recognition of the institutions of the traditional authorities shall oblige public and private entities to respect, in their relations with these institutions, the values and norms of customary law that are observed within traditional political and community organisations and do not conflict with the constitution or the dignity of the human person. the nations and the rural native indigenous peoples that live in isolation and out of contact enjoy the right to maintain themselves in that condition, and to the legal definition and consolidation of the territory which they occupy and inhabit. the traditional authorities shall be the entities which personify and exercise power within the respective political and community organisations, in accordance with the values and norms of customary law and respecting the constitution and the law. two or more rural native indigenous peoples can form a single rural native indigenous autonomy. to autonomous indigenous territorial management, and to the exclusive use and exploitation of renewable natural resources existing in their territory without prejudice to the legitimate rights acquired by third parties. communal, by means of the election, designation or nomination of the authorities and representatives pursuant to the norms and procedures of the native indigenous nations and peoples, among others, in accordance with the law. the public universities, within the framework of their statutes, shall establish decentralized academic and inter-cultural programs pursuant to the necessities of the state and the nations and rural native indigenous peoples. the validity and legal force of custom which does not contradict the constitution and does not threaten human dignity shall be recognised. to their cultural identity, religious belief, spiritualities, practices and customs, and their own world view. the nations and rural native indigenous peoples may elect their candidates according to their own democratic communitarian norms. the afro-bolivian people enjoy, in everything corresponding, the economic, social, political and cultural rights that are recognized in the constitution for the nations and the rural native indigenous peoples. the attributions, responsibilities, organisation, system of control, liability and assets of the institutions of the traditional authorities, their institutional relations with state local administration and local authority administration bodies and the types of traditional authorities shall be regulated by law. the state shall recognize, respect and protect the uses and customs of the community, of its local authorities and the rural native indigenous organizations over the right, management and administration of sustainable water. administration and preservation of protected areas within their jurisdiction, within the framework of the policy of the state. individual agrarian property is classified as small, medium and business, according to the surface area, the production, and the development criteria. its maximum and minimum dimensions, characteristics and forms of conversion shall be regulated by law. legally acquired rights by individual owners, whose piece of land is inside rural native indigenous territories, are guaranteed. customary and traditional rules concerning collective criminal responsibility are prohibited. to plan, design, construct, conserve and administer roads in coordination with the rural native indigenous villages when necessary. the execution of customary law; each rural, native, or indigenous autonomy shall draft its statute according to its own norms and procedures, in conformity with the constitution and the law. the state guarantees, respects and protects the rights of the nations and the rural native indigenous peoples consecrated in this constitution and the law. the direct election, designation and nomination of the representatives of the nations and the rural native indigenous peoples, in accordance with their own norms and procedures. the departmental assembly shall be composed of members elected by universal, direct, free, secret and obligatory vote; and by members elected by the nations and rural native indigenous peoples, in accordance with their own norms and procedures. the rural native indigenous villages, in addition to their authority, shall assume that of municipalities, in accordance with a process of institutional development and with their own cultural characteristics in conformity with the constitution and the framework law of autonomies and decentralization. to elaborate their statute for the exercise of their autonomy pursuant to the constitution and the law. the state takes strength from the existence of rural native indigenous cultures, which are custodians of knowledge, wisdom, values, spiritualities and world views. the state guarantees the right to individual or collective property, acquired in conformity to the law or to custom. the promotion of the ideas of peace, of development and of social cohesion; the integrity of rural native indigenous territory is recognized, which includes the right to land, to the use and exclusive exploitation of the renewable natural resources under conditions determined by law, to prior and informed consultation, to participation in the benefits of the exploitation of the non-renewable natural resources that are found in their territory, to the authority to apply their own norms, administered by their structures of representation, and to define their development pursuant to their own cultural criteria and principles of harmonious coexistence with nature. the rural native indigenous territories may be composed of communities. the exploitation of the natural resources in the indigenous territories shall be done without impairing the cultural, social, and economic integrity of the indigenous communities. in the decisions adopted with respect to said exploitation, the government shall encourage the participation of the representatives of the respective communities. the legal consultations of the rural native indigenous authorities on the application of their juridical norms as applied in a concrete case. compliance with the decision of the constitutional court is obligatory. the state shall recognise and protect the right of rural communities to use and benefit from the means of production, under the terms of the constitution, the law and customary law. the basic elements of the system for the organisation and functioning of local government and the involvement of citizens and traditional authorities in its work; the formation of rural native indigenous autonomy is based on ancestral territories, currently inhabited by those peoples and nations, and pursuant to the will of their population as expressed through consultation, in accordance with the constitution and the law. that their traditional teachings and knowledge, their traditional medicine, languages, rituals, symbols and dress be valued, respected and promoted. to secure compliance with the decisions of the rural native indigenous jurisdiction, its authorities may request the support of the competent bodies of the state. the rural native indigenous communities located within forest areas shall have the exclusive right to their exploitation and their management, in accordance with the law. until their codification, the customary and traditional rules are only applicable in the communities where they are recognized. the public defender shall also promote the defense of the rights of the nations and rural native indigenous peoples, of urban and intercultural communities, and of bolivians who are abroad. the rural native indigenous jurisdiction is based on the specific connection between the persons who are members of the respective nation or rural native indigenous people. the state shall protect this wisdom and knowledge through the registration of the intellectual property that safeguards the intangible rights of the nations and rural native indigenous peoples and of the intercultural and afro-bolivian communities. this jurisdiction hears rural native indigenous matters pursuant to that established in a law of jurisdictional demarcation. the safeguard and registration of collective intellectual property related to knowledge of genetic resources, traditional medicine and germ plasma, in accordance with the law. elaboration of plans of land regulation and land use, in coordination with the plans at the central state, departmental and municipal levels. it is the responsibility of the state to promote and guarantee the respect for, and the use, research and practice of traditional medicine, rescuing ancestral knowledge and practices created from the thinking and values of all the nations and the rural native indigenous peoples. the law shall determine the general criterion for the election and determine the number of municipal council members. the organic municipal charter shall define its application, according to the specific reality and conditions of its jurisdiction. the traditional and customary authorities are the guarantors of use and custom. the customary authority has the duty to promote national unity and cohesion. the procedure according to which customary laws shall be recorded and brought into harmony with the fundamental principles of the constitution; 23a. the culture of tribes, minor races, ethnic sects and communities statute shall establish the minimum population requirements and other modalities for the constitution of an indigenous peasant farmer autonomy. ordinary jurisdiction and rural native indigenous jurisdiction enjoy equal status. bolivia is organized territorially into departments, provinces, municipalities and rural native indigenous territories. social participation, community participation, and the participation of the parents in the educational system are recognized and guaranteed by means of representative organizations at all levels of the state and in the nations and the rural native indigenous peoples. their composition and attributes shall be established by the law. a consultative organ called the high council of the autonomous collectivities and of traditional leadership is instituted. the decision to convert a municipality into a rural native indigenous autonomy shall be adopted by referendum, pursuant to the requisites and conditions established by law. by means of a law approved by the majority of the members of each house, it shall be possible to limit the exercise of the rights of movement and residence, establish controls on the density of population, regulate the use of the land, and submit to special conditions the transfer of immovable property in order to protect the cultural identity of the native [indian] communities and preserve the environment and natural resources of the archipelago. in default of consent, the national law alone is applicable. the nations and rural native indigenous peoples may elect their political representatives whenever required, in accordance with their own forms of election. the health system is unitary and includes traditional medicine of