Malaysia vs. Brunei
Transnational Issues
| Malaysia | Brunei | |
|---|---|---|
| Disputes - international | while the 2002 "Declaration on the Conduct of Parties in the South China Sea" has eased tensions over the Spratly Islands, it is not the legally binding "code of conduct" sought by some parties, which is currently being negotiated between China and ASEAN; Malaysia was not party to the March 2005 joint accord among the national oil companies of China, the Philippines, and Vietnam on conducting marine seismic activities in the Spratly Islands; disputes continue over deliveries of fresh water to Singapore, Singapore's land reclamation, bridge construction, and maritime boundaries in the Johor and Singapore Straits; in 2008, ICJ awarded sovereignty of Pedra Branca (Pulau Batu Puteh/Horsburgh Island) to Singapore, and Middle Rocks to Malaysia, but did not rule on maritime regimes, boundaries, or disposition of South Ledge; land and maritime negotiations with Indonesia are ongoing, and disputed areas include the controversial Tanjung Datu and Camar Wulan border area in Borneo and the maritime boundary in the Ambalat oil block in the Celebes Sea; separatist violence in Thailand's predominantly Muslim southern provinces prompts measures to close and monitor border with Malaysia to stem terrorist activities; Philippines retains a dormant claim to Malaysia's Sabah State in northern Borneo; per Letters of Exchange signed in 2009, Malaysia in 2010 ceded two hydrocarbon concession blocks to Brunei in exchange for Brunei's sultan dropping claims to the Limbang corridor, which divides Brunei; piracy remains a problem in the Malacca Strait | per Letters of Exchange signed in 2009, Malaysia in 2010 ceded two hydrocarbon concession blocks to Brunei in exchange for Brunei's sultan dropping claims to the Limbang corridor, which divides Brunei; nonetheless, Brunei claims a maritime boundary extending as far as a median with Vietnam, thus asserting an implicit claim to Louisa Reef |
| Illicit drugs | drug trafficking prosecuted vigorously, including enforcement of the death penalty; heroin still primary drug of abuse, but synthetic drug demand remains strong; continued ecstasy and methamphetamine producer for domestic users and, to a lesser extent, the regional drug market | drug trafficking and illegally importing controlled substances are serious offenses in Brunei and carry a mandatory death penalty |
| Refugees and internally displaced persons | refugees (country of origin): 119,230 (Burma) (2019) stateless persons: 111,298 (2020); note - Malaysia's stateless population consists of Rohingya refugees from Burma, ethnic Indians, and the children of Filipino and Indonesian illegal migrants; Burma stripped the Rohingya of their nationality in 1982; Filipino and Indonesian children who have not been registered for birth certificates by their parents or who received birth certificates stamped "foreigner" are not eligible to attend government schools; these children are vulnerable to statelessness should they not be able to apply to their parents' country of origin for passports | stateless persons: 20,863 (2020); note - thousands of stateless persons, often ethnic Chinese, are permanent residents and their families have lived in Brunei for generations; obtaining citizenship is difficult and requires individuals to pass rigorous tests on Malay culture, customs, and language; stateless residents receive an International Certificate of Identity, which enables them to travel overseas; the government is considering changing the law prohibiting non-Bruneians, including stateless permanent residents, from owning land |
| Trafficking in persons | current situation: Malaysia is a destination and, to a lesser extent, a source and transit country for women and children subjected to conditions of forced labor and women and children subjected to sex trafficking; Malaysia is mainly a destination country for foreign workers who migrate willingly from countries including Indonesia, Nepal, India, Thailand, China, the Philippines, Burma, Cambodia, Laos, Bangladesh, Pakistan, and Vietnam, but subsequently they encounter forced labor or debt bondage at the hands of their employers in the domestic, agricultural, construction, plantation, and industrial sectors; a small number of Malaysian citizens were reportedly trafficked internally and to Singapore, China, and Japan for commercial sexual exploitation; refugees are also vulnerable to trafficking; some officials are reportedly complicit in facilitating trafficking; traffickers lure Rohingya women and girls residing in refugee camps in Bangladesh to Malaysia, where they are coerced to engage in commercial sex tier rating: Tier 2 Watch List - Malaysia does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so; the government identified more victims, increased the number of trafficking-specialist prosecutors, drafted victim identification standard operating procedures, identified two volunteer victim assistance specialists that worked with more than 100 victims, and co-hosted the first national conference on anti-trafficking; however, authorities prosecuted and convicted fewer traffickers and investigated few trafficking cases; despite the issue of corruption, insufficient efforts were made to prosecute officials' complicity in trafficking-related crimes or to report the results of investigations into such crimes; insufficient interagency coordination and victim services discouraged foreign victims from participating in criminal proceedings; no resources were devoted to a written plan that, if implemented, would constitute significant efforts to meet the minimum standards; Malaysia was granted a waiver per the Trafficking Victims Protection Act from an otherwise required downgrade to Tier 3 (2020) | current situation: human traffickers exploit foreign victims in Brunei; some men and women who migrate to Brunei to work as domestics or in retail or construction are subject to involuntary servitude, debt-based coercion, contract switching, non-payment of wages, passport confiscation, physical abuse, or confinement; some female migrants entering Brunei on tourist visas are forced into prostitution; some traffickers use Brunei as a transit point for victims used for sex and labor trafficking in Malaysia and Indonesia tier rating: Tier 2 Watch List - Brunei does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so; the government enacted the 2019 Trafficking in Persons Order, which criminalized sex and labor trafficking and separated trafficking crimes from migrant smuggling crimes; the government formalized its interagency anti-trafficking in persons committee; instituted a committee to review foreign worker recruitment practices, ratified the ASEAN Convention against Trafficking in Persons, and acceded to the UN TIP Protocol; however, authorities did not formally identify any trafficking cases, did not initiate any new trafficking prosecutions, and did not convict any traffickers; trafficking victims continued to be detained, deported, and charged with crimes without law enforcement determining if they were forced to commit the illegal acts by traffickers; the government again did not allocate money to a fund established in 2004 for victim compensation and repatriation; a draft national action plan to combat trafficking was not completed for the sixth consecutive year (2020) |
Source: CIA Factbook
