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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.
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Customary Law
Malawi
- EnglishExcept in so far as they are inconsistent with this Constitution, all Acts of Parliament, common law and customary law in force on the appointed day shall continue to have force of law, as if they had been made in accordance with and in pursuance of this Constitution:
Provided that any laws currently in force may be amended or repealed by an Act of Parliament or be declared unconstitutional by a competent court. (Sec. 200)
Customary Law
Uganda
- English1. The judicial power of Uganda shall be exercised by the courts of judicature which shall consist of-
…
d. such subordinate courts as Parliament may by law establish, including qadhis courts for marriage, divorce, inheritance of property and guardianship, as may be prescribed by Parliament.
… (Art. 129)
Customary Law
Nigeria
- English…
61. The formation, annulment and dissolution of marriages other than marriages under Islamic law and Customary law including matrimonial causes relating thereto.
… (Second Schedule – Legislative Powers, Part I – Exclusive Legislative List)
Customary Law
Gambia
- English(1) The President shall appoint a District Seyfo in consultation with the Minister responsible for Local Government.
(2) The Minister responsible for Local Government may, in consultation with the Regional Governors, make recommendations to the National assembly for the creation of new Seyfo Districts. (Sec. 58)
Customary Law
Lesotho
- English1. Subject to the provisions of subsections (4) and (5) no law shall make any provision that is discriminatory either of itself or in its effect.
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3. In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
4. Subsection (1) shall not apply to any law to the extent that that law makes provision—
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b. for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons of that description;
c. for the application of the customary law of Lesotho with respect to any matter in the case of persons who, under that law, are subject to that law;
… (Sec. 18)
Customary Law
Congo, Democratic Republic of the
- EnglishWithout prejudice to the other provisions of this Constitution, the following matters are of the concurrent competence of the Central Power and the Provinces:
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2. the civil and customary rights;
… (Art. 203) - FrenchSans préjudice des autres dispositions de la présente Constitution, les matières suivantes sont de la compétence concurrente du Pouvoir central et des provinces:
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2. les droits civils et coutumiers;
… (Art. 203)
Customary Law
Niger
- EnglishThe State recognizes the traditional leadership [chefferie] as the depositary of customary authority. As such, it participates in the administration of the territory of the Republic in the conditions determined by the law.
The traditional leadership is held to a strict obligation of neutrality and reserve. It is protected against any abuse of power tending to divert it from the role conferred on it by the law. (Art. 167) - FrenchL’Etat reconnaît la chefferie traditionnelle comme dépositaire de l’autorité coutumière. A ce titre, elle participe à l’administration du territoire de la République dans les conditions déterminées par la loi.
La chefferie traditionnelle est tenue à une stricte obligation de neutralité et de réserve. Elle est protégée contre tout abus de pouvoir tendant à la détourner du rôle que lui confère la loi. (Art. 167)
Customary Law
Liberia
- 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
Zambia
- EnglishThe institution of chieftaincy—
a. is a corporation sole with perpetual succession and capacity to sue and be sued; and
b. has capacity to hold property in trust for its subjects. (Art. 166)
Customary Law
Zimbabwe
- EnglishThe Constitutional Court, the Supreme Court and the High Court have inherent power to protect and regulate their own process and to develop the common law or the customary law, taking into account the interests of justice and the provisions of this Constitution. (Sec. 176)