ASIAN AND PACIFIC CONFERENCE ON GENDER EQUALITY AND WOMEN S EMPOWERMENT: BEIJING+20 REVIEW BRUNEI DARUSSALAM COUNTRY REPORT

Transcription

1 ASIAN AND PACIFIC CONFERENCE ON GENDER EQUALITY AND WOMEN S EMPOWERMENT: BEIJING+20 REVIEW BRUNEI DARUSSALAM COUNTRY REPORT 17 th - 20 th November 2014 Bangkok, Thailand

2 Introduction Brunei Darussalam s progress towards achieving gender equality and women s empowerment, as guided by our commitment to the Beijing Declaration and Platform for Action, has improved from strength to strength through each of the 5-yearly reviews and this positive evolvement, both regionally and nationally, has gained increased momentum as we approach the 20-year mark, at the brink of a new era of development beyond Thus, this Beijing+20 Review accords us with a timely window of opportunity with which to integrate gender equality and women s empowerment concerns throughout the post development agenda. In order to ensure sustainable progress in carrying out our commitments to the Beijing Declaration and Platform for Action beyond 2015, in tandem with Brunei Darussalam s Vision 2035, Brunei Darussalam has undertaken various policy intervention measures, implemented specific programmes and is continuously improving opportunities for women to boost women s potential in the social, economic and political life of the society. For Brunei Darussalam, the government s commitment in promoting gender equality and women s empowerment is reflected in our policies which are implemented and applied to all sections of the community regardless of gender. Both men and women in our country have enjoyed positive development and continued progress as a result of the nation s proactive and caring efforts in improving the lives of its people, as reflected in the UN Human Development Index and in our nation s Vision 2035 which aims towards an educated, highly skilled and accomplished people, an increase in the quality of life and towards a dynamic and sustainable economy. Institutional Mechanism for Women A significant milestone for women of Brunei Darussalam is the establishment of the Special Committee on Family Institution and Women in 2008 which reports to the ministerial level 1

3 National Council on Social Issues. The Special Committee is tasked among others, to formulate policies, legislations and plans of actions to address issues on women and family institution; to ensure that the gender and family perspectives are incorporated into all national policies and budgetary requirements; and to ensure close cooperation between relevant stakeholders from Government and non-government agencies, including the private sector, voluntary organizations, corporate bodies, businesses, community and village leaders, parents as well as the general public in addressing issues on women and family institution. Members of the Committee include stakeholders from the Government sector as well as NGOs. The inter-ministerial and inter-sectoral committee has approved and is currently implementing the Action Plan on Women which outlines measures to promote and protect the right of women as well as to promote gender equity. This Plan of Action outlines several action lines under 8 priority areas namely Legal Rights; Economic Participation; Health; Information and Research; Family Institution; Work Life Balance; and National Mechanism for Empowering Women. The strategic objectives of this action plan are also designed to ensure that its implementation is aligned with the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The implementation arm of the Special Committee is the Department of Community Development, which is the National Machinery on Women Issues. The functions of the Department include conducting research, promoting and protection of the rights of women and providing services for women in areas of protection, advocacy, formulation of policies and support. Women and Education Providing universal access to education is admittedly the ultimate empowering tool for all, including girls, has always been a fundamental objective of Brunei Darussalam s education policy. In recognition of this, the education sector has always received a substantive portion of our national budget. This sizeable investment, reinforced with our progressive educational policies, have achieved gender parity in primary and secondary education as 2

4 well as improved women s educational attainment to surpass their male counterparts in tertiary and pre-university levels. Recently, the Education for All (EFA) Development Index (EDI) for 2009 classified Brunei Darussalam as being close to achieving the four most quantifiable EFA goals Universal Primary Education, Adult Literacy, Gender Parity and Quality and Quality Education. Brunei Darussalam ranked 36 from 129 countries with a high EDI which stands at Students of both sexes also enjoy equal educational benefits which include monthly transport allowances and educational allowances in vocational and tertiary educational institutions. In addition, the disadvantaged can apply for monthly educational allowances for each of their children. Females make up more than 70% of tertiary education graduates despite the fact that their primary net enrolment are on par with males. Recent developments in education include the introduction of the Brunei Technical and Vocational Scholarship Scheme in Local Private Institutions. Under this scholarship scheme, Brunei citizens, regardless of gender, can enjoy a full sponsorship of tuition fees with monthly transportation allowance. The Scheme provides more options for school leavers with low grades who now have the opportunity to increase their skills before entering the work market, thus lowering their possibilities of joining the ranks of the unemployed. Since it was launched in September 2011 until September 2014, a total of 8,058 young people have benefitted from the Scheme, and of this 4,117 or 51% are females. The Ministry of Education is also currently implementing its newly transformed technical education in Brunei to make it more relevant and more sensitive to the needs of industry. Another development is the review of the 21 st Century National Education System (SPN21) which includes inclusive education for the disabled. The Ministry is also considering increasing the length of compulsory formal education from the current 9 years to 12 years. 3

