UPR Sexual Rights Database

National Report:
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.

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.

UN Compilation:
Para 18) [CRC] expressed concern that … that girls, … were subject to discrimination and were more exposed to exclusion.

National Report:
Para 102) The Penal Code has been amended to decriminalize sexual relations between consenting adults of the same sex.

UN Compilation:
Para 16) The country team stated that, following recommendations received in 2011 Palau had revised its Penal Code and decriminalized consensual same sex sexual activity in April 2014. Prior to this, "sodomy" was a crime under section 2803, chapter 28 of title 17 of the Palau National Code.

Stakeholder Summary:
Para 3) KHRF asserted that Palau had signalled its support for the protection and maintenance of the human rights of LGBTI persons by becoming a signatory to the joint statement on "Ending Acts of Violence and Related Human Rights Violations Based on Sexual Orientation and Gender Identity", delivered during the general debate of the Human Rights Council in September 2011. KHRF stated that by signing the Joint Statement on Sexual Orientation and Gender Identity Palau acknowledged its responsibility to end human rights violations against all those who were vilified and to prevent discrimination in all forms.

Para 10) KHRF reported that in 2014, Palau had acted on this recommendation by repealing its legislative provisions which criminalised consensual sexual activity between persons of the same sex. Palau had done this through the introduction of a new Penal Code that did not contain any prohibitions on consensual same-sex sexual activity. ARCI stated that this new legislation represented both a monumental affirmation that Palau was committed to upholding its obligations under international human rights law, and that it was committed to implementing "accepted" recommendations coming from international mechanisms, such as the UPR process. ARCI commended Palau for this achievement.

Para 11) KHRF stated that since its previous Universal Periodic Review in 2011, Palau had considered legislation punishing hate crimes on the basis of sexual orientation and gender identity, and supported the efforts of the international community to address discrimination against LGBTI persons

Para 12) KHRF stated that nevertheless, in addition to lacking any constitutional protections for LGBTI persons, Palau did not have any explicit laws or policies that prohibited discrimination of a person based on sexual orientation, gender identity or gender expression. In this sense, KHRF considered Palau had not implemented measures to give effect to the UPR recommendation that it combat discrimination against LGBTI people through political, legislative and administrative measures, despite having accepted it.

National Report:
Para 75) The legal age of marriage in Palau has remained the same since the last reporting. Males must be at least 18 and females at least 16; if the female is less than 18, she must have consent of at least one parent or guardian. 21 PNC § 201.

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 ...