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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
- EnglishThe Congress may establish, when needed, a Chamber of Chiefs consisting of traditional leaders from each state having such leaders, and of elected representatives from states having no traditional leaders. The constitution of a state having traditional leaders may provide for an active, functional role for them. (Art. V, Sec. 3)
Customary Law
- English...
2. Every person who is charged with a criminal offence—...
d. shall unless legal aid is granted him in accordance with the law enacted by Parliament for such purpose be permitted to defend himself before the court in person, or at his own expense, by a legal representative of his own choice;
…
12. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of—
…
b. paragraph (d) of clause (2) to the extent that it is shown that the law in question prohibits legal representation before a subordinate court in proceedings for an offence under Zambian customary law, being proceedings against any person who, under that law, is subject to that law;
… (Art. 18)
Customary Law
- English...
b. The Legislature shall enact laws to govern the devolution of estates and establish rights of inheritance and descent for spouses of both statutory and customary marriages so as to give adequate protection to surviving spouses and children of such marriages. (Art. 23)
Customary Law
- English
(1) There shall be a Land and Titles Court comprising of:
(a) Land and Titles First Court;
(b) Land and Titles High Court; and
(c) Land and Titles Court of Appeal and Review,
and all appointments and with such jurisdiction in relation to matai title and customary lands provided in this 'Part IX Land and Titles Court' of the Constitution, or an Act of Parliament.
(2) The Courts in this Part IX Land and Titles Court has special jurisdiction, it governs a legal system different and separate from that of the Civil and Criminal Courts in Part VI; and has special individual jurisdiction over the subject of Samoan customs and usages in relation to matai titles and customary lands.
(3) All persons are entitled to the protection of their custom rights the subject of the jurisdiction of the courts in this Part. (Art. 104) - Samoan
(1) O le a i ai se Faamasinoga o Fanua ma Suafa e aofia ai:
(a) Faamasinoga Muamua o Fanua ma Suafa;
(b) Faamasinoga Maualuga o Fanua ma Suafa; ma le
(c) Faamasinoga o Talosaga ma Iloiloga o Fanua ma Suafa,
ma tofiga ma lana puleaga faatatau i mataupu e faasino i suafa matai ma eleele faa-le-aganuu ua aiaia i lenei 'Vaega IX Faamasinoga o Fanua ma Suafa' o le Faavae, po o se Tulafono a le Palemene.
(2) O Faamasinoga i lenei Vaega IX Faamasinoga o Fanua ma Suafa, e i ai puleaga faapitoa, na te puleaina se faiga faaletulafono ese ma e tu ese mai i Faamasinoga o Mataupu Tau le Va o Tagata ma Solitulafono o i ai i le Vaega VI; ma e i ai le puleaga toatasi faapitoa i mataupu tau i tu ma aganuu faa-Samoa ma Jo latou faaaogaina e faatatau i suafa matai ma eleele faa-le-aganuu.
(3) E agavaa tagata uma i le puipuiga o a latou aia tatau i aganuu faa-Samoa, o le mataupu autu o le puleaga a Faamasinoga i lenei Vaega. (Mataupu 104)
Customary Law
- English(1) There is a National Council of Chiefs constituted in accordance with an Act of Parliament, to represent all Chiefs in Zimbabwe.
(2) An Act of Parliament must establish for each province, other than the metropolitan provinces, a provincial assembly of Chiefs consisting of the Chiefs in that province.
(3) So far as practicable the Chiefs in each province must be equitably represented in the National Council of Chiefs.
(4) Elections of the President, Deputy President and members of the National Council of Chiefs must be conducted by the Zimbabwe Electoral Commission.
(5) Each provincial assembly of Chiefs must elect, in accordance with the Electoral Law, Chiefs to represent the province in the Senate in terms of section 120(1)(b).
(6) The President and Deputy President of the National Council of Chiefs are elected for a term of five years and are eligible for re-election for one further such term, but a person who has served two terms as Deputy President is eligible for election as President.
