Abuye
Abuye
November, 2024
1. Introduction
Africa is blessed with numerous Cultural and Historical places that attest to different civilization,
cultures, and inventions of the people of African continent. Starting from the pyramids of Egypt
to Yoruba folklore of Western Africa, and apprehending the rock churches of Ethiopia, the
richness of African culture and motives clearly testifies to the great inventive capacity of
Africans. However, preserving this heritage is still a great struggle since many developing
communities’ urbanization, growing economy, and political insecurity greatly endanger cultural
assets (Acheampong, 2019). Fighting development and culture and historical assets are of
growing concern to African nations, as these assets are crucial for promotion of tourism, identity,
and providing continuity for generations (Mwakikagile, 2020).
Ethiopia being one of the oldest countries of the world to support human civilization, it indeed
possesses number of extraordinary historical, archaeological and cultural sites, monuments,
religion and tradition now global recognition. Tourism attractions include natural wonders like
the rock-hewn churches of Lalibela and the obelisks in Axum as well as cultural importance
represented in the Simien Mountain (UNESCO, 2023). But recent urbanization and development
projects throughout Ethiopia and particularly in Addis Ababa has created substantial pressure on
its cultural and historical sites. Due to population increase, accessibility of huge funds for
constructions, prevailing or lack of enough protective legal frameworks many heritage areas,
sites, and attributes will be displaced, demolished, destroyed (Ayalew, 2021).
The Addis Ababa City Corridor Development Project reflects this consideration in that, it aims at
developing a modem city and efficient traffic flow. On the one hand, the participants believe that
the project helps to improve functionality and economic potential of the city, on the other hand
some of them speak about negative effects on cultural and historical monuments in the area of
the project. There are question marks as to whether this legal system of Ethiopia is sufficient in
safeguarding these places where development interests clash with the preservation of heritage
assets (Bekele, 2022).
This study investigates the legal framework governing the protection of cultural and historical
heritage in Ethiopia, is examined with particular reference to Addis Ababa City Corridor
Development Project. It analise the procedures of compliance with the existing legislation and
laws, assess the effectiveness of the implementation of the legislation and laws with the
international norms, and also analise the problematic aspects of the synthesis of urbanisation and
preservation of the heritage. This study seeks to contribute to appropriate and effective legal
framework enhancement and sustainable urban development that respects cultural heritage in
Ethiopia.
The legal framework for the protection of cultural heritage at the central level and sub-central
level in Ethiopia is very complex including both local and international agencies. But
unfortunately, plans to harmonize and effectively enforce these laws are still missing which
creates discord between development goals and objectives and protection of heritage. This
tension is evident in the Addis Ababa City Corridor Development Project which involves
massive infrastructural undertakings that challenge archaeology, structural preservation and the
indigenous community’s ‘culture art and heritage’ such as; monuments, buildings and other
structures.
This study reveals that there exist crucial gaps in the analysis of the legal and institutional
framework regarding the protection of cultural heritage with regard to development. This study
also would like to assess the compliance of the current legal system with the problems which
raised through the development projects and to measure the adequacy of such protective
mechanisms towards cultural and historical sites in Ethiopia. In this respect, the present study
aims at filling the above-mentioned gap and offering, as a result, relevant policy suggestions
concerning the protection of cultural legacy along with the further successful and continuous
growth of urban communities.
2. To assess the impact of the Addis Ababa City Corridor Development Project on cultural
and historical heritage sites within the city.
3. To identify gaps and challenges in the enforcement of heritage protection laws in the
context of urban development projects.
4. To propose recommendations for improving legal protections for cultural and historical
heritage in Ethiopia, particularly in urban development contexts.
2. How has the Addis Ababa City Corridor Development Project impacted cultural and
historical heritage sites in the city?
3. What challenges exist in enforcing heritage protection laws in the context of urban
development in Addis Ababa?
4. How can the legal framework be strengthened to ensure better protection of cultural and
historical heritage in Ethiopia?
1.5. Scope of the study
The research area of concern for this study relates to examining the legal provision on cultural
and historical preserve in Ethiopia through Addis Ababa City Corridor Development Project.
