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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
- EnglishWe the people of Kiribati, acknowledging God as the Almighty Father in whom we put trust, and with faith in the enduring value of our tradition and heritage, do now grant ourselves this Constitution establishing a sovereign democratic State. In implementing this Constitution, we declare that –
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4. we shall continue to cherish and uphold the customs and traditions of Kiribati. (Preamble)
Customary Law
- EnglishThe following is the law of succession to hereditary estates and titles:
Children lawfully born in wedlock only may inherit and the eldest male child shall succeed and the heirs of his body but if he have no descendants then the second male child and the heirs of his body and so on until all the male line is ended. Should there be no male child the eldest female child shall succeed and the heirs of her body and if she should have no descendants the second female child and the heirs of her body and so on until the female line is ended. And failing direct heirs the property shall revert to the eldest brother of the owner of the property beginning with the eldest and his heirs in succession to the youngest and their heirs in accordance with the law of inheritance. And if the brothers have no descendants it shall descend to the eldest sister and the female line as provided in the case of the male line. And if these should have no descendants and there should be no legitimate heir it shall revert to the Crown in accordance with the one hundred and twelfth clause. But should a female be next in succession to the title of a noble or of a hereditary chief the next male heir shall inherit the title and estates. But should such female afterwards have a legitimate male issue the title and estates shall revert to the male issue of the female upon the death of the male in possession of the estate:
Provided that the female that is the heir shall occupy the town allotment and the plantation lands appertaining to such title but the hereditary estates that is the lands occupied by the people shall be held by the inheritor of the title. …
And whereas by Tongan custom the noble Niukapu forms part of the 'Ulutolu line, now therefore it is decreed that in the event the holder of the estate and title of Niukapu is not a descendant by blood of the original Niukapu before 1875, such estate and title shall revert at the death of such holder to a descendant by blood of the Niukapu line. (Clause 111) - TonganKo eni ‘a e lao ‘o e hokohoko ki he ngaahi tofi‘a mo e ngaahi hingoa tukufakaholo:
‘E ngofua ke kau ‘i he hokohoko ni ‘a e fanau tupu mali pe ‘e hoko ki he ‘uluaki tamasi‘i tangata mo e ngaahi ‘ea ‘o hono sino pea ka hala ia ‘o ‘ikai hano hako ‘e hoko ki hono ua ‘o e tamasi‘i tangata mo e ngaahi ‘ea ‘o hono sino pea fai pehe kae ‘oua kuo ‘osi ‘a e fanau tangata. Ka ‘ikai ha tamasi‘i tangata ‘e hoko ki he ‘uluaki tamasi‘i fefine mo e ngaahi ‘ea ‘o hono sino pea fai pehe kae ‘oua kuo ‘osi ‘a e fanau fefine. Ka hala ia ‘o ‘ikai ha hako ‘e foki ki he ngaahi tokoua tangata ‘o ia ‘a ia na‘e ‘o‘ona ‘a e tofi‘a pea fai mei he ‘uluaki ‘o a‘u ki he ki mui pea mo honau hako ‘o hange ko e lao ‘o e hokohoko. Pea ka hala ‘a e ngaahi tokoua tangata pea ka ‘ikai ha taha tonu tupu mali ‘iate kinautolu ‘e foki ki he Pule‘anga ‘o hange ko hono teau ma hongofulu ma ua ‘o e kupu. Pea koe‘uhi na‘a faifai pea hoko ha fefine ko e ‘ea ki ha hingoa ‘o ha nopele pea ka pehe ‘e hoko ‘a e tangata ‘oku hoko ki he fefine ‘o ma‘u ‘a e hingoa mo e lakanga ko ia pea ka faifai pea ma‘u ha hako tangata ‘e he fefine ko ia pea ka pekia ‘a e tangata na‘e ma‘u ‘a e hingoa ‘e toki foki ki he hako ‘o e fefine ko ia:
Pea ‘e ‘i he fefine ko e ‘ea ‘a e tofi‘a tukufakaholo ‘a e ‘api kolo mo e ‘api ‘i ‘uta ka ko e tofi‘a lahi ‘oku nofo ai ‘a e kakai ‘e ma‘u ‘e he tangata ‘e ma‘u ‘a e hingoa ko ia.Koe‘uhi ‘i he anga faka-Tonga na‘e fa‘a ngaue‘aki ma‘u ha ngofua ke lava ha tamasi‘i ohi ‘o hoko ki ha ngaahi tofi‘a mo ha ngaahi hingoa ‘o ‘ene tamai- ‘i-he-ohi ko ia ai ‘oku tu‘utu‘uni mamafa heni ka pekia ha taha ‘oku ne ma‘u ha tofi‘a pe hingoa ‘a ia ko ‘ene ma‘u ‘a e tofi‘a pe hingoa ko ia koe‘uhi ko e hako ia ‘i he toto ‘o e tamasi‘i ohi ko ia kuo pau ke foki ‘a e tofi‘a mo e hingoa ko ia ‘o hange ko e ngaahi tu‘utu‘uni ‘a e kupu ni pea kapau ‘oku ‘ikai ha hako ‘i he toto pehe ‘oku kei mo‘ui ‘oku pau ke ngaue‘aki ‘a e ngaahi tu‘utu‘uni ‘a e kupu ‘oku hoko leva mai pe ki heni.
