BP, Brunei is set to run out of fossil fuels within the next two decades.6 These conditions have set Brunei on a course to diversify its economy. The government has created a national development plan, Vision Brunei 2035, which lays out a plan for socio-economic development. Vision Brunei 2035 focuses on reforming Brunei’s education, the economy, its local business development, social security and environmental protection.7

With plans to develop local businesses, employment opportunities for native Bruneians should increase, especially in management and leadership positions.8 Economic growth may also mean a higher need for migrant workers to fill 3D (dirty, dangerous and difficult) jobs, which many locals may be unwilling to do. This may raise concerns about labour exploitation, especially of irregular migrant workers, who are not entitled to legal protections.9

Brunei is a source, transit and destination country for trafficking in persons, and has been ranked as Tier 2 (a country whose government does not fully comply with the United States Trafficking Victims Protection Act) by the US State Department Trafficking in Persons Report since 2012. Women from countries in Asia such as Indonesia, Bangladesh, China, the Philippines, Thailand and Malaysia migrate to Brunei primarily for domestic work; some are subjected to involuntary servitude or sexual exploitation upon their arrival.10

Besides Singapore, Brunei is the only other ASEAN country which is not a signatory of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children.11

INTRODUCTION

With a small population and extensive petroleum and natural gas fields, Brunei is one of the wealthiest countries in the world, with a gross domestic product per capita (on a purchasing power parity) of US$78,369.1 Bruneian citizens pay no taxes, the government provides for all medical services and free education through the university level. However, unemployment, especially among youth, is a major issue for the country. The job expectations of young Bruneians do not match the actual opportunities and skills requirements that employers seek.2 Overall about 70-80 per cent of Brunei’s citizens work directly for government or in institutions that are linked to government.3

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Literacy (age 10 and above)

Sources: Brunei Darussalam Department of Economic Planning and Development, CIA World Factbook, ILO, World Bank

Total: 98% (2015 est.) (Male: 98.6%, Female: 97.4%)

Languages Malay (official), English, Chinese dialects

Ethnic Groups Malay 65.9%, Chinese 10.1%, other 23.9% (2011 est.)

BRUNEI DEMOGRAPHICSPopulation 417,200 (2015 est.)

Religions Muslim (official) 78.8%, Christian 8.7%, Buddhist 7.8%, other 4.7% (2011 est.)

Poverty N/A1

Demographic Trends

About 40% of the population is under 25 years old (2015 est.)

Urban vs. Rural Urban: 77.2% of total population

Youth (15-24) Unemployment

Total: 5.9% Male: 5.4% Female: 6.6% (2016 est.)

Rural: 22.8% of total population (2015 est.)

Unemployment 6.9% (2015 est.)

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MIGRATION INFORMATION

Foreign-born residents increased by nearly 80 per cent between 1981 and 2001.12 This growth of migrants is related to the vast economic growth that coincided with this time period. In 2014, there were approximately 120,000 guest workers brought to Brunei to fill jobs in construction, labour, wholesale, retail, technical, administrative and support services.13 The majority of migrant workers in Brunei come from Indonesia, Bangladesh, China, the Philippines, Thailand and Malaysia.14 There were 70,000 Indonesian workers alone reported to be working in the country in 2016.15 While about 60 per cent of these workers are skilled and professional,16 the rest are low skilled, working in low paying jobs such as domestic work.17

Budget air travel has further accelerated migration rates over the past years. The opening up of borders through bilateral or multilateral agreements allowed certain nationalities to enter respective countries without a visa. Increasing human mobility within the region has also opened up opportunities for irregular migration.

