UPR Sexual Rights Database

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.

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.
- Convention on the Elimination of All Forms of Discrimination against Women

Para 93) Palau is one of three Pacific Countries that has progressed MDG 3 on Achieving Gender Equality and Empowerment of Women. Steps taken towards ratification of CEDAW have focused on awareness programs and consultations with key stakeholders, including the Mechesil Belau.

Stakeholder Summary:
Para 1) ... It noted that Palau had ratified the Convention on the Rights of Persons with Disabilities on 11 June 2013 and that on the 20 September 2011, Palau had become a signatory to the ... CEDAW ...

National Report:
Para 32) The national government, through Asian Development Bank (ADB), developed and funded a project to “Strengthen Social Protection of Vulnerable Populations Impacted by COVID-19”. The project addresses the immediate COVID-19 related needs (health, social, and income support) for … victims of family and gender-based violence.
Para 39) The Family Protection Act became law on November 13, 2012. The law is “to offer protection and create effective remedies to deter acts of family violence, expand and strengthen the ability of police officers to assist family violence victims, enforce the law effectively against family abusers, and establish family violence as a serious crime which will not be excused or tolerated, by bringing to bear strong law enforcement and appropriate legal penalties for acts of family violence and abuse.”
Para 40) The MCCA reviewed the FPA in 2018 with support from Australia’s Department of Foreign Affairs and Trade (“DFAT”). An implementation plan for the FPA has been approved by the FPA key implementing agencies. An MOU is being drafted and finalized to reflect the FPA implementation plan and new partners – the MOE and the Palau Office of Planning and Statistics.
Para 41) The FPA Coordinator is based in the MCCA and is tasked to coordinate the stakeholder agencies implementing the FPA and to lead the coordination of public awareness on gender-based violence. Awareness is conducted through community and school outreach programs.
Para 42) The Asian Development Bank (ADB) grant-funded “Strengthen Social Protection of Vulnerable Populations Impacted by COVID-19” project is a three-part project designed to address the immediate COVID-19 related needs of the low-income, homebound elderly and persons with disabilities, small-scale agriculture producers, and victims of family and gender-based violence. Among the project outputs is to enable multidisciplinary responses to address gender-based violence. This output will address two priority gaps in the current response to family and gender-based violence in Palau: (i) lack of integrated case management support for victims in navigating the legal, health, and social services systems; and (ii) lack of sustained prevention-oriented communications.
Para 43) The FPA is both a civil and a criminal process. The civil side addresses the immediate need for victim shelter and the restraining order process while the criminal side addresses the abuser’s behavior. • Short-term, temporary accommodation is available for victims of domestic violence who are accessing court services. • Informal support is being provided through cultural and family connections and church networks to provide shelter for the victims of domestic violence. • There are limited formal or recognized support services provided for victims of domestic violence. • There is no victim advocate that has the knowledge and skills to support victims of domestic violence.
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.
Para 70) The Government of the Republic of Palau continues to promote the fundamental values of the Universal Declaration of Human Rights (“UDHR”). With increased public education and awareness, the Bureau of Public Safety, as first responders, has been able to respond to reports of domestic violence, specifically against women and children. … Gender-based violence awareness is conducted throughout the community including school outreach programs. A focal activity remains the 16 Days of Activism Against Gender-based Violence from 25 November to 10 December annually and involves community partners and all stakeholders implementing the Palau FPA including the Ministry of Community and Cultural Affairs, Ministry of Health and Human Services, Office of the Attorney General, Bureau of Public Safety, Ministry of Education and the Office of Planning and Statistics.

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 57) The new Penal Code, effective July 2014, defines Child Exploitation crimes in 17 PNC 1801-1808. These include Electronic Enticement of Children, 17 PNC § 1807, which criminalizes the possession and promotion of child pornography and use of the computer to engage in sexual activities and entice children under the age of 18 to meet with predators. Sexual Assault Offenses, 17 PNC Chapter, have been expanded to include offenses such as pornography, continued sexual assault of a minor, sexual harassment and incest.

Para 58) The mandatory Registration of Sex Offenders, 17 PNC Chapter 17, is also in the new Penal Code. The Office of the Attorney General, in collaboration with the Bureau of Public Safety, has created a sexual offender registry list. There is ongoing work between the two agencies to implement the sex offender registration program and eventually post it publicly online.

UN Compilation:
Para 27) The enactment of the FPA and revision of the Penal Code to increase penalties for offences against children provide protective measures for children and deterrence of targeted crimes against children. The Domestic Relations Act provides for ... mandated reporting of child abuse, neglect and sexual abuse.

Stakeholder Summary:
Para 24) Regarding recommendation 61.38 on human trafficking, MLSC (Micronesian Legal Services corporation) reported that Palau's recently updated Penal Code now contained detailed provisions regarding human and labour trafficking, inter alia: ... the codification of the offence of people trafficking, which broadly included recruiting, transporting, transferring, harbouring or receiving a person for the purposes of exploitation (sexual servitude, prostitution, forced labour or services, or slavery) by threat, use of force, abduction, fraud, deception, etc ...