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Brunei Darussalam

The Kingdom of Brunei has broad terrorism legislation that potentially encompasses the exercise of fundamental human rights as a terrorist offence.

Compliance with International Law:
Last updated: one year ago

The Definition of Terrorism in International Law

The primary terrorism law in Brunei is the 2011 Terrorism Order. The Order defines a terrorist act broadly as follows:

(a) an act or omission in or outside Brunei Darussalam which constitutes an offence within the scope of a counterterrorism convention; or 

(b) the use or threat of action (whether in Brunei Darussalam or elsewhere) -

(i) where the action -

(A) involves serious violence against any person; 

(B) involves serious damage to property; 

(C) endangers any person's life; 

(D) creates a serious risk to the health or safety of the public or a section of the public; 

(E) involves the use of firearms or explosives; 

(F) involves releasing into the environment or any part thereof, or distributing or otherwise exposing the public or any part thereof to (I) any dangerous, hazardous, radioactive or harmful substance; (II) any toxic chemical; (III) any microbial or other biological agent or toxin; or (IV) any nuclear material; 

(G) is designed to disrupt any public computer system or the provision of services directly related to communications infrastructure, banking or any financial services, public utilities, public transportation or public key infrastructure; 

(H) is designed to disrupt the provision of essential emergency services; or 

(I) involves prejudice to public security or national defence; 

(ii) where the use or threat is intended or reasonably regarded as intending to -

(A) influence or compel the Government, any other government or any international organisation to do or abstain from doing any act; or 

(B) intimidate the public or a section of the public.S. 2, 2011 Anti-Terrorism Order. 

There is no carve-out for the exercise of fundamental human rights.

Adherence to Global and Regional Terrorism Treaties

 

Brunei has adhered to most of the main United Nations treaties on terrorism. 

 

Adherence to Global Terrorism Treaties
Treaty Adherence
1973 Convention on Crimes against Internationally Protected Persons State Party
1979 Hostage-Taking Convention State Party
1997 Terrorist Bombings Convention State Party
1999 Terrorist Financing Convention State Party
2005 Nuclear Terrorism Convention State not party

 

It is not known if Brunei has adhered to the 1999 Organisation of Islamic Cooperation (OIC) Convention on Combating International Terrorism.

 

Adherence to Regional Terrorism Treaties
Treaty Adherence
1999 OIC Convention on Combating International Terrorism Status unknown

Laws and Penalties for Terrorist Offences

The death penalty is imposable for certain offences where death is caused. Certain offences are punishable by life imprisonment. Otherwise, and in general, a term of imprisonment of up to thirty years can be imposed for terrorist offences under the 2011 Anti-Terrorism Order.

Counterterrorism Capacities and Policies at Domestic Level

The Royal Brunei Police Force does not have a dedicated counterterrorism unit.

Downloads

Brunei 2011 Terrorism Order

Brunei 2013 Terrorism Financing Regulations