UPR Sexual Rights Database

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 66) In terms of the economy and work, women's participation in the labour market has increased, although the biggest increase has been in the informal sector. Despite greater participation, women still do not enjoy equal pay or the opportunity to occupy leadership or decision-making positions on an equal footing with men.

Para 124) Between 2004 and 2014, women's participation in the labour market increased from 46.6 per cent to 49.4 per cent, although this proportion is low given that women tend to have a higher standard of education than men. The female unemployment rate which in 2004 was 16.3 per cent, fell to 5.3 per cent in 2013. The male unemployment rate fell from 9 per cent in 2013 to 3.3 per cent in 2014.

UN Compilation:
Para 43) UNCT points out that Panama is one of the countries in the region with the lowest percentage of women members of Parliament (12 per cent in the Assembly elected in 2014). Moreover, there are no women members of the Supreme Court.

Stakeholder Summary:
Para 32) The International Human Rights Clinic of the University Of Oklahoma College Of Law (IHRC-OU) noted that, since 2011, Panama had made some progress to guarantee more women's participation in government. However, as of 2012, Panama ranked 105 out of 129 countries globally and lowest in the region in women's representation at high decision-making levels of government.

National Report:
Para 12) The National Council on Gender Parity promotes and generates spaces for coordination between government actors, the private sector and non-governmental organizations working towards equity between men and women. Its aims to … reducing the gender wage gap.
Para 54) Panama has a gender equality seal for the private and public sectors, the purpose of which is to increase the number of women in decision-making positions and to eliminate the wage gap between men and women.
Para 61) Following the reform of 2017, women’s political participation is regulated in such a way as to ensure that at least 50 per cent of candidates on nomination lists for political parties’ internal elections (but not general elections) are women. Political parties must nominate a minimum number of female candidates and in a proportion such that they have a chance of being elected. Lists that fail to meet the requirements will not be accepted.
Para 62) The 2017 reform also resulted in other important advances in women’s political participation, namely the recognition of the National Forum of Women Members of Political Parties as a permanent advisory body of the Electoral Tribunal and the requirement that political parties provide for the formation of a secretariat for women or equivalent body within their structure, conferring upon it the powers set forth in the Electoral Code and its regulations and in their party statutes.
Para 64) In 2018, the Institute created a gender equality office, whose strategic goals include the promotion of legal and institutional mechanisms that ensure women’s participation and leadership in the political and civic activities undertaken by local and national government authorities and political parties.
Para 69) In 1997, a gender quota was introduced in Panamanian electoral law with the stipulation that in their internal elections, political parties would ensure that at least 30 per cent of candidates for party positions and nominations to run for elected office were women. In 2012, it was decided that at least 50 per cent of candidates for internal elections, primaries and nomination lists must be women. This and other factors have contributed to the increase in women’s political participation.
Para 70) A legislative amendment of 2017 established that at least 50 per cent of candidates on nomination lists for political parties’ internal elections (but not general elections) must be women. Political parties must nominate a minimum number of female candidates and in a proportion such that they have a chance of being elected. Lists that fail to meet the requirements will not be accepted.

UN Compilation:
Para 53) The United Nations country team noted that women were underrepresented in appointed positions in the executive and judicial branches as currently only 14.3 per cent of ministerial portfolios were held by women. During the 2009–2014 term, the corresponding figure had been 12.9 per cent – a very low percentage when compared with the regional average of 25.4 per cent.

Stakeholder Summary:
Para 8) The Ombudsman’s Office reported that, although progress had been made in labour matters, there was still a long way to go to close the gender gap apparent in the labour market and in wages.
Para 49) JS4 stated that pay parity figures attest to a debt towards women, while JS7 noted that women of African descent suffer higher unemployment and lower wages.