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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
- EnglishThere shall be but one law in Tonga for chiefs and commoners for non-Tongans and Tongans. No laws shall be enacted for one class and not for another class but the law shall be the same for all the people of this land. (Clause 4)
- Tongan‘E taha pe ‘a e lao ‘o Tonga ni ki he hou‘eiki mo e me‘avale ki he fa‘ahinga kakai kotoa pe ‘oku ‘ikai ko e Tonga mo e Tonga. ‘E ‘ikai fokotu‘u ha lao ‘i he fonua ni ki ha fa‘ahinga pea tuku ha fa‘ahinga ka ‘e taha pe mo mamafa tatau pe ki he kakai kotoa pe ‘o e fonua ni. (Kupu 4)
Customary Law
- 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
- English(1) In the exercise of its legislative functions, it shall be the responsibility of the Nitijela, whenever and to the extent considered appropriate, to declare, by Act, the customary law in the Republic of the Marshall Islands or in any part thereof. The customary law so declared may include any provisions which, in the opinion of the Nitijela, are necessary or desirable to supplement the established rules of customary law or to take account of any traditional practice.
(2) This Section shall not be construed to authorize the making of any law that would defeat an otherwise valid claim under Article II.
(3) The Nitijela shall not proceed further than the first reading of any Bill or amendment to a Bill which, in the opinion of the Speaker, makes provision for any declaration pursuant to paragraph (1) of this Section unless a joint committee of the Council of Iroij and the Nitijela has been afforded a reasonable opportunity to make a report on the matters dealt within that Bill or amendment, and any such report has been published. (Art. X, Sec. 2)
Customary Law
- 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
- English
(1) Freedom based on law consists of the least restriction on the activities of individuals consistent with the public welfare and the maintenance and development of Tuvalu and Tuvaluan society in accordance with this Constitution and, in particular, in accordance with the Principles set out in the Preamble.
(2) Everyone has the right to freedom based on law, and accordingly, subject to this Constitution -
(a) everyone has the legal right to do anything that —
(i) does not injure others or interfere with the rights and freedoms of others; and
(ii) is not prohibited by law; and
(b) no-one may be -
(i) legally obliged to do anything that is not required by law; or
(ii) prevented by law from doing anything that complies with the provisions of paragraph (a).
(3) This section is not intended to deny the existence, nature or effect of cultural, social, civic, family or religious obligations, or other obligations of a nonlegal nature, or to prevent such obligations being given effect by law if, and so far as, it may be thought appropriate to do so. (Sec. 10)
Customary Law
- English…
(3) Customary Law shall continue to have effect as part of the law of the Republic of Vanuatu. (Art. 95) - French…
3) Les règles coutumières continuent à produire tous leurs effets au sein du système juridique de la République de Vanuatu. (Art. 95)
Customary Law
- EnglishCourt decisions shall be consistent with this Constitution, Micronesian customs and traditions, and the social and geographical configuration of Micronesia. In rendering a decision a court shall consult and apply sources of the Federated States of Micronesia. (Art. XI, Sec. 11)
Customary Law
- English(1) Parliament shall make provision for the application of laws, including customary laws.
(2) In making provision under this section, Parliament shall have particular regard to the customs, values and aspirations of the people of Solomon Islands. (Sec. 75)
Customary Law
- English
(1) The Preamble acknowledges that Tuvalu is an Independent State based on Christian principles, the Rule of Law, Tuvaluan values, culture and tradition, and respect for human dignity.
(2) This includes recognition of-
(a) the right to worship, or not to worship, in whatever way the conscience of the individual tells him; and
(b) the right to hold, to receive and to communicate opinions, ideas and information.
(3) Within Tuvalu, the freedoms of the individual can only be exercised having regard to the rights or feelings of other people, the Charter of Duties and Responsibilities in section 43 and to the effect on society.
(4) It may therefore be necessary in certain circumstances to regulate or place some restrictions on the exercise of those rights, if their exercise—
(a) may be divisive, unsettling or offensive to the people; or
(b) may directly threaten Tuvaluan values or culture.
(5) Subject to section 15 (definition of “reasonably justifiable in a democratic society”) nothing contained in a law or done under a law shall be considered to be inconsistent with section 23 (freedom of belief); or section 24 (freedom of expression); or section 25 (freedom of assembly and association); or section 26 (freedom of movement); or section 27 (freedom from discrimination) to the extent the law makes provision regulating or placing restrictions on any exercise of the right-
(a) to spread beliefs; or
(b) to communicate opinions, ideas and information;
(c) to assemble and associate with others;
(d) to move freely or reside within Tuvalu or to enter and to leave Tuvalu; or
(e) to not be discriminated against;
if the exercise of that right may otherwise conflict with subsection (4). (Sec. 29)
Customary Law
- EnglishWe the people of Kiribati, acknowledging God as the Almighty Father in whom we put trust, and with faith in the enduring value of our tradition and heritage, do now grant ourselves this Constitution establishing a sovereign democratic State. In implementing this Constitution, we declare that –
…
4. we shall continue to cherish and uphold the customs and traditions of Kiribati. (Preamble)