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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
Eswatini
- English...
(8) Notwithstanding subsection (1), the High Court has no original or appellate jurisdiction in matters relating to the office of iNgwenyama; the office of iNdlovukazi (the Queen Mother); the authorisation of a person to perform the functions of Regent in terms of section 8; the appointment, revocation and suspension of a Chief; the composition of the Swazi National Council, the appointment and revocation of appointment of the Council and the procedure of the Council; and the Libutfo (regimental) system, which matters shall continue to be governed by Swazi law and Custom. (Sec. 151)
Customary Law
Zambia
- English...
2. In exercising judicial authority, the courts shall be guided by the following principles:
…
d. alternative forms of dispute resolution, including traditional dispute resolution mechanisms, shall be promoted, subject to clause (3);
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3. Traditional dispute resolution mechanisms shall not—
a. contravene the Bill of Rights;
b. be inconsistent with other provisions of this Constitution or other written law; or
c. be repugnant to justice and morality. (Art. 118)
Customary Law
Liberia
- EnglishThe Judicial Power of the Republic shall be vested in a Supreme Court and such subordinate courts as the legislature may from time to time establish. The courts shall apply both statutory and customary laws in accordance with the standards enacted by the Legislature. … (Art. 65)
Customary Law
Rwanda
- EnglishThe State has the duty to safeguard and promote national values based on cultural traditions and practices so long as they do not conflict with human rights, public order and good morals.
… (Art. 47) - KinyarwandaLeta ifite inshingano zo kurengera no guteza imbere indangagaciro z'Igihugu zishingiye ku mibereho no ku mitekerereze ndangamuco ndetse no ku biranga umuco w’Igihugu muri rusange, mu gihe bitabangamiye uburenganzira bwa muntu, ituze rusange rya rubanda n’imyifatire ndangabupfura.
… (Ingingo ya 47) - FrenchL’Etat a le devoir de sauvegarder et de promouvoir les valeurs nationales fondées sur les traditions et pratiques culturelles dans la mesure où elles ne sont pas contraires aux droits de la personne, à l’ordre public et aux bonnes mœurs.
… (Art. 47)
Customary Law
Botswana
- English...
(2) The National Assembly shall not proceed upon any Bill (including any amendment to a Bill) that, in the opinion of the person presiding, would, if enacted, alter any of the provisions of this Constitution or affect-
(a) the designation, recognition, removal of powers of Dikgosi or Dikgosana
(b) the organization, powers or administration of customary courts;
(c) customary law, or the ascertainment or recording of customary law; or
(d) tribal organization or tribal property,
unless-
(i) a copy of the Bill has been referred to the Ntlo ya Dikgosi after it has been introduced in the National Assembly; and
(ii) a period of 30 days has elapsed from the date when the copy of the Bill was referred to the Ntlo ya Dikgosi. (Sec. 88)
Customary Law
South Sudan
- English…
2. The Supreme Court shall exercise competences as follows:
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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
Uganda
- English1. Notwithstanding anything in this Constitution, the State shall take affirmative action in favour of groups marginalised on the basis of gender, age, disability or any other reason created by history, tradition or custom, for the purpose of redressing imbalances which exist against them.
2. Laws, cultures, customs and traditions which are against the dignity, welfare or interest of women or any other marginalised group to which clause (1) relates or which undermine their status, are prohibited by this Constitution.
… (Art. 32)
Customary Law
Zimbabwe
- English(1) There is a National Council of Chiefs constituted in accordance with an Act of Parliament, to represent all Chiefs in Zimbabwe.
(2) An Act of Parliament must establish for each province, other than the metropolitan provinces, a provincial assembly of Chiefs consisting of the Chiefs in that province.
(3) So far as practicable the Chiefs in each province must be equitably represented in the National Council of Chiefs.
(4) Elections of the President, Deputy President and members of the National Council of Chiefs must be conducted by the Zimbabwe Electoral Commission.
(5) Each provincial assembly of Chiefs must elect, in accordance with the Electoral Law, Chiefs to represent the province in the Senate in terms of section 120(1)(b).
(6) The President and Deputy President of the National Council of Chiefs are elected for a term of five years and are eligible for re-election for one further such term, but a person who has served two terms as Deputy President is eligible for election as President.
(7) An Act of Parliament must provide for—
(a) the election of Chiefs to the National Council of Chiefs, and the qualifications and disqualifications of candidates for election;
(b) the oath of office to be taken by members of the National Council of Chiefs and provincial assemblies of Chiefs;
(c) the tenure of office of members of the National Council of Chiefs;
(d) the remuneration, pension and other benefits of the President, Deputy President and members of the National Council of Chiefs;
(e) the procedure to be followed at meetings of the National Council of Chiefs and provincial assemblies of Chiefs; and
(f) the establishment of a secretariat for the National Council of Chiefs and provincial assemblies of Chiefs. (Sec. 285)