Source: United Nations – Geneva

The Committee on the Rights of Persons with Disabilities today concluded its review of the initial report of Palau, with Committee Experts commending the State on a project focused on making homes for the elderly more accessible, while raising questions on the accessibility of public transport, and how persons with disabilities were included in the response to emergency situations.

A Committee Expert welcomed the financial measures and information provided on the project which aimed to make homes for the elderly accessible in Palau. 

Another Committee Expert congratulated Palau for its commitment to the area of accessibility and desire to create a more inclusive society.  However, concerns persisted, including the lack of accessible public transport. What measures had been taken to ensure free access to information for different types of disability?  An Expert asked what steps were being taken to facilitate the transportation and movement of persons with disabilities?  Another Expert asked if accessibility requirements were included throughout the purchase of public infrastructure? 

Gerel Dondovdorj, Committee Expert and Coordinator of the Taskforce for Palau, asked if the State party had reviewed national legislation related to the situation of risk and humanitarian emergency, including the national disaster risk framework, to include the safety and protection of persons with disabilities?  Could information on mechanisms of early warning for persons with disabilities be provided?  Did the State party have existing mechanisms to ensure the participation of persons with disabilities in the planning, designing and implementation of activities relating to emergency situations? 

The delegation said unfortunately, public transport in general was underdeveloped in Palau, and had only begun around two years ago, with a small number of buses with a limited route. Unfortunately, the buses being used were currently not accessible to persons with disabilities, and it was up to the families to take care of the transport of their family members and children with special needs.  The State had purchased vehicles, including a van that was disability equipped, which currently was only available by request.  The question was whether all public transport needed to be accessible, or due to numbers should it just be a specific programme with enough equipment catered to the needs of the population? 

The delegation said at this time, the Government had not currently conducted a review of the national disaster risk framework legislation.  However, there were regular reviews, post-disaster, to determine gaps in emergency preparedness and disaster reduction.  Palau had the National Emergency Management Office, governed by the National Emergency Committee, comprised of all government agencies and civil society, including the Palau Red Cross.  All emergency preparedness and disaster response were coordinated through the Committee. 

Being a small community, Palau could identify people individually and had a database on people’s specific needs. This knowledge was incorporated into exercises and drills.  Community health workers assisted during disasters to ensure everyone had equal access to shelters. 

Introducing the report, Jeffrey Antol, Director, Bureau of Foreign Affairs and Trade, Ministry of State of Palau and head of the delegation, said while Palau faced unique challenges, from geographical and resource limitations to the increasing impact of climate change, these only reinforced the determination to advance the rights of persons with disabilities and build a more inclusive society.  One of Palau’s most significant milestones was the enactment of RPPL 11-36 in September 2024, a landmark piece of legislation that established a Coordinating Committee on Persons with Disabilities and an Office of Persons with Disabilities. 

In closing remarks, Mr. Antol extended appreciation to the Committee and all those who had contributed to the dialogue. Palau firmly believed that inclusion was not merely a policy goal, but a fundamental human right.  The enactment of the persons with disabilities act and the development of the national disability inclusive policy marked significant milestones in the journey towards full alignment with the Convention. 

Gertrude Oforiwa Fefoame, Committee Expert and Taskforce Member for Palau, thanked the members of the delegation of Palau for their presence and the open dialogue with the Committee. The State was commended for its commitment in working towards the implementation of the Convention.  From the goodwill expressed by the delegation, it was expected that the State would proactively ensure the implementation of the Committee’s recommendations.   

The delegation of Palau was comprised of representatives from the Ministry of State; the Ministry of Health and Human Services; the Office of the President; and the Permanent Mission of Palau to the United Nations Office at Geneva. 

Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s thirty-second session and other documents related to the session can be found here.

The Committee will next meet in public at 10. a.m. on Thursday, 20 March, to hold a day of general discussion on article 29 of the Convention on participation in political and public life. 

Report

The Committee has before it the initial report of Palau (CRPD/C/PLW/1).

Presentation of Report

GAAFAR J. UHERBELAU, Special Advisor to the President of Palau, introduced the delegation of Palau. 

 

JEFFREY ANTOL, Director, Bureau of Foreign Affairs and Trade, Ministry of State of Palau and head of the delegation, said while Palau faced unique challenges, from geographical and resource limitations to the increasing impact of climate change, these only reinforced the determination to advance the rights of persons with disabilities and build a more inclusive society. 

One of Palau’s most significant milestones was the enactment of RPPL 11-36 in September 2024, a landmark piece of legislation that established a Coordinating Committee on Persons with Disabilities and an Office of Persons with Disabilities.  This legislation addressed critical gaps in disability governance, with key provisions that included the development of a new national policy on persons with disabilities; the establishment of sustainable funding mechanisms through the allocation of annual tax revenues from alcohol, cigarettes, and tobacco products to support disability programmes and services; and a multi-stakeholder governance structure, ensuring the active participation of government agencies, civil society organizations, the private sector, and persons with disabilities. 

