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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
Botswana
- English(1) A person shall be qualified to be appointed under section 77(1)(b) as a Member of the Ntlo ya Dikgosi if he or she-
(a) is a citizen of Botswana; and
(b) has attained the age of 21 years.
...
(4) A Member of the Ntlo ya Dikgosi shall not, while he or she is such a Member, participate in party politics, but active participation in politics prior to being a Member of the Ntlo ya Dikgosi shall not bar any person from being such a Member. (Sec. 79)
Customary Law
South Sudan
- English…
2. The Supreme Court shall exercise competences as follows:
…
b. be the court of final judicial instance in respect of any litigation or prosecution under National or state law, including statutory and customary law;
… (Art. 126)
Customary Law
Ghana
- English(1) Subject to clause (2) of this article, 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 the conscious introduction of cultural dimensions to relevant aspects of national planning.
(2) The State 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; and in particular that traditional practices which are injurious to the health and well-being of the person are abolished.
… (Art. 39)
Customary Law
Zambia
- EnglishA chief—
a. may own property in a personal capacity; and
b. shall enjoy privileges and benefits—
i. bestowed on the office of chief by or under culture, custom and tradition; and
ii. attached to the office of chief, as prescribed. (Art. 167)
Customary Law
Nigeria
- English(1) A Customary Court of Appeal of a State shall exercise appellate and supervisory jurisdiction in civil proceedings involve questions of Customary law.
(2) For the purpose of this section, a Customary Court of Appeal of a State shall exercise such jurisdiction and decide such questions as may be prescribed by the House of Assembly of the State for which it is established. (Sec. 282)
Customary Law
Zimbabwe
- EnglishThe Constitutional Court, the Supreme Court and the High Court have inherent power to protect and regulate their own process and to develop the common law or the customary law, taking into account the interests of justice and the provisions of this Constitution. (Sec. 176)
Customary Law
Somalia
- 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
Uganda
- English...
3. Land in Uganda shall be owned in accordance with the following land tenure systems-
a. customary;
b. freehold;
c. mailo; and
d. leasehold.
4. On the coming into force of this Constitution-
a. all Uganda citizens owning land under customary tenure may acquire certificates of ownership in a manner prescribed by Parliament; and
b. land under customary tenure may be converted to freehold land ownership by registration.
… (Art. 237)
Customary Law
Chad
- EnglishThe Traditional and Customary Authorities participate notably in:
- The valuing [valorisation] of use and customs;
- The promotion of the ideas of peace, of development and of social cohesion;
- The non-jurisdictional regulation of disputes [différends] within their territorial] resort. (Art. 218) - Arabicتشارك السلطات التقليدية والعرفية لا سيما في:
- تقييم التقاليد والأعراف؛
- الترويج لأفكار السلام والتنمية والتماسك الاجتماعي؛
- التنظيم غير القضائي للمنازعات داخل نطاقها الإقليمي. (المادة 218) - FrenchLes Autorités Traditionnelles et Coutumières participent notamment à:
- La valorisation des us et coutumes;
- La promotion des idéaux de paix, de développement et de cohésion sociale;
- Au règlement non juridictionnel des différends dans leur ressort territorial. (Art. 218)
Customary Law
Eswatini
- English(1) A surviving spouse is entitled to a reasonable provision out of the estate of the other spouse whether the other spouse died having made a valid will or not and whether the spouses were married by civil or customary rites.
(2) Parliament shall, as soon as practicable after the commencement of this Constitution, enact legislation regulating the property rights of spouses including common-law husband and wife. (Sec. 34)