📋 Tender Overview
Overview of the human rights and democracy situation: Basic human rights are generally respected in Palau, with regular democratic elections, combined with an independent judiciary and media, and no substantial reports of irregularities. There are, however, human rights’ concerns that still demand attention, such as addressing gender-based violence, corruption and tackling human trafficking, including due care of trafficked persons, migrants and asylum seekers.
Although Palauan society is matriarchal and matrilineal, women have continued to be under- represented at higher levels of public life and the civil service. Women have close to equal status in public and private sector employment, education as well as in public participation.
Sexual harassment and rape, including spousal rape, is illegal in Palau and punishable by fine, imprisonment or both. Domestic violence is a criminal offence, but there is still a level of reluctance for victims to involve law enforcement due to cultural and societal pressures. There are no laws addressing sexual orientation and gender identity. Same-sex sexual activity was decriminalised in 2014.
Palau’s Penal Code includes trafficking offences as well as child exploitation offences. The Ministry of Justice’s Anti-Human Trafficking Office is active in investigating human trafficking offences, but both investigations and convictions have stagnated in recent years, although in 2022 the Courts made their first human trafficking conviction since 2018.
High-level corruption continues to be an issue in Palau, with a number of high-profile convictions made in 2022, including former state Governors and staffers.
Palau's national legislation does not provide for the granting of asylum or refugee status and there is no formally established system for providing protection to refugees in Palau. Climate change continues to stand as a major human rights issue in Palau. While the Office of the Ombudsman reviews complaints and reports to the Parliament, and a Reporting Committee on UN Conventions on Human Rights was set up, the establishment of a National Human Rights Institution in line with the Paris Principles, as recommended during Palau’s previous UPR cycles, is still in progress.
2. EU action - key focus areas: Persisting human rights and democracy concerns in Palau include gender inequality and gender-based violence. EU actions focus inter alia on supporting the ratification of or accession to the remaining core human rights instruments, promoting gender equality and women’s rights, and supporting Civil Society Organisations’ (CSOs) engagement with the Government of Palau on policy dialogue and governance.
3. EU bilateral political engagement: Human rights were discussed on the side-lines of the Pacific Islands Forum in July 2022. Through this dialogues and through a number of financial instruments, the EU continues to promote human rights, gender equality and the increased participation of women in decision making.
During 2022, the EU Delegation for the Pacific carried out a number of démarches and outreach activities inviting Palau to support EU human rights initiatives and priorities at the UN level. Gender equality and human rights are shared values and common challenges between the EU and Palau in the framework of the Sustainable Development Goals dialogue. The EU Delegation for the Pacific will continue to actively promote climate change awareness and environmental protection, for which Palau is a vocal advocate.
4. EU financial engagement: The EU remains committed to supporting and raising awareness of civil society and non-state actors in Palau as a key component in implementing of the regional roadmap for CSOs in the Pacific. The EU works closely with government and civil society actors, as well as other regional organisations and donor partners in Palau to this end. In the National Indicative Programme for Palau designed under the 11th European
Development Fund a EUR 0.2 million financial allocation was set aside to support civil society organisations in Palau.
Palau benefits from the EU-funded Spotlight Initiative promoting gender equality and the fight against gender-based violence. Through this project, the Pacific Sexual and Gender Diversity Network formed a consortium with Living All Inclusive in Belau, Palau's first LGBTI advocacy organisation and resource to promote equality and develop partnerships within the private and public sectors.
5. Multilateral context: Palau underwent its third Universal Periodic Review in May 2021. Palau received 142 recommendations, of which it supported 67 and noted 75. Recommendations pointed to challenges such as participation in international human rightstreaties, human trafficking, addressing gender discrimination, gender-based violence and women’s rights, establishing a National Human Rights Institution, the human rights implications of climate change as well as the rights of children, including their access to health and education.
Palau has been a strong and consistent voice in condemning Russia’s war in Ukraine at international fora. Palau is not a party to the Rome Statute of the International Criminal Court.
