SEARCH DATABASE
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 76 RESULTS
Customary Law
Papua New Guinea
- English(1) Subject to this Part, an emergency law may make provision for the peace, order and good government of the country to the extent reasonably required for achieving its purpose.
(2) Notwithstanding the provisions of Sections 12 and 13 but subject to Subsections (3) and (4), an emergency law may alter, wholly or partly, and absolutely or subject to conditions, any provision of Division III.3 (basic rights), any Organic Law made for the purposes of any such provision or any other law (other than a Constitutional Law) to the extent reasonably necessary to deal with the emergency concerned, and with matters arising out of it, but only so far as is reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind.
(3) An emergency law-
(a) may not alter-
i. Section 35 (right to life); or
ii. Section 36 (freedom from inhuman treatment); or
iii. Section 45 (freedom of conscience, thought and religion); or
iv. Section 50 (right to vote and stand for public office); or
v. Section 55 (equality of citizens); or
vi. Section 56 (other rights and privileges of citizens, and
(b) may provide for internment only in accordance with Division 5 (internment); and
(c) may alter Section 37 (protection of the law) or Section 42 (liberty of the person) only to the extent allowed by Paragraph (b).
(4) In addition, an Emergency Regulation may not alter-
(a) Section 46 (freedom of expression); or
(b) Section 47 (freedom of assembly and association); or
(c) Section 49 (right to privacy); or
(d) Section 51 (right to freedom of information), and may not provide for a sentence of imprisonment for a period exceeding nine months.
(5) In the case of an inconsistency between a valid emergency law and any other law, the law made later prevails. (Sec. 233)
Customary Law
Solomon Islands
- English(1) Subject to this paragraph, the principles and rules of the common law and equity shall have effect as part of the law of Solomon Islands, save in so far as:-
…
(c) in their application to any particular matter, they are inconsistent with customary law applying in respect of that matter.
… (Schedule 3, Sec. 2)
Customary Law
Vanuatu
- English1. The Malvatumauri Council of Chiefs has a general competence to discuss all matters relating relating to land, custom and tradition and may make recommendations for the preservation and promotion of ni-Vanuatu culture and languages.
2. The Council must be consulted on any question, particularly any question relating to land, tradition and custom, in connection with any bill before Parliament. (Art. 30) - French1) Le Conseil des Chefs Malvatumauri est compétent dans tous les domaines relatifs à la terre, coutume et à la tradition. Il peut faire des recommandations concernant la protection et la promotion de la culture et des langues vanuatuanes.
2) Le Conseil doit être consulté, sur toute question se rapportant à un projet de législation du Parlement, et en particulier celles relatives à la terre, tradition et à la coutume. (Art. 30)
Customary Law
Tuvalu
- English
…
"the Falekaupule” means the traditional governing assembly in each island of Tuvalu which is composed in accordance with the aganu (i.e., the traditional local customs and usages) of each island and established under section 4 of the Falekaupule Act 1997;
... (Schedule 1, Sec. 1)
Customary Law
Micronesia, Federated States of
- EnglishThe traditions of the people of the Federated States of Micronesia may be protected by statute. If challenged as violative of Article IV2, protection of Micronesian tradition shall be considered a compelling social purpose warranting such governmental action. (Art. V, Sec. 2)
Customary Law
Papua New Guinea
- English(1) Subject to Subsections (2) and (3), custom is adopted, and shall be applied and enforced, as part of the underlying law.
(2) Subsection (1) does not apply in respect of any custom that is, and to the extent that it is, inconsistent with a Constitutional Law or a statute, or repugnant to the general principles of humanity.
(3) An Act of the Parliament may—
(a) provide for the proof and pleading of custom for any purpose; and
(b) regulate the manner in which, or the purposes for which, custom may be recognized, applied or enforced; and
(c) provide for the resolution of conflicts of custom. (Schedule 2.1)
Customary Law
Samoa
- English(1) All land in Samoa is customary land, freehold land or public land.
(2) Customary land means land held from Samoa in accordance with Samoan custom and usage and with the law relating to Samoan custom and usage.
… (Art. 101) - Samoan(1) O eleele uma i Samoa o eleele tau le aganuu, eleele umia saoloto (fanua na faatauina mai), po o eleele tau le Malo.
(2) O eleele tau le aganuu o lona uiga o eleele e umia mai ia Samoa 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 101)
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
Vanuatu
- EnglishThe rules of custom shall form the basis of ownership and use of land in the Republic of Vanuatu. (Art. 74)
- FrenchDans la République, les règles coutumières constituent le fondement des droits de propriété et d'usage des terres. (Art. 74)
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)