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United Nations Committee on the Rights of the Child - States Parties Reports |
UNITED
NATIONS |
|
CRC
|
|
Convention on the Rights of the Child |
Distr. GENERAL CRC/C/51/Add.3 23 March 2000 Original: ENGLISH |
COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER
ARTICLE 44 OF THE CONVENTION
Initial reports of States parties due in 1997
Addendum
PALAU[*]
[21 October 1998]
CONTENTS
Paragraphs Page
List of acronyms
5
Introduction 1 - 4 6
I. GENERAL MEASURES OF
IMPLEMENTATION 5 - 22 8
A. Measures taken to harmonize national law
with the
Convention 5 - 6 8
B. Status of the Convention under
domestic law 7 8
C. Mechanisms of coordination of policies related to
children 8 - 12 9
D. Measures taken to ensure the economic,
social and
cultural rights of the child 13 - 22 10
II. DEFINITION OF THE CHILD 23 - 37 12
III. GENERAL PRINCIPLES 38
- 82 14
A. Nondiscrimination 38 - 49 14
B. Best interests of
the child 50 -52 18
C. Right to life, survival and development 53 -
77 18
D. Respect for the views of the child 78 - 82 25
IV. CIVIL RIGHTS AND FREEDOMS 83 - 116 26
A. Name and identity 83 -
86 26
B. Right to a nationality 87 - 90 27
C. Right to know
and be raised by biological parents 91 - 95 28
D. Freedom of
expression 96 29
E. Freedom of thought, conscience, and religion 97
- 99 29
CONTENTS (continued)
Paragraphs Page
F. Freedom of association and
peaceful assembly 100 - 101 30
G. Protection of privacy 102 -
103 30
H. Access to appropriate information 104 -
115 31
I. Freedom from torture and cruel, inhuman or
degrading
treatment or punishment 116 33
V. FAMILY AND ALTERNATIVE CARE
117 - 189 33
A. Parental guidance 117 - 139 33
B. Joint
parental responsibilities 140 - 142 38
C. Separation from parents
143 - 147 39
D. Family reunification 148 - 149 40
E. Illicit
transfer and nonreturn 150 - 152 41
F. Recovery of child maintenance
153 - 154 41
G. Children deprived of a family environment 155 -
156 41
H. Adoption 157 - 170 42
I. Periodic review of
placement 171 - 173 46
J. Abuse and neglect 174 - 189 46
VI. BASIC HEALTH AND WELFARE 190 - 209 50
A. Health and health
services 190 - 201 50
B. Social security and childcare services 202
- 203 52
C. Standard of living 204 - 206 53
D. Disabled
children 207 - 209 53
CONTENTS (continued)
Paragraphs Page
VII. EDUCATION, LEISURE
AND CULTURAL ACTIVITIES 210 - 231 55
A. General education 210 -
220 55
B. Vocational training and guidance 221 -
222 58
C. Aims of education 223 58
D. The challenge of
motivating Palauan students 224 - 229 58
E. Leisure, recreation and
cultural activities 230 - 231 59
VIII. SPECIAL PROTECTION MEASURES
232 - 259 60
A. Children in situations of emergency
232 60
B. Children involved with the juvenile justice system 233 -
239 60
C. Children subjected to exploitation 240 -
258 62
D. Minority children 259 66
Appendix: National Plan of
Action for Children 67
Annexes
A. Presidential Executive Order on Children
B. Policy Recommendations for the Future of US Federal Programs
C. Legal Minimum Ages Under the Palau National Legal Code
D. Reports by Working Groups at the National Symposium on the
Palauan Child, 29 November 1998
List of acronyms
COC Chamber of Commerce
CoPopChi (Palau
National) Committee on Population and Children
IESL Informal Employment
and Sustainable Livelihood (Initiative)
MCH Maternal and Child Health
(Services)
MoAdm Ministry of Administration (responsible for all personnel and organizational related issues within the public service)
MoC/CA Ministry of Community and Cultural Affairs
MoC/T Ministry of Commerce and Trade (responsible for manpower planning, labour, and regulation of foreign workers)
MoEduc Ministry of Education
MoH Ministry of Health
MoJust Ministry of Justice
MoState Ministry of State
MoR/D Ministry of Resources and Development
NMDP National Master Development Plan
OCFS Office of Child and Family Services (no such office currently exists
although designation and/or creation of such an office is
recommended
herein)
OEK Olbiil Era Kelulau (National Congress)
PCAA Palau
Community Action Agency (a nongovernmental organization)
PCC Palau
Community College
PNC Palau National (Legal) Code
TTPI Trust
Territory of the Pacific Islands
VOCA Victims of Crime Assistance
(Programme)
Introduction
1. Palau ratified the Convention on the Rights
of the Child in August 1995, only nine months after independence. As
mandated by President
Nakamura and as required by article 44 of the
Convention, the Palau National Committee on Population and Children (CoPopChi)
initiated
work soon thereafter on a comprehensive analysis of the situation of
Palau’s children visàvis the Convention, the results
of which are
represented by this report. In preparing the report, CoPopChi has coordinated
an extensive consultative process involving
Palau’s leadership and a
crosssection of the population at large. Consultative meetings were held with:
the Society of Historians;
the Council of Chiefs; women leaders; and the general
public. Palauan and international experts representing many different
disciplines
have also been consulted. CoPopChi recognizes, however, that the
report is of little value if it fails to stimulate action to address
priority
issues affecting our children. Consequently, CoPopChi has also prepared a
National Plan of Action for Children (appendix).
This plan identifies priority
issues for action and makes recommendations regarding the organizations and/or
individuals who are
best suited to assume leadership roles in effecting these
recommendations. CoPopChi itself is preparing its own mediumterm work
programme
which aims to accelerate public information on children’s issues,
intensify advocacy on behalf of children, and strengthen
monitoring of the
situation of children.
2. This report would not have been possible
without the committed support of many persons too numerous to mention here by
name. To
the committee members who deliberated at length and reviewed countless
drafts; to all persons who shared their time and expertise
to shape the content
of this report; to the Ministry of Education for printing; and to the
United Nations Children’s Fund (UNICEF)
and the United Nations
Population Fund (UNFPA) which financed the public consultative process, we offer
our sincere thanks.
3. In general, the situation of Palau’s
children is very good. The Palauan cultural tradition affords high priority to
nurturing
and protecting children and recognizes the principles of “the
child’s evolving capacity” and the child’s
“best
interests”. Palau’s Constitution and legal code afford children
most of the legal rights and protections
mandated by the Convention and in some
instances, provide a higher degree of protection than that mandated by the
Convention. Infant
and child mortality (death) rates are low and the overall
health status of children good with high quality health care accessible
to all.
Children are guaranteed free education of reasonable and progressively improving
quality extending from kindergarten through
grade 12. In addition,
children are afforded a wide range of opportunities within the community for
personal enrichment including
nonformal education, cultural expression, and
recreation. Substantial progress has also been made to secure equal rights for
disabled
children and to provide these children with supportive services
necessary to facilitate their integration into community life.
4. Palau
is experiencing extremely rapid social, economic, cultural, and demographic
change - change which has the potential to transform
the nature of Palauan
society. As a result, new issues are emerging which affect our children and
require the attention of Government,
traditional leaders, and the publicatlarge.
Among these priority issues for action are:
− Legal reforms must ensure that all children enjoy equal protection against exploitation, abuse, and domestic violence and that children old enough to “form opinions” are given an opportunity to have their opinions heard and considered in legal proceedings which affect their own lives;
− Public health measures must be strengthened to ensure that Palau will always provide children with a healthpromoting environment, the best possible standard of nutrition including breast milk during infancy and healthful, fresh island foods during childhood, and healthful lifestyle choices including the choice of a “drug free” and physically active life;
− The “Palau 2000: Master Plan for Education Improvement” needs the active support of the entire community for timely implementation, thereby ensuring that all children complete at least 12 years of primary and secondary schooling which impart the knowledge, attitudes, and skills required for an active adult life in twentyfirst century Palau;
− Cultural mechanisms which support and assist families need revitalization; among these: mechanisms for transmitting to children essential cultural values, most notably that of respect for all things; the special role of the maternal uncle in guiding and protecting the children of his sisters and nieces; the role of village chiefs in guiding and disciplining children; and finally the responsibility of the entire adult community for each and every child as manifested by the traditional practice of “community parenting”;
− While revitalizing traditional family support mechanisms is a key strategy for the future, in some cases new services are required to meet emerging needs; childcare for children of working parents is an important emerging need which could be addressed in a variety of different ways to cater to the needs of different types of families;
− It is important for the community to recognize that there are children in Palau who do not have the benefit of a happy and supportive family environment; for these children, existing services to prevent and remedy child neglect and abuse must be maintained and strengthened;
− While much progress has been recorded in responding to the special needs of disabled children, these children and their families have an ongoing need for special support services; in addition, as the Palau Government begins construction of a new capital and as the private sector embarks on a period of intensive capital expansion, there is need for legislation to ensure that new public facilities are maximally accessible to all persons, including the disabled;
− Not all children resident in Palau are of ethnic Palauan descent; some special issues have been identified affecting nonPalauan children, especially those nonPalauan children adopted by Palauans; these highly complex issues will require special attention;
− And finally, there are some important issues for which no recommendations for action can be made at this time as further research is needed; high on the priority list for future research are issues relating to customary adoption practices and the extent to which these practices serve the best interests of the child in contemporary society.
I. GENERAL MEASURES OF IMPLEMENTATION
A. Measures
taken to harmonize national law with the Convention
5. Prior to preparation of this report, the Palau Government had not
undertaken a comprehensive review of national legislation and
administrative
procedures in light of the Convention. This report provided the impetus for the
Office of the AttorneyGeneral to
perform such a review. Following the review,
the AttorneyGeneral has concluded that Palau’s legal framework adheres
closely
to the Convention. In a few instances, Palauan laws and/or practices
apply a higher standard than those of the Convention (e.g.
Palau recognizes the
child’s right to life from conception rather than from birth and requires
mandatory education through
grade 12 or age 17). There are, however, a few
areas in which Palauan laws and/or practices fall short of the minimum standards
set by the Convention (e.g. failure in practice to ensure separation of juvenile
offenders from adults in correctional facilities,
failure to provide special
safeguards in the case of intercountry adoption, and failure to provide equal
protection to the male child
against sexual exploitation).
6. In addition
to these clearcut areas of congruence or deviation, there are other
“grey” areas in which statutory provisions
deviate from the specific
requirements of the Convention but for which reasonable arguments may be made
that local laws and/or practices
respect the “spirit” of the
Convention, thereby promoting the best interests of the child within
Palau’s sociocultural
context (e.g. handling of intrafamily adoption and
application of the principle of “best interests of all concerned”
in
sections of family law). Subsequent sections of this chapter outline areas of
congruence and deviation in greater detail. The
appendix outlines a Plan of
Action for achieving full compliance with the Convention.
B. Status of the Convention under domestic law
7. Palau’s Constitution and national legal code represent the supreme
laws of the country. The Code (Title 1.301303) specifies
sources of legal
authority recognized in Palau. These include: (a) the Trusteeship Agreement;
(b) laws of the United States in
effect in the TTPI inclusive of executive
orders of the United States President and the Secretary of Interior and
laws of the Trust
Territory not subsequently repealed by the OEK; (c) laws of
the OEK; (d) state laws; and (e) customary law not in conflict with statutory
authority. PNC Title 1.303 further states that common laws acceptable in the
United States can be applied in rules of decision by
Palau courts except
that “no person shall be criminally prosecuted except under the written
law of Palau or recognized local
customary law not in conflict with the written
law.” Given that the Code makes no reference to the legal authority of
international
conventions, the AttorneyGeneral therefore concludes that the
Convention on the Rights of the Child may not be directly invoked before
the
courts unless the relevant article(s) of the Convention have first been enacted
into the Palau Code by act of the OEK.
C. Mechanisms of coordination of policies related to
children
8. Coordination of policies. The mandate for reviewing the situation
of children visàvis the Convention and for preparing recommendations for
action
has been given by Presidential Order (No. 1421 dated
6 July 1995) to the National Committee on Population and Children
(CoPopChi).
CoPopChi is an interagency committee with representation from
12 government agencies and 7 NGOs (see mandate and membership in
annex
A). The Committee has broad responsibilities to: (a) monitor
implementation of the Convention; (b) provide information and training
to the
general public as well as to special interest groups and professionals involved
with children regarding the rights set forth
under the Convention; and (c)
advocate for the rights of children in general. The Committee, however, does
not have the authority
to intervene with respect to violation of the rights of
an individual child in the role of an ombudsman.
9. CoPopChi is somewhat
constrained in carrying out its responsibilities by the absence from its
membership of certain key individuals
and/or organizations (e.g. the Office of
the AttorneyGeneral, the police, the judiciary, and VOCA - the focal office
responsible
for providing support services for victims of child abuse and/or
domestic violence). CoPopChi is also a parttime committee which
works without
staff or a designated budget. CoPopChi owes its success to date to the strong
support of key member organizations
and its ability to tap into extrabudgetary
funding from UNFPA, UNICEF and UNDP. Sustaining a longterm programme of work on
behalf
of children will, however, necessitate a revised
structure.
10. Public information. A summary of the Convention
was translated into Palauan shortly after ratification (July 1995). This
bilingual edition has been
distributed and discussed at public meetings,
including meetings with high school students and parent groups, by Committee
members
in the intervening months. Beginning in mid1997, the process of public
information and consultation was intensified and formalized.
The bilingual
summary was formally published and a series of consultative meetings were
convened for the specific purpose of informing
key segments of the public about
the Convention and eliciting their input into this report. Four meetings
were held in OctoberNovember
1997 with: the Society of Historians; the
Council of Chiefs; women leaders; and the public-at-large (see annex D for
summaries of
the output from these meetings). As part of the reporting process,
a plan of action for addressing key issues identified has been
formulated
(appendix). This plan incorporates provisions for intensifying public
information and outreach to parents, children,
professionals dealing with
children, and the publicatlarge. It will be the ongoing responsibility of
CoPopChi to advocate, monitor,
and coordinate implementation of the overall plan
as well as the public information components.
11. CoPopChi’s
immediate public information strategy includes: (a) dissemination of this
report to all government ministries,
bureaux and boards; (b) dissemination of
this report to all private groups which assisted in its formulation; (c) launch
of a series
of newspaper articles to highlight Convention issues of special
importance within Palau; (d) publication and widespread dissemination
of a
bilingual summary of this report. The feasibility of making use of other media
such as television and drama will also be explored.
12. Other
coordinating mechanisms. CoPopChi recognizes the need to collaborate
closely with other intersectoral bodies with related mandates. These groups
include:
(a) the Palau Interagency Team for Children with Special Needs; (b)
the National Youth Policy Committee which coordinates the work
of agencies
serving young people 1534 years of age; (c) the National Nutrition Committee;
(d) the SchooltoWork Council, the primary
implementing body for the National
Education Master Plan; and (e) the Informal Employment and Sustainable
Livelihood (IESL) Task
Force which aims to facilitate rural economic
development.
D. Measures taken to
ensure the economic, social and
cultural rights of the child
13. Policy framework.
Palau’s first National Master Development Plan (NMDP) approved by the OEK
in 1997 provides the policy framework for the social
and economic development of
the nation through the year 2010. The priority is to achieve sustainable
economic growth by developing
Palau’s marine, agro-forestry, and tourism
resources while simultaneously rationalizing government services, privatizing
services
where feasible, and revising the structure of taxes and user fees to
enable essential government services to be financed from domestically
generated
revenues. This plan is further supported by sectorial plans for Education and
Health and by (draft) policies for population
and sustainable
tourism.
NMDP recommendations for public financing of health,
education, and social services
14. For education, the NMDP
recommends:
− Maintain Government’s allocation for education per student in real terms;
− Replace declining federal funds and meet the costs of new programmes and capital improvements by rationalizing expenditures and introducing fees at the secondary education level;
− Reduce subsidies for tertiary education and more closely link postsecondary scholarships and loans with relevance of proposed course of study to national development needs and to student need as determined by family income;
− After completion of the transBabeldaob road, consolidate elementary
schools and increase the studentteacher ratio while gradually
increasing
allocations for nonpersonnel costs (e.g. instructional materials and facility
maintenance).
15. For health, the NMDP recommends:
− Introduction of a fee schedule based on the actual cost of services with the level of subsidy gradually reduced over time but with provision for higher subsidies for lowincome families;
− Enforcement of collection policies;
− Stricter controls on the cost of offisland referral including more stringent criteria for referral and the level of subsidy for referral to be adjusted according to family income;
− All fees collected to be reinvested in health;
− Encourage expanded private practice including extension of private
practice into rural areas.
16. The NMDP does not make specific
recommendations for funding of social and youth services except to suggest that
increased allocations
will be needed to ensure adequate government support for
community initiatives.
17. To implement the NMDP, Palau is embarking on a
period of fiscal adjustment in which a public long accustomed to subsidized
government
services must begin to pay for these services either in the form of
fees or taxes. An economic safety net, however, is in place
for children with
the following features: (a) preventive health services, including periodic
screenings and immunization, are provided
free to all children; (b) children who
are Palauan citizens aged 017 years receive health and dental services
through the Ministry
of Health at a 95 per cent rate of subsidy; (c)
all children irrespective of citizenship receive free public education extending
from preschool through grade 12. Additionally, there is a subsidized
school lunch programme which ensures that virtually every preschool
and school
child has access to at least one hot, nutritionally balanced meal each school
day. Government’s decision to incorporate
these services within the
economic adjustment policy helps to ensure that services most essential to child
survival and development
remain universally accessible.
Budgetary
allocations for children
18. In fiscal year (FY) 95, the cost of
publicly supported health services in Palau was estimated to be
$6.4 million (9 per cent of
total government expenditures) or
$372 per capita. Of this amount, 35 per cent was expended for
services primarily of benefit to
children (MCH, Primary and Preventive Health
Care).
19. In FY 95, the cost of publicly financed primary and
secondary education was estimated at about $9 million (inclusive of federal
aid to education) which accounted for 13 per cent of government
expenditures and represented an allocation of $2,064 per child (aged
519). In
addition approximately $1 million were allocated for preprimary
education.
20. In addition to allocations for health and education,
approximately $800,000 were allocated for a variety of social services of
primary benefit to children and youth. These allocations included:
apprenticeship training ($49,000); juvenile justice and delinquency
prevention
($95,000); drug abuse prevention ($125,000); recreation ($83,000); support for
victims of crime inclusive of child abuse
and domestic violence ($102,000); job
training and career guidance ($277,000); youth services and the Palau National
Youth Congress
($30,000); and family and youth services and apprenticeship
training through the Palau Community Action Agency ($354,633).
21. A
review of past budget allocations of special benefit to children described above
demonstrates that:
− The Palauan Government allocates a larger share of public resources, in both proportional and per capita terms, to children’s services than do Governments of most developing countries;
− While health and education services are well funded, social and cultural services are relatively less well endowed with available funds fragmented across a number of diverse programmes;
− Since independence, funding for education and social services has been reduced owing to phaseout of United States federal grants; this requires heightened selectivity and efficiency in the expenditure of increasingly scarce resources (see annex B);
− A high proportion of Palau’s health care dollar is expended for
secondary and tertiary health care services rather than
for primary and
preventive health care; when United States federal and international aid to
health are discounted, only 0.6 per cent
of Palau’s own domestic
health resources were allocated for primary health care in
FY 95.
22. Government’s medium-term policies on future funding
for health, education and social services are broadly described in the
NMDP.
Specific short-term policies which will minimize disruption of services caused
by decline or phaseout of United States federal
categorical grant assistance in
the 19971999 period have been further delineated by a highlevel interministerial
committee (see annex
B).
II. DEFINITION OF THE CHILD
23. Under Palau law (PNC 21.105) an individual reaches the age of majority on
his or her eighteenth birthday. Eighteen is used as
the demarcation between
childhood and adulthood in two other sections of the Code: (a) the National
Child Abuse and Neglect Act
(PNC 21.6) and (b) eligibility for prosecution as a
“delinquent child” (PNC 34.6105). In other sections of the Code,
the term “minor” is used with varying definitions. Essentially, the
law recognizes evolving capacity beginning at the
age of 14 and extending until
the age of 21. (Annex C provides a detailed description of legal minimum ages
for various purposes.)
24. Reflecting traditional reluctance to ascribe
full majority prior to middle age, Government’s official definition of
youth
has been 1545 years of age. There is, however, a movement now within the
National Youth Policy Task Force to narrow this definition
to
1534.
25. In civil society, the age of majority is generally considered
to coincide with high school graduation (which typically occurs
in a
child’s eighteenth year). Prior to high school graduation, the child is
responsible for contributing to the wellbeing
of his or her household in an
ageappropriate manner through work within the family. Following high school
graduation, the child
is generally expected to increase his or her contribution
to the household through cash and/or intensified subsistence work (e.g.
farming
for young women and fishing for young men).
