Human rights in Palau

Last updated

The Republic of Palau has had a turbulent history over the last 450 years, with many states claiming ownership over them. Since World War II, the Islands came under United Nations' trusteeship and were administered by the United States. After becoming a sovereign state in 1994, Palau joined the UN and ratified the Convention on the Rights of the Child in 1995, the Convention on the Rights of Persons with Disabilities and the optional protocol to the latter in 2013. In 2011, the International Covenant on Civil and Political Rights in 2011 [1] and other core human rights treaties were signed. These treaties are yet to be ratified. [2]

Contents

Palau's constitution and laws confer most human rights to its citizens, and with the UN and the United States continuing to have a strong influence over the island nation, Palau is continuing to work towards complying with human rights standards expounded by the UN.

International treaties

In September 2011, Palau signed seven core human rights treaties. The Pacific Office of the United Nations High Commissioner for Human Rights congratulated Palau on these signatures, noting that “the commitment shown by these signatures is remarkable and gives a clear message that Palau has now started a journey to provide people in the country with a stronger foundation to enjoy human rights and fundamental freedoms.” [3]

Convention on the Rights of the Child

Traditional Palauan culture and current constitutional protection afford a high degree of care to Palauan children. It is noted that the situation for children is generally good and that in some instances there is a higher degree of protection than is mandated for in the Convention on the Rights of the Child. [4] There is a strong family dynamic, which includes extended family all taking part in “the child’s evolving capacity” and “best interests”. [5] However, Palau is experiencing extreme change to their economic, cultural and societal nature, due globalization and climate change. [6]

Child abuse

Along with strong care of the child, most adults in Palau are comfortable with physical discipline, this is because in both civil society and law, discipline and control of children are seen as a right and responsibility of the parents. [7] In 2001, seven years after the signing of the CRC, the United Nations Committee on the Rights of the Child were concerned about the increasing trend of abuse, including sexual, domestic violence, ill-treatment and neglect to the children of Palau. There was also concern about the lack of legal provisions that enabled the Government to step in and remove a child from the situation. [8]

It was argued that this increase in abuse was due to changing family structure and increasing alcohol and drug intake. Victims of Crime Assistance (VOCA), which handles abuse cases, have found that 80% of the cases are associated with alcohol abuse. In 2009 according to RefWorld, there were 25 reported cases of child abuse. These varied between physical abuse (Eight), neglect (Six) but the most serious was that of sexual abuse (Eleven). [9] Seven of these cases arrived at court and only three resulted in convictions.

Education has been a main proponent of decreasing physical abuse along with stronger laws, which both seem to have had an impact. It was found by RefWorld in 2013 [10] that although there are still some isolated reports of child neglect, law enforcement officers are treating the issue more seriously and any complaints made are aggressively investigated and prosecuted. Also the Office of Victims of Crimes, work with children who have suffered abuse and the families involved. It appears that Children’s rights are generally respected in this regard traditionally and that the State is working on educating parents on the dangers of physical and emotional abuse and that if there are problems of abuse, that the child is properly cared for.

Education and Health

Education in Palau has always been considered to be incredibly important. In the 1920s almost 90% [11] of Palaunan children were enrolled at school. Education is free and universal provided by the Government of Palau. In 2007 around 11% of GDP was allocated in expenditure to the education sector. [12] Legislation mandates school attendance from the age of 6 until 17 years of age, which contributes to high literacy rates. [13] There have been concerns that the curriculum is out of date. The Government has responded to criticisms and prepared a series of 10 year master plans that work toward increasing the quality of education. The most recent plan spanning from 2006 to 2016. [14]

The plans focus on student achievement and quality of instruction by improving teacher training and certification, upgrading school facilities, improving school governance, strengthening student support services, and making the curriculum more relevant. [15] In addition to this, children have a wide range of opportunities offered to them outside of a formal education, which include cultural expression and recreational activities.

Generally the children are quite healthy. The Palauan children have a low prevalence of malnourishment and there is no evidence to suggest that there is any food poverty. [16] However, the diet of the Palauan people is poor and contributes to malnutrition and a high incidence of children being overweight. [17] Despite this there is a well-funded system of medical care for children, with no discrimination based on gender. There is discrimination when it comes to children who are not born in Palau. Admittedly there is only a small number of these children but they are not eligible for Palauan citizenship, which can cause problems as under law only those of Palauan’ descent are entitled to free education and health. The Committee of the Rights of the Child and the United States has noted this as a concern, as this type of discrimination is aimed at young vulnerable children. [18]

Convention on the Rights of Persons with Disabilities

Palau was the sixth Pacific Islands Forum nation to sign the Convention on the Rights of Persons with Disabilities. [19] The rights of the disabled are applicable to all disabled, young or elderly [20] and are generally respected, with the Government enforcing these rights through legal means. Art. 4.5 of the Constitution [21] designate the disabled to be a vulnerable group entitled to special consideration by the government and acts include Disabled Persons Anti-discrimination Act and a Handicapped Children Act. [22]

