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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.
ABOUT 4189 RESULTS
Customary Law
Zimbabwe
- EnglishAn Act of Parliament must provide for the following, in accordance with the prevailing culture, customs, traditions and practices of the communities concerned—
(a) the appointment, suspension, succession and removal of traditional leaders;
(b) the creation and resuscitation of chieftainships; and
(c) the resolution of disputes concerning the appointment, suspension, succession and removal of traditional leaders; but—
(i) the appointment, removal and suspension of Chiefs must be done by the President on the recommendation of the provincial assembly of Chiefs through the National Council of Chiefs and the Minister responsible for traditional leaders and in accordance with the traditional practices and traditions of the communities concerned;
(ii) disputes concerning the appointment, suspension and removal of traditional leaders must be resolved by the President on the recommendation of the provincial assembly of Chiefs through the Minister responsible for traditional leaders;
(iii) the Act must provide measures to ensure that all these matters are dealt with fairly and without regard to political considerations;
(iv) the Act must provide measures to safeguard the integrity of traditional institutions and their independence from political interference. (Sec. 283)
Customary Law
Ghana
- English(1) Subject to clause (2) of this article, the State shall take steps to encourage the integration of appropriate customary values into the fabric of national life through formal and informal education and the conscious introduction of cultural dimensions to relevant aspects of national planning.
(2) The State shall ensure that appropriate customary and cultural values are adapted and developed as an integral part of the growing needs of the society as a whole; and in particular that traditional practices which are injurious to the health and well-being of the person are abolished.
… (Art. 39)
Customary Law
Malawi
- English...
2. Any law that discriminates against women on the basis of gender or marital status shall be invalid and legislation shall be passed to eliminate customs and practices that discriminate against women, particularly practices such as—
a. sexual abuse, harassment and violence;
b. discrimination in work, business and public affairs; and
c. deprivation of property, including property obtained by inheritance. (Sec. 24)
Customary Law
Rwanda
- EnglishThe State has the duty to safeguard and promote national values based on cultural traditions and practices so long as they do not conflict with human rights, public order and good morals.
… (Art. 47) - KinyarwandaLeta ifite inshingano zo kurengera no guteza imbere indangagaciro z'Igihugu zishingiye ku mibereho no ku mitekerereze ndangamuco ndetse no ku biranga umuco w’Igihugu muri rusange, mu gihe bitabangamiye uburenganzira bwa muntu, ituze rusange rya rubanda n’imyifatire ndangabupfura.
… (Ingingo ya 47) - FrenchL’Etat a le devoir de sauvegarder et de promouvoir les valeurs nationales fondées sur les traditions et pratiques culturelles dans la mesure où elles ne sont pas contraires aux droits de la personne, à l’ordre public et aux bonnes mœurs.
… (Art. 47)
Customary Law
Chad
- EnglishThe traditional and customary authorities are the guarantors of use and custom. (Art. 217)
- Arabicالسلطات العرفية والتقليدية هي ضامنة التقاليد والأعراف. (المادة 217)
- FrenchLes Autorités Traditionnelles et Coutumières sont les garants des us et coutumes. (Art. 217)
Customary Law
South Sudan
- English...
7. Rights in land and resources owned, held or otherwise acquired by the Government shall be exercised through the appropriate or designated level of government which shall recognize customary land rights under customary land law.
8. All levels of government shall institute a process to progressively develop and amend the relevant laws to incorporate customary rights and practices and local heritage.
… (Art. 171)
Customary Law
Gambia
- English…
(3) Every citizen of The Gambia being of the age of eighteen years or older and of sound mind shall be entitled, in accordance with the provisions of this Chapter10 and any Act of the National Assembly providing for such elections to vote in elections for local government authorities and traditional rulers in the area in which he or she is ordinarily resident. (Sec. 39)
Customary Law
Zambia
- English...
2. In exercising judicial authority, the courts shall be guided by the following principles:
…
d. alternative forms of dispute resolution, including traditional dispute resolution mechanisms, shall be promoted, subject to clause (3);
...
3. Traditional dispute resolution mechanisms shall not—
a. contravene the Bill of Rights;
b. be inconsistent with other provisions of this Constitution or other written law; or
c. be repugnant to justice and morality. (Art. 118)
Customary Law
South Africa
- 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
Botswana
- English...
(2) The National Assembly shall not proceed upon any Bill (including any amendment to a Bill) that, in the opinion of the person presiding, would, if enacted, alter any of the provisions of this Constitution or affect-
(a) the designation, recognition, removal of powers of Dikgosi or Dikgosana
(b) the organization, powers or administration of customary courts;
(c) customary law, or the ascertainment or recording of customary law; or
(d) tribal organization or tribal property,
unless-
(i) a copy of the Bill has been referred to the Ntlo ya Dikgosi after it has been introduced in the National Assembly; and
(ii) a period of 30 days has elapsed from the date when the copy of the Bill was referred to the Ntlo ya Dikgosi. (Sec. 88)