Recognition of same-sex unions in Palau

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Part of the LGBT rights series
Marriage

Recognized

Civil unions and
registered partnerships
Minimal recognition
Unclear legal status
See also
Notes
  1. GR: Neither performed nor recognized in the Monastic community of Mount Athos.
  2. KoN: Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  3. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  4. UK: Neither performed nor recognized in six British Overseas Territories.
  5. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  6. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  7. EU: The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. All EU member states except Romania follow the ruling.
  8. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding.
  9. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  10. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  11. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  12. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding.
  13. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  14. Romania: Hospital visitation rights through a "legal representative" status.
* Not yet in effect
LGBT portal

Palau does not recognise same-sex marriage, civil unions or any other form of recognition for same-sex couples.

Legal history

Background

Homosexuality in Palau has historically been taboo, and society generally does not accept same-sex relationships. Same-sex sexual relations were prohibited in Palau until a new penal code was enacted in 2014.[1] Christianity, introduced to Palau in the 19th century, has also shaped societal perception, leading LGBT people to experience social marginalisation and discrimination today.[2]

Constitutional ban

The Constitution of Palau has defined marriage as between "a man and a woman" since 2008. The constitutional ban was among the 22 amendments passed during the November 4, 2008 referendum. Previously, the Constitution did not address same-sex marriage or marriage explicitly.[3][4][5] Article IV, Section 13 of the Constitution was amended to read:[6]

The government shall provide for marital and related parental rights, privileges and responsibilities on the basis of equality between men and women, mutual consent and cooperation. All marriages contracted within the Republic of Palau shall be between a man and a woman. Parents or individuals acting in the capacity of parents shall be legally responsible for the support and for the unlawful conduct of their minor children as prescribed by law.[a]

In July 2019, in response to a question at a weekly press conference, President Tommy Remengesau Jr. said he supported striking down the ban, saying he believes in "full equality" and branding it discriminatory. "Those who are different doesn't mean that they should be outcast, second class citizens, or that they can't contribute to the community. So I want to make it clear that I don't believe in the constitutional amendment that promote[s] discrimination. I want it to be on record that I support the rights of each individual, any Palauan, to be treated equally... Let us treat each other with respect and dignity. This won't be positive for us at the UN level as the trend worldwide is opening up to these individual rights, but we are taking a step backward.", he said. He finished his statements with "as long as they believe in God like everyone else, we can treat each other with respect and dignity". Local activists applauded his comments, calling it a "very surprising and progressive act".[8][9][10][11]

Statutory laws

  Marriage
  Recognition of marriages performed elsewhere in the country (American Samoa)
  No recognition of same-sex couples
  Constitution limits marriage to opposite-sex couples (Palau, Tuvalu)
  Same-sex sexual activity illegal
  Same-sex sexual activity illegal, but ban not enforced
(Country names will appear with mouse-overs when map is viewed at full size. Encircling lines are the exclusive economic zones of each state.)

In February 2014, a bill was introduced to the Senate of Palau to define marriage in the National Code as being between "a man and a woman" in order to give statutory effect to the new constitutional definition of marriage. The bill passed its first reading in May 2014, but eventually did not pass the National Congress. The Kaleidoscope Australia Human Rights Foundation (KHRF) considered that if enacted, the bill would have "further entrench[ed] discrimination against same-sex couples in Palauan law". Palau also does not recognize civil unions, which would provide same-sex couples a subset of the rights and benefits of marriage. The KHRF reported in 2016 that the constitutional definition of marriage "[does] not hinder the ability of the National Congress to legislate for other forms of relationship recognition".[12] At Palau's second Universal Periodic Review on 21 January 2016, Spain recommended the government to legalize same-sex marriage. The government "noted" (rejected) these recommendations.[12]

The National Code does not expressly forbid same-sex marriages, but its provisions on marriages between two non-citizens or between a citizen and a non-citizen state that the "the male" must be at least 18 years of age and "the female" at least 16 years of age.[13]

Palau law does not expressly ban the recognition of same-sex marriages validly performed abroad, but an attempt to register an overseas same-sex marriage was denied in 2014.[14] This refusal was not pursued in court. A 2023 government report recommended allowing same-sex couples married abroad to be recognized and allow surviving spouses to access insurance social security benefits. The report, which according to Vice President Uduch Sengebau Senior can serve as "valuable resource for informed-decision making and policy formulation", also noted that the "LGBT community in Palau supports the removal of the constitutional provision against same-sex marriage".[14][15]

See also

Notes

  1. ^ The previous text did not contain the sentence on marriage: "The government shall provide for marital and related parental rights, privileges and responsibilities on the basis of equality between men and women, mutual consent and cooperation. Parents or individuals acting in the capacity of parents shall be legally responsible for the support and for the unlawful conduct of their minor children as prescribed by law. (Palauan: A Amt a mo kudmokl a kerebil a llemalt el kirel a chebechiil ma klengelakel ma rolel a klungiaol ma ngerachel el oltirakl er a osisiu el deruchall er a sechal ma redil, ma klaingeseu ma kengei er a delongelir. A rechedam ma rechedil, ma rumtechei er tir er a deruchellir, a mo oungerachel a okedmeklir ma ikel mekngit er a llach el omerellir a rengesonges a rekrir el ngelekir el oltirakl a kldmokl er a llach.)[7]

References

  1. ^ "Two tiny nations drop anti-gay laws: Palau and Sao Tome". Erasing 76 Crimes. 16 October 2014.
  2. ^ "LGBTQ person objected to at IWD". Island Times. 10 March 2023.
  3. ^ "Palau's Constitution of 1981 with Amendments through 1992" (PDF). constituteproject.org. Retrieved 30 March 2024.
  4. ^ "C2D - Centre for research on direct democracy". Archived from the original on 15 April 2015. Retrieved 27 July 2015.
  5. ^ "Asian-Pacific Law & Policy Journal » Blog Archive » The Rights and Liberties of the Palau Constitution by Kevin Bennardo". Archived from the original on 17 April 2015. Retrieved 27 July 2015.
  6. ^ "Constitution of Palau" (PDF). Palau Legal. Retrieved 30 March 2024.
  7. ^ "Uchetemel a llach er a Beluu er a Belau, IV. Bliongel, 13 Bades". Pacific Digital Library (in Palauan). Retrieved 30 March 2024.
  8. ^ Kambes Kesolei, Ongerung (24 July 2019). "Palau's leader backs same-sex marriage". Pacific Note.
  9. ^ Power, Shannon (25 July 2019). "Palau president supports same-sex marriage, but there's a catch". Gay Star News. Archived from the original on 20 July 2021. Retrieved 29 July 2019.
  10. ^ Srinivasan, Prianka (29 July 2019). "Palau President's comments on same-sex marriage welcomned, says LGBTQ advocate". Pacific Beat.
  11. ^ Potts, Andrew (26 July 2019). "Palau's President Wants To End Constitutional Ban On Same-Sex Marriage". Star Observer.
  12. ^ a b "Palau (Cycle 2)". ARC International. 13 April 2016.
  13. ^ "National Code of Palau, Domestic Relations - Title 21". paclii.org. Retrieved 31 March 2024.
  14. ^ a b Mahy, Petra; Ngirmang, Elilai (September 2023). "Legal Gap Analysis of Gender Equality in the Republic of Palau" (PDF). Office of the Vice President/Ministry of Justice of the Republic of Palau.
  15. ^ "Laws protecting LGBTQ in Palau missing – report says". Island Times. 30 January 2024.
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