EmmaGoodEgg

Good People, Rightly Guided

Majlis Ilmu, the Knowledge Convention took place last week. With it, the announcement by His Majesty the Sultan and Yang Di-Pertuan of the passing of the Syariah Penal Code Order 2013. 

Copies of the Order were made available from last week. I have been able to try to digest the same, along with reports of the various talks given. I have also managed to have a look at the Syariah Courts Evidence Order, 2001.

From what I can understand, as the Syariah Penal Code is implemented in phases, there will be two penal codes in force, side by side - The Syariah Penal Code and the Penal Code (Chapter 22 of the Laws of Brunei, hereinafter, “Cap 22”).

While Cap 22 provides for a wide variety of offences - such as offences against public tranquility, offences against the person, against property, against public administration. The Syariah Penal Code appears to confine itself to 4 main crimes overlapping with Cap 22 - these are theft, murder, rape and assault. There are also, under the Syariah Penal Code, offences such as unlawful intercourse outside marriage (zina), apostasy, false claims of zina and drinking intoxicants. Finally in the Syariah Penal Code, there is a raft of “General Offences” relating to Islam such as the offences of failing to attend Friday prayers, failing to respect the fasting month, and offences relating to the propogation of other religions.

There would then appear to be 3 classes of offences, firstly, offences solely under Cap 22, secondly, offences under the Syariah Penal Code and finally, overlapping offences. My understanding is that for the overlapping offences, there will be some administrative step taken to decide which courts - the Syariah Courts or the Civil Courts, shall have jurisdiction over an offence. This would appear to have to be dealt with by amendments to the Criminal Procedure Code.

The Syariah Penal Code states that it applies to Muslims and to non-Muslims alike, except as otherwise stated. Generally, non-Muslims may still be charged with such things as theft, murder, and assault. Non-Muslims however would not be charged for offences such as apostasy and drinking. Zina, for non-Muslims, would not be a crime so long as both parties are non-Muslim.

Clearly, what has garnered the greatest attention are the punishments for the 7 Hudud offences, for which the Syariah considers as claims of Allah and for which punishments are ordained by the Holy Quran and the traditions of the Prophet pbuh. The Hudud punishments are amputation for theft and robbery; death for apostasy, rape and zina; flogging for drinking and false accusation of zina.

What should be said is that for the Hudud punishments to be handed down, a very high standard of proof is required – either a confession made 4 times before a judge at 4 different occasions or the testimony of a number of eye witness who have themselves had to undergo a procedure to determine, not only their ability to act as a witness, but that they are “adil”, meaning that they “perform the prescribed religious duties, abstain from committing capital sins, and (are) not perpetually committing minor sins”. It would seem to me that there will be a trial, not just of the person accused, but of the accuser or witness, to determine whether they have led true and just lives.  In the absence of such proof, the court will not be able to mete out the Hudud punishment and would fine or imprison the accused instead.

I think giving evidence is one thing, but if prior to doing so, your whole life were to be examined for the presence of “capital or minor sins”, well maybe the ability to execute any of the Hudud punishments would be almost as remote as securing a conviction for “causing death by black magic” (Section 152).  

Perhaps what may be said is that in fact, for a criminal justice system to work well, it requires perpetrators of offences to admit and to confess to their crimes as soon as possible after being apprehended. This means that victims are quickly compensated where possible and that the punishment, whatever it may be, will be swiftly meted out. In this situation, the fear is that perpetrators of crime may avoid as far as possible confessing or admitting to guilt. This may “clog” the system with undue and unnecessary delay.  

One of the criticisms of the adoption of Syariah in other countries is the difficulty that the system has in dealing with rape and other sexual offences against women. The problem is that on one hand, one must complain of a rape. On the other, rape may only be proven by the confession of the accused or of the testimony of 4 witnesses who are “adil”. In the absence of either, one is left with the admission to unlawful sex of the complainant, who may then be charged or convicted with zina.

Our Syariah Penal Code and the Syariah Courts Evidence Act appears to deal with this firstly, by providing for the possibility of convicting the accused on a non-Hudud basis, for which a sentence of imprisonment instead of death would be given, but for which there will be a lower standard of proof. Secondly, there is the ability, for the complainant, or of any person confessing to a Hudud crime, to withdraw their confession at any time before or even during punishment.

It seems to me therefore, that a great deal of thought has gone into the implementation of these laws.

Other than the major offences, Cap 22, appears still to remain in place and the civil courts appear to continue with a large amount of criminal justice work.

In so far as the “General Offences” have been put into place, it may be said that the Syariah Penal Code serves to protect the position and the eminence of Islam in the lives of the inhabitants of Brunei.

To borrow the words of the Honourable Attorney General, the new Syariah Penal Code is not evolutionary nor revolutionary, it is the product of great effort and wisdom.

Digging in the history of the last two hundred years will turn up the empty shells of a number of once beautiful, progressive and promising nations, turned for many reasons into failed or failing states. But I have faith that our good people, rightly guided may succeed to bring about the promise of justice, progress and fairness.

