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Palau - Twenty Fourth Session - 2016
21 January 2016, 14:30–18:00
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National Report
Compilation of UN Information
Stakeholder Information
Accepted and Rejected Recomendations
National Report
B. Institutional frameworks
8. The Office is a member of the NHRWG and actively reviewed legislation relating to
domestic violence, human trafficking and combating sexual exploitation of children.
Micronesian Legal Services Corporation
9. Micronesian Legal Services Corporation (MLSC) was established in 1970 and has offices throughout Micronesia with its central headquarters in the Commonwealth of the Northern Mariana Islands. The mission of MLSC is to provide equal access to justice and high quality civil legal assistance to low income people. The office in the Republic of Palau provides legal services for: child support; marriages; divorces; probation; contracts; land matters; small claims; and wills.
IV. Human rights promotion, education and public awareness
18. A number of government Ministries conduct human rights awareness programs in specific areas such as gender equality, education, HIV and AIDS, disabilities, violence against women and children, human trafficking, non-communicable diseases, the impact of climate change on food security, health, property etc ...
- The Bureau of Public Safety and the Office of the Attorney General have conducted training on domestic violence.
- The Micronesian Legal Service Corporation conducted a public awareness meeting on the rights of migrant workers ...
- The Ministry of Health does ongoing awareness campaigns on the prevention of HIV/AIDS at schools and public places ...
- Every year on November 25, the President of the Republic of Palau issues a proclamation encouraging all residents of Palau “to make a choice, to take a stand to end all violence against women and girls.”
V. Follow-up and implementation of recommendations and commitments undertaken in the previous review
A. Human rights treaties and procedures
Recommendations 60.1–4: Standing Invitation to all special procedures of the Human Rights Council
19. At Palau’s first UPR interactive dialogue a standing invitation was extended to all special procedures of the human rights council and Palau extends the invitation again to relevant Special Rapporteurs and special representatives to progress our human rights commitments in areas relating to children, persons with disabilities, violence against women, climate change, human trafficking and migrant workers.
Recommendations 60.5: Engaging civil society in the UPR follow up process
20. The NHRWG engaged Civil Society Organisations and the Disabled Persons Organisation on a number of processes including the treaty body reporting for the Convention on the Rights of the Child (CRC) and the Convention on the Rights of Person with Disabilities (CRPD) ratification and the UPR consultations. However, there is an absence of a coordinating body to support civil society with their reporting which resulted in the untimely submission of stakeholder reports.
Recommendations 61.1: Incorporating CRC into domestic legal system
21. Congress ratified the (CRC) by way of a resolution and has yet to enact specific legislation to implement the Convention. However some legislative changes related to articles of the CRC have progressed; these include the prevention of sexual assault of children, higher penalties as a form of deterrence in the area of human trafficking of children1, sexual exploitation of children and domestic violence inclusive of children. Furthermore, the new Penal Code incorporates the registration of sexual offenders, 17 PNC § 1700–1709. The Constitution further guarantees the people of Palau, including children, the right to free or subsidized primary care, freedom of expression, free education and other forms of protection.
22. Efforts have been made by the Government in other areas, including the National Health Insurance Coverage targeting children and proposed legislation in Congress on child seatbelt and restraint. The Ministry of Health, in partnership with UNICEF and the Australian DFAT, commissioned a Child Protection Baseline Report.
Recommendations 61.2: Ensure human rights are afforded legal protection in Palau, Bringing national laws in line with provisions of these instruments (Recommendations 61.4–5)
23. Human Rights are protected under the Constitution of Palau. Additionally, new laws have been passed by Congress that further protect human rights. These include:
• Family Protection Act(FPA) of 2012 (Chapter 8, Domestic Relations Act);
• New Penal Code includes Labour Trafficking, Anti-Smuggling and Anti Trafficking crimes and offenses, as well as Child Exploitation crimes and offenses.
26. In 2013, the Government of Palau ratified the convention on the Rights of Persons with Disabilities and has completed its combined 2nd and 3rd reports on the Convention on the Rights of the Child.