26. As the young adult
matures and demonstrates evolving wisdom, responsibility and commitment to
family, he/she will be granted by
the elders increasing personal autonomy and
involvement in family or clan decisionmaking. While it is true that in most
cases, a
person will not assume family leadership responsibilities until middle
life, it is also possible for a younger person of demonstrated
ability and
maturity to be given a chiefly title and/or to be selected for a position of
prominence in government or commerce.
27. Typically, following marriage,
a couple, together with any dependent children, will continue to reside for a
number of years with
their extended family (most usually the man’s parents
or uncle). At some point, when the couple have contributed sufficiently
to the
wellbeing of their extended family, they will be assisted to build their own
independent housing unit through a unique Palauan
custom called the ocheraol.
28. Ocheraol is an occasion when close relatives, clan
members and friends come together to contribute money to help one of their
members to improve
his (or, in some cases, her) standard of living. The
ocheraol binds the culture together creating a unique way of life which
sets Palauans apart, even from their Pacific neighbours.
29. For every
married man, there comes a time when it is right for him to build his own house
apart from his family or his wife’s
family. The young man will approach
his father or his maternal uncle. If he has contributed to the various customs
and the daily
needs of his relatives especially his female relatives on his
mother’s side he will be advised to hold an ocheraol. For an
ocheraol to be successful, a man must have the support of his maternal
relatives, especially his sisters, who are expected to provide the
largest
contributions. In Palauan tradition, female
relatives are like a
man’s savings account in the bank. If he deposits first (by contributing
to their wellbeing) and tends
his investments, he can withdraw later in the form
of contributions to his ocheraol.
30. The actual process of
conducting the ocheraol is complex as the obligation of each participant
depends upon complicated lineage affiliations as well as past contributions in
other
ocheraols. Generally, the oldest sister is expected to contribute
the largest sum with successive sisters contributing according to their
place in
the family lineage. Each sister in turn draws support from a network of
relatives and in-laws who assist to “make
her purse
heavy”.
31. In some cases, a young man may not be able to hold an
ocheraol. He may not have female relatives financially able to assist
him or he may choose not to assume the financial obligation of “paying
back” over time to those who have contributed to him. In such cases, a
man may choose to hold a house party. This is a comparatively
informal event
involving both friends and relatives. Contributions are smaller and less
regulated by custom. In rare cases, a man
may hold both an ocheraol and
a house party.
32. In 1994, the Office of Planning and Statistics
conducted a census of ocheraols in Koror State. A total of 44
ocheraol functions collected $1.25 million from 7,700 participants
(equivalent to 120 per cent of resident Palauan citizens aged 25 and
above).
These 44 ocheraols helped to construct 56,000 square feet of new
building space valued at nearly $2.0 million and sheltering 237 people. As a
part
of the ocheraols, 11,500 steisai meals were prepared costing
some $122,000 (an average of $16 per guest). In association with these 44
ocheraols, there were 17 house parties. These house parties
collected slightly more than $102,000 or an average of $31 per guest. The total
proceeds from the ocheraol and the house parties were $1,362,464
amounting to 69 per cent of total building costs.
33. The census also
showed that the top single donor at each ocheraol contributed, on
average, 20 per cent of the total. The top 10 donors (usually some combination
of the man’s sisters, nieces,
or daughters) gave an average of 57 per cent
of the total. A relatively small number of people are then responsible for a
large
portion of the collections.
34. The census demonstrates that the
Palauan custom of ocheraol is alive, healthy and strong. It makes a
major contribution to meeting basic needs of the Palauan family and helps to
support the
private sector, smallscale construction, and food preparation
industries.
35. Deficiencies under the law with respect to age of
majority. Following the legal review, the AttorneyGeneral has concluded
that amendments to Palau’s laws are required if children are
to be
adequately protected against sexual exploitation: (a) a uniform age of sexual
consent is needed in order to simplify enforcement
and prosecution; (b) gender
bias needs to be eliminated to ensure equal protection to males; and (c) changes
are needed in the rape
statute to eliminate the statutory prohibition against a
man being charged for raping his wife.
36. There is disparity with
respect to employment in that Palauan law sets no minimum age for wage
employment (as required by Convention
article 32). As there are no known or
suspected cases of children within Palau subjected to economical exploitation,
this disparity
can be addressed in due course in the context of a proposed
Uniform Labour Act. There is also a disparity with respect to marriage
in that
Palauan law does not regulate the age of marriage for citizens and customary
child marriages, although rare, occur occasionally.
Since marriage is regulated
primarily by custom rather than by statute, this issue is best addressed through
education and counselling.
37. Although there is a statute which
prohibits a child from instituting a civil action (PNC 14.406), in
practice, the courts have
allowed children to file civil suits as in a currently
pending case involving alleged negligence resulting in personal injury. The
willingness of the courts to entertain other types of civil actions initiated by
children, as for example actions which might be
pursuant to the Convention, is
unclear at this time. Devising a culturally acceptable yet effective mechanism
for legal recourse
in the event of a violation of a child’s rights will
require further consideration.
III. GENERAL PRINCIPLES
A.
Non-discrimination
38. Discrimination in general. The Constitution (art. IV.5) states,
“Every person shall be equal under the law... The Government shall take
no action to discriminate against
any person on the basis of sex, race, place of
origin, language, religion, social status or clan affiliation except for the
preferential
treatment of citizens, and for the protection of ... [specified
vulnerable groups, one of which is children]”. These rights
to
nondiscrimination apply to all persons, including children.
Palau’s Child Population, 1995 |
|||
Age
|
Total No.
children |
No. NonPalauan
children |
%
NonPalauan |
|
|
|
|
019
|
6 122
|
403
|
6.6
|
04
|
1 762
|
168
|
9.5
|
59
|
1 551
|
66
|
4.3
|
1014
|
1 527
|
83
|
5.4
|
1519
|
1 282
|
86
|
6.7
|
Among the nonPalauan children, 96 (24%) are nonPalauan Micronesians, 217 (54 %) are Asian, and the remainder are of other unspecified ethnicities. |
39. Despite equality before the law, there is growing concern in some
quarters about equal treatment of nonPalauans, especially foreign
contract
workers and their dependants, within civil society. Ethnic tensions are
building because many Palauans feel overwhelmed
by the rapid growth of the
nonPalauan segment of the resident population (increasing from 4 per cent of the
total population in 1973
to 33 per cent in 1997). This situation will most
effectively be addressed through educational strategies which promote
intercultural
understanding and development strategies which reduce the demand
for foreign labour, thereby ensuring ethnic balance.
40. Disparities
minorities. In Palau, the term “minority children” applies to
those resident children who are of nonPalauan ethnicity. In 1995,
nonPalauan
children constituted less than 7 per cent of the child population. These
minority children are protected by the constitutional
prohibition against
discrimination. Although the Constitution confers the right to free education
only to citizens, in practice coverage encompasses all children. The
Constitution likewise guarantees subsidized health care only to citizens
although in practice all children receive essential maternal and child
health
services (including periodic health screening and immunizations) free of charge.
Citizen children receive an additional 95
per cent subsidy for curative health
services provided through government facilities. Because of the relatively
small proportion
of non-Palauan children within the total child population, data
regarding the situation of children are not routinely disaggregated
on the basis
of ethnicity.
41. The 149 Palauan children who are of Southwest Island
descent may be considered “minorities” in that they have their
own
language and culture distinct from that of the main Palau
archipelago.
However, the majority of these children now reside in Koror, speak Palauan, and
are fully integrated within Palauan
society while simultaneously maintaining
their own unique traditions. There is no discrimination against these children
under the
law or within civil society.
42. Disparities rural
children. Since Palau is geographically small with 99 per cent of the
population resident on the main archipelago, disparities in access
to services
between rural and urban children are less acute than in most island nations.
Twentytwo per cent of children reside in
rural areas (outside of the Koror-Airai
area). These rural children suffer no disadvantage in access to elementary
education, although
most must migrate to Koror to attend secondary school as
there are only three small Church-affiliated high schools located in rural
Palau. In the past, rural children have suffered some disadvantage in access to
primary health services, but the Ministry of Health
has recently revitalized
rural health facilities and services so that all children now enjoy equitable
access to primary and many
secondary care services.
43. Recent analyses
have revealed substantial disparities in mean and median household incomes
between rural and urban areas. These
disparities do place rural children at
some material disadvantage although it is not believed that any family (or
child) in Palau
suffers from absolute poverty. Rural children enjoy some
advantages over their urban counterparts in that their lifestyle remains
more
traditional with easier access to guidance and support from a wider network of
extended family.
44. Disparities refugees or asylumseeking
children. The issue of refugee or asylumseeking children has not yet arisen
in Palau’s relatively short history as an independent nation.
Because of
Palau’s extremely small land mass, the (draft) population policy
recommends that political asylum not be permitted
and that refugees be
restricted to temporary passage for a maximum duration of three
months.
45. Disparities gender. The Palau Constitution and the
law (PNC Title 4) forbid discrimination on the basis of sex.
46. Palau is
a matrilineal society in which land and titles are most commonly inherited
through the maternal line of descent. In
traditional society, the roles and
responsibilities of men and women were different; these differences did not
imply a dominantsubordinate
relationship between the sexes, but instead a
duality in which each sex had a defined role but neither was able to progress
without
support and cooperation from the other. However, because women’s
status, while one of equality with men, was manifested “behind
the
scenes”, there are subtle cultural barriers to women assuming positions of
overt leadership, especially in politics. Although
the average female worker
still earns 25 per cent less than the average male worker and women are more
likely than men to be economically
dependent on other family members, women are
now surpassing men in educational attainment and are joining the formal sector
labour
force in record numbers. The rapid pace of these changes suggests that
economic disparities on the basis of gender will soon disappear.
To the extent
that data relevant to children are disaggregated by sex, there are no
indications that girls suffer from systematic
disadvantage.
Selected statistics pertaining to the situation of women in Palau (Based on 1995 Census)
|
||
|
Male |
Female |
Life expectancy at birth |
65.6 |
74.3 |
Education (persons 25-34 years of age, 1995):
% high school graduates % with Associate, Bachelor’s or Professional Degree |
63.4% 31.1% |
74.6% 20.4% |
Earnings (average wage of employed person over age 16) |
$8 657 |
$6 377 |
No independent income (persons aged 15+, 1995) |
31% |
41% |
|
|
|
Labour force participation
(formal sector): 1990 1995 |
68.2% 72.2% |
48.5% 59.5% |
Number of OEK members (1998)
|
29
|
1
|
Number of government ministers or state governors (1998)
|
24 |
0 |
Number of bureau directors 1998
|
16
|
4
|
47. Disparities disabled children. Discrimination on the
basis of disability is prohibited under the Constitution and the National Code
(PNC Title 4). Measures taken for the benefit and advancement of disabled
children are described in sect.
VI.4 of this chapter.
48. Disparities
street children. It is a basic tenet of Palau’s culture that every
Palauan has a right to shelter and basic subsistence within his or her
extended
family. However, with this right goes certain responsibilities for contributing
to household maintenance and adhering to
familyspecific rules. Because of
Palau’s cultural tradition, there are no “street children” as
the term is used
in Asia or Latin America. There is, however, a small group of
children (seven identified by VOCA at present ranging in age from
1017 years)
who choose to live “on the street” as a matter of personal choice
because they are unwilling to shoulder
the responsibilities that accompany their
right to family life. This is believed to be a new situation in Palau and one
which has come to the attention of authorities only in recent months.
Social workers from VOCA are now working with the children
thus far identified
and their parents with the goal of reintegrating these children into family
life.
49. Disparities disaggregation of data. Palau has a
population of only 17, 225 persons (1995) of whom 70 per cent reside in Koror.
It is therefore difficult to disaggregate
and analyse data at the subnational
level because of the very small number of observations recorded for any specific
geographic subarea
or social category. Nevertheless, most health and education
data are compiled in a manner which can support disaggregated data analysis
where statistically valid.
B. Best interests of the child
50. In accordance with the Palauan tradition, which places the wellbeing of
the individual subordinate to the wellbeing of the group,
the law specifies that
decisions made by the court with respect to annulment, divorce, child custody,
and child maintenance be what
“justice and the best interests of all
concerned may require”(PNC 21.302). For adoption, the standard required
by law
(PNC 21.401409) is “the best interests of the child”. The
standard with respect to disposition of the “delinquent
child”
is likewise “the best interests of the child”
(PNC 34.6107).
51. Most matters pertaining to family law are handled
not by the courts, but by the family and clan. Decisions of clan elders with
respect to family law are granted legal recognition (PNC Title 21.103).
Criteria used in reaching decisions in the customary system
will vary from clan
to clan but are believed to most commonly reflect the principle of “best
interests of all concerned”
rather than the “best interests of the
child”. A great many Palauans will argue, however, that there is in fact
no contradiction
between these standards, for the best interests of the child
can only be safeguarded in the context of the best interests of the
larger
family to which he/she belongs.
52. Rather than to challenge the standard
used by families in making decisions affecting children, CoPopChi believes it is
preferential
to focus on public education and advocacy to encourage families to
identify culturally acceptable mechanisms whereby children may
be consulted and
their opinions considered during decisionmaking processes on matters affecting
the child.
C. Right to life, survival and development
53. Right to life. Palauan tradition, practice, and law recognize the
child’s right to life not only from birth but from conception (PNC
17.201).
The law, however, specifies an absolute and total ban on abortions for
any purpose including cases where the mother’s life
is endangered by the
pregnancy and cases of rape or incest. While most Palauans oppose abortion,
there are some who argue that the
current law is unduly
strict.
54. Although mechanisms of abortion (herbal abortants and manual
manipulation) were recorded by early ethnographers, Palauans historically
had
and continue to have today a special abhorrence for the act of abortion. This
attitude dates to earlier eras when maternal and
infant mortality rates were so
high that postpartum survival was both a rarity and a matter for major public
celebration. Today,
improved public health and modern medicine have rendered
maternal mortality a rarity and infant mortality low in comparison with
that of
most other developing countries. Despite these advances, Palauans still regard
pregnancy, especially a woman’s first,
as a risky undertaking during which
her family must ensure that she receives only the best of care and foods.
Public celebration
of a woman’s first safe delivery continues to be
observed through an important Palauan custom called ngasech.
Foetal and infant mortality rates, 19911996 (Ministry of Health)
|
||
Year
|
Foetal mortality
(deaths of foetuses 20 weeks and over gestation per 1 000 live births) |
Infant mortality
(deaths among liveborn infants per 1 000 live births) |
1991 |
43.7 |
8.6 |
1992
|
28.5
|
26.7
|
1993
|
27.3
|
22.5
|
1994
|
15.9
|
21.5
|
1995
|
5.0
|
15.1
|
1996
|
16.6
|
19.7
|
Child deaths, ages 117 years, 19941996 (Ministry of Health)
|
|
Cause of death
|
No. deaths
|
Motor vehicle accidents |
3 |
Other accidents
|
4
|
Cardiac disease
|
2
|
Suicide
|
1
|
Other
|
1
|
55. Maternal deaths in Palau occur only rarely. Only three maternal
deaths have been recorded in the past decade, one each in 1989,
1992 and 1994.
There were no maternal deaths in the intervening years nor in the 11 years
preceding (19781988). This favourable
situation is due to the overall high
status of health among young women, high quality of prenatal and obstetrical
services, and widespread
availability and acceptance of modern contraceptives
(especially among older women).
56. Although all women giving birth in
Palau receive some prenatal care, a major concern continues that less than one
third of women
seek care during their first trimester of pregnancy. The
proportion of ethnic Palauan women seeking first trimester care is even
lower
than the national average as nonPalauan women are far more likely to use
prenatal services early and regularly.
57. Right to survival. Primary
health services are provided through government facilities and two private
clinics. Secondary services are provided only
in Governmentowned
and operated facilities. Owing to the small population, the range of
tertiary services available on the island
is limited; most tertiary services are
provided via referral to either the Philippines or Hawaii.
58. All
citizens are guaranteed free or subsidized health care (Constitution, art. 6)
and despite increases in user fees for health
care in 1997, the law forbids any
person from being denied essential health care due to inability to pay for
services. The fee schedule
promulgated in 1997 is based on the actual cost to
the Government of providing services. Services continue to be subsidized,
albeit
at a lower rate than in the past, for citizens while the subsidy for
noncitizens for most services has been withdrawn. Children,
however,
irrespective of citizenship, continue to receive free screening and preventive
health services in all government health
centres.
59. Palau’s
health-care system is welldeveloped and of a high standard. This, combined with
high levels of sanitation, education
and an evolving material standard of
living, has resulted in control of most communicable diseases. However,
changing lifestyles
and dietary patterns combined with alcohol, tobacco, and
betelnut use/abuse have spawned an epidemic of noncommunicable diseases
among
middleaged Palauans. While not directly affecting children, the behavioural
patterns which predispose Palauans to these diseases
are established during
childhood.
60. Both foetal and infant mortality rates are declining and
the risk of death from illness during childhood and adolescence is quite
low.
Incidents of mortality occur primarily in the first month of life and are
commonly related to prematurity and/or low birthweight.
On the average,
10 per cent of newborns have a low birthweight (under five pounds).
This 10 per cent, however, contributes disproportionately
to infant
mortality with an estimated 80 per cent of infant deaths occurring among
low birthweight infants. Low birthweight is closely
associated with late
prenatal care, use of tobacco during pregnancy, and teen pregnancy.
Accordingly, the Bureau of Public Health
has focused mortality prevention
interventions on these three risk factors.
61. Palauan children have
enjoyed high rates of immunization against common childhood diseases for many
years. A survey in 1997 found
that 94 per cent of twoyearolds and
99 per cent of sixyearolds were fully immunized against polio,
tetanus, diphtheria, pertussis,
measles, mumps, rubella, hepatitis B, and
meningitis. Vaccines against hepatitis A and chickenpox are now being
introduced.
62. Respiratory infections constitute the leading cause of
acute illness among children but no deaths have been recorded in recent
years.
Diarrhoeal diseases and other gastrointestinal infections, believed to be
primarily foodborne, also cause many illnesses
but virtually all cases are
successfully managed on an outpatient basis using oral rehydration therapy with
no deaths recorded in
recent years. Otitis media, both acute and chronic, is a
significant health problem affecting an estimated 18 per cent of children
each
year. Injuries cause significant morbidity and are the main cause of death
among children over one year.
63. Most illnesses and deaths among
children can be prevented by the actions of parents or guardians without
recourse to medical technology.
There is accordingly an ongoing need to
heighten community awareness about the health and safety needs of children and
to promote
a safe but stimulating environment for children. Safety will become
increasingly important as Palau becomes more densely populated,
more multiethnic
in composition, and more highly developed. Traffic, water and play safety will
need to feature prominently among
children’s health initiatives in the
coming decade together with traditional public health measures.
64. To
stimulate the creation of a healthpromoting environment for children and
families, Palau is participating in two international
initiatives which stress
comprehensive environmental health and safety; these are the WHOUNICEF Health
Promoting Schools Initiative
and the WHOPacific Community (formerly South
Pacific Commission) Healthy Islands Initiative. In addition, CoPopChi has
recommended
that state governments implement a revitalized system of land use
master planning. It is important that open spaces and recreational
facilities
appropriate for residents of all ages be integral components of this land use
planning.
65. While a health promoting environment is critical for
optimal child survival and development, of equal importance is the promotion
of
healthy lifestyle choices by children and youth. There is considerable
evidence, albeit mostly unquantified, that Palauan children,
especially those
residing in urban Koror, are adopting many adult habits which are deleterious to
health, including:
− Sedentary lifestyles;
− Excessive television viewing;
− Diets high in salt, sugar, and fat;
− Early onset of overweight (see table below);
− Early use of betelnut, often with tobacco (see table below).
Use of betelnut, tobacco, and cigarettes among Palauans, 1995 (Office of Planning and Statistics
|
||||
Age
|
% chewing betelnut
|
Average No. chews per day
|
%
chewers using tobacco |
%
chewers using cigarettes |
All
|
76
|
16
|
80
|
24
|
514
|
55
|
5
|
86
|
21
|
1524
|
77
|
11
|
96
|
27
|
2534
|
86
|
16
|
88
|
24
|
3544
|
89
|
20
|
69
|
21
|
4554
|
82
|
27
|
62
|
27
|
5564
|
77
|
22
|
53
|
15
|
6574
|
84
|
21
|
45
|
23
|
75+
|
76
|
16
|
48
|
33
|
Prevalence of overweight in six rural
states
(Public health data, 19931995) |
|||
Age (years)
|
Males overweight
|
Females overweight
|
All persons overweight
|
19
|
0
|
0
|
0
|
1019
|
11%
|
16%
|
13%
|
2029
|
42%
|
47%
|
44%
|
3039
|
50%
|
61%
|
55%
|
4049
|
45%
|
57%
|
50%
|
5059
|
69%
|
48%
|
58%
|
60+
|
36%
|
40%
|
38%
|
66. Adolescents. Palauan adolescents have few acute health
problems except for injuries, which most commonly result from accidents and are
frequently
related to alcohol or drug use. For this age group (1321 years of
age), the most pressing concerns are reproductive and psychosocial
health.
