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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...
(5) There shall be a Council of Traditional Leaders to be established in terms of an Act of Parliament in order to advise the President on the control and utilization of communal land and on all such other matters as may be referred to it by the President for advice. (Art. 102)
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
- English…
(2) When interpreting an enactment, and when developing the common law and customary law, every court, tribunal, forum or body must promote and be guided by the spirit and objectives of this Chapter13. (Sec. 46)
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
- EnglishCustomary and traditional rules concerning collective criminal responsibility are prohibited. (Art. 27)
- Arabicتحظر القواعد العرفية والتقليدية المتعلقة بالمسؤولية الجنائية الجماعية. (المادة 27)
- FrenchLes règles coutumières et traditionnelles relatives à la responsabilité pénale collective sont interdites. (Art. 27)
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
Botswana
- English(1) If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established or recognized by law.
(2) Every person who is charged with a criminal offence-
…
(d) shall be permitted to defend himself or herself before the court in person or, at his or her own expense, by a legal representative of his or her own choice;
(e) shall be afforded facilities to examine in person or by his or her legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his or her behalf before the court on the same conditions as those applying to witnesses called by the prosecution;
...
(8) No person shall be convicted of a criminal offence unless that offence is defined and the penalty therefor is prescribed in a written law:
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(12) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-
(b) subsection (2)(d) or (2)(e) of this section to the extent that the law in question prohibits legal representation before a subordinate court in proceedings for an offence under customary law (being proceedings against any person who, under that law, is subject to that law);
...
(e) subsection (8) of this section to the extent that the law in question authorizes a court to convict a person of a criminal offence under any customary law to which, by virtue of that law, such person is subject.
... (Sec. 10)
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)