Palau had taken major steps towards accessibility in recent years, including conducting access audits for schools, public buildings, and parks, leading to infrastructure improvements, including accessible ramps and parking.  The Ngermalk Accessibility Ramp and Airai Accessibility Ramp project set new standards for inclusive design, enabling inclusive access to the sea waters and leisure. RPPL No. 11-11, enacted in September 2021, established the Palau severely disabled assistance fund and child raising subsidy, now supporting 186 children and elderly persons with disabilities. The child raising subsidy provided financial assistance to parents and legal guardians for the costs of raising a Palauan citizen child under the age of 18 who resided full-time with the applicant in Palau.  The meal programme provided nutritious meals to support Palauan citizens aged 55 and older, homebound individuals, and adults with special healthcare needs residing in Palau. 

To enhance inclusive education, 22 teachers had been trained in assistive technologies to support students with disabilities.  Access to individualised education programmes was expanded to provide tailored learning support. 

However, the State needed to do more to bridge the gap in specialised learning resources, inclusive curricula, and teacher training.  Palau’s workforce innovation and opportunity act trained persons with disabilities, including women with disabilities, and empowered them to access the job market. Entrepreneurship programmes were being expanded to provide persons with disabilities with opportunities to create and manage their businesses.

Women and girls with disabilities experienced two to three times the level of gender-based violence compared to those without disabilities.  To address this, the revised national gender mainstreaming policy would integrate disability-specific protections, including targeted legal amendments, training law enforcement and service providers, and expanding access to shelters and psychosocial support services.  Palau’s national gender mainstreaming policy was undergoing revision to fully integrate disability perspectives. 

As a climate-vulnerable nation, Palau understood the critical importance of disability-inclusive disaster risk reduction.  In September 2024, the guidelines on disability inclusive disaster risk reduction were launched, ensuring accessible emergency shelters with ramps, assistive devices, and trained staff; early warning systems adapted for persons with sensory disabilities; and community engagement programmes to ensure that persons with disabilities were active participants in disaster preparedness planning.

While Palau had made significant progress, challenges remained.  Data collection efforts were being expanded to disaggregate statistics by gender and disability, ensuring targeted interventions that addressed the unique vulnerabilities of women, girls, and children with disabilities.  Palau was also working towards accessible voting procedures, ensuring that persons with disabilities could exercise their right to vote independently.  It was also promoting representation in Government advisory bodies.  Mr. Antol reaffirmed Palau’s commitment to working closely with development partners, United Nations agencies, civil society organizations, the private sector, and persons with disabilities and their representative organizations, to address these challenges head-on.

Questions by Committee Experts

GEREL DONDOVDORJ, Committee Expert and Coordinator of the Taskforce for Palau, thanked the State party for the comprehensive initial report.  Ms. Dondovdorj appreciated the quality of alternative reports of organizations of persons with disabilities provided to the Committee.  Palau had made some progress in implementing the Convention, which would be addressed later in the dialogue.  Although some legislative measures had been taken by the State party, some of these were not fully compliant with the Convention, including the disabled persons anti-discrimination act, which could not fully respond to the challenges faced by women with disabilities. 

Concerns persisted about the lack of progress made to abolish the guardianship regime and implement the supported decision-making system in Palau.  It was essential to ensure the meaningful participation of women with disabilities in decision-making.  The Government of Palau was encouraged to pay attention to this issue. 

GERTRUDE OFORIWA FEFOAME, Committee Expert and Taskforce Member for Palau, said the enactment of RPPL 11-36 outlined the State’s commitment to advancing the rights of persons with disabilities.  What steps were being taken for the State to appeal and amend legislation which was not in line with the Convention?  What would be the process and timeline for harmonising definitions?  What steps were in place to address the lack of timelines of the implementation of the decisions of the Coordinating Committee of the Office of Persons with Disabilities?  How were organizations of persons with disabilities being involved in the formulation of programmes and policies? 

Currently Palau did not have a law on reasonable accommodation.  What specific steps were being taken to amend relevant legislation to include disability as a prohibited ground of discrimination?  What were the timelines to ensure the disabled person anti-discrimination act encompassed all forms of disability-based discrimination, including the denial of reasonable accommodation?  What mechanism would be put in place to track the progress of the anti-discrimination policies under discussion?  How would it be ensured they were well implemented and monitored? What was in place to eliminate multiple and intersecting forms of discrimination? 

