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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…
(3) The following persons shall be citizens of Namibia by marriage:
(a) those who are not Namibian citizens under Sub-Article (1) or (2) hereof and who:
(aa) in good faith marry a Namibian citizen or, prior to the coming into force of this Constitution, in good faith married a person who would have qualified for Namibian citizenship if this Constitution had been in force; and
(bb) subsequent to such marriage have ordinarily resided in Namibia as the spouse of such person for a period of not less than ten (10) years; and
(cc) apply to become citizens of Namibia;
(b) for the purposes of this Sub-Article (and without derogating from any effect that it may have for any other purposes) a marriage by customary law shall be deemed to be a marriage: provided that nothing in this Constitution shall preclude Parliament from enacting legislation which defines the requirements which need to be satisfied for a marriage by customary law to be recognised as such for the purposes of this Sub-Article.
… (Art. 4)
Customary Law
Zambia
- English1. This Constitution is the supreme law of the Republic of Zambia and any other written law, customary law and customary practice that is inconsistent with its provisions is void to the extent of the inconsistency.
… (Art. 1)
Customary Law
Zambia
- English...
2. In exercising judicial authority, the courts shall be guided by the following principles:
…
d. alternative forms of dispute resolution, including traditional dispute resolution mechanisms, shall be promoted, subject to clause (3);
...
3. Traditional dispute resolution mechanisms shall not—
a. contravene the Bill of Rights;
b. be inconsistent with other provisions of this Constitution or other written law; or
c. be repugnant to justice and morality. (Art. 118)
Customary Law
Sudan
- English…
(4) The state shall work to combat harmful customs and traditions that reduce the dignity and status of women.
… (Art. 48) - Arabic…
4. تعمل الدولة علي محاربة العاذات والتقاليد الضارة التي تقلل من كرامة المرأة ووضعيتها..
(الماده 49)
Customary Law
Sierra Leone
- English(1) The institution of Chieftaincy as established by customary law and usage and its non- abolition by legislation is hereby guaranteed and preserved.
(2) Without derogating from the generality of the provisions of subsection (1), no provision of law in so far as it provides for the abolition of the office of Paramount Chief as existing by customary law and usage immediately before the entry into force of this Constitution, shall have effect unless it is included in an Act of Parliament and the provisions of Section 108 shall apply in relation to the Bill for such an Act as they apply in relation to the Bill for an Act of Parliament that alters any of the provisions of this Constitution that are referred to in subsection (3) of that section.
(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with, or in contravention of, the provisions of subsection (1) to the extent that the law in question makes provision for the determination, in accordance with appropriate customary law and usage, of the validity of the nomination, election, unseating or replacement of any Paramount Chief, or the question of restraining in any way the exercise of any rights, duties, privileges or functions conferred upon, or enjoyed by him, by virtue of his office or the installation or deposition of a person as a Paramount Chief.
(4) A Paramount Chief may be removed from office by the President for any gross misconduct in the performance of the functions of his office if after a public inquiry conducted under the Chairmanship of a Judge of the High Court or a Justice of Appeal or a Justice of the Supreme Court, the Commission of Inquiry makes an adverse finding against the Paramount Chief, and the President is of the opinion that it is in the public interest that the Paramount Chief should be removed.
(5) Subject to the provisions of this Constitution and in furtherance of the provisions of this section, Parliament shall make laws for the qualifications, election, powers, functions, removal and other matters connected with Chieftaincy. (Sec. 72)
Customary Law
Zimbabwe
- English…
(3) All laws, customs, traditions and cultural practices that infringe the rights of women conferred by this Constitution are void to the extent of the infringement. (Sec. 80)
Customary Law
Rwanda
- English…
Unwritten customary law remains applicable provided it has not been replaced by written law, is not inconsistent with the Constitution, laws, and orders, and neither violates human rights nor prejudices public security or good morals. (Art. 176) - Kinyarwanda…
Amategeko gakondo atanditse akomeza gukurikizwa gusa iyo atasimbuwe n’amategeko yanditse kandi akaba atanyuranyije n’Itegeko Nshinga, amategeko, n'amateka cyangwa ngo abe abangamiye uburenganzira bwa Muntu, ituze rusange rya rubanda cyangwa imyitwarire iboneye. (Ingingo ya 176) - French…
La coutume ne demeure applicable que pour autant qu’elle n’ait pas été remplacée par une loi et qu’elle n’ait rien de contraire à la Constitution, aux lois et aux arrêtés ou ne porte pas atteinte aux droits de la personne, à l’ordre public et aux bonnes mœurs. (Art. 176)
Customary Law
Uganda
- English1. Notwithstanding anything in this Constitution, the State shall take affirmative action in favour of groups marginalised on the basis of gender, age, disability or any other reason created by history, tradition or custom, for the purpose of redressing imbalances which exist against them.
2. Laws, cultures, customs and traditions which are against the dignity, welfare or interest of women or any other marginalised group to which clause (1) relates or which undermine their status, are prohibited by this Constitution.
… (Art. 32)
Customary Law
South Sudan
- English…
6. The objects of local government shall be to:
…
i. acknowledge and incorporate the role of Traditional Authority and customary law in the local government system;
… (Art. 166)
Customary Law
Congo, Democratic Republic of the
- English…
The civil and military Courts and Tribunals apply the duly ratified international treaties, the laws, [and] the regulatory acts, provided that they are in conformity with the laws as well as customary [law] unless the latter is contrary to the public order or to morality.
… (Art. 153) - French…
Les Cours et Tribunaux, civils et militaires, appliquent les traités internationaux dûment ratifiés, les lois, les actes réglementaires pour autant qu’ils soient conformes aux lois ainsi que la coutume pour autant que celle-ci ne soit pas contraire à l’ordre public ou aux bonnes mœurs.
… (Art. 153)