| PALAU Republic of Palau Beluu er a Belau Joined United Nations: 15 December 1994 Human Rights as assured by their constitution Updated 17 January 2013 |
THE CONSTITUTION OF THE REPUBLIC OF PALAU
PALAU CONSTITUTIONAL CONVENTION
January 28 – April 2, 1979
Koror, Palau
ARTICLE III
CITIZENSHIP
Section 1. A person who is a citizen of the Trust Territory of the Pacific Islands immediately prior to the effective date of this
Constitution and who has at least one parent of recognized Palauan ancestry is a citizen of Palau.
Section 2. A person born of parents, one or both of whom are citizens of Palau is a citizen of Palau by birth, and shall remain a citizen
of Palau so long as the person is not or does not become a citizen of any other nation.
Section 3. A citizen of Palau who is a citizen of another nation shall, within three (3) years after his eighteenth (18) birthday, or within
three (3) years after the effective date of this Constitution, whichever is later, renounce his citizenship of the other nation and register
his intent to remain a citizen of Palau. If he fails to comply with this requirement, he shall be deprived of Palauan citizenship.
Section 4. A person born of parents, one or both of whom are of recognized Palauan ancestry, shall have the right to enter and reside
in Palau and to enjoy other rights and privileges as provided by law, which shall include the right to petition to become a naturalized
citizen of Palau; provided, that prior to, becoming a naturalized citizen, a person must renounce his citizenship of another nation. There
shall be no citizenship by naturalization except pursuant to this section.
Section 5. The Olbiil Era Kelulau shall adopt uniform laws for admission and exclusion of non-citizens of Palau.
ARTICLE IV
FUNDAMENTAL RIGHTS
Section 1. The government 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 recognize or establish a
national religion, but may provide assistance to private or parochial schools on a fair and equitable basis for nonreligious purposes.
Section 2. The government shall take no action to deny or impair the freedom of expression or press. No bona fide reporter may be
required by the government to divulge or be jailed for refusal to divulge information obtained in the course of a professional
investigation.
Section 3. The government shall take no action to deny or impair the right of any person to peacefully assemble and petition the
government for redress of grievances or to associate with others for any lawful purpose including the right to organize and to bargain
collectively.
Section 4. Every person has the right to be secure in his person, house, papers and effects against entry, search and seizure.
Section 5. Every person shall be equal under the law and shall be entitled to equal protection. 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 the protection of minors, elderly, indigent, physically or mentally handicapped, and
other similar groups, and in matters concerning intestate succession and domestic relations. No person shall be treated unfairly in
legislative or executive investigations.
Section 6. The government shall take no action to deprive any person of life, liberty, or property without due process of law nor shall
private property be taken except for a recognized public use and for just compensation in money or in kind. No person shall be held
criminally liable for an act which was not a legally recognized crime at the time of its commission, nor shall the penalty for an act be
increased after the act was committed. No person shall be placed in double jeopardy for the same offence. No person shall be found
guilty of a crime or punished by legislation. Contracts to which a citizen is a party shall not be impaired by legislation. No person shall
be imprisoned for debt. A warrant for search and seizure may not issue except from a justice or judge on probable cause supported by
an affidavit particularly describing the place, persons, or things to be searched, arrested, or seized.
Section 7. A person accused of a criminal offence shall be presumed innocent until proven guilty beyond a reasonable doubt and shall
enjoy the right to be informed of the nature of the accusation and to a speedy, public and impartial trial. He shall be permitted full
opportunity to examine all witnesses and shall have the right of compulsory process for obtaining witnesses and evidence on his behalf
at public expense. He shall not be compelled to testify against himself. At all times the accused shall have the right to counsel. If the
accused is unable to afford counsel, he shall be assigned counsel by the government. Accused persons lawfully detained shall be
separated from convicted criminals and on the basis of sex and age. Bail may not be unreasonably excessive nor denied those accused
and detained before trial. The writ of habeas corpus is hereby recognized and may not be suspended. The national government may be
held liable in a civil action for unlawful arrest or damage to private property as prescribed by law. Coerced or forced confessions shall
not be admitted into evidence nor may a person be convicted or punished solely on the basis of a confession without corroborating
evidence.
Section 8. A victim of a criminal offence may be compensated by the government as prescribed by law or at the discretion of the
court.
Section 9. A citizen of Palau may enter and leave Palau and may migrate within Palau.
Section 10. Torture, cruel, inhumane or degrading treatment or punishment, and excessive fines are prohibited.
Section 11. Slavery or involuntary servitude is prohibited except to punish crime. The government shall protect children from
exploitation.
Section 12. A citizen has the right to examine any government document and to observe the official deliberations of any agency of
government.