Recommendations 61.14: Take measures to ensure the full implementation of the principles and provisions of the CRC. Intensify efforts to establish an Ombudsman for Children to deal with complaints of violations of the rights of the child, particularly those related to child exploitation and sexual violence
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 civil and criminal enforcement of child support including reciprocal enforcement. The law also provides for adoption2, custody, inheritance3 and mandated reporting of child abuse, neglect and sexual abuse. Adoption of non-national children is allowed and these children are treated the same as a natural born child for inheritance purposes, except land inheritance, which is subject to special protection under Palauan constitutional and statutory law.
28. Crimes against children are dealt with in compliance with the CRC and protection is afforded to a child witness or victim which also allows them to testify outside a courtroom. Customary reconciliation is recognized, but this is not a method of barring the criminal prosecution of the crime.
29. The Palau National Framework on Early Childhood4, under the Domestic Relations Law, established the National Framework on Early Childhood Council, which is tasked to develop a guideline on early childhood care and education which is in progress. Technical assistance is requested for the development of an implementation framework that would strengthen the on-going work as a result of the Violence Against Women (VAW) studies.
30. Areas requiring support include the Protective Service Agency, the establishment of centers for children and additional legal reforms based on the principle of best interest of the child. Proposed legislation to establish a child foster care system was introduced in the Senate in October 2015.
31. In reference to the recommendation for the establishment of an Ombudsman for children, no progress has been noted; however, multiagency collaboration ensures better access to children who are victims of crime and need legal protection. In addition, the Victims of Crime Assistance (VOCA) provides similar services and collaborates with other agencies such as health and education to address this issue. There is also a recently chartered non-profit organization called NgaraUbeng that provides guidance and opportunities for at-risk youths and seeks to aid in the rehabilitation and social reintegration of youth offenders.
32. Palau has limited resources and utilizing inter-agency cooperation to support this work is more practical than having an Ombudsman for children. In order to implement this recommendation, additional programs, data, financial and human resources are necessary.
C. Human trafficking
Recommendations 61.15, 36, 37, 38: Human trafficking, prevention and combating trafficking
38. Palau has adopted legal measures and enforcement strategies to combat human trafficking through17 PNC § 2001-07 (labor trafficking), and 2102–13 (human trafficking). These relatively new laws include protections in the areas of employment and the unlawful detention of travel documents. Furthermore, 17 PNC § 2005 allows for repayment of income and repatriation benefits. There are also harsher penalties for trafficking. For example the illegal movement of children is punishable by up to 50 years imprisonment and/or $500,000 fine; and for other persons it is punishable for up to 10 years and/or fine of $50,000.
D. Children
Recommendations 61.16- 17, 23, 38–46, 62.29-31, 34-37: Children’s rights, policies, programmes and services to provide children with greater protection and care
50. Traditional Palauan culture and current statutory and constitutional protection afford a high degree of care to Palauan children. In addition to these, Palau has demonstrated its commitment to protect and promote children’s rights by ratifying both the UN CRC and the UN CRPD.
51. Palau awards its children protection rights to be safeguarded against abuse, neglect, exploitation, drugs and pornography and to be given special consideration by the justice system, in the workplace, and in times of war. Children with special needs have the right to receive special care (e.g., disabled, ethnic minorities, children without families, children who are adopted, and children living in poverty). As mandated by Article IV, section 11of the Constitution, “The government shall protect children from exploitation.”
52. The enactment of the Family Protection Act and revision of the Penal Code further provide protective measures for children and deterrence of targeted crimes against children.
53. The areas requiring support include the Protective Service Agency, the establishment of centers for children and additional law reforms based on the principle of best interest of the child. There is no clear "Juvenile Act" for the treatment of delinquent children; however there is a Juvenile Delinquency and Curfew law found in 34 PNCA Chapter 61.This law needs to be expanded to be more comprehensive in addressing this issue.
54. The National Youth Policy encompasses a plan for children. It is spearheaded by the Ministry of Community and Cultural Affairs, Division of Youth Affairs, and needs to be fully resourced and implemented.
