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Palau - Government

Palau is a constitutional republic. Voters elect the president, vice president, and members of the legislature (House of Delegates) for four-year terms. Civilian authorities maintained effective control over the security forces. The most significant human rights issues included domestic violence and violence against women. The government took steps to prosecute officials who committed abuses, although it did not punish any officials for involvement in human trafficking offenses.

Palau has a constitutional government in free association with the United States. The Compact of Free Association was entered into with the United States on October 1, 1994, also marking Palau’s independence. Palau has three branches of government. The President is directly-elected and serves a four year term. The President and Vice-President run on separate tickets. The Council of Chiefs, comprised of the highest traditional chiefs from each state, acts in an advisory capacity to the President on traditional laws and customs.

The legislative branch, the Olbiil Era Kelulau (Palau National Congress), consists of two chambers, the Senate and House of Delegates. All legislators serve four year terms. The judicial system consists of the Supreme Court, the Court of Common Pleas, and the Land Court. The Supreme Court has trial and appellate divisions and is presided over by the Chief Justice. Judges are appointed to life terms by the President with approval from Palau’s National Congress.

Each of Palau’s 16 states also elects its own governor and legislature.

On 15 January 2009 Palau's eighth constitutional government was inaugurated into office. The ceremonies began with the installation of the Senate and the House of Delegates followed by the swearing-in of President Johnson Toribiong and Vice President Kerai Mariur. The inauguration of this President represented the first time the power of Palau's executive branch has eluded the grasp of the Nakamura-Remengesau political clique since independence. In focusing on self-reliance in his inaugural speech, Toribiong, who has an excellent understanding of the Compact of Free Association, demonstrated his comprehension of the magnitude of the challenges his administration is inheriting from his predecessors.

In November 2016 voters re-elected Tommy E. Remengesau, Jr. president for a four-year term in a generally free and fair election. The elections returned 13 incumbents to the 16-member House of Delegates and 8 to the 13-member Senate (see note). Two women were elected to the House of Delegates, for the first time since 1981 (prior to the country's independence in 1994). Two of the three outgoing women senators were re-elected. 25-year-old Aric Nakamura, the son of former President Kuniwo Nakamura, became the youngest person to be elected to the Senate.

With no political parties in Palau, there was no nation-wide election campaigning. Presidential candidates focused on the economy and measures to boost tourism. President Tommy Remengesau defeated his brother-in-law, Senator Surangel Whipps Jr., to win a fourth term.

The Reapportionment Commission publishes every eight years a redistricting plan for the Senate, which becomes law upon publication. On 27 June 2016, the Reapportionment Commission published its Reapportionment Plan, stating that there would be 13 senators and one senatorial district, i.e., the same as the outgoing Senate. A group of citizens petitioned the Supreme Court to review the Commission's decision, on the grounds that the population decreased by around 12% since 2005. On 1 September, the Court ruled that the number of senators should be reduced from 13 to 11, to be elected from one district. However, on 17 October, the Supreme Court reversed its judgment on appeal and upheld the decision of the Reapportionment Commission. Consequently, the new legislature contains 13 senators, as before.

H.R. 4531 would rectify the long-outstanding implementation of the Compact which was renewed in 2010, and has yet to be approved by Congress. The Compact provides economic support to Palau, while allowing the U.S. to maintain its economic influence and national security interests in that region of the Pacific.

The Ministry of Justice maintained effective control over the national police and marine police, and the government has effective mechanisms to investigate and punish abuse and corruption. There were no reports of impunity involving security forces.

The law requires warrants for arrests, and officials observed the law. The Office of the Attorney General prepares warrants and a judge signs them. The law provides for a prompt judicial determination of the legality of detention, a requirement authorities observed. Authorities informed detainees promptly of charges against them and provided prompt access to family members and lawyers. If a detainee could not afford a lawyer, the public defender or a court-appointed lawyer was available. There is a functioning system of bail.

An arrested person has the right to remain silent and to speak to and receive visits from counsel, a family member, or employer. Authorities must release or charge those arrested within 24 hours, and authorities must inform detainees of these rights.

As voters in Palau head to the polls 03 November 2020 to elect their new leader, the Taiwanese government expected to maintain a strong relationship with its Pacific ally regardless of the results. Tommy Esang Remengesau, who had been friendly with Taiwan and the U.S., is reaching the end of his eight-year tenure. Two independents competed for the top job: Vice President Raymond Oilouch and businessman Surangel Whipps Jr., who is also Remengesau's brother-in-law. Both candidates were expected to continue the nation's existing foreign policy, including recognition of Taiwan, if elected. They would be tasked with reviving Palau's economy while keeping its society free from coronavirus.

On 21 November 2020 Surangel Whipps Jr. was elected as the tenth President of the Republic of Palau. Whipps, who received significantly more votes than Oilouch in their primary election in September, had urged Taiwan to provide more support to Palau amid the pandemic. Meanwhile, his opponent believed it was important for the new administration to pursue assistance from the U.S. as well as China since the small nation should "have no enemies."

For the senatorial race, the top 13 winners are Mason Whipps who garnered 7, 099 votes, the other winning senators are Steven Kuartei, Andrew Tabelual, Mark Rudimch, Rukebai Inabo, Hokkons Baules, K. Topps Sungino, TJ Remengesau, Umiich Sengebau, Jonathan Isechal, Kerai Mariur, Cecilia Elbedechel and Regis Akitaya. There are six new faces in the incoming Senate with seven of the incumbents winning a reelection. For the House of Delegates seat, most of the incumbents kept their seats including Speaker Sabino Anastacio.

Outgoing Palau President Tommy Remengesau Jr. handed over the governance of the island nation to President-elect Surangel Whipps Jr. during the inauguration 21 January 2021. It was a ceremony steeped in tradition, with speeches from local leaders and a traditional chant of leadership called ‘chesols’ marking the change. Palau’s closest regional allies such as the ambassadors of the United States, Australia, Japan, and Taiwan witnessed the leadership transition. Taiwan’s Foreign Minister Joseph Wu also flew in from Taipei to attend the inauguration. In his inaugural speech, the new President reaffirmed the nation’s commitment to uphold the close alliance and emphasized the vital role these nations played in Palau’s development throughout the years and resilience during the pandemic.

Palau’s President Surangel Whipps Jr. secured another term in office after defeating former President Tommy Remengesau Jr. in its 05 Novembe 2024 election that was closely monitored. Palau sits on the front line of competition for geopolitical influence between the United States and China in the Pacific Ocean. While election authorities still haven’t finished counting absentee ballots, Whipps has won the vote with one of the biggest margins in Palau’s electoral history, 57.5%. Remengesau, who is Whipps’ brother-in-law, took 41.3%. Whipps thanked supporters for allowing him to continue “building on the progress” that his administration has achieved over the last four years. “Your decision to grant me a second term as president is a responsibility I hold with the utmost respect,” he said in a statement. The president can only have two consecutive four-year terms and must step down after that, but he can run again after a four-year gap in between. Remengesau has served a total of four terms already.

During his first term, Whipps repeatedly said “presence is deterrence,” referring to the increased U.S. military presence in Palau, and characterized the Pacific island country as “part of the U.S. homeland” when it comes to security. “Since Palau is small, having the protection of the United States is important because we see what’s happening now in the South China Sea between the Philippines and China,” he said during an interview at his office in Koror, Palau.