How did Palau plan to strengthen gender mainstreaming to ensure women and girls with disabilities were included in all relevant policies and programmes?  Did it include amending the family protection act?  What steps were being taken to ensure the voices of women and girls with disabilities were heard?  What steps were being taken to ensure their participation?   How was the participation of children being monitored? What measures was the State taking to prevent negative stereotypes of persons with disabilities, particularly in rural communities?  What plans were in place to ensure training and awareness raising about persons with disabilities at all levels?

What steps was the Government taking to identify existing barriers to accessibility in the public and private sector, and provide the necessary resources to remove these barriers?  What measures would be taken to bridge the digital divide? 

It was commendable that the Washington Group’s short questions on disability had been used and integrated into the census.  What steps was the State adopting to promote inclusivity and improve disability data collection?  What processes were in place to collect the issues around access to justice? 

Could more information be provided about the newly established Coordinating Committee on Persons with Disabilities, including its members, mandate and budget?  How were representatives of persons with disabilities represented on this Committee?  What steps were taken to involve persons with disabilities into international cooperation?

There was no national human rights institution established in line with the Paris Principles in Palau.  Had there been any progress on this?  Was there a mechanism to oversee the implementation and monitoring of the Convention? 

Responses by the Delegation

The delegation said harmonising legislation had been a challenge in Palau.  Through the new legislative process, one of the first tasks would be to have a full assessment and legislative review of relevant laws which needed to be revised, to ensure no discrimination was implied by language used in legislation moving forward.  It was expected that Palau could work with lawmakers and the National Congress to undertake a comprehensive legal review and carry out the changes.  It was hoped this could be achieved within 12 to 24 months. 

The Coordinating Committee on Persons with Disabilities was working on a disability policy with representatives of organizations of persons with disabilities.  There were practices at the national level to provide reasonable accommodation in employment, as well as access to voting.  Palau understood there was a need to improve measures in this regard.

The State was excited about the new legislation, which would create a new body with the task to mainstream any data, enabling the State to look at specific needs.  The Government would ensure the new body was sufficiently resourced to undertake its tasks.  It would examine Convention articles and look at how Palau could do better in this regard.

There were currently gaps in the implementation of the family act, including a lack of training of law enforcement officials on the act itself.  The State would examine the gaps in the next six to 12 months. 

Palau had a gender office within the Ministry of State.  Many programmes required the representation of women and the parents of children with disabilities.  Aside from the Ministries and civil society organizations for women and children with disabilities, a lot of data was non-existent outside of those agencies. Palau had made efforts to reorganise ministries to ensure the family protection act was housed in the department of health and public services.  Data collection methods and tools would be streamlined to ensure a more comprehensive data set, used to assist women and girls with disabilities. 

There was currently no strategy for awareness raising.  The State had an upcoming project which would train Government stakeholders on disabilities and persons with disabilities.  There was a need for a legislative review in this regard. 

Persons with disabilities in Palau accounted for between three to four per cent of the population, meaning it was easy for the general public to ignore, such as in the case of disability parking spots.  The Government needed to change the culture and attitude, including towards the overall concept of disability.  The newly established Coordinating Committee on Persons with Disabilities would ensure that every programme planned would welcome the input of women and children with disabilities. 

There were many gaps in data collection in Palau with regards to persons with disabilities, and this varied between sectors.  The State was in the process of consolidating data sets, streamlining collection and ensuring information was credible, relevant and secure for sharing.  The work of the new established committee would supplement and enhance this work. 

Regarding the newly established Coordinating Committee on Persons with Disabilities, the members included several Ministers, including the Minister of Justice, Finance and Health.  There would also be representatives from an organization representing persons with disabilities, governors, and a religious and state-based organization.  The Committee was the first time that Palau was forced by law to have representation. The work of the Committee would also reach policy makers directly, which often did not happen.  It held the State accountable to ensure specific resources would be directly available to the Committee.  Currently, only one organization of persons with disabilities was represented on the Committee, as well as a civil society organization. The Committee and the policy were under a strict timeline to be developed by the end of June. 

Persons with disabilities had been represented in different committees, subcommittees and bodies.  Palau worked collaboratively with the Government of Australia and representatives of organizations of persons with disabilities were consulted in the process across certain projects. 

Funding constraints were the number one barrier to establishing a national human rights institution in Palau. The State understood the value and purpose, but funding was the constraining factor.  Palau recognised the need for a robust data system, which could be used as a tool to guide policy development.  Palau would rely on the newly established Coordinating Committee on Persons with Disabilities to monitor all aspects of the implementation of the Convention. 

Questions by Committee Experts

A Committee Expert congratulated Palau for its commitment to the area of accessibility and desire to create a more inclusive society.  However, concerns persisted, including the lack of accessible public transport. What measures had been taken to ensure free access to information for different types of disability?

