Data Dashboards

Brunei Darussalam
Measurement
Measuring the Change

using prevalence data providing the widest temporal coverage of the most complete and comparable measures available by ICLS standards.

Due to lack of nationally representative data, there is no change to report.

%
Best Target 8.7 Data: Child Labour Rate

No data available

Data Availability
  • Child labour: No ILO/UNICEF data
  • Forced labour: No nationally representative data
  • Human trafficking: No nationally representative data
Context
Human Development

Human Development Index Score: 0.845 (2018)

Mean School Years: 9.1 years (2018)

Labour Indicators

Vulnerable Employment: 6.0% (2018)

Working Poverty Rate: 0.0% (2020)

Government Efforts
Key Ratifications
  • ILO Protocol of 2014 to the Forced Labour Convention, P029: Not Ratified
  • ILO Worst Forms of Child Labour Convention, C182: Ratified 2008
  • UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol): Accession 2020
National Strategies

No national strategies

Social Protection Coverage

General (at least one): No data

Unemployed: No data

Pension: 81.7% (2011)

Vulnerable: No data

Children: No data

Disabled: No data

Poor: No data

Measurement of child labour prevalence has evolved considerably over the past two decades. Estimates of child labour incidence are more robust and exist for more countries than any other form of exploitation falling under SDG Target 8.7.

No nationally representative data is available on child labour prevalence in Brunei Darussalam.

Visit the How to Measure the Change page for information on ILO-SIMPOC methods and guidelines for defining, measuring and collecting data on child labour.

Measuring the incidence of forced labour is a much more recent endeavour and presents unique methodological challenges compared to the measurement of child labour.

No nationally representative data is available on forced labour prevalence in Brunei Darussalam.

Visit the How to Measure the Change page for information on new guidelines presented by the International Labour Organization and adopted by the International Conference of Labour Statisticians.

The challenges in estimating human trafficking are similar to those of estimating forced labour, though recent innovations in estimation have begun to produce prevalence estimates in developed countries.

No nationally representative data is available on human trafficking prevalence in Brunei Darussalam.

Visit the How to Measure the Change page to learn about measuring human trafficking prevalence, including information on collecting data through national referral mechanisms and producing prevalence statistics using Multiple Systems Estimation (MSE).

Case Data: International and Non-Governmental Organizations

Civil society organizations (CSOs) focused on human trafficking victim assistance can serve as crucial sources of data given their ability to reach a population that is notoriously difficult to sample.

Counter Trafficking Data Collaborative (CTDC): The International Organization for Migration (IOM), Polaris and Liberty Asia have launched a global data repository on human trafficking, with data contributed by counter-trafficking partner organizations around the world. Not only does the CTDC serve as a central repository for this critical information, it also publishes normed and harmonized data from various organizations using a unified schema. This global dataset facilitates an unparalleled level of cross-border, trans-agency analysis and provides the counter-trafficking movement with a deeper understanding of this complex issue. Equipped with this information, decision makers will be empowered to create more targeted and effective intervention strategies.

Prosecution Data

UNODC compiles a global dataset on detected and prosecuted traffickers, which serves as the basis in their Global Report for country profiles. This information is beginning to paint a picture of trends over time, and case-specific information can assist investigators and prosecutors.

Key aspects of human development, such as poverty and lack of education, are found to be associated with risk of exploitation. Policies that address these issues may indirectly contribute to getting us closer to achieving Target 8.7.

Human Development Index (Source: UNDP)

The Human Development Index (HDI) is a summary measure of achievements in three key dimensions of human development: (1) a long and healthy life; (2) access to knowledge; and (3) a decent standard of living. Human development can factor into issues of severe labour exploitation in multiple ways.

The chart displays information on human development in Brunei Darussalam between 1990 and 2018. Only certain sample years have data disaggregated by sex. 

The most recent year of the HDI, 2018, shows that the average human development score in Brunei Darussalam is 0.845. This score indicates that human development is very high.

