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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
- EnglishA Council of Chiefs composed of a traditional chief from each of the states shall advise the President on matters concerning traditional laws, customs and their relationship to this Constitution and the laws of Palau. No person shall be a member of the Council of Chiefs unless he has been appointed and accepted as a chief in a traditional manner, and is recognized as such by the traditional council of chiefs of his state. No chief shall serve in the Council of Chiefs while serving as a member of the Olbiil Era Kelulau or the cabinet. (Art. VIII, Sec. 6)
Customary Law
- English(1) For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any other law, the Court of Appeal shall be duly constituted if it consists of not less than three Justices of the Court of Appeal and in the case of appeals from –
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(b) a Customary Court of Appeal, if it consists of not less than three Justices of Court of Appeal learned in Customary law. (Sec. 247)
Customary Law
- English(1) Parliament shall make provision for the application of laws, including customary laws.
(2) In making provision under this section, Parliament shall have particular regard to the customs, values and aspirations of the people of Solomon Islands. (Sec. 75)
Customary Law
- English(1) The institution, status and role of traditional leadership, according to customary law, are recognised, subject to the Constitution.
(2) A traditional authority that observes a system of customary law may function subject to any applicable legislation and customs, which includes amendments to, or repeal of, that legislation or those customs.
(3) The courts must apply customary law when that law is applicable, subject to the Constitution and any legislation that specifically deals with customary law. (Sec. 211)
Customary Law
- English
(1) The Preamble acknowledges that Tuvalu is an Independent State based on Christian principles, the Rule of Law, Tuvaluan values, culture and tradition, and respect for human dignity.
(2) This includes recognition of-
(a) the right to worship, or not to worship, in whatever way the conscience of the individual tells him; and
(b) the right to hold, to receive and to communicate opinions, ideas and information.
(3) Within Tuvalu, the freedoms of the individual can only be exercised having regard to the rights or feelings of other people, the Charter of Duties and Responsibilities in section 43 and to the effect on society.
(4) It may therefore be necessary in certain circumstances to regulate or place some restrictions on the exercise of those rights, if their exercise—
(a) may be divisive, unsettling or offensive to the people; or
(b) may directly threaten Tuvaluan values or culture.
(5) Subject to section 15 (definition of “reasonably justifiable in a democratic society”) nothing contained in a law or done under a law shall be considered to be inconsistent with section 23 (freedom of belief); or section 24 (freedom of expression); or section 25 (freedom of assembly and association); or section 26 (freedom of movement); or section 27 (freedom from discrimination) to the extent the law makes provision regulating or placing restrictions on any exercise of the right-
(a) to spread beliefs; or
(b) to communicate opinions, ideas and information;
(c) to assemble and associate with others;
(d) to move freely or reside within Tuvalu or to enter and to leave Tuvalu; or
(e) to not be discriminated against;
if the exercise of that right may otherwise conflict with subsection (4). (Sec. 29)
Customary Law
- EnglishThe law establishes the rules concerning:
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– the procedure following which customs [coutumes] are declared and harmonized with the fundamental principles of the Constitution;
… (Art. 84) - FrenchLa loi fixe les règles concernant :
...
- la procédure selon laquelle les coutumes seront constatées et mises en harmonie avec les principes fondamentaux de la Constitution ;
... (Art. 84)
Customary Law
- English
The rules concerning [the following] are of the domain of the law:
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- The procedure according to which customs [coutumes] will be recognized [constatees] and placed in harmony with the fundamental principles of the Constitution;
… (Art. 98) - French
Sont du domaine de la loi les règles concernant:
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- La procedure selon laquelle les coutumes seront constatées et mises en harmonie avec les principes fondamentaux de la Constitution;
… (Art. 98)
Customary Law
- English(1) Subject to the provisions of this article -
(a) no law shall make any provision that is discriminatory either of itself or in its effect; and
(b) no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.
(2) In this article the expression ‘discriminatory’ means affording different treatment to different persons attributable wholly or mainly to their or their parents’ or guardians’ respective descriptions by race, place of origin, political opinion, colour, creed, age, disability, marital status, sex, gender, language, birth, social class, pregnancy, religion, conscience, belief or culture whereby persons of one such description are subjected to disabilities or restrictions to which other persons of the same or another such description are not made subject or are accorded privileges or advantages which are not afforded to persons of another such description.
(3) Paragraph (1)(a) shall not apply to any law so far as that law makes provision -
…
(b) with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
… (Art. 149)
Customary Law
- English1. Land shall be delimited and classified as State land, customary land and such other classification, as prescribed.
… (Art. 254)
Customary Law
- EnglishThe customary and traditional rules governing the matrimonial regimes and inheritance may only be applicable with the consent of the parties concerned.
In default of consent, the national law alone is applicable.
It is the same in case of conflict between two [2] or more customary rules. (Art. 162) - Arabicلا يمكن تطبيق القواعد العرفية والتقليدية التي تحكم أنظمة الزواج والإرث إلا بموافقة الأطراف المعنية.
في غياب الموافقة، يكون القانون الوطني الوحيد الواجب تطبيقه.
يطبق القانون نفسه في حالة وجود تعارض بين قاعدتين [2] عرفيتين أو أكثر. (المادة 162) - FrenchLes règles coutumières et traditionnelles régissant les régimes matrimoniaux et les successions ne peuvent s'appliquer qu'avec le consentement des parties concernées.
A défaut de consentement, la loi nationale est seule applicable.
Il en est de même en cas de conflit entre deux (2) ou plusieurs règles coutumières. (Art. 162)