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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
Vanuatu
- EnglishAll land in the Republic of Vanuatu belongs to the indigenous custom owners and their descendants. (Art. 73)
- FrenchToutes les terres situées dans le territoire de la République appartiennent aux propriétaires coutumiers indigènes et à leur descendance. (Art. 73)
Customary Law
Samoa
- EnglishA Matai title shall be held in accordance with Samoan custom and usage and with the law relating to Samoan custom and usage. (Art. 100)
- SamoanO le a faaaogaina se suafa Matai e talafeagai ai ma aganuu faa-Samoa ma lo latou faaaogaina ma e tusa ai ma le tulafono, e uiga i aganuu faa-Samoa ma lo latou faaaogaina. (Mataupu 100)
Customary Law
Papua New Guinea
- English(1) Notwithstanding anything to the contrary in any other provision of any law, any act that is done under a valid law but in the particular case-
(a) is harsh or oppressive; or
(b) is not warranted by, or is disproportionate to, the requirements of the particular circumstances or of the particular case; or
(c) is otherwise not, in the particular circumstances, reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind, is an unlawful act.
… (Sec. 41)
Customary Law
Micronesia, Federated States of
- EnglishThe Congress may establish, when needed, a Chamber of Chiefs consisting of traditional leaders from each state having such leaders, and of elected representatives from states having no traditional leaders. The constitution of a state having traditional leaders may provide for an active, functional role for them. (Art. V, Sec. 3)
Customary Law
Vanuatu
- English…
(3) Customary Law shall continue to have effect as part of the law of the Republic of Vanuatu. (Art. 95) - French…
3) Les règles coutumières continuent à produire tous leurs effets au sein du système juridique de la République de Vanuatu. (Art. 95)
Customary Law
Palau
- EnglishThe government shall take no action to prohibit or revoke the role or function of a traditional leader as recognized by custom and tradition which is not inconsistent with this Constitution, nor shall it prevent a traditional leader from being recognized, honored, or given formal or functional roles at any level of government. (Art. V, Sec. 1)
Customary Law
Marshall Islands
- English(1) Nothing in Article II10 shall be construed to invalidate the customary law or any traditional practice concerning land tenure or any related matter in any part of the Republic of the Marshall Islands, including, where applicable, the rights and obligations of the Iroijlaplap, Iroijedrik, Alap and Dri Jerbal.
(2) Without prejudice to the continued application of the customary law pursuant to Section 1 of Article XIII,11 and subject to the customary law or to any traditional practice in any part of the Republic, it shall not be lawful or competent for any person having any right in any land in the Republic, under the customary law or any traditional practice to make any alienation or disposition of that land, whether by way of sale, mortgage, lease, license or otherwise, without the approval of the Iroijlaplap, Iroijedrik where necessary, Alap and the Senior Dri Jerbal of such land, who shall be deemed to represent all persons having an interest in that land.
(3) Nothing in this Constitution shall be construed so as to preclude its application to every place within the traditional boundaries of the archipelago of the Republic. (Art. X, Sec. 1)
Customary Law
Papua New Guinea
- EnglishWE THE PEOPLE OF PAPUA NEW GUINEA-
…
- acknowledge the worthy customs and traditional wisdoms of our people which have come down to us from generation to generation
- pledge ourselves to guard and pass on to those who come after us our noble traditions and the Christian principles that are ours now.
… (Preamble)
Customary Law
Tuvalu
- English(1) Freedom based on law consists of the least restriction on the activities of individuals consistent with the public welfare and the maintenance and development of Tuvalu and Tuvaluan society in accordance with this Constitution and, in particular, in accordance with the Principles set out in the Preamble.
(2) Everyone has the right to freedom based on law, and accordingly, subject to this Constitution -
(a) everyone has the legal right to do anything that —
(i) does not injure others or interfere with the rights and freedoms of others; and
(ii) is not prohibited by law; and
(b) no-one may be -
(i) legally obliged to do anything that is not required by law; or
(ii) prevented by law from doing anything that complies with the provisions of paragraph (a).
(3) This section is not intended to deny the existence, nature or effect of cultural, social, civic, family or religious obligations, or other obligations of a nonlegal nature, or to prevent such obligations being given effect by law if, and so far as, it may be thought appropriate to do so. (Sec. 10)
Customary Law
Solomon Islands
- EnglishUntil Parliament makes other provision under the preceding section, the provisions of Schedule 3 to this Constitution shall have effect for the purpose of determining the operation in Solomon Islands -
(a) of certain Acts of the Parliament of the United Kingdom mentioned therein;
(b) of the principles and rules of the common law and equity;
(c) of customary law; and
(d) of the legal doctrine of judicial precedent. (Sec. 76)