HDI Education Index (Source: UNDP)

Lack of education and illiteracy are key factors that make both children and adults more vulnerable to exploitive labour conditions.

As the seminal ILO report Profits and Poverty explains:

“Adults with low education levels and children whose parents are not educated are at higher risk of forced labour. Low education levels and illiteracy reduce employment options for workers and often force them to accept work under poor conditions. Furthermore, individuals who can read contracts may be in a better position to recognize situations that could lead to exploitation and coercion.”

The bars on the chart represent the Education Index score and the line traces the mean years of education in Brunei Darussalam over time.

 

Decent work, a major component of SDG 8 overall, has clear implications on the forms of exploitation within Target 8.7. Identifying shortcomings in the availability of equitable, safe and stable employment can be a step in the right direction towards achieving Target 8.7.

HDI Vulnerable Employment (Source: UNDP)

There are reasons to believe that certain types of labour and labour arrangements are more likely to lead to labour exploitation. According to the ILO:

“Own-account workers and contributing family workers have a lower likelihood of having formal work arrangements, and are therefore more likely to lack elements associated with decent employment, such as adequate social security and a voice at work. The two statuses are summed to create a classification of ‘vulnerable employment’, while wage and salaried workers together with employers constitute ‘non-vulnerable employment’.”

Between 1991 and 2018, Brunei Darussalam showed an increase in the proportion of workers in vulnerable employment as compared to those in secure employment.

 

Labour Productivity (Source: ILO)

Labour productivity is an important economic indicator that is closely linked to economic growth, competitiveness, and living standards within an economy.” However, when increased labour output does not produce rising wages, this can point to increasing inequality. As indicated by a recent ILO report (2015), there is a “growing disconnect between wages and productivity growth, in both developed and emerging economies”. The lack of decent work available increases vulnerability to situations of labour exploitation. 

Labour productivity represents the total volume of output (measured in terms of Gross Domestic Product, GDP) produced per unit of labour (measured in terms of the number of employed persons) during a given period.

Research to date suggests that a major factor in vulnerability to labour exploitation is broader social vulnerability, marginalization or exclusion.

Groups Highly Vulnerable to Exploitation (Source: UNHCR)

Creating effective policy to prevent and protect individuals from forced labour, modern slavery, human trafficking and child labour means making sure that all parts of the population are covered, particularly the most vulnerable groups, including migrants.

According to the 2016 Global Estimates of Modern Slavery: “Almost one of every four victims of forced labour were exploited outside their country of residence, which points to the high degree of risk associated with migration in the modern world, particularly for migrant women and children. “

As IOM explains: “Although most migration is voluntary and has a largely positive impact on individuals and societies, migration, particularly irregular migration, can increase vulnerability to human trafficking and exploitation.” UNODC similarly notes that: “The vulnerability to being trafficked is greater among refugees and migrants in large movements, as recognized by Member States in the New York declaration for refugees and migrants of September 2016.”

The chart displays UNHCR’s estimates of persons of concern in Brunei Darussalam.

Achieving SDG Target 8.7 will require national governments to take direct action against the forms of exploitation through policy implementation.

 

Official Definitions
Unlawful Compulsory Labour

Penal Code, 1951

“Unlawful compulsory labour
374. Whoever unlawfully compels any person to labour against the will of that person shall be punished with imprisonment for a term not exceeding 3 years and fine.”

Child Labour

Employment Order, 2009

“2. In this Order, unless the context otherwise require—
“”child”” means a person who has not attained the age of 15 years.
“”young person”” means a person who has attained the age of 15 years but who has not attained the age of 18 years.”

