The Legal Frameworks of Protecting Archaeology in Africa

2021 ◽  
Author(s):  
Ancila Katsamudanga
Keyword(s):  
Legal Protection ◽  
Legislative Process ◽  
Illegal Trade ◽  
African Countries ◽  
Protective Mechanisms ◽  
Archaeological Heritage ◽  
Cultural Policies ◽  
Legal Provisions ◽  
Republic Of The Congo ◽  
Digital Manipulation

Archaeological heritage is fragile and nonrenewable. In Africa, it is vulnerable to developmental projects in construction, mining, and agriculture as well as intentional and unintentional vandalism through everyday use and tourism. Looting, illegal trade of antiquities, and terrorism have also emerged as other significant threats to archaeological heritage in Africa. Looting and vandalism of sites and objects result from lax monitoring mechanisms and a general lack of awareness of archaeological matters among the public. Although most African countries have the legal protection of archaeological heritage, the effectiveness of these has been under question. African heritage legislations have been criticized for the lack of predevelopment assessments that would ensure the protection of recorded and unrecorded archaeological heritage. They have also been censured for protecting just the physical aspects of archaeological heritage, leaving out the intangible aspects that actually give the heritage value, especially among African communities. Another challenge was the exclusion of local communities and customary management systems in the protection of archaeological heritage. Provisions for counteracting looting and illegal trade in antiquities, coming especially from archaeological sites, were also considered weak and requiring improvements. The response to the debate on the effectiveness of the legal protection of heritage has been varied across the continent. Some African countries have responded by writing new laws, amending old ones, or providing other supporting legal provisions such as national cultural policies or regulations. Countries that have instituted new legal provisions include Namibia, Botswana, Kenya, Mali, Egypt, Mauritania, and the Republic of the Congo. Those who reworked their protective mechanisms have attempted to address many of the issues raised. Countries such as Namibia, Botswana, and Mali have included clearly defined provisions for predevelopment assessments. Others such as Liberia included archaeological heritage in their environmental protection laws. Although fewer countries have had legislation to protect intangible aspects, supporting legal provisions such as national cultural policies have helped in this regard. However, very little has been done on the inclusion of customary laws and systems of archaeological protection. Going forward, African nations have to quickly consider emerging issues such as digital manipulation, heritage-based product development, increased need for intervention conservation, and sustainable economic utilization of heritage for the development of individuals, communities, and nations. The legislative process in Africa has to be expedited to quickly and efficiently deal with these issues before they cause harm to the archaeological heritage.

Studying National Commemoration and Political Celebrations in Africa: The Online Archive African Independence Days

2020 ◽  
Vol 2019 ◽  
pp. vii-xxviii
Author(s):  
Marie-Christin Gabriel ◽  
Carola Lentz
Keyword(s):  
Burkina Faso ◽  
Comparative Research ◽  
Democratic Republic ◽  
Nation Building ◽  
African Countries ◽  
Research Project ◽  
Online Archive ◽  
Republic Of The Congo ◽  
History Of ◽  
The Many

AbstractThe Department of Anthropology and African Studies (ifeas) at Johannes Gutenberg University Mainz hosts a comprehensive archive on African Independence Day celebrations. Created in 2010, the archive is one of the outcomes of a large comparative research project on African national days directed by Carola Lentz. It offers unique insights into practices of as well as debates on national commemoration and political celebrations in Africa. The archive holds more than 28,000 images, including photographs, newspaper articles, documents, and objects from twelve African countries: Benin, Burkina Faso, Cameroon, Côte d'Ivoire, Democratic Republic of the Congo, Gabon, Ghana, Madagascar, Mali, Namibia, Nigeria, and Tanzania. It primarily consists of an online photo and newspaper archive (https://bildarchiv.uni-mainz.de/AUJ/; https://www.blogs.uni-mainz.de/fb07-ifeas-eng/departmental-archives/online-archive-african-independence-days/); some of the material is also stored in the physical archive on African Independence Days at ifeas as well as in the department's ethnographic collection (https://www.blogs.uni-mainz.de/fb07-ifeas-eng/ethnographic-collection/). Most of the material concerns recent celebrations, but the collection has been complemented by some documentation of earlier festivities. Archives hold many stories while they also have a story to tell in their own right. This article discusses both aspects. It first traces the history of the Online Archive African Independence Days at ifeas. It then provides an overview of the different categories of material stored in the archive and tells a few of the many stories that the photos, texts and objects contain. We hope to demonstrate that the archive holds a wealth of sources that can be mined for studies on national commemoration and political celebrations in Africa, and, more generally, on practices and processes of nation-building and state-making.

