Kouroukan Fouga

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The Kouroukan Fouga or Kurukan Fuga was the constitution of the Mali Empire (1235-1645). It formally established the federation of Mandinka clans under one government, outlined how it would operate and established the laws which the people would live by. Mansa (Emperor) Sundiata Keita presented the document at a plain near the town of Ka-ba (present day Kangaba), and it has survived through oral tradition passed down by generations of djeli or griots. The djeli have preserved much of the history of the Mali Empire including its kings, battles and system of government.

Contents

[edit] Rediscovery and Publication

In 1998, a regional workshop was held in Kankan, Guinea specifically to publish and preserve the oral history related to the area's djeli or griots. Assisted by modern communicators and Guinea linguists under the supervision of Siriman Kouyaté, the leading traditionalists authority from Niagasole in Guinea, the laws and edicts preserved in different regions from the core of the Mali Empire were transcribed and translated. Kouyaté then organized the recorded edicts, making sure not alter their original translation.

The Kouroukan Fouga, as published by Kouyate, contains 44 edicts. They are divided into four sections concerned with Social Organization (edicts 1-30), Property Rights (edicts 31-36), Environmental Protection (edicts 37-39) and Personal Responsibilities (edicts 40-44).

[edit] Historic and Cultural Importance

The Mali Imperial constitution was a landmark achievement in the history of Africa and the world for several reasons. As far as global significance, the document is one of the earliest declarations of human rights. Its importance to Africa is demontrated in three main achievements. First, it established uniform laws and regulations over a significant portion of West Africa (equal to the size of Western Europe) for the first time in recorded history. Second, it afforded uniform rights for all citizens including women and slaves, unheard of in many parts of the world. Third, it is uniquely African in that it does not directly borrow from any existing law documents as opposed to the Ethiopian Fetha Negest. The prominence of the Mandinka in West Africa allowed the ideas and values within the Kouroukan Fouga to spread far beyond the borders of the Mali Empire. Many peoples related to the Mande still abide by its traditions.

[edit] Contents

The Kouroukan Fouga divided the new empire into ruling clans (lineages) that were represented at a great assembly called the Gbara. There were 16 clans known as the Djon-Tan-Nor-Woro (carriers of quiver) responsible for leading and defending the empire. There were also 4 clans known as the Mori-Kanda-Lolou (guardians of the faith) that guided the ruling clans in matters of Islamic law. There were 4 nyamakala clans (men of the caste) who had the monopoly on certain trades (smelting, woodworking, tanners, etc). Lastly there were 4 clans of djeli (masters of speech) who recorded the history of the empire through song. Combined these would make up the 29 seat Gbara at the plain of Kouroukan Fougan (named after the event where Sundiata "divided the world"). The 30th seat was likely occupied by the mansa's djeli called the belen-tigui (master of ceremonies). Or it may have been reserved for a female monitor since the constitution states women are to be represented at all levels of government (edict 16).

