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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
- English1. Legislation of the states shall provide for the role of Traditional Authority as an institution at local government level on matters affecting local communities.
2. Legislation at the National and state levels shall provide for the establishment, composition, functions and duties of councils for Traditional Authority leaders. (Art. 168)
Customary Law
- EnglishIn this Constitution, unless the context otherwise requires—
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• “chief” means a person bestowed as chief and who derives allegiance from the fact of birth or descent, in accordance with the customs, traditions, usage or consent of the people in a chiefdom;
... (Art. 266)
Customary Law
- English1. The Constitution is the supreme law of the land. Any law, customary practice or a decision of an organ of state or a public official which contravenes this Constitution shall be of no effect.
… (Art. 9) - Amharic1. ሕገ መንግሥቱ የሀገሪቱ የበላይ ሕግ ነው፡፡ ማንኛውም ሕግ፣ ልማዳዊ አሰራር፣እንዲሁም የመንግሥት አካል ወይም ባለሥልጣን ውሳኔ ከዚህ ሕገ መንግሥት ጋር የሚቃረን ከሆነ ተፈጻሚነት አይኖረውም፡፡
… (አንቀጽ 9)
Customary Law
- English
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- RECOGNIZING the customary and traditional leadership [chefferie] as [a] moral authority[,] depository of the customs and of the traditions in our society;
… (Preamble) - French
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RECONNAISSANT la chefferie coutumière et traditionnelle en tant qu’autorité morale dépositaire des coutumes et des traditions dans notre société;
… (Préambule)
Customary Law
- English(1) The Minister responsible for local government shall appoint an Alkalo in consultation with the Regional Governors and District Seyfo or Chairperson of the Kanifing Municipal Council, as the case may be.
(2) The Minister shall, in making an appointment under subsection (1), take into account traditional lines of inheritance. (Sec. 59)
Customary Law
- English(1) The State and all institutions and agencies of government at every level must take reasonable measures, including affirmative action programmes, to ensure that youths, that is to say people between the ages of fifteen and thirty-five years—
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(e) are protected from harmful cultural practices, exploitation and all forms of abuse.
… (Sec. 20)
Customary Law
- EnglishWhere a traditional leader or cultural leader exists in a region the traditional or cultural leader shall-
a. be the titular head of the regional government;
b. be the titular head of the regional assembly and shall open, address and close the sessions of the regional assembly; and
c. enjoy the benefits, privileges and roles as provided for in article 246 of this Constitution and by Parliament and the regional assembly. (Fifth Schedule: Regional governments, Art. 8)
Customary Law
- English...
(8) Notwithstanding subsection (1), the High Court has no original or appellate jurisdiction in matters relating to the office of iNgwenyama; the office of iNdlovukazi (the Queen Mother); the authorisation of a person to perform the functions of Regent in terms of section 8; the appointment, revocation and suspension of a Chief; the composition of the Swazi National Council, the appointment and revocation of appointment of the Council and the procedure of the Council; and the Libutfo (regimental) system, which matters shall continue to be governed by Swazi law and Custom. (Sec. 151)
Customary Law
- English(1) Subject to the provisions of subsection (4), (5), and (7), no law shall make provision which 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, tribe, sex, place of origin, political opinions, colour 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 which 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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d. with respect to adoption, marriage, divorce, burial, devolution of property on death or other interests of personal law;
e. for the application in the case of members of a particular race or tribe or customary law with respect to any matter to the exclusion of any law with respect to that matter which is applicable in the case of other persons;
… (Sec. 27)
Customary Law
- EnglishThe State has the duty to safeguard and promote national values based on cultural traditions and practices so long as they do not conflict with human rights, public order and good morals.
… (Art. 47) - KinyarwandaLeta ifite inshingano zo kurengera no guteza imbere indangagaciro z'Igihugu zishingiye ku mibereho no ku mitekerereze ndangamuco ndetse no ku biranga umuco w’Igihugu muri rusange, mu gihe bitabangamiye uburenganzira bwa muntu, ituze rusange rya rubanda n’imyifatire ndangabupfura.
… (Ingingo ya 47) - FrenchL’Etat a le devoir de sauvegarder et de promouvoir les valeurs nationales fondées sur les traditions et pratiques culturelles dans la mesure où elles ne sont pas contraires aux droits de la personne, à l’ordre public et aux bonnes mœurs.
… (Art. 47)