These laws require access to government buildings, which is usually enforced and public schools have established special programs in order to cater to the needs of disabled children. The Government also provides those with disabilities a monthly amount of $50, [23] along with all measures designed to assist them so that they can be as self-reliant as possible. Disabled are also treated as close as possible as to those who are the same age, therefore they are entitled to the same living conditions, protected from exploitation and abuse and they have organizations that liaise with the Government and look after the rights of the disabled [24]

Palau is continuing to work towards strengthening the rights of the disabled. In October 2013, [25] Palau held a three-day workshop to discuss ways to “strengthen support and ensure a better quality of life for person’s living under disabilities”. [26] Together with Omekesang Disabled Persons Organization, The Pacific Islands Forum Secretariat (PIFS) and the Pacific Disability Forum (PDF), discussion centered around the continued effective implementation of the Convention on the Rights of Persons with Disabilities, where the Minister of Health Gregorio Ngirmang promised that “The Ministry of Health will continue to provide full support to activities related to persons with disabilities; in particular, providing better health related services”. [27] The point was made that it was not just a matter of advocating and promoting rights but also working towards more support so that the aims of the convention can be fully realized.

International Covenant on Civil and Political Rights

Religious Freedom

In 2011, one of the treaties signed was the International Covenant on Civil and Political Rights. [28] Part II, Art II provided that “Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognised in the present Covenant, without distinction of any kind, such as…… religion…..birth or other status”. [29] This can be found in accordance with Art. 18 of the Universal Declaration of Human Rights, everyone has the right to freedom of thought, conscience and religion... and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. [30]

In accordance with this human right the Constitution of Palau states that in respect of religious freedom; “The Govt shall take no action to deny or impair the freedom of conscience or of philosophical or religious belief of any person nor take any action to compel, prohibit or hinder the exercise of religion. The Government shall not recognized or establish a national religion, but may provide assistance to private or parochial schools on a fair and equitable basis for non-religious purposes” (Article IV, Section I of the Constitution). [31]

It further states that; “The Government shall take no action to discriminate against any person on the basis of sex, race, place of origin, language, religion or belief, social status or clan affiliation except for the preferential treatment of citizens, for protection of minors, elderly, indigent, physically or mentally handicapped, and other similar groups, and in matters concerning intr[a]state succession and domestic relations” (Art IV). [32] Palau generally respects a person’s religious freedom with not only the Constitution in place to protect individual’s rights, but other laws and policies. [33]

While religious organizations have to apply to register with the Government, they are never denied [34] Further there are no reports of Religious discrimination based on belief or practice from any individual from the state and as mentioned above, while the government does not sponsor nor promote religious groups and activities (including public schools), representatives of any religious group may request financial support for religious schools. The Government also observes Christmas as a national holiday, due to the vast majority of the population being Christian.

It is estimated that the population of Palau is around 21,000 with the largest domination being Roman Catholic making up 65% of the population. Other religions include Evangelical Church with around 2000 followers, Seventh-day Adventists around 1000, Modekengei (unique to the country) 1800, Latter Day Saints are around 300, and the smallest group is Jehovah’s Witnesses who are around 90. [35]

The Government continues to ban work permits for citizens of Bangladesh, India and Sri Lanka. The Bangladesh ban was imposed in 1998 while the India and Sri Lanka ban occurred in 2001. [36] These bans were largely motivated due to employers complaints that non-Christian religious practices were interfering in living arrangements of employee families and activities in the work place. Workers from these countries who were already in Palau were not deported and the small Islamic Community of 400 from Bangladesh continues to be allowed to conduct prayers at work during the day and in their own homes. [37] There does not seem to be impediments to their practice of religion or to their continued employment.

See also

Related Research Articles

<span class="mw-page-title-main">Human rights in Japan</span> Overview of the observance of human rights in Japan

Japan is a constitutional monarchy. The Human Rights Scores Dataverse ranked Japan somewhere in the middle among G7 countries on its human rights performance, below Germany and Canada and above the United Kingdom, France, Italy, and the United States. The Fragile States Index ranked Japan second last in the G7 after the United States on its "Human Rights and Rule of Law" sub-indicator.

<span class="mw-page-title-main">Human rights in Kenya</span>

Human rights in Kenya internationally maintain a variety of mixed opinions; specifically, political freedoms are highlighted as being poor and homosexuality remains a crime. In the Freedom in the World index for 2017, Kenya held a rating of '4' for civil liberties and political freedoms, in which a scale of "1" to "7" is practised.

