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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
- English(1) The Traditional Rights Court shall be a court of record; shall consist of panels of 3 or more judges selected so as to include a fair representation of all classes of land rights,9 including, where applicable, the Iroijiaplap, Iroijedrik, Alap and Dri Jerbal; and shall sit at such times and places and be chosen on such a geographical basis, as to ensure fair and knowledgeable exercise of the jurisdiction conferred by this Section.
(2) The size, membership and procedures of the Traditional Rights Court shall be consistent with paragraph (1) of this Section, and shall be determined by the High Court unless and until the Nitijela makes provision for those matters by Act.
(3) The jurisdiction of the Traditional Rights Court shall be limited to the determination of questions relating to titles or to land rights or to other legal interests depending wholly or partly on customary law and traditional practice in the Republic of the Marshall Islands.
(4) The jurisdiction of the Traditional Rights Court may be invoked as of right upon application by a party to a pending judicial proceeding; but only if the court in which such proceeding is pending certifies that a substantial question has arisen within the jurisdiction of the Traditional Rights Court.
(5) When a question has been certified to the Traditional Rights Court for its determination under paragraph (4), its resolution of the question shall be given substantial weight in the certifying court’s disposition of the legal controversy before it; but shall not be deemed binding unless the certifying court concludes that justice so requires. (Art. VI, Sec. 4)
Customary Law
- EnglishA Matai title shall be held in accordance with Samoan custom and usage and with the law relating to Samoan custom and usage. (Art. 100)
- SamoanO le a faaaogaina se suafa Matai e talafeagai ai ma aganuu faa-Samoa ma lo latou faaaogaina ma e tusa ai ma le tulafono, e uiga i aganuu faa-Samoa ma lo latou faaaogaina. (Mataupu 100)
Customary Law
- EnglishThe government shall take no action to prohibit or revoke the role or function of a traditional leader as recognized by custom and tradition which is not inconsistent with this Constitution, nor shall it prevent a traditional leader from being recognized, honored, or given formal or functional roles at any level of government. (Art. V, Sec. 1)
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) Under this Constitution every person has the following fundamental duties and responsibilities to themselves, their dependents, and others –
(a) to respect society, communities, islands, leaders, and cultural practices and norms; to know their duties and roles in society despite different religious beliefs and practices,
...
(c) in the case of parents, to care for and not neglect their children, and to teach children to uphold their duties, Tuvaluan ways of life, and Christian principles;
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(f) in the case of religious leaders, to respect Island Community customs and traditions, ...
(g) In the case of leaders, to respect Island Community customs and traditions;
... (Sec. 43)
Customary Law
- EnglishUntil Parliament makes other provision under the preceding section, the provisions of Schedule 3 to this Constitution shall have effect for the purpose of determining the operation in Solomon Islands -
(a) of certain Acts of the Parliament of the United Kingdom mentioned therein;
(b) of the principles and rules of the common law and equity;
(c) of customary law; and
(d) of the legal doctrine of judicial precedent. (Sec. 76)
Customary Law
- EnglishWE THE PEOPLE OF PAPUA NEW GUINEA-
…
- acknowledge the worthy customs and traditional wisdoms of our people which have come down to us from generation to generation
- pledge ourselves to guard and pass on to those who come after us our noble traditions and the Christian principles that are ours now.
… (Preamble)
Customary Law
- EnglishThere shall be but one law in Tonga for chiefs and commoners for non-Tongans and Tongans. No laws shall be enacted for one class and not for another class but the law shall be the same for all the people of this land. (Clause 4)
- Tongan‘E taha pe ‘a e lao ‘o Tonga ni ki he hou‘eiki mo e me‘avale ki he fa‘ahinga kakai kotoa pe ‘oku ‘ikai ko e Tonga mo e Tonga. ‘E ‘ikai fokotu‘u ha lao ‘i he fonua ni ki ha fa‘ahinga pea tuku ha fa‘ahinga ka ‘e taha pe mo mamafa tatau pe ki he kakai kotoa pe ‘o e fonua ni. (Kupu 4)
Customary Law
- EnglishNothing in this Constitution takes away a role or function of a traditional leader as recognized by custom and tradition, or prevents a traditional leader from being recognized, honored, and given formal or functional roles at any level of government as may be prescribed by this Constitution or by statute. (Art. V, Sec. 1)
Customary Law
- English
1. Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, disability, or sex, to the following fundamental rights and freedoms:-
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(2) The rights and freedoms referred to in subsection (1) can, in Tuvaluan society, be exercised only –
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(b) in acceptance of Tuvaluan values and culture, and with respect for them.
… (Sec. 11)