Spatially, the study is confined geographically to the City of Addis Ababa, Ethiopia, project
affected areas, more so the City Corridor Development Project. But it also examines the
extended legal system that is in place for the conservation of the heritage in Ethiopia. From a
methodological point of view the study relies on the conceptual approach in analysis of the legal
regulation of cultural and historical heritage and the assessment of the effectiveness of the legal
provisions relevant to this area, as well as the theoretical and practical implications arising from
the application of principles of sustainable urban development and tangible and intangible
cultural/natural heritage. They will examine how these urban projects including the City Corridor
have affected the heritage site in Addis Ababa, and the measures for the enforcement of legal
protection of heritage.
Spatially the study is confined to Addis Ababa City Corridor Development Project timeline and
it analyses legal and policy reforms up to the present. Such qualitative data shall include but not
limited to Legal documents and policies, reports and case studies, and such other information
that may be developed from the consultations with the key players such as government Ministry,
Legal consultants, urban Planners and the conservators of built Heritage. They will help in
defining such pragmatic questions of the heritage protection and in defining spheres for the
staking of experience and building up the legal framework. Consequently, the studying provides
a systematic handling of the effects of urbanization on cultural heritage conservation in Ethiopia.
Third, it serves to address the research gap in its field of the law of heritage protection in
Ethiopia, as explained next. Based on analysing the gaps in the enforcing and implementing the
legal protection of the heritage assets, the research offers suggestions for the improvement of the
legal and policy processes. These recommendations will be very useful for the legislators,
governmental and non – governmental organizations engaged in the process of enhancing
heritage conservation in the Ethiopian region. In sum, the findings of the study have broader
theoretical and practical significance to the ongoing global discourses on cultural heritage
conservation and use for sustainable development in various contexts.
2. Literature Review
2.1. Legal Frameworks for Cultural Heritage Protection in Ethiopia
Overview of the Key National Legal Instruments and Policies for Protecting Cultural Heritage in
Ethiopia
This paper focuses on the laws and policies in force for the protection of cultural heritage in
Ethiopia and the major international conventions that it has ratified. Among the main instruments
is the Proclamation number 209/2000 entitled proclamation to provide for the protection and
preservation of cultural heritage. This proclamation provides the basis for the assessment,
protection and management of cultural resources in Ethiopia including historical places,
monuments and associated and related archaeological objects (Federal Democratic Republic of
Ethiopia, 2000). Also, the Ethiopian National Cultural Policy/ENDCP/ that was approved in
1999, provides direction for the protection of those heritages and at the same time relate the
cultural with the over-all development.
The Proclamation No. 847/2014 called the Proclamation for the Preservation of Monuments,
Sites and Movable Cultural Heritage of Federal Democratic Republic of Ethiopia further
elaborates the conservation of other items of significant monuments, movable cultural property
as well as intangible cultural heritage that includes languages, festivals and other practices
among others. Ethiopia has also ratified the UNESCO Convention for the Protection of the
World Cultural and Natural Heritage (UNESCO,1972) that provides standards for the protection
and management of cultural and natural heritage resources of the world that has impact on
domestic legislation.
2.2.1. The Role of the Ministry of Culture and Tourism in Heritage Preservation
The major government institution overseeing the safety, preservation, development and
regulation of cultural assets in Ethiopia is The Ministry of Culture and Tourism (MoCT). It acts
as a focal point for the coordination of the national machinery in the formulation, monitoring and
implementation of the cultural policies, and the management of facilities implemented within the
framework of the cultural annual policies both nation and internationally such as the Cultural
Heritage Proclamation passed in the year 2000; the management of African world heritage sites
including Aksum, Lalibela and Harar Jugol, among others is under the ministry. In relationship
with other governmental organizations, which include the Ethiopian Institute of Archaeology, the
Ministry takes the responsibility in managing the programs of conservation.
MoCT is also sovereign responsible for public sensitization on issues of cultural and heritage and
ensuring community participation in promotion of cultures and heritage (Fikre, 2012). Despite
the efforts of the Ministry, these efforts are constrained by restrict resource, and lack of
coordination which hinders its initiatives (Wolde, 2016). Moreover, the Ministry has a close
cooperation with local governments on the incorporation of the principles of the HL into the
spatial development of cities and towns and rural areas.
