SUB-REGIONAL OVERVIEW: THE PACIFIC SUB-REGIONAL OVERVIEW: THE PACIFIC Palau TABLE 41 Ratification of International laws relating to statelessness by the countries the Pacific Country Laws Citizenship Law Palau ✅ ⛔ Stateless 1 ⛔ Stateless 2 ⛔ Refugee ⛔ Signifies that the country is a party to the convention Signifies that the country is not a party to the convention ICCPR ⛔ ICESCR ⛔ ICERD ⛔ CRC ✅ CEDAW ⛔ Stateless 1 - 1954 Convention relating to the Status of Stateless Persons Stateless 2 - 1961 Convention on the Reduction of Statelessness Jus sanguinis provisions The citizenship law of Palau operates through jus sanguinis provisions with children born either within or outside of the state automatically considered citizens if one of their parents is a citizen.1665 There are no provisions stipulating protections for foundlings or children born to stateless and/or foreign parents within the territory. There is no definition of a stateless person or any explicit mention of statelessness in Palau’s national legislation. The citizenship law of Palau operates through jus sanguinis provisions with children born either within or outside of the state automatically considered citizens if one of their parents is a citizen. Naturalized citizenship A naturalization process is only available to people of Palauan ancestry.1666 There is no simplified or expedited procedure available for stateless persons or refugees. Dual citizenship While dual citizenship was previously not recognized in Palau, a 2013 amendment bill was introduced to allow Palauan citizens to hold foreign citizenship without affecting their Palauan citizenship.1667 Treaty ratification status Palau has the lowest rate of treaty accession to the relevant treaties of any state in the Asia Pacific region. Palau is only a party to the Convention on the Rights of the Child, to which it made no reservations. In 2018, the CRC Committee in its concluding observations expressed concerns about the “ineffective birth registration procedures” as well as about the lack of legal safeguards against statelessness, especially for children.1668 The Committee 148 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) recommended adding legislative provisions which provide that any child born in the territory who may otherwise be stateless be granted Palauan citizenship.1669 It was also recommended that Palau strengthen its efforts to implement early birth registration procedures and ensure issuance of birth certificates, especially at the community level.1670 Further, Palau should “consider reviewing the Constitutional provision relating to citizenship to ensure that all children born in Palau are granted access to citizenship if they would otherwise be stateless”.1671 By ratifying the CRC, Palau is bound to ensure that every child’s birth is registered immediately and that no child is left stateless.1672 In Palau’s 38th UPR submission, it was recommended that the country accede to the 1954 and 1961 Statelessness Conventions as well as ensure their full implementation.1673 Population Reported stateless persons Palau has not reported any stateless persons to UNHCR in 2022 or any year prior. Causes of Statelessness Discriminatory nationality laws Provisions allowing only ethnic Palauans to gain citizenship, even through naturalization, can be discriminatory towards people from other ethnic groups who were born in and are longterm residents of the country.1674 One third of Palau’s population consists of non-citizens.1675 Non-citizens are unable to buy land and often experience discrimination in many aspects of life.1676 Lack of legal safeguards against childhood statelessness There is no explicit protection for foundlings in the citizenship law of Palau nor is there protection for children born to stateless and/or foreign parents within the territory. The CRC Committee has expressed concern regarding legal safeguards to provide citizenship to children born on the territory to non-citizen parents, noting that this may lead to statelessness.1677 Administrative barriers Despite the CRC Committee expressing concerns in 2018 about Palau’s ineffective birth registration procedures1678, in 2014, the birth registration rate in Palau was reported as 100%.1679 A 2022 Human Rights Report stated that authorities register births immediately in Palau.1680 Despite the CRC Committee expressing concerns in 2018 about Palau’s ineffective birth registration procedures, in 2014, the birth registration rate in Palau was reported as 100%. A 2022 Human Rights Report stated that authorities register births immediately in Palau. REPORT 2024 149