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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
Cameroon
- English…
(2) The Republic of Cameroon shall be a decentralized unitary State. It shall be one and indivisible, secular, democratic and dedicated to social service. It shall recognize and protect traditional values that conform to democratic principles, human rights and the law.
… (Art. 1) - French…
(2) La République du Cameroun est un Etat unitaire décentralisé. Elle est une et indivisible, laïque, démocratique et sociale. Elle reconnaît et protège les valeurs traditionnelles conformes aux principes démocratiques, aux droits de l’homme et à la loi. Elle assure l’égalité de tous les citoyens devant la loi.
… (Art. 1)
Customary Law
Nigeria
- English(1) There shall be a Court of Appeal.
(2) The Court of Appeal shall consist of –
(a) a President of the Court of Appeal; and
(b) such number of Justices of the Court of Appeal, not less than forty-nine of which not less than three shall be learned in Islamic personal law, and not less than three shall be learned in Customary law, as may be prescribed by an Act of the National Assembly. (Sec. 237)
Customary Law
Ethiopia
- English1. The Constitution is the supreme law of the land. Any law, customary practice or a decision of an organ of state or a public official which contravenes this Constitution shall be of no effect.
… (Art. 9) - Amharic1. ሕገ መንግሥቱ የሀገሪቱ የበላይ ሕግ ነው፡፡ ማንኛውም ሕግ፣ ልማዳዊ አሰራር፣እንዲሁም የመንግሥት አካል ወይም ባለሥልጣን ውሳኔ ከዚህ ሕገ መንግሥት ጋር የሚቃረን ከሆነ ተፈጻሚነት አይኖረውም፡፡
… (አንቀጽ 9)
Customary Law
South Sudan
- EnglishThe exclusive executive and legislative powers of a state shall be as follows:
…
30. Traditional Authority and customary law;...
42. Customary law courts. (Schedule (B), Powers of States)
Customary Law
Gambia
- 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
Uganda
- EnglishCultural and customary values which are consistent with fundamental rights and freedoms, human dignity, democracy and with the Constitution may be developed and incorporated in aspects of Ugandan life.
The State shall-
a. promote and preserve those cultural values and practices which enhance the dignity and well-being of Ugandans;
… (National Objectives and Directive Principles of State Policy, XXIV)
Customary Law
Marshall Islands
- EnglishThe Council of Iroij shall have the following functions:
(a) the Council may consider any matter of concern to the Republic of the Marshall Islands, and it may express its opinion thereon to the Cabinet;
(b) the Council may request, in accordance with Section 3 of this Article, the reconsideration of any Bill affecting the customary law, or any traditional practice, or land tenure, or any related matter, which has been adopted on the third reading by the Nitijela;
(c) the Council shall have such other functions as may be conferred on it by or pursuant to Act. (Art. III, Sec. 2)
Customary Law
Cyprus
- EnglishSubject to paragraph 3 of Article 160 the courts of the Republic shall have power to apply also the relevant communal laws other than those relating to personal status and to religious matters. (Art. 161)
- GreekTηρουμένων των διατάξεων της τρίτης παραγράφου του άρθρου 160 τα δικαστήρια της Δημοκρατίας έχουσιν εξουσίαν να εφαρμόζωσι και τους οικείους κοινοτικούς νόμους πλην των περί προσωπικού θεσμού και των θρησκευτικών θεμάτων νόμων. (Αρθρον 161)
- Turkish160. maddenin 3. fıkrasına tabi olarak, Cumhuriyet Mahkemeleri, kişisel statü ve dini konularla ilgili olanlar dışındaki ilgili toplumsal yasaları da uygulama yetkisine sahiptir. (Madde 161)
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);
...
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
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)