UPR Sexual Rights Database

"National Report:
Para 18)
- The Bureau of Public Safety and the Office of the Attorney General have conducted training on domestic violence.
- The Judiciary has ongoing meetings with the Family Protection Act committee to review ongoing progress and challenges in implementing the Act.

Para 23) Human Rights are protected under the Constitution of Palau. Additionally, new laws have been passed by Congress that further protect human rights. These include:
- Family Protection Act(FPA) of 2012 (Chapter 8, Domestic Relations Act);

Para 29) The Palau National Framework on Early Childhood, under the Domestic Relations Law, established the National Framework on Early Childhood Council, which is tasked to develop a guideline on early childhood care and education which is in progress. Technical assistance is requested for the development of an implementation framework that would strengthen the on-going work as a result of the Violence Against Women (VAW) studies.

Para 47) The Judiciary Branch recently constructed a new court building specifically for the Court of Common Pleas which included construction of a temporary dwelling for victims of domestic violence. In addition, religious organisations offer support to the government by opening their churches for victims in need of a safe house. Furthermore, the Belau National Hospital allows for social admissions to victims in need of shelter.

Para 94) The issue of violence against women has been highlighted in the recent Belau Family Health and Safety Study on the prevalence of violence against women and girls. Additionally, a Gender Mainstreaming Policy is currently being drafted and would essentially mainstream gender within the National and State government policies and programs.

Para 95) Palau enacted the Family Protection Act (FPA), 21 PNC § 101 et. seq., which contains specific sections that create an obligation for reporting abuse, sexual abuse or neglect, creates immunity for mandatory reporting and imposes penalties for violations. There are procedures for testifying out of the presence of the defendant and maintaining the confidential identity of child victims and witnesses, as well as definitions that expand victims of abuse to include anyone who is a family or household member. There are also domestic abuse restraining orders and protective orders.

Para 96) There is a Memorandum of Understanding on implementing the FPA which includes provisions for counselling, investigation, and prosecution. Regular meetings improve the coordination between the different agencies impacted by the FPA.

Para 97) More training and hiring of a coordinator and specialised personnel such as victim’s advocates and counsellors are needed. The capacity to facilitate mandatory reporting is a challenge for key Ministries such as the Ministry of Health, which requires dedicated resources and proper data management systems.

Para 98) The Community Guidance Center and the Division of Behavioral Health provide treatment for abusers and victims through evaluation, psychosocial assessment, behavior modification, medication management, education on alcohol and drug abuse, and access to services and rights.

Para 99) Since the first report, marital rape is now a crime of sexual assault. By removal of marriage as a defense, sexual assaults may be committed in a marital relationship.


Para 101) There is a proposed bill in Congress to amend the current law, whereby land inheritance passes to the oldest male heirs and child, to extend inheritance rights to spouses and children in the absence of a will, thus according equal inheritance rights for women and girls.

Para 103) The FPA committee has conducted a series of trainings with key government agencies on the implementation of the FPA. There is funding provided by the Government and donor partners; however successful implementation of the FPA requires significant funding from government and donor agencies. The Office of the Attorney General provides training on the new Penal Code and the FPA.

Para 104) The Bureau of Public Safety under the Ministry of Justice organizes the annual “White Ribbon” community campaign. The White Ribbon campaign is a global initiative launched in the region for the purpose of ending violence against women. It is the world’s largest movement of men and boys working to end violence against women and girls and to promote gender equity, healthy relationships and a new vision of masculinity. This has been a key component in transforming attitudes and sensitizing men and boys on this issue.

Para 105) The Judiciary recently constructed a new building for the Court of the Common Pleas, which included a location for filing protection orders for victims of domestic violence and temporary dwelling quarters. An MOU was signed between the Ministry of Community & Cultural Affairs and the Bureau of Public Safety, Family Court, Ministry of Health and the Victims of Crime Assistance Unit to aid implementation of the FPA, including raising awareness and education of the new law.

Para 106) Current programs implemented by the government include the annual White Ribbon Campaign, production of Information Education Communication materials and media ads, and the provision of outreach programs in schools, parent-teacher meetings and a national women’s conference. These programs are carried out in partnership with the Ministry of Community and Cultural Affairs, Family Court, Ministry of Justice, Ministry of Health, Ministry of Education and Center for Women Empowerment Belau.

Para 107) The Bureau of Public Safe, Family Court and the Belau National Hospital each have separate data-bases on domestic violence cases, which could be improved and centralized. [See table]

Para 108) The enactment of the FPA and subsequent increase in public awareness of the law has resulted in an increased number of cases being reported. In addition, training that has been provided to the implementing agencies has resulted in an increased number of cases being reported to the Bureau of Public Safety. This year 92 cases were reported.