Although cultural heritage has been protected through international conventions, the following
factors prevent the protection of cultural heritage in Ethiopia. Stakeholder implementation issues
still persist, thanks to a scarcity of funds and a lack of adequate technical competence in the local
enforcement of the heritage protection laws (Dagnachew, 2018). Moreover, because of urban
development and construction of infrastructure for instance Addis Ababa City Corridor
Development Project, threatens areas of cultural heritage since development projects may give
prominence to economical or infrastructural development than conservation (Tadesse, 2017).
Credible cultural resources are also an issue due to the presence of the post-colonial customary
and formal legal systems. Local cultural practices registered under the customary laws negate the
national laws regulating regional cultural practices, thus, disputes with prove as regards the
control of heritage resources surface (Dabalen et al., 2020). Another is the absence or low levels
of appreciation of the Cultural Heritage among the population. While the government has
stepped up its campaign on public awareness, a significant number of Ethiopians cannot
understand the importance of cultural preservation (Simenew, 2019). Finally, funding challenges
still persist as a major factor that hinder the effectiveness of management and overall grand
implementation of extensive heritage conservation; more so, various sites are in dilapidated
states because of lack of funds (Getachew, 2015).
2.3. Challenges in Protecting Cultural Heritage in Urban Development Contexts
A literature review on identified threats to cultural heritage protection revealed that urbanization
and infrastructure deve-lopment are current and evolving global threats, which also continue to
pose threats to cultural heritages in Ethiopia. Every city develops and expands especially in
terms of infrastructure development that may include construction of roads, buildings for
habitation and for business. For instance, the high growth rate in the recent past for cities like
Addis Ababa has made significant compromisation of significant cultural heritage assets that are
vital in the data bank of the human race, therefore, it has necessitated the enhancement of legal
measures to cater for the documentation, protection and sustainable management of cultural
property in harmony with economic development.
For instance, the physical growth of Addis Ababa city has raised tension on historical sites such
as archaeological sites of Addis Alem church and simplicity of Piassa historic sites. Such areas,
which have many cultural references, are excluded during the processes of planning the city and
developing its infrastructure, and which results in erasing the testimonies of past time and
cultural experiences from the material and non-material context. The studies show that such
losses erode cultural or national identity inherited sites of Ethiopia., secondly, exploring and
comparing theories and stakeholders’ experiences in protecting cultural heritage in cases of
urban development. A literature review on identified threats to cultural heritage protection
revealed that urbanization and infrastructure deve-lopment are current and evolving global
threats, which also continue to pose threats to cultural heritages in Ethiopia. Every city develops
and expands especially in terms of infrastructure
For instance, parts of city corridor run through zones that contain century old religious structures,
business and local houses with historical significance. The following cultural sites that are very
significant to the identity and social history of Addis Ababa are now threatened by demolition or
redesign for the sake of new development. Even though it is essential to develop infrastructure to
match the new trends of modern developing cities, lack of proper conservation measures have
raised question on whether the city loses some of its invaluable heritage in the name of
development (MoCT, 2020).
Their absence can be attributed to the lack of incorporation of sensible measures of conservation
of heritage into the planning of the Addis Ababa City Corridor Development Project much to the
increasing concern of the effected community and conservationists. These stake holders assert
that a city’s history has to be taken into consideration while considering urban development
(Fikre, 2012). Cultural heritage is a valuable aspect, but if not well managed, it can be lost
completely, and thus Ethiopian capacity to preserve its historical and cultural character may be
limited.
2.5.1. The Analysis of Some of the Worst Heritage Demolition or Conservation Losses in Urban
Redevelopment Projects
Some of numerous cases analyzed locally and globally that show the effects of not preserving
cultural heritage in urbanization process are discussed below. One of the most vivid example can
be observed in Ethiopia when, because of the comercial real estate, part of the Harar Jugol,
which is enlisted as the UNESCO World Heritage Site, was demolished. These developments, in
the course of 1980s mainly due to the residential and commercial magnificent around the Harar
Jugol have caused serious demolitions of the Walls and Gates of the old city thus erasing the
historical rise of this old urban civilization. Extensive growth of cities in recent decades
demonstrates a weakness of heritage structures to modern encroachment pressures, particularly
in cases where preservation legislation is inadequate (Wolde, 2016).