“9.1. A person who has not attained the age of 16 years shall not be capable of entering into a contract of sevice.
9.2. Notwithstanding anythign ocntained in any other written law, a person who has attained the age of 16 years but who has not attained the age of 18 years shall be capable of entering into a contract of service in an occupation approved by the Commissioner as not being injurious to the moral and physical development of youths. ”

“103.1. No person shall employ a child in an industrial undertaking or ina an undertaking which is not an industrial undertaking, except as provided for in subsections 2 and 3.
103.2. A child may be employed in an industrial undertaking in which only members of the same family are employed.
3. A child who has attained the age of 14 years may be employed in light work suited to his capacity in an undertaking which is not in industrial undertaking.
4. For the purposes of subsection 3, a certificate of a medical practitiioner shall be conclusive on the question of wheter any work is suited to the capacity of any particular child.”

107. Approved employment

Worst Forms of Child Labour

Employment Order, 2009

9.2. Notwithstanding anything contained in any other written law, a person who has attained the age of 16 years but who has not attained the age of 18 years shall be capable of entering into a contract of service in an occupation approved by the Commissioner as not being injurious to the moral and physical development of youths.

104.1. No young person shall be employed in any industrial undertaking which the Minister has declared under subsection 2 to be an industrial undertaking in which no young person shall be employed.

Children and Young Persons Act, 2006

Interpretation.
2. (1)
In this Act, unless the context otherwise requires —
“child” means a person who has not attained the age of 14 years;
PART VIII
TRAFFICKING IN CHILDREN AND YOUNG PERSONS

Human Trafficking

Trafficking and Smuggling of Persons Order, 2004

“Interpretation.
2. In this Order, unless the context otherwise requires –
“”child”” means a person who is under 18;
“”people trafficking”” means the recruitment, transportation, transfer, harbouring or receipt of a person for the purposes of exploitation, as set out in section 4 or 5;”

Governments can take action to assist victims and to prevent and end the  perpetration of forced labour, modern slavery, human trafficking and child labour. These actions should be considered in wider societal efforts to reduce prevalence and move towards eradication of these forms of exploitation.

Programs and Agencies for Victim Support

Policies for Assistance
Policies for assistance, child labour

Employment Order, 2009

108. A child or young person in respect of whom any of the offences mentioned in this Part has been committed may be brought before any court and that court, if satisfied that the child or young person is in need of care or protection, may exercise with respect to that child or young person all or any of the powers conferred by section 262 of the Criminal Procedure Code or by any other written law.

Policies for assistance, general

Penal Code, 1951

“Act to which person is compelled by threats
94. Except murder and offences under section 121, punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence:
Provided the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint.
Explanation 1 — A person who, of his own accord, or by reason of a threat of being beaten, joins a gang of robbers, knowing their character, is not entitled to the benefit of this exception on the ground of his having been compelled by his associates to do anything that is an offence by law.
Explanation 2 — A person seized by a gang of robbers, and forced, by threat of instant death, to do a thing which is an offence by law — for example, a smith compelled to take his tools and to force the door of a house for the gang-robbers to enter plunder it — is entitled to the benefit of this exception.”

“Consent known to be given under fear or misconception and consent of child or person of unsound mind
90. A consent is not such a consent as is intended by any section of this
Code if —

(a) the consent is given by a person under fear of injury or under a misconception of fact; and
(b) the person doing the act knows, or has reason to believe, that —

(i) the consent was given in consequence of such fear or misconception;
(ii) the consent is given by a person who, from unsoundness of mind or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or
(iii) unless the contrary appears from the context, the consent is given by a person who is under the age of 12 years.”

Children and Young Persons Act, 2006

“Power of protector to require security.
38. If a protector has reasonable cause to believe that any child or young
person —

(a) has been brought into Brunei Darussalam after having been transferred for either valuable consideration, or by fraud, misrepresentation or any false pretence;
(b) has been transferred to the care, custody or control of any person for valuable consideration, either within or outside Brunei Darussalam; or
(c) is being detained against his will by any person other than his guardian,
he may either —

(i) require any person in whose care or custody or under whose control the child or young person appears to be, to furnish him with copies of such child or young person’s and that person’s own photographs, and to furnish security to the satisfaction of the protector that such child or young person will not leave the District in which he then is without the previous written consent of the protector, and will not be transferred to the care, custody or control of any other person without the previous written consent of the protector, and that he will be produced before the protector whenever he so requires; or
(ii) if default be made in complying with any requirement made under sub-paragraph (i), make an order that the child or young person be taken out of the care, custody or control of the person having such care, custody or control of and committed to a place of safety or, on such security and on such conditions as the protector may require, to the custody of a relative or other fit person until the child or young person attains the age of 18 years or for any shorter period.”

