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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
Customary Law
- EnglishCultural and customary values which are consistent with fundamental rights and freedoms, human dignity, democracy and with the Constitution may be developed and incorporated in aspects of Ugandan life.
The State shall-
a. promote and preserve those cultural values and practices which enhance the dignity and well-being of Ugandans;
… (National Objectives and Directive Principles of State Policy, XXIV)
Customary Law
- EnglishThe rules of custom shall form the basis of ownership and use of land in the Republic of Vanuatu. (Art. 74)
- FrenchDans la République, les règles coutumières constituent le fondement des droits de propriété et d'usage des terres. (Art. 74)
Customary Law
- English…
(2) A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status.
(3) For the purposes of this article, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description.
(4) Nothing in this article shall prevent Parliament from enacting laws that are reasonably necessary to provide—
…
(b) for matters relating to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
… (Art. 17)
Customary Law
- English(1) The institution of chieftaincy, together with its traditional councils as established by customary law and usage, is hereby guaranteed.
(2) Parliament shall have no power to enact any law which—
(a) confers on any person or authority the right to accord or withdraw recognition to or from a chief for any purpose whatsoever; or
(b) in any way detracts or derogates from the honour and dignity of the institution of chieftaincy.
(3) Nothing in or done under the authority of any law shall be held to be inconsistent with, or in contravention of, clause (1) or (2) of this article if the law makes provision for—
(a) the determination, in accordance with the appropriate customary law and usage, by a traditional council, a Regional House of Chiefs or the National House of Chiefs or a Chieftaincy Committee of any of them, of the validity of the nomination, election, selection, installation or deposition of a person as a chief;
(b) a traditional council or a Regional House of Chiefs or the National House of Chiefs to establish and operate a procedure for the registration of chiefs and the public notification in the Gazette or otherwise of the status of persons as chiefs in Ghana. (Art. 270)
Customary Law
- English...
Second: The State shall seek the advancement of the Iraqi clans and tribes, shall attend to their affairs in a manner that is consistent with religion and the law, and shall uphold their noble human values in a way that contributes to the development of society. The State shall prohibit the tribal traditions that are in contradiction with human rights. (Art. 45) - Arabic…
ثانياً :ـ تحرص الدولة على النهوض بالقبائل والعشائر العراقية، وتهتم بشؤونها بما ينسجم مع الدين والقانون، وتعزز قيمها الإنسانية النبيلة، بما يساهم في تطوير المجتمع، وتمنع الاعراف العشائرية التي تتنافى مع حقوق الانسان. (المادة 45)
Customary Law
- English(1) A bill (including any amendment to a bill) which, in the opinion of the presiding officer would affect or alter any matter regulated in terms of this section shall only be introduced in the Senate.
(2) Where a bill, in terms of this section, is duly introduced the Senate shall not proceed to the Second Reading of that bill until
(a) a copy of that bill has been sent by the President to the Council of Chiefs, and
(b) a period of sixty days has elapsed since the copy was sent to the Council in terms of paragraph (a).
(3) Subject to the provisions of subsection (4), where a bill affecting or altering any of the matters referred to in this section has been introduced in and passed by the Senate and has been sent to the House at least sixty days before the end of the session but has not within that period been passed by both Chambers, the bill shall be referred to a joint sitting of the Senate and the House in accordance with the provisions of the First Schedule.
(4) A bill having been duly introduced in and passed by the Senate shall not be referred to a joint sitting in terms of subsection (3) where the bill
(a) has been sent to the House at least sixty days before the end of the session, and
(b) has not been considered by the House within sixty days after the bill is so sent,
but shall, unless the Senate otherwise agrees, be presented to the King for assent.
(5) A bill shall not be presented to the King for assent in terms of subsection (4) unless the Senate so resolves by two-thirds majority of all the Senators.
(6) The provisions of this section apply to a bill which, in the opinion of the presiding officer would, if enacted, alter or affect
(a) the status, powers or privileges, designation or recognition of the Ngwenyama, Ndlovukazi or Umntfwanenkhosi Lomkhulu;
(b) the designation, recognition, removal, powers, of chief or other traditional authority;
(c) the organisation, powers or administration of Swazi (customary) courts or chiefs’ courts;
(d) Swazi law and custom, or the ascertainment or recording of Swazi law and custom;
(e) Swazi nation land; or
(f) Incwala, Umhlanga (Reed Dance), Libutfo (Regimental system) or similar cultural activity or organisation.
(7) Subject to the provisions of this section, the matters listed under subsection (6) shall continue to be regulated by Swazi law and custom. (Sec. 115)
Customary Law
- English
…
- Indigenous law and customary law, subject to Chapter 129 of the Constitution
… (Schedule 4, Functional Areas of Concurrent National and Provincial Legislative Competence, Part A)
Customary Law
- English
The communities of the Caribbean Coast have the inalienable right to live and to develop themselves under the political-administrative, social and cultural form of organization that correspond to their historic and cultural traditions.
The members of the Autonomous Regional Councils will be elected by the People through universal, equal, direct, free and secret suffrage for a term [periodo] of five years, in accordance with the law.
The State guarantees to these communities the benefits of their natural resources, the effectiveness of their forms of community ownership and the free election of their authorities and representatives.
In the same way, it guarantees the preservation of their cultures and languages, religions and customs. (Art. 180) - Spanish
Las comunidades de la Costa Caribe tienen el derecho inalienable de vivir y desarrollarse bajo la forma de organización político-administrativa, social y cultural que corresponde a sus tradiciones históricas y culturales.
Los miembros de los Consejos Regionales Autónomos serán elegidos por el pueblo mediante el sufragio universal, igual, directo, libre y secreto por un período de cinco años, de conformidad con la ley.
El Estado garantiza a estas comunidades el disfrute de sus recursos naturales, la efectividad de sus formas de propiedad comunal y la libre elección de sus autoridades y representantes.
Asimismo, garantiza la preservación de sus culturas y lenguas, religiones y costumbres. (Art. 180)
Customary Law
- EnglishThe validity and legal force of custom which does not contradict the Constitution and does not threaten human dignity shall be recognised. (Art. 7)
- PortugueseÉ reconhecida a validade e a força jurídica do costume que não seja contrário à Constituição nem atente contra a dignidade da pessoa humana. (Art. 7)
Customary Law
- English…
(4) where a compulsory acquisition of land by or on behalf of the Government involves the displacement of any inhabitant who occupy the land under customary law, the Government shall resettle the displaced inhabitants on suitable alternative land with due regard to their economic well-being and social and cultural values.
… (Sec. 22)