55. The Belau Head Start Program provides comprehensive services that include health (Medical, Nutrition, Dental and Mental Health), education, disability, family/community partnership and facility & transportation to children between the ages of 3–5 years old and their families regardless of their ethnicity, nationality, gender and religion. Its mission is to work in partnership with families and communities to promote the health and educational success of our children. It aims to:
• respect the cultural diversity of each child;
• empower families to become involved in their child’s health and education; • foster a learning environment conducive for the child;
• promote healthy growth and development of the child;
• promote a sense of belonging for the child;
• provide a continuum of care, education and services for the child; and • promote and strengthen partnerships with families and the community.
Reporting obligations under the CRC (Recommendation 61.20)
56. The NHRWG has finalised Palau’s second and third combined periodic report on the CRC, which is currently awaiting endorsement from the President of the Republic of Palau.
Laws to protect children from economic and sexual exploitation (Recommendations 61.38–39), Laws to combat sexual abuse of children (Recommendation 61.40), Implement legislation that specifically addresses child sexual exploitation through electronic images and take appropriate measures to adequate legal protection of children, including boys against CSEC (Recommendations 62.34–35), Combat Sexual Exploitation of Children, Child Labour laws and commercial sexual exploitation of children (Recommendations 62.36–37)
57. The new Penal Code, effective July 2014, defines Child Exploitation crimes in17 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 Chapter16, have been expanded to include offenses such as pornography, continued sexual assault of a minor, sexual harassment and incest.
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.
59. The Family Protection Act Committee has been active in promoting awareness of the new law, affording people comfort and safety in reporting sexual assault and domestic violence. This has caused the increase in sexual assault cases reported since January 2015, focusing especially on victims who are children.
Investigations of all alleged sexual abuse of children in a child friendly judicial procedure, with due regard to protecting the right to privacy of the child (Recommendation 61.41)
60. The Family Court and Domestic Relations Act5 provides for the protection of, and court friendly measures for, children, including child victims, witnesses, use of other witnesses.
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.
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...”
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.
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.
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).
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.
67. Finally, the statute also allows the Court, on motion by any person, to issue an order protecting the child witness from public disclosure of the child’s name or any other information concerning the child, if the court determines that there is a significant possibility that such disclosure would harm the child.
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.
69. Crimes committed against children are sealed records to protect their identity and prevent further re-victimization.
Measures to combat, prevent and punish acts of child neglect and child abuse (Recommendation 61.42)
70. Family Protection Act provisions address child neglect and abuse and measures within the law, such as protective orders. The law requires mandatory reporting of child abuse and neglect by the public, establishes penalties for failure to report and provides protective custody of children, 21 PNC § 601-05.
Corporal punishment (Recommendations 61.43-45)
71. The Penal Code, 17 PNC § 310, regulates the use of force against children and other persons under care or control of another. This provision limits physical discipline of children, prisoners and others under care or control.
72. The Ministry of Education School Handbook 2010, PRIDE project, provides policies, rules, regulations and guidelines for students, teachers and non-teaching school personnel in the public school system. The handbook states, “Corporal punishment is not allowed in the public school system. Teachers and staff are reminded that corporal punishment ... will constitute a cause for suspension or termination of employment.”
Street children (Recommendation 61.46)
73. This is irrelevant due to no data or evidence in this area.
Minimum age for criminal responsibility (Recommendations 62.30-31)
74. The new Penal Code17 PNC §106 enacted July 2014, states that children under the age of 10 years are conclusively presumed to be incapable of committing any crime. Children between the ages of 10 and 14 years are also conclusively presumed to be incapable of committing any crime, except the crimes of murder and rape, in which case the presumption is rebuttable. The provisions of this section, however, do not prevent proceedings against and the disciplining of any person less than 18 years of age as a delinquent child.
E. Disabilities
Recommendations 61.18-19, 22, 52: People with disabilities
83. There are ongoing efforts in strengthening the national coordinating body and partnerships with the DPOs and organisations working with children with disabilities. There are increased efforts in the area of inclusive education with the Ministry of Education on the Special Education program. Limited resources, expertise and the absence of a national disability office hinder progress in this area.