Another Expert asked how many girls and women with disabilities had been provided with training on small and medium sized enterprises.  The Committee was delighted to hear that the State was analysing the many limitations faced by women with disabilities, particularly those facing violence.  The Committee would like to ensure that the State was addressing the correct data in this regard.

An Expert asked what steps were being taken to facilitate the access of persons with disabilities to technologies? What steps were being taken to facilitate the transportation and movement of persons with disabilities? How could organizations representing children with disabilities be supported? 

Another Committee Expert asked if accessibility requirements were included throughout the purchase of public infrastructure?  It was very good that there was good access to the internet for persons with disabilities. Were accessibility standards being taken into account when web content was created?

An Expert asked about the political environment when discussing issues related to persons with disabilities? Was the Congress willing to make important changes in legislation and approve specific legislation to incorporate Convention principles?  How could the international community support Palau to bring about these changes sooner rather than later?

Responses by the Delegation

The delegation said unfortunately, public transport in general was underdeveloped in Palau, and had only begun around two years ago, with a small number of buses with a limited route. Unfortunately, the buses being used were currently not accessible to persons with disabilities, and it was up to the families to take care of the transport of their family members and children with special needs.  The State had purchased vehicles, including a van that was disability equipped, which currently was only available by request.  Being an island, it was also important for the State to purchase boats which were disability accessible.  Palau’s citizens had access to relatively cheap internet, but the issue was devices.  The State had not taken further steps to identify specific technologies that persons with disabilities might need.  Therefore, those with visual impairments would have to source their digital devices out of Palau.  The State would look at the data and determine if this was something which required additional investment. 

A majority of those who had received training were women, and some percentage would be women with disabilities. Data specific to violence against women and girls with disabilities needed to be disaggregated in the State’s data set. 

The question was whether all public transport needed to be accessible, or due to numbers should it just be a specific programme with enough equipment catered to the needs of the population? There were one or two vans which could respond to requests currently.  Would this be enough, or would there be a growing need for accessibility vehicles?  Currently, more equipment was required.  It would make sense that all equipment should be accessible, but that had more costs. The State was looking at this with a phased approach.  For small countries like Palau, things were only addressed when there was a visible need, as opposed to putting in place standards to address things beforehand, and this applied to access to information. However, it did not take away from the need for the State to think holistically. 

The political will to ratify the treaties was there, but there were challenges when it came to prioritising budget allocation.  The onus was on the delegation to return to Palau and continue raising awareness. 

Questions by Committee Experts

GEREL DONDOVDORJ, Committee Expert and Coordinator of the Taskforce for Palau, asked if the State party had reviewed national legislation related to the situation of risk and humanitarian emergency, including the national disaster risk framework, to include the safety and protection of persons with disabilities?  If not, what were the plans to review and amend the legislation?  Could information on mechanisms of early warning for persons with disabilities be provided?  How accessible were these systems to persons with diverse disabilities, including those who were blind and deaf?  Did the State party have existing mechanisms to ensure the participation of persons with disabilities in the planning, designing and implementation of activities relating to emergency situations?  What measures had the State party taken to ensure adequate budget allocation for this purpose? 

Palau still promoted the guardianship regime, which meant a person’s legal capacity could be restricted, based on a court declaration.  Were there specific plans to end the guardianship regime, and implement supported decision-making for persons with disabilities?  Could data on the number of persons with disabilities under guardianship be provided?  How many people had repealed these decisions?

GERTRUDE OFORIWA FEFOAME, Committee Expert and Taskforce Member for Palau, said information had been received about barriers in accessing justice for persons with disabilities, due to a lack of reasonable accommodation, particularly those with psychosocial disabilities.  What measures would be taken to review all legislation, including criminal laws, to ensure compliance with the Convention?  What measures were being taken to ensure age appropriate and gender sensitive accommodation in judicial and administrative proceedings for all persons with disabilities?  Was information provided in an accessible format, and how was the accessibility of court buildings ensured?  How was information communicated, for example through sign language? 

Had regular monitoring been conducted to ensure persons with psychosocial or intellectual disabilities were not subjected to arbitrary or forced treatment, including confinement? What was the most recent monitoring result, and efforts taken to improve the situation?  Was there disaggregated data on persons with disabilities deprived of their liberty in Palau? 

GEREL DONDOVDORJ, Committee Expert and Coordinator of the Taskforce for Palau, asked about services provided by the Victims of Crime Office, reopened in 2022, including access to shelters? Was sign-language interpretation provided and reasonable accommodation ensured?  Was information about existing services disseminated to persons with disabilities through accessible formats?  Did the State party have any targeted measures to ensure all persons with disabilities, including women with disabilities, were free from all types of violation and exploitation?  Were there any specific targeted policies and strategies targeting women with disabilities? 