(7) An Act of Parliament must provide for—
(a) the election of Chiefs to the National Council of Chiefs, and the qualifications and disqualifications of candidates for election;
(b) the oath of office to be taken by members of the National Council of Chiefs and provincial assemblies of Chiefs;
(c) the tenure of office of members of the National Council of Chiefs;
(d) the remuneration, pension and other benefits of the President, Deputy President and members of the National Council of Chiefs;
(e) the procedure to be followed at meetings of the National Council of Chiefs and provincial assemblies of Chiefs; and
(f) the establishment of a secretariat for the National Council of Chiefs and provincial assemblies of Chiefs. (Sec. 285)
Customary Law
- English
...
3. While believing that Tuvalu must take its rightful place amongst the community of nations in search of peace and the general welfare, nevertheless the people of Tuvalu recognize and affirm, with gratitude to God, that the stability of Tuvaluan society and the happiness and welfare of the people of Tuvalu, both present and future, depend very largely on the maintenance of Tuvaluan values, culture and tradition, including the vitality and the sense of identity of island communities and attitudes of co-operation, self-help and unity within and amongst those communities.
4. Amongst the values that we the people of Tuvalu seek to maintain are those embodied in our traditional forms of community, the Falekaupule, and the strength and support of the family and family discipline.
5. In government, and in social affairs generally, the guiding principles of Tuvalu are
- agreement, courtesy and the search for consensus, in accordance with traditional Tuvaluan procedures, rather than alien ideas of confrontation and divisiveness;
- the need for mutual respect and co-operation between the different kinds of authorities concerned, including the central Government, the traditional authorities, local governments and authorities, and the religious authorities.
6. Therefore, the life and the laws of Tuvalu should be based on respect for Christian principles, Tuvaluan values and culture, the Rule of Law and human dignity.
7. The people of Tuvalu recognize that in a changing world, and with changing needs, the manner and form of the expression of these principles and values may change, but the Constitution must recognise their fundamental importance to the life of Tuvalu and, where necessary, reinforce them.
… (Principles of the Constitution)7
Customary Law
- EnglishThe government of the rural native indigenous autonomies is exercised through their own norms and forms of organization, with the name that corresponds to each town, nation or community, as established in their statutes and subject to the Constitution and the law. (Art. 296)
- SpanishEl gobierno de las autonomías indígena originario campesinas se ejercerá a través de sus propias normas y formas de organización, con la denominación que corresponda a cada pueblo, nación o comunidad, establecidas en sus estatutos y en sujeción a la Constitución y a la Ley. (Art. 296)
Customary Law
- English
The freedom of belief, of non-belief, of conscience, of religious opinion, [of] philosophy, of exercise of belief, the freedom of assembly, the free practice of custom as well as the freedom of procession and of demonstration, are guaranteed by this Constitution, under reserve of respect for the law, for public order, for good morals and for the human person. (Art. 7)
- French
La liberté de croyance, de non croyance, de conscience, d’opinion religieuse, philosophique, d’exercice de culte, la liberté de réunion, la pratique de la coutume ainsi que la liberté de cortège et de manifestation sont garanties par la présente Constitution, sous réserve du respect de la loi, de l’ordre public, des bonnes mœurs et de la personne humaine. (Art. 7)
Customary Law
- English(1) Both the customary law and the common law of Namibia in force on the date of Independence shall remain valid to the extent to which such customary or common law does not conflict with this Constitution or any other statutory law.
(2) Subject to the terms of this Constitution, any part of such common law or customary law may be repealed or modified by Act of Parliament, and the application thereof may be confined to particular parts of Namibia or to particular periods. (Art. 66)
Customary Law
- EnglishParliament, after consultation with the Malvatumauri Council of Chiefs, shall provide for the implementation of Articles 73, 74 and 75 in a national land law and may make different provision for different categories of land, one of which shall be urban land. (Art. 76)
- FrenchUne loi foncière nationale, votée par le Parlement après consultation du Conseil des Chefs Malvatumauri, met en œuvre les prescriptions des articles 73, 74 et 75. Cette loi peut prévoir des dispositions différentes selon les catégories de terres, l'une d'entre elles étant constituée par la propriété urbaine. (Art. 76)