the nations and the rural native indigenous peoples. persons have the right to enjoy the benefits and applications of scientific progress and ancestral wisdom. the state shall regulate the management and sustainable administration of the water resources and the basins for irrigation, food security and basic services, respecting the uses and customs of the communities. the law establishes the rules concerning: the customary authority is recognized. systems of micro-irrigation in coordination with rural native indigenous villages. exercise of rural native indigenous jurisdiction for the application of justice and the resolution of conflict through their own norms and procedures in accordance with the constitution and the law. the state recognizes, protects and guarantees communitarian or collective property, which includes rural native indigenous territory, native, intercultural communities and rural communities. collective property is indivisible, may not be subject to prescription or attachment, is inalienable and irreversible, and it is not subject to agrarian property taxes. communities can be owners, recognizing the complementary character of collective and individual rights, respecting the territorial unity in common. the indigenous autonomy, based on consolidated indigenous territories and those undergoing that process and once consolidated, shall be formed by the express will of the population through consultation, as the only necessary requisite, pursuant to their own norms and procedures. the non-jurisdictional regulation of disputes within their territorial jurisdiction. all national, provincial, local and customary authorities have the duty to safeguard the unity of the republic and the integrity of its territory, under penalty of high treason. within the two years following the entry into effect of the present constitution, congress shall issue, following a study by a special commission that the government shall create for that purpose, a law which shall take cognizance of the black communities which have come to occupy uncultivated lands in the rural zones adjoining the rivers of the pacific basin, in accordance with their traditional cultivation practices and the right to collective property over the areas which the same law shall demarcate. definition and management of their own forms of economic, social, political, organizational and cultural development, in accord with their identity and the vision of each village. the conflicts of authority between the rural native indigenous jurisdiction and ordinary and agro-environmental jurisdiction. the national assembly shall have exclusive power to legislate on the following matters: to universal and free health care that respects their world view and traditional practices. the forms of local government organisation shall include local authorities, the institutions of the traditional authorities and other specific forms of citizen participation, under the terms of the law. the state shall promote and strengthen rural native indigenous justice. the law of jurisdictional demarcation shall determine the mechanisms of coordination and cooperation between rural native indigenous jurisdiction and ordinary jurisdiction and agro-environmental jurisdiction and all the recognized constitutional jurisdictions. the rural native indigenous territory includes areas of production, areas of exploitation and conservation of natural resources, and spaces for social, spiritual and cultural reproduction. the law shall establish the procedure for recognition of these rights. the self-governance of the rural native indigenous autonomies is exercised according to their norms, institutions, authorities and procedures, in accordance with their authority and competences, and in harmony with the constitution and the law. the rural native indigenous region shall assume the authority that may be transferred or delegated to it. however, customs contrary to the public order or those that promote inequality between citizens are prohibited. the negotiation, signing and ratification of international relations shall be guided by the principles of: the rural native indigenous jurisdiction is exercised in the following areas of personal, material and territorial legal effect: this jurisdiction applies to the relations and juridical acts that are carried out, or the effects of which are produced, within the jurisdiction of a rural native indigenous people. the nations and the rural native indigenous peoples that are in danger of extinction, in voluntary isolation and not in contact, shall be protected and respected with respect to their forms of individual and collective life. during the legal process, the parties in conflict enjoy equal opportunities to exercise the faculties and rights that may help them, whether in an ordinary process or by rural native indigenous process. the state, in coordination with the rural native indigenous authorities and the inhabitants of the amazonia, shall create a special, decentralized organ, with headquarters in the amazonia, to promote its own activities in the region. the law shall determine the general criteria for the election of members of the departmental assemblies, taking into account population, territorial, cultural identity and linguistic representation when there are rural native indigenous minorities, and parity and alternation of gender. the statutes of autonomy shall define its application in accordance with the specific reality and conditions of its jurisdiction. in the framework of the unity of the state, and in accordance with this constitution, the nations and rural native indigenous peoples enjoy the following rights: the world views, myths, oral history, dances, cultural practices, knowledge and traditional technologies are patrimony of the nations and rural native indigenous peoples. this patrimony forms part of the expression and identity of the state. a law establishes the status of the customary chiefs. electrification in isolated places in their jurisdiction. the traditional and customary authorities participate in particular in: the high council of the autonomous collectivities and of traditional leadership is a consultative assembly. the state shall take steps to protect and develop the unique local culture and tradition of the tribes, minor races, ethnic sects and communities. to constitute an indigenous originary peasant autonomy extending to territories in one or more municipalities, statute shall determine the articulation, coordination and cooperation mechanisms for the exercise of its government. the promotion of traditional medicine shall include the registry of natural medicines and of their curative properties, as well as the protection of their knowledge as intellectual, historic, cultural property and as patrimony of the nations and the rural native indigenous peoples. the departmental and municipal resources, and those of the rural native indigenous autonomies, and the judicial and university resources, which are collected by dependent offices at the national level, shall not be centralized in the national treasury. the nations and native indigenous rural peoples shall exercise their jurisdictional functions and competency through their authorities, and shall apply their own principles, cultural values, norms and procedures. the principles that govern territorial organization and the decentralized and autonomous territorial entities are: unity, voluntariness, solidarity, equity, the common good, self government, equality, complementariness, reciprocity, gender equity, subsidiarity, gradualness, coordination and institutional faithfulness, transparency, public participation and control, provision of economic resources and the pre-existence of the nations and rural native indigenous peoples, under the terms established in this constitution. in the case of an indigenous [indian] territory that may include the territory of two or more departments, its administration shall be implemented by indigenous councils in coordination with the governors of the respective departments. in case that such territory should decide to constitute itself as a territorial entity, this shall be done in compliance with the requirements established by the first clause of this article. given the pre-colonial existence of nations and rural native indigenous peoples and their ancestral control of their territories, their free determination, consisting of the right to autonomy, self-government, their culture, recognition of their institutions, and the consolidation of their territorial entities, is guaranteed within the framework of the unity of the state, in accordance with this constitution and the law. freedom of thought, faith and religious education, as well as the spirituality of the nations and the rural native indigenous peoples, shall be recognized and guaranteed in the educational centers. mutual respect and coexistence among persons of diverse religions shall be promoted, without dogmatic imposition. there shall be no discrimination on the basis of religious choice with respect to the acceptance and permanence of students in these centers. the municipal council may draft the proposed organic charter, which shall be approved according to that set forth in this constitution. the government of the rural native indigenous autonomies is exercised through their own norms and forms of organization, with the name that corresponds to each town, nation or community, as established in their statutes and subject to the constitution and the law. to keep ownership of ancestral lands and territories and to obtain free awarding of these lands. wherever rural native indigenous protected areas and territories are recovered, shared management shall be undertaken, subject to the norms and procedures of the rural native indigenous nations and peoples, and respecting the goal of creating these areas. the electoral organ shall assure that the norms of those peoples and nations will be complied with strictly in the elections of authorities, representatives and candidates of the nations and rural native indigenous peoples, using their own norms and procedures. it is the same in case of conflict between two [2] or more customary rules. grains and sharecroppers, in coordination with the rural native indigenous villages, when appropriate. the procedure according to which customs are declared and harmonized with the principles of the constitution; the rural native indigenous villages can exercise the following shared authority: it is devolved conforming to local custom, provided that it is not contrary to the constitution, to the law, to public order and to good morals. social purpose shall be understood to mean the sustainable exploitation of the land by peoples and rural native indigenous communities, as well as that carried out in small properties, and it constitutes the source of subsistence and welfare and socio-cultural development of its owners. the norms of the communities are recognized in the fulfillment of social purpose. to uphold, protect and develop