Women and Girls Protection Act, 1972

Criminal Procedure Code, 2001

“Chapter XXIII
Mode of Taking and Recording Evidence in Inquiries and Trials”

Policies for assistance, Human trafficking

Trafficking and Smuggling of Persons Order, 2004

“Trafficking and Smuggling of Persons Fund.
19. (1) There is hereby established a fund called the Trafficking and Smuggling of Persons Fund which, subject to this section, shall be administered and managed by the Permanent Secretary.
(2) The Fund shall consist of –

{a) all amounts contributed by the Government towards the establishment or maintenance of the Fund from the Consolidated Fund or any other sources;
{b) all sums recovered under or in satisfaction of a judgment of any court under this Order; and
{c) subject to section 21, all fines imposed by any court under this Order,

(3) For the purpose of this Order, monies paid into the Fund shall not form part of the Consolidated Fund.
(4) Subject to subsection (5), monies in the Fund shall be applied for –

{a) financing the cost of repatriation of smuggled persons and trafficked persons;
{b) the promotion of information and education of the public in preventing, suppressing or otherwise of people trafficking and people smuggling;
{c) rewards to any person in preventing or suppressing people trafficking and people smuggling; or
{d) such other purposes as the Minister may consider necessary or expedient for giving effect to and carrying out the provisions of this Order.

(5) The Permanent Secretary shall consult the Attorney General before applying the Fund for any of the purposes set out in subsection (4).
(6) Monies paid into the Fund, while not being applied for any of the purposes set out in subsection (4), shall be placed in the name of the Fund, in a current or deposit account, with one or more banks selected by the Permanent Secretary, and any interest earned on such monies while held in any such account shall be credited to such account.
(7) The accounts of the Fund shall be audited at least once annually by the Auditor General and the duly audited accounts shall be presented to the Minister of Finance.
(8) In this section-
“”Fund”” means the Trafficking and Smuggling of Persons Fund established by subsection (1);
“”Permanent Secretary”” means the Permanent Secretary to the Ministry of Home Affairs.”

Penalties
Penalties, Child Labour

Employment Order, 2009

“Offences (for Section 9)
27. Any employer who —

a. fails to comply with any order or requirement made by the Commissioner in purusance of the provisions of this Part or
b. enters into a contract of service contrary to any provision of this Part,
is guilty of an offence and liable on conviction to a fine not exceeding $3,000, imprisonment for a term not exceeding one year or both”

“Offences (for section 103+)
110.1. Any —

a. person who employs a child or young person in contravention of the provisions of this Part or any of the regulations made thereunder;
b. parent or guardian who knowingly or negligently suffers or permits any such employment,
is guilty of an offence and liable on conviction to a fine not exceeding $2,000, imprisonemnt for a term not exceeding 2 years or both.

2. In the case where a child or young person suffers serious injury or death resulting from any breach of the provisions of this Part or any regualtions made thereunder, the offender is guilty of an offence and liable on a further conviction to a fine not exceeding $2,000 and imprisonement for a term not exceeding 2 years.”

149. Offences of body corporate

Penalties, General

Penal Code, 1951

“Kidnapping or abducting with intent to secretly and wrongfully confine person
365. Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined shall be punished with imprisonment for a term not exceeding 30 years and whipping with not less than 12 strokes.”

“Kidnapping or abducting in order to subject person to grievous hurt, slavery etc.
367. Whoever kidnaps or abducts any person —

(a) in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt or slavery, or to the unnatural lust of any person; or
(b) knowing it to be likely that such person will be so subjected or disposed of,
shall be punished with imprisonment for a term not exceeding 30 years and whipping with not less than 12 strokes.”

