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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) There shall be a Ntlo ya Dikgosi for Botswana which shall consist of not less than 33 nor more than 35 Members which shall be constituted as follows-
(a) one person from each of the following areas, which person for the time being performs the functions of the office of Kgosi in respect of such areas-
(i) Barolong Farms in the Southern District,
(ii) Chobe in the North West District,
(iii) Ga Malete in the South East District,
(iv) Ga Mmangwato in the Central District,
(v) Ghanzi District,
(vi) Goo Tawana in the North West District,
(vii) Kgalagadi District,
(viii) Kgatleng District,
(ix) Kweneng District,
(x) Ngwaketse in the Southern District,
(xi) North East District, and
(xii) Tlokweng in the South East District;
(b) five persons who shall be appointed by the President; and
(c) such number of persons, not being more than 20, as may be selected under section 78(4)(c) of this Constitution.
(2) Notwithstanding the provisions of subsection (1)(a), the number of persons referred to in that subsection may, by virtue of section 78 (5), be less than 12, but not less than 10. (Sec. 77)
Customary Law
- English1. A regional assembly may establish standing and other committees or organs for the efficient discharge of its functions.
2. The representatives of cultural interests shall constitute the standing committee on cultural matters.
3. The standing committee on cultural matters shall have, as against the rest of the members of the regional assembly, exclusive jurisdiction on the cultural matters of the region.
4. In this paragraph "cultural matters" include the following-
a. the choice and installation of a traditional leader or cultural leader;
b. all traditional and cultural matters relating to the traditional or cultural leader and to the institutions of the traditional leader or cultural leader as well as royal members of the traditional leadership;
c. the choice, appointment and succession to clan and subclan leadership;
d. clan, traditional and customary matters;
e. matters relating to cultural funeral rites, cultural succession and customary heirs;
f. cultural or traditional lands, sites, shrines and installations;
g. clan lands, sites, shrines and installations; and
h. traditional, customary and cultural practices which are consistent with this Constitution.
5. In carrying out its responsibilities under subparagraphs (3) and (4), the standing committee on cultural matters shall consult the traditional or cultural leader of the region as well as the relevant clan leaders.
6. A decision of the standing committee on cultural matters shall not be effective until the decision has been approved by the traditional or cultural leader of the region and, in the case of succession under subparagraph (4)(a), by the clan or cultural leader's council. (Fifth Schedule: Regional governments, Art. 3)
Customary Law
- English(1) The Minister responsible for local government shall appoint an Alkalo in consultation with the Regional Governors and District Seyfo or Chairperson of the Kanifing Municipal Council, as the case may be.
(2) The Minister shall, in making an appointment under subsection (1), take into account traditional lines of inheritance. (Sec. 59)
Customary Law
- English
The role of the 'Falekaupule', as the island traditional governing authority on each of the islands of Tuvalu, is hereby recognized. The 'Falekaupule' derives its authority from the island's culture, traditions and values and an Act of Parliament. (Sec. 140)
Customary Law
- EnglishThe State recognizes the existence of native peoples and communities, their social, political and economic organization, their cultures, practices and customs, languages and religions, … (Art. 119)
- SpanishEl Estado reconocerá la existencia de los pueblos y comunidades indígenas, su organización social, política y económica, sus culturas, usos y costumbres, idiomas y religiones, … (Art. 119)
Customary Law
- English(1) Everyone has the right to freedom of conscience, religion, thought, belief and opinion.
(2) Religious observances may be conducted at state or state-aided institutions, provided that-
(a) those observances follow rules made by the appropriate public authorities;
(b) they are conducted on an equitable basis; and
(c) attendance at them is free and voluntary.
(3) (a) This section does not prevent legislation recognising-
(i) marriages concluded under any tradition, or a system of religious, personal or family law; or
(ii) systems of personal and family law under any tradition, or adhered to by persons professing a particular religion.
(b) Recognition in terms of paragraph (a) must be consistent with this section and the other provisions of the Constitution. (Sec. 15)
Customary Law
- English...
(2) Except in relation to any act that is done under a valid law which accords with traditional standards, values and practices, any act that is done under a valid law but that in the particular case —
(a) is harsh or oppressive; or
(b) is not reasonable in the circumstances; or
(c) is otherwise not reasonably justifiable in a democratic society having a proper respect for human rights and dignity, is an unlawful act.
(3) The burden of showing that subsection (2) applies in respect of an act is on the party claiming that it does apply.
(4) Nothing in this section affects the operation of any other law under which an act may be held to be unlawful. (Sec. 12)
Customary Law
- English...
(5) There shall be a Council of Traditional Leaders to be established in terms of an Act of Parliament in order to advise the President on the control and utilization of communal land and on all such other matters as may be referred to it by the President for advice. (Art. 102)
Customary Law
- English
(1) Subject to the provisions of subsections (5), (6) and (9) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.
…
(4) In this section, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour, creed or sex 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.
(5) Subsection (1) of this section shall not apply to any law so far as that law makes provision-
…
(c) for the application, in the case of persons of any such description as is mentioned in the preceding subsection (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 that is the personal law applicable to persons of that description;
(d) for the application of customary law;
… (Sec. 15)8
Customary Law
- English
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- RECOGNIZING the customary and traditional leadership [chefferie] as [a] moral authority[,] depository of the customs and of the traditions in our society;
… (Preamble) - French
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RECONNAISSANT la chefferie coutumière et traditionnelle en tant qu’autorité morale dépositaire des coutumes et des traditions dans notre société;
… (Préambule)