Information had been received on the tragic case of a blind woman who was sterilised without consent, but with the consent of her family members.  What legislation was in place to protect persons with disabilities from being subjected to treatment without their free and informed consent, including forced sterilisation and abortion?  Did a monitoring mechanism exist in this regard?

How many persons with disabilities had been placed in institutions, including mental health hospitals?  Were there any plans or strategies to promote the independence of persons with disabilities at the community level? What were the plans to implement the deinstitutionalisation plan, to ensure everyone was given the opportunity to live in the community?

What measures were in place to ensure that persons with disabilities in Palau could access high-quality and affordable assistive devices?  Were these exempt from import taxes?  What measures were being taken to eliminate physical restraints in all settings, including prisons and institutions?  Did Palau have any plans to ratify the Convention against Torture?  Had any monitoring of cases of torture being undertaken?  Could information be provided about the State’s existing complaints mechanism? 

Responses by the Delegation 

The delegation said at this time, the Government had not currently conducted a review of the national disaster risk framework legislation.  However, there were regular reviews, post-disaster, to determine gaps in emergency preparedness and disaster reduction.  Based on existing legislation, there was no need to change too much.  Palau had the National Emergency Management Office, governed by the National Emergency Committee, comprised of all government agencies and civil society, including the Palau Red Cross.  All emergency preparedness and disaster response were coordinated through the Committee.  Once the President declared a national emergency, this gave the Government access to all resources and the authority to commandeer accommodation such as shelters for the response.  The Government would conduct a legislative review to see if there was anything missing in the law which should be amended in relation to persons with disabilities. 

The State had working relationships with civil society, including the Red Cross, which was actively involved in drills and exercises in response to disasters.  Being a small community, Palau could identify people individually and had a database on people’s specific needs.  This knowledge was incorporated into exercises and drills. Community health workers assisted during disasters to ensure everyone had equal access to shelters. 

A health care coalition, enacted through an executive order of the President, represented persons with disabilities and parents’ organizations, bringing them together to plan activities. A month was dedicated to preparedness awareness each year, during which simulation exercises were held, as they were last year.  At this point, Palau did not see the need to have too many members, including from the Government, in the National Emergency Committee during an emergency.  It was more important to capture feedback, participation and input from non-governmental organizations during the planning, training and exercises phases, to execute the best response. The delegation would investigate if there was a need to expand the Committee to include persons with disabilities.  At this point, the State prioritised local revenue for the response; there were no external funding sources. 

The State party understood the guardianship act was not in line with the Convention.  However, efforts were being made to consult persons with disabilities before they were held in institutions.  The various ministries coordinated together to ensure the Convention was not being violated.  The guardianship act would be considered for the upcoming legislative review.  The delegation would also debrief on this upon their return.  At present, data on those under the guardianship law was not available.  This was noted as a priority task and this data would be collected in the future. 

The full and systematic review of legislation to ensure compliance with the Convention was long overdue.  This would be conducted once the delegation returned to Palau.  It was expected the review would take 12 to 24 months; draft amendments would then be proposed for enactment. 

The family protection act was a landmark milestone for Palau, allowing for a more uniform and standardised procedure for all people who experienced gender-based or domestic violence, while also allowing the State to assess the gaps in the process.  There were currently no courtrooms in Palau which were accessible.  This needed to be changed immediately and would be enacted when the delegation returned to Palau.  The recommendation would also focus on better equipping the courtrooms with audio visual aids.     

In Palau, if persons with psychosocial conditions in prison were required to be confined, this would take place after an assessment with a psychiatrist, and they would be held outside of the general prison.  This would also be reviewed to ensure the protocols were being adhered to.  Every case received was monitored; however, monitoring ceased once the individual left the facility.  This was something that should be tracked and that was something the State planned to accomplish. 

Palau maintained a strong belief in cultural values, which was a source of solutions and issues.  Often families were still expected to care for the elderly and family members with disabilities.  The line was often blurred on where the Government should step in. A transition centre had been built for those who did not have accommodation to return to.  It had taken years to build as many community members felt that under Palau culture, family members had the obligation to care for their family members. 

The Victims of Crime Office provided services, including counselling and temporary housing for victims, in partnership with non-governmental organizations.  The State aimed to introduce training programmes with neighbouring jurisdictions, but this was dependent on costs.  In the few cases received where victims required sign-language communication, this had been done virtually with ad-hoc partners.  But there was a need to formalise a mechanism for whenever that was needed. 

A member of the delegation said she had been a victim of exploitation, and this had been a call for the ministries to come together and strengthen the family protection act, and to take account for specific provisions for protecting women and girls with disabilities. This act would also be reviewed during the legislative review. 