Implement the Pacific Regional Strategy on Disability (Recommendation 62.21)
85. The Government of Palau fully supports the new framework and continues to work closely with the DPOs, special education program within the Ministry of Education and Palau Parents Empowered on the implementation of the new Pacific Regional Strategy on Disability.
Special education programs for boys and girls with disabilities (Recommendation 61.52), inclusive education at all levels of education for children with disabilities
87. Children with disabilities have the right to free appropriate public education as stipulated in the Individuals with Disabilities Education Act (IDEA) of 2004 and RPPL 3-9, August 1989.In the Ministry of Education, a special education program oversees the education of children and youth with disabilities ages 3-21 years in both public and private schools or programs.
88. In each school’s program there are different teams or committees that provide intervention and related services. Each school or program’s child study team, made up of the principal, the general education teachers and the parents of persons with disabilities, provide intervention or referral to special education. There are a total of 7 children with disabilities in the Head Start Program (3–5 year olds).
89. Children with special needs are defined as persons between the ages of 0 and 21 years of age who need special assistance in education and related services beyond those required by most other children due to long-term physical, developmental, behavioral or emotional conditions. This includes children with physical, mental, learning and emotional disabilities. There are approximately 300 such children currently on the registry in the Health Department, 189 of whom also receive special education services. Of the children served by special education, 15 are severely disabled, requiring either service in their home or in a specialized education facility.
90. Services for children with disabilities are coordinated by an Interagency Task Force headed by the Ministry of Health with membership from Special Education, Head Start, Behavioral Health, Vocational Rehabilitation, Physical Therapy, Out Patient Clinic and Palau Parents Empowered. The purpose of the Task Force is to provide seamless child center services extending from birth to childhood.
91. Under Article V of the Constitution, persons with disabilities are designated as a vulnerable group who are entitled to special consideration by the government. The Handicapped Children’s Act of 1989, 22 PNC § 4, requires the National Government to “provide education services to all children to enable them to live free and productive lives ... (and) to provide full education opportunities and necessary support services to each handicapped child in order that the child acquires the skills and knowledge necessary to lead a fulfilling and productive life as a citizen of the republic.”
92. This Act also designates mainstreaming for delivering services to the disabled, establishes the Interagency Task Force on Children with Special Needs and guarantees that, if Federal funds for Special Education services phase out, the Olbiil Era Kelulau (Palau National Congress) will appropriate replacement funds from local revenues.
F. Gender equality
Recommendations 61.19, 21, 23–35, 47–48; 62.33
94. The issue of violence against women has been highlighted in the recent Belau Family Health and Safety Study on the prevalence of violence against women and girls. Additionally, a Gender Mainstreaming Policy is currently being drafted and would essentially mainstream gender within the National and State government policies and programs.
Revise existing laws that are discriminatory towards women identified in the national report and Legal Measures to address violence Against Women, Implement policies to ensure the promotion of the rights of women and children, specifically combating domestic violence
95. Palau enacted the Family Protection Act (FPA), 21 PNC § 101 et. seq., which contains specific sections that create an obligation for reporting abuse, sexual abuse or neglect, creates immunity for mandatory reporting and imposes penalties for violations. There are procedures for testifying out of the presence of the defendant and maintaining the confidential identity of child victims and witnesses, as well as definitions that expand victims of abuse to include anyone who is a family or household member. There are also domestic abuse restraining orders and protective orders.
Recommendations 61.3-4: Criminalize rape within marriage and equal rights to inheritance and remove law that discriminate against a wife’s and female child’s right to inherit property
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.
100. In the FPA is the chapter on Adoption. A non-citizen adopted child is not afforded equal inheritance rights to land as a citizen adopted child, due to unique constitutional and statutory limitations on land ownership. Any change would require public debate and a constitutional amendment, as the current provision was previously subject to substantial discussion.
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.
