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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
Papua New Guinea
- English(1) Notwithstanding anything to the contrary in any other provision of any law, any act that is done under a valid law but in the particular case-
(a) is harsh or oppressive; or
(b) is not warranted by, or is disproportionate to, the requirements of the particular circumstances or of the particular case; or
(c) is otherwise not, in the particular circumstances, reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind, is an unlawful act.
… (Sec. 41)
Customary Law
Namibia
- English(1) ...
(f) No persons shall be compelled to give testimony against themselves or their spouses, who shall include partners in a marriage by customary law, and no Court shall admit in evidence against such persons testimony which has been obtained from such persons in violation of Article 8(2)(b) hereof.
... (Art. 12)
Customary Law
Vanuatu
- EnglishAll land in the Republic of Vanuatu belongs to the indigenous custom owners and their descendants. (Art. 73)
- FrenchToutes les terres situées dans le territoire de la République appartiennent aux propriétaires coutumiers indigènes et à leur descendance. (Art. 73)
Customary Law
India
- English(1) The Regional Council for an autonomous region in respect of all areas within such region and the District Council for an autonomous district in respect of all areas within the district except those which are under the authority of Regional Councils, if any, within the district shall have power to make laws with respect to—
…
(j) social customs.
… (Sixth Schedule: Provisions as to the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram, Art. 3) - Hindi(1) किसी स्वायत्त क्षेत्र के लिए क्षेत्रीय परिषद के पास ऐसे क्षेत्र के अंदर और एक स्वायत्त जिले के लिए जिला परिषद के पास उस जिले के अंदर क्षेत्रीय परिषदों के प्राधिकार में आने वाले क्षेत्रों, यदि कोई हों, को छोड़ कर उस जिले के अंदर सभी क्षेत्रों के संबंध में निम्नलिखित के संबंध में कानून बनाने का अधिकार होगा—
…
(ञ) सामाजिक प्रथाएँ।
… (छठी अनुसूची: असम, मेघालय, त्रिपुरा और मिजोरम में जनजातीय क्षेत्रों के प्रशासन के संबंध में प्रावधान, अनुच्छेद 3)
Customary Law
Sudan
- English…
(4) The state shall work to combat harmful customs and traditions that reduce the dignity and status of women.
… (Art. 48) - Arabic…
4. تعمل الدولة علي محاربة العاذات والتقاليد الضارة التي تقلل من كرامة المرأة ووضعيتها..
(الماده 49)
Customary Law
Zimbabwe
- English…
(2) The principles of good governance, which bind the State and all institutions and agencies of government at every level, include—
…
(h) the fostering of national unity, peace and stability, with due regard to diversity of languages, customary practices and traditions;
… (Sec. 3)
Customary Law
Eswatini
- English(1) There shall be a Council of Chiefs which shall be composed of twelve Chiefs drawn from the four regions of the Kingdom appointed by the iNgwenyama on a rotational basis.
(2) There shall be a Chairman of the Council who shall be appointed by the iNgwenyama and a secretary whose office shall be a public office.
(3) The Council of Chiefs shall be responsible for, among other things ...
(a) advising the King on customary issues and any matter relating to or affecting chieftaincy including chieftaincy disputes;
(b) performing the function in terms of section 115; and
(c) performing such other functions as may be assigned by this Constitution or any other law.
… (Sec. 251)
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
Sierra Leone
- English(1) The institution of Chieftaincy as established by customary law and usage and its non- abolition by legislation is hereby guaranteed and preserved.
(2) Without derogating from the generality of the provisions of subsection (1), no provision of law in so far as it provides for the abolition of the office of Paramount Chief as existing by customary law and usage immediately before the entry into force of this Constitution, shall have effect unless it is included in an Act of Parliament and the provisions of Section 108 shall apply in relation to the Bill for such an Act as they apply in relation to the Bill for an Act of Parliament that alters any of the provisions of this Constitution that are referred to in subsection (3) of that section.
(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with, or in contravention of, the provisions of subsection (1) to the extent that the law in question makes provision for the determination, in accordance with appropriate customary law and usage, of the validity of the nomination, election, unseating or replacement of any Paramount Chief, or the question of restraining in any way the exercise of any rights, duties, privileges or functions conferred upon, or enjoyed by him, by virtue of his office or the installation or deposition of a person as a Paramount Chief.
(4) A Paramount Chief may be removed from office by the President for any gross misconduct in the performance of the functions of his office if after a public inquiry conducted under the Chairmanship of a Judge of the High Court or a Justice of Appeal or a Justice of the Supreme Court, the Commission of Inquiry makes an adverse finding against the Paramount Chief, and the President is of the opinion that it is in the public interest that the Paramount Chief should be removed.
(5) Subject to the provisions of this Constitution and in furtherance of the provisions of this section, Parliament shall make laws for the qualifications, election, powers, functions, removal and other matters connected with Chieftaincy. (Sec. 72)
Customary Law
Palau
- EnglishThe government shall take no action to prohibit or revoke the role or function of a traditional leader as recognized by custom and tradition which is not inconsistent with this Constitution, nor shall it prevent a traditional leader from being recognized, honored, or given formal or functional roles at any level of government. (Art. V, Sec. 1)