<span class="mw-page-title-main">Human rights in Mali</span>

According to the U.S. Department of State's annual report on human rights in Mali for 2003, Mali's government generally respects the human rights of its citizens and observes relevant constitutional provisions and prohibitions.

<span class="mw-page-title-main">Human rights in Switzerland</span> Overview of the observance of human rights in Switzerland

Human rights are largely respected in Switzerland, one of Europe's oldest democracies. Switzerland is often at or near the top in international rankings of civil liberties and political rights observance. Switzerland places human rights at the core of the nation's value system, as represented in its Federal Constitution. As described in its FDFA's Foreign Policy Strategy 2016-2019, the promotion of peace, mutual respect, equality and non-discrimination are central to the country's foreign relations.

Nauru is a small island country in the South Pacific. With a population of 13,649 it is the world's least populous independent republic. Nauru's government operates under its constitution, part two of which contains 'protection of fundamental rights and freedoms.' The Human Rights Council (UNHRC) carried out Nauru's Universal Periodic Review (UPR) in January 2011. The review was generally favourable with only a few areas of concern.

<span class="mw-page-title-main">Human rights in Niger</span>

According to the Republic of Niger's Constitution of 1999, most human rights, as defined by the Universal Declaration of Human Rights, are upheld and protected. Despite these protections, concerns of both domestic and international human rights organizations have been raised over the behavior of the government, military, police forces, and over the continuation of traditional practices which contravene the 1999 constitution. Under French colonial rule (1900–1960) and from independence until 1992, citizens of Niger had few political rights, and lived under arbitrary government power. Although the situation has improved since the return to civilian rule, criticisms remain over the state of human rights in the country.

<span class="mw-page-title-main">Human rights in Canada</span>

Human rights in Canada have come under increasing public attention and legal protection since World War II. Prior to that time, there were few legal protections for human rights. The protections which did exist focused on specific issues, rather than taking a general approach to human rights.

<span class="mw-page-title-main">Human rights in the Central African Republic</span>

The Central African Republic, which the United Nations High Commissioner has described as undergoing "the most neglected crisis in the world", has an extremely poor human rights record. It has been designated 'Not Free' by Freedom House from 1972 to 1990, in 2002 and 2003, and from 2014 to the present day. It was rated 'Partly Free' from 1991 to 2001 and from 2004 to 2013. On the United Nations Human Development Index, it ranks 179 out of 187 countries. Between 1988 and 2008, life expectancy decreased from 49 years to 47.7 years.

<span class="mw-page-title-main">Human rights in Eswatini</span>

Eswatini, Africa's last remaining absolute monarchy, was rated by Freedom House from 1972 to 1992 as "Partly Free"; since 1993, it has been considered "Not Free". During these years the country's Freedom House rating for "Political Rights" has slipped from 4 to 7, and "Civil Liberties" from 2 to 5. Political parties have been banned in Eswatini since 1973. A 2011 Human Rights Watch report described the country as being "in the midst of a serious crisis of governance", noting that "[y]ears of extravagant expenditure by the royal family, fiscal indiscipline, and government corruption have left the country on the brink of economic disaster". In 2012, the African Commission on Human and Peoples' Rights (ACHPR) issued a sharp criticism of Eswatini's human-rights record, calling on the Swazi government to honor its commitments under international law in regards to freedom of expression, association, and assembly. HRW notes that owing to a 40% unemployment rate and low wages that oblige 80% of Swazis to live on less than US$2 a day, the government has been under "increasing pressure from civil society activists and trade unionists to implement economic reforms and open up the space for civil and political activism" and that dozens of arrests have taken place "during protests against the government's poor governance and human rights record".

<span class="mw-page-title-main">Human rights in Liberia</span>

Human rights in Liberia became a focus of international attention when the country's president, Ellen Johnson Sirleaf, was named one of the three female co-winners of the 2011 Nobel Peace Prize, all of whom were cited "for their non-violent struggle for the safety of women and for women's rights to full participation in peace-building work".

<span class="mw-page-title-main">Human rights in Ghana</span>

Human rights are "rights and freedoms to which all humans are entitled". Proponents of the concept usually assert that everyone is endowed with certain entitlements merely by reason of being human.

<span class="mw-page-title-main">Human rights in South Sudan</span> Overview of human rights in South Sudan

Human rights in South Sudan are a contentious issue, owing at least in part to the country's violent history.

Solomon Islands is a sovereign country in Melanesia consisting of many islands with a population of 561,231 (2013). It became self-governing from the United Kingdom in 1976 after three previous attempts at forming a Constitution. The Constitution of Solomon Islands was enacted in 1978. This however led to conflicts between cultures and armed conflict in the late 1990s forced a review of the 1978 Constitution. This review resulted in the Federal Constitution of the Solomon Islands Bill 2004 (SI) and various other amendments. The Human Rights Chapter, however, remained unchanged.

