[Human Trafficking, Country-by-Country ]

BRUNEI (Tier 2 Watch List) – Extracted in part from the U.S. State Dept 2023 TIP Report - Brunei

The Government of Brunei does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so. The government made key achievements during the reporting period, considering the impact of the COVID-19 pandemic, if any, on its anti-trafficking capacity; therefore Brunei was upgraded to Tier 2 Watch List. These achievements included referring two alleged labor traffickers for prosecution, including one Bruneian national; identifying 14 labor trafficking victims and providing them with special passes to find alternate employment in Brunei, which facilitated their participation in the prosecution of the alleged traffickers; opening two shelters for trafficking victims; passing regulations limiting worker-paid recruitment fees for domestic workers; and signing a bilateral MOU with the Government of Bangladesh on the recruitment of migrant workers. Despite these achievements, the government did not effectively screen for trafficking among foreign nationals in commercial sex and migrant workers who had left their employers. As a result, the government handled some potential trafficking cases administratively, if at all, and due to a lack of effective identification procedures, authorities likely inappropriately detained, prosecuted, and deported potential unidentified sex and labor trafficking victims. Additionally, for the sixth consecutive year, the government did not convict any traffickers under its anti-trafficking law, and other laws that could be used to prosecute traffickers did not provide sufficiently stringent sentences. The government did not take steps to eliminate worker-paid recruitment fees for non-domestic workers – the majority of migrant workers in Brunei.

Prioritized Recommendations

Increase efforts to investigate, prosecute, convict, and seek adequate penalties of significant prison terms for both sex and labor traffickers, including complicit government officials.

Disseminate and train officials on SOPs for victim identification, particularly their application to individuals in commercial sex, domestic workers, LGBTQIA+ individuals, and migrant workers.

Ensure victims are not inappropriately penalized solely for unlawful acts committed as a direct result of being trafficked.

Train investigators and prosecutors on building trafficking cases, including collecting evidence to corroborate victim testimony and to identify elements of trafficking among labor and immigration violations.

Train judges on accurate and effective implementation of trafficking laws, including through understanding the many ways traffickers coerce victims.

Increase protective services to provide incentives for victims to participate in investigations and prosecutions, including by allowing at-will communication with people outside shelter facilities and issuing work permits to all victims.

Establish a formal communication mechanism to regularly collaborate and learn from foreign government embassies about suspected trafficking crimes.

Allocate resources and develop the capacity to proactively screen for trafficking at People’s Republic of China (PRC) worksites and on fishing vessels in Brunei’s exclusive economic zone.

Ensure migrant workers receive and can retain copies of their work contracts and information on their rights and obligations under Brunei law in their primary languages.

Issue guidelines on the prohibition of recruitment agencies charging or receiving worker-funded fees and eliminate worker-paid recruitment fees.

Utilize the victims’ fund to provide compensation to trafficking victims.

Offer foreign victims long-term alternatives to removal from the country.