Human Rights, Napoleon and Ibrahim Traoré

“Human rights did not originate in Europe” – Ibrahim Traoré sparks debate with a compelling thesis on African history .

Europeans often claimed human rights as their own achievement, but ignored colonial violence and racism – Napoleon symbolizes this as the "savior of liberty" in France, but an oppressor elsewhere. Postcolonial thinkers like Aimé Césaire see this as hypocrisy: rights were for "themselves," not for the subjugated in Africa or Haiti. This statement addresses a common criticism of the Eurocentric understanding of human rights, which is often portrayed as universal, while historically it has been shaped and selectively applied by European actors. Napoleon Bonaparte exemplifies this ambivalence. The Declaration of the Rights of Man and of the Citizen of 1789 originated during the French Revolution and proclaimed liberty, equality, and fraternity – but it primarily applied to white, tax-paying men in Europe. It codified Enlightenment ideas from Rousseau and others, but remained limited to European borders and served to legitimize bourgeois rule. Napoleon spread the Napoleonic Code, which established equality before the law and property rights across Europe, and saw himself as the heir of the Revolution. At the same time, he reintroduced slavery in the colonies in 1802, affecting hundreds of thousands of Africans and Caribbeans, and suppressed universal claims in favor of imperial expansion. His wars caused millions of deaths, which critics like Louis Adolphe Thiers later denounced as a violation of revolutionary ideals. Burkina Faso's President, Captain Ibrahim Traoré, is once again challenging the prevailing Western narratives – this time about the origins of human rights. This is a fascinating and entirely justified correction to the often very Eurocentric view of history. It's true, because while the Enlightenment in Europe undoubtedly provided an important framework for the codification of modern human rights, the ethical and philosophical roots are scattered worldwide and are in some cases thousands of years older. Here is an overview of the global milestones that show that the yearning for freedom and dignity is not a purely European phenomenon: 1. The Code of Hammurabi (Mesopotamia, ca. 1750 BC) One of the oldest law books in the world. Even though the punishments were cruel by today's standards (an eye for an eye), it established the principle that law takes precedence over the pure arbitrariness of the ruler. He was meant to "protect the weak from the strong." 2. The Cyrus Cylinder (Persia, 539 BC) Often referred to as the "world's first declaration of human rights." After the conquest of Babylon, the Persian king Cyrus the Great proclaimed: - The liberation of the slaves. - The right to free choice of religion. - Equality of ethnicities. 3. Ashoka's Edicts (India, 3rd century BC) After his conversion to Buddhism, Emperor Azoka ordered the erection of stone pillars throughout South Asia. His edicts demanded: - Religious tolerance. - Fair treatment of servants and prisoners. - Social welfare and non-violence. 4. The Mandi Charter (West Africa, 1222) Long before the French Revolution broke out, the Mali Empire under Sundiata Keïta proclaimed the Charter of Kurukan Fuga. It contained provisions regarding: - Abolition of slavery (in certain contexts). - Inviolability of human life. - Equality and environmental protection. And now Traoré referred to the famous Kurukan Fuga Charter of the Mali Empire. His message was clear: Africa already possessed systems for the protection of dignity, justice and social order long before the emergence of many modern Western states. Important historical facts: - The Kurukan Fuga Charter dates from 1236. - It is considered by many historians to be one of the earliest constitutional documents in the world. - She dealt with governance, community rights, conflict resolution and social responsibility. Some scientists argue that it also included protective measures for women, families, and vulnerable groups. - UNESCO recognizes them as part of Africa's important oral heritage. Traoré's comments reflect a growing movement across Africa: the endeavor to reclaim African history, its intellectual achievements and its political identity from the narratives of the colonial era. Africa did indeed possess systems for the protection of dignity, justice, and social order long before many modern Western states emerged. This thesis will be examined in more detail through examples and an explanation of the principles. Traditional systems of justice and social organization. - Council of elders: In many African societies (for example, among the Bantu, Yoruba and Zulu), councils of elders played a central role. They settled disputes, imposed punishments, and enforced customs. Decisions were made jointly, taking into account the interests of the entire community. - Principles of Ubuntu (South Africa): The philosophy "I exist because we exist" emphasizes the interdependence of people. Justice does not aim at punishment, but at restoring social peace. Conflicts were resolved through dialogue and reconciliation. - Customary law: Unwritten norms passed down from generation to generation. They regulated matters of property, marriage, inheritance, and trade. Examples: Adat among the peoples of West Africa, Raadi among the Somalis. Mediation and reconciliation: Instead of punishment, reconciliation rituals, compensation, and public apologies were frequently used. Among the Igbo (Nigeria), conflicts were resolved through the Ohanefu system – mediation by respected members of the community. Among the Maasai (Kenya/Tanzania), elders acted as arbitrators in disputes over cattle or land. - Women's councils and gender equality: In many cultures (e.g., the Yoruba), women had their own councils and influenced decision-making. In the Ashanti Empire (Ghana), the queen mother (Omanhenema) played a key role in appointing chiefs and overseeing their actions. Historical examples of developed African states - Empire of Mali (13th–14th centuries): Under Mansa Musa (1312–1337), an effective system of government was established. Courts based on Islamic and customary law ensured the administration of justice. Trade and the protection of merchants' rights were promoted. - Kingdom of Benin (12th–19th centuries): Complex bureaucracy with a clear hierarchy of officials. The royal court tried serious crimes. Local tribal leaders settled minor