[edit] Social Organization

  • Article 1: The Great Mande Society is divided into sixteen clans of quiver carriers, five clans ofmarabouts, four groups of “nyamakalas” and one group of slaves. Each one has a specific activity and role.
  • Article 2: The “nyamakalas” have to devote themselves to tell the truth to the chiefs, to be their counsellors and to defend by the speech the established rulers and the order upon the whole territory.
  • Article 3: The five clans of marabouts are our teachers and our educators in Islam. Everyone has to hold them in respect and consideration.
  • Article 4: The society is divided into age groups. Belong to the some age-group the people (men or women) who are born during a period of three years in succession. The members of the intermediary class between young and old people, should be invited to take part in taking important decisions concerning the society.
  • Article 5: Every body has a right to life and to the preservation of its physical integrity. Accordingly, any attempt to deprive one’s fellow being of life is punished with death.
  • Article 6: To win the battle of prosperity, the general system of supervision has been established in order to fight against laziness and idleness.
  • Article 7: It has been established among the Mandenkas, the sanankunya (joking relationship) and the tanamannyonya (blood pact). Consequently any contention that occurs among these groups should not degenerate the respect for one another being the rule. Between brothers-in-low and sisters-in-law, between grandparents and grandchildren, tolerance and rag should be the principle.
  • Article 8: The Keïta family is nominated reigning family upon the empire.
  • Article 9: The children’s education behooves the entire society. The paternal authority in consequence falls to everyone.
  • Article 10: We should offer condolences mutually.
  • Article 11: When your wife or your child runs away stop running after her/him in the neighbour’s house.
  • Article 12: The succession being patrilineary, do never give up the power to a son when one of his fathers is still alive. Do never give up the power to a minor just because he has goods.
  • Article 13: Do never offend the Nyaras (the talented).
  • Article 14: Do never offend women, our mothers.
  • Article 15: Do never beat a married woman before having her husband interfere unsuccessfully.
  • Article 16: Women, apart from their everyday occupations, should be associated with all our managements.
  • Article 17: Lies that have lived for 40 years should be considered like truths.
  • Article 18: We should respect the law of primogeniture.
  • Article 19: Any man has two parents-in-law: the parents of the girl we failed to have and the speech we deliver without any constraint. We have to hold them in respect and consideration.
  • Article 20: Do not ill treat the slaves. We are the master of the slave but not of the bag he carries.
  • Article 21: Do not follow up with your constant attentions the wives of the chief, of the neighbour, of the marabout, of the priest, of the friend and of the partner.
  • Article 22: Vanity is the sign of the weakness and humility the sign of the greatness.
  • Article 23: Do never betray one another. Respect your word of honour.
  • Article 24: In Manden, do not maltreat the foreigners.
  • Article 25: The ambassador does not risk anything in Manden.
  • Article 26: The bull confided to your care should not lead the cattle-pen.
  • Article 27: A girl can be given in marriage as soon as she is pubescent without age determination.
  • Article 28: A young man can marry at age 20.
  • Article 29: The dowry is fixed at 3 cows: one for the girl, two for the father and mother.
  • Article 30: In Mande, the divorce is tolerated for one of the following reasons: the impotence of the husband, the madness of one of the spouses, the husband’s incapability of assuming the obligations due to the marriage. The divorce should occur out of the village.
  • Article 31: We should help those who are in need.

[edit] Of Goods

  • Article 32: There are five ways to acquire the property: the buying, the donation, the exchange, the work and the inheriting. Any other form without convincing testimony is doubtful.
  • Article 33: Any object found without known owner becomes common property only after four years.
  • Article 34: The fourth bringing forth of a heifer confided is the property of the guardian. One egg out of four is the property of the guardian of the laying hen.
  • Article 35: One bovine should be exchanged for four sheep or four goats.
  • Article 36: To satisfy one’s hunger is not a robbery if you don’t take away anything in your bag or your pocket.

[edit] Preservation of the Nature

  • Article 37: Fakombè is nominated chief of hunters.
  • Article 38: Before setting fire to the bush, don’t look at the ground, rise your head in the direction of the top of the trees to see if they don’t bear fruits or flowers.
  • Article 39: Domestic animals should be tied during cultivation moment and freed after the harvest. The dog, the cat, the duck and the poultry are not bound by the measure.

[edit] Final Disposals

  • Article 40: Respect the kinship, the marriage and the neighbourhood.
  • Article 41: You can kill the enemy, but not humiliate him.
  • Article 42: In big assemblies, be satisfied with your lawful representatives.
  • Article 43: Balla Fassèkè Kouyaté is nominated big chief of ceremonies and main mediator in Manden. He is allowed to joke with all groups, in priority with the royal family.
  • Article 44: All those who will transgress these rules will be punished. Everyone is bound to make effective their implementation.

[edit] References

  • Cisse, Youssouf Tata (2003). La charte du Mandé et autres traditions du Mali. Paris: Albin Michel, 64 Pages. ISBN 2-22613-736-X. 
  • Ki-Zerbo, J & D.T. Nianie (1998). UNESCO General History of Africa, Vol. IV: Africa from the Twelfth to the Sixteenth Century (Abridged Edition). Berkeley: University of California Press, 277 Pages. ISBN 0-52006-699-5. 

[edit] External links