Training mechanisms on VAW for police officers, lawyers and judges
104. The Bureau of Public Safety under the Ministry of Justice organizes the annual “White Ribbon” community campaign. The White Ribbon campaign is a global initiative launched in the region for the purpose of ending violence against women. It is the world’s largest movement of men and boys working to end violence against women and girls and to promote gender equity, healthy relationships and a new vision of masculinity. This has been a key component in transforming attitudes and sensitizing men and boys on this issue.
Raise public awareness on domestic violence
106. Current programs implemented by the government include the annual White Ribbon Campaign, production of Information Education Communication materials and media ads, and the provision of outreach programs in schools, parent-teacher meetings and a national women’s conference. These programs are carried out in partnership with the Ministry of Community and Cultural Affairs, Family Court, Ministry of Justice, Ministry of Health, Ministry of Education and Center for Women Empowerment Belau.
Ratify the protocol to Prevent, suppress and punish trafficking in persons especially women and children
111. Palau has yet to review, consult and ratify the protocol to prevent, suppress and punish trafficking in persons especially women and children.
Labor law providing more transparent regulations regarding treatment of foreign workers and establishes a minimum wage (Recommendation 61.54), Improve its enforcement of regulations to protect foreign workers and extend coverage of minimum wage regulations to include foreign workers (recommendation 61.56)
117. Labor regulations specify the age of employment as being 21 to 60, thus preventing foreign children from being subject to child labor.
Climate Change and Human Rights Recommendations 61.58, 59: Strengthen its technical cooperation with relevant agencies and stakeholders in order to prevent the adverse impact of climate change on its promotion and protection of human rights, continue its leading international efforts to tackle global warming including by reminding developed countries and other major emitting States of their obligation to help and protect human rights in Palau by reducing greenhouse gas emissions to safe levels
120. To address the effects of climate change in relation to Palau’s agriculture and fisheries the Government of Palau completed its national policy in August 2015, “Achieving Resilient Agriculture and Aquaculture” aimed at strengthening food security in Palau as a priority climate change adaptation measure. The policy recognises the specific risks and vulnerabilities faced by different groups and are responsive to the needs of persons with disabilities, migrants, women, men, children and elderly.
VII. Achievements and challenges Achievements
136. During the reporting period, some of the most significant changes for Palau have been the ratification of one of the core human rights treaties and the completion of its report. Human rights compliant laws were enacted to address domestic violence, sexual exploitation of women and children, the creation of the sex offender registry, trafficking, establishing a minimum wage, criminalizing rape within marriage and decriminalizing sex between consenting adults.
Compilation of UN Information
I. Background and framework
A. Scope of international obligations
1. International human rights treaties
6. UNHCR noted that States were responsible for conferring nationality and ensuring the right of every child to acquire a nationality, and that accession to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness would establish a framework to prevent and reduce statelessness, in order to avoid detrimental effects and ensure minimum standards of treatment for stateless persons, providing them with stability and security, and ensuring their basic rights and needs.
7. The United Nations Educational, Scientific and Cultural Organization (UNESCO) stated that Palau was not party to the Convention against Discrimination in Education or the Convention on Technical and Vocational Education. UNESCO also noted that Palau had not reported to it on the measures taken for the implementation of a number of conventions
regarding education. UNESCO recommended that Palau be strongly encouraged to ratify the Convention against Discrimination in Education and to submit reports for the periodic consultations under the UNESCO education-related standard-setting instruments.
8. UNESCO encouraged Palau to ratify the Convention on the Protection and Promotion of the Diversity of Cultural Expressions and, in doing so, facilitate the participation of communities, practitioners, cultural actors and non-governmental organizations from the civil society, as well as vulnerable groups such as minorities, indigenous peoples, migrants, refugees, young persons and peoples with disabilities, and to ensure that equal opportunities were given to women and girls to address gender disparities.
B. Constitutional and legislative framework
10. The country team indicated that CRC and CRPD had not been incorporated into the Palau National Code. Legislation to provide for the full protection of children had yet to be enacted in Palau. The country team encouraged the Government of Palau to incorporate the provisions of CRC into the domestic legal system.