67. Reproductive health. There is a widespread perception
that Palauan adolescents initiate sexual activity at relatively young ages
without adequate protection
against pregnancy or sexuallytransmitted diseases.
Because behavioural and attitudinal data are collected in an uncoordinated
manner
using different methodologies, it is difficult to determine with
precision the actual trends in adolescent reproductive health.
However, key
indicators suggest that despite considerable investment of time and money in
educational outreach over the last decade,
a great many adolescents continue to
place themselves in jeopardy as a result of early sexuality and unprotected
sex.
68. Among the indicators:
− Census data show high teen fertility rates with the rate increasing
by more than 50 per cent in the 1989 to 1994 interval;
− The number of adolescents treated for sexually transmitted diseases
continues to increase (see table below);
− A 1996 survey of 473 Palau high school students found 48 per cent to be sexually active but only 37 per cent of sexually active students consistently practised safe sex.
Cases of sexually transmitted diseases among persons
under 22 years of age, 19931996 (Ministry of Health)
|
||||
Age
|
1993
|
1994
|
1995
|
1996
|
<12
|
0
|
2
|
1
|
1
|
1214
|
0
|
1
|
0
|
0
|
1517
|
0
|
4
|
7
|
11
|
1821
|
5
|
17
|
28
|
34
|
All
|
5
|
24
|
36
|
46
|
69. These are alarming statistics clearly suggesting that intensified school
and community health education efforts have as yet not
successfully counteracted
the permissive messages adolescents receive from society and the media. While
Palau has been lucky to
escape the HIV/AIDS pandemic thus far (having had only
one AIDS case, deceased in 1993), public health officials are cognizant that
there is significant potential for the virus to spread rapidly through the
population should it be introduced.
70. Psychosocial health.
Palauan adolescents are generally perceived as being in a state of crisis with
many young people, especially young males, experiencing
difficulty in making the
transition from childhood to adulthood in contemporary society. This situation
is manifested by a variety
of indicators including: lower male life expectancy;
higher male school dropout rates; higher unemployment rates among young males;
higher prevalence of mental illness among young males; and higher prevalence of
substance abuse among young males.
71. Between 1984 and 1997, 44 Palau
residents committed suicide of whom 40 were male and 8 were under 21 years of
age. A 1997 survey
found that thoughts about suicide and/or attempts at suicide
were somewhat more common than indicated by the mortality data (see
table). For
over half of the survey sample who had contemplated or attempted suicide,
problems with alcohol or drugs were the reason(s)
cited.
Prevalence of suicidal concerns
(Contemplation of or attempts to commit suicide) |
|
Age category
|
Proportion of persons with suicidal concerns
|
1014
|
11.5%
|
1520
|
3.8%
|
2125
|
11.5%
|
2630
|
11.5%
|
3140
|
42.3%
|
4150
|
15.4%
|
51+
|
3.8%
|
72. Palau has a high rate of mental illness which is almost twice the
expected rate based on global data. Mental illness strikes
predominately young
males and is often associated with alcohol or drug abuse. Alcohol abuse among
young males is widespread and
associated with a range of social problems ranging
from child abuse, spouse abuse, crime and delinquency, and traffic accidents.
Marijuana grows easily in most parts of Palau and is widely used.
“Ice” and other illicit drugs have also infiltrated
Palau from
abroad. In a recent backlash against what is perceived as a growing drug
problem, tough new laws were enacted in 1997
to combat both trafficking and use
of illicit drugs (exclusive of marijuana). Besides legal initiatives, there are
a number of drug
education and treatment options available through the Ministry
of Health (Behavioural Health and Public Health Divisions), Ministry
of
Education (health education, drug free school programme, and “Palau
Pride”, a student initiative at Palau High School),
the AntiSubstance
Abuse Programme operated by the Ministry of Justice, the work of the Close-up
Foundation in all high schools, and
youth initiatives by churches and
communities.
73. Right to development. All Palauan citizens have
a constitutional right to free public education extending from preschool through
grade 12 (Constitution,
art. 6 and PNC 4 and 22). Subsidized onisland tertiary
education is available through Palau Community College, a
United Statesaccredited
twoyear college offering associate degrees in
various academic and vocational disciplines. In addition, Palauan citizens
admitted
to an accredited offisland tertiary institution and who have the
prerequisite academic standing are eligible for partial assistance
in the form
of student grants or loans.
74. In practice, free public education from
preschool through grade 12 is made available to all children irrespective of
citizenship.
In addition to the public school system, schools are also operated
by the Catholic, Evangelical Protestant, Seventh Day Adventist,
and Modengkei
Churches. While nonpublic schools and their teachers must be licensed,
licensure is used only to ensure adherence
to essential qualitative standards
and not as a mechanism to restrict private sector initiatives.
75. In
all, Palau is served by 24 elementary schools and 6 high schools employing 350
teachers of whom 80 per cent hold Bachelor’s
degrees. The Ministry of
Education has recognized, however, that though the quantity of educational
services available is more than
adequate, the quality and relevance of services
need to be improved if students are to be adequately prepared for the modern
world
of work which awaits them following graduation. Accordingly, the Ministry
is now implementing an Educational Master Plan to remedy
deficiencies in the
system. Qualitative issues and current education strategies are covered in
greater detail in section VII.
76. Development of the child requires more
than formal education. It requires a supportive family environment and
opportunities for
cultural enrichment. It is recognized that for Palau’s
children to achieve their full developmental potential, strategies
are needed to
strengthen the family and community while assisting children to inculcate
traditional Palauan values and skills.
77. Child development and child
rights training for professionals serving children. The Committee has
requested supplemental information regarding the extent to which child
development and the Convention have been
integrated into the preservice and/or
inservice training of professionals who serve children (e.g. teachers, health
workers, social
workers, judges, probation officers, police officers, prison
officers and others). At the present time, Palau does not undertake
preservice
training of these professionals with the exception of practical nurses/health
assistants and police officers. The Community
College, however, expects to
initiate preservice degree programmes in education and nursing in 1998/99.
Because the current cadre
of professionals has been trained in many different
institutions in different countries and no survey specific to training related
to child development has been undertaken, it is not possible for CoPopChi to
respond to the Committee’s query in a comprehensive
fashion. To date, the
following initiatives are worthy of mention:
− A childcare programme to be launched in mid1998 by the Bureau of Public Health has training in childcare and child development among the priority objectives;
− The Bureau of Public Health has launched a long-term health awareness
programme for high school freshmen which includes as
one of its topics human
growth and development; these topics being further reinforced through the school
health curriculum taught
in grades K-12;
− Preschool teachers employed through the publicly funded “Head
Start” Programme receive annual inservice training
through the Palau
Community College; early childhood growth and development are important
components of this training;
− Inservice training is also provided for all types of professionals; these training sessions provide opportunities for child development and Convention training to be provided. To date, such integration has been ad hoc and relatively informal (delivered by CoPopChi members when asked to speak at workshops or participate in courses as guest lecturers).
D. Respect for the child’s views
78. Under the law, children over 12 years of age have a right to express
their opinions in court on matters relating to their own
adoption (PNC 21.403).
Children accused of a violation of the Criminal Code (PNC Title 17) likewise
have the right to testify on
their own behalf although they may not be compelled
to do so. In all other matters, the law is silent on the rights of the child
to
voice an opinion. In matters before the court, the exercise of this right is at
the discretion of the presiding judge. Palau
has no ombudsman and the court
employs no officer in the capacity of social worker with authority to
investigate the situation of
a child involved in a legal dispute and to provide
impartial guidance to the court as to the child’s best
interest.
79. However, as previously noted, most matters of family law do
not come before the court but are instead handled under custom law
within the
clan. Here, traditional attitudes may not always facilitate expression and
consideration of the child’s views.
In Palauan tradition, the child is
expected to:
− Be obedient to his/her elders (olngesenges ra r’meklou
‘I chad);
− Submit to the authority of all elders within the community, each of
whom has the prerogative to guide and discipline the child
(nglalek
buai/beluu);
− Be considerate to others (melengmes ra r’bekle
chad);
− Be respectful toward parents, elders and custom, tradition, and all
living things (mengull ra r’bekle chad e mengeluolu a siukang ma tekoil
beluu);
− Know the appropriate time, place and manner of speaking (medngei a
kirel ma diak el kirel mesaod ma belsechel ‘longedcheduch);
− Be sensitive to nonverbal communications by elders (melanges
mad);
− Learn by observing others (sekutab ra ungil
tekoi).
80. Children do, however, have rights to participate and voice
opinions in a number of different ways, within civil society. Palau
has a long
tradition of community-based youth organizations; this tradition continues to
the present day. Within these organizations,
children and youth are able to
make decisions and carry out initiatives for their own benefit as well as that
of the larger community.
These groups are active in sports and community
projects; they may also form informal cooperatives where they work for income to
support themselves and their group. As one example, in rural communities, youth
groups provide a source of labour, often paid, for
assisting women with heavy
farm work. Unfortunately, in urban areas, youth groups in recent years have
been displaced in this and
similar roles by foreign contract workers. This
practice robs the urban youth of a source of independent income as well as the
opportunity
to learn livelihood skills.
81. The high schools have various
special interest student associations or clubs as well as a system of student
government. These
mechanisms provide children and youth with experience of
group work as well as opportunities to express themselves. There are also
opportunities for young people to express themselves artistically (through the
annual Palau Festival of Music and Dance, and art
shows organized by United
Artists of Belau), orally (through speech contests and essay competitions
sponsored as part of important
community activities), and in writing (through
the Palau Writer’s Club headquartered at the Community College). The
Continuing
Education Division at Palau Community College is also active in
sponsoring special interest classes geared toward students during
school
vacations; many of these classes assist students to express themselves through a
variety of media. The National Museum also
provides opportunities for cultural
expression and a number of youth groups teach cultural dancing, chanting, and
music for fun and
for profit.
82. For the young person motivated to seek
out opportunities for development and expression, there is an amazing diversity
of options
given the small size of Palau’s community. It is unfortunate
that only a small number of children and youth take advantage
of these
opportunities. Children and their parents need to be more aware of the
potential for enrichment and development that these
activities
represent.
IV. CIVIL RIGHTS AND FREEDOMS
A. Name and
identity
83. The law requires that every birth be registered within one week of
delivery; a name for the child is required at the time of registration
(PNC
34.40). Additional information requested on the birth registration form is the
ages, addresses, and places of birth of both
parents, and the date, place, and
attendant at the birth of the child. Because of restrictions under Palauan law
to nationality,
land ownership and other rights to persons of non-Palauan
descent and/or citizenship, parental information is of great importance
since
the information recorded in the birth registration is the most common means for
a person to establish rights as a citizen and
as a member of his or her
respective clan(s).
84. For many years now, every birth in Palau has
taken place within the health system. Compliance with the birth registration
law
is therefore 100 per cent. Children typically are given a Palauan name and
a “church” name and most often carry the
name of their biological
father irrespective of the marital status of their parents at the time of birth.
In cases of customary adoption,
a child may use the last name of his/her
adoptive father although the legal name often remains as shown on the birth
certificate.
Until the last couple of decades, Palauans were typically relaxed
about names and it is not unusual for middle-aged and older Palauans
to be known
by multiple first and last names. Since the institutionalization of a universal
birth registration system, however,
“naming” has become more
westernized and less amenable to change.
85. In the event of a dispute
about any aspect of an individual’s identity, the matter might be resolved
by his or her clan
or might alternatively be brought before the court.
Petitions to the court for a legal change of name account for more than 10 per
cent of the court’s civil caseload. Such cases generally involve the
request of a newly emancipated minor to resolve anomalies
between his/her legal
name (as recorded on the birth certificate) and his/her common name (the name of
the adoptive family used socially
since childhood).
86. Under Palauan law
there is an incentive for children who have been legally adopted through the
court to know their birth heritage,
for under PNC Title 21.409 an adopted child
“shall inherit from his adopting parents the same as if he were the
natural child
of the adopting parents and he may also inherit from his natural
parents and kindred the same as if no adoption had taken place”.
Based on
community consultations about the Convention, however, it appears that this law
is somewhat at variance with customary
practice as informants indicated that
responsibility for ensuring an adopted child’s inheritance rightfully
rests with the
adoptive parents.
B. Right to a nationality
87. All children born to persons of ethnic Palauan descent have the right
to Palauan citizenship (Constitution, art. 3.1-4 and PNC
Title 1). Ethnic
Palauan children who by virtue of place of birth, residency or parentage are
entitled to more than one citizenship
may be recognized as Palauan citizens
until the age of 18 at which time, to retain Palauan citizenship, they must
renounce their
alternative citizenships since the Palau Constitution does not
permit dual citizenship. However, any person of Palauan descent over the age of
18 years who has acquired a foreign citizenship
can reclaim Palauan citizenship
through a process of naturalization. Children born in Palau to non-Palauan
parents must acquire
the citizenship of one or both parents.
88. There is
no easy solution to the problem of ensuring the right to a nationality for
nonPalauan children adopted by Palauans.
Options include: (a) prohibiting
Palauans from adopting non-Palauan children, although this could be complicated
by the large number
of Palauans residing abroad who could legally adopt in a
foreign court but whose adoption would then not be recognized in Palau;
(b)
granting such children limited rights such as a permanent residency and a
livelihood; (c) granting the right to carry a Palauan
passport but not the right
to inherit or own land; or (d) granting the right to full citizenship. At this
time, there is a bill
before the OEK which will grant permanent residency to
non-Palauans legally adopted by Palauans. However, by regulation such children
remain ineligible for material subsidies (e.g. subsidies for health services) or
benefits reserved for citizens (e.g., educational
scholarships and
loans).
89. Under the current law, two problem areas have emerged.
First, in relatively rare situations, the juncture of various national
laws
could conceivably render a child born in Palau stateless should the child not
have Palauan blood and the parental country(ies)
fail to recognize the
child’s citizenship therein. Second, while the law allows Palauans to
adopt non-Palauan children, the
act of adoption does not include the right for
the adopting parent to transfer his/her Palauan nationality to the adopted
child.
Such a child is not eligible for a Palauan passport, subsidies and
benefits bestowed by Government upon citizens (e.g., health subsidies),
to own
or inherit land in Palau, nor, as an adult, to be granted
“permanent” residency. Were such a child to remain
in Palau after
reaching adulthood, his or her right to work and invest would be subject to laws
governing employment and investment
by foreigners.
90. The first
situation would arise only in rare circumstances. In such cases, the Palau law
is clear: the child is not eligible
for Palauan citizenship; the responsibility
for resolving the impasse would be borne by the country(ies) of parental
citizenship.
The second situation has already arisen and is expected to become
more common in the future as Palau becomes increasingly multiethnic
and as the
Government strives to encourage overseas Palauans to return to Palau. Because
the nationals of so many small countries
have found themselves outnumbered by
foreigners, this matter is of great sensitivity. Discussion of the Convention
has provided
a catalyst for bringing the issue before the public but at this
time, there is no public consensus on a solution which will protect
the rights
of the individual child while simultaneously protecting the rights of Palauans
as a whole to “reign supreme in their
own homeland” (Preamble to the
Constitution).
C. Right to know and be raised by biological
parents
91. Under Palauan custom, a child’s primary affiliation is as a member
of his or her maternal clan which bears the responsibility
for rearing and
educating the child. A child is also a member of his or her paternal clan, but
this is normally a “weaker”
link unless that link is deliberately
strengthened as a result of a customary adoption into the paternal
family.
92. In the event that the biological mother is unable to care for
her child, the responsibility for ensuring the child’s well-being
is
generally borne by the maternal uncle (or her eldest brother) who may be
assisted in decision-making regarding the child’s
future by the clan
elders. Today, it is most common for a child who cannot be cared for by his or
her biological mother to be absorbed
into the household of the maternal
grandmother or aunt through a system of customary adoption. In most cases, the
child will also
be acknowledged by the paternal clan irrespective of the marital
status of the parents.
93. Palauan elders consulted during preparation
of this report indicate that by custom an adopted child does not have the right
to
know his/her biological parents although by the time of puberty, it is
considered proper for the child to know his/her family history.
Cases, however,
were cited in which the child did not learn of his/her true parentage until
adulthood. The decision and the timing
for informing an adopted child about his
parentage varies from family to family. During consultations, some older
Palauans recounted
their own experiences and expressed unhappiness about the way
in which this information was imparted to them. Given the
frequency of
customary adoption within Palau, this issue is worthy of more in-depth research
as a basis for providing informed guidance
to adoptive parents for handling this
sensitive matter in accordance with the child’s “best
interests”.
94. Although families may differ in their handling of
information concerning a child’s heritage, there are no legal impediments
to the child having full knowledge at any time. With the sole exception of
juvenile (criminal) proceedings, all court records are
open to the public.
Birth certificates as well as adoption certificates for court-approved adoptions
can be accessed by any person,
including the child concerned, if he/she knows
how to initiate an inquiry.
Interventions by the court under family
law
95. The following table shows the number of family law cases
involving children which have come before Palau’s courts in recent
years.
(The percentage shown refers to the total civil caseload.)
Type of case
|
1996
|
1997
|
||
No.
|
%
|
No.
|
%
|
|
Divorce or annulment
|
24
|
4.6
|
26
|
6.5
|
Child custody
|
0
|
-
|
1
|
0.2
|
Child maintenance
|
4
|
0.8
|
2
|
0.5
|
Adoption
|
50
|
9.5
|
32
|
8.0
|
Confirmation of customary marriage
|
9
|
1.7
|
4
|
1.0
|
Name change
|
57
|
10.8
|
45
|
11.2
|
Appointing legal guardian of a minor
|
15
|
2.9
|
5
|
1.2
|
D. Freedom of expression
96. The Constitution (art. 4) and the legal code (PNC Title 4) grant to all
persons, without distinction, the right to freedom of expression. It is the
opinion of the Attorney-General that these provisions apply to children as well
as to adults.
E. Freedom of thought, conscience, and religion
97. The Constitution (art. 4.1) and the law (PNC Title 4) grant to all
persons the right to freedom of thought, conscience, belief and religion. These
provisions apply equally to children as well as to adults. Although 89 per cent
of Palau’s population classify themselves
as Christians (1995 census),
there is no State religion, government interference in the expression of
religious belief, or mandatory
religious observance within public
schools.
98. Church-owned and -operated schools are eligible for
government grant-in-aid although this assistance represents only a small
proportion
of the cost of their operation. (In FY 94, 11 private schools,
of which 10 Church affiliated, shared a total grant of $271,500.)
Funds were
allocated on a per-student basis with sums ranging from $5,800 for two private
kindergartens to $86,500 for the Catholic
Mission’s elementary school
serving nearly 350 students. The law forbids discrimination against Church or
private school students
with respect to ancillary government assistance to
education (PNC Title 22.181). Accordingly, the private schools and their
students
benefit from government services for transportation, health, curriculum
support (although a uniform curriculum is not mandated),
testing, special
education, and special initiatives (e.g. the School-to-Work
programme).
99. Within civil society, most children follow the religious
practice of their parents with parental reaction to a child’s expression
of a contrary point of view dependent upon the parent’s own strength of
conviction. Most contemporary Palauans, however, do
not have dogmatic religious
convictions and movement between the various Christian denominations is not
uncommon.
F. Freedom of association and peaceful
assembly
100. Freedom of association and peaceful assembly are rights guaranteed under
the Constitution (art. 4.3) and the law (PNC Title 4) without age distinction.
In the interests of promoting the well-being of children and of public
order and
safety, some states do have curfews which may apply only to minors. Koror, for
example, has a curfew for children between
the hours of 9 p.m. and 6 a.m., while
the curfew for adults extends from 12 a.m. to 5 a.m. (State Ordinance
No. 1-55). Enforcement
of this and other curfew laws is
variable.
101. Palau has a number of voluntary associations open to
membership by children and youth. One or more traditional youth groups
exist in
every state and/or hamlet with the vast majority of young persons belonging,
especially in rural areas. In pre-contact
Palau, these groups played important
roles in education and social control. These roles continue in contemporary
Palau albeit in
modified form. There are other non-traditional organizations
for children and youth (e.g. sporting associations, boy and girl scouts,
and
church youth groups). These groups coordinate their work through either the
National Youth Congress and/or the National Sports
Association with both
networks assisted by the Ministry of Community and Cultural Affairs.