The number of cases of forced sterilisation was extremely low, but these situations did happen. There was no legislation which specifically addressed this.  The State was cautious to enact legislation which contradicted and caused tension between culture, and the more Western doctrine of rights and laws. Abortion was mostly illegal in Palau, unless the physician determined there was a threat to the life of the mother or the child.  Forced treatment and sterilisation was something consulted with the patient, their family and the healthcare provider.  It needed to be determined if legislation was really the avenue to address this, or if was more important to have more clarity on those blurred lines between cultural expectation and family consent and the healthcare needs of the patient.  This would be added to the list for the legislative review. 

A project had been launched during the COVID-19 pandemic to assess certain households for accessibility, to be redesigned for independent living.  The findings of the project would be utilised this year to promote more independent living.  There was only one mental health facility in Palau, and confinement was only for mental health issues.  There had been no cases where persons with other types of disabilities had been confined or admitted without any mental health issues.  The plan would be rolled out nationwide and expanded in the future to ensure persons with disabilities could independently live in their own homes, rather than be confined to an institution. 

At present, due to cost, Palau dealt with needs for assistive technologies on a case-by-case basis.  At present, there was no tax exemption for such equipment unless it was donated.  Maintenance and a lack of parts were an ongoing issue.  The newly created Office on Persons with Disabilities would undertake a review in this regard. 

Palau did not have the need to develop specific measures for the protection of persons with disabilities from ill-treatment.  Palau’s culture did not require laws in this regard.  Tomorrow, the delegation of Palau would meet with relevant United Nations representatives to further discuss the process of the ratification of the Convention against Torture.  There was no active monitoring of case reviews, but the State party undertook case reviews to determine if there were instances of torture.  The State had a school health screening programme, where the provider looked for indications of ill-treatment, as well as the victims of crimes assistance programme.  Part of the awareness strategy included promoting reporting within the community, which was currently a challenge.

Questions by Committee Experts

A Committee Expert asked if there were any plans to strengthen the mechanisms and legal safeguards for persons with disabilities, including those with psychosocial disabilities and migrants with disabilities, to ensure they were provided with reasonable accommodation under the 72-hour detention act?  What measures were taken to ensure stateless children, including those with disabilities, were granted citizenship?  Was there a plan to amend legislation to allow stateless individuals, including those raised in Palau, to apply for citizenship? 

Another Expert welcomed the financial measures and information provided on the project which aimed to make homes for the elderly accessible.  What measures were being undertaken to improve the disability inclusiveness of mainstream services, such as retail, health, education and housing?   

One Expert asked who had trained prison officers in appropriate care?  What evaluation had there been for this training?  Had the State party implemented the guidelines on deinstitutionalisation?

A Committee Expert asked if there was any follow-up strategy in relation to article 19, enabling persons with disabilities to manage themselves? 

Responses by the Delegation

The delegation said the 72 hours was not always adhered to exactly, despite legislation, and was typically handled on a case-by-case basis.  This would be included in the legislative review to see if this timeline was still applicable. 

A bill had been introduced in the National Congress to examine the possibility of issuing stateless persons with a national identification.  While this did not guarantee citizenship, it would enable them to have an identity and hopefully be expanded to include means to travel.  Migrants were afforded access to public services like citizens; it was a matter of different costs.  The population of Palau was 18,000, and therefore transport could be provided by the Government for those who requested it.  This allowed persons with disabilities to access mainstream services.  There were ongoing efforts to work with the national health insurance to see if beneficiary coverage could be expanded to include the cost of assistive technologies. 

At present, there was no training for law enforcement in mental health first aid.  The Government was working to ensure the relevant training was provided. Currently, the Government would call in specialised professionals, including psychiatrists, but it was important to train first responders as they were typically the first to arrive on the scene.  Palau was so small they could assign a specific health care professional to assist persons with disabilities when they came in for medical services.  The transition centre was intended only to be a temporary situation, while the State looked at longer term solutions for independent living.

Questions by Committee Experts

CHRISTOPHER NWANORO, Committee Vice-Chairperson and Taskforce Member for Palau, said persons with disabilities in Palau faced major barriers in accessing information.  How was the Government ensuring that freedom of speech and access to information, including the mass media, was available to persons with disabilities in Palau?  What efforts was the Government making to enable deaf persons to access information in the State party?

Persons with disabilities in Palau did not have equal access to education; what was the Government doing to provide an enabling environment for education for persons with disabilities, including for deaf and blind persons?  The Government should provide an enabling environment for everyone to enjoy education equally. 

How accessible was the medical environment for persons with disabilities?  Could blind people communicate with medical staff via braille? How was it ensured that all persons with disabilities could enjoy medical facilities in the hospitals?