Figure 1 - Map of Brunei Darussalam

Many foreign nationals, mainly from the Asia Pacific region, enter the country as visitors but are actually seeking employment. They take advantage of the immigration agreements mentioned above by exiting and returning, usually the same day, to extend their stay in the country without a visa. Once employed (irregularly), visitors continue to extend their stay in the same way. Some illegally purchase employment passes (a form of work permit) from local service providers in order to remain in the country. Irregular migrant practices include overstaying, working on a social visit pass and working as an undocumented worker for another employer that is not declared in their employment pass.18 By omitting regular channels of migration, irregular migrants are more vulnerable to exploitation and human trafficking as they lack legal safeguards such as proper visas. They may be excluded from labour laws due to their irregular status and may avoid contacting authorities if exploited, as they fear forced return to their home countries.

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BRUNEI DARUSSALAM

MALAYSIA

BANDAR SERI BEGAWAN

South ChinaSea

Brunei Bay

HUMAN TRAFFICKING IN BRUNEI DARUSSALAMOVERVIEW

Tier Ranking Tier 2

Sources: US TIP Report (2018; 2017), Global Slavery Index (2018; 2016), ECPAT Brunei, IOM

Transit Brunei is a transit country for women subjected to sex or labour trafficking in Malaysia (through Sarawak) or Indonesia. Victims of trafficking in neighbouring countries have been reported to enter Brunei for work visa re-entry permits.

Source Young people from Brunei have reportedly been trafficked to Australia on student visas to sell drugs or engage in forced sex work.19

Global Slavery Index 19 out of 167 – Low ranks indicate a higher prevalence and risk of modern slavery in the country.

Routes N/A

Destination Brunei is a destination country for women from countries in Asia such as Indonesia, Bangladesh, China, the Philippines, Thailand, and Malaysia that migrate to Brunei primarily for domestic work, or on social visit passes or tourist visas; some are subjected to conditions of forced labour upon their arrival.

Hubs N/A

Traffickers N/A

Internal There are no reports of internal trafficking in Brunei.

Industries involving trafficking

Domestic work and the commercial sex industry.

Victims Victims in Brunei experience exploitative practices such as debt bondage, non-payment of wages, passport confiscation, abusive employers and confinement to the home. Women may be subjected to forced domestic work or forced to work in the sex industry.

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HUMAN TRAFFICKING TRENDS

TREND #1: WOMEN AND CHILDREN TRAFFICKED FOR FORCED DOMESTIC WORK FROM ABROAD TO BRUNEI:

Primarily women and children.

TREND #2: WOMEN AND CHILDREN TRAFFICKED FOR SEXUAL EXPLOITATION FROM ABROAD INTO BRUNEI:

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WHAT?

WHERE?

HOW ARE VICTIMS RECRUITED?

WHO IS AT RISK?

Migrant women and children coming to Brunei.WHO IS AT RISK?

Migrant domestic workers in Brunei who have become victims of trafficking experienced exploitative practices such as their wages were unreflective of the original agreement, not receiving their wages at all, working longer hours than agreed, being locked up, deprived of food and being severely physically abused.21,22

WHAT?Women and children may end up being trafficking for sexual exploitation in Brunei after being falsely promised employment as domestic workers, guest relation officers or restaurant staff.24

Victims come from Indonesia, Bangladesh, China, the Philippines, Thailand and Malaysia.23

WHERE?Victims come from Indonesia, Bangladesh, China, the Philippines, Thailand and Malaysia.25

Women often migrate on social visit passes or tourist visas. Some are originally employed as domestic workers through recruitment agencies.

HOW ARE VICTIMS RECRUITED?Women are being falsely promised employment as domestic workers, guest relation officers or restaurant staff by recruitment agencies.

In August 2011, the Royal Brunei Police Force established the Human Trafficking Investigation Unit (HTU) to specialize in investigating trafficking in persons cases in the country. HTU specializes in conducting investigations under the Trafficking and Smuggling in Persons Order 2004.