G. Protection of privacy
102. The Constitution (art. 4.4) grants to every person the “right to
be secure in his person, house, papers, and effects against entry, search and
seizure”. Privacy is further protected by requirements for adherence to
due process of law under the Constitution and the law (PNC Titles 4
and 17).
103. Within civil society, most material goods are owned in
common by a residential unit and are shared amongst the members of the
group
under the control of the senior elder within the unit. Each individual, though,
is generally recognized as entitled to certain
“zones of privacy”
(for example, his or her betelnut bag) for safeguarding valued personal
belongings; most Palauans
respect the rights of children to their own
“zones of privacy” in accordance with their evolving
capacities.
H. Access to appropriate information
104. General situation. The Palau Constitution and law protect the
freedom of the press (Constitution, art. 4 and PNC Title 4). For a small,
geographically isolated community,
Palau is well served by the
media.
105. Palau has a biweekly newspaper, Tia Belau, which
features local news. Two foreign dailies are also circulated widely, the
Pacific Daily News (published in Guam) and the Marianas Variety
(published in the Northern Mariana Islands). Palau has three radio stations,
one government and two private, both of which feature
news, public information
and entertainment. Palau has one private cable television company which
broadcasts on a fee-for-service
basis across 17 channels to bring news (CNN),
sports, education (Discovery Channel), and entertainment (from the major United
States
channels as well as one channel each from Japan, Hong Kong and the
Philippines). One channel features popular United States educational
programmes
for children (e.g. Sesame Street, Barney, Puzzle Place, and similar fare) during
the morning hours and another channel
features children’s cartoons from
the early morning hours until 5 p.m. One channel is designated for local
broadcasting featuring
a combination of political (e.g. OEK debates),
entertainment (broadcast of public events happening locally), and public
information
drawing from the Pacific region.
106. Seventy-six per cent of
Palau’s households have a television and 83 per cent have a
radio (1995 census). Videos are also
widely available and a large number
of video rental shops serve virtually every community.
107. In 1997 a
survey undertaken at one Koror elementary school found that the average student
spent one and a half hours per day
watching TV or video, but 37 per cent
averaged more than two hours each day. This can be contrasted with the time
spent in other
after-school activities (table below). Over one third of
students indicated that their family had no rules governing television
viewing.
Time spent on selected after-school activities (% of
115 students in grades 4-8 at
one churchaffiliated elementary school) |
||||
Hours (per day)
|
TV
|
Homework
|
Reading
|
Chores
|
None
|
3%
|
1%
|
38%
|
10%
|
< 1 hr.
|
28%
|
53%
|
43%
|
48%
|
1-2 hrs.
|
32%
|
35%
|
15%
|
29%
|
> 2 hrs.
|
37%
|
11%
|
4%
|
13%
|
108. Books and literature. The Ministry of Education, in
association with the Palau Association of Libraries (an NGO), has developed a
network of school-based
community libraries throughout Palau which feature a
range of children’s literature. A librarian has been trained by the
Ministry
of Education and PCC to manage each of these libraries. Because Palau
is traditionally an oral society in which reading for pleasure
is not highly
valued, the Ministry of Education and various NGOs are actively promoting
reading through a summer reading programme
for
students.
109. Issues. Despite the ease of access enjoyed by
Palauans, including children, to media, there are a number of issues relating to
children
and the media of concern to CoPopChi.
110. Issue 1 - local
content. Tia Belau, one television channel and the two radio
stations all feature local content, but none of this local content is geared
specifically
toward the needs or interests of children. The remaining media all
feature foreign, predominantly United States content. While
some of the
programming is of high quality (e.g. the productions of the United States
Children’s Educational Workshop), much
of the cartoons and drama are of
dubious quality and do not reflect traditional Palauan values. In any event,
most media geared
toward children are in English, thus undermining formation and
retention of the Palauan language.
111. Children’s literature
likewise is geared towards foreign settings and circumstances and predominantly
uses English. Through
the efforts of the Ministry of Education, some Palauan
language children’s books have been produced but the number of titles
is
few, the texts are now 15-20 years old, and the layout unimaginative in
comparison to contemporary foreign texts. Because of
the high cost of
publication for small print runs, unfamiliarity of many Palauans with the
standardized system of spelling and grammar
recently promulgated, and the fact
that many Palauans actually prefer to read English instead of Palauan, there are
few Palauan language
texts being produced now for either children or
adults.
112. Issue 2 - Pacific content. With the exception of
occasional shows produced in the South Pacific and run on the local
television channel and two pages in the
Marianas Variety dedicated to
Pacific Island news, the American media and the American world-view dominate the
Palauan media. As a result, Palauans,
including children, have a limited
perspective of Palau’s place in the wider Pacific
region.
113. Issue 3 - protection of children from harmful
influences. There is no government censorship in Palau. While this is a
positive fact, there is evidence that many adults are not cognizant
of the
potentially powerful impact of the media (especially television and video) on
children. Hence, many families do not regulate
children’s access to the
media. Such regulation ideally would take the form of family rules regarding
viewing hours and content
while encouraging “family viewing” which
provides an opportunity for adults to discuss situations depicted in the context
of Palauan life and values.
114. While most videos do carry American
ratings, few Palauans understand these ratings and there are no legal
restrictions on anyone
renting “R”- or “X”-rated videos,
including young children. Sexually explicit adult magazines and “sex
toys” are sold openly in several of the larger stores in Koror and
displayed in such a way that they are visible to any customer,
including young
children.
115. Solutions. While problems are easy to identify,
they defy easy solutions. CoPopChi recognizes that the media, especially the
broadcast media,
have a profound influence on children and that unrestricted
viewing of foreign productions is one factor undermining Palauan culture,
language, and values. However, Palau is small, has few people trained in the
media, has a small business community from which to
generate advertising
revenues, and enjoys no economies of scale in local production. To devise
economically viable solutions to
Palau’s media-related issues, CoPopChi
recommends that a special task force on the “Media and Palauan
Tradition”
be created to devise specific strategies for harnessing the
power of the media to advance Palauan culture and to improve the quality
of
programming, with special attention to the needs of children. In the interim,
the Ministry of Education through the “Parent-School-Partnership
Initiative” hopes to enhance awareness among parents of the need for
parental discretion with respect to television viewing.
I. Freedom from torture and cruel, inhuman or degrading
treatment or punishment
116. The Constitution (art. IV.10) prohibits capital punishment, torture,
cruel, inhumane or degrading treatment or punishment and excessive fines. A
system for complaint and oversight exists to ensure that these constitutional
guarantees are respected in practice. Life imprisonment
is allowable only for
murder. In the past two years, three juveniles have been charged with murder.
In each case, plea bargaining
has resulted in prosecution on lesser charges
specifically to avoid the possibility of a life sentence.
V. FAMILY AND ALTERNATIVE CARE
A. Parental
guidance
117. The law. Palauan law clearly allocates responsibility for the
care and control of a child to his/her parents or to other persons having
custody of the child. The Constitution states that parents or
“individuals acting as parents” are legally responsible for the
support and conduct of minor children
(art. 4.13). The legal code states that
persons having custody of a child, irrespective of blood relationships, are
responsible
for meeting that child’s basic needs (PNC 21.6). Under
an alternate section, the code states, “A parent or guardian
having
custody of a child is charged with the control of such child and shall have the
power to exercise parental control and authority
over such a child.”
Should the court rule that a child is a “delinquent child” and
the parent or guardian has
contributed to that delinquency by failure “to
subject the child to reasonable parental control”, the parent (or
guardian)
may be subjected to a fine (PNC 34.61.3132).
118. The
Palauan family. Traditionally, the clans were the foundation of Palauan
society. Since only a man of some maturity was in a position to build
his own
house, most children spent their early years in the home of grandparents,
initially in the home of their maternal grandparents
(or uncle) during the
post-partum period and returning there with their mother for subsequent
deliveries. The home of their paternal
grandparents, however, was more likely
to serve as their “permanent” abode. Clan elders from both lineages
were then
central figures in the early lives of most children. Since the
biological parents were often busy with fishing (father) and farming
(mother),
the elders had a critical role in transmitting knowledge and skills and moulding
the attitudes and values of young children.
It was in this manner that
life-skills and the value system which together comprise the essence of the
Palauan culture were transmitted.
119. The maternal uncle (or
alternatively, the mother’s eldest brother) played a special role in
child-rearing for it was he
who would protect the child, his/her siblings, and
his/her mother in the event of marital breakdown. He assumed a major
responsibility
for teaching traditional lifeskills to his sister’s sons
and also an important role in discipline.
120. Today, the extended
family, the clans, and the lineages are still very important. But because the
style of residence has changed,
the daily influences of the extended family are
less pervasive than in the past. No longer do most children have multiple role
models
residing within their household. While the members of the extended
family may still intercede in times of crisis, they are less
likely to have
direct, daily influence on the thought and behaviour patterns of the
young.
121. The modern residential style can be described as
“modified nuclear”. Households are becoming smaller with less
intergenerational
representation. Nevertheless, there will typically be at
least one non-parent (and one non-domestic helper) adult in residence.
Parents
therefore have greater direct responsibility for child-rearing than in the past.
Frequently all parental figures in a household
are now employed. A decade ago,
a child whose parents were both working would be cared for by a grandmother or
aunt. In rural areas,
this is still the common practice. In Koror, though, it
is now common for families to employ a foreign domestic helper to provide
childcare and maintain the household.
122. The Palauan family is changing
at a rapid pace. Between 1990 and 1995, the proportion of female-headed
households increased
from 20 per cent to 24.5 per cent. And
despite the equality traditionally enjoyed by Palauan women, female-headed
households are
at an economic disadvantage with a median income of $6,587
against $10,394 for male-headed households (latest available data for
1989
drawn from the 1990 census). In 1990, 59 per cent of children resided
in households in which both parents were present; by
1995, this proportion
had declined to 50 per cent. In 1990, 55 per cent of women
with dependent children under the age of six were
employed in the formal labour
force; by 1995, this proportion had increased to
75 per cent.
123. In summary, some of the key changes which are
taking place within contemporary Palauan families are:
− Parents are being called upon to be Western-style parents in an increasingly nuclearized family; these are roles for which many contemporary parents do not themselves have a role model;
− Nuclearization increases the isolation of the family and has been implicated as a factor contributing to stress, alcohol abuse, and spouse and child abuse;
− The roles of men have changed more markedly than have the roles of women with men expected to take greater responsibility for the care and nurture of their own children with less assistance from the child’s maternal relatives; conversely, men are less involved in the rearing of their sisters’ children; some, albeit not all, will still intervene in times of crisis;
− Palauan women are increasingly busy with employment, subsistence, civic affairs and custom; the increasingly heavy burden of custom is cited as a factor contributing to diminished nurturing and supervision of children;
− Because of the time burden of work and custom, many families now employ foreign domestic helpers; many Palauans though believe this encourages parents to overdelegate child-rearing thus undermining the child’s cultural and linguistic development while making older children “lazy” by relieving them of home duties they formerly performed;
− Finally, contemporary reproduction and migration patterns mean that many children are raised by persons other than their biological parents; although the vast majority of these children are well-adjusted, contributing members of their society, this is recognized as one of the factors which places a child at risk of social and cultural alienation and delinquency.
124. Nurture and guidance. Palauans
believe that childhood is a very special time during which parents and the
extended family must love the child and raise
him/her to become a responsible
person. This guidance along the “right” path toward wisdom and
responsible adulthood
is traditionally recognized as one of the inalienable
rights of the child essential for protecting his/her “best
interests”.
125. Palauans believe that children have a right to be
taught and guided along the right way. A key objective of traditional
child-rearing
practices was to teach a child to be a meral ngelekel ulled
(or “a child of the back”, one who behaves appropriately
irrespective of the presence of parents or other family) for
such a child
brought honour to himself as well as to his family. Fundamental cultural values
transmitted to the child in the home
and community included:
− Respect (omengull);
− Responsibility for duties (ngerachel);
− Obedience, kindness, and perseverance (blekongesenges ma blekokeuii ma ducherreng);
− Visiting among relatives (odingel ra klauchad);
− Humility of action and speech (osisecheklel a klengarioulreng ma chomelekoi);
− Care, love and compassion (ulekerreu ma klechubechub);
− Concern for the blai (home or kinship group) and beluu (village) (chelbulel a blai ma beluu).
Of these
values, the most important was respect for other people, for the land, for the
sea, and in fact, for all living things.
126. Traditionally, although the
responsibility for guiding the child belonged first and foremost to parents and
close relatives,
the community as a whole also had responsibilities. Any adult
could intervene to teach or discipline a child confident that their
intervention
would be appreciated by the child’s parents. Today, changing family and
social structures have robbed the child
of many traditional sources of guidance
and teaching. Some of the changes within the immediate family and household
have been highlighted
in preceding paragraphs. Additionally, many families are
no longer teaching traditional values nor have they replaced traditional
values
with equivalent contemporary values. While a child’s immediate adult
relatives (aunts, uncles, grandparents) may still
teach and discipline when
they are present, community parenting is no longer widely practised in Koror
where most children live. Too many children learn their values, attitudes,
and
behaviour from television or “on the streets” from their peers. As
a result, even pre-school and elementary schoolteachers
complain that children
today are hard to discipline, disrespectful, and ill-prepared to learn. As
children age, the problem becomes
more serious, so that a significant number of
contemporary youth are ill-prepared to accept guidance and supervision. This
undermines
their school performance and, subsequently, their work performance as
well.
127. Assistance to parents and families. Despite social
change, grandparents, especially maternal grandparents, remain the first and
most important source of information
and support to parents.
128. Health
educators within the Bureau of Public Health provide generalized public
information about children’s physical, mental,
and socio-cultural health.
The maternal and child health nurses within the Bureau of Public Health are the
first and probably most
important providers of professional information for most
parents (although they reach mainly mothers or mothers-to-be, having little
contact with fathers). These nurses are also important
“gatekeepers” linking parents with special needs to other care
providers. Such providers include: (a) a nutrionist and an MCH social
worker within the Bureau; (b) the Behavioural Health Division
of the Ministry of
Health which assists with a wide range of psycho-social problems; (c) the
Victims of Crime Assistance Office (also
within the Ministry of Health) which
provides counselling and support services for victims of spouse or child abuse;
(d) the Family
Food Production and Nutrition programme of the Palau Community
Action Agency and the Land Grants Programme of the Community College,
both of
which provide information and practical assistance for meeting children’s
nutrition requirements; (e) the Special Education
Unit within the Ministry of
Education which provides educational and other support services for any child of
any age with a mental,
physical, or emotional disability; and (f) the Legal
Services Corporation which provides free legal advice to low-income families
on
any civil matter. Although Palau has no welfare system, children whose parents
have died and were enrolled while actively employed under Social Security
(which insures private sector employees) or the Civil Service Retirement
System
(which insures government employees) will receive monthly maintenance allowances
until age 18 (or 21 if full-time students).
129. From time to time, the
Ministry of Health has attempted to provide other types of psychosocial support
services, such as parenting
classes and special purpose support groups. These
initiatives, however, have not proven sustainable for it appears that Palauans
are still most comfortable in seeking assistance from relatives in traditional
settings. The challenge then is for the professionals
to assist traditional
“helpers” to in turn assist parents.
130. Recognizing that
older female relatives remain one of the most important sources of information
and support for young parents,
the Bureau of Public Health has taken the
campaign to promote breastfeeding to the mechas (elder women) by
conducting breastfeeding awareness
seminars and breastfeeding support
training for these women who are now grandmothers or aunts and in a powerful
position to influence
the attitudes and behaviours of their daughters,
daughters-in-law and nieces.
131. Teachers are also
“gatekeepers” trained to recognize social, physical and mental
problems affecting the child and
to refer parents to sources of information or
support. Through a new initiative called the School-to-Work programme, the
Ministry
of Education is attempting to forge a stronger partnership among
children, parents and the schools and to assist both school personnel
and
parent-teacher associations to play more active supporting roles for parents.
In addition to government services, the Palau
Red Cross Society is a newly
organized NGO which provides material assistance to families in crisis (for
example, victims of home
fires and similar disasters). Churches also provide
information and psycho-social support to families. For example, in the recent
Substance Abuse Survey, the Behavioural Health Division learned that Palauans
seeking help for substance abuse problems were most
likely to turn first to
church leaders. This finding underscores the importance of church networks in
providing social support to
families.
132. Traditional leaders,
especially women’s leaders, indirectly assist families. For example,
traditional women’s leaders
have recently taken initiatives to simplify
certain customary celebrations in the interest of reducing the financial and
time burden
imposed by custom. Policy makers may also offer similar assistance.
(For example, the Koror State Legislature has prohibited the
holding of certain
customary celebrations in Koror State during the months of August, December and
January. The purpose is to allow
families to prepare their children for the
school year in August and to enjoy Christmas and the New Year in
December-January free
of the responsibilities of custom.)
133. It is
widely recognized that the preservation of the Palauan culture depends on a
strong and healthy family. Many Palauans agree
that support for families is
inadequate and recognize that many forces within the community act to pull
children and parents apart
rather than bring them closer. Among these forces
are social observances, and to a lesser extent customary observances, which tend
to divide the family by involving only some members (e.g. women or men or
schoolchildren or youth) rather than the family as a unit.
A variety of social
progammes have been created, some in response to real locally identified needs,
others in response to American
needs presumed to exist similarly in Palau.
There are, for example, programmes which aim to benefit senior citizens, youth,
children,
women, the disabled, the criminally inclined, and the drug and alcohol
abuser among others. There are, however, virtually no progammes
targeting
families as a social unit, despite the acknowledged importance of strengthening
the family.
134. While CoPopChi has identified some strategies for
strengthening and supporting families, the Committee recognizes that much more
attention must be focused on this critical development area.
135. In the
above discussion, which focuses on social change and the Palauan family, issues
and problems have been highlighted. This
is one reality. There is, however, an
alternative reality, for Palauans as a whole are very satisfied with their lives
and, in particular,
are satisfied with the strong sense of community they enjoy.
In one 1996 survey, 66 per cent of Koror respondents and
82 per cent
of Babeldaob respondents expressed a high degree of
satisfaction with their lives while 52 per cent of Koror residents and
49 per
cent of Babeldaob residents indicated a desire to change
“almost nothing” about their lives. The same respondents also
expressed optimism that the quality of their lives would continue to improve
especially as a result of increased mobility occasioned
by the Compact Road and
the resultant positive impact on family, clan, and community relationships
(Palau Resources Institute, 1997).
In another survey by the Ministry of Health,
94 per cent of respondents indicated satisfaction with the sense of
community they
enjoy in Palau. Of particular significance, younger respondents
(high school level) rated Palau’s sense of community even
higher than did
Palauan adults (Community Quality Survey, 1996). These results clearly indicate
that despite social change and ensuing
social problems, Palauans enjoy a wealth
of social capital.
136. Services to assist children of working
parents. By 1995, 75 per cent of children under the age of six
resided in households in which all parental figures resident in the household
were employed in the formal economic sector (census, 1995). This represents a
20 per cent increase in only five years with a similar
rate of
increase projected for 1995-2000 (CoPopChi, 1997). To meet the growing need for
childcare, one in five households employs
a foreign domestic
helper.
137. Neither employers nor the private sector has yet responded
to changing household characteristics by making available alternative
childcare
services (e.g. crèches, in-house childcare, free-standing fee-for-service
childcare, after-school care programmes
or other similar services). Some
employers, however, have responded informally by allowing parents to
occasionally, or in some cases
regularly, bring their children with them into
the workplace.
138. The Bureau of Public Health plans to open
Palau’s first childcare facility in 1998. This facility will serve
staff and
clients and it is hoped will provide a model which can be adapted by
other employers and/or by the private sector. At the same time,
CoPopChi seeks
to encourage employers to experiment with “family friendly”
initiatives, such as those now common in many
parts of the United States (e.g.
flex time, breastfeeding breaks, family-leave policies and
telecommuting).
139. Assisting parents to know and respect the rights
of the child. CoPopChi members have spoken at a number of parent meetings
to promote general awareness about the Convention. The first seminars
in which
there was an extended two-way exchange about the Convention in the context of
the Palauan family and tradition took place
in late 1997 pursuant to
preparation of this report. This process of dialogue must be continued and
intensified.
B. Joint parental responsibilities
140. Legal responsibilities. By law, biological parents are equally
responsible for the care of their children (Constitution, art. 4.13). This was
recently
upheld by the court as not contradicting Palauan tradition whereby the
child is the primary responsibility of the maternal lineage.
As previously
noted, parental responsibilities can be assumed by other people, both kin and
non-kin, through formal or informal
customary adoption. The law recognizes the
customary fluidity of residential patterns by explicitly recognizing the
person(s) having
custody of the child as bearing the immediate responsibility
for meeting the needs of the child and for providing reasonable parental
control.