Criminal law as a means of protecting human rights and freedoms in the modern world

2021 ◽  
Vol 28 (3) ◽  
pp. 248-256
Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksandr M. Khramtsov ◽  
Oleksandr O. Zhytnyi ◽  
Andrii A. Vasyliev
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Modern World ◽  
Legal Provisions ◽  
Protection Of Human Rights ◽  
Legitimate Interests

This paper is a comprehensive study of the problems of criminal law as a remedy for human rights and freedoms in the modern world. The relevance of this subject lies in the systematic violations of constitutional human rights and freedoms and the inaction of the criminal law in such cases. Nowadays, the criminal law as a remedy for human rights and freedoms in national and international law is described by imperfection in its adaptation to rapidly changing social relations, which, accordingly, leads to problems in their legal protection. There are various reasons for this in the legal sphere, such as gaps in the legal provisions, conflicts of legal regulation and inconsistency of the rules of legislation with existing public relations in the state. All of the above determines the relevance of the subject matter of this study. Thus, the purpose of this study was a comprehensive analysis of theoretical and applied issues relating to the remedies for human rights and legitimate interests against socially dangerous encroachments, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. Ultimately, this study identified the legal characteristics of human rights and freedoms at both the national and international levels. The remedies for rights were demonstrated through the lens of criminal law. In addition, the study analysed the forms of implementation of international practice in the national legislation of Ukraine as a remedy for human rights and freedoms in the modern world. The significance of the results of this study was expressed in the further research of related subjects concerning this issue, namely the history of the development of EU criminal law standards and the historical establishment of the concept of human and citizen rights and legitimate interests. Furthermore, the materials of this study can be used in the preparation of educational materials, methodological recommendations, as well as training in various fields of legal science. This, in turn, will allow properly using the criminal law protection of human rights and freedoms without violations on the part of criminal justice bodies

scholarly journals Perlindungan Hukum Terhadap Orang Utan Dari Perdagangan Ilegal

Kosmik Hukum ◽  
2019 ◽  
Vol 19 (2) ◽  
Author(s):  
Firman Bagus Prasetyo ◽  
Rahtami Susanti ◽  
Bayu Setiawan
Keyword(s):  
Natural Resources ◽  
Road Network ◽  
Legal Protection ◽  
Illegal Trade ◽  
Network Expansion ◽  
Inhibiting Factors ◽  
Orang Utan

Illegal trade in protected animals, including orangutans, is still rife in Indonesia, resulting in a decline in population from year to year. This study aims to analyze the legal protection of orangutans from illegal trade, based on Law Number 5 of 1990 concerning Conservation of Living Natural Resources and their Ecosystems and their inhibiting factors. The approach to the problem that will be used in this research is a normative juridical approach. The results of the study show that first, the number of orangutan populations has decreased due to illegal trade and there are several factors that hinder the protection of the orangutan population, such as logging, encroachment and road network expansion. The illegal trade in orangutans is something that must be considered because the punishment imposed on the perpetrators is still too light, with what they are doing. Therefore, the punishment and fines can be heavier so that the perpetrators are deterred. Stop forest hunting by tightening forest guarding and providing education about protected animals to the community. Likewise in protecting animals in the country of Indonesia.Keywords: protection, orangutans, illegal trade

scholarly journals Repenser Le Rôle Des Institutions De Conservation De La Nature À L’ère De La Globalisation En Afrique: À Propos Du Parc National De La Salonga (RDC)

2017 ◽  
Vol 13 (11) ◽  
pp. 92
Author(s):  
Mampeta Wabasa Salomon
Keyword(s):  
Protected Areas ◽  
National Park ◽  
Local Community ◽  
Democratic Republic ◽  
Central Africa ◽  
The Other ◽  
African Countries ◽  
Republic Of The Congo ◽  
Contemporary Management