5 Women and Health In the area of health, Brunei Darussalam has put in place a comprehensive health-care system which is easily accessible to the population throughout the country, including providing flying medical services to rural areas. There are also targeted health-care programmes for women, including safe motherhood, nutritional and reproductive health programme as well as screening measures related to diseases affecting women. Maternal and Child Health services have been in place since 1929 and are provided free to all pregnant mothers and children. The Maternal and Child Health (MCH) service in Brunei Darussalam provides quality antenatal and postnatal care, as well as comprehensive health screening for women between the ages of More than 99% of women receive antenatal care. More than 99% of deliveries are conducted by trained midwives in hospital settings. Special preventive services for women are provided through the Well-Women Clinic which includes screening for breast and cervical cancers, hypertension, diabetes, and other disease. The government has also introduced the National HPV Vaccination Programme for young girls in secondary schools, as well as all female citizens and permanent residents who wish to be vaccinated. Vaccination for these women is carried out in designated vaccination centres throughout the country. Due to the growing needs for specialised healthcare for women and children for the State, a dedicated Women and Children s Block in the State Hospital Complex has been constructed and completed, and is expected to be fully operational in November this year. Another recent development is the Mental Health Order 2014 which replaces a 1929 enactment. This legislation adopts a multi-disciplinary and multi-agency focus of mental health management. New measures under the legislation encompass the treatment pathways from first admission into hospital as a voluntary or involuntary patient, acute treatment in hospital, rehabilitation and community treatment. This will ensure provision of high quality care to those needing it whilst respecting the welfare and needs of the individual. 4

6 Women and Employment The participation rate of women in the work force is 62.9%. Over the last 5 years, the government has introduced new legislation, policies and regulations to promote gender equity in employment. These include: Employment Order 2009, to replace the former Labour Act, which seeks to protect women in the workplace. The Order outlines maternity benefits which a pregnant woman in confinement is entitled to, including rest, pay and against termination during maternity leave. In the case of pregnant employees, it is the practice of the attending obstetrician or occupational health doctor to recommend any special requirement to protect the mother and unborn child e.g. receiving appropriate vaccinations, removal from hazardous work. The Work Place Safety and Health Order 2009 The Maternity Leave Regulation 2011 which stipulates 105 days of paid maternity leave for all women employees. For women civil servants, this is an increase from the previous 56 days paid maternity leave. Other developments in the civil service include the amendment of regulation related to term of employment for non-graduate married women personnel from month-tomonth basis to permanent basis, based on the same term as graduate women as well as men. This not only ensures job security for women but to their entitlement to various remuneration and benefits in the civil service such as leave passage allowances and education allowances. Entitlement for paid annual leave was also revised to correspond to age rather than according to length of service. 5

7 As of the 1st of January 2012, women in the civil service are eligible for various benefits. These include civil service Leave Passage Allowance and Education Allowance. Eligible officers entitled to receive these allowances can claim for themselves and their eligible family members. Women in Decision Making With regards to women in power and decision-making, Brunei Darussalam has recorded progress in women s career development in various legal, political, financial and managerial professions. The highest posts attained include Ambassador-at-Large and the Attorney-General with ministerial rank, Deputy Minister, Members of the Legislative Council, Permanent Secretaries, Auditor-General, Solicitor-General, Accountant-General, Judicial Commissioner, Judge in the civil High Court, Ambassador and as Chief Executive Officers in both the public and private sectors including banks. Two of the four universities in Brunei Darussalam are currently headed by women. Women also serve in Islamic institutes of higher education and as Prosecutors both in the Syariah courts and Civil courts. 51% of women make up the civil service and 29.45% of positions in Division I and above are held by women. There are 25 ministers and deputy ministers within the Government, including three (3) posts of ministerial rank namely the Ambassador-at-Large, the Attorney General and the State Mufti. Three or 12% of these posts are currently held by women. Meanwhile, the State Legislative Council consists of 36 members and two or 6% of these members are women. In addition, 15% of Permanent Secretaries or CEOs of Government Ministries, 26% of Deputy Permanent Secretaries and 15% of Heads of Overseas Missions are women. 6