Samoa, officially the Independent State of Samoa, has a population of approximately 188,000 people. Samoa gained independence from New Zealand in 1962 and has a Westminster model of Parliamentary democracy which incorporates aspects of traditional practices. In 2016, Samoa ratified the Convention on the Rights of Persons with Disabilities CRPD and the three optional protocols to the CRC

The Cook Islands are 15 small islands scattered over 2 million km squared of the South Pacific. According to the latest census, the nation has a total population of approximately 18,000 people. Spread in population between the mainland capital, Rarotonga, and the Outer Islands mean inequality in terms of delivery of public services. Internal migration between Rarotonga and the Outer Islands is relatively high due to lack of schooling and employment opportunities, and increased living standards and availability of medical and educational services in Rarotonga.

Tuvalu is a small island nation in the South Pacific, located North of Fiji and North West of Samoa. The population at the 2012 census was 10,837. Tuvalu has a written constitution which includes a statement of rights influenced by the United Nations Universal Declaration of Human Rights and the European Convention on Human Rights. While most human rights in Tuvalu are respected, areas of concern include women’s rights and freedom of belief, as well as diminishing access to human rights in the face of global warming. The latter has played a major role in the implementation of human rights actions in Tuvalu given its geographical vulnerability and scarce resources.

<span class="mw-page-title-main">Human rights in Fiji</span>

Fiji is an island nation in Melanesia in the South Pacific Ocean with a population of approximately 849,000. It is made up of Fijians, Indo-Fijians, Europeans, Chinese, other Pacific islanders, and people of mixed racial descent. Fiji has been in a state of political unrest since their independence from Britain in 1970.

<span class="mw-page-title-main">Human rights in Niue</span>

Niue is a country in the South Pacific Ocean with an estimated population of 1,190. Since 1974, it has been self-governing in free association with New Zealand. Niue controls its own internal affairs, while New Zealand retains responsibility for its defence and external relations and is required to provide necessary economic and administrative assistance.

<span class="mw-page-title-main">Human rights in the Marshall Islands</span>

The Marshall Islands is a country in the Pacific spread over 29 coral atolls, with 1,156 islands and islets. It has an estimated population of 68,480 and is one of the sixteen member states of the Pacific Islands Forum. Since 1979, the Marshall Islands has been self-governing.

Human rights in Norway protect the fundamental rights of all persons within the Kingdom of Norway. These rights are safeguarded by Chapter E of the Constitution of Norway or Kongeriket Norges Grunnlov, as well as the ratification of various international treaties facilitated by the United Nations. The country maintains a dedicated commitment to human rights and was the second country to ratify the European Convention on Human Rights.

References

  1. ↑ "Ratification History" (PDF). Retrieved 2022-03-23.
  2. ↑ Human Right's Library
  3. ↑ "UN Human Rights Pacific Office congratulates Palau". www.scoop.co.nz. September 23, 2011. Retrieved 2022-03-23.
  4. ↑ Nation’s Rights of the Child
  5. ↑ Pacific Regional MDG’s Tracking Report
  6. ↑ Climate Change in the Pacific
  7. ↑ Nation’s Rights of the Child
  8. ↑ RefWorld 2009
  9. ↑ RefWorld 2009
  10. ↑ RefWorld 2013
  11. ↑ Pacific Regional MDG’s Tracking Report
  12. ↑ Pacific Regional MDG’s Tracking Report
  13. ↑ Pacific Regional MDG’s Tracking Report
  14. ↑ Pacific Regional MDG’s Tracking Report
  15. ↑ "Treaty bodies Download". tbinternet.ohchr.org. Retrieved 2022-03-23.
  16. ↑ Pacific Regional MDG’s Tracking Report
  17. ↑ Pacific Regional MDG’s Tracking Report
  18. ↑ "Treaty bodies Download". tbinternet.ohchr.org. Retrieved 2022-03-23.
  19. ↑ Pacific Islands Forum Secretariat
  20. ↑ Rights Education Associates
  21. ↑ Palau Constitution Archived 2012-11-07 at the Wayback Machine
  22. ↑ United States Report
  23. ↑ United States Report
  24. ↑ Rights Education Associates
  25. ↑ Pacific Islands Forum Secretariat
  26. ↑ Pacific Islands Forum Secretariat
  27. ↑ Pacific Islands Forum Secretariat
  28. ↑ Islands Forum Secretariat
  29. ↑ "International Covenant on Civil and Political Rights" . Retrieved 2022-03-23.
  30. ↑ United Nations
  31. ↑ Palau Constitution Archived 2012-11-07 at the Wayback Machine
  32. ↑ Palau Constitution Archived 2012-11-07 at the Wayback Machine
  33. ↑ States Report
  34. ↑ Freedom House
  35. ↑ States Report
  36. ↑ States Report
  37. ↑ States Report
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.