In the Democratic Republic of the Congo (DRC), the protectionist conservatism influenced by colonialism, which exploited African countries for the prosperity of the colonizing countries, still has a high visibility in the Salonga National Park (PNS). If, in theory, the Central Africans seem to free themselves from the colonial powers on their land, in practice they are still there. The hostility of settlers who have become neo-colonists to the development of Central Africa remains intact, he adds (Ndinga, 2003). This reflects a "logic from above" that has disregarded local values. Yet, in the era of sustainable development and globalization, African protected areas appear to be essential tools for States to reposition themselves in a complex set of actors with the aim of capturing and using the new environmental rent (Giraut, Guyot, & Houssay-Holzschuch, 2003). This is a "bottom-up logic", placing people at the heart of all activities and aiming to reorganize their long-term relationships with the environment. From these two logics, a third "logic from the other side" emerges, reflecting a collective awareness of the fragility of the planet. The restoration of the rights of Africans in the various national frameworks constitutes a major challenge for the contemporary management of African protected areas. Because the protected areas inherited from the different colonial systems must accompany the change in management methods and the redefinition of their functions in order to better serve the local community in the long-term.

scholarly journals Akibat Hukum Pengangkatan Anak menurut Undang-Undang Nomor 23 Tahun 2002 tentang Perlindungan Anak

2019 ◽  
Vol 6 (1) ◽  
pp. 14
Author(s):  
Adawiyah Nasution
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Legal Protection ◽  
Field Research ◽  
Adoptive Parents ◽  
Primary Data ◽  
Adopted Children ◽  
Legal Provisions ◽  
The Right

<h1>The purpose of this study is to assess the legal provisions of the children under Law No. 23 of 2002 and to explain the consequences of the child's adoption law. In addition, to know the legal protection of adopted children under the Child Protection Act is reviewed from Islamic Law Preformance law Practice in Indonesia. To examine the matter, a descriptive study was conducted with a normative juridical approach that was conducted only on the written rules. The collection of data is derived from the literature research and supported field research studies on the appointment of Court and Civil registry office. Primary data collection tools are informant with the interview guidelines whereas data analysis is done with a qualitative approach using the logical and inductive thinking logic in the field of law. In the content of this article shows that, firstly, the consequences of child adoption generally arise with the appointment of a court by not deciding the adoption of adopted children with their biological parents, which switching is the right of custody. In the case of inheritance, the appointment of children based on the determination of the Court of Justice is entitled to the inheritance of his adoptive parents based on wills. Thirdly, with the determination of the adoption of children from the courts, the consequence is the protection of adopted children can be assured of the custody of the law and the inheritance of its adoptive parents.</h1><h1> </h1>

scholarly journals Perlindungan Hukum Terhadap Hak Cipta atas Batik Di Kota Serang Provinsi Banten

2019 ◽  
Vol 3 (2) ◽  
pp. 185
Author(s):  
Sulasno Sulasno ◽  
Mia Mukaromah
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Copyright Holder ◽  
Legal Research ◽  
Legal Provisions ◽  
Works Of Art ◽  
The City

This writing aims to find out how the legal protection of the copyright of batik in the city of Serang with the provisions contained in Law No. 28 of 2014 concerning Copyright and regional regulations governing the protection of copyright in the city of Serang.But now researchers have not found any specific regional regulations governing Copyright (Batik Art) in Serang City. Batik is one of the works of art that requires high intellectuals in its creation. Legal protection of batik copyrights is needed to avoid things that will harm the creator and the copyright holder. The method used is the empirical normative legal research method, namely the incorporation of normative legal provisions (laws) with empirical elements (legal events in society / social elements).

Collective working conditions for everyone?! – Collective provisions with erga omnes effect and statutory extension of collective agreements from a German law perspective

2019 ◽  
Vol 11 (2) ◽  
pp. 154-174
Author(s):  
Claudia Schubert ◽  
Laura Schmitt
Keyword(s):  
Collective Bargaining ◽  
Minimum Wage ◽  
Working Conditions ◽  
Legal Protection ◽  
Legal Systems ◽  
Social Partnership ◽  
Collective Agreements ◽  
Legal Provisions ◽  
The Social ◽  
Social Partners

