The protection of cultural (Heritage) property: How effective is the law in Zambia?

Abstract

The principal objective of this study was to critically examine the laws pertaining the protection and management of Zambia's unique heritage in general and cultural heritage in particular. It was found that heritage generally shares the same definition worldwide and as such, there are similarities in the way heritage is protected and managed in various parts of the world. The first chapter underscored the fact that heritage concept is not properly understood and it is no surprise that there is paltry of legal literature on heritage conservation in Zambia.The history of the legal and institutional framework in the protection and management of Zambia's heritage has been considered in chapter two and as observed, the law on heritage is one of the eldest laws in the country. The study has been able to show that the law has undergone numerous amendments since 1912 aimed at consolidating the protection of heritage and also as a response to emerging issues on environmental protection. Other legislations have also been considered while highlighting some of the overlaps potentially creating conflicts in institutional mandates.Though Zambia is signatory to international instruments on the conservation of heritage, very little has been done to domesticate them into municipal law. International instruments concerning the conservation of cultural and natural heritage have been the focus of chapter three.An assessment of the effectiveness of the statutes providing protection of cultural and natural heritage from a generic perspective has been articulated in chapter four while chapter five is premised on the discussion of the recommendations and conclusion. It is hoped that some of the recommendations made in this research will be useful when reviewing or proposals aimed at strengthening the laws on the protection of Zambia's heritage.