Section 13. 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.
ARTICLE V
TRADITIONAL RIGHTS
Section 1. The government shall take no action to prohibit or revoke the role or function of a traditional leader as recognized by
custom and tradition which is not inconsistent with this Constitution, nor shall it prevent a traditional leader from being recognized,
honored, or given formal or functional roles at any level of government.
Section 2. Statutes and traditional law shall be equally authoritative. In case of conflict between a statute and a traditional law, the
statute shall prevail only to the extent it is not in conflict with the underlying principles of the traditional law.
ARTICLE VI
RESPONSIBILITIES OF THE NATIONAL GOVERNMENT
The national government shall take positive action to attain these national objectives and implement these national policies: conservation
of a beautiful, healthful and resourceful natural environment; promotion of the national economy; protection of the safety and security
of persons and property; promotion of the health and social welfare of the citizens through the provision of free or subsidized health
care; and provision of public education for citizens which shall be free and compulsory as prescribed by law.
ARTICLE VII
SUFFRAGE
A citizen of Palau eighteen (18) years of age or older may vote in national and state elections. The Olbiil Era Kelulau shall prescribe a
minimum period of residence and provide for voter registration for national elections. Each state shall prescribe a minimum period of
residence and provide for voter registration for state elections. A citizen who is in prison, serving a sentence for a felony, or mentally
incompetent as determined by a court may not vote. Voting shall be by secret ballot.
PALAU CONSTITUTIONAL CONVENTION
January 28 – April 2, 1979
Koror, Palau
ARTICLE III
CITIZENSHIP
Section 1. A person who is a citizen of the Trust Territory of the Pacific Islands immediately prior to the effective date of this
Constitution and who has at least one parent of recognized Palauan ancestry is a citizen of Palau.
Section 2. A person born of parents, one or both of whom are citizens of Palau is a citizen of Palau by birth, and shall remain a citizen
of Palau so long as the person is not or does not become a citizen of any other nation.
Section 3. A citizen of Palau who is a citizen of another nation shall, within three (3) years after his eighteenth (18) birthday, or within
three (3) years after the effective date of this Constitution, whichever is later, renounce his citizenship of the other nation and register
his intent to remain a citizen of Palau. If he fails to comply with this requirement, he shall be deprived of Palauan citizenship.
Section 4. A person born of parents, one or both of whom are of recognized Palauan ancestry, shall have the right to enter and reside
in Palau and to enjoy other rights and privileges as provided by law, which shall include the right to petition to become a naturalized
citizen of Palau; provided, that prior to, becoming a naturalized citizen, a person must renounce his citizenship of another nation. There
shall be no citizenship by naturalization except pursuant to this section.
Section 5. The Olbiil Era Kelulau shall adopt uniform laws for admission and exclusion of non-citizens of Palau.
ARTICLE IV
FUNDAMENTAL RIGHTS
Section 1. The government 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 recognize or establish a
national religion, but may provide assistance to private or parochial schools on a fair and equitable basis for nonreligious purposes.
Section 2. The government shall take no action to deny or impair the freedom of expression or press. No bona fide reporter may be
required by the government to divulge or be jailed for refusal to divulge information obtained in the course of a professional
investigation.
Section 3. The government shall take no action to deny or impair the right of any person to peacefully assemble and petition the
government for redress of grievances or to associate with others for any lawful purpose including the right to organize and to bargain
collectively.
Section 4. Every person has the right to be secure in his person, house, papers and effects against entry, search and seizure.
Section 5. Every person shall be equal under the law and shall be entitled to equal protection. 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 the protection of minors, elderly, indigent, physically or mentally handicapped, and
other similar groups, and in matters concerning intestate succession and domestic relations. No person shall be treated unfairly in
legislative or executive investigations.
Section 6. The government shall take no action to deprive any person of life, liberty, or property without due process of law nor shall
private property be taken except for a recognized public use and for just compensation in money or in kind. No person shall be held
criminally liable for an act which was not a legally recognized crime at the time of its commission, nor shall the penalty for an act be
increased after the act was committed. No person shall be placed in double jeopardy for the same offence. No person shall be found
guilty of a crime or punished by legislation. Contracts to which a citizen is a party shall not be impaired by legislation. No person shall
be imprisoned for debt. A warrant for search and seizure may not issue except from a justice or judge on probable cause supported by
an affidavit particularly describing the place, persons, or things to be searched, arrested, or seized.
