UPR Sexual Rights Database

UN Compilation:
Para 45) [CRC] expressed concern that there was no legislation specifically addressing the exploitation of children via sexually explicit videos, photographs and electronic images.

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 9) ARCI stated that recommendations were made to the government of Palau concerning discrimination on the basis of sexual orientation and gender identity in 2011 during the country's first UPR, some of which were accepted. Among these recommendations, ARCI highlighted the recommendation to repeal all provisions in domestic legislation criminalizing consensual sexual activity between same sex adults and to combat discrimination against LGBT persons through political, legislative and administrative measures.

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.

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:
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.