Immigration and other law enforcement officials received training to investigate and prosecute suspected offenders and to deal with trafficked victims.27

Police, labour and immigration officials made an effort to raise awareness on human trafficking. In 2015, ten nationwide roadshows that targeted employers, human resource managers, students, migrant workers and the public were held. Additionally, information posters about human trafficking were placed in public spaces, including immigration checkpoints.28

In 2017 Brunei’s attorney general’s chambers paved the way to accede to the 2000 UN TIP Protocol by completing the Anti-Trafficking in Persons Order of 2017.29

COUNTER-TRAFFICKING ACTIONS

The Government of Brunei has taken steps over the last decade to address the issue of human trafficking:

Under the Trafficking and Smuggling Persons Order of 2004, a person convicted of trafficking persons, harbouring smuggled persons or endangering the lives or safety of trafficked or smuggled persons can be fined up to B$1 million (US$700,000), imprisoned for up to 30 years and caned. A person convicted of facilitating trafficking or smuggling persons can be fined up to B$50,000 (US$35,000) and imprisoned for up to 10 years.

In August 2011, Brunei Darussalam established the Specialist Trafficking Unit (HSU), an inter-agency task force comprising representatives from the Prime Minister’s Office, the Royal Brunei Police Force, Attorney General’s Chambers, Immigration and National Registration Department, Labour Department and the Department of Community Development.26

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MEDIA CONTEXT

REPORTED CHALLENGES IN COMBATTING HUMAN TRAFFICKING

Despite the action being taken by the Brunei Government in combatting cross-border human trafficking, several challenges remain. These include the following:

Victim Identification and Support: There may be a lack of understanding and awareness among criminal justice actors of problems faced by women victims in accessing justice.30 There are no formal systems of protection or benefits for foreign victims of trafficking and there were no NGOs to assist trafficking victims. Some NGOs have indicated that victims are sometimes subjected to prosecution for violations of immigration and labour codes.31 However according to the US Trafficking in Persons Report for 2016, the government showed improvement on victim identification and provision of stay in government-run shelters.32

Lack of Prosecution: Less than a handful of prosecutions of trafficking cases occurred within the last four years.33 There is a difficulty to enable prosecution of traffickers due to lack of identification of culprits, but also due to refusal of victims to testify. Victims prefer to return to their home countries, as there is a lack of incentive to stay.34 However, the government has offered employment passes to allow victims to temporarily work in Brunei while assisting in the investigations.35

Lack of Public Awareness: Despite efforts made by government, general awareness is still low. According to a media report, the general public does not know how to recognize human trafficking and exploitative practices, such as withholding payments, contract switching and debt bondage.36

The media context in Brunei is smaller in scale and diversity than in neighbouring countries, however, Brunei citizens can access the Malaysian and international television programmes to a limited extent. Television penetration is essentially universal in Brunei. High mobile penetration rates and growing Internet access provide extensive opportunities to utilize media platforms to engage a multitude of audiences on the issue of human trafficking. However, data on media penetration in Brunei is incomplete. Also, rapidly changing media access and rising popularity may cause numbers to change fast over short periods of time, limiting the precision of the following numbers.

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Penetration Rate

Television

Internet

Radio

Mobile phones

Print

98.33% (2001 est.)37

71.2% (2015 est.)38

N/A

N/A

109%40

Top broadcasters: Radio Television Brunei – operates five TV channels, Malaysian and International news through satellite, popular Chanel: Brunei Free TV1 Genres: N/A

Usage: Mobile Internet use is widespread with 58% of the population accessing the Internet through mobile devices.42

Radio Television Brunei runs five radio networks broadcasting in Malay, English, Mandarin Chinese and Gurkhali. Kristal FM is a private station. There are also two British radio stations.41

Newspapers are the Borneo Bulletin and Brunei Times (English), two Malaysian newspapers – Media Permata and Pelita Brunei, and a few Chinese newspapers.

