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
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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
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