collective knowledge; their science, technologies and ancestral wisdom; the genetic resources that contain biological diversity and agricultural biodiversity; their medicine and traditional medical practices, with the inclusion of the right to restore, promote, and protect ritual and holy places, as well as plants, animals, minerals and ecosystems in their territories; and knowledge about the resources and properties of fauna and flora. indigenous communes, communities, peoples and nations are recognized and guaranteed, in conformity with the constitution and human rights agreements, conventions, declarations and other international instruments, the following collective rights: the authorities of the indigenous [indian] peoples may exercise their jurisdictional functions within their territorial jurisdiction in accordance with their own laws and procedures as long as these are not contrary to the constitution and the laws of the republic. an act shall establish the forms of coordination of this special jurisdiction with the national judicial system. without prejudice to the other provisions of this constitution, the following matters are of the exclusive competence of the provinces: the organization and functioning of the organizations of the nations, rural native indigenous peoples, and citizen associations and political parties must be democratic. management and administration of renewable natural resources, in accord with the constitution. to build up their identity, culture, traditions and rights, the collective rights of the afro-ecuadorian people are recognized, as set forth in the constitution, the law, and human rights agreements, conventions, declarations and other international instruments. the state shall recognise the status, role and functions of the institutions of the traditional authorities founded in accordance with customary law which do not contradict the constitution. the customary and traditional rules governing the matrimonial regimes and inheritance may only be applicable with the consent of the concerned parties. the rural native indigenous autonomies are rural native indigenous territories and the municipalities and regions that adopt that character, pursuant to that established in the constitution and the law. as the court of jurisdiction in the matters of pure law concerning the unconstitutionality of laws, autonomous statutes, constitutional charters, decrees and every type of ordinance and non-judicial resolution. if the case is of abstract character, only the president of the republic, senators, deputies, legislators and the maximum authorities of the autonomous territorial entities may present it to the court. respect for the rights of native indigenous rural peoples. pending the issuance of the act referred to in article 329, the government may prescribe the necessary fiscal regulations and other matters relating to the functioning of the indigenous [indian] territories and their coordination with the other territorial entities. the authorities of the indigenous communities, peoples, and nations shall perform jurisdictional duties, on the basis of their ancestral traditions and their own system of law, within their own territories, with a guarantee for the participation of, and decision-making by, women. the authorities shall apply their own standards and procedures for the settlement of internal disputes, as long as they are not contrary to the constitution and human rights enshrined in international instruments. the importance and respect of the rural native indigenous communities in all dimensions of their life. the state shall implement special policies to benefit the rural native indigenous nations and peoples of the region in order to generate the necessary conditions for the reactivation, encouragement, industrialization, commercialization, protection and conservation of traditional extract products. the judicial function is singular. ordinary jurisdiction is exercised by the supreme court of justice, the departmental courts of justice, the sentencing courts and the judges; the agro-environmental jurisdiction is exercised by the agro-environmental court and judges; and the rural native indigenous jurisdiction is exercised by their own authorities. there shall be specialized jurisdictions regulated by the law. each public authority or person shall obey the decisions of the rural native indigenous jurisdiction. autonomous metropolitan districts, the province of galapagos, and indigenous and pluricultural territorial districts shall constitute special systems. the rural native indigenous autonomies shall exercise the following exclusive authorities: members of the nation or rural native indigenous people are subject to this jurisdiction whether they act as plaintiffs or defendants, claimants or accusers, whether they are persons who are denounced or accused, or are appellants or respondents. the nations or rural native indigenous peoples in the municipalities, which do not constitute a rural native indigenous autonomy, may elect their representatives to the municipal council directly, pursuant to their own norms and procedures and in accordance with the organic municipal charter. under the domain of the law are the rules concerning: maintenance and administration of local and communal roads. the state recognizes customary laws of east timor, subject to the constitution and to any legislation dealing specifically with customary law. it gives its substantiated opinion on the policy of decentralization, on territorial planning, and on questions relative to traditional leadership. it participates in the non-jurisdictional settlement of disputes. the decision to form a rural native indigenous autonomy shall be adopted pursuant to the norms and procedures for consultations, according to the requisites and conditions established in the constitution and the law. to promote and bolster science and technology, the arts, ancestral wisdom and, in general, activities resulting from the creative initiative of communities, associations, cooperatives and the private sector. the law shall regulate the formation of the communities among municipalities, regions and rural native indigenous territories for the purpose of achieving their objectives. the law shall regulate the practice of traditional medicine and shall guarantee the quality of service. rural native indigenous autonomy consists in self-government as an exercise of free determination of the nations and rural native indigenous peoples, the population of which shares territory, culture, history, languages, and their own juridical, political, social and economic organization or institutions. in accordance with the constitution and the statutes, the indigenous territories shall be governed by the councils formed and regulated according to the uses and customs of their communities and shall exercise the following functions: the system shall guarantee, through the institutions that comprise it, the promotion of family and community health, prevention and integral care, on the basis of primary healthcare; it shall articulate various levels of care; and it shall promote complementariness with ancestral and alternative medicines. the exploitation of natural resources in a determined territory shall be subject to a process of consultation with the affected population, called by the state, which shall be free, prior in time and informed. citizen participation is guaranteed in the process of the management of the environment, and the conservation of ecosystems shall be promoted, in accordance with the constitution and the law. in the nations and rural native indigenous peoples, the consultation will be carried out with respect given to their own norms and procedures. democracy is exercised in the following forms, which shall be developed by law: the rural native indigenous jurisdiction respects the right to life, the right to defense and other rights and guarantees established in this constitution. higher education develops processes of professional training for the generation and dissemination of knowledge aimed at the full development of society, for which purpose the universal and collective knowledge of the nations and rural native indigenous peoples shall be taken into account. the following are the exclusive authority of the autonomous municipal governments, within their jurisdiction: the valuing of use and customs; languages, forms of expression, oral tradition and diverse cultural manifestations and creations, including those of a ritual, festive or productive nature. recognising the indigenous people or the rotuman from the island of rotuma, their ownership of rotuman lands, their unique culture, customs, traditions and language; in accordance with provisions to be specified by law, a law giving recognition to marriage concluded under systems of religious or customary laws may be enacted. any rotuman land acquired by the state for a public purpose after the commencement of this constitution under section 27 or under any written law shall revert to the customary owners if the land is no longer required by the state. to freely uphold, develop and strengthen their identity, feeling of belonging, ancestral traditions and forms of social organization. the system shall be comprised of programs, policies, resources, actions and shall incorporate state institutions, universities and polytechnic schools, public and private research institutes, public and private enterprise, nongovernmental organizations and natural persons or legal entities, to the extent that they undertake activities of research, technological development, innovation and those linked to ancestral wisdom. the ownership of all itaukei land shall remain with the customary owners of that land and itaukei land shall not be permanently alienated, whether by sale, grant, transfer or exchange, except to the state in accordance with section 27. the state shall allocate the resources needed for scientific research, technological development, innovation, scientific training, restoration and development of ancestral wisdom, and the dissemination of knowledge. a percentage of these resources shall be earmarked for funding projects by means of competitive finds. organizations that receive public funding shall be subject to accountability and the respective state control. pursuant to sub-article 5 of article 34 the house of peoples' representatives and state councils can establish or give official recognition to religious and customary courts. religious and customary courts that had state recognition and functioned prior to the adoption of the constitution shall be organized on the basis of recognition accorded to them by this constitution. where a compulsory acquisition of land by or on behalf of the government involves the displacement of any inhabitant who occupy the land under customary law, the government shall resettle the displaced inhabitants on suitable alternative land with due regard to their economic well-being and social and cultural values. the customary and traditional