Demographics: 33% of Internet users are between the ages of 18-2439 Social Media: 69% of the population is on social media.40

Users: Facebook: 63%, other social media platforms N/A

KEY RESOURCESYouth Against Slavery Brunei: This youth initiative is raising awareness on human trafficking in Brunei and across the ASEAN region. Facebook: https://www.facebook.com/YASbruneiTwitter: https://twitter.com/YASBrunei

MEDIA CONTEXT

The media context in Brunei is smaller in scale and diversity than in neigh-bouring countries, however, Brunei citizens can access the Malaysian and international television programmes to a limited extent. Television penetration is essentially universal in Brunei. High mobile penetration rates and growing Internet access provide extensive opportunities to utilize media platforms to engage a multitude of audiences on the issue of human trafficking. However, data on media penetration in Brunei is incomplete. Also, rapidly changing media access and rising popularity may cause numbers to change fast over short periods of time, limiting the precision of the following numbers.

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Media Relevent informaiton

ENDNOTES

1 World Bank, GDP per Capita, PPP (current international $) (2017). Available from http://data.worldbank.org/indicator/NY.GDP.PCAP.PP.CD?locations=BN. 2 International Labor Organization, Brunei Darussalam (N/A). Available from http://www.ilo.org/asia/countries/brunei-darussalam/lang--en/index.htm.3 The Diplomat, “Brunei’s Economy Running on Empty”, 17 February 2016. Available from http://thediplomat.com/2016/02/bruneis-economy-running-on-empty/. 4 The Diplomat, “Brunei’s Economy Running on Empty”, 17 February 2016. Available from http://thediplomat.com/2016/02/bruneis-economy-running-on-empty/.5 The Diplomat, “Brunei’s Economy Running on Empty”, 17 February 2016. Available from http://thediplomat.com/2016/02/bruneis-economy-running-on-empty/.6 The Economist, “Brunei – All Pray and No Work”, 13 August 2015. Available from http://www.economist.com/news/asia/21661040-autocratic-sultanate-turns-more- devout-oil-money-declines-all-pray-and-no-work.7 International Labor Organization, Brunei Darussalam (N/A). Available from http://www.ilo.org/asia/countries/brunei-darussalam/lang--en/index.htm.8 Embassy of Brunei Darussalam to the United States of America, Brunei Vision 2035 – Wawasan 2035 (N/A). Available from http://www.bruneiembassy.org/brunei-vision -2035.html. 9 Regional Thematic Working Group on International Migration including Human Trafficking, Situation Report on International Migration in East and South-East Asia (2008).10 US Department of State, Trafficking in Persons Report (June 2016). Available from http://www.state.gov/j/tip/rls/tiprpt/2016/.11 Rappler, “Looking back: First anti-trafficking law in Southeast Asia”, 26 May 2015. Available from http://www.rappler.com/newsbreak/iq/94362-looking-back-ph-first- anti-trafficking-law-asean.12 Regional Thematic Working Group on International Migration including Human Trafficking, Situation Report on International Migration in East and South-East Asia (2008), p. 7.13 US Department of State, Brunei Investment Climate Statement (2015). Available from https://www.state.gov/documents/organization/241706.pdf.14 US Department of State, Trafficking in Persons Report (June 2016). Available from http://www.state.gov/j/tip/rls/tiprpt/2016/.15 The Jakarta Post, “Indonesia to Raise Minimum Wage for Migrant Workers in Brunei” 4 August 2016. Available from http://www.thejakartapost.com/news/ 2016/08/04/indonesia-to-raise-minimum-wage-for-migrant-workers-in-brunei.html. 16 The Jakarta Post, “Indonesia to Raise Minimum Wage for Migrant Workers in Brunei” 4 August 2016. Available from http://www.thejakartapost.com/news/ 2016/08/04/indonesia-to-raise-minimum-wage-for-migrant-workers-in-brunei.html.17 Regional Thematic Working Group on International Migration including Human Trafficking, Situation Report on International Migration in East and South-East Asia (2008), p. 7.18 Regional Thematic Working Group on International Migration including Human Trafficking, Situation report on International Migration in East and South-East Asia (2008). 19 ECPAT, Stop Trafficking of Children and Young People (N/A).