“Buying or disposing of any person as slave 370. Whoever —
(a) imports, exports, removes, buys, sells or disposes of any person as a slave; or
(b) accepts, receives or detains against his will any person as a slave,
shall be punished with imprisonment for a term not exceeding 30 years and whipping with not less than 12 strokes.”

“Habitual dealing in slaves
371. Whoever habitually imports, exports, removes, buys, sells, traffics, or deals in slaves shall be punished with imprisonment for a term not exceeding 30 years and whipping with not less than 12 strokes.”

“Selling minor for purposes of prostitution etc.
372. Whoever sells, lets to hire or otherwise disposes of any person
under the age of 18 years —

(a) with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose; or
(b) knowing it to be likely that such person will at any age be employed or used for such purpose,
shall be punished with imprisonment for a term not exceeding 30 years and whipping with not less than 12 strokes.

Explanation 1 — When a female under the age of 18 years is sold, let for hire or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.
Explanation 2 — For the purposes of this section, “illicit intercourse” means sexual intercourse between persons not united by marriage or by any union or tie which, though not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation.”

“Importing for purposes of prostitution etc. 373A. Whoever —

(a) by any false pretence, false representation, or fraudulent or deceitful means, brings, or assists in bringing, into Brunei Darussalam any woman with intent that such woman may be employed or used for the purpose of prostitution;
(b) brings, or assists in bringing, into Brunei Darussalam any woman with intent that such woman may be sold or bought for the purpose of prostitution;
(c) sells or buys any woman for the purpose of prostitution, shall be punished with imprisonment for a term not exceeding 30 years and
whipping with not less than 12 strokes.”

“Unlawful compulsory labour
374. Whoever unlawfully compels any person to labour against the will of that person shall be punished with imprisonment for a term not exceeding 3 years and fine.”

Penalties, Human trafficking

Trafficking and Smuggling of Persons Order, 2004

“Offence of people trafficking.
4. Any person who recruits, transports, transfers, harbours or receives any person or persons for the purpose of exploitation by one or more of the following means –

{a) threat;
{b) use of force or other forms of coercion; {c) abduction;
{d) fraud;
{e) deception; {f) abuse of power or of a position of vulnerability;
{g) the giving or receiving of payments or benefits to achieve the consent of a person having control over another person,
shall be guilty of an offence and liable on conviction to a fine not exceeding $1,000,000, imprisonment for a term of not less than 4 years but not exceeding 30 years and whipping.”

“Offence of children trafficking.
5. Any person who recruits, transports, transfers, harbour or receives a child by any means for the purposes of exploitation shall be guilty of an offence and liable on conviction to a fine not exceeding $1,000,000, imprisonment for a term of not less than 4 years but not exceeding 30 years and not less than 5 strokes of whipping.”

“Offence of exploiting a trafficked person.
6. Any person who –

{a) engages in; or
{b) profits from,
the exploitation of a trafficked person shall be guilty of an offence and liable on conviction to a fine not exceeding $1,000,000, imprisonment for a term of not less than 4 years but not exceeding 30 years and whipping.”

“Liability of commercial carrier.
12. (1) A commercial carrier which brings a trafficked or smuggled person into a receiving country and, upon entry into the receiving country, the person does not have the travel documents required for lawful entry into that country, shall be guilty of an offence and liable on conviction to a fine not exceeding $100,000.
(2) A commercial carrier shall not be guilty of an offence under subsection (1) if-
(a} the commercial carrier has reasonable grounds to believe that the documents that the person has are the travel documents required for lawful entry of that person into the receiving country; or
(b) the person is in possession of the travel documents required for entry into the receiving country when that person boarded, or last boarded, the means of transport to travel to the receiving country; or
(c) the entry into the receiving country occurred only because of illness of or injury to a person on board, stress of weather or other circum- stances beyond the control of the commercial carrier.