8 Women and Economic Participation At the other side of the economic-contribution spectrum, our women s participation in, and contribution to, the economy through self-employment and business endeavours has gained support and recognition from the Government. In view of the fact that about 57% of Brunei Darussalam s population is in the economically productive age range of years old, Brunei Darussalam is capitalizing on this economic potential by increasing investment in capacity building programmes for the purpose of employment and business participation. Substantive financial resources have been allocated for the Community Empowerment Programme and the Self-Reliant Youth Programme. The former provides skills training within the vicinity of local communities in order to increase the unemployed s access to capacity building opportunities, while the latter aims to nurture youth entrepreneurs by providing financial assistance for business start-ups. We believe that these programmes would empower our women to be more economically active in order to support their families and contribute towards a more robust economic development. These skills training and entrepreneurship development programmes are also a means to achieve economic self-reliance for women affected by poverty. The presence of a gendered component to poverty in Brunei Darussalam is reflected in the number of female-headed households who are solely surviving on, or supplements their daily sustenance with, welfare benefits from the Community Development Department. The number of welfare recipients comprising female heads of households who are divorced, widowed or left to fend for themselves when their husbands are incarcerated, showed an increasing trend over recent years. The effect of poverty have impacted women more than men, especially when these women are in the lower income group and have low educational attainment which limits their opportunities for securing greater financial resources to support themselves and their dependents. 7

9 Women and Poverty Despite our many interventions, either initiated by the Government, the private sector or the civil society, the prevalence of poverty among the general population, particularly women, remains a challenge that has received increased attention that led to the establishment of a Special Committee on Poverty in This committee has approved a Plan of Action that identified 10 areas of concern, namely Education, Health, Employment, Capacity Building, Housing, Entrepreneurship, Transportation, Strengthening the National Mechanism, Financial Assistance and Security. Violence against Women Efforts to eliminate violence against women include prevention, protection, legislation, enforcement, rehabilitation and support services. Programmes under these areas include awareness campaigns, interventions; educational programmes; screening services; and support for victims including the provision of shelters, counselling, training and welfare benefits. Several legislations to protect women and girls from violence include, among others the Penal Code, The Unlawful Carnal Knowledge Act, Women and Girls Protection Act 1972, Islamic Family Act, Married women Act, Children and Young Person Act, and the Trafficking and Smuggling of Persons Order In 2010, amendments to our Islamic Family Law and the Married Woman Act were made to include specific provisions on Domestic Violence, which covers immediate protection, protection in an area or institution, restraining order, power of arrest, compensation and mandatory counselling. In term of women trafficking, Brunei Darussalam has in place three legislations which govern the protection of the victims, namely the Trafficking and Smuggling of Persons Order 2004, the Women and Girls Protection Act (Cap. 120) and the Penal Code (Cap. 22). The Women and Girls Protection Act (Cap.120) criminalizes any activity of buying, selling, 8