disputes. Known for its highly developed art and urban planning. - Ethiopia (from antiquity to the 19th century): Fetha Negest ("Right of Kings", 15th century) – a legal code that combined biblical, Roman-Byzantine, and local norms. A system of regional rulers (Ras) who were subordinate to the emperor. Protection of the rights of peasants from the arbitrary power of feudal lords. - Ashanti Empire (18th–19th centuries, present-day Ghana): The central council under the Asantehene (head) included representatives of all clans. The "Golden Chair" symbolized the unity and legitimacy of power. A well-developed network of trade routes and the protection of traders' rights were guaranteed. - Sokoto Codex (Somalia): The Heer system is customary law that regulates relations between clans. The council of elders (Shura) mediated conflicts between clans. The principle of collective responsibility for maintaining peace. Key principles of African systems - Collective responsibility: The well-being of the community takes precedence over individual interests. - Restoration instead of punishment: The goal is to restore social equilibrium. - Community participation: Decisions are made publicly and with the involvement of all stakeholders. - Flexibility: Standards are adapted to changing conditions without formal "reforms". Many legal norms had a religious and moral basis. Comparison with Western models Aspect: Traditional African systems: Western models (pre-modern): Purpose of justice: Restoration of peace: Punishment and isolation: Decision-making: Collective (councils, assemblies): Hierarchical (judges, monarch): Sources of law: Customs, traditions, consensus: Written laws, decrees: Role of the community: Central: Limited: Punishments: Compensation, reconciliation, banishment: Imprisonment, executions, fines Long before the emergence of modern Western states, African societies developed: - effective mechanisms for conflict resolution; - Social security and support systems; - principles of justice based on collective consent; - Institutions that ensured stability and development. These traditions have not disappeared: many elements (for example, the principles of Ubuntu or the role of elders' councils) continue to shape legal and social practice in Africa. They also represent a valuable contribution to the global dialogue on justice and governance. Whether you agree with him or not, one thing is certain: Africa's historical contributions to civilization are being discussed more loudly than ever. Why is it often perceived as "European"? Perceptions are strongly influenced by legal history. In Europe, these concepts were incorporated into a systematic, secular legal system during the Enlightenment (Locke, Rousseau, Kant), which became politically effective on a global scale through documents such as the "Bill of Rights" (USA) or the "Declaration of the Rights of Man and of the Citizen" (France). However, the idea that every human being possesses an inviolable dignity simply by virtue of their existence is a universal heritage of humanity, deeply rooted in the spiritual and philosophical traditions of Asia, Africa, and the Middle East. The idea that every human being possesses inviolable dignity simply by virtue of their existence is indeed a universal heritage of humanity. It is not only found in modern Western human rights concepts, but is also deeply rooted in the spiritual and philosophical traditions of diverse cultures—including, and especially, African, Asian, indigenous, and Middle Eastern systems of thought. In many parts of Africa, the dignity of the individual was grounded in the ethos of Ubuntu: «Umuntu ngumuntu ngabantu» (Zulu/Xhosa): “A person is a person through other people”. Human dignity is not individually isolated, but collectively rooted: it arises and is maintained through relationships, solidarity, and communal action. Justification and conflict resolution do not primarily aim at punishment, but at restoring social harmony — which protects the dignity of all involved. Confucianism (China): The term ren (仁) — humanistic goodness that is due to all people. Dignity results from moral education and social responsibility. Buddhism (South, Southeast and East Asia): Acceptance of the dignity of all living beings (ahimsa, non-violence). Every being has the potential for enlightenment — a metaphysical justification of dignity. Hinduism (India): Atman — the inner self, which is divine and therefore inviolable. The principle of dignity transcends social classes (although not always practiced historically). Jewish tradition: Man as the “image of God” (Gen 1:27) — every person possesses an inviolable dignity through their order of creation. Christianity: Equality of all people before God; dignity is founded on love and mercy. Islam: The Quran emphasizes the honor (karama) of all people (Sura 17:70). This dignity is not earned, but given by God. Indigenous worldviews Many indigenous peoples (American, Australian, Siberian) share the belief: -'Human dignity is part of a larger cosmic network of relationships — with other humans, animals, plants and spirits. Responsibility and respect are the foundations for maintaining this dignity. The idea did not originate in the "West" only in modern times: Stoics (e.g., Seneca, Marcus Aurelius): All people share reason (logos) and are therefore of equal worth. Inner freedom and virtue are the bearers of dignity—independent of social status. Cicero: Law and justice must protect the dignity of the person; justice is a duty towards every human being. These diverse traditions were incorporated into the Universal Declaration of Human Rights (1948) in the 20th century: Article 1: “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.” This text does not merely reflect a single culture, but attempts to formulate a global consensus on the inviolable dignity of man. The concept of inviolable human dignity is not an "export" of a single culture, but rather the result of a long, global dialogue between religions, ethics, and philosophies. Its universality lies precisely in the fact that different peoples and traditions—independently of one another—have arrived at similar insights. Human dignity is not based on achievement, possessions or power, but on the mere existence of a human being. This shared heritage challenges us today to understand human rights not as an “imported” idea, but as a collective achievement of all humanity — which we must protect and develop together.