UN Compilation:
Para 17) The country team highlighted that Palau had taken steps to address domestic violence and child abuse in the country. In 2012, Palau had passed the Family Protection Act, which criminalized domestic violence, instituted a no-drop policy for domestic violence and stipulated that customary restitution for domestic violence cases did not do away with criminal charges for the acts of violence committed. The Family Protection Act provided for a broad definition of domestic violence, made protection orders accessible and highlighted the need for the establishment and coordination between services for survivors of violence. More specifically, the Act expanded on and strengthened the ability of police officers to assist family violence victims and outlined legal penalties for acts of family violence and abuse

Para 20) The country team commended Palau for passing the Family Protection Act and encouraged the Government of Palau to raise awareness and advocacy among targeted audiences for greater understanding and knowledge of the provisions of that law.

Para 36) The country team reported that, following the results of the national Family Health and Safety Study, released in 2014, discussions were under way on how to ensure that the health system was more responsive to gender-based violence, which would include more relevant and sensitive data collection and patient information system, the development of service guidelines and protocols, the allocation and development of dedicated health staff and enhanced advocacy and awareness at the community level."

UN Compilation:
Para 5) ... PTT reported that this had led to the creation of the "Family Protection Act" and the new reformed Penal Code as well as other new laws to be undertaken to ensure the protection of women's rights and antidiscrimination. PTT asserted that the national government still needed to work on better cohesive resources, capacities and coordination to enforce laws and provide necessities for women, the elderly and vulnerable groups ...

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.
- ICESCR

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

National Report:
Para 7) Although Palau has yet to ratify the International Covenant on Civil and Political Rights (“ICCPR”), the Constitution of the Republic of Palau gives the people living in Palau the right to enjoy their civil and political rights, as well as their economic, social and cultural rights. Article IV of the Palau Constitution enumerates fundamental rights. Specifically, Article IV, § 5 of the Palau Constitution provides in relevant part: “Every person shall be equal under the law and shall be entitled to equal protection. The government shall take no action to discriminate against any person on the basis of sex, race, place of origin, language, religion or belief, social status or clan affiliation ….”
Para 8) Article IV, § 3, further states, “The government shall take no action to deny or impair the right of any person to peacefully assemble and petition the government for redress of grievances or to associate with others for any lawful purpose including the right to organize and to bargain collectively.”
Para 9) The people of Palau continue to enjoy the freedom to exercise their civil and political rights without discrimination in any form. Palau continues to work towards ratification of the ICCPR, 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:
B) National measures and policies: … Palau National Gender Mainstreaming Policy (2018)
Para 35) The Palau National Gender Mainstreaming Policy 2018–2023 was endorsed in 2018. The purpose of the policy is to guide the process of developing laws, policies, procedures and practices that will address the needs, priorities and aspirations of all women and men.
Para 36) Policy strategic objectives: • All women and men participate in decision making in all areas of life. • All women and men have the same opportunities to earn incomes and fulfill their needs. • All women and men are safe and protected in their homes, at school, in workplaces, and all other private and public spaces. • All women and men have access to resources needed to be healthy and resilient and to support their wellbeing.
Para 37) The Palau Country Plan 2020-2022, which aims to improve the political, economic and social opportunities of women in the Republic of Palau, was developed with support from Australia to help Pacific countries meet the commitments they made in the Pacific Leaders’ Gender Equality Declaration in 2012. The Plan builds on the achievements of and lessons learned from the first phase of implementation. The goal of the Plan is: • Women in Palau (regardless of income, location, disability, or age) participate fully, freely, and safely in political, economic, and social life. • International Women’s Day (“IWD”) Forum is celebrated annually and brings together women leaders in the various sectors in Palau, and is an additional platform for women to discuss issues relating to the role of women and challenges to family support policies such as maternity leaves and child care services.
Para 38) Culturally, Palau is a matrilineal society in which traditional titles and authorities are inherited through the female members of the clan. Traditionally, women hold positions of power and respect.

UN Compilation:
Para 38) The United Nations country team noted that during the second review cycle, Palau had supported the recommendation that it take measures to facilitate greater participation and representation of women in public office. Under the Constitution, women were afforded equality of opportunity with men, and recommendations by Mechesil Belau, the association of women’s chiefs, were said to be given high consideration in legislative matters. However, women remained underrepresented in the national congress, in the cabinet and in senior leadership positions. Some 12.5 per cent of the 16 members of parliament were women. Palau had also supported recommendations that it promote gender equality through its policies and programmes. Palau had adopted a gender mainstreaming policy, which had come into force in April 2018.