In other world, cities such as Cairo and Istanbul have also undergone similar problems. In Cairo
itself, the effects of rapid urban expansion and growth of squatter tents around areas of
archeological importance have compromised structures such as the Pharaonic and the Islamic
quarters of Cairo greatly. In the same way, new construction of highways and bridges at the
vicinity of historical Byzantian and Ottoman monuments in Istanbul has raised controversies and
protestations by advocates of historical structures. These protests point out to the increasing
awareness of the need to protect historical structures in rapidly growing urban centres
(Dagnachew, 2018).
These case studies help to demonstrate the lack of a joined-up approach to city planning. It is
therefore imperative that part of development strategies there should be an importance placed on
conservation of heritage so that modern structures and other historical places can be seen to exist
in parallel. I hope the examples of Harar, Cairo and Istanbul show that when no strategizing and
no protective measures are put in place, the losses are inevitable.
They have been prompted by global threats such as urbanization and heritage management
resulting to international legal instruments to facilitate national actions on the same. The
international instrument of profound influence on national laws governing cultural endowment is
the UNESCO Convention for the Protection of the World Cultural and Natural Heritage (1972).
This Convention calls on countries to preserve the cultural and natural identity through the
enactment of national legislation that complies with the international legislation.
2.6.1. International Instruments that Shape the National Legal Framework in the Field of
Heritage Protection
Ethiopia being a member of UNESCO in implementation of the convention, should ensure that
national laws of the country embody these principles. The Convention thus enshrines duties
relating to cultural and natural heritage protection from deterioration and incorporation of
protective measures into nation’s development plans. Other significant frameworks are those of
UNESCO 2003 convention for the revitalization of communities, cultural sustainment alongside
the intangible cultural heritage and the UNESCO 1970 convention on the ways of eliminating
and avoiding illicit traffic of cultural property, which controls both movable and immovable
cultural properties.
These international protected cultures conventions have contributed to the process of shaping the
domestic laws of the ethiopia including the proclamation no.209/2000 and the national cultural
policy of 1999 in terms of the best practice and general principles in the realm of conservation of
such heritage assets from development onslaught. Measures of Other Nations Which Should be
Taken for Bifurcation of Developmental and Cultural Crises. City developing nations like Italy,
France as well as India has great lessons to learn in the efforts to balance the rate of urbanization
and the conservation of cultural history. Conservation of heritage structures in Italy is well
guided by the Heritage Code (2004) which clearly identifies heritage structures that are to be
protected before any development takes place. Likewise France’s Monument Historical Act 1913
makes provision for the listing and protection of heritage building from demolition or alteration.
In India there is National Mission on Monuments and Antiquities; the main idea of which is to
incorporate the concept of conservation of heritage sites into the conception of the urban
environment. These countries have used techniques like heritage impact statements and no –
build zone inclusive of cultural property to avoid compromising of their assets by urbanization.
Potential future research or policy improvements for Ethiopia can be brought through a more
stringent heritage impact assessment approach that will impose the protection and sustainability
of heritage to the planning process of urban development.
Sustainable development as idea has become the key paradigm that encompasses the possibility
of involving cultural heritage in urban development. An aspect of sustainable development
focuses on economic, social and environmental factors that can support the economic
development of infrastructure which should be tomorrow’s needs as well as preserve culture.
2.7.1. Balancing Infrastructure Development with the Protection of Cultural Heritage Sites
Sustainable development for cities means the respect for cultural heritage as one of the
components in a long-term strategy for the cities development. Consequently, it being possible to
implement the principles in common utilization of procedures for the conservation of cultural
fundamentals during constructing city planning, forming policies, and determining non-impactful
constructions affecting the historic sites.
For instance, it is the method of evaluating the effect of construction processes on historic
buildings, and the creation of development processes that minimize the prominence of heritage in
urban regions. On occasion, the growth of urban areas can help conserve and revive heritage
assets by finding ways to incorporate existing structures into new use and spatial contexts.
