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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(1) In this Constitution unless a contrary intention appears—
• “Chiefdom Council” means a Chiefdom Council constituted under the Chiefdom Councils Act;
…
• “law” includes—
a. any instrument having the force of law made in exercise of a power conferred by law;
b. customary law and any other unwritten rules of law;
… (Sec. 171)
Customary Law
- EnglishAn Act of Parliament may provide for the establishment, composition and jurisdiction of—
…
(b) customary law courts whose jurisdiction consists primarily in the application of customary law;
… (Sec. 174)
Customary Law
- English
…
- Indigenous law and customary law, subject to Chapter 129 of the Constitution
… (Schedule 4, Functional Areas of Concurrent National and Provincial Legislative Competence, Part A)
Customary Law
- English(1) The Ndlovukazi (Queen Mother) is traditionally the mother of the iNgwenyama and the symbolic Grandmother of the Nation.
(2) The Ndlovukazi is selected and appointed in accordance with Swazi law and custom.
(3) The official residence of the Ndlovukazi is the legislative and ceremonial capital of the nation and the arena of the Incwala and Umhlanga.
(4) The Ndlovukazi has such powers and performs such functions as Swazi law and custom assigns to her.
(5) Without derogating from the generality of subsection (4) the Ndlovukazi exercises a moderating advisory role on iNgwenyama.
… (Sec. 229)
Customary Law
- English
The traditional chieftaincy is represented by the National Chamber of Traditional Kings and Chiefs. The National Chamber of Traditional Kings and Chiefs is the Institution regrouping all the traditional Kings and Chiefs of Côte d'Ivoire.
It is notably responsible for:
- the valorization of habits and customs;
- the promotion of the ideals of peace, of development and of social cohesion;
- the non-jurisdictional settlement of conflicts within villages and between communities.
The traditional chieftaincy participates, within the conditions determined by a law, in the administration of the territory. (Art. 175) - French
La chefferie traditionnelle est représentée par la Chambre nationale des Rois et Chefs traditionnels. La Chambre nationale des Rois et Chefs traditionnels est l’Institution regroupant tous les Rois et Chefs traditionnels de Côte d’Ivoire.
Elle est chargée notamment:
- de la valorisation des us et coutumes ;
- de la promotion des idéaux de paix, de développement et de cohésion sociale ;
- du règlement non juridictionnel des conflits dans les villages et entre les communautés.
La chefferie traditionnelle participe, dans les conditions déterminées par une loi, à l’administration du territoire. (Art. 175)
Customary Law
- English(1) Every person is entitled to enjoy, practise, profess, maintain and promote any culture, language, tradition or religion subject to the provisions of this Constitution.
(2) All customary practices which dehumanise or are injurious to the physical and mental well-being of a person are prohibited. (Art. 26)
Customary Law
- English1. The state shall recognise the status, role and functions of the institutions of the traditional authorities founded in accordance with customary law which do not contradict the Constitution.
2. Recognition of the institutions of the traditional authorities shall oblige public and private entities to respect, in their relations with these institutions, the values and norms of customary law that are observed within traditional political and community organisations and do not conflict with the Constitution or the dignity of the human person. (Art. 223) - Portuguese1. O Estado reconhece o estatuto, o papel e as funções das instituições do poder tradicional constituídas de acordo com o direito consuetudinário e que não contrariam a Constituição.
2. O reconhecimento das instituições do poder tradicional obriga as entidades públicas e privadas a respeitarem, nas suas relações com aquelas instituições, os valores e normas consuetudinários observados no seio das organizações político-comunitárias tradicionais e que não sejam conflituantes com a Constituição nem com a dignidade da pessoa humana. (Art. 223)
Customary Law
- EnglishAn Act of Parliament must provide for the following, in accordance with the prevailing culture, customs, traditions and practices of the communities concerned—
(a) the appointment, suspension, succession and removal of traditional leaders;
(b) the creation and resuscitation of chieftainships; and
(c) the resolution of disputes concerning the appointment, suspension, succession and removal of traditional leaders; but—
(i) the appointment, removal and suspension of Chiefs must be done by the President on the recommendation of the provincial assembly of Chiefs through the National Council of Chiefs and the Minister responsible for traditional leaders and in accordance with the traditional practices and traditions of the communities concerned;
(ii) disputes concerning the appointment, suspension and removal of traditional leaders must be resolved by the President on the recommendation of the provincial assembly of Chiefs through the Minister responsible for traditional leaders;
(iii) the Act must provide measures to ensure that all these matters are dealt with fairly and without regard to political considerations;
(iv) the Act must provide measures to safeguard the integrity of traditional institutions and their independence from political interference. (Sec. 283)
Customary Law
- English…
2. If any other law or any custom is inconsistent with any of the provisions of this Constitution, the Constitution shall prevail, and that other law or custom shall, to the extent of the inconsistency, be void. (Art. 2)
Customary Law
- English…
(2) Subject to the provisions of subsection (5), no law shall make any provision which is discriminatory either of itself or in its effect.
…
(4) In this section, the expression "discrimination" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status 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.
(5) Subsection (2) shall not apply to any law in so far as that law makes provision—
…
(c) with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
(d) for the application in the case of members of a particular race or tribe of customary law with respect to any matter in the case of persons who, under that law, are subject to that law.
… (Sec. 33)