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Delegation from Brunei Darussalam

Represented by Jack Nagy and Jessica Tselepy


On the topic of (a) Stateless Nations and Disputed Territories and (b) Funding
Terrorism
Presented to The Organization of Islamic Cooperation
Topic A: Statelessness
Brunei is deeply concerned by the vulnerability of stateless people globally, and was
recently congratulated by the UNHCR on national progress to reduce statelessness.[1]
Citizenship is granted to the indigenous Malay population, and any permanent
resident with an adequate grasp of the language and culture.[2] As a result, only
around 20,000 stateless people (mostly ethnic Chinese) live in Brunei, and still
receive benefits including free education and a Certificate of Identity that allows them
to travel.[3, 4] Accordingly, Brunei does not believe any changes to its National
Citizenship Act are a necessary solution to issues of statelessness,[5] and state
sovereignty in general must be preserved. Despite not being a signatory to the 1954 or
1961 conventions on statelessness, Brunei has voluntarily taken steps to improve birth
registration, statistics sharing with the UNHCR, and ease of citizenship application
for the elderly.[1] Further, under the Brunei Nationality Act the protection of the
rights of children and women are actively integrated through increased access to
registration of minors as nationals, improved naturalisation processes for nonnationals, and allowing women to acquire citizenship by registration.
Proposed points of cooperation:
1. Encourage international sharing of birth registration information.
o For example, as part of its strategy to facilitate legitimate citizenship
claims, Brunei is setting up an web based portal for birth registration
information. Sharing this data between countries could help nations
prove ethnicity and heritage for a child, allowing them to assign
citizenship and reduce statelessness.
2. Promote intergovernmental statistics sharing and joint workshops on
Birth/Death Registration law and the right to nationality.
o For instance the ASEAN Intergovernmental Commission on Human
Rights/ASEAN Commission on the Promotion and Protection on the
Rights of Woman and Children joint workshop initiatives in the
2012/13 period.
3. Combat the prevalence of illegal immigration and trafficking.
o Undocumented movements of peoples convolute the process of
achieving transparent cooperation amongst countries to track
populations that may be vulnerable to abuse of their rights under
international law. Governments must effectively manage migration
flows and combat employers desires for exploitable workers. Support
for and expansion of the ASEAN Plan of Action on Immigration
Matters, designed to encourage skilled migration, facilitate legal
movements between ASEAN countries, and combat people smuggling
and trafficking, for example, would be a positive step.
Topic B: Terrorism
Brunei accepts the internationally conventional definition of terrorism,[6] recently
made consistent with the UN International Convention for the Suppression of the

Financing of Terrorism and UNSC Resolutions 1267 / 1373.[7] The government has
publicly condemned Daesh, ANF, AL-Qaida, and other Islamist extremist groups that
misinterpret Sharia law.[8, 9] Apart from two arrests of Daesh and Jemaah Islamiah
members passing through Brunei,[10] the nation has had no terrorist incidents nor
indigenous terror groups.[11] Existing counter-terrorism measures are relatively
modern. Information sharing is primarily conducted with ASEAN nations and the US,
[10, 12] though Brunei has requested further training on terrorist financial analysis
and cybersecurity,[12] particularly given its increasing regional importance as a
financial centre.[13] Overall, we emphasise here the need for a multidimensional
approach to combating terrorism in all of its forms, not just the use of military means.
We recognise the need to dispel the myth of a clash of civilisations propagated by the
tragedy of terrorist attacks. Brunei calls for action in the spirit of moderation.
Proposed points of cooperation:
1. Expanding information sharing and training agreements.
o Supporting the whole-of-government approach, we must collectively
recognise the need for community engagement, community outreach
programmes and campaigns for sharing knowledge, experience, best
practise and intelligence, to achieve sustainable peace. For instance,
the Special ASEAN Ministerial Meeting on the Rise of Radicalization
and Violent Extremism (SAMMRRVE) is a valuable existing model.
2. Improve national efforts to halt terrorist financing, with an emphasis on
improved cyber security to assist multi-sector communication.
o Bruneis Criminal Asset Recovery Order, implemented in 2012, and
the close and active working relationship between our police and
Financial Intelligence Unit (FIU), demonstrates the potential for
improved collaboration at a national level to combat the vast network
of illegal terrorist financial systems.
o Further, high-tech crime forensic units working in collaboration with
Telecommunication Companies and Internet Service Providers will
assist both national and international efforts to uncover monetary
movements.
3. Reforming national zakat distribution mechanisms to reduce donations to
terrorist-aligned charities.
o For example, His Majesty the Sultan of Brunei has expressed concern
that a lack of systematic zakat distribution, and zakat investment in
financial distributions, may be lowering voluntary donation to statemonitored organizations.[14] The committee should discuss possible
national and international zakat reforms that encourage donation to
legitimate state channels or charities.
4. Stress the need for banking reforms, particularly in nations at a high risk
of Daesh occupation.
o Suggests, for instance, the introduction of schemes for people living
such areas that allows them access to more quality-controlled
banking/investment options.
5. Increase protection of trade, ports, international aviation and people in
transit.
o Working in the spirit of transparency concerning the movement of
goods and peoples, Brunei proposes methods such as:

Non-intrusive equipment, such as gamma ray scanners, to


secure traded goods;
Advanced risk management and submission of declarations of
goods;
Computerized cargo clearance systems;
Annual audits for all ports;
Quality control programs, Automatic Identification Systems
(AISs), and International Civil Aviation Organisation audits to
be implemented and supported at a national level;
Implementation of Advanced Passenger Information Systems
and Regional Movement Alert Systems, to ensure transparency
of people of transit in any Member State.
Brunei Darussalam looks forward to collaborating with all Member States to achieve
effective and sustainable solutions to these pressing international issues.
References
1. United Nations High Commissioner for Refugees, Universal Periodic Review:
Brunei Darussalam. Office of the High Commissioner for Human Rights'
Compilation Report, 2013.
2. Minority Rights Group International, World Directory of Minorities and
Indigenous Peoples - Brunei Darussalam : Chinese. 2008.
3. The International Observatory on Statelessness, Brunei. 2016.
4. Brunei Darussalam, Consular Services. 2016.
5. Kassim, A. and B. Begawan, Proposal to amend law on citizenship turned
down. Brunei Times, 2015.
6. Brunei Darussalam, Chapter 197, Anti-Terrorism (Financial and Other
Measures) Act. Laws of Brunei, 2008.
7. Sadikin, S., A. Bandial, and B. Begawan, Government Strengthens Anti-Terror
Law. Brunei Times, 2011.
8. Begawan, B., Brunei Condemns IS Terrorism. Brunei Times, 2014.
9. United Nations Security Council, S/RES/2170. 2014.
10. Bandial, Q. and B. Begawan, US-Brunei anti-terror role seen. Brunei Times,
2015.
11. Overseas Security Advisory COuncil, Brunei 2015 Crime and Safety Report.
US Government, 2015.
12. Brunei Darussalam, 2015 APEC Counter Terrorism Action Plan. 2015.
13. Brunei Darussalam, Brunei Vision 2035. 2008.
14. Abdullah, R.B., Zakat Management in Brunei Darussalam: A Case Study.
Institute Technology of Brunei, 2010.

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