UPR Sexual Rights Database

National Report:
Para 25) Palau continues to work towards ratification of the Convention on the Elimination of All Forms of Discrimination Against Women (“CEDAW”). However, challenges remain the same as with the ratification of the other human rights treaties in terms of funding, capacity building, and resources.

National Report:
Para 44) The 2012 Palau Family Protection Act removed the "marital exemption" from Palau National Code. By removal of marriage as a defense, marital rape is now a crime of sexual assault. Rape, including spousal rape, is a crime punishable by a maximum of 25 years imprisonment, a fine of 50,000 USD, or both.

UN Compilation:
Para 39) The United Nations country team noted that Palau had undertaken various legislative reforms that had incorporated provisions of the Convention on the Rights of the Child. The reforms included the adoption of the Family Protection Act (2012), which criminalized domestic violence and marital rape. While having legislative provisions on child protection was a positive step, there were serious concerns regarding inconsistencies across laws.

National Report:
Para 60) The Family Court and Domestic Relations Act provides for the protection of, and court friendly measures for, children, including child victims, witnesses, use of other witnesses.

Para 61) Title 21, Chapter 6, section 601 of the PNC sets forth the National Government's policy with regards to cases involving child abuse. Domestic violence and abuse cases present a sensitive issue and "[i]t is the policy of the National Government to provide for the protection of children..." 21 PNCA §601. This includes protecting the confidential nature of the identities of child witnesses and 21 PNCA § 609 addresses how to maintain a child's anonymity with respect to filing documents with the court and keeping records in matters and proceedings involving child victims and witnesses.

Para 62) While there is no specific provision in the Palau National Code that sets forth procedures for handling child witnesses, 34 PNCA § 6102(a),Adoption of flexible procedures by courts, allows the Palau Judiciary to "adopt a flexible procedure based on the accepted practices of juvenile courts of the United States ..."

Para 63) Applying this rule, the Palau Judiciary may follow the procedures set forth in Title 18 of the United States Code Annotated, regarding witnesses and specifically the rights of child victims and child witnesses. See 18 U.S.C.A. § 3509, Child victims' and child witnesses' rights.

Para 64) The court may take a child's testimony by means other than live, in-court testimony from the child. There are two ways the court can do this:
- Taking the child's live testimony by two-way closed circuit television.
- Taking a videotaped deposition of the child.

Para 65) The above measures are available if the court finds that the child is unable to testify in open court for any of the following reasons:
- The child is unable to testify because of fear.
- There is a substantial likelihood, established by expert testimony, that the child would suffer emotional trauma from testifying.
- The child suffers a mental or other infirmity.
- Conduct by defendant or defense counsel causes the child to be unable to continue testifying.
- Depending on additional facts and circumstances, the Court may rule that the child may testify either live via 2 way closed circuit television (the child is not in the court, but, is testifying in real time during the proceedings), or via a videotaped deposition (the child's testimony is taped and played during the proceedings at a later date).

Para 66) In addition to these two methods that do not require the child's presence in courtroom, if able, the child may also appear live in the courtroom to testify. When a child testifies live, the Court may "close the courtroom" and exclude everyone from the courtroom who does not have a direct interest in the case. The Court may order that the courtroom be closed if it determines, on the record, that requiring the child to testify in open court would cause substantial psychological harm to the child or would result in the child's inability to effectively communicate.

Para 67) Finally, the statute also allows the Court
- The child suffers a mental or other infirmity.
- Conduct by defendant or defense counsel causes the child to be unable to continue testifying.
- Depending on additional facts and circumstances, the Court may rule that the child may testify either live via 2 way closed circuit television (the child is not in the court, but, is testifying in real time during the proceedings), or via a videotaped deposition (the child's testimony is taped and played during the proceedings at a later date).

Para 68) Allowing a child witness to testify by these means all serve to protect child witnesses from further trauma and also attempt ensure that the child is able to testify capably. These measures are also in line with the National Government's policy to protect children who have been subject to abuse or neglect.

Para 69) Crimes committed against children are sealed records to protect their identity and prevent further re-victimization.

National Report:
Para 25) Following the first UPR report, the Government of Palau implemented the recommendations of the Human Rights Council by signing the core human rights treaties at the margins of the 66th UN General Assembly in 2011.
- ICCPR
- ICESCR


Stakeholder Summary:
Para 1) ... on the 20 September 2011, Palau had become a signatory to the ... ICCPR, ICESCR, CEDAW