on matriarchy, women receive considerable advantages that men never had
before, in the time of our forefathers, and will not have tomorrow. I am
fundamentally of {he opinion that the identity of Africa is in its ancestral
traditions and ancient values that it would benefit from safeguarding. To erect
the corpus Juris of human rights as a censor and corrector of African customs
seemed to me to be an insurmountable red line, but one that has been crossed
all the same, in favor of the conclusions of this communication. Who will
prevent the Commission tomorrow from examining the conventionality of
certain rules and traditions such as for example "the rule of the request of the
hand" (proposal of marriage), of customary or religious origin, devolved to
men in the vast majority of African societies?
6. I was not followed by my colleagues, whose opinion I also respect, when
reading the preparatory work df the Charter, I recalled the following:
the preliminary draft is built around a k~y iqea, namely that the
African Charter on Human and Peoples' Rights must reflect the
African conception of human rights. Consequently, it is not a question
of copying outright what has been done in other regions or even at
universal level. The African Charter on Human and Peoples' Rights
must be inspired by the African philosophy of law and must respond
to the needs of Africa. 72
7. This decision seems to me to be very far from the African conception of human
rights and seems, to me, to be a push of feminist militant ideas and issues. I
wondered if it was not due to _the current configuration of the Commission (six
women and five men). My fear now (legitimate?) is that other feminist causes
will prevail through the play of simple arithmetic rules and this will be a pity
for the balance that must be maintained between religious and customary
values on the one hand, and the principles of human rights on the other.