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20 The Brunei Times, “Brunei on Tier 2 on Human Trafficking List”, 22 June 2012. Available from http://www.bt.com.bn/news-national/2012/06/22/brunei-tier-2- human-trafficking-list.21 UNODC, Global Report on Trafficking in Persons (New York, 2014).22 The Brunei Times, “Thailand stems human trafficking into Brunei”, 22 December 2014. Available from http://www.bt.com.bn/frontpage-news-national/2014/12/22/ thailand-stems-human-trafficking-brunei. 23 US Department of State, Trafficking in Persons Report (June 2016). Available from http://www.state.gov/j/tip/rls/tiprpt/2016/.24 ECPAT, Stop Trafficking of Children and Young People (N/A).25 US Department of State, Trafficking in Persons Report (June 2016). Available from http://www.state.gov/j/tip/rls/tiprpt/2016/.26 UNODC, East Asia and the Pacific (N/A). Available from https://www.unodc.org/ documents/data-and-analysis/glotip/GLOTIP14_Country_profiles_East_Asia_ Pacific.pdf (accessed 17.08.2015).27 ECPAT, Stop Trafficking of Children and Young People (N/A).28 US Department of State, Trafficking in Persons Report (June 2016). Available from http://www.state.gov/j/tip/rls/tiprpt/2016/. 29 US Department of State, Trafficking in Persons Report (July 2018). Available from http://www.state.gov/j/tip/rls/tiprpt. 30 Brunei Times, “Workshop on Human Trafficking February 3-5”, 1 February 2014. Available from http://www.bt.com.bn/news-national/2014/02/01/workshop-human -trafficking-feb-3-5.31 ECPAT, Stop Trafficking of Children and Young People (N/A).32 US Department of State, Trafficking in Persons Report (June 2016). Available from http://www.state.gov/j/tip/rls/tiprpt/2016/.33 US Department of State, Trafficking in Persons Report (June 2016). Available from http://www.state.gov/j/tip/rls/tiprpt/2016/.34 Borneo Post Online, “Brunei Tier 2 country for human trafficking”, 29 January 2014. Available from http://www.theborneopost.com/2014/01/29/brunei-tier-2-country- for-human-trafficking/. 35 Borneo Bulletin, “Brunei urged to do more to curb human trafficking”, 29 July 2015. Available from http://borneobulletin.com.bn/brunei-urged-to-do-more-to-curb- human-trafficking/.36 Nation Master, Brunei Media Stats (2001). Available from http://www.nationmaster.com/ country-info/profiles/Brunei/Media. 37 US Central Intelligence Agency, The World Factbook: Brunei (N/A). Available from https://www.cia.gov/library/publications/the-world-factbook/geos/bx.html.38 We are Social, Social, Digital, and Mobile in Brunei (December 2011). Available from http://www.slideshare.net/wearesocialsg/we-are-socials-guide-to-social- digital-and-mobile-in-brunei-darussalam-dec-2011.39 We are Social, Digital, Social & Media in Southeast Asia (November 2015). Available from http://www.slideshare.net/wearesocialsg/digital-social-mobile-in-southeast- asia-in-2015/23-wearesocialsg_23We_Are_SocialACTIVEINTERNET_USERSTOTAL POPULATIONACTIVE. 40 Nation Master, Brunei Media Stats (2001). Available from http://www.nationmaster.com/ country-info/profiles/Brunei/Media.

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41 Budde Comm, Brunei’s TelBru launches nationwide WiFi service (2016). Available from https://www.budde.com.au/Research/Brunei-Darussalam-Telecoms-Mobile- and-Broadband-Statistics-and-Analyses.42 We are Social, Social, Digital and Mobile in APAC (2014). Available from http://www.slideshare.net/wearesocialsg/social-digital-mobile-in-apac.

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