Pea koe‘uhi ko e fatungamotu‘a ‘o Tonga ‘oku kau ai ‘a e Nopele Niukapu ki he laine ‘o e ‘Ulutolu, ko ia ‘oku tu‘utu‘uni ai heni ka hoko ‘o ma‘u ‘a e tofi‘a tukufakaholo mo e hingoa ‘o e Niukapu ‘e ha taha ‘oku ‘ikai ko ha hako ‘i he toto ‘o e ‘uluaki Niukapu ki mu‘a ‘i he 1875, kuo pau ke foki ‘a e tofi‘a tukufakaholo mo e hingoa ko ia ‘i ha pekia ‘a e taha ‘oku ne ma‘u ki ha hako ‘i he toto ‘o e laine Niukapu. (Kupu 111)
Customary Law
- English
(1) Subject to the provisions of subsections (5), (6) and (9) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.
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(4) In this section, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour, creed or sex 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 (1) of this section shall not apply to any law so far as that law makes provision-
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(c) for the application, in the case of persons of any such description as is mentioned in the preceding subsection (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description;
(d) for the application of customary law;
… (Sec. 15)8
Customary Law
- English
WE, the People of Tuvalu: -
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CELEBRATING our distinct culture and tradition influenced mainly by people of Polynesian descent;
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REAFFIRMING our desire to constitute ourselves as a free and democratic sovereign nation based on Christian Principles, Tuvaluan values and culture and the Rule of Law;
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Customary Law
- English
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(5) In determining whether a law or act is reasonably justifiable in a democratic society that has a proper respect for human rights and dignity, a court may have regard to —
(a) traditional standards, values and practices, as well as previous laws and judicial decisions, of Tuvalu;
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(6) Notwithstanding subsection (5), any law, or any act done under a valid law, which accords with traditional standards, values and practices shall not contravene subsection (1) above, unless the relevant traditional standard, value or practice would be regarded by a resolution of Parliament supported by the votes of two-thirds of the total membership as one which should be eliminated. (Sec. 15)
Customary Law
- English(1) Subject to Subsections (2) and (3), custom is adopted, and shall be applied and enforced, as part of the underlying law.
(2) Subsection (1) does not apply in respect of any custom that is, and to the extent that it is, inconsistent with a Constitutional Law or a statute, or repugnant to the general principles of humanity.
(3) An Act of the Parliament may—
(a) provide for the proof and pleading of custom for any purpose; and
(b) regulate the manner in which, or the purposes for which, custom may be recognized, applied or enforced; and
(c) provide for the resolution of conflicts of custom. (Schedule 2.1)
Customary Law
- EnglishParliament shall by law provide for the organisation of the Malvatumauri Council of Chiefs and in particular for the role of chiefs at the village, island and district level. (Art. 31)
- FrenchLe Parlement légifère sur l'organisation du Conseil des Chefs Malvatumauri, et en particulier sur le rôle des chefs dans les villages, dans les îles et dans les provinces. (Art. 31)
Customary Law
- English(1) Subject to this paragraph, the principles and rules of the common law and equity shall have effect as part of the law of Solomon Islands, save in so far as:-
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(c) in their application to any particular matter, they are inconsistent with customary law applying in respect of that matter.
… (Schedule 3, Sec. 2)
Customary Law
- English(1) There shall be a Council of Iroij of the Republic of the Marshall Islands.
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(3) If, in any district, a person or group of persons becomes recognized, pursuant to the customary law8 or to any traditional practice, as having rights and obligations analogous to those of Iroijlaplap, that person, or a member of that group nominated by the group, shall be deemed to be eligible to be a member of the Council of Iroij as though he were an Iroijlaplap.
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(5) If, in the case of any district, there is for any reason no person eligible to be a member of the Council of Iroij in accordance with paragraphs (2) or (3) of this Section, the Council of Iroij shall as soon as practicable proceed, by resolution, to appoint as a member of the Council a person who, in the opinion of the Council, having regard to the customary law and any traditional practice, is qualified by reason of his family ties to a person who, but for that reason, would have been eligible to be a member of the Council from that district.
… (Art. III, Sec. 1)
Customary Law
- English
(1) There shall be a Land and Titles Court comprising of:
(a) Land and Titles First Court;
(b) Land and Titles High Court; and
(c) Land and Titles Court of Appeal and Review,
and all appointments and with such jurisdiction in relation to matai title and customary lands provided in this 'Part IX Land and Titles Court' of the Constitution, or an Act of Parliament.
(2) The Courts in this Part IX Land and Titles Court has special jurisdiction, it governs a legal system different and separate from that of the Civil and Criminal Courts in Part VI; and has special individual jurisdiction over the subject of Samoan customs and usages in relation to matai titles and customary lands.
(3) All persons are entitled to the protection of their custom rights the subject of the jurisdiction of the courts in this Part. (Art. 104) - Samoan
(1) O le a i ai se Faamasinoga o Fanua ma Suafa e aofia ai:
(a) Faamasinoga Muamua o Fanua ma Suafa;
(b) Faamasinoga Maualuga o Fanua ma Suafa; ma le
(c) Faamasinoga o Talosaga ma Iloiloga o Fanua ma Suafa,
ma tofiga ma lana puleaga faatatau i mataupu e faasino i suafa matai ma eleele faa-le-aganuu ua aiaia i lenei 'Vaega IX Faamasinoga o Fanua ma Suafa' o le Faavae, po o se Tulafono a le Palemene.
(2) O Faamasinoga i lenei Vaega IX Faamasinoga o Fanua ma Suafa, e i ai puleaga faapitoa, na te puleaina se faiga faaletulafono ese ma e tu ese mai i Faamasinoga o Mataupu Tau le Va o Tagata ma Solitulafono o i ai i le Vaega VI; ma e i ai le puleaga toatasi faapitoa i mataupu tau i tu ma aganuu faa-Samoa ma Jo latou faaaogaina e faatatau i suafa matai ma eleele faa-le-aganuu.
(3) E agavaa tagata uma i le puipuiga o a latou aia tatau i aganuu faa-Samoa, o le mataupu autu o le puleaga a Faamasinoga i lenei Vaega. (Mataupu 104)