Not only in Germany but in many European states the level of coverage by collective agreements is declining. Since collective bargaining autonomy is based on the principle of voluntary membership, one of its weaknesses lies in the declining degree of organisation on both the employers’ and the employees’ side. In the long term, weak unions cannot ensure fair working conditions. As a result, collective bargaining agreements lose their inherent warranty of correctness. In the legal policy discussion, this has led to calls for the legislator. In response, in 2014 the German legislature passed the ‘Act to Strengthen the Autonomy of Collective Bargaining’ ( Tarifautonomiestärkungsgesetz) to lower the requirements for the extension of collective agreements and to introduce a national minimum wage. As this has not led to significant improvements, there are further-reaching proposals for the statutory extension of collective agreements. The extension of collective bargaining agreements to non-members does not strengthen the social partnership on the employee side. However, it is a legitimate means to avoid a race to the bottom in competing for the lowest social standard; extensions help in creating common labour standards as long as a sufficient margin is maintained for the social partners to negotiate sector-specific regulations and to shape working conditions. A legal system, which is based on rights of freedom and does not consider the freedom of association to be a solely goal-orientated right, offers limited options to strengthen the social partners through legislation. Extensions become increasingly difficult to justify, the higher the existing level of legal protection. Especially in countries with minimum wage legislation and a large amount of employee protection legislation the justification requirements increase. However, at least in Germany, to date the judiciary has not sufficiently considered these aspects. Even though international laws leave substantial freedoms to the states, all legal systems that are based on a strong and vital social partnership should be interested in obtaining and protecting the plurality of collective bargaining agreements. They should only lay down limits, where there are tendencies of eroding solidarity among workforces due to the parallel existence of several collective bargaining agreements. The associations themselves possess limited resources for extending their member base. Still, the more the individual can gain from association membership, the more likely employees and employers are to join their respective associations. Therefore, the state should demonstrate restraint regarding the regulation of labour conditions. However, such restraint will prove difficult for welfare states. Their governments will most likely opt to eliminate deficiencies through legislation, even at the price of further weakening collective bargaining autonomy. Compared to extensions, legal provisions have the disadvantage of being too general and less flexible because of the much slower adaptation process. Therefore, the main argument in favour of extensions is that they facilitate the differentiation of mandatory working conditions. To ensure their legitimation, a number of design options can be considered. Regarding this, neither European nor international law impose high requirements but existing differences between national legal systems demand custom-fit solutions.

The Underwater Archaeological Heritage of Andalusia: Actions for the Protection of an Emerging Heritage

2012 ◽  
Vol 15 (2) ◽  
pp. 257-274 ◽  
Author(s):  
Carmen García Rivera ◽  
Milagros Alzaga García
Keyword(s):  
Legal Protection ◽  
Underwater Archaeology ◽  
Global Knowledge ◽  
Research Strategies ◽  
Archaeological Heritage ◽  
Specific Research ◽  
Core Project

The Underwater Archaeology Centre of Andalusia opened in 1997 due to the need to correctly manage and preserve the underwater archaeological heritage of Andalusia; the main goal set was protection. Aware that the protection of this heritage necessarily involved global knowledge thereof, the Centre decided to focus its efforts on executing a core project – an archaeological map – a tool that would enable the establishment of specific protection and preservation mechanisms and the design of research strategies. The results obtained from this project have enabled the achievement in recent years of some of the goals set, notably guaranteeing the legal protection of these space, and drawing up projects with specific research targets.

scholarly journals Access to Controlled Medicines in Low-Income Countries: Listening to Stakeholders in the Field

2020 ◽  
pp. 002073142090674
Author(s):  
Agnes Vitry ◽  
Gilles Forte ◽  
Jason White
Keyword(s):  
Low Income ◽  
Low Income Countries ◽  
Structured Interviews ◽  
African Countries ◽  
Country Level ◽  
Written Information ◽  
Health Authorities ◽  
Psychotropic Medicines ◽  
Republic Of The Congo ◽  
International Conventions

Little is known on current practices and challenges associated with the legal trade of medicines controlled under international conventions in low-income countries. This qualitative survey involved semi-structured interviews of stakeholders engaged in the trade of controlled medicines at a global level or at a country level in 3 African countries (Uganda, Kenya, Democratic Republic of the Congo). Nine interviews were conducted, including 3 international wholesalers, 2 relief organizations, 2 procurement officers, and 2 regulatory officers. Additionally, 4 other participants provided written information. All participants consistently reported that the current process of procuring controlled medicines in compliance with international conventions was long and complex given the number of administrative steps required for obtaining export and import authorizations, which are mandatory for both narcotic and psychotropic medicines. It may be difficult or impossible to obtain import authorizations from some health authorities in low-income countries because of long delays, mistakes in forms, absence or shortage of staff, or when annual national estimates are exceeded. The complexities of the trade of controlled medicines directly contribute to the lack of access to essential controlled medicines, both narcotics and psychotropics, in low-income countries.

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