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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.
Customary Law
- EnglishIn this Constitution—
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“Communal Land” means land set aside under an Act of Parliament and held in accordance with customary law by members of a community under the leadership of a Chief;
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“customary law” means the customary law of any section or community of Zimbabwe’s people;
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“traditional leader” means a person appointed as such in terms of section 283;
… (Sec. 332)
Customary Law
- 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
- English
Indians shall have their social organization, customs, languages, creeds and traditions recognized, as well as their original rights to the lands they traditionally occupy, it being incumbent upon the Union to demarcate them, protect and ensure respect for all of their property.
Paragraph 1. Lands traditionally occupied by Indians are those on which they live on a permanent basis, those used for their productive activities, those indispensable to the preservation of the environmental resources necessary for their well-being and for their physical and cultural reproduction, according to their uses, customs and traditions.
… (Art. 231) - Portuguese
São reconhecidos aos índios sua organização social, costumes, línguas, crenças e tradições, e os direitos originários sobre as terras que tradicionalmente ocupam, competindo à União demarcá-las, proteger e fazer respeitar todos os seus bens.
§ 1º São terras tradicionalmente ocupadas pelos índios as por eles habitadas em caráter permanente, as utilizadas para suas atividades produtivas, as imprescindíveis à preservação dos recursos ambientais necessários a seu bem-estar e as necessárias a sua reprodução física e cultural, segundo seus usos, costumes e tradições.
... (Art. 231)
Customary Law
- EnglishThe law establishes the rules concerning:
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- the procedure according to which customs [coutumes] will be declared and brought into harmony with the fundamental principles of the Constitution;
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- the status of the traditional leadership [chefferie];
… (Art. 99) - FrenchLa loi fixe les règles concernant :
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- la procédure selon laquelle les coutumes seront constatées et mises en harmonie avec les principes fondamentaux de la Constitution ;
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- le statut de la chefferie traditionnelle ;
... (Art. 99)
Customary Law
- EnglishThe customary and traditional remedies [réparations] may not be made an obstacle to public action. (Art. 163)
- Arabicلا يجوز أن تعيق التدابير التصحيحية العرفية والتقليدية العمل العام. (المادة 163)
- FrenchLes réparations coutumières et traditionnelles ne peuvent faire obstacle à l'action publique. (Art. 163)
Customary Law
- English
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The Republic of Uzbekistan shall ensure a respectful attitude toward the languages, customs and traditions of all nationalities and ethnic groups living on its territory, and create the conditions necessary for their development. (Art. 4) - Uzbek
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O‘zbekiston Respublikasi o‘z hududida istiqomat qiluvchi millat va elatlarning tillari, urf-odatlari va an’analari hurmat qilinishini ta’minlaydi, ularning rivojlanishi uchun sharoit yaratadi. (4-modda.)
Customary Law
- English(1) Subject to subsections (4), (5) and (7), no law shall make any provision that 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, place of origin, birth out of wedlock, political opinions or affiliations, colour, sex 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 that 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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(c) for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons) of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law of persons of that description;
… (Sec. 15)
Customary Law
- English...
(4) The recognition of the fundamental rights set out in this Chapter11 does not deny the existence of any other rights that are recognized or conferred by Shari'ah, or by customary law or legislation to the extent that they are consistent with the Shari'ah and the Constitution. (Art. 40) - Somali…
(4) Xuquuqda asaasiga ah ee ku xusan Cutubkan kama hor-imaaan karaan xuquuqda kale ee Shareecada Islaamku jideysey iyo xeer-dhaqameedka la jaanqaadi kara Shareecada iyo Dastuurka. (Qodobka 40aad.)
Customary Law
- English…
(10) The State shall take steps to encourage the integration of appropriate customary values into the fabric of national life through formal and informal education and shall ensure that appropriate customary and cultural values are adapted and developed as an integral part of the growing needs of the society as a whole.
… (Sec. 60)
Customary Law
- EnglishThe sources of legislation in South Sudan shall be:
a. this Constitution;
b. customs and traditions of the people;
c. the will of the people; and
d. any other relevant source. (Art. 5)