141. In cases where the court is asked to dissolve a marriage by
annulment or divorce, the law authorizes the court to “make
such orders
for custody of minor children [and] for their support” in accordance with
justice and the “best interests
of all concerned” (PNC Title
21.302). The law further requires that “any person legally married
either by law or in
accordance with established custom who causes such marriage
to terminate either on his own initiative or for any of the [grounds
for divorce
cited in the law] ... shall provide support for each child of that marriage
under 18 years of age including offspring
born of that union and children
adopted legally or adopted in accordance with established custom during the time
of the marriage”
(PNC Title 34.335). Court records show that
disputes over custody and/or child maintenance are relatively rare (six
custodial disputes
and one maintenance dispute filed with the court for
the 1996-1997 period). From this, it can be surmised that the customary
system
for handling custodial and maintenance issues continues to function to
the satisfaction of most Palauans.
142. Custom. Under Palauan
custom, the child has primary membership in his/her maternal clan which bears
the main responsibility for rearing
the child (except under certain types of
adoption in which these responsibilities are explicitly transferred to the
paternal clan).
However, there are specified times when the paternal clan is
responsible for providing payment to the maternal lineage for the care
of the
child. This payment is normally in the form of a lump sum rather than in the
form of periodic maintenance. Such payment
always occurs at the ngasech
(first baby ceremony) and at the eldecheduch (a gathering where
inheritance is agreed upon for children and/or spouse of a deceased).
C. Separation from parents
143. The Law. There are no provisions under the law for a child to be
forcibly removed by the Government from his/her parents or family although
a
person (including a parent) accused of child abuse or neglect will be ordered to
have no contact with that child until the case
is resolved. A person,
including a parent, convicted of child abuse or neglect can be sentenced to a
prison term of up to five years,
thereby forcibly removing the parent from the
child (PNC Title 21.601606).
144. Except in cases of abuse or
neglect, the law presumes that the extended family will provide for the child in
the event that the
parent(s) cannot or will not. In fact, the maternal uncle
and/or the clan elders do generally intervene. However, social workers
note
that they experience increasing difficulty in successfully integrating a child
in crisis into a household within his/her extended
family. In partial response
to difficulties encountered, VOCA has established a freestanding refuge for
victims of child abuse/neglect
and/or domestic violence. This refuge, however,
can provide only short-term accommodation; it is not a long-term answer to
meeting
the needs of children in crisis. Additionally, funding for the refuge
derives from United States federal grants which are being
phased out. As there
is little awareness among policy makers or the general public that there exist
Palauan children “in crisis”,
VOCA may experience difficulties in
sustaining the refuge after cessation of the federal grants now supporting
it.
145. As Palau becomes increasingly multi-ethnic, an additional issue
emerges that most nonPalauan children do not have the social
security provided
by the extended family and clan system. While no cases have yet come to the
attention of government authorities,
it is inevitable that the situation will
arise where non-Palauan children also need protective or custodial services and
will have
no extended family or clan network to fall back
upon.
146. Custom and civil society. When the situation arises
that a mother is unable or unwilling to care for her child, it is most common
for the child to be absorbed
into the household of another maternal relative.
In some cases, the decision about the child’s residence and the person to
assume “parent-like” responsibilities will be made formally by the
head of the clan or the clan leaders. In other cases,
the decision will be made
informally. In either case, the child, the custodial parents, or another
relative can intervene to change
the child’s residence if it appears that
the best interests of the child and/or family would be better served by an
alternative
arrangement. In most situations, these arrangements serve the best
interests of the child and are in accordance with the Palau tradition
in which
the extended family has been described as a “house of many rooms”
with movement between the rooms not considered
to be of great significance. It
is recognized, however, that there are cases in which the ease and informality
of movement may deny
the child the nurture, guidance and discipline that are
rightfully his/hers. Although definitive research is lacking there is anecdotal
evidence that it is children “adrift within their extended families”
who are at special risk of encountering social and
developmental
problems.
147. Maintaining parent-child contact. There is no
specific legal protection which ensures that the child separated from his or her
parent(s) will be allowed to maintain
contact. It would, however, be unusual
for a family to deny contact with a non-residential parent, especially if such
contact were
requested by an older child. In cases where there is enmity
between the maternal and paternal families, however, the custodial family
may
not overtly encourage or facilitate such contact.
D. Family reunification
148. The Palau Government imposes no restriction on the movement into or out
of Palau by citizens for any purpose, including family
reunification, except
for: (a) persons under investigation, indictment, or conviction of criminal
offences; or (b) children subject
to courtappointed custody arrangements when
such movement is considered to be contrary to the “best interests of the
child”.
In Palau the Criminal Code is not abused as a tool for political
manoeuvre. Under the Compact of Free Association, Palau citizens
have complete
freedom to enter, reside and leave the United States, its territories and
possessions for any purpose. The entrance
of Palau citizens into third
countries is subject to applicable immigration controls.
149. In the case
of non-citizen residents, the Palau Government imposes no restrictions on their
right to leave Palau and enter their
own (or a third) country for any purpose,
including family reunification. Entrance of non-citizens into Palau for family
reunification
is subject to immigration and labour laws. In general,
non-citizens holding valid passports and return tickets are allowed to enter
Palau for a period of 30 days to visit family without restriction. Residence
beyond 30 days is subjected to: (a) police clearance;
(b) medical clearance;
and (c) payment of a dependant’s fee of $500. Non-citizen dependants
are not allowed to work unless
they are in possession of a valid labour permit.
In practice, most foreign workers are recruited on a single status and their
employment
involves separation from their families and children. It is the
position of the Palau Government that this is a matter of personal
choice and
that Government has no obligation to liberalize immigration requirements in
order to facilitate cohabitation of non-Palauan
children with their
parents.
E. Illicit transfer and non-return
150. Enforcement of maintenance orders and combating illicit transfer of
children between Palau and United States jurisdictions was
formerly covered
under the United States Uniform Reciprocal Enforcement and Support Act.
However, this law lapsed upon independence
(a situation which has only recently
come to the attention of authorities). OEK action is now needed to voluntarily
extend the Act
to Palau; this action is being recommended by the office of the
Attorney-General.
151. Palau is not a signatory to any other
international agreements or treaties regarding mutual enforcement of child
maintenance
orders or recovery of children illicitly transported abroad. Palau,
however, is rapidly expanding its network of diplomatic relations
and in most
cases, normal intercountry arrangements would enable the Government to seek
remedy for the illicit transfer of a citizen
child. To date, such a situation
has not arisen.
152. Pursuant to article 27.4 of the Convention, it is
relevant to note that Palauan law specifically excludes action taken with
respect
to a parent’s biological minor children from being defined as
kidnapping under Palau’s criminal statute (PNC Title 17.18).
F. Recovery of child maintenance
153. Domestic arrangements. As previously noted, the law allows the
court to order child maintenance by a non-custodial parent although maintenance
is normally
handled within the customary system.
154. International
arrangements. Under the provisions of the Uniform Reciprocal Enforcement
and Support Act, Palau previously was able to enforce maintenance orders
by
United States courts when a responsible biological parent resided in Palau. As
noted, this Act has lapsed so that temporarily Palau is able only to seek
voluntary compliance by the resident parent.
G. Children deprived of a family environment
155. In the event that a mother is unable or unwilling to care for her child
(children), care would be arranged by the mother’s
family or clan through
either informal or formal adoption. Government intervention would occur only
rarely and would aim to facilitate
clan decisionmaking.
156. A few rare
cases have arisen in which a mother has abandoned her child after birth and the
maternal family has not come forward
to take the child. In these few cases, the
Ministry of Health in cooperation with the Ministry of Justice has been able to
make
alternative arrangements for legal adoption, most often with Americans
resident in Palau. Such cases, however, are exceedingly rare.
H. Adoption
157. Adoption, both formal and informal, is common in Palau. In most cases,
Palauan adoption practices do not adhere to the criteria
of the Convention for
State supervision. For this reason, considerable attention was given to
considering Palauan practices in the
context of the Convention’s article
21 during the consultative process preparatory to this
report.
158. Legal adoption. Palauan family law provides for
legal adoption by any person who is not the child’s biological parent
provided that: (a)
the court is satisfied the adoption promotes the best
interests of the child; (b) the natural parent(s) have given written consent
except when insane, incompetent, or having abandoned the child for six months or
longer; (c) the child proposed for adoption has
appeared before the court; and
(d) if the child is over the age of 12 years, he or she has consented
to the adoption (PNC Title 21.401-409).
159. During the process of
consultation, it was determined that existing safeguards are not entirely
adequate to protect the interest
of the child. It is noted that the court
employs no social welfare officer nor has in place procedures whereby the advice
of an
impartial professional may be sought with respect to the “best
interests of the child”. (Such advice could be made available
by
agreement with the Ministry of Health or VOCA for qualified professionals to
undertake background checks and home studies prior
to finalizing adoptions.)
There are also no special safeguards in place in the case of adoption by
noncitizens and/or nonresidents.
There were anecdotal reports of incidents
where the adoption process has been allegedly abused during domestic adoption
and despite
the absence of cases to date, the potential for abuse in the case of
international adoption is recognized.
160. Based on the comments
received, it appears that necessary safeguards can be instituted through
amendment to regulations pursuant
to existing laws. Although there is an
obvious preference for adoption to respect the child’s ethnic background,
especially
in the case of ethnic Palauan children, the working group which
considered the issue of adoption pursuant to the Convention did not
recommend
banning interethnic adoptions provided that the court gives due consideration to
the best interests of the child and the
child’s right to receive care,
guidance, and nurture insofar as possible within his/her extended
family.
161. The special difficulties encountered when a child of
nonPalauan ethnicity is adopted by ethnic Palauan parents have previously
been
discussed.
162. Customary adoption. Customary adoption is very
common in Palauan tradition. Commenters identified 14 different types of
adoption with types determined
by both the relationship between the child, the
biological parents, and the adopting parents and the reasons for the adoption
(see
below). While these adoptions are legally recognized when carried out in
accordance with recognized custom, there is no requirement
for court concurrence
or for registration. Customary adoptions generally come under the jurisdiction
of the court only if there
is an externally imposed reason for court involvement
such as a dispute about custody or inheritance or the need for an adoption
certificate to be issued to satisfy formalities imposed by foreign Governments
(e.g. for immigration purposes).
163. In Palauan customary adoption,
there are many different adoptive relationships each having implications for the
rights and power
granted to the adopted person. Rights and power relate
directly to living arrangements, land use, title acquisition, inheritance,
and
participation in family or clan decisionmaking. Key factors influencing the
rights and power accorded to an adopted person are:
(a) how the person came to
be adopted; (b) the blood relationship between the adopted person and the
adopted family; (c) gender
as an adopted female or an adopted person descended
from the maternal line will be accorded greater power than a male or a person
descended from the paternal line; and (d) the contribution of the adopted person
to his/her adoptive family. Of these, the most
important is the contribution of
the adopted person to the adoptive family as consistent contributions beyond the
norm can earn an
adopted person rights and privileges almost equal to those of a
natural child of the adoptive family. Participants in the Convention
consultative process identified 14 different terms which translate into English
as “adoption”. These terms, listed in
the order of the relative
power they confer on the adopted person, include:
− Omerodel is a general term referring to any child who was not conceived and born to a set of parents who call the child theirs;
− Ngalekulaol (literal translation, “child of the floor”) refers to a child of a female member of the family raised by his/her maternal uncle;
− Ildeuekl ‘l Ngalek (alternative terms with similar meaning, rirot chochil a ourrot or ulechell el mirrodel) refers to a child of a male member of the family/clan raised by the matriarch or other female family member;
− Mlodars a Keai refers to a child adopted by parents who have no relation to the natural parents (in the old days, the keai - the base of the leaf of the betelnut tree - was the container used to hold small babies: the term describes how the child was acquired for it implies that the adoptive parents held the keai towards the natural parents to beg them to have the child; such a child is generally considered very special);
− Cheltekllel a Chebechiil (alternative terms, Cheltekllel a Demal or Cheltekllel a Delal refers to a child brought into a marriage by either a wife or husband (most often by the wife);
− Ngka ‘l Ngalek a diak ‘l Ulechellel refers to a child not fathered by the husband which means a child brought in by the wife;
− Ulechell Bai refers to a child of a woman concubine; there are no more of these children in Palau today;
− Rreb ‘l Ngalek refers to a child conceived out of wedlock but later brought by the mother into a marriage;
− Ultechakl (literal translation, “to be stuck” on a beach, against a dock, or on a rock after floating ashore) refers to a child who wandered into the adoptive family; the blood relations between the adoptive and natural families would be either very distant or nonexistent;
− Rruaol refers to a person who became a member of a family by wandering into the compound (in the old days an adoption of this nature would occur when a person was foraging in the woods for food and lost his/her way before wandering into a compound and eventually becoming part of the family; today, the term is generally used to refer to Palauans of pure Japanese, Okinawan or Korean ancestry who were left behind after the Second World War and taken in by a Palauan family).
164. Custom adoption therefore
raises two important questions in the context of the Convention. First, is
custom adoption technically
“adoption” as the word is used in
Western jurisprudence? Second, do customary adoptions generally serve the best
interests
of the child concerned?
165. Issue 1. As understood by
commentators, the English term “adoption” refers to a legal process
whereby the legal, social and inheritance
ties between a child and his/her birth
parents are completely severed. The various Palauan terms translated into
English by the
single word “adoption” do not adhere to the English
concept of adoption because: (a) while the Palauan child “belongs”
to his birth parents, he/she simultaneously “belongs” to a much
larger circle of family and clan relations; (b) adoption
generally takes place
within the wider family and clan, thus altering and expanding the roles and
responsibilities of the different
family members towards the child; but (c)
Palauan adoption does not sever the relationship between the child and his/her
biological
parents; rather it forges a new triangular relationship involving
mutual obligations which link the child, his/her biological parents,
and the
adoptive parents.
166. Issue 2. In order to determine if
customary adoption in general, or a specific act of adoption in particular,
serves the best interests
of the child, it is necessary to examine relevant
Palauan values and the common reasons for adoption. Relevant values
include:
− High priority given to a child having two parents;
− High priority given to a child having a complete identity including a connection to a blai family), telungalek (extended family), kebliil (clan), and klebliil (federation of related clans);
− Assurance that a child’s relationship to his/her biological parents (especially to the mother) can never be severed;
− Concern that the wellbeing of the larger kin group takes precedence over the wellbeing of any single individual.
167. Within the
context of these values, adoption takes place for four primary purposes:
− To provide for the child’s proper upbringing and especially to ensure that the child has two parents;
− To help the child and/or his/her mother (especially if the mother is unmarried or otherwise experiences difficulty in rearing the child);
− To strengthen kinship ties;
− To assist the adoptive parents as when they are unable to bear children or are elderly and in need of assistance.
168. In
contemporary Palau the most common reasons for adoption are to ensure the proper
upbringing of the child by two parents and
to assist the mother (and through the
mother the child) when she is unable to provide for her child especially in the
case of young,
unmarried mothers. While adoptions for the purpose of
strengthening kinship ties or to help family members in need of assistance
still
occur, these are generally secondary considerations in determining the most
appropriate placement for a child in need of adoption
for purposes of ensuring
his/her wellbeing.
169. Recommendations. Adoption is a common and
important part of the Palauan culture. As such, it is a sensitive issue. It is
an essential feature
of the safety net the culture extends to every child but at
the same time, it can be inappropriately used and lead to psychological
and
emotional trauma for the very children the practice aims to protect. Moreover,
alterations to customary adoption practices would
reverberate throughout the
culture and ultimately require substantial investment in social services -
investment which Palau cannot
afford at this juncture. Additionally, it is
noted that formalized social welfare services have often failed to effectively
promote
the “best interests of the child” in many other countries.
Having examined the issue, CoPopChi recommends that a Palauan
researcher(s) be
assisted to objectively examine the issues surrounding customary adoption with
special attention to describing the
lifelong impact of adoption on currently
living persons adopted as children. The aim of such a study would be to develop
a solid
information base to support subsequent recommendations and
policies.
170. Until research can move discussion beyond anecdotal
accounts to a more objective base drawing from a statistically valid sample
of
informants, CoPopChi does not believe that the interests of Palauan children
would be well served by altering existing policies
supportive of customary
adoption. Rather, CoPopChi believes that the mediumterm focus should be one of
education and advocacy which:
(a) emphasizes the right of the child to be
adopted only if this promotes his/her best interests; (b) emphasizes the right
of every
child to a secure and stable family life thus discouraging informal
arrangements whereby the child may drift between two or more
residential
households; (c) emphasizes that a child “able to form opinions” has
a right to be given a voice in clan and
family decisionmaking with respect to
residency and customary adoption; (d) reinforces the customary responsibility of
the maternal
uncle for ensuring the wellbeing of his nieces and nephews; and (e)
discourages early sexual relationships and outofwedlock parenthood
especially
among teenagers illequipped to rear their children, thereby reducing the need
for customary adoption.
I. Periodic review of placement
171. Palau has no institutions for children (e.g. orphanages, detention
centres, or care facilities). Forcible placement of a child
outside of the
family can occur only with respect to: (a) child offenders; or (b) the
mentally ill child who presents a danger to
self or others.
172. The
Attorney-General notes that child offenders are imprisoned only as a “last
resort” and then for brief periods
in the hope that the experience
facilities rehabilitation. Child offenders in custody are subject to court
review and supervision.
173. In the case of the mentally ill, forcible
commitment to the mental ward at the national hospital is allowed pursuant to
PNC 34.501-570.
This legislation includes a number of safeguards to ensure due
process, medical review, court review, and protection of basic rights
(including
right to an attorney, freedom of communications, freedom to receive visitors,
and protection against electroshock treatment).
These safeguards cover both
children and adults. In actual practice, forcible commitment under the mental
health statutes occurs
only rarely (one case only in 1996-1997) and has never
been invoked for a child. Inpatient treatment of children is likewise rare,
of
relatively short duration for purposes of crisis management, and used only as a
measure of last resort where behavioural health
professionals in consultation
with the child’s family determine that impatient care serves the
“best interests of the
child.”
J. Abuse and neglect
174. The law. Child abuse and neglect are covered under the Child
Abuse Statute (PNC Title 21.601.606). This statute: (a) defines child
abuse
(see below); (b) institutes a system of mandatory reporting of suspected
abuse by designated health and education personnel to the
Director of Public
Safety; (c) requires police investigation of allegations within 48 hours of
complaint with the results of the
investigation to be communicated to the
Attorney-General; (d) suspends normal privileges of communication between
spouses and doctors/patients
who testify regarding alleged abuse; and (e)
provides for criminal penalties ranging from fines of $500 to $5,000 and/or
incarceration
for periods of up to five years upon conviction.
175. Under
the statute (PNC 34.601), abuse and neglect are defined as follows:
- Abuse is any wilful or negligent act or punishment which results in harm or threat of harm to the physical or mental health of a child and which leads to consequences including but not limited to death, fractures, burns, bruises, severe psychological or emotional trauma, or illnesses not explainable on the basis of a natural disorder;
- Neglect is wilful or negligent acts which result in failure by the custodial adult to provide a child with adequate nutrition, medical care, clothing, shelter, proper supervision, or other basic needs which results in the child’s physical or mental health being threatened or harmed;
- Sexual abuse means any wilful or negligent sexually-related activity for the purpose of sexual gratification, pleasure or profit by any person with a child under the age of 16 who is not the spouse of the perpetrator.
176. Although sexual abuse is covered under the
child abuse statutes, other statutes may also apply with some carrying higher
penalties:
(a) rape (of a female who is not the wife of the perpetrator)
carries a maximum sentence of 25 years (Title 17.2802); (b) sodomy
against
either males or females carries a maximum sentence of 10 years (Title 17.2803);
(c) carnal knowledge of a female under 15
years of age carries a maximum penalty
of 10 years (Title 17.2804); and (d) indecent assault or improper liberties
with a child (of
either sex) under the age of 14 years carries a prison sentence
of 5 years (Title 17.2806).
177. Research into child abuse and
domestic violence. Three recent studies have focused on child abuse. In
1991, a household survey found evidence of an emerging problem of both sexual
and physical abuse, but sampling methodologies did not support a numeric
estimate of prevalence (MOH, PCAA). A second 1992 study
used key community
informants to identify those situations in which Palauan children were at risk
of abuse. This study found that
adopted children and stepchildren were at
greatest risk. While the vast majority of adopted and stepchildren are well
integrated
into their families, these children are apparently at some risk if
their adoptive family comes under stress as a result of death,
divorce, or
poverty (Micronesian Seminar). A third 1996 study aimed to derive a community
definition of abuse/neglect. The study
found most Palauans comfortable with
physical discipline but not when it results in injury or serves as an outlet for
the anger of
the parent (or other caregiver). Palauans define severely abusive
behaviour to be “abuse” in similar proportion to other
cultures and
also recommend outside intervention in a similar proportion of serious cases.