remedies may not be made an obstacle to public action. the minister shall, in making an appointment under subsection (1), take into account traditional lines of inheritance. all minerals in or under any land or water, are owned by the state, provided however, that the owners of any particular land (whether customary or freehold), or of any particular registered customary fishing rights shall be entitled to receive a fair share of royalties or other money paid to the state in respect of the grant by the state of rights to extract minerals from that land or the seabed in the area of those fishing rights. every person is entitled to enjoy, practice, profess, maintain and promote any culture, language, tradition or religion subject to the provisions of this constitution. to keep and develop their own forms of peaceful coexistence and social organization and creating and exercising authority, in their legally recognized territories and ancestrally owned community lands. confers on any person or authority the right to accord or withdraw recognition to or from a chief for any purpose whatsoever, or the lands commission and the administrator of stool lands shall co-ordinate with all relevant public agencies and traditional authorities and stools in preparing a policy framework for the rational and productive development and management of stool lands. the determination, in accordance with the appropriate customary law and usage, by a traditional council, a regional house of chiefs or the national house of chiefs or a chieftaincy committee of any of them, of the validity of the nomination, election, selection, installation or deposition of a person as a chief; the state shall ensure that appropriate customary and cultural values are adapted and developed as an integral part of the growing needs of the society as a whole; and in particular that traditional practices which are injurious to the health and well-being of the person are abolished. hear and determine appeals from the traditional councils within the region in respect of the nomination, election, selection, installation or deposition of a person as a chief; ancestral, indigenous, afro-ecuadorian and coastal back-country (montubios) peoples can establish territorial districts for the preservation of their culture. the law shall regulate their establishment. communities (comunas) that have collective land ownership are recognized as an ancestral form of territorial organization. the appointment or succession of chiefs or headmen; no act of parliament in respect ofadvise any person or authority charged with any responsibility under this constitution or any other law for any matter relating to or affecting chieftaincy; administration of civil and criminal justice involving decisions according to mizo customary law, that the dignity and diversity of their cultures, traditions, histories, and ambitions be reflected in public education and in the media; the creation of their own media in their languages and access to the others without any discrimination. "paramount chief" means a person who has been nominated, elected and installed as a paramount chief in accordance with customary law and usage; shall apply to the state of nagaland unless the legislative assembly of nagaland by a resolution so decides; the president may with respect to any state or union territory, and where it is a state, after consultation with the governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this constitution be deemed to be scheduled tribes in relation to that state or union territory, as the case may be. parliament shall enact legislation that recognisesto encourage the application of traditional dispute resolution mechanisms in land conflicts; land in kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance with the following principlestraditional dispute resolution mechanisms shall not be used in a way thatthe state shall guarantee that the decisions of indigenous jurisdiction are observed by public institutions and authorities. these decisions shall be subject to monitoring of their constitutionality. the law shall establish the mechanisms for coordination and cooperation between indigenous jurisdiction and regular jurisdiction. is inconsistent with this constitution or any written law. an indigenous community that has retained and maintained a traditional lifestyle and livelihood based on a hunter or gatherer economy; or discrimination in work, business and public affairs; and the legislature shall enact laws to govern the devolution of estates and establish rights of inheritance and descent for spouses of both statutory and customary marriages so as to give adequate protection to surviving spouses and children of such marriages. subsections (3) and (4) shall apply to all marriages at law, custom and marriages by repute or by permanent cohabitation. provided that the jurisdiction of such courts shall be limited exclusively to civil cases at customary law and such minor common law and statutory offences as prescribed by an act of parliament. except in so far as they are inconsistent with this constitution, all acts of parliament, common law and customary law in force on the appointed day shall continue to have force of law, as if they had been made in accordance with and in pursuance of this constitution: 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) and (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 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. appeals against the decisions of a district traditional appeal court or a district traditional court shall lie to the high court which, in hearing such appeals, may sit with assessors appointed in accordance with an act of parliament. within the framework of politicaladministrative organization, indigenous or afro-ecuadorian territorial districts may be formed. these shall have jurisdiction over the respective autonomous territorial government and shall be governed by the principles of interculturalism and plurinationalism, and in accordance with collective rights. to promote the generation and production of knowledge, to foster scientific and technological research, and to upgrade ancestral wisdom to thus contribute to the achievement of the good way of living (sumak kawsay). the common law of ghana shall comprise the rules of law generally known as the common law, the rules generally known as the doctrines of equity and the rules of customary law including those determined by the superior court of judicature. the council of iroij may, within 7 days after the date of such transmittal, adopt a resolution expressing its opinion that a bill so transmitted to the council affects the customary law or a traditional practice, or land tenure, or a related matter, and requesting the nitijela reconsider the bill, or it may sooner, by writing signed by the chairman of the council, record its decision not to adopt any such resolution. the national councils for children and adolescents, persons with disabilities, women, indigenous peoples and nations, afro-ecuadorians and coastal back-country people (montubios) shall establish their own national councils for equality, for which purposes they shall adjust their structure and duties in line with the constitution. any such amendment of paragraph (1) of this section shall, so far as practicable, be made in accordance with the principle that every member of the nitijela should represent approximately the same number of voters; but account shall also be taken of geographical features, community interests, the boundaries of existing administrative and recognized traditional areas, means of communication and density and mobility of population. promoting the conservation and recovery of agricultural biodiversity and related ancestral wisdom, along with the use, conservation and free exchange of seeds. healthcare as a public service shall be provided through state, private, autonomous, and community institutions, as well as those that practice alternative and complementary ancestral medicine. healthcare services shall be safe, of a high quality, and humane and they shall guarantee informed consent, access to information, and confidentiality of the information of patients. the national system of science, technology, innovation and ancestral wisdom, in the framework of respect for the environment, nature, life, cultures and sovereignty, shall have as its end purpose the following: in any way detracts or derogates from the honour and dignity of the institution of chieftaincy. the size, membership and procedures of the traditional rights court shall be consistent with paragraph (1) of this section, and shall be determined by the high court unless and until the nitijela makes provision for those matters by act. when a question has been certified to the traditional rights court for its determination under paragraph (4), its resolution of the question shall be given substantial weight in the certifying court's disposition of the legal controversy before it; but shall not be deemed binding unless the certifying court concludes that justice so requires. to not be displaced from their ancestral lands. the ownership of all banaban land shall remain with the customary owners of that land and banaban land shall not be permanently alienated, whether by sale, grant, transfer or exchange, except to the state in accordance with section 27. this constitution shall not preclude the adjudication of disputes relating to personal and family laws in accordance with religious or customary laws, with the consent of the parties to the dispute. particulars shall be determined by law. every person shall be entitled to enjoy, practice, profess, maintain and promote any culture, language, tradition or religion subject to the terms of this constitution and to the condition that the rights protected by this section do not impinge on the rights and freedoms of others or the national interest, especially unity. any itaukei land acquired by the state for a public purpose after the commencement of this constitution under section 27 or under any written law shall revert to the customary owners if the land is no longer required by the state. recognising the descendants of the indentured labourers from british india and the pacific islands, their culture, customs, traditions and language; and in addition to this constitution, the laws of the gambia consist ofno one can be judged more than once for the same case and offense. for this purpose, the cases ruled by the indigenous legal system must also be taken into account. the national house of chiefs, the regional houses of chiefs, the traditional councils and all judicial committees of those bodies in existence immediately before the! coming into force of this constitution shall, on the coming into force of this constitution, continue in existence subject to this constitution. government shall have the duty to support, on the basis of equality, the growth and enrichment of cultures and traditions that are compatible with fundamental rights, human dignity, democratic