UPR Sexual Rights Database

UN Compilation:
Para 1) The United Nations country team stated that Palau had acceded to or ratified only two of the nine international human rights treaties listed in the table above, namely CRC and CRPD, the latter of which it had ratified in 2013 after its previous universal periodic review ...

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
- CEDAW

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

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 ...

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.