There is less consensus on mild to moderate
forms of abuse, particularly
emotional abuse, and reluctance to recommend outside intervention in such cases
(A. Futterman, 1997).
178. Only one study has focused on domestic
violence. This study concluded that domestic violence was rare (and possibly
non-existent)
prior to the Japanese era. The traditional family system was such
that a man (and his clan) would have been subject to derision
and heavy monetary
liability in the event of abuse. Domestic violence has arisen and become more
commonplace in direct proportion
to the changing family structure and increasing
prevalence of alcohol abuse. Today, violence is most common among young,
educated,
elite couples. For both traditional and modern reasons, female
victims of abuse are subjected to considerable social pressure to
maintain the
marriage despite the abuse. It appears that for many women, “any husband
is better than no husband” (K.
Nero, 1990).
179. Recognizing that
most Palauan adults are comfortable with physical discipline, VOCA has focused
its initial efforts at public
education to combat child abuse by urging parents
to:
- Learn and try non-physical methods of discipline;
- If using physical discipline, never hit a child with anything other than the hand;
- Never strike a child so hard as to leave marks on his/her body;
- Never hit a child on the face or head;
- Never discipline a child when drinking.
180. In
Palau, both the law and civil society, place high priority on discipline and
control of children as both the right and responsibility
of parents. In
general, adult understanding of the child’s normal development processes
is limited as is knowledge of alternative,
non-physical means of discipline.
Research documents that physical discipline is generally accepted within the
community provided
it does not result in physical injury or serves as an outlet
for parental anger. The same research documents that the concept of
emotional
or psychological abuse is poorly understood.
181. The law is biased
towards abuse which results in visible harm; thus the outcome of abusive
behaviour rather than the act of abuse
becomes the litmus test for successful
prosecution. Prosecution and conviction are further complicated by reluctance
of the child
and non-abusing adults (often the non-abusive parent) to testify.
Efforts to shield the child from the trauma of testimony may deprive
the accused
of his/her rights to due process. None of these difficulties can be considered
unique in Palau but represent inherent
difficulties in addressing a highly
sensitive and controversial issue.
182. Specific to Palau, prosecution
and conviction may be hindered by the absence of professionals with expert
qualifications acceptable
to the court to testify regarding the nature, extent
and seriousness of the harm inflicted. This problem arises because the Ministry
of Health employs psychiatrists and psychologists on a contract basis, generally
of two years’ duration and often with significant
gaps between service
periods (no Palauan having yet completed full training in either field leading
to professional certification).
Conviction often depends on the expert
testimony of a psychiatrist or psychologist. By the time a case is heard by the
court, the
examining professional often has left Palau and there is seldom
funding to bring that professional back for testimony. Although
lesser
qualified professionals (general medical practitioners, social workers, and
psychiatric nurses) may have first-hand knowledge
of the case, the court may be
reluctant to accept their testimony as experts.
183. Protection of the
child in Palau is hindered by the absence of statutory provisions authorizing a
designated official to intervene
on behalf of the child and to ensure that the
child is removed from the allegedly abusive situation pending the outcome of
investigation.
There is likewise no mandatory counselling or rehabilitative
services for either the perpetrator of abuse or the child affected.
While both
VOCA and the Behavioural Health Division provide services to victims, the
decision to seek services is at the discretion
of the custodial parent or the
child (if old enough to know about and seek services independently of
adults).
184. Palau has some advantages over other island nations by
virtue of long association with the United States and beneficiary to United
States grants for prevention and treatment of child abuse. The concept of abuse
is then not unknown. A network of community-based
social support personnel have
received some training for identification, intervention and counselling related
to abuse (although
this network is not being actively maintained through
continuing education) and professionals dealing with children have likewise
received some training.
185. Services. Abused children, concerned
adults and the general public can seek assistance and support from either the
Behavioural Health Division
of the Ministry of Health or the VOCA office. The
Behavioural Health Division employs a variety of professionals which provide a
full range of psychiatric, psychological and social work support for persons
affected by social or behavioural problems. VOCA, which
is administratively
under the Behavioural Health Division, provides social work interventions to
victims (or alleged victims) of
crime involving injury or trauma. A major part
of VOCA’s workload involves child abuse and/or domestic violence.
Although
there is no legal requirement for VOCA to be contacted when cases of
suspected or alleged abuse come to the attention of authorities,
the VOCA staff
have demonstrated their human capacity to work effectively with abuse victims
and, as a consequence, are most often
contacted when a case (or suspected case)
is identified. VOCA staff, however, do not have statutory authority but rely
instead on
their powers of persuasion to bring about a satisfactory resolution
in the best interests of the victim.
186. The following table shows the
number of child abuse/neglect cases handled in recent years. In addition, VOCA
provided assistance
in nearly 100 cases of domestic violence in 1997. These
numbers represent only cases in which services have been rendered. Not
included
are cases brought to the attention of VOCA in which the affected party did not
desire services or which were handled by
the police without referral to VOCA.
Over the same 1994-1996 period, Public Safety has received 40 reports of alleged
child abuse
and neglect and 149 reports of domestic violence.
Cases in which VOCA has intervened |
|||
Type of case
|
1994
|
1995
|
1996
|
Child physical abuse
|
26
|
5
|
12
|
Child sexual abuse
|
21
|
11
|
19
|
Child neglect
|
17
|
3
|
2
|
187. Ancillary concerns. It is important to note that child abuse
is closely associated with alcohol abuse; nearly 80 per cent of cases handled by
VOCA
are associated with alcohol abuse. While child abuse is the paramount
concern pursuant to the Convention, consideration must also
be given to domestic
violence in general as it is well documented that children who live with
violence, learn violence. The number
of domestic violence cases reported to
VOCA is significant and undoubtedly represents only a fraction of actual cases.
In a recent
survey, 48 per cent of respondents ranked domestic
violence as a serious problem in their neighbourhood while an additional 33 per
cent ranked it as a moderate problem. Surprisingly, though, domestic violence
has never appeared on any list of “women’s”
priority issues;
is not publicly discussed as a social or policy issue; and has been the subject
of only one research study. Nevertheless,
there is strong evidence that a
significant number of Palau’s families live with violence. Both
preventive and treatment strategies
are clearly
warranted.
188. Recommendations. A combination of strategies are
required to combat child abuse and domestic violence. Among these strategies
are: (a) strengthening
the child abuse law to provide VOCA with statutory
authority to intervene in cases of alleged and/or proven abuse on behalf of the
child with protection of the child being the paramount consideration; (b)
raising the awareness of the general public regarding actions
which constitute
abuse and the long-term impact of abuse on children; (c) raising awareness among
parents about alternative non-physical
means of discipline; (d) raising
awareness of the entire community about the frequency with which abuse takes
place and strategies
for protecting children; (e) raising awareness among
children about the circumstances when it is appropriate for a child to say
“no”
to an adult; and
finally, (f) because child abuse can never
be conquered within an environment of intra-family violence, lifting the aura of
silence
surrounding domestic violence so that the issue can be openly discussed
by both men and women.
189. School discipline. Article 28 of
the Convention calls for discipline in the schools to be consistent with the
child’s rights and dignity. Although
stopping short of forbidding
physical discipline, the “spirit” of the Convention clearly favours
non-physical methods
of discipline. When asked to clarify Government’s
policy on school discipline, a senior official of the Ministry of Education
reports that there is no current written policy on school discipline. However,
the written policy from the Trust Territory Administration
forbids physical
discipline and this is still adhered to by the schools and the Ministry.
Schools rely primarily on counselling
to achieve desired behaviours. One of the
strategies being implemented as a part of the Palau 2000 Master Plan for
Education is
strengthening the network of guidance counselling at both
elementary and secondary school levels.
VI. BASIC HEALTH AND WELFARE
A. Health and health
services
190. An overview of the health status of Palau’s children, description
of services available and issues relating to access to
care are discussed in
section III of this report.
191. The present priorities of the Ministry
of Health of special relevance to children are:
- To augment existing medical staff by employing a fully qualified paediatrician (achieved March 1998);
- To ensure continuity of medical care at reasonable cost by facilitating post-graduate training in the basic medical specialities for young Palauan general practitioners (one physician has already undergone post-graduate training in obstetrics at the Fiji School of Medicine);
- To develop a school of nursing at Palau Community College which will ensure a continuous supply of professional nurses to meet emerging health challenges in the twenty-first century;
- To strengthen rural health services by developing four “super-dispensaries” to be staffed by a physician and nurse(s) for the provision of primary and some secondary care services (note that three of the four envisaged dispensaries are now open and operational in Ngarchelong, Melekeok and Peleliu);
- To improve school health services through better coordination of health initiatives between the Ministries of Health and Education;
- To combat alcohol, tobacco, and illicit drug use;
- To reduce infant mortality by reducing teenage pregnancies, encouraging early prenatal care, enhancing the health behaviours of expectant mothers and promoting breastfeeding.
192. Water. At
the national level, Palau has an adequate quantity of fresh water to support
virtually every development scenario although at
the local level, there are
areas of marginal supply (e.g. Koror has limited water reserves and must draw
water from Airai and the
island of Peleliu has a limited fresh water lens).
Ninety-eight per cent of households have public water piped into their homes;
another 0.5 per cent draw water from an exterior standpipe while the remaining
households use individual rain-water catchments (1995
census). There is need,
however, to improve the quality of most water. Leaks in the Koro-Airai water
distribution system endanger
public health especially following heavy rains or
the disruption of service. Virtually all of the public systems in rural areas
do not meet minimum national standards for water quality. In general, though,
the public is aware of and accustomed to the situation
so that households
routinely treat their water prior to consumption.
193. Sanitation.
The level of sanitation in Palau is generally high: 44 per cent of households
are served by the Koror public sewer system; 63 per
cent of households use
on-site septic systems with the balance of households using pit latrines (1995
census). A number of improvements
are needed to upgrade sanitation at household
and community levels in accordance with evolving community expectations and
increasing
population. These are set forth in a national waste-water
plan.
194. Nutritional status. The nutritional status of
Palau’s pre-school population is good. In 1997, among children aged
0-5 years screened at the
Bureau of Public Health: 1.4 per cent were
underweight; 0.6 per cent were overweight; and 1.2 per cent suffered from
anaemia. Also
in 1997, a survey of pre-school and primary school children by an
international vitamin A expert uncovered no cases of clinical vitamin
A
deficiency although it was noted that many children consume vitamin-deficient
diets so that sub-clinical vitamin A deficiency might
exist. As children grow
older, their nutritional status remains good although overweight becomes more of
a problem. A comprehensive
health survey of school children (1996) will provide
more information when analysis is completed.
195. Food and
nutrition. Widespread and chronic hunger does not existing in Palau. The
occasional cases of clinical malnutrition (underweight for age or
height) which
come to the attention of health providers are invariably associated with social
problems (i.e. represent manifestations
of neglect rather than an absolute lack
of food). Despite this favourable situation, there are a number of nutritional
issues of
public health concern.
196. Issue 1. Breastfeeding.
Western influences, employment of women and customary adoption have combined to
undermine breastfeeding. To reverse this trend,
the Ministry of Health had
adopted a Baby Friendly Hospital Policy and followed with an intensive programme
to retrain health professionals
in breastfeeding techniques and counselling, to
provide community education, and to train selected community leaders as
breastfeeding
advocates/counsellors. Additionally, a local version of the
International Code on the Marketing of Breast-milk Substitutes has been
introduced into the OEK for passage. As the result of these efforts,
breastfeeding rates are increasing although still below optimal.
Breastfeeding rates (Ministry of Health data: rates as of 26 June 1996)
|
|||
Infant age (months)
|
Exclusively breastfed
|
Partially breastfed
|
Not breastfed
|
0-3
|
59%
|
24%
|
12%
|
4-6
|
36%
|
27%
|
29%
|
7-9
|
26%
|
9%
|
47%
|
10-12
|
17%
|
9%
|
50%
|
0-12
|
30%
|
16%
|
38%
|
197. Issue 2. Food choices. The contemporary Palauan diet is
rich in proteins, rice and imported processed foods high in calories, sugar, and
salt. It is
deficient in fresh island fruits, vegetables and root crops.
Studies by Public Health have found that many households essentially
prepare two
meals - one consisting of fish and root crops for older adults and one
consisting of rice and meat for children. This
practice robs children of
valuable sources of vitamins and minerals and establishes early in life a
preference for low-quality imported
foods. Students who attend public schools
(pre-school through grade 12) are also provided with a free lunch; this meal
likewise
features rice and imported foods. While a number of agencies and
ministries represented on the National Nutrition Committee promote
local foods
and local food production, these efforts have thus far met with only marginal
success in counteracting the inflow of
imports.
198. Issue 3.
Overweight. Given the dietary patterns, it is not surprising that
overweight and obesity are beginning to pose significant health risks for
a
large number of Palauans with overweight first being manifested among primary
school children and becoming more prevalent at older
age. Health officials
estimate that 50 per cent of adults are overweight.
199. Issue 4.
National food security. The 1991 Household Income and Expenditure Survey
(HIES) found that 80 per cent of the average household’s diet (by value)
was comprised of imported foods with only 20 per cent of foods (by value)
locally produced. In the event that international trade
were to be
significantly disrupted for any reason, Palau would face serious difficulties in
feeding its people. However, since the
1991 survey new farm areas have been
developed in Airai and Aimelik and there has been intensified promotion of and
support for home-based
subsistence food production. Data from a 1997 HIES study
will soon be available to indicate if the overall situation with respect
to food
security has improved as a result of those efforts.
200. Traditional
practices prejudicial to health. Palau has no traditional health practices
prejudicial to children’s health.
201. International
cooperation. Palau is a member of the United Nations and of the World
Health Organization and participates actively in child-focused initiatives
sponsored by WHO, UNICEF, UNFPA and UNDP.
B. Social security and childcare services
202. Social security. Palau does not have a welfare system as the
extended family or clan is responsible for providing financial and material
assistance
for indigent family members. Palau does have a social security and a
public service retirement system which pays monthly stipends
to retired or
disabled workers who have contributed to the system during their working life.
Dependent children (under age 18 or
under age 21 if full-time students) of
deceased workers who contributed to the fund during their working lives are also
eligible
for maintenance stipends.
203. Childcare. The shortage
of childcare facilities and services for children of working parents was
discussed in section V.
C. Standard of living
204. Palau does not have national poverty guidelines although UNDP is funding
a project in 1998 to develop such guidelines. Analysis
of household income
and expenditure data and census data indicate that few, if any Palauans live in
absolute poverty (i.e. with cash
or in-kind incomes too low to meet essential
requirements for food, clothing and shelter). Analysis, however, suggests that
some
25 per cent of households might be described as living in relative poverty
(i.e. unable to afford a standard of living in accordance
with prevailing
community expectations). Households located in rural areas and headed by youth,
senior citizens and women are at
special economic disadvantage. Until the UNDP
povery study is completed it is not possible to go beyond these general
statements
to focus specifically on the impact of differential incomes on
children.
205. Initiatives are under way which will stimulate economic
investment in rural areas, thereby improving the material standard of
living for
rural residents (e.g. rural electrification, rural phones, and the
trans-Babeldaob road). In addition, the Government
has recently launched a
national IESL (Informal Employment and Sustainable Livelihood) Programme which
aims to increase productivity
and levels of remuneration from informal economic
activities (agriculture, fishing, handicrafts and eco-tourism). The combined
impact
of these and other related developments will be a more equitable
distribution of income across all geographic and social
groupings.
206. Cost of living in Koror. In a recent analysis,
the Bureau of Pubic Health has estimated that an average Palauan family of five
persons residing in Koror
requires an annual cash income of $9,400 in order to
meet basic needs. The cost of food alone is estimated at $6,407 or
68 per cent
of the total. This estimate assumes that housing will be
provided through residence within the extended family or in a home paid
for
through the ocheraol custom. If the economic value of housing is
calculated on the basis of prevailing commercial rents, the cost of living
increases
by 50 per cent to 80 per cent.
D. Disabled children
207. In past generations, the physical needs of disabled children were met,
but there was little attempt to integrate such children
into family and
community life or to develop their talents to maximize self-reliance. Palauans
are particularly proud of the tremendous
strides made in the care and nurture of
disabled children over the last two to three decades. Families today are well
aware that
disabled children have rights equivalent to those enjoyed by all
other children and that disabled children can be assisted to achieve
a high
level of self-reliance and social integration.
To this end a range of
special services exists within the health and education systems. More recently,
an inter-agency task force
has been established to coordinate a unified
continuum of services for children with special needs and their
families.
208. Under the law, disabled persons (inclusive of children)
are given special consideration. The Constitution (art. 4.5) designates the
disabled to be a vulnerable group entitled to special consideration by the
Government. The Handicapped
Children’s Act (PNC 22.4) enacted in 1989
implements this constitutional provision. The Act recognizes that the national
Government
has an obligation to “provide education services to all
children to enable them to lead fulfilling and productive lives ...
[and] to
provide full educational opportunities and necessary support services to each
handicapped child in order to ensure that
the child acquires the skills and
knowledge necessary to lead a fulfilling and productive life as a citizen of the
Republic.”
The Act also: (a) designates “mainstreaming”
as the strategy of choice in delivering services to the disabled; (b)
establishes an Interagency Task Force on Children with Special Needs; and (c)
guarantees that as federal funds for special education
phase out, the OEK will
appropriate replacement funds from local revenues which are at least equivalent
to those of the previous
year’s allocation or will increase in the same
proportion as the budget for the entire Ministry of
Education.
209. Despite advances made to date, advocates for the disabled
identify two areas where continuing improvements are needed. The first
is with
respect to access for disabled persons. At the present time, Palau has no
access laws and very few public buildings are
designed to accommodate disabled
persons. It is proposed that a law be enacted which establishes access
standards for all future
construction or major renovation of public buildings as
a condition for issuance of a building permit. The second is with respect
to
the readiness of teachers and nondisabled students to understand, accept, and
cater to the special needs of disabled children
integrated into regular
classrooms. At the present time, advocates indicate that while
“mainstreaming” is the law, it
is not fully implemented because
teachers and students are often ill-prepared to accommodate the disabled. There
is likewise a need
to ensure that disabled children are fully integrated into
the School-to-Work initiative of the Ministry of Education.
Children with special needs (Registered by the Inter-Agency Task Force, 31 December
1997)
|
|
Type of disability
|
No. of children registered
|
Hearing; deafness
|
33
|
Developmental disabilities; mental retardation
|
27
|
Learning impaired
|
93
|
Physically/medically impaired
|
83
|
Serious emotional disturbance
|
6
|
Speech impaired
|
13
|
Visually impaired
|
20
|
Under-assessment
|
7
|
Total
|
282
|
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
A.
General education
210. Years of schooling. For many years, the Palau Government has
made available to all children free and compulsory education until the age of 14
or eighth
grade graduation, whichever occurred earlier (Constitution, art. 6.4).
Although Government continued to provide free education through
grade 12,
participation was voluntary. However, in view of the rapid pace of development
and the increasing integration of the Palauan
economy into the international
marketplace, it has become evident that a high school diploma is the minimum
educational qualification
for productive formal sector employment. It has
further become evident that a significant number of children have failed to
voluntarily
take advantage of the secondary schooling opportunities available
for them. As a consequence, the law was recently amended to require
compulsory
schooling from age 5 (kindergarten) extending through age 17 or high school
graduation. This law became effective in
the 1997/98 school year. It is
therefore too early yet to determine the full impact although the Ministry of
Education recognizes
that the existing student tracking system must be
redeveloped if vigorous enforcement is to take place.
211. Quality of
learning. Palau’s elementary curriculum is comprised of four core
subjects - language, maths, social studies, and science - and several
supplemental subjects - health, agriculture, community education and population
education. The secondary curriculum is organized
around the same core subjects
but students are also required to pursue at least one vocational course of study
- agriculture, business,
home economics, or trade
skills.
212. Achievement levels can be examined according to three
indicators: (i) student performance on standardized test scores; (ii)
post-secondary performance; and (iii) preparedness for work. Standardized
test scores reveal that Palauans generally perform below
United States national
averages. At the post-secondary level there is a general perception that
performance levels are inadequate
and drop-out rates high reflecting in part
poor educational preparation, especially in English.
213. Size of
schools. A major constraint to improved quality of education is the uneven
distribution of students among the schools. Enrolment in elementary
schools
ranges from 3 (Tobi) to 785 (Koror Elementary). Understandably, the
curriculum and teacher support that can be provided
at the very small schools
are limited while some of the larger schools in Koror must run double shifts to
handle their student population.
Construction of the Babeldaob road is expected
to allow consolidation of some of the smaller schools while encourging a
redistribution
of population out of Koror back to Babeldaob, thus partially
relieving pressure on Koror schools.