norms and ideals, and the provisions of the constitution. all stool lands in ghana shall vest in the appropriate stool on behalf of, and in trust for the subjects of the stool in accordance with customary law and usage. the territories of the peoples living in voluntary isolation are an irreducible and intangible ancestral possession and all forms of extractive activities shall be forbidden there. the state shall adopt measures to guarantee their lives, enforce respect for self-determination and the will to remain in isolation and to ensure observance of their rights. the violation of these rights shall constitute a crime of ethnocide, which shall be classified as such by law. parliament may by law include in or exclude from the list of scheduled tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification. "marginalised community" meansjustices of the peace shall settle matters in a framework of equity and shall have the exclusive and mandatory competence to hear those individual, community, and district conflicts and infringements that are brought to their jurisdiction, in conformity with the law. in no case can they order the arrest and imprisonment of a person nor can they prevail over indigenous justice. a traditional council or a regional house of chiefs or the national house of chiefs to establish and operate a procedure for the registration of chiefs and the public notification in the gazette or otherwise of the status of persons as chiefs in ghana. the institution of chieftaincy, together with its traditional councils as established by customary law and usage is hereby guaranteed. all customary practices which dehumanise or are injurious to the physical and mental well-being of a person are prohibited. if, at any meeting of the council of iroij, or of any committee thereof or of any joint committee or joint conference, any member is absent, and is not represented by a deputy appointed by him, or the seat of any member is vacant, the council of iroij may, by resolution, appoint 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 that member to be his deputy at that meeting. parishes, cantons and provinces comprised in their majority of indigenous, afro-ecuadorian, coastal backcountry (montubio) or ancestral communities, peoples or nations may take up this special administration system following a referendum passed by at least two thirds of the valid votes. two or more districts administered by indigenous or pluricultural territorial governments may integrate and form a new district. the law shall set forth the rules for the structure, operation and competences of such districts. social customs. no act of parliament in respect ofnaga customary law and procedure, undertake the compilation of the customary laws and lines of succession applicable to each stool or skin in the region. undertake the progressive study, interpretation and codification of customary law with a view to evolving, in appropriate cases, a unified system of rules of customary law, and compiling the customary laws and lines of succession applicable to each stool or skin; shall apply to the state of mizoram unless the legislative assembly of the state of mizoram by a resolution so decides: marriages concluded under any tradition, or system of religious, personal or family law; and protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities; elimination of gender discrimination in law, customs and practices related to land and property in land; and contravenes the bill of rights; in the kyrgyz republic, folk customs and traditions which do not infringe upon human rights and freedoms shall be supported by the state. deprivation of property, including property obtained by inheritance. guaranteeing ancestral and alternative health practices by recognizing, respecting and promoting the use of their knowledge, medicines and instruments. intellectual property is recognized pursuant to the conditions provided for by law. any form of appropriation of collective knowledge, in the fields of science, technology and ancestral wisdom, is forbidden. the appropriation of genetic resources contained in biological diversity and agricultural biodiversity is likewise forbidden to restore, strengthen and upgrade ancestral wisdom. for the purposes of this chapter “judicial office” means the office of— any law that discriminates against women on the basis of gender or marital status shall be invalid and legislation shall be passed to eliminate customs and practices that discriminate against women, particularly practices such as— the 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. judgements of the supreme court shall be final and binding and shall not be subject to appeal or review by any other branch of government. nothing in this article shall prohibit administrative consideration of the justiciable matter prior to review by a court of competent jurisdiction. all legal actions which, at the commencement of this constitution, are pending or being undertaken before any court other than before the supreme court of appeal, the high court, a magistrate court, a district traditional appeal court, district traditional court, a grade a traditional court, or a grade b traditional court shall be commenced or continued before the high court of malawi or before such magistrate’s court or district traditional appeal court or district traditional court or grade a traditional court or grade b traditional court as the registrar of the high court shall direct. the council of iroij shall have the following functions: recognising the descendants of the settlers and immigrants to fiji, their culture, customs, traditions and language, in determining whether compensation for land rights is just, the high court shall refer the matter to the traditional rights court and shall give substantial weight to the opinion of the latter. any banaban land acquired by the state for a public purpose after the commencement of this constitution under section 27 or under any written law shall revert to the customary owners if the land is no longer required by the state. for the application in the case of members of a particular race or tribe of customary law with respect to any matter in the case of persons who, under that law, are subject to that law. the state shall enforce the right of women to eliminate the influences of harmful customs. laws, customs and practices that oppress or cause bodily or mental harm to women are prohibited. nothing in article ii 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. the ownership of all rotuman land shall remain with the customary owners of that land and rotuman land shall not be permanently alienated, whether by sale, grant, transfer or exchange, except to the state in accordance with section 27. in the exercise of its legislative functions, it shall be the responsibility of the nitijela, whenever and to the extent considered appropriate, to declare, by act, the customary law in the republic of the marshall islands or in any part thereof. the customary law so declared may include any provisions which, in the opinion of the nitijela, are necessary or desirable to supplement the established rules of customary law or to take account of any traditional practice. customary law so far as concerns members of the communities to which it applies; to guarantee the liberty of creation and research in the framework of respect for ethics, nature, the environment, and restoration of ancestral wisdom. for the purposes of this article, "customary law" means the rules of law which by custom are applicable to particular communities in ghana. the constitution is the supreme law of the land. any law, customary practice or a decision of an organ of state or a public official which contravenes this constitution shall be of no effect. consciousness of indigenous identity will be the fundamental criteria to determine to whom apply the provisions on indigenous people. this constitution recognizes and protects the indigenous peoples’ right to self-determination and, consequently, the right to autonomy, so that they can: recognising the indigenous people or the itaukei, their ownership of itaukei lands, their unique culture, customs, traditions and language; the judicial power of the republic of the marshall islands shall be independent of the legislative and executive powers and shall be vested in a supreme court, a high court, a traditional rights court, and such district courts, community courts and other subordinate courts as are created by law, each of these courts possessing such jurisdiction and power and proceeding under such rules as may be prescribed by law consistent with the provisions of this article. the judicial service commission shall the national house of chiefs shallparliament shall have no power to enact any law whichthe jurisdiction of the traditional rights court shall be limited to the determination of questions relating to titles or to land rights or to other legal interests depending wholly or partly on customary law and traditional practice in the republic of the marshall islands. nothing in or done under the authority of any law shall be held to be inconsistent with, or in contravention of, clause (1) or (2) of this article if the law makes provision for subject to clause (2) of this article, the state shall take steps to encourage the integration of appropriate customary values into the fabric of national life through formal and informal education and the conscious introduction of cultural dimensions to relevant aspects of national, planning. provided that in the states of chhattisgarh, jharkhand, madhya pradesh and orissa, there shall be a minister in charge of tribal welfare who may in addition be in charge of the welfare of the scheduled castes and backward classes or any other work. the administrator of stool lands and the regional lands commission shall consult with the stools and other traditional authorities in all matters relating to the administration and development of stool land and shall make available to them all relevant information and data. "scheduled tribes" means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be scheduled tribes for the purposes of this constitution; mizo customary law and procedure. administration of civil and criminal justice involving decisions according to naga customary law, any law, including customary law, that is inconsistent with this constitution is void to the extent of the inconsistency, and any act or omission in contravention of this constitution is invalid. alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted, subject to clause(3); any system of personal and family law under any tradition, or adhered to by persons professing a particular religion, narikrik, erikub, jemo, taka, bikar, bokak, rongrik and ailinginae shall each be included in the electoral district with which it is most closely associated, pursuant to the customary law or any traditional practice. elect, in accordance with their traditional rules, procedures and customs, their authorities or representatives