(3) A commercial carrier which has been found guilty of an offence under this section shall be liable for all expenses incurred by the receiving country in respect of the person’s detention, maintenance and his removal from the receiving country and such expenses shall be recoverable as a debt due to the receiving country.”

“Attempts, abetment and conspiracy.
13. (l) Whoever attempts to commit any offence punishable under this Order or any regulations made thereunder, or abets the commission of such offence, shall be punished with the punishment provided for such offence.
(2) A person who conspires with another person to commits an offence under this Order or any regulations made thereunder shall be guilty of the offence of conspiracy to commit that offence and may be punished as if the offence to which the conspiracy relates had been committed.”

“Offences by bodies of persons.
14. Where an offence against this Order or any regulations made thereunder has been committed by a company, firm, society or other body or persons, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer or a partner of the company, firm, society or other body of persons or has purporting to act in such capacity shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.”

Children and Young Persons Act, 2006

“Unlawful transfer of possession, custody or control of child or young person.
35. (1) Every person who takes any part in any transaction the object or one of the objects of which is to transfer or confer, wholly, partly, temporarily or permanently, the possession, custody or control of a child or young person for any valuable consideration is guilty of an offence and liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 5 years with or without whipping not exceeding 10 strokes, or both.
(2) Every person who without lawful authority or excuse harbours or has in his possession, custody or control of any child or young person with respect to whom the temporary or permanent possession, custody or control has been transferred or conferred for valuable consideration by any other person within or outside Brunei Darussalam is guilty of an offence and liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 5 years with or without whipping not exceeding 10 strokes, or both.
(3) For the purposes of subsection (2), if any person harbours or has in his possession, custody or control of any child or young person without lawful authority or excuse, such child or young person shall, until the contrary is proved, be presumed to be a child or young person with respect to whom the temporary or permanent, possession, custody or control has been transferred or conferred for valuable consideration.
(4) It shall be a defence in any prosecution under this section to prove that the transfer took place in contemplation of or pursuant to a bona fide marriage or adoption and that at least one of the natural parents of the child or young person or his guardian was a consenting party to the marriage or to the adoption, and has expressly consented to it.”

“Importation of child or young person by false pretences etc.
36. Any person who by or under any false pretence or representation or fraudulent or deceitful means, made or used either within or outside Brunei Darussalam, brings or assists in bringing any child or young person into or outside Brunei Darussalam is guilty of an offence and liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 5 years with or without whipping not exceeding 10 strokes, or both.”

Women and Girls Protection Act, 1972

4. Traffic in women and girls

Data Commitments

A Call to Action to End Forced Labour, Modern Slavery and Human Trafficking, Not signed

1.ii. Take steps to measure, monitor and share data on prevalence and response to all such forms of exploitation, as appropriate to national circumstances;

Programs and Agencies for Enforcement

 

Measures to address the drivers of vulnerability to exploitation can be key to effective prevention. A broad range of social protections are thought to reduce the likelihood that an individual will be at risk of exploitation, especially when coverage of those protections extends to the most vulnerable groups.

Social Protection Coverage: General (at Least One)
Social Protection (Source: ILO)

The seminal ILO paper on the economics of forced labour, Profits and Poverty, explains the hypothesis that social protection can mitigate the risks that arise when a household is vulnerable to sudden income shocks, helping to prevent labour exploitation. It also suggests that access to education and skills training can enhance the bargaining power of workers and prevent children in particular from becoming victims of forced labour. Measures to promote social inclusion and address discrimination against women and girls may also go a long way towards preventing forced labour.

If a country does not appear on a chart, this indicates that there is no recent data available for the particular social protection visualized.

Social Protection Coverage: Unemployed
Social Protection Coverage: Pension
Social Protection Coverage: Vulnerable Groups
Social Protection Coverage: Poor
Social Protection Coverage: Children
Social Protection Coverage: Disabled

Delta 8.7 has received no Official Response to this dashboard from Brunei Darussalam. If you are a representative of Brunei Darussalam and wish to submit an Official Response, please contact us here.