214. Language of instruction.
The Committee has specifically requested information about Government’s
policy on language of instruction. According to a
senior Ministry of Education
official, Palau has no written policy. The practice is for teachers who are
Palauan to use the Palauan
language while teachers who are not Palauan use
English. Both English and Palauan language classes are taught at all levels to
facilitate
the goal of bilingual competency in both oral and written languages.
With the exception of Palauan language texts, all written materials
are in
English and all written assignments are to be completed in English. In reality,
while Palauan predominates in the earlier
grades, it gradually gives way to
English by the middle years of elementary school. There is in fact considerable
concern that Palauan
is not receiving sufficient emphasis so that contemporary
students are not mastering their own tongue. At the same time, it is recognized
that inadequate English comprehension is a constraint for Palauan students who
wish to pursue tertiary education overseas. Minimum
competency requirements in
both Palauan and English are now being established as a prerequisite for high
school graduation.
Educational attainment of Palauan residents - a profile
215. Educational attainment of Palauans.
Prior to 1967, the educational attainment of the average (ethnic) Palauan was
low by contemporary standards, reflecting limited
access to schooling in the
pre-war and immediate post-war era. Since 1967 educational attainment has risen
rapidly so that by 1995,
66 per cent of adult Palauans (aged 25 and above)
held a high school diploma and 33 per cent had participated in
post-secondary training,
although only 9 per cent had actually
completed a four-year degree. The relatively low proportion of college
graduates despite high
enrolment is both a function of high drop-out rates and
out-migration by educated Palauans.
216. Attainment of immigrants.
Resident foreigners have higher levels of educational attainment than Palauans.
This is not surprising for despite a recent increase
in the number of foreigners
imported for unskilled labour positions, the majority of foreign workers
continue to be skilled technicians
or professionals.
217 . Attainment
of women. Although educational attainment has historically been biased in
favour of males, the male-female differential has gradually narrowed
and by 1990
had shifted in favour of females among the younger age
cohorts.
218. Literacy. Given the levels of schooling, it is not
surprising that Palau enjoys virtual universal literacy. Over 97 per cent
of resident
adults (15 years of age and over) are literate. Of the illiterates,
69 per cent are over the age of 60 (1990 census).
219. While 35
per cent of young Palauans continue their education after secondary school,
the remaining 65 per cent enter the world
of work equipped only with the
knowledge, attitudes and skills imparted by their families and their schools.
While there is no standardized
measure of “preparedness”, virtually
all private sector employers complain about low productivity and poor work
attitudes
on the part of their young Palauan workers. Dependability,
perseverance, and willingness to accept direction are commonly cited
as the most
serious attitudinal deficiencies.
220. Together, these problems suggest
that schools are not doing enough to adequately prepare students for adult life
in contemporary
society. In response, the Ministry of Education has embarked on
a bold new initiative to improve quality and relevance of education
and to
prepare students for the workplace of the next century. This initiative is set
forth in the “Palau 2000: Master Plan
for Education Improvement”
(see summary table below). The Plan was endorsed by the OEK in 1996 and
implementation initiated
in 1997. To monitor the impact of implementation, a
Criterion Reference Test has been developed and field tested for nationwide
implementation beginning in April 1998.
Palau 2000: Master Plan for Education: an Overview
B. Vocational training and guidance
221. As a part of the Education Master Plan, Palau has launched a
School-to-Work initiative. Through this effort, the Ministry of
Education aims
to develop a comprehensive system of vocational orientation, testing, and
counselling beginning as early as kindergarten
and actively involving parents
and the community at large. Through this effort, it is envisaged that students
will be: (a) better
able to make informed choices about career goals, course
selection, and postgraduate planning; (b) parents will be better able to
provide
sound guidance as students mature; (c) students will be better motivated
to stay in school and perform well; and (d) students
will have practical
exposure to the world of work while still in school when their work attitudes
and generalized skills can be molded
according to the requirements of real-world
employers.
222. Vocational courses will continue to be offered in the
secondary schools and at Palau Community College in accordance with student
and
employer demand and the limitations imposed by Palau’s small size and
economic constraints.
C. Aims of education
223. The aims of education in Palau are set forth in Palau’s
Education Act (PNC 22.1). This statute mirrors very closely the
text
of the Convention by emphasizing the development of knowledge and skills
(including knowledge of the Palauan culture, language,
and position of Palau
within the world community) which will assist citizens to participate fully in
selfgovernment, economic and
social development. This mission statement has
been subsequently enhanced by the expanded mission, goal and strategy statements
set forth in the “Palau 2000: Master Plan for Education
Improvement”.
D. The challenge of motivating Palauan students
224. Employment and earning prospects for persons without a high school
diploma (“drop outs”) are poor. The 1995 census
found that 55
per cent of drop-outs were either not participating in the labour force or
were unemployed compared to 22 per cent
of high school graduates. Among
employed persons, the average annual income for drop-outs is about one half
the national average
(1990 census). These poor prospects are well recognized in
the community. In a recent survey of parents of drop-outs, 86 per cent
believe their children will have a difficult future and 41 per cent believe
it will be difficult or impossible for their children
to support themselves
without a diploma.
225. Through 1997 (when compulsory secondary school
education was introduced), an estimated 15-20 per cent of students left
school
without receiving a diploma (Ministry of Education). This clearly
indicated a serious problem with large numbers of young Palauans
not obtaining
the requisite skills to fully participate in nation-building and was the impetus
for the recent amendment of Palau’s
Education Act to extend compulsory
education through high school or age 17.
226. With prospects for
employment and earning so poor without a high school diploma, why do young
people drop out? In a recent study,
the Ministry of Education found that both
dropouts and their parents value education and the overwhelming majority of
dropouts want
to return to school although most had not taken any specific
actions to do so. Reasons for leaving school varied with laziness most
frequently cited (19 per cent), followed by housing
(15 per cent), pregnancy (10 per cent) and a variety of social or
behavioural
problems. Over 80 per cent of drop-outs also had friends
who had dropped out, but it was not clear to what extent peer pressure
influenced the decision to leave school. Over 90 per cent of drop-outs
reported their parents to have been displeased with their
decision to leave
school, but very few parents took concrete steps to help their children identify
or overcome the problem(s) prompting
withdrawal. While parents overwhelmingly
wanted a better life for their children, half state that they felt helpless to
assist their
children.
227. Reasons for dropping out cited by teachers
included: lack of parental support (27 per cent), housing and
financial difficulties
(24 per cent), lack of
motivation (23 per cent), lack of discipline (15 per cent),
and absenteeism (12 per cent). Irrespective of
the immediate
cause for leaving school, 81 per cent of teachers felt that parents’
lack of concern was a contributing factor;
56 per cent felt that peer
pressure was another contributing factor.
228. This study suggests that
low socio-economic status does not constitute a significant risk factor for
Palauan students, but that
lack of motivation and career goals are risk factors.
A pattern of ineffectual parenting seems to emerge with a large number of
parents
wanting to help, but apparently unsure of how best to assist their
children. The transition from elementary to high school seems
to be the most
critical period for Palauan students, suggesting a need for special efforts to
ease this transition.
229. For the future, the drop-out rate will
undoubtedly decline in response to the new law. However, the problems of
motivation and
parental support identified will not disappear simply because the
law now requires students to be present in class for a requisite
number of
years. While quantity of schooling is important, the priority focus for the
immediate future must be quality of learning.
In response to this challenge,
the Ministry of Education has formulated the “Palau 2000: Master Plan for
Education Improvement”.
E. Leisure, recreation and cultural activities
230. Palauan culture recognizes that childhood is a special time when the
family prepares the child for future participation in adult
society. Palauans
traditionally recognize that the child has the right to play for play imitates
real life and is a form of preparation.
231. Beginning in 1997, in
preparation for hosting a major international sports competition in
August 1998, Palau has launched a major
investment in new sports facilities
valued at $4.5 million. These facilities are a major asset to residents of
all ages. Despite
this, however, several issues have been noted relating to
leisure and recreation: (a) the physical education programme offered in
the
schools is not adequate to impart skills and attitudes necessary to support a
commitment by students to life-long fitness; (b)
recreational facilities under
construction support competitive sports and as such are of primary benefit to
youth and adults;
there is need for a concurrent, albeit more modest investment, in playgrounds
and sports facilities of primary benefit to young children;
and (c) open spaces
and recreational facilities must become an integral component of every
state’s land use master plan.
VIII. SPECIAL PROTECTION MEASURES
A. Children in
situations of emergency
232. Refugees and armed conflict. Articles 22 (refugees) and
articles 3829 (armed conflict) of the Convention are not applicable to Palau.
Palau does not have nor
has it ever had refugees and its small size and relative
isolation from continental locations make it unlikely that Palau would ever
be
called upon to offer sanctuary to refugees. Palau is not involved in armed
conflict and has no armed forces. Were Palau’s
security to be threatened,
defence is the responsibility of the United States under the terms of the
Compact of Free Association.
Palauans are eligible for voluntary service in the
United States Armed Forces; the minimum requirement for enlistment is to be 18
years of age and be a high school graduate.
B. Children involved with the juvenile justice system
233. Basic rights. All of the basic legal rights set forth in the
Convention are enjoyed by all persons in Palau, including children
(Constitution,
art. 4 and PNC Title 1.4 and PNC Title 18.112).
These rights include:
− Protection against prosecution under ex post facto laws;
protection from prosecution except under written law of Palau or recognized
local customary law not in conflict with the written
law
(PNC Title 1.303); however, the penalty for any act which is a crime
only under customary law is limited to a fine of no more
that $100 and/or
imprisonment for a maximum of six months (PNC Title 17.108);
− Protection against unreasonable search and seizure in the absence of
a warrant based on probable cause;
− Protection from excessive bail;
− Protection against double jeopardy and self-incrimination;
− Right to a speedy trial;
− Right to be informed of the nature and cause of charges;
− Right to be confronted by witnesses against the accused;
− Right to have compulsory processes for obtaining favourable
witnesses;
− Right to legal counsel;
− Freedom from capital punishment.
234. Special protection.
Additional rights and special protections under Palau law include:
− Presumption of innocence if the accused is insane at the time of the
offence (PNC Title 17.105);
− Presumption of innocence for children under 10; partial presumption
of innocence for children aged 1014 years (PNC 17.106);
− Three-year Statute of Limitations except for first- and second-degree
murder (PNC Title 17.107).
235. The legal code directs the
courts to adopt flexible procedures for handling juvenile offenders based on the
practices used by
juvenile courts in the United States (PNC 34.6102).
Judgement against a child by the court is to take into consideration “the
best interests of the child” (PNC 34.6102). Under the Constitution,
the law, and Public Safety regulations, juveniles are required to be segregated
from the general prison population (Constitution,
art. 4.7 and
PNC Title 4). However, it is widely acknowledged that this
requirement is not adhered to owing to lack of special facilities
for juveniles
within the current prison.
236. Public Safety regulations emphasize that
“juvenile offenders are not intended to be [handled as] criminal in
nature, rather
they are intended to be civil in nature and their goal is to
guide and rehabilitate rather than to punish.” Accordingly, the
regulations require that juvenile detainees be accorded special protections
including:
− Immediate notification of a parent or guardian of detention;
− Detention in an area away from adult offenders;
− Immediate release into parental custody except when arrested on a serious felony charge;
− Presence of a parent during questioning;
− Withholding of names from the police blotter.
237. The Attorney-General further states that it is
the policy of that office not to seek custodial sentences for juveniles except
as a final recourse in the case of serious or repeat offenders. Should the
office seek a custodial sentence, every effort is made
to minimize the duration
of the sentence, keeping in mind the necessity for protecting the public’s
safety.
238. Police Practices Commission. A Police Practices
Commission exists as a safeguard against the abuse of police power. The
Commission consists of the Attorney-General
plus three uniformed police officers
and three civilians. The Commission investigates complaints about police
practices and recommends
disciplinary action to the Minister of Justice for
final action. In the event that an alleged offence involves criminal
malfeasance,
the matter is referred to the Office of the Special Prosecutor for
action.
239. Recommendations. Palau law and practice adhere to
the requirements set forth in the Convention with respect to juvenile offenders
with the single
exception that juveniles are not routinely segregated from the
adult prison population. This matter must be brought to the attention
of the
Minister of Justice. Given the small number of offenders and the fact that
custodial sentences are the least effective means
for rehabilitation as well as
the most expensive means, it would not be prudent to build a separate facility
for juveniles at this
time. It is recognized, though, that current methods for
dealing with some habitual offenders are not effective and that preventive
strategies must be strengthened to keep juveniles out of the justice system.
Accordingly, recommendations are being made:
− Intensified public education on child-rearing practices and
alternative methods of discipline;
− Revival and strengthening of the responsibility of the maternal uncle
(or brother) to provide guidance, direction, and crisis
management for nieces
and nephews;
− Revival of the tradition of “community
parenting”;
− Revival of traditional disciplinary measures through the Council of
Chiefs of each village; chiefs to handle minor infractions
and
“wayward” children at an early stage before offences become
sufficiently serious to require police and court involvement;
− Identification (or establishment) of an office of social services and
family support to work closely with young people, parents,
and the Ministries of
Education and Justice to intensify efforts to prevent delinquency.
C. Children subjected to exploitation
240. Child labour. Only two labour laws specifically refer to
children: (a) persons under the age of 16 are prohibited from employment on
foreign
trading vessels except if operated by a single family (PNC 7.16);
and (b) persons under the age of 21 are prohibited from employment
in premises
used for serving or consuming alcohol (PNC 11.1064).
241. By
regulation of the Ministry of Commerce and Trade, no person under the age
of 21 years is allowed to obtain a foreign labour
permit.
242. Despite the absence of specific legislation as mandated by
the Convention, child labour is not at present an issue in Palau.
There is no
evidence that any child is compelled to work under conditions which interfere
with health, education, or the right to
rest and leisure. In fact, it would be
highly advantageous to the development of contemporary Palauan children were
there to be
new opportunities created for their employment in both the formal
and informal economic sectors.
243. Given that child labour is not
currently a problem, the necessary amendments to the statute to provide for
minimum ages and conditions
of employment for children can be incorporated in
due course into a proposed Uniform Labour Law.
244. National Youth
Service Corps. In order to develop Palau’s human resources while
simultaneously reducing demand for foreign labour, a proposal has been
made to
create a compulsory National Youth Service Corps to commence immediately after
young people leave secondary school. Under
the proposal, completion of at least
one year of mandatory training/service would become a prerequisite for public
sector employment,
scholarships, and other benefits. CoPopChi agrees that this
is a potentially viable strategy for partially addressing a number of
high-priority child and human resource-related issues. Consequently, the
(draft) National Population Policy calls for a formal feasibility
study to
determine the costs and viability of this concept.
245. Drug
abuse. As previously indicated, drug, alcohol, and tobacco use and abuse
are common in Palau. The need to aggressively combat these practices
with
special emphasis on protection for children and youth is recognized throughout
the community.
246. Legal protection. Responding to a public
outcry about the inflow of drugs to the community, the OEK in 1997 enacted new
legislation which signals
“zero tolerance” for “hard”
drugs. Under the legislation, stiff prison sentences are imposed for
possession,
use and trafficking in “ice”, heroin, cocaine, morphine,
or LSD. A first offence of trafficking is subject to a 10-25
year prison term
and a fine of $10,000-$25,000. A second offence carries a mandatory 25-35 year
sentence. Adults convicted of selling
drugs to a minor will be subject to a
double penalty. Law enforcement officers convicted of trafficking will have
seven years added
to their prison term. Possession without intent to sell will
net a prison term of 25 years and a fine not to exceed $5,000. A second
offence will carry a 510 year term and a fine of $5,000$10,000. For first
offenders, sentences and fines can be reduced if the offender
agrees to
treatment and mandatory testing over a three-year period.
247. The
provisions of this law are widely publicized on large posters located in every
public site and store. It is hoped that aggressive
enforcement will cut off the
flow of drugs into Palau, thereby protecting children and youth from access to
and use of these substances.
The priority at the present time is eradication of
“ice”. Marijuana is also an illegal drug; its production and use
will continue to be combated but this is of a lower priority until the scourge
represented by “ice” is eradicated.
248. Persons under the
age of 19 are prohibited from purchase of tobacco and tobacco products
(PNC 11.1071). Persons under the age
of 21 are prohibited from purchase
and/or possession of alcoholic beverages (PNC 11.1085). Since 1996, the
Coalition for a Tobacco-Free
Palau has been vigorously assisting the Alcohol and
Tobacco Control Board to facilitate widespread knowledge about and compliance
with these laws.
249. Educational strategies. Anti-drug education
is carried out by the Ministry of Health (health education, behavioural health,
and maternal and child health
services), the Ministry of Education (school
health education, drug-free schools programme, and student organizations), the
Ministry
of Community and Cultural Affairs (Youth Services Division and National
Youth Congress), the Ministry of Justice (Anti-Substance
Abuse Prevention
Programme), Omult (an NGO), the churches, state governments and community
coalitions.
250. All of the agencies and programmes cited above are also
involved in anti-alcohol abuse education and advocacy. In addition,
the
Ministry of Health sponsors an Alcoholics Anonymous and Al-Anon group and the
Alcohol and Tobacco Control Board (which issues
liquor licenses) is also active
in educational efforts.
251. Since 1996, an Anti-Tobacco Coalition of
agencies and officials has spearheaded an aggressive anti-tobacco movement which
includes:
(a) intensified public education about the dangers of tobacco; (b)
launch of an “elaus without” campaign promoting use of
betelnut without tobacco additives; (c) mandatory education of retailers holding
tobacco
sale licences; (d) mandatory posting in all venues where tobacco is
sold of the law against sale to minors; (e) successful advocacy
to increase
the tax on tobacco; and (f) advocacy to enact legislation which more closely
regulates advertising of tobacco products
and sponsorship of public events by
tobacco companies.
252. Alcohol and drug use in Palau. In order
to enhance the effectiveness of strategies for prevention and treatment of drug
and alcohol abuse within Palau, the Ministry
of Health has recently completed a
community survey using both knowledgeable informant and direct interview
methodologies. Data
compiled for alcohol, marijuana and “ice” use
by age are shown in the table below. A little over one third of Palauan
youth
(ages 15-20) used alcohol in the 12 months preceding the study with nearly
8 per cent classified as “problem drinkers”.
Over
40 per cent of Palauan youth used marijuana and nearly 70
per cent used “ice” in the same period. Together, these
data
indicate that Palau is not succeeding in protecting its children and youth from
alcohol and illicit drugs. As a result of the
study, a number of new
initiatives in alcohol and substance abuse prevention and treatment are under
consideration by the Ministry
of Health.
Substance abuse in Palau by age category, 1997
Age group (years)
|
% using alcohol in past 12 months
|
% considered to be “problem drinkers”
|
Marijuana use in past 12 months
|
“Ice” use in past 12 months
|
10-14
15-20 21-25 26-30 31-40 41-50 51-60 61+ |
1.7
35.4 54.3 50.9 51.2 55.1 40.4 15.5 |
-
7.7 16.1 11.9 32.2 22.4 7.7 2.1 |
2.6
43.3 34.2 20.3 25.4 18.0 1.7 - |
3.3
16.7 16.7 10.0 40.0 13.3 - - |
253. Sexual exploitation of children. There are several laws
which relate to the sexual exploitation of children:
− Sexually related activities “for the purpose of sexual
gratification, pleasure, or profit by any person with a child
under the age of
16 who is not the spouse of the perpetrator” is defined as sexual abuse
and subject to a five-year prison
term and/or a fine of up to $5,000 under the
Child Abuse Act (PNC 21.602);
− Sodomy, defined as “unlawful and voluntary sexual relations of
an unnatural manner with a member of the same sex or
the other sex or carnal
connection with a beast”, is subject to a 10year prison term
(PNC 17.2803);
− Carnal knowledge of any female under the age of 15 who is not the
wife of the perpetrator is a crime subject to a 10-year
prison term (PNC
17.2803);
− Indecent assault or the taking of “indecent and improper
liberties with the person of a child under the age of 14 years
without
committing or intending to commit the crime of rape or carnal knowledge”
is subject to a 5-year prison term (PNC 17.2803);
− Rape, defined as forceful intercourse against a female who is not the
wife of the perpetrator, is subject to a 25-year prison
term (PNC
17.2802).
254. There is at present no law specifically against
prostitution. While there are allegations that prostitution does occur in
Palau,
although primarily believed to involve non-Palauans servicing the tourist
market, there is no definitive evidence of these activities.
255. Girls
under 16 years of age are well protected from prostitution or direct sexual
exploitation by the above-referenced laws.
Boys are much less well protected.
Following the legal review pursuant to preparation of this report, the
Attorney-General has
recommended that the law be amended to remove gender bias
and afford equal protection to both sexes. (This legislation was passed
by the
Senate in December 1997 and is now under consideration by the House of
Delegates.) Additional legal amendments are needed
to protect children from
portrayal in sexually explicit photos, movies, videos or other images as the law
does not explicitly address
these issues and incidences of photographic
exploitation have been detected in other Pacific Island
countries.