to exercise their own form of internal government, guaranteeing the right to vote and being voted of indigenous women and men under equitable condition; as well as to guarantee the access to public office or elected positions to those citizens that have been elected or designated within a framework that respects the federal pact and the sovereignty of the states. in no case the communitarian practices shall limit the electoral or political rights of the citizens in the election of their municipal authorities. is repugnant to justice and morality or results in outcomes that are repugnant to justice or morality; or the functions of the national land commission area traditional community that, out of a need or desire to preserve its unique culture and identity from assimilation, has remained outside the integrated social and economic life of kenya as a whole; undertake an evaluation of traditional customs and usages with a view to eliminating those customs and usages that are outmoded and socially harmful; the governor shall make rules for the first constitution of district councils and regional councils in consultation with the existing tribal councils or other representative tribal organisations within the autonomous districts or regions concerned, and such rules shall provide forin this chapter unless the context otherwise requires, "chief" means a person, who, hailing from the appropriate family and lineage, has been validly nominated, elected or selected and enstooled, enskinned or installed as a chief or queen mother in accordance with the relevant customary law and usage. parliament may make provision for traditional or local courts presided over by lay persons or chiefs: sexual abuse, harassment and violence; the law shall protect the wholeness of the indigenous groups’ lands. a person presiding over a traditional or local court. preserve, protect and promote positive liberian culture, ensuring that traditional values which are compatible with public policy and national progress are adopted and developed as an integral part of the growing needs of the liberian society; attain with preferential use of the natural resources of the sites inhabited by their indigenous communities, except for the strategic resources defined by this constitution. the foregoing rights shall be exercised respecting the forms of property ownership and land possession established in this constitution and in the laws on the matter as well as respecting third parties’ rights. to achieve these goals, indigenous communities may form partnerships under the terms established by the law. have full access to state jurisdiction. in order to protect this right, in all trials and proceedings that involve natives, individually or collectively, their customs and cultural practices must be taken into account, respecting the provisions established in this constitution. indigenous people have, at all times, the right to be assisted by interpreters and counsels, who are familiar to their language and culture. all legal actions which, at the commencement of this constitution, are pending or being undertaken before a district traditional appeal court, a district traditional court, a grade a traditional court or a grade b traditional court before the commencement of this constitution shall be commenced or continued before that court which shall have the same jurisdiction, powers and procedures as before the commencement of this constitution subject to amendment or repeal of such powers by an act of parliament. a customary court of appeal, if it consists of not less than three justices of court of appeal learned in customary law. in the application and formulation of any act of parliament and in the application and development of the common law and customary law, the relevant organs of state shall have due regard to the principles and provisions of this constitution. if, in any district, a person or group of persons becomes recognized, pursuant to the customary law 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. the following powers are expressly delegated to congress: there may be administrative courts, labour courts, fiscal courts, customs courts, admiralty courts, arbitration courts and community courts. the state shall recognise and esteem traditional authority that is legitimate according to the people and to customary law. nothing 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. the customary court of appeal of the federal capital territory, abuja shall, in addition to such other jurisdiction as may be conferred upon by an act of the national assembly exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of customary law. without prejudice to the continued application of the customary law pursuant to section 1 of article xiii, 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. decide their internal forms of coexistence, as well their social, economic, political and cultural organization. a customary court of appeal of a state shall exercise appellate and supervisory jurisdiction in civil proceedings involve questions of customary law. any taking of possession or acquisition that is in accordance with custom; or "customary law" means any custom having the force of law in the republic of the marshall islands; and includes any act declaring the customary law; an indigenous community is defined as the community that constitutes a cultural, economic and social unit settled in a territory and that recognizes its own authorities, according to their customs. the formation, annulment and dissolution of marriages other than marriages under islamic law and customary law including matrimonial causes relating thereto. 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 third reading by the nitijela; be in a marriage that is not a marriage under papua new guinean custom but is otherwise genuine and valid under papua new guinea laws; and an act of the parliament mayprovide for the resolution of conflicts of custom. appoint and remove judges of the subordinate courts, and of the traditional rights court if authorized to do so by act; "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; to analogies to be drawn from relevant statutes and customs; and the jurisdiction of the traditional rights court may be invoked as of right upon application by a party to a pending judicial proceeding; but only if the court in which such proceeding is pending certifies that a substantial question has arisen within the jurisdiction of the traditional rights court. the traditional rights court shall be a court of record; shall consist of panels of 3 or more judges selected so as to include a fair representation of all classes of land rights, including, where applicable, the iroijlaplap, iroijedrik, alap and dri jerbal; and shall sit at such times and places and be chosen on such a geographical basis, as to ensure fair and knowledgeable exercise of the jurisdiction conferred by this section. preserve and enrich their languages, knowledge and all the elements that constitute their culture and identity. the state recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. marriages concluded under any tradition, or a system of religious, personal or family law; or the federal government and federal member state governments shall ensure that meetings between the presidents of the federal member states and high ranking officials be held regularly to discuss issues that affect their territories, including: the institution, status and role of traditional leadership, according to customary law, are recognised, subject to the constitution. circumcision of girls is a cruel and degrading customary practice, and is tantamount to torture. the circumcision of girls is prohibited. the state shall apply the principles of agrarian reform or stewardship, whenever applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands. to promote public penal action to defend the public and social patrimony, the environment and other various [difusos] interests, as well as the rights of the indigenous peoples; the bill of rights does not deny the existence of any other rights or freedoms that are recognised or conferred by common law, customary law or legislation, to the extent that they are consistent with the bill. in the circumstances described by subsection (1), a court may apply to a situation a decision of law that was over-ruled after the occurrence of the situation, or a practice, doctrine or custom that was current or accepted at the time of the occurrence of any relevant transaction, act or event. the state will respect the cultural particulars [peculiaridades] of the indigenous peoples, especially in that related to formal education. in addition, their defense against demographic regression, the depredation of their habitat, environmental contamination, economic exploitation, and cultural alienation[,] will be attended to. the indigenous peoples have [the] right to communal ownership of the land [propiedad comunitaria], in [an] extension and quality sufficient for the preservation and the development of their particular [peculiares] forms of lifestyles. the state will provide them gratuitously with these lands, which will be non-seizable [inembargables], indivisible, non-transferrable, imprescriptible, not susceptible to guarantee contractual obligations nor to be leased; likewise, they will be exempt from taxes. every court, including courts of traditional leaders, existing when the new constitution took effect, continues to function and to exercise jurisdiction in terms of the legislation applicable to it, and anyone holding office as a judicial officer continues to hold office in terms of the legislation applicable to that office, subject tonational legislation may establish a council of traditional leaders. national legislation may provide for a role for traditional leadership as an institution at local level on matters affecting local communities. enact laws to combat harmful customs and traditions which undermine the dignity and status of women; and acknowledge and incorporate the role of traditional authority and customary law in the local government system; customs and traditions of the people; the supreme court shall exercise competences as follows: the courts shall apply customary law subject to this constitution and the law. the law shall regulate the exercise of indigenous peoples’ rights over their land and of joint-title farmers over their parcels, respecting their will to adopt the best conditions for the use of their productive resources. the law shall establish the procedures whereby the members of a cooperative and indigenous people may: associate among themselves or with the state or with third parties; grant the use of their lands; transfer their land rights to other members of their rural community, in the event of farming cooperative. the law shall also set forth the requirements and procedures whereby the cooperative assembly shall grant their members private rights over land. in cases of transfer of ownership, the right of preference set forth by the