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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
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);
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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
Namibia
- English…
(3) The following persons shall be citizens of Namibia by marriage:
(a) those who are not Namibian citizens under Sub-Article (1) or (2) hereof and who:
(aa) in good faith marry a Namibian citizen or, prior to the coming into force of this Constitution, in good faith married a person who would have qualified for Namibian citizenship if this Constitution had been in force; and
(bb) subsequent to such marriage have ordinarily resided in Namibia as the spouse of such person for a period of not less than ten (10) years; and
(cc) apply to become citizens of Namibia;
(b) for the purposes of this Sub-Article (and without derogating from any effect that it may have for any other purposes) a marriage by customary law shall be deemed to be a marriage: provided that nothing in this Constitution shall preclude Parliament from enacting legislation which defines the requirements which need to be satisfied for a marriage by customary law to be recognised as such for the purposes of this Sub-Article.
… (Art. 4)
Customary Law
Congo, Democratic Republic of the
- English…
The State guarantees the right to individual or collective property, acquired in conformity to the law or to custom.
… (Art. 34) - French…
L’Etat garantit le droit à la propriété individuelle ou collective acquis conformément à la loi ou à la coutume.
… (Art. 34)
Customary Law
Tuvalu
- English… AND WHEREAS the people of Tuvalu desire to constitute themselves as an independent State based on Christian principles, the Rule of Law, and Tuvaluan custom and tradition; … (Preamble)
Customary Law
Sierra Leone
- English(1) Subject to the provisions of subsection (4), (5), and (7), no law shall make provision which is discriminatory either of itself or in its effect.
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(3) In this section the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, tribe, sex, place of origin, political opinions, colour or creed 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.
(4) Subsection (1) shall not apply to any law so far as that law makes provision—
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d. with respect to adoption, marriage, divorce, burial, devolution of property on death or other interests of personal law;
e. for the application in the case of members of a particular race or tribe or customary law with respect to any matter to the exclusion of any law with respect to that matter which is applicable in the case of other persons;
… (Sec. 27)
Customary Law
Zimbabwe
- English…
(3) All laws, customs, traditions and cultural practices that infringe the rights of women conferred by this Constitution are void to the extent of the infringement. (Sec. 80)
Customary Law
Colombia
- EnglishThe authorities of the indigenous peoples can exercise their jurisdictional functions within their territorial scope, in conformity with their own norms and procedures, as long as these are not contrary to the Constitution and the laws of the Republic. The law will establish the forms of coordination of this special jurisdiction with the national judicial system. (Art. 246)
- SpanishLas autoridades de los pueblos indígenas podrán ejercer funciones jurisdiccionales dentro de su ámbito territorial, de conformidad con sus propias normas y procedimientos, siempre que no sean contrarios a la Constitución y leyes de la República. La ley establecerá las formas de coordinación de esta jurisdicción especial con el sistema judicial nacional. (Art. 246)
Customary Law
Samoa
- 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
Uganda
- English1. Notwithstanding anything in this Constitution, the State shall take affirmative action in favour of groups marginalised on the basis of gender, age, disability or any other reason created by history, tradition or custom, for the purpose of redressing imbalances which exist against them.
2. Laws, cultures, customs and traditions which are against the dignity, welfare or interest of women or any other marginalised group to which clause (1) relates or which undermine their status, are prohibited by this Constitution.
… (Art. 32)
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)