256. Sale, trafficking, and abduction of children.
Kidnapping is a crime subject to a 10-year prison term (PNC 17.1801). This
statute defines kidnapping to be the forcible, fraudulent,
or deceitful
imprisonment, seizure or detention of any person (other than one’s own
minor child).
257. Profiting from the adoption of children is not specifically addressed
under the law. There are anecdotal accounts of at least
one domestic adoption
which allegedly involved improper monetary exchange. Accordingly, CoPopChi is
recommending that legislation
be enacted to explicitly address this
issue.
258. Other exploitation. Palau’s Constitution
protects children from “all forms of exploitation”. However, there
are no indications that
Palauan children are subjected to any exploitation other
than as discussed in preceding paragraphs.
D. Minority children
259. Relevant definitions together with issues relating to minority
children have been previously discussed in section III of this
report.
Appendix
NATIONAL PLAN OF ACTION FOR CHILDREN
Issue
|
Action needed
|
Priority
level* |
||||||||
Legal
reform |
Lead agency
|
Administrative
reform |
Lead agency
|
Private actions
|
Lead agency
|
|||||
Objective: To create an effective institutional structure to serve
children and their families.
|
||||||||||
All
|
To create an office (or designate an existing office) having suitably
qualified staff and a reasonable operations budget, to serve
as a focal point
for child and family support activities. The office would facilitate
implementation of the Convention by acting
as: (a) secretariat to
CoPopChi; (b) ombudsman for children in general and/or specific children in
particular where their rights
are subject to violation; (c) impartial,
professional adviser to the courts with respect to the “best interests of
the child”
in cases involving family law, delinquent children, juveniles
accused of crimes, and abuse/neglect; (d) support to the legislative
and
executive branches of government in analysing the impact of proposed policies
and/or laws on children and families; and (e) facilitator
of participation
by children in matters affecting their own lives. (Note that herein this office
is referred to as the Office of
Child and Family Support and abbreviated as
OCFS.)
|
X
|
OEK
|
X
|
Office of the President
|
|
|
Level 1
|
||
Article of the
Convention |
Issue
|
Action needed
|
Priority
level* |
|||||||
Legal
reform |
Lead agency
|
Administrative
reform |
Lead agency
|
Private actions
|
Lead agency
|
44
|
To strengthen CoPopChi by augmenting current membership to include
representatives from the AttorneyGeneral’s Office, the police,
the
judiciary, VOCA, the Task Force on Children With Special Needs, and increased
representation from the Ministry of Education (Bureau
of School Administration,
Bureau of Curriculum/Instruction, and SchooltoWork Council).
|
|
|
X
|
President (Amend Executive Order)
|
|
|
Level 1
|
||
Objective: To inform agencies, officials, parents, young people, and the
general public about the Convention on the Rights of the
Child and actions
needed for its full implementation.
|
||||||||||
44
|
CoPopChi to develop a planned mediumterm programme of public information
about the Convention and actions needed to ensure full compliance
in
Palau.
|
|
|
X
|
CoPopChi; OCFS
|
|
|
Level 1
|
||
Objective: To ensure that professionals working with children are
knowledgeable about child growth and development as well as child
rights.
|
||||||||||
44; 6
|
CoPopChi to spearhead, in cooperation with all government agencies, an
assessment of training needs relative to child development,
child rights, and
domestic relations for professionals dealing with children and families. This
assessment to form the basis for
a planned programme of preservice (where
applicable) and inservice training.
|
|
|
X
|
MoAdm; PCC; M/C&T; CoPopChi Schoolto
Work Council |
|
|
Level 1
|
Article of the
Convention |
Issue
|
Action needed
|
Priority
level* |
||||||
Legal
reform |
Lead agency
|
Administrative
reform |
Lead agency
|
Private actions
|
Lead agency
|
Objective: To protect children from all forms of exploitation prejudicial
to their health and development.
|
1; 32
|
To protect children against potential economic exploitation by integrating
child labour regulations within the proposed Uniform Labour
Act (now before the
OEK). Such regulations to ensure against work injurious to a child’s
health or education and to ensure
compensation which is both fair but which does
not unduly constrain an inexperienced child/youth from gaining work
experience.
|
X
|
MoC/T with OEK
|
|
|
|
|
Level 4
|
|
1; 34
|
Amend all the statutes relating to sexual exploitation
(e.g., PNC 17.2802; 17.2804; 17.2806; 21.602) to (a) remove
gender bias; (b)
provide a uniform age of consent of no less than
16 years of age; (c) ensure adequate protection against sexually
related imaging
of children using photographic, video, computer or other means;
and (d) ensure equitable punishments commensurate with the seriousness
of
the crime and sufficient to act as a deterrent across the various offences. Add
new section(s) to the code to prohibit prostitution
(irrespective of age) and to
restrict access to and/or sale of excessively violent or sexually explicit
images, videos, or publications
to persons under 18 years of age.
|
X
|
Attorney
General with OEK |
|
|
|
|
Level 2
|
|
Article of the
Convention |
Issue
|
Action needed
|
Priority
level* |
||||||
Legal
reform |
Lead agency
|
Administrative
reform |
Lead agency
|
Private actions
|
Lead agency
|
||||
Objective: To enable children “capable of forming an opinion”
to be given an opportunity to voice their opinion in legal
proceedings which
affect them.
|
|||||||||
1; 12
|
In Family Law matters coming before the court, ensure that the child
“able to form opinions” is consulted and his/her
views considered
by: (a) amending PNC 21.302 to ensure that children are consulted in
matters relating to custody or residence;
(b) amending PNC 21.4040 to
ensure that children are consulted in matters relating to their own adoption
(although the consent of
a young child would not be a prerequisite for an
adoption otherwise deemed to be in his/her best interests); and (c) through
public
education, encourage families and clans to develop culturally appropriate
mechanisms to consult with and consider the views of the
child when reaching
customary decisions relating to custody, adoption, and residence. (Note:
further consultations are required
to determine at what age a Palauan child
should be considered “capable of forming opinions”.)
|
X
|
Attorney
General with OEK |
X
|
Judiciary
|
X
|
CoPopChi;
OCFS |
Level 2
|
|
Objective: Promote the principle of “nondiscrimination” for
all children resident in Palau.
|
|||||||||
2
|
Ensure protection of nonPalauan children from discrimination within civil
society by: (a) approving and implementing the (draft)
National Policy on
Population and Sustainable Development thereby ensuring ethnic balance;
(b) encouraging
|
X
|
President;
OEK |
X
|
MoC/T (Labour)
|
X
|
CoPopChi (research); MoEduc., & Churches (public education)
|
Level 3/5
|
Article of the
Convention |
Issue
|
Action needed
|
Priority
level* |
|||||
Legal
reform |
Lead agency
|
Administrative
reform |
Lead agency
|
Private actions
|
Lead agency
|
|
educational activities which promote intercultural understanding; and (c) consulting with the International Committee on the Rights of the Child, LawAsia, UNICEF, and other international experts on strategies deployed elsewhere which can facilitate a balance between the universal rights of all children and the rights of indigenous (e.g., ethnic Palauan) children to maintain their cultural heritage.
Objective: To promote optimal health for all of Palau’s children.
6
Continue and intensify strategies to further reduce foetal and infant mortality by: (a) discouraging early sexual activity leading to teen pregnancy; (b) encouraging early prenatal care for all women; (c) discouraging use of tobacco in any form during pregnancy; and (d) facilitating further research into the possible link between betelnut use during pregnancy and low birthweight.
X
MoH
Level 2
6; 24
Continue efforts to ensure the highest possible standard of health and health care for children according to the plan of action already prepared by the Ministry of Health.
X
OEK (Budget Support)
X
MoH
Level 3
6; 24; 27
To continue and to intensify efforts to ensure universal access to safe drinking water and safe sanitation by implementing existing plans for wastewater treatment and rural water system development.
X
OEK (Budget Support)
X
MoR/D; State Govts.
X
MoH
Level 3
Article of the
Convention
Issue
Action needed
Priority
level*
Legal
reform
Lead agency
Administrative
reform
Lead agency
Private actions
Lead agency
6; 24; 27
Continue and intensify strategies to promote healthy lifestyle choices among children
X
MoH; MoEduc.
Level 2
6; 24; 27
Ensure that the right of every infant to receive the best possible nutrition is met through vigorous promotion of breastfeeding. Strategies to include: (a) enactment into law of a local version of the International Code for Marketing of Breastmilk Substitutes; (b) integrating minimum standards for maternity leave and postpartum breastfeeding “breaks” within the proposed Uniform Labour Act; (c) encouraging public and private sector employers to implement “family friendly” policies which support breastfeeding; (d) facilitating formation of communitybased breastfeeding support groups; and (e) encouraging full support for breastfeeding mothers from every component of civil society.
X
MoH and OEK
X
MoH; MoC/T; MoAdm; All govt. offices to support and assist women to breastfeed
X
MoH; OCFS; COC
Level 2
6; 24; 27
Through public education, strive to ensure that every child benefits from a healthy diet which makes maximum use of fresh, local food products.
X
Nat’l Nutrition Council; MoE & Head Start (school lunches)
X
MoH; PCAA; MC/CA (Women Bureau); PCC
Level 3
Article of the
Convention |
Issue
|
Action needed
|
Priority
level* |
||||||
Legal
reform |
Lead agency
|
Administrative
reform |
Lead agency
|
Private actions
|
Lead agency
|
||||
Objective: To ensure that legal and customary adoptions promote the
“best interests of the child”.
|
|||||||||
21; 35
|
Strengthen mechanisms for ensuring that courtapproved adoptions are in the
best interests of the child by developing a mechanism whereby
VOCA undertakes
preadoption consultations with clan members and the child concerned, home
studies and background checks as required
in order to provide impartial advice
to the courts as to the “best interests of the child”. Special
regulations (including
correspondence with officials in the prospective
parents’ home country) to be developed to safeguard children proposed for
adoption by nonresidents of Palau.
|
|
|
X
|
Judiciary; Attorney
General; VOCA; OCFS |
|
|
Level 3
|
|
7
|
To develop an acceptable solution to the problem of nationality for
nonPalauan children legally adopted by Palauans which simultaneously
protects
the rights of the individual child while protecting the rights of the Palauan
people.
|
X
|
Attorney
General with OEK |
|
|
X
|
CoPopChi
|
Level 5
|
|
35
|
To amend Palau’s Criminal Code to explicitly prohibit the exchange of
children for money (excepting customary transfers by which
elements of the
child’s family provide financial assistance to the child’s
custodians in partial fulfilment of their
responsibilities toward the
child).
|
X
|
Attorney
General with OEK |
|
|
|
|
Level 3
|
Article of the
Convention |
Issue
|
Action needed
|
Priority
level* |
|||||
Legal
reform |
Lead agency
|
Administrative
reform |
Lead agency
|
Private actions
|
Lead agency
|
|||
7; 21
|
To facilitate research into the impact of the various types of custom
adoption on the wellbeing of children as a basis for providing
informed guidance
to the public on issues arising from adoption including the rights of the child
to know his/her (biological) parent(s).
|
|
|
|
|
X
|
CoPopChi; OCFS
|
Level 5
|
21
|
As an interim measure pending research findings (per above recommendation),
use public education and family counselling to strengthen
attention given to the
“best interests of the child” during customary adoption by:
(a) emphasizing the right of the
child to be adopted only if this serves
his/her best interests; (b) emphasizing the right of every child to a
stable and secure family
life thereby discouraging informal adoption
arrangements or nonessential changes in custodial arrangements;
(c) emphasizing the right
of a child “able to form an opinion”
to be given an opportunity to voice his/her views during family or clan
decisionmaking
regarding the child’s adoption; and (d) discourage
early sexual relationships especially among teenagers thereby reducing the
need
for children to be raised by persons other than their biological parents.
|
|
|
|
|
X
|
CoPopChi; VOCA; Chiefs and women leaders
|
Level 3
|
Article of the
Convention |
Issue
|
Action needed
|
Priority
level* |
||||||
Legal
reform |
Lead agency
|
Administrative
reform |
Lead agency
|
Private actions
|
Lead agency
|
||||
Objective: To strengthen the use of the media (especially broadcast media)
as a mechanism for promoting child development and the
Palauan culture.
|
|||||||||
17
|
To address the various issues relating to “children and the
media”, encourage formation of a task force on “The
Media and
Palauan Tradition” to devise specific strategies for harnessing the power
of the media to advance Palauan culture
and to improve the quality of
programming with special attention to the needs of children and their
families.
|
|
|
X
|
President; MoC/CA
|
|
|
Level 5
|
|
17
|
To assist parents and children to become “informed consumers”
of the media with special attention to television and video.
|
|
|
|
|
X
|
MoEduc.; MoH; CoPopChi; OCFS
|
Level 3
|
|
Objective: To strengthen institutional and social support for parents in
meeting their responsibilities toward their children.
|
|||||||||
5; 18
|
To revitalize traditional mechanisms for providing guidance to children and
support to parents with special attention to: (a) reviving
the tradition
of “community parenting”; (b) revitalizing the role of the
maternal uncle or brother in assisting with
childrearing and discipline; and
(c) reviving/adapting traditional measures of community discipline through
the village council of
chiefs.
|
|
|
X
|
OCFS; MoC/CA; MoJustice; M/State; Judiciary
|
X
|
MoE (Schoolto
Work Council); MoJustice; CoPopChi |
Level 2
|
|
5; 18
|
To provide information and support to traditional and informal
“helpers” (e.g., mechas, church leaders, clan leaders, and
women/youth/sports leaders) which will facilitate their assistance to
families/children who look
to them for role models and guidance.
|
|
|
|
|
X
|
MoH; MoEduc.; MoC/CA (Bureau Women’s Affairs); M/Justice; OCFS;
Omult
|
Level 2
|
|
Article of the
Convention |
Issue
|
Action needed
|
Priority
level* |
||||||
Legal
reform |
Lead agency
|
Administrative
reform |
Lead agency
|
Private actions
|
Lead agency
|
||||
18
|
To encourage public and private sector employers as well as the private
sector to implement “Family Friendly” strategies
which provide
alternative mechanisms for meeting the needs of parents in the labour force; to
develop training programmes, regulations,
and inspection capacities to ensure
that such nonfamily childcare programmes or centres which may develop adhere to
reasonable standards
which protect the health and enhance the development of
children under their care.
|
X
|
OEK
|
X
|
MoH and MoEduc. (licensure); PCC (training); MoAdmin and all govt. agencies
(public sector action); MoC/T and COC (private sector
action)
|
X
|
CoPopChi; OCFS; COC; MoC/CA (Women’s Bureau)
|
Level 2
|
|
Objective: To prevent child abuse and/or neglect; to protect children from
domestic violence of all forms.
|
|||||||||
19; 34
|
Strengthen strategies for combating child abuse/neglect by:
(a) intensifying public education regarding alternate methods of
discipline,
safety during discipline, and behaviours which constitute
“abuse” under the law; (b) strengthen the statutory authority
of VOCA to intervene in cases of alleged or proven neglect for the paramount
purpose of protecting the child; and (c) strengthen
public awareness about
the reality of child abuse and domestic violence in Palau and emphasize the
longterm impact of domestic violence
on child development.
|
X
|
Attorney
General with VOCA and OEK |
|
|
X
|
CoPopChi; VOCA; MoEduc.; MoH; Schoolto-Work Council; OCFS
|
Level 2
|
Article of the
Convention |
Issue
|
Action needed
|
Priority
level* |
||||||
Legal
reform |
Lead agency
|
Administrative
reform |
Lead agency
|
Private actions
|
Lead agency
|
||||
Objective: To ensure that every child enjoys an adequate standard of
living, inclusive of access to ageappropriate recreational facilities.
|
|||||||||
27
|
Ensure reciprocal enforcement of maintenance and custody orders across
international boundaries by enacting into Palauan law a “mirror
image” of the United States Uniform Reciprocal Enforcement and Support
Act.
|
X
|
Attorney
General with OEK |
|
|
|
|
Level 3
|
|
27
|
Ensure that every child has an adequate standard of living by:
(a) developing poverty guidelines appropriate to Palau;
(b) identifying
the extent of and causes of poverty where it exists in
Palau; (c) develop strategies to ensure that the basic needs of families in
poverty are met; and (d) develop strategies to prevent poverty.
|
|
|
X
|
CoPopChi; PCAA; Planning Office
|
|
|
Level 5
|
|
28
29 |
To develop guidelines for open spaces and parks/recreational facilities
catering to the needs of all age groups for integration into
State Land Use
Master Plans.
|
|
|
X
|
CoPopChi (guideline; State Govts.; Palau Conservation Society
|
X
|
CoPopChi Community Leaders
|
Level 2
|
|
28
29 |
Encourage hamlets (communities) to develop parks and recreational
facilities catering to all age groups with special attention to
the
developmental and recreational needs of young children.
|
|
|
|
|
X
|
CoPopChi
|
Level 2
|
Article of the
Convention |
Issue
|
Action needed
|
Priority
level* |
||||||
Legal
reform |
Lead agency
|
Administrative
reform |
Lead agency
|
Private actions
|
Lead agency
|
||||
Objective: To ensure that every child receives the quality and quantity of
education required for life in the twentyfirst century.
|
|||||||||
28
|
Fully implement the “Palau 2000: Master Plan for Education
Improvement” thereby ensuring that every child receives the
quantity and
quality of education required to achieve his/her full potential.
|
X
|
OEK (Budget Support)
|
X
|
MoEduc.
|
X
|
MoEduc.; Schoolto
Work Council; CoPopChi; OCFS |
Level 2
|
|
Objective: To ensure that the disabled child enjoys the right to full and
equitable development in accordance with his/her capacities.
|
|||||||||
23
|
To integrate access requirements within the building permit systems of the
various States thereby ensuring that in all future construction,
disabled
persons will enjoy full access to public facilities.
|
X
|
OEK and State Govts.
|
|
|
|
|
Level 2
|
|
23
|
To continue the availability of special health, educational, and social
support services for the disabled child and his/her family
by ensuring that
effective programmes and services developed with Federal grant assistance are
continued with domestic revenues.
|
X
|
OEK (Budget Support)
|
X
|
MoEduc.; MoH; Parent Support Groups; Interagency Task Force
|
|
|
Level 2
|
|
Objective: To protect the rights of children in conflict with the law and
to ensure their speedy reintegration into society.
|
|||||||||
37
40 |
Revive traditional disciplinary measures within the family (involvement and
responsibility of extended family and maternal uncle),
the community
(i.e. “community parenting”), and the village (council of
chiefs) as a strategy for primary prevention
of juvenile criminal
behaviour.
|
X
|
MoJustice with OEK
|
X
|
Juvenile Justice Prog.; CoPopChi; Council of Chiefs
|
X
|
Juvenile Justice; CoPopChi; Council of Chiefs; Women Leaders
|
Level 2
|
|
37
40 |
Identify/implement practical, costeffective measures to ensure that
children are segregated from adults in Palau’s prison.
|
|
|
X
|
MoJ; Judiciary
|
|
|
Level 3
|
|
Article of the
Convention |
Issue
|
Action needed
|
Priority
level* |
||||||
Legal
reform |
Lead agency
|
Administrative
reform |
Lead agency
|
Private actions
|
Lead agency
|
||||
37
40 |
To study further the need for and desirability of amending Palau’s
Criminal Code to prohibit a judgement of life imprisonment
without parole
against child offenders. (Note that the number of cases where children could
conceivably receive such a sentence
is extremely small and this sentence has
never to date been imposed on a child. There are, however, influential people
in the judiciary
who believe that existing safeguards are adequate and the
possibility of a life sentence should not be statutorily withdrawn.)
|
|
|
|
|
|
MoJ
|
Level 5
|
|
Objective: Maintain current efforts to eradicate illicit drugs from
Palau.
|
|||||||||
33
|
Continue and intensify efforts to protect children from use of alcohol and
illicit drugs. (Note: existing efforts include law enforcement,
education, and
alternative youth activities.)
|
|
|
X
|
MoJustice; MoH; MoEduc.; MoC/CA
|
X
|
All organs of civil society
|
Level 2
|
* The priority levels are defined as follows:
Level I
Strategic actions which facilitate implementation of other
recommendations.
Level II Actions addressing high priority issues of
immediate importance to Palau’s children.
Level III Actions important
for full compliance with the Convention but of less immediate urgency for
Palau’s children.
Level IV Actions needed for technical compliance
with the Convention but not priority issues for Palau.
Level V Issues
requiring further study and/or consensusbuilding prior to finalizing a
recommended action.
-----
[*] The annexes and
supplementary information submitted by the Government of Palau may be consulted
in the files of the secretariat.
GE.00-41182 (E)
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