law shall be respected. rights in land and resources owned, held or otherwise acquired by the government shall be exercised through the appropriate or designated level of government which shall recognize customary land rights under customary land law. the constitutions and laws of the states and the federal district shall establish those elements of self-determination and autonomy that may best express the conditions and aspirations of indigenous peoples in each state, as well as the rules, according to which indigenous communities will be defined as public interest entities. elect indigenous representatives for the town council in those municipalities with indigenous population. traditional authority and customary law; the traditions of the people of the federated states of micronesia may be protected by statute. if challenged as violative of article iv, protection of micronesian tradition shall be considered a compelling social purpose warranting such governmental action. "land rights" means any right in any land in the republic under the customary law or any traditional practice; he is a legal practitioner in nigeria and has been so qualified for a period of not less than ten years and, in the opinion of the national judicial council he has considerable knowledge and experience in the practice of customary law; or apply their own legal systems to regulate and solve their internal conflicts, subjected to the general principles of this constitution, respecting the fundamental rights, the human rights and, above all, the dignity and safety of women. the law shall establish the way in which judges and courts will validate the aforementioned regulations. such number of justices of the court of appeal, not less than forty-nine of which not less than three shall be learned in islamic personal law, and not less than three shall be learned in customary law, as may be prescribed by an act of the national assembly. in exercising his powers under the foregoing provisions of this chapter in respect of appointments to the offices of justices of the supreme court and justices of the court of appeal, the president shall have regard to the need to ensure that there are among the holders of such offices persons learned in islamic personal law and persons learned in customary law. any taking of possession or acquisition of ownerless or abandoned property (other than customary land); or he is a legal practitioner in nigeria and he has been so qualified for a period of not less than ten years and in the opinion of the national judicial council he has considerable knowledge and experience in the practice of customary law; or 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 marshall islands. indigenous people’s right to self-determination shall be subjected to the constitution in order to guarantee national unity. states’ and federal district’s constitutions and laws must recognize indigenous peoples and communities, taking into account the general principles established in the previous paragraphs, as well as ethnic-linguistic and land settlement criteria. a reference in this section to religion includes a reference to the traditional religious beliefs and customs of the peoples of papua new guinea. the state works to combat harmful customs and traditions that reduce the dignity and status of women. civil legislation, without prejudice to the preservation, modification and development by the self-governing communities of their civil law, foral or special, whenever these exist, and traditional charts. in any event rules for the application and effectiveness of legal provisions, civil relations arising from the forms of marriage, keeping of records and drawing up to public instruments, bases of contractual liability, rules for resolving conflicts of law and determination of the sources of law in conformity, in this last case, with the rules of traditional charts or with those of foral or special laws. to define national crimes and prescribe penalties, having due regard for local custom and tradition; the state shall define the relationship between traditional authority and other institutions and the part that traditional authority should play in the economic, social and cultural affairs of the country, in accordance with the law. is inconsistent with any custom that is part of the underlying law and is applicable in relation to the matter; or provide for the proof and pleading of custom for any purpose; and subject to this part, the principles and rules that formed, immediately before independence day, the principles and rules of common law and equity in england are adopted, and shall be applied and enforced, as part of the underlying law, except if, and to the extent thateach provision of this part applies, as far as may betraditional standards, values and practices, as well as previous laws and judicial decisions, of tuvalu; and subject to subsections (2) and (3), custom is adopted, and shall be applied and enforced, as part of the underlying law. in subsection (1), a reference to adoption includes a reference to an adoption by custom. maintain and improve their environment and lands, according to this constitution. the state, subject to the provisions of this constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being. relations and dialogue amongst traditional leaders, and the protection and development of traditional law; no-one shall be convicted in respect of an act or omission which did not constitute an offence known to written or custom law at the time it was committed; the state shall promote the positive traditions and cultural practices of the somali people, whilst striving to eliminate from the community customs and emerging practices which negatively impact the unity, civilization and well-being of society. the state shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. it shall consider these rights in the formulation of national plans and policies. a traditional authority that observes a system of customary law may function subject to any applicable legislation and customs, which includes amendments to, or repeal of, that legislation or those customs. the removal or transfer of [the indigenous peoples] from their habitat without their express consent is prohibited. this constitution recognizes the existence of the indigenous peoples, defined as groups of [a] culture prior to the formation and the organization of the paraguayan state. the rural and native communities have legal existence and are corporate entities. a provincial constitution, or constitutional amendment, must not be inconsistent with this constitution, but may provide forthe members of the indigenous peoples are exonerated from providing [prestar] [the] social, civil or military services, as well as from the public responsibilities [cargas] established by the law. a traditional leader of a community observing a system of indigenous law and residing on land within the area of a transitional local council, transitional rural council or transitional representative council, referred to in the local government transition act, 1993, and who has been identified as set out in section 182 of the previous constitution, is ex officio entitled to be a member of that council until a municipal council replacing that council has been declared elected as a result of the first general election of municipal councils after the commencement of the new constitution. all levels of government shall: the institution, status and role of traditional authority, according to customary law, are recognised under this constitution. indigenous law and customary law, subject to chapter 12 of the constitution be the court of final judicial instance in respect of any litigation or prosecution under national or state law, including statutory and customary law; legislation of the states shall provide for the role of traditional authority as an institution at the local government level on matters affecting local communities. to deal with matters relating to traditional leadership, the role of traditional leaders, customary law and the customs of communities observing a system of customary lawethnic and cultural communities shall have the right to freely enjoy and develop their particular cultures. members of such communities shall have the right to practice their beliefs, use their languages, observe their religions and raise their children within the context of their respective cultures and customs in accordance with this constitution and the law. indigenous communities belonging to the same municipality can also coordinate their activities and collaborate according to the law and for the purposes indicated thereof. all levels of government shall institute a process to progressively develop and amend the relevant laws to incorporate customary rights and practices and local heritage. in order to promote equal opportunities for indigenous people and to eliminate discriminatory practices, the federation, the federal district, the states and the local councils shall establish the necessary institutions and policies to guarantee indigenous people’s rights and comprehensive development of indigenous communities. such institutions and policies shall be designed and operated together with them. systems of personal and family law under any tradition, or adhered to by persons professing a particular religion. customary law courts. the constitutions and laws of the states shall recognize and regulate these rights in the municipalities, with the purpose of strengthening indigenous peoples’ participation and political representation, in accordance with their traditions and regulations. the 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. the council must be consulted on any question, particularly any question relating to land, tradition and custom, in connection with any bill before parliament. in the opinion of the national judicial council he has considerable knowledge of and experience in the practice of customary law. parliament 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. parliament by enactment shall formalise the recognition of appropriate customary institutions or procedures to resolve land ownership or any disputes over custom land. a person shall be deemed to be learned in customary law if he is a legal practitioner in nigeria and has been so qualified for a period of not less than fifteen years in the case of a justice of the supreme court or not less than twelve years in the case of a justice of the court of appeal and has in either case and in the opinion of the national judicial council considerable knowledge of and experience in the practice of customary law. an appeal shall lie from decisions of a customary court of appeal to the court of appeal as of right in any civil proceedings before the customary court of appeal with respect to any question of customary law and such other matters as may be prescribed by an act of the national assembly. nothing in the preceding provisions of this section preventsin the opinion of the national judicial council he has