What efforts was the Government of Palau making to ensure equal opportunities were provided when it came to employment for persons with disabilities?  For those working, what was being done to provide them with an enabling environment?  Were ramps and elevators available to allow them to navigate their workplaces?  What training was given to employers in this regard? 

Palau’s law said persons with mental and intellectual disabilities were not allowed to participate in elections, including voting.  Was there any percentage within the law mandating persons with disabilities to be elected to government positions?  If persons with disabilities wanted to vote, how accessible was the environment?  Were there ramps and sign language?  What was the Government doing to ensure that persons with disabilities were given a fair chance to participate in politics? 

What was Palau doing to ensure people with disabilities could access cultural life and leisure, including sports? Were people with disabilities in Palau participating in sports?  What efforts was the Government making to encourage their participation?

GERTRUDE OFORIWA FEFOAME, Committee Expert and Taskforce Member for Palau, asked how information on medical records, such as from institutions and mental health systems, was protected? How would data protection for persons with disabilities be strengthened, particularly for those with psychosocial or intellectual disabilities?

What specific initiatives were in place to strengthen awareness raising regarding persons with disabilities, particularly regarding the rights to family and parenthood?  How would it be ensured that persons with disabilities could start their own families or adopt children if they chose?

GEREL DONDOVDORJ, Committee Expert and Coordinator of the Taskforce for Palau, asked if there were plans to undertake an analysis of rehabilitation services, and ensure they were in line with the Convention?  Were there plans to develop a comprehensive strategy and policy around assistive devices and technologies? 

GERTRUDE OFORIWA FEFOAME, Committee Expert and Taskforce Member for Palau, said the majority of social protection actions in Palau happened at home.  What mechanisms were in place to support social protection and families and the disability-related expenses of individuals?  How would the Government address the lower level of disability pensions? What was being done to raise the disability pension?  Did persons with disabilities who worked in Palau still receive the disability allowance? 

Responses by the Delegation

The delegation said sign language and audio-visual equipment in schools and classrooms were among the State’s weak points.  Palau did provide equal opportunities for persons with disabilities to express themselves through the media, but the lack of sign language was an issue.  Work was being done with the Ministry of Education to equip teachers and schools, and then this would be branched out to the media. There had been two cases in Palau where youth with disabilities had graduated from high school and college through vocational studies.  Palau’s Ministry of Education received some funding from the United States Individuals with Disabilities Education Act, which was a starting point to train teachers. 

At present, Palau did not have training for doctors and teachers, but this was something the State was working on. Most clinics in the hospitals were designed to be accessible, but the main challenge was sign language.  Women and children with disabilities had free access to information, and a healthcare provider was assigned to every person with disability who came in.  The State recognised there was more to be done and was working to enhance this area. 

Legislation obligated the Government to ensure persons with disabilities had ramps in the places where they were hired and working.  This legislation just covered the public sector currently and was yet to cover the private sector, which was a shortfall.  There were around 33 persons with disabilities working in Palau’s Government, which was an impressive number considering the country’s population. Due to cultural beliefs in Palau, families of persons with disabilities sometimes did not encourage them to work due to fear of stigma and bullying, which was a challenge. 

Palau election personnel were not equipped to provide braille. Currently, if a person with a disability wished to vote, an election official had to vote for them which meant the voting was no longer private; the State was working to address this.  Palau would work to change the law on voting for persons with intellectual disabilities, as this was an outdated law.  Nothing barred persons with disabilities for running for public office.  There were no quotas in place for persons with disabilities to run for office in Palau. There were no political parties in Palau, everyone ran individually.  No one was barred from running for Government.

Discussions had been underway to join the Paralympics.  Palau would be hosting Pacific mini games, and there would be considerations for persons with disabilities to join such events.  Family members presented a challenge; they sometimes felt their family members with disabilities would be a source of shame to the family and prohibited them from participating publicly, particularly when it came to sports. The Government was working to help families feel confident in allowing their family members with disabilities to participate in the public view. 

Patient records and confidential information was closely safeguarded in the Ministry of Health and in clinics. This applied to all patient records, including for persons with disabilities.  It was expected the medical privacy act would be enacted in one to two years. 

Palau had an inclusive culture; there were no cultural barriers preventing persons with disabilities from getting married or raising children.  There were persons with disabilities in Palau who had birthed and raised children and enjoyed the fruits of a full family life, with community support. 

There were efforts to create an appropriate list of assistive products from the World Health Organization list, to ensure they were appropriate for the Pacific region.  Rehabilitation was still regarded as a medical or clinical service, which was a challenge.  A rehabilitation department was now going out to the community to train caregivers and family members to assist those with specific needs. 

