15.2 Customary Marriages

The Namibian law does not require the registration of customary marriages.

Regarding the registration of customary marriages, the Ministry of Justice is in the process of consulting traditional leaders in the regions to compile a Bill on the registration of customary marriages.

In accordance with the customary law, marriage is used as a means to structure reproduction and land possession.

It recommended that the customary marriage law be reformed so that customary marriages were registered, in order to give women married under that law equal rights and benefits with men.

So far customary law had a large bearing on the determination of the issues of marriage and inheritance.

This applies to civil marriage and customary marriage as well as other relationships.

It modified laws and regulations with regard to the definition of a de facto partnership in order for de facto unions to be recognized regardless of the sex of the persons involved.

Nevertheless, every citizen may, prior to entering into marriage, opt for a civil or a customary wedding with his or her spouse.

Even though the only valid family union in the country is the official marriage, the practice of the majority of people in the country is customary marriage between men and women.

However there are no set requirements for a custom marriage in order for it to be valid.

Great concern was also expressed regarding the violation of women apos s rights in general, particularly the rights of those women under customary marriage laws.

The Committee noted that the Australian Law Reform Commission had made certain recommendations concerning marriage practices, such as polygamous marriages, which might comply with religious or customary law but be in conflict with the principles of the Convention.

C. Customary law

Evidence showed that persons knowingly enter into common law relationships by choice and as a result do not wish to be submitted to the marital regime and the obligations that flow from it.

The new Code abrogated the discriminatory aspects of inheritance code under the customary law but did so within traditional marriage structures that were still in place.

Some progress has been made through the adoption, in October 2003, of the Act to Govern the Devolution of Estates and Establish Rights of Inheritance for Spouses of both Statutory and Customary Marriages.

A local court may only hear matrimonial or inheritance cases based on customary law where that law applies.

The new Code had abrogated customary law with immediate effect, and thus none of the earlier customary provisions regarding marriage, the separation of property in marriage, children, and so on, henceforth had any validity.

However, there are still areas that were identified as areas of concern by the Committee but have so far not received the required attention. Here, we have in mind the recommended intensive programme to discourage polygamy and the registration of customary marriages.

This law, except for giving husbands and wives in both civil and customary marriages equal power of guardianship in respect of children of marriage, did not address the gender inequalities in customary marriage when it comes to their estate.

Human Rights and Customary Law

(b) Customary international law

During the common law marriage, women keep their marital status to that of single and for this reason they are not forced to the name of her male counterpart nor does she have to live in his home.

The second main approach involves Ethnobotany, the study of the general use of plants in society, and ethnopharmacology, an area inside ethnobotany, which is focused specifically on medicinal uses.

3. Rules of customary international law

It is a customary contraction like our

The representative said that Aboriginal customary marriages did not comply with the provision of the Marriage Act 1961 and therefore were not recognized as valid marriages, but could be accepted as de facto heterosexual relationships in some State jurisdictions.

'Company.' It is a customary contraction like our

241. The widespread practice of customary marriage might put women and children into a vulnerable situation and the next report should indicate how legal provisions were applied in situations to safeguard the rights of the wife and children.

Marriage, I mean. Marriage, the dynamite of the soul that was what hit Bobbie.

Marriage

Marry?

Marry?

1. General principles of law and international customary law

LADY CAPULET Marry, that marry is the very theme

An oldfashioned marriage Is my kind of marriage

Registration of marriages

Marital Status

Marriage and Family

Early marriage

Forced marriage

Early marriage

Marriage amp fertility

That too before marriage?