Introduction
The starting point for Human Rights is difficult to determine. To date, no specialist has been able to establish when Human Rights date back. However, it is common ground that these rights, as considered today, have always existed in all human societies. They are intrinsically linked to the very existence of the human being. Several doctrinaires like Dr Kiara Neri [1]emphasize the existence of human rights texts dating from antiquity to the present day. In Africa, the charter of kurukan-fuga, also called the constitution of the Mandingo empire[2], adopted in the 13th Century in the current Republic of Mali, is a universally [3]recognized illustration of this.
The Kurukan – Fuga charter, a legal instrument for human rights?
The Kurukan – Fuga charter was adopted by representatives of the Mandé (Mandingo Empire ruled by Sundiata KEITA) after the historic battle of Kirina in 1236 (13th century) at Kurukan-Fuga[4]. It was adopted in oral and oath form[5].
This charter falls into the category of “non-binding” human rights legal instruments. It constitutes neither a constitutional, legislative or regulatory text nor a treaty. However, several of its provisions have continued, over time, to inspire several human rights legal instruments. The charter is an emblematic African reference in terms of human rights.
The Kurukan-Fuga Charter, a contemporary historical human rights text
The kurukan-fuga charter in several of its provisions was a revolutionary text [6]in the 13th century. Like current human rights texts, it has enshrined the sacredness of human life (Article 5), the rights to the preservation of physical integrity (article 5), education (article 9), property (articles 31, 32, 33, 34, 35 and 36), work (article 6), protection and the participation of women in governments (articles 14, 15, 16), the protection of the environment (articles 37, 38 and 39) etc. It also humanized slavery if not abolishing it (article 20).
Conclusion
Governments and institutions on the continent must work to popularize and further promote this historical text which has withstood time and historical changes.