Palau had the Severely Disabled Assistance Fund which had been increased in the past year, to ensure persons with disabilities could afford the cost of living.  There was a newly established child raising subsidy, provided to all Palau children under the age of 18.  The pension and social security amounts were always a hotly debated issue in Palau’s Congress.  The State would continue to push for an increase in funds for beneficiaries.  The Assistance Fund did not include deaf people, which was something which needed to be amended.  Palau was looking to increase the minimum wage this year, which would benefit persons with disabilities who were employed. 

Questions by Committee Experts

A Committee Expert asked how many persons with disabilities participated in tertiary education in Palau?  What kind of reasonable accommodations were provided to these students?  The Committee frowned upon the continued use of sheltered workshops to stimulate employment of persons with disabilities.  What was the extent of sheltered workshops in Palau and what was being done to remove them from the labour market?

Another Expert asked about the Government actions to ensure access to education for persons with disabilities. How were these being implemented? Were there any incentives for persons with disabilities to run for public office?  The Expert congratulated Palau’s involvement in the Paralympics. It was hoped this would be the first of many. 

An Expert asked if persons with disabilities were given the same wages as the rest of the population? 

One Committee Expert asked what Palau was doing to raise awareness in the population, so no one was left behind or neglected?  What was being done to put an end to discrimination against persons with disabilities? 

A Committee Expert asked if Palau had any experiences with accessible tourism, and if it was using this as a tool for economic growth?  Had Palau requested technical cooperation to increase the flow of tourists with disabilities?  Was Palau considering job creation and entrepreneurship for persons with disabilities? Had the State thought about establishing a national centre for arts and crafts which could showcase the products made by persons with disabilities? 

GERTRUDE OFORIWA FEFOAME, Committee Expert and Taskforce Member for Palau, asked if people working in Palau still received the disability allowance? 

GEREL DONDOVDORJ, Committee Expert and Coordinator of the Taskforce for Palau, asked if there were any plans to address policy areas regarding the right to vote for persons with intellectual disabilities? 

Responses by the Delegation

The delegation said Palau only had one community college which provided a two-year associate degree.  However, persons with disabilities did attend college, including one individual who graduated from a mechanics course.  The college was not entirely equipped, but did make accommodation for the specific needs of students. 

There were no agencies, companies or businesses which only employed persons with disabilities in Palau. Palau had a law which required all students to attend kindergarten to grade 12, including children with disabilities. Minimum wage laws in Palau applied to everyone, including persons with disabilities who received the same wage and tax refund benefits which applied to a certain band of salary earners. Overall, Palauan culture was very accepting.  Non-governmental organizations in Palau helped the Government to raise awareness in the community, ensuring inclusiveness in all events and policies. There was no specific budget for sports activities for persons with disabilities, but this was something the Government would look into.

Palau was regarded as a good tourism destination.  However, it was expensive to get there, and there were rarely tourists who were persons with disabilities.  The Government aimed to ensure their own citizens with disabilities were taken care of before tourists.  There were workshops with local crafts and a giftshop, where persons with disabilities could sell their artwork.  There was also a national museum and it could be a good idea to hold a special exhibition there for persons with disabilities. 

The Palau Severely Disabled Fund was for those who had no employment, and if they were gainfully employed, they lost this eligibility.  There were only two main non-governmental organizations in Palau working to represent persons with disabilities, but the population was small.  They were given the right to decide who they employed and who they allowed to represent them.  The Government did not want to overstep and dictate in this regard. 

Closing Remarks

JEFFREY ANTOL, Director, Bureau of Foreign Affairs and Trade, Ministry of State of Palau and head of the delegation, extended appreciation to the Committee and all those who had contributed to the dialogue.  Palau firmly believed that inclusion was not merely a policy goal, but a fundamental human right.  The enactment of the persons with disabilities act and the development of the national disability inclusive policy marked significant milestones in the journey towards full alignment with the Convention.  Palau was more convinced than ever of the urgent need to undertake legislative review and the importance of data and reporting, and would take steps to facilitate these actions.  The country remained steadfast in ensuring that no one was left behind.

GERTRUDE OFORIWA FEFOAME, Committee Expert and Taskforce Member for Palau, thanked the members of the delegation of Palau for their presence and the open dialogue with the Committee.  The State was commended for its commitment in working towards the implementation of the Convention.  The Committee acknowledged with interest the establishment of the Committee of Persons with Disabilities and looked forward to its action as planned.  There was a need for the State to strengthen systems and ensure effective and meaningful participation of persons with disabilities. The absence of a national human rights institution was a concern; the Committee urged Palau to consider its establishment in line with the Paris Principles.  From the goodwill expressed by the delegation, it was expected that the State would proactively ensure the implementation of the Committee’s recommendations.

 

 

 

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