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Brunei Won’t Say If New Anti-Gay Stoning Law Will Apply to LGBTQ Tourists

And the U.S. Embassy has sent mixed messages about queer people traveling to the country.

Pictured above: Brunei Sultan Hassanal.

If you’re an LGBTQ person preparing to head to Brunei anytime soon, it may be best to plan your vacation elsewhere.

The oil-rich sultanate is set to implement harsh policies mandating death by stoning for individuals accused of same-sex intercourse. In 2014, Brunei Sultan Hassanal Bolkiah announced the Southeast Asian municipality—which is majority Muslim—would roll out Sharia law at the federal level. Those draconian policies outlawed the sale of alcohol, unmarried couples sharing a hotel room together, and even celebrating Christmas.

The stoning law was initially tabled following international condemnation. But according to The Independent, the Sultan of Brunei opted to move forward with the anti-LGBTQ regulations, citing “special guidance” from Allah.

Multiple outlets have reported that members of Brunei’s LGBTQ community—which had largely been forced underground already—have fled to other countries in advance of the stoning law’s implementation. However, questions about who will be impacted by the laws remain. Will LGBTQ tourists to Brunei, for instance, be subjected to these punishments if they travel to the territory?

For now, Brunei’s government will not say.

NewNowNext reached out to Brunei’s Economic Cooperation Department and Department of Europe and the Americas, as well as two different contacts within its tourism bureau. Despite repeated requests for comment, none of their offices would clarify what kind of treatment LGBTQ travelers can expect from Brunei officials.

Stefano Montesi - Corbis/Getty Images

ROME, ITALY - APRIL 3: Radical Party activists are demonstrating against the introduction of Sharia, the Koranic law, in Brunei Darussalam, which also provides for stoning for homosexuals on April 3, 2019 in Rome, Italy. (Photo by Stefano Montesi - Corbis/Getty Images)

Radical Party activists protesting Sharia Law.

The U.S. Embassy in Bandar Seri Begawan—the capital of Brunei—promised to provide NewNowNext with more information regarding its tourism policies, but did not follow through with that pledge.

And at least publicly, the U.S. Embassy has sent extremely mixed messages to LGBTQ travelers on how Brunei’s death penalty laws affect them. A security alert issued on Thursday warns the new criminal codes apply “regardless of an individual’s religion or nationality, although some sections of the law have specific applicability to Muslims.” It does not mention whether the punishments regarding homosexuality solely impact members of the Islamic faith or are applicable to all people.

The U.S. Embassy encourages LGBTQ people interested in visiting Brunei to read the Sharia Penal Code issued by its government in 2014. But that document raises as many questions as it answers: It prescribes death by stoning to “any person” who engages in intercourse “against the order of nature,” but is unclear whether that includes foreigners who travel to the area.

Under its list of “general exceptions,” foreign residency is not mentioned.

Despite those chilling unanswered questions, the Embassy’s website continues to regard Brunei as a “Level 1” threat. That low-level warning—which marks it safer than Germany or France—means tourists should “exercise normal precautions” when traveling to the North Borneo region.

Although the White House has claimed it is “concerned” about the situation in Brunei, the U.S. State Department has not explicitly cautioned LGBTQ travelers to stay away. In a statement issued to The Daily Beast, Mike Pompeo’s office also refused to comment as to whether the Trump administration “[objects] to the stoning to death of LGBTQ people under the new law.”

John Tanzella, president and CEO of the International LGBTQ+ Travel Association, claims the lack of transparency surrounding the policy’s implementation just further highlights the fact that the stoning law is “barbaric,” as well as a “flagrant violation of human rights.”

“It's not really surprising that a government that produced such a deplorable law would then avoid speaking to media about it,” he tells NewNowNext. “It underscores their total disregard for debate on this topic.”

According to Amnesty International Brunei researcher Rachel Chhoa-Howard, the government’s unwillingness to answer questions about the stoning law is a reflection of the wider uncertainty surrounding the criminal codes. Chhoa-Howard claims human rights advocates “do not know how these new laws that come into effect are going to be enforced.”

“There's a number of different codes which can be used by courts in Brunei, and it really depends which code they apply to particular offenses,” she tells NewNowNext.

Same-sex intercourse was already illegal in Brunei prior to the institution of its new Sharia codes. Laws dating back to the British colonial era criminalized sodomy with a sentence of up to 10 years behind bars. Those policies will still remain on the books, as Chhoa-Howard points out.

“This is obviously a terrible law that is coming into effect, but it has always been extremely difficult to be LGBTQ in Brunei,” she claims. “This legislation just raises the stakes many times higher.”

As Amnesty International and other advocacy groups call for the immediate repeal of the stoning law, celebrities like George Clooney and Ellen Degeneres have urged a boycott of properties owned by the Sultan of Brunei—including the Beverly Hills Hotel. But when it comes to cancelling their trips, tourists seem to have gotten the memo: Brunei’s tourism revenue fell by 43% between 2009 and 2016.

David McNew/Getty Images

BEVERLY HILLS, CA - MAY 5: Demonstrators protest draconian punishment of women and gay people announced by the Sultan of Brunei near the entrance to the Beverly Hills Hotel, which is owned by the Sultan, on May 5, 2014 in Beverly Hills, California. The Sultan of Brunei is planning to implement a brand of Sharia Penal Code which calls for the stoning of people for various offenses including homosexual acts, adultery, sodomy and extramarital sexual relations, a move that has been criticized by The United Nations. (Photo by David McNew/Getty Images)

Protests in front of the Beverly Hills Hotel.

LGBTQ tourists account for a significant portion of travel to Asia. The spending power of queer and trans travelers on the continent is estimated to be more than $1 trillion annually, according to 2015 figures from the market research firm LGBT Capital.

“It's not been an attractive place for tourists for many years,” Chhoa-Howard concludes, arguing it’s only likely to get worse under the Sharia codes.

For LGBTQ people who have no choice but to visit the sultanate, extreme discretion is advised. The website Tourism Review rates Brunei as a “high risk” for queer and trans travelers, ranking it as one of the 22 most dangerous places in the world. Lonely Planet encourages tourists to “err on the side of caution and not openly advertise their sexual orientation,” while a New York Times travel guide recommends all tourists—gay or straight—“should be mindful about public displays of affection.”

But while the stoning laws remain on the books, a better option for LGBTQ tourists would be gay-friendly Thailand. While Brunei’s government won’t respond to basic inquiries about its travel policies, Thailand has a dedicated department for queer and trans people interested in a visit. “Go Thai, Be Free,” its website beckons.

If only LGBTQ people in Brunei had the same option.

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