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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
Namibia
- English(1) ...
(f) No persons shall be compelled to give testimony against themselves or their spouses, who shall include partners in a marriage by customary law, and no Court shall admit in evidence against such persons testimony which has been obtained from such persons in violation of Article 8(2)(b) hereof.
... (Art. 12)
Customary Law
Nigeria
- English(1) For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any other law, the Court of Appeal shall be duly constituted if it consists of not less than three Justices of the Court of Appeal and in the case of appeals from –
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(b) a Customary Court of Appeal, if it consists of not less than three Justices of Court of Appeal learned in Customary law. (Sec. 247)
Customary Law
Lesotho
- English1. In this Constitution, unless the context otherwise requires:
• "Chief" does not include the King but includes Principal Chief, and Headman and any other chief whose office is recognised by section 103(1) of this Constitution, and references to a Chief are references to the person who, under the law for the time being in force in that behalf, is recognised as entitled to exercise the functions of the office of that Chief;
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• "customary law" means the customary law of Lesotho for the time being in force subject to any modification or other provision made in respect thereof by any Act of Parliament;
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• "law includes--
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ii. the customary law of Lesotho and any other unwritten rule of law, …
• "Principal Chief" means a chief whose office is among those set out in Schedule 2 to this Constitution;
… (Sec. 154)
Customary Law
Chad
- EnglishThe customary and traditional rules governing the matrimonial regimes and inheritance may only be applicable with the consent of the parties concerned.
In default of consent, the national law alone is applicable.
It is the same in case of conflict between two [2] or more customary rules. (Art. 162) - Arabicلا يمكن تطبيق القواعد العرفية والتقليدية التي تحكم أنظمة الزواج والإرث إلا بموافقة الأطراف المعنية.
في غياب الموافقة، يكون القانون الوطني الوحيد الواجب تطبيقه.
يطبق القانون نفسه في حالة وجود تعارض بين قاعدتين [2] عرفيتين أو أكثر. (المادة 162) - FrenchLes règles coutumières et traditionnelles régissant les régimes matrimoniaux et les successions ne peuvent s'appliquer qu'avec le consentement des parties concernées.
A défaut de consentement, la loi nationale est seule applicable.
Il en est de même en cas de conflit entre deux (2) ou plusieurs règles coutumières. (Art. 162)
Customary Law
Zambia
- English1. Land shall be delimited and classified as State land, customary land and such other classification, as prescribed.
… (Art. 254)
Customary Law
Eswatini
- English(1) INgwenyama is the traditional head of the Swazi State and is chosen by virtue of the rank and character of his mother in accordance with Swazi law and custom.
(2) INgwenyama enjoys the same legal protection and immunity from legal suit or process as the King.
(3) Subject to an elaborate system of advisory councils, the functions of iNgwenyama under this chapter15 shall be regulated by Swazi law and custom. (Sec. 228)
Customary Law
Sudan
- EnglishAll ethnic and cultural groups shall have the right to enjoy their own culture and develop it freely. The members of such groups shall have the right to exercise their beliefs, use their languages, observe their religions or customs, and raise their children in the framework of such cultures and customs. (Art. 65)
- Arabicلكل المجموعات العرقية والثقافية الحق في أن تنعم بثقافتها الخاصة وتطورها بحرية، وللمنتميين لهذة المجموعات الحق في أن يمارسوا معتقداتهم ويستخدموا لغاتهم ويراعوا أديانهم واعرافهم وينشئوا اطفالهم في إطار تلك الثقافات والاعراف. (الماده 66)
Customary Law
Zimbabwe
- English(1) The National Council of Chiefs and, within its province, a provincial assembly of Chiefs have the following functions—
(a) to protect, promote and develop Zimbabwe’s culture and traditions;
(b) to represent the views of traditional leaders and to maintain the integrity and status of traditional institutions;
(c) to protect, promote and advance the interests of traditional leaders;
(d) to consider representations and complaints made to it by traditional leaders;
(e) to define and enforce correct and ethical conduct on the part of traditional leaders and to develop their capacity for leadership;
(f) to facilitate the settlement of disputes between and concerning traditional leaders;
(g) to perform any other functions that may be conferred or imposed on it by an Act of Parliament.
(2) An Act of Parliament must ensure that—
(a) the National Council of Chiefs and all provincial assemblies of Chiefs are able to carry out their functions independently and efficiently; and
(b) persons employed by the National Council of Chiefs and provincial assemblies of Chiefs carry out their duties conscientiously and impartially. (Sec. 286)
Customary Law
Uganda
- English1. A regional assembly may establish standing and other committees or organs for the efficient discharge of its functions.
2. The representatives of cultural interests shall constitute the standing committee on cultural matters.
3. The standing committee on cultural matters shall have, as against the rest of the members of the regional assembly, exclusive jurisdiction on the cultural matters of the region.
4. In this paragraph "cultural matters" include the following-
a. the choice and installation of a traditional leader or cultural leader;
b. all traditional and cultural matters relating to the traditional or cultural leader and to the institutions of the traditional leader or cultural leader as well as royal members of the traditional leadership;
c. the choice, appointment and succession to clan and subclan leadership;
d. clan, traditional and customary matters;
e. matters relating to cultural funeral rites, cultural succession and customary heirs;
f. cultural or traditional lands, sites, shrines and installations;
g. clan lands, sites, shrines and installations; and
h. traditional, customary and cultural practices which are consistent with this Constitution.
5. In carrying out its responsibilities under subparagraphs (3) and (4), the standing committee on cultural matters shall consult the traditional or cultural leader of the region as well as the relevant clan leaders.
6. A decision of the standing committee on cultural matters shall not be effective until the decision has been approved by the traditional or cultural leader of the region and, in the case of succession under subparagraph (4)(a), by the clan or cultural leader's council. (Fifth Schedule: Regional governments, Art. 3)
Customary Law
Chad
- English…
The law establishes the rules concerning:
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- the procedure according to which customs [coutumes] are declared and harmonized with the principles of the Constitution;
… (Art. 127) - Arabic...
ينص القانون على القواعد المتعلقة:
...
- بالإجراءات التي أعلنت بموجبها الأعراف وتم تنسيقها مع مبادئ الدستور؛
... (المادة 127) - French…
La loi fixe les règles concernant:
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- la procédure selon laquelle les coutumes sont constatées et mises en harmonie avec les principes de la Constitution;
… (Art. 127)