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Recognition of same-sex unions in Palau

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Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e 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. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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Palau does not recognise same-sex marriage, civil unions or any other form of recognition for same-sex couples. The Constitution of Palau has forbidden same-sex marriages since 2008, though a campaign to repeal this ban was launched in 2019.

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Background

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Marriage (Palauan: chebechiil)[a] in Palau traditionally followed a matrilineal system and was marked by formal exchange of prescribed foods and wealth between the spouses' clans. Historically, marriages were arranged, but today individuals may choose their own partners.[2] Concubinage (klumengelungel) was also recognized as an institutionalized practice, despite attempts by Spanish and German authorities to discourage it during colonization.[3] Additionally, Christianity was introduced to Palau during this time, shaping societal perceptions. Anal intercourse between men became illegal under colonial law during this period. The law was repealed with the enactment of a new penal code in 2014.[4] Nevertheless, society generally does not accept same-sex relationships, and LGBT people continue to experience social marginalisation and discrimination today.[5]

It is unknown if Palauan society historically recognised a third gender structure similarly to other Micronesian cultures, such as in Chuuk where such individuals are known as wininmwáán.[6] The contemporary word for a "homosexual" is mengol a otaor, which may be viewed as derogatory,[7] based on the word for "concubine" mengol.

Constitutional ban

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The Constitution of Palau has defined marriage as between "a man and a woman" since 2008. The constitutional ban was among 22 amendments passed during a referendum on November 4, 2008. Previously, the Constitution did not address same-sex marriage or marriage explicitly.[8][9][10] Article IV, Section 13 of the Constitution was amended to read:[11]

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.[b]

In July 2019, in response to a question at a weekly press conference, President Tommy Remengesau Jr. said he supported striking down the ban, branding it discriminatory and saying he believed in "full equality". "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".[13][14][15] Local activists called his comments a "very surprising and progressive act".[16]

A popular initiative led by Pearl Marumoto and Rondy Ronny, announced on a Palauan television talk show, was launched in 2019 to legalise same-sex marriage in Palau.[17] The organisers sought the support of 25 percent of registered voters, as required by the Palauan Constitution, to facilitate a vote on repealing the constitutional ban on same-sex marriages. For the Constitution to be amended, a simple majority of votes cast and approval in 12 of the 16 states of Palau is required. Local observers said the initiative faced "an uphill battle". No referendum on repealing the ban has taken place as of 2024.[18]

Statutory laws

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Recognition of same-sex relationships in Oceania
  Marriage
  Marriages performed elsewhere are recognized (American Samoa)
  No recognition of same-sex couples
  Constitution limits marriage to opposite-sex couples (Palau, Tuvalu)
  Same-sex sexual activity illegal, but ban not enforced
  Same-sex sexual activity illegal
(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".[19] 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.[19]

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 male" must be at least 18 years of age and "the female" at least 16 years of age.[20]

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.[21] 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".[21][22]

See also

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Notes

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  1. ^ Sonsorolese: lili; Tobian: hihi;[1] Japanese: 結婚, kekkon
  2. ^ The previous text did not contain the sentence on marriage:
    • In 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.[12]
    (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.)

References

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  1. ^ Black, Barbara Webster (14 February 2017). "Toward a Tobian-English Dictionary" (PDF).
  2. ^ Mulherin, Lizzie (1 June 2024). "Ladies first? Life in Palau, one of the world's last matriarchies". Adventure.
  3. ^ Tellei, Julita; Basilius, Umai; Rehuher, Faustina (February 2005). "Palau Compact Road Archaeological Investigations, Babeldaod Island, Republic of Palau". Palau Resource Institute. 3.
  4. ^ "Two tiny nations drop anti-gay laws: Palau and Sao Tome". Erasing 76 Crimes. 16 October 2014.
  5. ^ "LGBTQ person objected to at IWD". Island Times. 10 March 2023.
  6. ^ Haggerty, George; Zimmerman, Bonnie (1999). Encyclopedia of Lesbian and Gay Histories and Cultures: An Encyclopedia. Gay histories and cultures. Vol. 2. Taylor & Francis. ISBN 9780815333548.
  7. ^ Ngoriakl, Joleen (26 June 2015). "Let #LoveWin Palau". A Medium Corporation.
  8. ^ "Palau's Constitution of 1981 with Amendments through 1992" (PDF). constituteproject.org. Retrieved 30 March 2024.
  9. ^ "C2D - Centre for research on direct democracy". Archived from the original on 15 April 2015. Retrieved 27 July 2015.
  10. ^ "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.
  11. ^ "Constitution of Palau" (PDF). Palau Legal. Retrieved 30 March 2024.
  12. ^ "Uchetemel a llach er a Beluu er a Belau, IV. Bliongel, 13 Bades". Pacific Digital Library (in Palauan). Retrieved 30 March 2024.
  13. ^ Kambes Kesolei, Ongerung (24 July 2019). "Palau's leader backs same-sex marriage". Pacific Note.
  14. ^ 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.
  15. ^ Potts, Andrew (26 July 2019). "Palau's President Wants To End Constitutional Ban On Same-Sex Marriage". Star Observer.
  16. ^ Srinivasan, Prianka (29 July 2019). "Palau President's comments on same-sex marriage welcomed, says LGBTQ advocate". Pacific Beat.
  17. ^ "Palauans call for amendment of constitutional provision that limits marriage between man and woman". Island Times. 6 August 2019.
  18. ^ "Reform of Discriminatory Sexual Offences Laws in the Commonwealth and Other Jurisdictions, Case Study of the Republic of Palau" (PDF). Human Dignity Trust. Retrieved 10 November 2024.
  19. ^ a b "Palau (Cycle 2)". ARC International. 13 April 2016.
  20. ^ "National Code of Palau, Domestic Relations - Title 21". paclii.org. Retrieved 31 March 2024.
  21. ^ 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.
  22. ^ "Laws protecting LGBTQ in Palau missing – report says". Island Times. 30 January 2024.
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