@emmagoodegg

MAMIL AT THE CRACK OF DAWN

Cycling has, like in the rest of the world, become big in Brunei these days. You cannot help but notice them on the road; packs of determined looking cyclists (the majority invariably men) eyes covered in fancy shades, ruffled brows riding in mini “pelotons”, recreating a stage of the Tour de France.

There is a name for them – men aged 35 and up, who have discovered the joys of Lycra. This new tribe has been dubbed ‘MAMIL’s’ or Middle Aged Men in Lycra. The ‘middle age’ in the term is rather telling. Instead of buying a flashy car nowadays no mid-life “transition” is complete without wriggling into a pair of spandex shorts and climbing onto a bespoke, upgraded and eye wateringly expensive bicycle.

I speak from experience, I fear that my beloved husband Bobby has signed up - though not for the full Lycra experience - into the sub group who ride mountain bikes on off-road trails. Weekends at the GoodEggs now consist of early Saturday night pasta festivals, and Sunday mornings up at the crack of dawn to apply sunscreen and to click off on cycle shoes for a three hour “kayuh” (“paddle” in Malay).

Although it would seem that the cost of the five carbon and alloy bicycles that now grace our store room would have depleted the children’s education fund, the total cost would appear still to be cheaper than a sports car. Or a mistress.

As I grunt at him not to wake the children, I get, “mun paham bisai dang”. Bobby is not known for his use of the vernacular. I think he may be spending too much time on this Facebook page, “Cycling Buddies Brunei”.

These days, a persons' identity is not just defined in the traditional manner - country, family, occupation, but also by the way that a person spends their leisure time. Social media has given a platform for people to group themselves around their passions and to interact with like-minded folk. There appears to be social media sites for all types. The aforesaid popularity of the Lycra clad road biking gang cannot be missed. There are groups for the rather hairier and generally Lycra-avoiding mountain bikers. For the young and urbane, there are groups who ride “fixies” a stylish subset of cyclists, whose bikes are based on the simple engineering of courier cyclists. Watch the film, “Premium Rush“ for the cultural reference.

All this pedal pushing can't really be a bad thing - it gets people together, out in the fresh air and living healthy lives. Bobby claims never to have seen more of the country and from so many different vantage points and perspectives. According to him anyway, as I have never seen the muddy side of a jungle trail, it has given a greater appreciation of the closeness that we in Brunei have with nature, something to appreciate and to treasure.

Given that it is a popular leisure activity, I wonder if cycling may one day be seen as a viable alternative means of everyday transportation. The heat and humidity may deter me for one, but I don’t see why it should deter many others. In other places, cycling is not just a lifestyle statement but “driven” by real economic factors such as high petrol prices, taxation and cost of parking. One could say that it is one of the best form of mass transportation. It's all about the healthy lifestyle, it's emissions-free and runs on pasta. The obvious challenges for cycling as a form of real transportation here in Brunei would be the lack of school transport as many people shuttle the children to school, shower facilities at work places and the most obvious - the lack of cycle lanes and proper cycling infrastructure. At the moment, perhaps, the message must be to cycle safe and to encourage helmets and lights where appropriate, and importantly, for motorists to accept that there are other, much less shielded road users with whom they should share the roads.

My final point is as it should be, on fashion. Beloved Bobby has recently purchased his first Lycra - a “team” jersey and some bib shorts. For the uninitiated, bib shorts comprise of a one-piece singlet - attached to Lycra shorts with padding on the rear. Unfortunately, on their own they would make even James Bond come off like Borat. I have managed so far to discourage their use, despite their obvious practicality. But of bib shorts, I shall speak no more. On colours, I would say only this - less is more. 

 

@emmagoodegg

Illustrated by Cuboi Art.

For the online version click here.

 

The Small Nation That Could

What a week it’s been. The great heavyweights of International Affairs have trouped in and out of little Brunei for various summits, meetings, photo calls and off-site diplomacy. 

Brunei has, in a very focused two or three days, played host to the leaders of the half billion inhabitants that make up ASEAN, of China, India and Japan and the Secretary General of the United Nations.

Though the President of the United States was due to come, he was side-tracked by pressing domestic issues. It should be said that a shutdown of the Federal Government does not necessarily mean that the U.S. cannot pay for jet fuel for Air-Force One, as Secretary of State John Kerry did attend.

As usual, from my point of view at least, even though it seems that the whole world and their cousin were here, the organisation seems to have gone without a hitch. Even though the aprons of the Brunei International Airport have resembled a rush hour jam, and despite the daunting road closures, I am happy to note that chaos did not ensue.

I can only imagine the months of planning, the weeks of stress and the days of utter focus that goes into getting it all right. From diplomatic planning, security details, hospitality, media outlets, and logistics. 

If anything, it is all testament to the fact that despite having limited human resources, if a small country like ours puts her mind to it, much can be achieved.

So what has come about?