Section 7. A person accused of a criminal offence shall be presumed innocent until proven guilty beyond a reasonable doubt and shall
enjoy the right to be informed of the nature of the accusation and to a speedy, public and impartial trial. He shall be permitted full
opportunity to examine all witnesses and shall have the right of compulsory process for obtaining witnesses and evidence on his behalf
at public expense. He shall not be compelled to testify against himself. At all times the accused shall have the right to counsel. If the
accused is unable to afford counsel, he shall be assigned counsel by the government. Accused persons lawfully detained shall be
separated from convicted criminals and on the basis of sex and age. Bail may not be unreasonably excessive nor denied those accused
and detained before trial. The writ of habeas corpus is hereby recognized and may not be suspended. The national government may be
held liable in a civil action for unlawful arrest or damage to private property as prescribed by law. Coerced or forced confessions shall
not be admitted into evidence nor may a person be convicted or punished solely on the basis of a confession without corroborating
evidence.
Section 8. A victim of a criminal offence may be compensated by the government as prescribed by law or at the discretion of the
court.
Section 9. A citizen of Palau may enter and leave Palau and may migrate within Palau.
Section 10. Torture, cruel, inhumane or degrading treatment or punishment, and excessive fines are prohibited.
Section 11. Slavery or involuntary servitude is prohibited except to punish crime. The government shall protect children from
exploitation.
Section 12. A citizen has the right to examine any government document and to observe the official deliberations of any agency of
government.
Section 13. 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.
ARTICLE V
TRADITIONAL RIGHTS
Section 1. The government shall take no action to prohibit or revoke the role or function of a traditional leader as recognized by
custom and tradition which is not inconsistent with this Constitution, nor shall it prevent a traditional leader from being recognized,
honored, or given formal or functional roles at any level of government.
Section 2. Statutes and traditional law shall be equally authoritative. In case of conflict between a statute and a traditional law, the
statute shall prevail only to the extent it is not in conflict with the underlying principles of the traditional law.
ARTICLE VI
RESPONSIBILITIES OF THE NATIONAL GOVERNMENT
The national government shall take positive action to attain these national objectives and implement these national policies: conservation
of a beautiful, healthful and resourceful natural environment; promotion of the national economy; protection of the safety and security
of persons and property; promotion of the health and social welfare of the citizens through the provision of free or subsidized health
care; and provision of public education for citizens which shall be free and compulsory as prescribed by law.
ARTICLE VII
SUFFRAGE
A citizen of Palau eighteen (18) years of age or older may vote in national and state elections. The Olbiil Era Kelulau shall prescribe a
minimum period of residence and provide for voter registration for national elections. Each state shall prescribe a minimum period of
residence and provide for voter registration for state elections. A citizen who is in prison, serving a sentence for a felony, or mentally
incompetent as determined by a court may not vote. Voting shall be by secret ballot.
Palau was settled about 4,000 years ago, most likely by people from Indonesia. Contact with
the western world began with English traders in the 18th Century followed by the Spanish in
the 19th Century. Spain sold Palau and most of the Caroline Islands to Germany in 1899,
following their defeat in the Spanish American War. Japan was granted control of the island
in 1914 and the United States took possession in 1944 during the World War II Pacific
campaign. Palau was formally passed into U.S. control in 1947 by the United Nations as part
of a Trust Territory of the Pacific Islands. In 1979, Palau and the Marshall Islands opted out of
a federation where four of the Trust Territories formed a single Federation of Micronesia.
The westernmost islands of Palau opted instead for independence and promulgated the
Constitution of the Republic of Palau on 1 January 1981. In 1993 a Compact of Free
Association was ratified with the United States and de jure independence was granted on 1
October 1994. The constitution conforms to the 1948 Universal Declaration of Human Rights
of which Palau is a signatory. Those passages specifically relating to human rights begin
with Citizenship in Article III and are detailed below. For a full English translation of Palau's
Constitution, click here.
the western world began with English traders in the 18th Century followed by the Spanish in
the 19th Century. Spain sold Palau and most of the Caroline Islands to Germany in 1899,
following their defeat in the Spanish American War. Japan was granted control of the island
in 1914 and the United States took possession in 1944 during the World War II Pacific
campaign. Palau was formally passed into U.S. control in 1947 by the United Nations as part
of a Trust Territory of the Pacific Islands. In 1979, Palau and the Marshall Islands opted out of
a federation where four of the Trust Territories formed a single Federation of Micronesia.
The westernmost islands of Palau opted instead for independence and promulgated the
Constitution of the Republic of Palau on 1 January 1981. In 1993 a Compact of Free
Association was ratified with the United States and de jure independence was granted on 1
October 1994. The constitution conforms to the 1948 Universal Declaration of Human Rights
of which Palau is a signatory. Those passages specifically relating to human rights begin
with Citizenship in Article III and are detailed below. For a full English translation of Palau's
Constitution, click here.