Brunei’s Sultan Hassanal Bolkiah delivers a speech during an event in Bandar Seri Begawan on Wednesday. He called for ‘stronger’ Islamic teachings in the country as tough new sharia laws, including death by stoning for gay sex and adultery, came into force. AFP
Dear Editor,
On behalf of the International AIDS Society (IAS), we, the officers and Regional Representatives of Asia and the Pacific Islands of the IAS Governing Council, express our grave concern regarding the anti-gay laws in Brunei Darussalam.
From Wednesday, Brunei Darussalam will impose death by stoning as punishment for gay sex and adultery, as provided for in sections of the country’s Syariah Penal Code Order 2013.
This comes against a backdrop of discrimination against gay and other men who have sex with men in the country.
It has caused widespread concern among lawmakers, human rights organisations and politicians around the world.
This development is in clear contravention of the Universal Declaration on Human Rights.
It is also contrary to Brunei’s stated commitment to end the AIDS epidemic by 2030.
In 2016, the Sultan of Brunei signed the Asean Declaration of Commitment on HIV and AIDS, committing the country to “focus and target HIV and AIDS programmes for key affected populations”, and pledging to ensure achievement of the UNAIDS 90-90-90 targets.
Hostile environment
It builds on previous Association of Southeast Asian Nations (Asean) commitments that have called for political will and leadership and meaningful partnerships with stakeholders and key affected populations.
These targets and commitments will never be met if the government persecutes gay and other men who have sex with men.
Brunei Darussalam also committed to “expanding efforts, in accordance with national legislation and priorities, to provide a supportive environment to reduce stigma and discrimination towards key affected populations”.
However, its anti-gay measures reinforce stigma and discrimination against gay and other men who have sex with men and hamper progress to ensure safe access to health services.
Homophobia continues to be a major barrier to ending the global AIDS epidemic.
Fear and persecution foster a hostile environment that undermines efforts of HIV programmes.
The number of HIV cases diagnosed in Brunei Darussalam since the first confirmed case of HIV in 1986 is relatively low, at 265.
Yet new infections have been steadily increasing since 2014, with 20 new cases reported annually.
New infections since 2014 constitute 62 per cent of total HIV cases. Discrimination and homophobia drive many people away from the services that they need by creating barriers to testing and access to treatment, care and support.
Brunei’s Ministry of Health is a signatory to the UN political declaration to end the AIDS epidemic by 2030.
Cruel and inhuman
The Minister of Health on World AIDS Day 2018 called for targeted prevention interventions and engagement with key affected populations. He also declared that HIV-related stigma “leads to social isolation, lowers self-esteem and damages mental health.
No one should have to face it and we all have our part to play in stamping it out.”The legal environment is not aligned to enabling the realisation of this commitment – instead, it utterly undermines these objectives.
We strongly urge the Government of Brunei Darussalam to halt the introduction of these cruel and inhuman measures and to revise the Syariah Penal Code Order 2013 to ensure that it aligns with its human rights and other international obligations and abides by the commitments made to ASEAN and the UN.
We plead with our colleagues in Brunei Darussalam to respect their commitments to ending the AIDS epidemic and to fast tracking and sustaining the ASEAN response to HIV and AIDS.
We plead with them to review legislation, programmes and practices so that they are truly in accordance with the principles of universal health coverage and that they align to enable – rather than persecute – gay and other men who have sex with men to have full access to services.
Signed,
IAS Governing Council Asia and the Pacific Islands Regional Representatives
Adeeba Kamarulzaman, IAS President-Elect, Faculty of Medicine, University of Malaya, Kuala Lumpur, Malaysia.
Shuzo Matsushita, Centre for AIDS Research, Kumamoto University, Japan.
Sharon Lewin, Doherty Institute for Infection and Immunity, University of Melbourne, Australia.
Nittaya Phanuphak, The Thai Red Cross AIDS Research Centre, Bangkok, Thailand.
Ishwar Gilada, Unison Medicare & Research Centre, Mumbai, India.
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The mission of the International AIDS Society (IAS) is to lead collective action on every front of the global HIV response through its membership base, scientific authority and convening power.
Founded in 1988, the IAS is the world’s largest association of HIV professionals, with members from more than 160 countries working on all fronts of the global response to HIV. Together, they advocate and drive urgent action to reduce the global impact of HIV.
