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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
- EnglishThe Council of Iroij shall have the following functions:
(a) the Council may consider any matter of concern to the Republic of the Marshall Islands, and it may express its opinion thereon to the Cabinet;
(b) the Council may request, in accordance with Section 3 of this Article, the reconsideration of any Bill affecting the customary law, or any traditional practice, or land tenure, or any related matter, which has been adopted on the third reading by the Nitijela;
(c) the Council shall have such other functions as may be conferred on it by or pursuant to Act. (Art. III, Sec. 2)
Customary Law
- EnglishWe the people of Solomon Islands, proud of the wisdom and the worthy customs of our ancestors, mindful of our common and diverse heritage and conscious of our common destiny, do now, under the guiding hand of God, establish the sovereign democratic State of Solomon Islands; …
Agree and pledge that –
...
(d) we shall cherish and promote the different cultural traditions within Solomon Islands;
... (Preamble)
Customary Law
- EnglishNothing in this Constitution takes away a role or function of a traditional leader as recognized by custom and tradition, or prevents a traditional leader from being recognized, honored, and given formal or functional roles at any level of government as may be prescribed by this Constitution or by statute. (Art. V, Sec. 1)
Customary Law
- EnglishParliament shall provide for the establishment of village or island courts with jurisdiction over customary and other matters and shall provide for the role of chiefs in such courts. (Art. 52)
- FrenchLe Parlement crée des tribunaux de village ou d'île compétents en matière coutumière ou autre, et définit le rôle des chefs auprès de ces tribunaux. (Art. 52)
Customary Law
- English(1) In this Constitution, unless the context otherwise requires—
…
“customary law” means the rules of customary law prevailing in an area of Solomon Islands;
… (Sec. 144)
Customary Law
- English1. Notwithstanding Articles 73 and 74 the Government may buy land from custom owners for the purpose of transferring ownership of it to indigenous citizens or indigenous communities from over-populated islands.
2. When redistributing land in accordance with subarticle (1), the Government shall give priority to ethnic, linguistic, customary and geographical ties. (Art. 81) - French1) Nonobstant les dispositions des articles 73 et 74, le gouvernement peut acheter des terres aux propriétaires coutumiers dans le but d'en transférer la propriété aux citoyens indigènes ou à des collectivités indigènes originaires d'îles surpeuplées.
2) Pour la redistribution des terres effectuée en application du paragraphe 1), le gouvernement tient compte en priorité des facteurs ethniques, linguistiques, coutumiers et géographiques. (Art. 81)
Customary Law
- English(1) In this Constitution or an Organic Law-
…
"custom" means the customs and usages of indigenous inhabitants of the country existing in relation to the matter in question at the time when and the place in relation to which the matter arises, regardless of whether or not the custom or usage has existed from time immemorial;
… (Schedule 1.2)
Customary Law
- English(1) All land in Samoa is customary land, freehold land or public land.
(2) Customary land means land held from Samoa in accordance with Samoan custom and usage and with the law relating to Samoan custom and usage.
… (Art. 101) - Samoan(1) O eleele uma i Samoa o eleele tau le aganuu, eleele umia saoloto (fanua na faatauina mai), po o eleele tau le Malo.
(2) O eleele tau le aganuu o lona uiga o eleele e umia mai ia Samoa 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 101)
Customary Law
- English
...
3. While believing that Tuvalu must take its rightful place amongst the community of nations in search of peace and the general welfare, nevertheless the people of Tuvalu recognize and affirm, with gratitude to God, that the stability of Tuvaluan society and the happiness and welfare of the people of Tuvalu, both present and future, depend very largely on the maintenance of Tuvaluan values, culture and tradition, including the vitality and the sense of identity of island communities and attitudes of co-operation, self-help and unity within and amongst those communities.
4. Amongst the values that we the people of Tuvalu seek to maintain are those embodied in our traditional forms of community, the Falekaupule, and the strength and support of the family and family discipline.
5. In government, and in social affairs generally, the guiding principles of Tuvalu are
- agreement, courtesy and the search for consensus, in accordance with traditional Tuvaluan procedures, rather than alien ideas of confrontation and divisiveness;
- the need for mutual respect and co-operation between the different kinds of authorities concerned, including the central Government, the traditional authorities, local governments and authorities, and the religious authorities.
6. Therefore, the life and the laws of Tuvalu should be based on respect for Christian principles, Tuvaluan values and culture, the Rule of Law and human dignity.
7. The people of Tuvalu recognize that in a changing world, and with changing needs, the manner and form of the expression of these principles and values may change, but the Constitution must recognise their fundamental importance to the life of Tuvalu and, where necessary, reinforce them.
… (Principles of the Constitution)7
Customary Law
- English(1) Subject to this Part, an emergency law may make provision for the peace, order and good government of the country to the extent reasonably required for achieving its purpose.
(2) Notwithstanding the provisions of Sections 12 and 13 but subject to Subsections (3) and (4), an emergency law may alter, wholly or partly, and absolutely or subject to conditions, any provision of Division III.3 (basic rights), any Organic Law made for the purposes of any such provision or any other law (other than a Constitutional Law) to the extent reasonably necessary to deal with the emergency concerned, and with matters arising out of it, but only so far as is reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind.
(3) An emergency law-
(a) may not alter-
i. Section 35 (right to life); or
ii. Section 36 (freedom from inhuman treatment); or
iii. Section 45 (freedom of conscience, thought and religion); or
iv. Section 50 (right to vote and stand for public office); or
v. Section 55 (equality of citizens); or
vi. Section 56 (other rights and privileges of citizens, and
(b) may provide for internment only in accordance with Division 5 (internment); and
(c) may alter Section 37 (protection of the law) or Section 42 (liberty of the person) only to the extent allowed by Paragraph (b).
(4) In addition, an Emergency Regulation may not alter-
(a) Section 46 (freedom of expression); or
(b) Section 47 (freedom of assembly and association); or
(c) Section 49 (right to privacy); or
(d) Section 51 (right to freedom of information), and may not provide for a sentence of imprisonment for a period exceeding nine months.
(5) In the case of an inconsistency between a valid emergency law and any other law, the law made later prevails. (Sec. 233)