10 procuring, trafficking in or importing of women and girls into Brunei Darussalam for the purpose of such traffic. It also criminalizes the selling, hiring, procuring, bringing into Brunei Darussalam, harbouring, detaining women or girls for the purpose of prostitution. In 2011, The Royal Brunei Police Force (RBPF) established a Head of Specialist Trafficking Unit (HSU) which specialize in investigating trafficking-in-persons cases in Brunei Darussalam. HSU specializes in conducting investigations on Trafficking in Persons offences in accordance to the Trafficking and Smuggling in Persons Order, The Standard Operating Procedures (SOP) has been developed to establish step-by-step procedures by which trafficking-in-persons (TIP) investigations will be conducted. HSU works very closely with Immigration and National Registration Department, Labour Department, AGC and DCD, for the prevention, investigation, protection and anything related to TIP cases. A growing trend in cybercrimes with a high risk of victimizing the girl child has prompted the Government to make amendments to the Penal Code in 2012, aimed at curbing sexual predators and strengthening laws to prevent the sexual exploitation of children. A significant addition to existing laws is the criminalization of "sexual grooming", a term used to describe how online predators prowl the web for the purpose of engaging in sex with a minor. The law now makes it an offence and criminalizes: i. Any person above the age of 21 to meet and travel with a person under 16 with the intention of committing a sexual offence; ii. Voyeuristic acts, such as observing and recording another person's private act for sexual gratification; iii. The publication and distribution of such recordings; iv. Possession of child pornography, and the taking, distribution, showing, advertisement and access to indecent photographs or pseudo-photographs of a child. This includes images stored as film negatives or computer graphics in which a child is depicted; 9

11 v. Seeking sexual gratification by engaging in sexual activity in the presence of a person under 16, and forcing a minor to watch any sexual act. vi. Anyone who makes travel arrangements on behalf of another to engage in commercial sex with a minor Sterner penalties have also been introduced for outraging modesty, including aggravated outraging modesty, where a perpetrator forcibly restrains or causes hurt or death to the victim, and outraging modesty by a person in the position of trust or authority, such as teachers or family members, which carry heavier penalties than before. The Penal Code has also been expanded to penalize those who offer or engage in prostitution. Previously, the laws focused on penalizing pimps who solicited business for prostitutes, but the new amendments seek to punish those who actively engage in the acts themselves. To reinforce child protection laws with regards to cyber security, a Child Online Protection Framework was also approved recently and it is currently being implemented by relevant Government agencies, the private sector and non-government organisations. Protection for all victims including women and the girl child, is provided through shelter homes run by the Department of Community Development of the Ministry of Culture, Youth and Sports. Support services by government agencies and NGOs are provided for victims while counselling services are provided for victims as well as perpetrators. The government provides helpline services, as a venue for reporting, complaints, airing of grievances and provided counselling over the telephone. Calls are registered in accordance with the requirements of International Child Helpline. The government, through relevant agencies, continue to conduct awareness campaigns in promoting public awareness on sexual related offences, domestic violence and child abuse through various road shows, television awareness programs and talk shows. Training for personnel in particular front line personnel involved in domestic violence issues are 10

12 constantly conducted by government agencies and NGOs. These include medical officers, law enforcement officers, teachers and social workers. During Brunei Darussalam s Chairmanship of ASEAN in 2013, ASEAN leaders endorsed, among others, the ASEAN Declaration on the Elimination of Violence against Women and Children and the ASEAN Declaration on Social Protection. Both declarations are crucial documents that would guide our work towards ensuring the protection and welfare of vulnerable groups, particularly women and children. Women with Disabilities Another area of concern for Brunei Darussalam is the promotion and protection of the rights of persons with disabilities. There is a Special Committee on the Elderly and Persons with Disabilities which is the review and monitoring mechanism for the implementation of policies and programmes towards the development of persons with disabilities. The Committee has approved and is currently implementing a Plan of Action on Persons with Disabilities. There are 10 strategic areas under the plan of action and these are Advocacy, Protection, Health, Education, Employment, Financial Security, Participation, Volunteering, Accessibility and Transportation. This Plan of Action is the instrument of implementation, review and monitoring of obligations under CRPD which Brunei Darussalam is in the final process of ratification. Challenges and Conclusion Whilst remarkable progress has been made towards gender equality and women s empowerment in Brunei Darussalam, gaps and challenges remain. These include the need for capacity building for policy makers, planners in all ministries in gender responsive budgeting, gender mainstreaming, gender analysis, and in the monitoring and evaluation of 11

13 these strategies. There is a need for more sex disaggregated data and the need for regular updating of these data. Brunei Darussalam welcome and support any regional program and effort that will promote the advancement of women through the strategy of gender mainstreaming, such as capacity building in gender responsive budgeting gender mainstreaming and gender planning, monitoring and evaluation and greater cooperation in research, exchange of information and data and best practice on matters pertaining to gender responsive budgeting and gender mainstreaming strategy. 12