C. Institutional and human rights infrastructure and policy measures
12. The country team stated that there was currently no overarching agency or institution that took a lead role in policy development and monitoring service to ensure the protection of children. It encouraged Palau to establish a national body to develop and coordinate services for addressing the rights of children and child protection issues.
III. Implementation of international human rights obligations, taking into account applicable international humanitarian law
17. The country team highlighted that Palau had taken steps to address domestic violence and child abuse in the country. In 2012, Palau had passed the Family Protection Act, which criminalized domestic violence, instituted a no-drop policy for domestic violence and stipulated that customary restitution for domestic violence cases did not do away with criminal charges for the acts of violence committed. The Family Protection Act provided for a broad definition of domestic violence, made protection orders accessible and highlighted the need for the establishment and coordination between services for survivors
19. The country team stated that, although protection measures were outlined in the Family Protection Act, there were no protection measures in place, specifically shelters and other services to support victims, especially women and children. It encouraged the Government to establish protection services for survivors of domestic violence and child abuse.
22. The country team stated that, in 2011, Palau had amended the National Code to include penalties for mandatory reporters failing to report incidences of child abuse.
23. UNESCO said that Palau had not adopted a programme to address violence in schools and that Palau could be encouraged to further address violence in the educational system, particularly by implementing programmes to prohibit and eliminate all forms of corporal punishment.
24. UNESCO stated that Palau had not adopted a programme to provide human rights education, particularly for the police officers, lawyers and judges.
F. Right to health
33. The country team stated that Palau had a comprehensive national policy, the Palau Public Health Strategic Plan 2008-2013, that provided sexual and reproductive health services at no or minimal financial cost. This Plan included universal access to quality reproductive health services for women and young people, including girls. The country team recommended that Palau allocate dedicated funds to procure some of the essential reproductive health commodities, and limit its dependency on outside sources, which could affect the health of Palau’s population, especially women and girls.
G. Right to education
37. UNESCO underscored that a number of recommendations regarding education and the protection of family, children, and persons with disabilities made during the first cycle of universal periodic review had enjoyed the support of Palau, which considered that they were already implemented or in the process of implementation. UNESCO stated that Palau had continued its efforts for implementing the right to education, and that it had adopted the new Palau Education Master Plan 2006-2016.55 UNESCO recommended that Palau be encouraged to further promote education for all, especially the education of persons with special needs.
38. UNESCO recommended that Palau be encouraged to further promote human rights education and training, especially on the rights of women, children and persons with special needs, including for the police forces and law enforcement staff.
H. Persons with disabilities
41 UNESCO stated that no specific additional measures had been taken to promote inclusive education for persons with disabilities.
Stakeholder Information
B. Implementation of international human rights obligations, taking into account applicable international humanitarian law
1. Equality and non-discrimination
6. PTT stated that more girls than boys were graduating from high school. With available scholarships and grants, many girls were pursuing their college education and women increasingly play leading roles in both the public and private sectors, including as elected officials. In the Judiciary system, there were more women judges then men.
14. KHRF also recommended that Palau ensure that proposed legislation punishing hate crimes on the basis of sexual orientation and gender identity were enacted as soon as possible. While this bill was going through the legislative process, broader measures were needed to prohibit discrimination against LGBTI persons in all areas of public life, including employment, provision of goods and services, education and health care. KHRF recommended that Palau implement a framework of legislative reform that actively prevented and prohibited discrimination of LGBTI persons in all facets of life and society, including but not limited to employment, the provision of goods and services, education and health care.
15. KHRF considered that the gender-specific reference to “husband and wife” on section 402 of Title 21 (Domestic Relations) of the Palau National Code (Code) represented a barrier against same-sex couples adopting children jointly. KHRF stated that this law was not in compliance with Palau's obligations under international law, including under the CRC (which Palau had ratified), as it distinguished a person's eligibility to adopt a child based on their sexual orientation or gender identity and a State Party could not discriminate against a child on the basis of their parent's or legal guardian's sexual orientation or gender identity.
