Legal and institutional aspects of sustainable cultural heritage: the case for institutional enforcement cooperation

Abstract

This article examines the efficacy of the legal and institutional framework which governs the management, use and trade in Intangible Cultural Heritage (ICH)—as an integral part of the environment—in Zambia, in promoting a Sustainable Cultural Heritage (SCH). The central premise of this article is that SCH is a function of Effective Enforcement of General Environmental Violations, and Specific Environmental Violations—the Cultural Violations. The central argument of this article is that effective enforcement of general and specific cultural violations is likely to deter unlawful destruction and trade in ancient heritages and relics, and promote a SCH. The corollary argument is that the quality of enforcement of environmental violations is likely to be enhanced by promoting regulatory cooperation among the Competent Environmental Regulatory Authorities—the Zambia Heritage Conservation Commission, and the Zambia Environmental Management Authority (ZEMA. Driven by the Enforcement Theory of Heritage and Cultural Conservation, the hypothesis of this study is that the lack of security of tenure of the Zambian Heritage Commission Members, the lack of enforcement power on the part of the said Commission, the low fine (K 750) for the destruction and unlawful trade in heritages and relics which are provided under the Heritage Commission Act 1989, the poor enforcement capacity (low staffing levels, poor funding, short geographical reach, insecurity of tenure of the Members of the ZEMA Board, under the EMA 2011), and lack of the statutory power on the part of competent environmental regulatory authorities to cooperate in the enforcement of general and specific (cultural) environmental violations are a constraint on SCH.