CHAPTER ONE:

BACKGROUND TO THE STUDY

Human rights refer to the fundamental freedoms and protections that belong to all individuals regardless of their background, gender, religion, or ethnicity. These rights are considered inherent and universal, meaning they apply to everyone equally. The history of human rights dates back to ancient civilizations, where societies developed laws and principles to govern behavior and ensure fairness. For example, the Code of Hammurabi, written around 1754 BCE in ancient Babylon, was one of the earliest recorded legal codes. It established rules for justice and emphasized fairness in resolving disputes. Similarly, ancient Greek philosophers, such as Aristotle, spoke of natural law and justice as ideals that should govern human interactions.¹

In the medieval period, human rights principles evolved further through documents like the Magna Carta of 1215. This charter, agreed upon in England, limited the power of the king and granted certain rights to nobles. It was a foundational step in recognizing that rulers should also be subject to the law. Over time, such ideas influenced the development of governance systems that valued individual freedoms. The Enlightenment era in the 17th and 18th centuries brought renewed attention to human rights. Thinkers such as John Locke argued that individuals had natural rights to life, liberty, and property. These ideas inspired political movements, including the drafting of the American Declaration of Independence in 1776 and the French Declaration of the Rights of Man and of the Citizen in 1789. These documents established the principles of equality and individual freedoms, marking a turning point in the formal recognition of human rights.²

The horrors of World War II pushed the global community to take stronger steps to protect human rights. In 1948, the United Nations adopted the Universal Declaration of Human Rights (UDHR), a milestone document that proclaimed fundamental rights to be universally protected. Since then, international treaties like the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child have expanded the scope of human rights, addressing various aspects of dignity, freedom, and equality.³

At the same time, customs and traditions have played a central role in shaping societies. Customs are long-standing practices and beliefs passed down through generations, reflecting the identity and values of a community. In many cultures, customs regulate important aspects of life, including marriage, inheritance, and governance. They provide a sense of belonging and continuity. However, customs are not always aligned with modern human rights principles. Practices such as child marriage, female genital mutilation, and widowhood rites have been criticized for violating individual freedoms and dignity. Balancing respect for cultural traditions with the need to uphold human rights has been a challenge for many societies.⁴

In Africa, customs remain deeply influential, particularly in rural areas where traditional authority systems prevail. These customs vary widely across the continent and often reflect the values and norms of specific ethnic groups. While some customs promote social harmony and cohesion, others have been identified as harmful, especially to women and children. For instance, the payment of bride price, though culturally significant, has sometimes been misused to justify the treatment of women as property.⁵ International human rights bodies have called for the elimination of such harmful practices while encouraging the preservation of positive cultural values.

Cameroon, often described as “Africa in miniature” due to its cultural diversity, is home to over 250 ethnic groups, each with its unique customs. These traditions are central to the identity of many communities and govern key aspects of life, including land ownership, marriage, and inheritance. The country’s dual legal system, which recognizes both statutory law and customary law, reflects the importance of customs in its society. However, this dual system has created tensions, especially when customary practices conflict with statutory laws or international human rights principles.⁶

For example, some customary laws in Cameroon deny women inheritance rights, leaving widows and daughters without access to family property. In other cases, young girls are forced into early marriages based on cultural beliefs, depriving them of education and exposing them to health risks. These practices conflict with Cameroon’s Constitution, which guarantees equality and protection for all citizens, as well as international treaties the country has ratified, such as the African Charter on Human and Peoples’ Rights.⁷

Efforts to address these conflicts have included public awareness campaigns, legal reforms, and advocacy by civil society organizations. For instance, the Ministry of Women’s Empowerment and the Family in Cameroon has launched initiatives to promote gender equality and protect women’s rights. However, these efforts face challenges, including societal resistance to change and limited resources for implementation. Traditional leaders, who are the custodians of customs, play a critical role in these efforts but sometimes prioritize preserving traditions over aligning with statutory laws.⁸

This study aims to explore the relationship between human rights and customs, focusing on how cultural practices influence the application of human rights in Cameroon. It seeks to trace the historical evolution of this relationship and examine the legal frameworks that govern human rights and customs in the country. 

1. Hammurabi. The Code of Hammurabi. Translated by L. W. King, Project Gutenberg, 1915.
2. Locke, John. Two Treatises of Government. Cambridge University Press, 1689.
3. United Nations. Universal Declaration of Human Rights. UN General Assembly Resolution 217A, 1948.
4. UNICEF. “Harmful Practices Against Women and Girls: Challenges and Solutions.” UNICEF Reports, 2020.
5. African Union. African Charter on Human and Peoples’ Rights. AU Treaty Series, 1981.
6. Ndulo, Muna. “Customary Law and Statutory Law in Cameroon: A Dual System in Conflict.” African Legal Studies Journal, vol. 12, no. 3, 2019, pp. 45-62.
7. Constitution of Cameroon, Article 1(2).
8. Ministry of Women’s Empowerment and the Family. Annual Report on Gender Equality in Cameroon. Government of Cameroon, 2023.