2. Right to life, liberty and security of the person
17. GIEACPC reported that the issue of corporal punishment of children was raised in the compilation of UN information and in the summary of stakeholders’ information, and that the Government had accepted a number of recommendations to prohibit corporal punishment in the home and other settings, with reference to Recommendations 61.43, 61.44 and 61.45 made to Palau in its first UPR.
19. Regarding the situation at schools, GIEACPC reported that the Master Plan for Education (2000) aimed to discourage and prevent the use of corporal punishment at primary and secondary levels and that according to the 2014 UNICEF baseline research, all schools had child protection policies that included a ban on corporal punishment.
20. GIEACPC stated nevertheless that regarding the situation at home, schools, care settings, and penal institutions, it was particularly concerned about the inclusion in the new Penal Code of a provision specifically authorising the use of force in the “discipline” of children (Article 309), thus providing a legal basis for corporal punishment in the home, schools and other settings.
22. GIEACPC asserted there was no provision for judicial corporal punishment in criminal law. However, according to the baseline research published by UNICEF in 2014, in 7% of cases where children had committed a crime the response of police officers was to impose physical punishment.
23. GIEACPC expressed hope that the UPR Working Group would note with concern the legality of corporal punishment of children in Palau and that states would raise the issue during the review in 2016 and make a specific recommendation that Palau clearly prohibit all corporal punishment of children in all settings including the home, and explicitly repeal the provisions in the Penal Code authorising the use of force for purposes of “discipline”.
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: that labour trafficking included the acts of providing or obtaining labour or services through the use of force, extortion, fraud, deception, etc.; the inclusion of the offense of international non- payment of wages; the codification of the offence of people smuggling; and 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. (17 PNC §3906), including a separate offence for child trafficking (17 PNC §3907).
Accepted and Rejected Recommendations
The following recommendations enjoy the support of Palau:
104.29 Incorporate the provisions of the Convention on the Rights of the Child into the domestic legal system (Montenegro);
104.30 Incorporate the provisions of the Convention on the Rights on the Child in the national legal order (Panama);
104.31 Step up efforts to enact legislation to implement the Convention on the Rights of the Child (Philippines);
104.32 Swiftly adopt measures aimed at incorporating the provisions of the Convention on the Rights of the Child into the Palau National Code (Portugal);
104.33 Incorporate the provisions of the Convention on the Rights on the Child, which has been ratified by Palau, into its domestic legislation (Russian Federation);
104.34 Consider acceding to the three Optional Protocols to the Convention on the Rights of the Child (Uruguay);
104.35 Establish a national body to develop and coordinate services to address the rights of children and child protection issues and ensure full implementation of the Convention on the Rights of the Child (Canada);
104.36 Incorporate in the national legislation the provisions of the Convention on the Rights of the Child (Djibouti);
104.37 Take the necessary constitutional measures to bring the Convention on the Rights of the Child into force (Egypt);
104.38 Ratify the Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography (Germany);
104.56 Consider ratifying the United Nations Educational, Scientific and Cultural Organization Convention against Discrimination in Education (Ghana);
104.73 Enact national legislation to protect the rights of the child (Maldives);
104.75 Take active measures in order to ensure the protection of vulnerable groups in the society, such as children, women and the elderly, and to enact legislation on anti-discrimination (Namibia)
104.78 Eliminate all laws and practices that discriminate against women and promote equal treatment of girls and boys (Cyprus);
104.94 Carry out further awareness-raising campaigns to combat trafficking in persons, and include this issue in the school programmes, for a greater prevention of the phenomenon (Morocco);
104.95 Enact further measures in order to address violence in the educational system, particularly by implementing programmes to prohibit and eliminate all forms of corporal punishment (Slovenia);
104.98 Take all necessary measures to ensure the protection of the rights of the child (France);
104.100 Enforce the 2005 anti-trafficking law and ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (United States of America);
104.102 Strengthen the efforts to prevent and combat trafficking in human beings for sexual purposes, with particular attention to children (France);
104.117 Adopt specific measures to promote the development of inclusive education for persons with disabilities (Argentina);
104.120 Increase efforts to guarantee access to education for children with disabilities (Mexico);