| For a summary of Palau’s review at the second cycle please click here. |
11th UPR session
Date of review: 3 May 2011
Date of report adoption: 21 September 2011
Working Group report: A/HRC/18/5
| Summary
Recommendations made: Repeal all provisions in domestic legislation criminalizing consensual sexual activity between same sex adults and combat discrimination against LGBT through political, legislative and administrative measures. Status of recommendations: Accepted |
I. Key issues/recommendations identified by NGOs
- Recommend that Palau bring its national legislation in conformity with its commitment to equality and non-discrimination, as well as it’s obligations under international law, by repealing all provisions that criminalise sexual relations between consenting adults of the same sex.
II. Excerpts from input reports
Compilation of Stakeholder Information
II. Promotion and protection of human rights on the ground
Implementation of international human rights obligations
2. Right to privacy
12. Joint Submission 2 (JS2) recommended that the Human Rights Council, in its upcoming UPR review, urged Palau to bring its legislation into conformity with its commitment to equality and non-discrimination, and its international human rights obligations, by repealing all provisions which may be applied to criminalize sexual activity between consenting adults.
III. References to SOGI during the Working Group review
Interactive dialogue and responses by the State under review
28. France […] welcomed Palau’s support of the declaration made in the Human Rights Council for putting an end to violence and human rights violations based on sexual orientation and gender identity. However, it noted that article 2803 of the Criminal Code continued to criminalise sexual relations between consenting adults of the same sex and provided for sentences of up to ten years in prison. France made recommendations.
37. Norway […] commended Palau for its support of the recent joint statement delivered in the Human Rights Council on ending acts of violence, criminal sanctions and related human rights violations based on sexual orientation and gender identity. However, it noted that Palau’s Penal Code continued to criminalize sexual relations between consenting adults of the same sex and that Palau’s legislation discriminated against women in the field of inheritance and did not criminalize rape within marriage Norway made recommendations.
57. Palau clarified that sex between consenting same-sex adults is not criminalized in its domestic laws.
IV. Conclusions and/or recommendations
Criminalization of Sexual Relations of Consenting Adults of the Same Sex – Palau’s Position: It is the position of Palau to accept these recommendations. Palau will take appropriate measures to modify or amend current legislation in line with international standard.
62.38. Confirm its commitments to non-discrimination by de-criminalizing sexual relations between consenting adults of the same sex and by repealing the discriminatory provisions against LGBT persons (France);
62.39. Bring its national legislation into conformity with its commitment to equality and non-discrimination, by repealing the provision of Palau’s Penal Code which continues to criminalize sexual relations between consenting adults of the same sex (Norway);
62.40. Repeal all provisions in domestic legislation criminalizing consensual sexual activity between same sex adults and combat discrimination against LGBT through political, legislative and administrative measures (Spain).
V. Adoption of the Report
Comments by States and other stakeholders
Canadian HIV/AIDS Legal Network
Mr. President,
We commend for its commitment to equality and non-discrimination. We are particularly pleased to see Palau accept recommendations to decriminalize sexual relations between consenting adults of the same sex. This commitment is consistent with Palau’s support for the joint statement on ending acts of violence, criminal sanctions and related human rights violations based on sexual orientation and gender identity, delivered last March to the Human Rights Council on behalf of 85 States.
As the UN Human Rights Committee has confirmed, laws criminalising same-sex relations are inconsistent with rights to privacy and non-discrimination, and inhibit measures to address HIV and AIDS by driving marginalised communities underground.
We therefore welcome Palau’s commitment to amend current legislation and bring it into line with international standards. This development will send a strong message of encouragement to lesbian, gay, bisexual and transgender citizens of Palau, who will be able to participate more equally in society. We would be interested to know the timetable proposed for this reform
We also welcome Palau’s acceptance of a recommendation to combat discrimination against lesbian, gay, bisexual and transgender people through political, legislative and administrative measures. In order to develop these measures, we strongly encourage Palau to work together with civil society. We also call on Palau to provide sensitivity training to police, judicial and other authorities, as to promote the respect for all persons, including on the grounds of sexual orientation and gender identity and to ensure that lesbian, gay, bisexual and transgender citizens are treated equally to all other citizens by state authorities.
Finally, we urge Palau to consider applying the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity as a guide to assist in policy development.
Thank you Mr President.
VI. Further information
UPR Documentation
National report 1 : A | C | E | F | R | S
Compilation of UN information 2 : A | C | E | F | R | S
Summary of stakeholders’ information 3 : A | C | E | F | R | S
Questions submitted in advance : E only
Addendum 1 : E only
Addendum 2 : E only
Outcome of the review
Report of the Working group : A | C | E | F | R | S
Addendum 1 : A | C | E | F | R | S
Decision of the outcome : A | C | E | F | R | S
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