All week long there have been reassuring words from China on the need for security and stability in the South China Sea, topped by a renewed commitment to come to some agreement on working on a code of conduct in relation to the South China Sea. On this, if a measure of success is to do better than the previous year, it would appear that this year’s Summit succeeded at least.

In making the Declaration on the Elimination of Violence Against Women and the Elimination of Violence Against Children, ASEAN leaders expressed their commitment to the look after women and children, of all ages, in all spaces, better.

The “hot” news is that Singapore appears to have come away with an agreement on the sharing of information to deal with open burning and to combat haze.

There was a report card of sorts in relation to developments on a socio-cultural integration. Tellingly, what appears to need improvement is the dissemination of information. One could say that the average Nyugen on the Street in Hanoi, Ahmad in Kuala Lumpur and Ramon in Manila really needs to be impassioned about the aims and direction of their leaders, that is- to ultimately bring them all a lot closer together.  

There were renewed commitments to the integration of the 10 ASEAN economies in two years, by 2015. Though this great project may end up being side-lined by the various Free Trade Agreements being separately negotiated such as the Trans Pacific Partnership and the ASEAN Trade Agreement with China.

I have to admit though, to being but a dilettante in such hefty matters of state. I would much prefer really to tweet about Prime Minister Ying Luck's smile, or the helmet hair sported by some of the VIP wives. What I can say is that upon a perusal of the various media reports of last weeks’ activities, is that everyone seems to have come away with their own spin on events. In a sense, each country and their attendant media have at least something to be happy about.

At the end of the day though, the true measure of the effectiveness of ASEAN and its attendant dialogues and meetings is whether and how, as a group,  it is capable of changing and beneficially effecting the everyday lives of the half billion people that live within its borders. 

@emmagoodegg

Illustration by Cuboi Art.

For the online version click here.

 

The Hunger Games

I was at the Ramah Mesra for Brunei Muara District last Sunday, the customary culmination of His Majesty the Sultan’s Birthday celebration.

At these events, associations, organizations, businesses and schools turn out at the “Padang” of each district and put on a display of affection and loyalty to the Ruler. The event consists of an oath taking, traditional performances, exhibitions and a tug of war competition.

Before lunch, the morning program culminates in a walk-about by His Majesty and his family among the different groups who have gathered at the Padang, organized into different tents and exhibitions.

In my mind there is no-where else in the world where a head of state, a ruler will mingle so freely, closely and openly with the community. It is a testament to the warmth and generosity, to the kind nature of His Majesty that people of all shapes and sizes, of all backgrounds and status may come and wish him well on his birthday. His Majesty descends onto the Padang with little or none of the accoutrements of state to essentially be with his people. Everyone has a chance to greet His Majesty – civil servants, business owners, police veterans, school children asking for selfies (invariably granted), bankers sweating in their suits.

It is truly a display of a special bond. We should all feel lucky to be a part of it.

Since I started (and stopped – and started) writing this column, there has been a great up-surge in social media connectivity, not just in Brunei but around the world. It is a fact of life these days that news is spread by non-traditional means. As a result many of us have had to bear witness to the ugly side of the Brunei character. Videos and commentary have circulated of people helping themselves to a large cake made available to the public at this event. It is not the fact that people help themselves to this cake, but the manner in which they have done this - descending on the cake like a cloud of locusts, without any care for manners or decorum - shoveling large chunks of cake into whatever receptacle is at hand, using paper plates, cardboard boxes,  their bare hands. Young and old pushing and shoving as if they had not eaten in days. It is a sight that will leave you open-mouthed. 

A mea-culpa on my part. I was responsible for one of the tents on Sunday. We were lucky to have had a sponsor for a large and beautiful birthday cake. We thought we were prepared - we had a chef on hand to portion the cake, take away boxes at the ready. Once the official party had moved on however, there was no stopping the free-for-all. We pleaded for calm, but the crowds had none of it. One well dressed and able-bodied man I had asked for patience even grabbed a slice of cake, licked the top and placed it back saying, “go ahead, take my share!”, all the while laughing like a hyena. What struck me was not just the ill manners of the crowd, but the mean spiritedness- absolutely not in keeping with the “mesra” of the occasion.

One must ask why have we come to this? Many people have said that even in places of great poverty and need, people do not behave in such a loutish manner.

Is it a terrible sense of entitlement? That everyone should expect, nay demand their share of the cake? Is it a result of plain greed, or that “if I don’t get my share, some one else will and I will lose out”?

When I was growing up and attending weddings with my parents, we were told never to take to too much food at the buffet and never to go for seconds. Firstly, the idea was not to bring shame on your family, to act as if there was not enough food at home. Secondly, the idea was also to leave some for others.

That’s perhaps what it is, a lack of basic human dignity, a lack of appreciation of your own self and a lack of appreciation of the worth of others.

Perhaps the greatest gift that we could hope to bestow on a ruler, like a child to a parent, is to show that we can live with self-reliance, grace and dignity.  

@emmagoodegg

Illustration by Cuboi Art.

For the online version click here.