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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
- 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)
Customary Law
- English(1) Every person has the right to freedom of conscience, thought and religion and the practice of his religion and beliefs, including freedom to manifest and propagate his religion and beliefs in such a way as not to interfere with the freedom of others, except to the extent that the exercise of that right is regulated or restricted by a law that complies with Section 38 (general qualifications on qualified rights).
…
(5) A reference in this section to religion includes a reference to the traditional religious beliefs and customs of the peoples of Papua New Guinea. (Sec. 45)
Customary Law
- English(1) Subject to this paragraph, customary law shall have effect as part of the law of Solomon Islands.
(2) The preceding subparagraph shall not apply in respect of any customary law that is, and to the extent that it is, inconsistent with this Constitution or an Act of Parliament.
(3) An Act of Parliament may:-
(a) provide for the proof and pleading of customary law for any purpose;
(b) regulate the manner in which or the purposes for which customary law may be recognised; and
(c) provide for the resolution of conflicts of customary law.
… (Schedule 3, Sec. 3)
Customary Law
- EnglishParliament shall provide for the establishment of village or island courts with jurisdiction over customary and other matters and shall provide for the role of chiefs in such courts. (Art. 52)
- FrenchLe Parlement crée des tribunaux de village ou d'île compétents en matière coutumière ou autre, et définit le rôle des chefs auprès de ces tribunaux. (Art. 52)
Customary Law
- English
(1) Nothing in Article II10 shall be construed to invalidate the customary law or any traditional practice concerning land tenure or any related matter in any part of the Republic of the Marshall Islands, including, where applicable, the rights and obligations of the Iroijlaplap, Iroijedrik, Alap and Dri Jerbal.
(2) Without prejudice to the continued application of the customary law pursuant to Section 1 of Article XIII,11 and subject to the customary law or to any traditional practice in any part of the Republic, it shall not be lawful or competent for any person having any right in any land in the Republic, under the customary law or any traditional practice to make any alienation or disposition of that land, whether by way of sale, mortgage, lease, license or otherwise, without the approval of the Iroijlaplap, Iroijedrik where necessary, Alap and the Senior Dri Jerbal of such land, who shall be deemed to represent all persons having an interest in that land.
(3) Nothing in this Constitution shall be construed so as to preclude its application to every place within the traditional boundaries of the archipelago of the Republic. (Art. X, Sec. 1)
Customary Law
- 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)