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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
Central African Republic
- English…
It recognizes and protects the traditional values in accordance with the law and the Customary Authorities.
… (Art. 24) - French…
Elle reconnaît et protège les valeurs traditionnelles conformes à la loi et les Autorités costumières.
… (Art. 24)
Customary Law
Uganda
- 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
Guyana
- 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
Tuvalu
- 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
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:
…
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:
…
2. les droits civils et coutumiers;
… (Art. 203)
Customary Law
Guatemala
- EnglishGuatemala is formed by diverse ethnic groups among which are found the indigenous groups of Mayan descent. The State recognizes, respects, and promotes their forms of life, customs, traditions, forms of social organization, the use of the indigenous attire by men and women, [and their] languages and dialects. (Art. 66)
- SpanishGuatemala está formada por diversos grupos étnicos entre los que figuran los grupos indígenas de ascendencia maya. El Estado reconoce, respeta y promueve sus formas de vida, costumbres, tradiciones, formas de organización social, el uso del traje indígena en hombres y mujeres, idiomas y dialectos. (Art. 66)
Customary Law
Tuvalu
- 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
Ethiopia
- English…
5. Pursuant to sub-Article 5 of Article 34 the House of Peoples’ Representatives and State Councils can establish or give official recognition to religious and customary courts. Religious and customary courts that had state recognition and functioned prior to the adoption of the Constitution shall be organized on the basis of recognition accorded to them by this Constitution. (Art. 78) - Amharic…
5. የህዝብ ተወካዬች ምክር ቤትና የክልል ምክር ቤቶች በኣንቀጽ 34 ንኡስ ኣንቀጽ 5 መሰረት የሃማኖትና የባሕል ፍርድ ቤቶችን ሊያቋቁሙ ወይም እውቅና ሊሰጡ ይችላሉ፡፡ ይህ ሕገ መንግሥት ከመጽደቁ በፊት በመንግሥት እውቅና አግኝተው ሲሰራባቸው የነበሩ የሃይማኖቶችና የባሕል ፍርድ ቤቶች በዚህ ሕገ መንግሥት መሰረት እውቅና አግኝተው ይደራጃሉ፡፡ (አንቀጽ 78)
Customary Law
South Africa
- English(1) National legislation may provide for a role for traditional leadership as an institution at local level on matters affecting local communities.
(2) To deal with matters relating to traditional leadership, the role of traditional leaders, customary law and the customs of communities observing a system of customary law
(a) national or provincial legislation may provide for the establishment of houses of traditional leaders; and
(b) national legislation may establish a council of traditional leaders. (Sec. 212)
Customary Law
Solomon Islands
- 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)