Koror, Palau – A bill proposed in the Palau Senate seeks to reinforce the legal authority of customary law, aligning government practices with the country’s constitution. Senate Bill 11-95, introduced by Senator Lentcer Basilius, aims to uphold Article V, Section 2 of the Constitution of the Republic of Palau, which establishes the equal standing of statutes and traditional law.
The proposed bill addresses instances where government actions have disregarded the principles of customary law. One example cited is the government’s failure to recognize the inherent validity of customary childcare arrangements, exclusively acknowledging court-ordered adoptions. The bill contends that such actions disrespect the recognized principles of customary law.
Furthermore, the bill seeks to clarify the status of customary law, emphasizing its “full force and effect of the law.”
“All agencies of the Republic of Palau shall give due respect for the status of customary law, and no role or regulation promulgated by any agency of the Republic of Palau shall be inconsistent with the customary law, except to the extent such inconsistency is mandated by a legal authority set out in section 301 of this chapter,” states the proposed amendment.
The proposed bill seeks to strengthen the recognition and application of customary law within the Palauan legal system, ensuring that government actions align with the country’s constitutional principles and traditional values.