considerable knowledge of and experience in the practice of customary law. the law shall establish forms in which traditional and religious marriage shall be esteemed, and determine the registration requirements and effects of such marriage. for the settlement by extra-judicial means of disputes as to the ownership of customary land that appear not to be capable of being reasonably settled in practice by judicial means; or court decisions shall be consistent with this constitution, micronesian customs and traditions, and the social and geographical configuration of micronesia. in rendering a decision a court shall consult and apply sources of the federated states of micronesia. where consequent to the provisions of this chapter there is a dispute concerning the custom ownership of land the government may hold such land and manage it in the interests of disputing parties until the dispute is resolved. the constitution protects and respects the historic rights of the territories with traditional charts (fueros). the general updating of historic rights shall be carried out, where appropriate, within the framework of the constitution and of the statutes of autonomy. except in relation to any act that is done under a valid law which accords with traditional standards, values and practices, any act that is done under a valid law but that in the particular caseregulate the manner in which, or the purposes for which, custom may be recognized, applied or enforced; and subject to any decision of law that is binding upon it, in over-ruling a decision of law or in making a decision of law that is contrary to previous practice, doctrine or accepted custom, a court may, for a special reason, apply its decision of law only to situations occurring after the new decision. in their application to any particular matter they are inconsistent with custom as adopted by part i. all ethnic and cultural groups have the right to enjoy their own private culture and develop it freely. the members of such groups have the right to exercise their beliefs, use their languages, observe their religions or customs, and raise their children in the framework of such cultures and customs. the recognition of the fundamental rights set out in this chapter 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. this section does not prevent legislation recognisingthe indigenous citizen where he is not the custom owner; courts established under subsection (1) may include courts intended to deal with matters primarily by reference to custom or in accordance with customary procedures, or both. the congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain. 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. 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 an ordinary modern citizen of tuvalu as one which should be eliminated. the malvatumauri council of chiefs shall be composed of custom chiefs elected by their peers sitting in district councils of chiefs. unwritten customary law remains applicable provided it has not been replaced by written law, is not inconsistent with the constitution, laws, and orders, and neither violates human rights nor prejudices public security or good morals. the courts must apply customary law when that law is applicable, subject to the constitution and any legislation that specifically deals with customary law. the sources of legislation in south sudan shall be: [the following] are duties and attributions of the public ministry: the right to participate in the economic, social, political and cultural life of the country, is guaranteed to the indigenous peoples in accordance with their customary uses, of the constitution, and the national laws. traditional leadership, subject to chapter 12 of the constitution traditional authority shall function in accordance with this constitution, the state constitutions and the law. the institution, role, authority and status of a traditional monarch, where applicable. the state respects the cultural identity of the rural and native communities. judicial power is derived from the people and shall be exercised by the courts in accordance with the customs, values, norms and aspirations of the people and in conformity with this constitution and the law. promote women participation in public life and their representation in the legislative and executive organs by at least twenty-five per cent as an affirmative action to redress imbalances created by history, customs, and traditions; the right of the indigenous peoples to preserve and to develop their ethnic identity in the respective habitat is recognized and guaranteed. they have the right, likewise, to freely apply their systems of political, social, economic, cultural, and religious organization, as well as the voluntarily subjection to their customary norms for the regulation of [their] internal coexistence [convivencia], as long as they do not infringe upon the fundamental rights established in this constitution. concerning conflicts of jurisdiction the indigenous customary right will be taken into account. the objects of local government shall be to: national or provincial legislation may provide for the establishment of houses of traditional leaders; and legislation at the national and state levels shall provide for the establishment, composition, functions and duties of councils for traditional authority leaders. until otherwise provided by parliament, the british and french laws in force or applied in vanuatu immediately before the day of independence shall on and after that day continue to apply to the extent that they are not expressly revoked or incompatible with the independent status of vanuatu and wherever possible taking due account of custom. the exclusive executive and legislative powers of a state shall be as follows: the state must take measures to preserve, protect and promote indigenous knowledge systems, including knowledge of the medicinal and other properties of animal and plant life possessed by local communities and people. when interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of the bill of rights. citizens may engage in popular action and take part in the administration of justice through the institution of the jury, in the manner and with respect to those criminal trials as may be determined by law, as well as in customary and traditional courts. judicial authority derives from the people of zimbabwe and is vested in the courts, which comprise-persons presiding over magistrates courts, customary law courts and other courts established by or under an act of parliament. the administration of justice is vested in the judiciary, who are subject only to the constitution and the law. the function of the judiciary is to resolve proceedings according to law. if there is no rule of law applicable to a matter before it, a court shall determine the matter according to substantial justice and whenever possible in conformity with custom. traditional leaders must-the constitutional court, the supreme court and the high court have inherent power to protect and regulate their own process and to develop the common law or the customary law, taking into account the interests of justice and the provisions of this constitution. to resolve disputes amongst people in their communities in accordance with customary law; and "customary law" means the customary law of any section or community of zimbabwe's people; the consent required under subarticle (1) shall be given unless the transaction is prejudicial to the interests ofthe provision of section 12 of this constitution regarding the coming of age, shall not be prejudicial to cases in which traditional charts are applicable within the sphere of private law. 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 tothe 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. parliament may recognise an institution as a customary institution by enactment for the purposes of subarticle (1). in accordance with the personal law, beliefs or customs of any person or group; or all land in the republic of vanuatu belongs to the indigenous custom owners and their descendants. 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. the malvatumauri council of chiefs has a general competence to discuss all matters relating to land, custom and tradition and may make recommendations for the preservation and promotion of ni-vanuatu culture and languages. customary law shall continue to have effect as part of the law of the republic of vanuatu. an act of parliament may provide for the establishment, composition and jurisdiction of-observe the customs pertaining to traditional leadership and exercise their functions for the purposes for which the institution of traditional leadership is recognised by this constitution; and "law" means-the institution, status and role of traditional leaders under customary law are recognised. an act of parliament must provide for the following, in accordance with the prevailing culture, customs, traditions and practices of the communities concerned-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 chapter. the customary law courts; and parliament may provide for the manner of the ascertainment of relevant rules of custom except for the rules of custom relating to ownership of custom land, and may in particular provide for persons knowledgeable in such custom to sit with the judges of the supreme court or the court of appeal and take part in its proceedings. despite the provisions of chapter 8 of the constitution, the final substantive decisions reached by customary institutions or procedures in accordance with article 74, after being recorded in writing, are binding in law and are not subject to appeal or any other form of review by any court of law. the rules of custom shall form the basis of ownership and use of land in the republic of vanuatu. the custom owner or owners of the land; when redistributing land in accordance with subarticle (1), the government shall give priority to ethnic, linguistic, customary and geographical ties. this constitution is the supreme law of zimbabwe and any law, practice, custom or conduct inconsistent with it is invalid to the extent of the inconsistency. the judiciary of zimbabwe consists of-all laws, customs, traditions and cultural practices that infringe the rights of women conferred by this constitution are void to the extent of the infringement. traditional leaders have the following functions within their areas of jurisdiction-customary law courts whose jurisdiction consists primarily in the application of customary law; a traditional leader is responsible for performing the cultural, customary and traditional functions of a chief, headperson or village head, as the case may be, for his or her community. any unwritten law in force in zimbabwe, including customary law; and "lawful", "lawfully", "legal" and "legally" are to be construed accordingly; "communal land" means land set aside under an act of parliament and held in accordance with customary law by members of a community under the leadership of a chief; 