2.7.2. How Sustainable Development Principles Can Inform Legal and Policy Frameworks for
Heritage Conservation
The international principles for sustainable development should continue to guide national legal
and policy frameworks for cultural heritage management by recognising the requirememnt for an
integrated approach. This relates to bearing in mind cultural, environmental as well as economic
components in development of other infrastructure in cities. Pre-treatment measures should
involve the need to take up policies that call for the carrying out of heritage impact assessments
as a tool for assessing the likely impact of the said development on cultural heritage sites; and to
propose recommendations that over time address negative impacts. Secondly, the public should
be engaged in the planning process in order to encourage communities to take an interest in the
destiny of their cultural life.
Unlocking sustainable development principles in Ethiopian cities will need a paradigm shift on
the concepts of development and heritage and integrating such principles into legal frameworks
that affect physical development. It is important for Ethopia to embrace cultural aspects, and to
integrate sustainable development in its projects in order to achieve a balanced methodology of
urbanization while preserving culture.
Cultural heritage protection theory was postulated on the objectiveness of cultural heritage,
which has worth that has to be preserved for the future generation. In this theory, the author
stresses legal defence of both material and non-material values as for monuments and sites, for
traditions and practises. Theory on its part posits that cultural artifacts are central to a
community’s identity, social well-being and the nation’s history (Smith, 2006). Heritage
protection then becomes an important part of the cultural policy and regulations that govern this
field. This theoretical exposure enables us to evaluate the success of the Ethiopian cultural
heritage laws and policies besides evaluating how these relate to the challenges of urbanization.
Legal pluralism theory holds that within one society, there are many legal orders, imperatives
and controls directly supervising different areas of people’s activities and functioning at different
tiers – local, state, and global. In the working of this study, legal pluralism assists in explaining
the issues observed on protection of heritage and its enforcement. Ethiopia like other African
countries operates its legal system at three levels namely the written state law, the customary law
and international conventions and treaties though the latter two often clash or are not well
integrated. This theory is significant in comprehending how one or multiple systems operate and
affect the standards of preserving cultural heritage especially in urban development, such as the
Addis Ababa City Corridor Development Project.
Sustainable development theory for economic development and growth focuses on satisfying
present needs more than hindering future generations from doing the same (Sachs, 2015). When
its regarded to the urban development and conservation of heritage this theory is imperative in
finding a balance between infrastructural development and environmental/cultural conservation.
By the employment of this theory, the study will be able to investigate to which extent heritage
legal regimes harmonize with sustainable urbanization principles and whether such development
projects, such as Addis Ababa City Corridor Development Project, comprehensively consider
cultural conservation within development processes.
Using these theories, this study will assess how the existing Ethiopian laws addressing cultural
heritage protection complements both the national development agenda and other global
benchmarks. evaluation will be made on how the Addis Ababa city corridor development project
effects the cultural and historical heritage As mentioned earlier the theoretical framework that
the writer employs to evaluate the project is a balanced mix between the concept of heritage
conservation and the concept of urban development for the corridor.
CHAPTER THREE
3. Research Methodology
Responding to the above research question, this study uses a systematic approach to review the
law governing the protection of cultural and historical heritage in Ethiopia especially in relation
to Addis Ababa City Corridor Development Project. Both qualitative and quantitative approaches
will be adopted to gain a rich appreciation of these legal frameworks and the difficulties in
implementing them as well as their effectiveness for urban development. The sources of data
used in the study are embedded in a series of tools such as document review, interviewing and
surveying of the current state of protection of heritage properties.
When it comes to conducting research, methods are chosen in a way to offer maximal insight of
ways in which norms of the cultural and historical heritage protection are complied with. From
the work of Lee (2019), research methods can be defined as strategies or processes used by
researchers to gather data as well as analyze them. In the context of this study, there are several
planed qualitative techniques for data collection among which are in-depth interviews, focus
group discussions and document analysis. Focusing on the qualitative methods that were used
here, I claimed that these methods provide deeper and more detailed understanding about the
impacts of the heritage protection laws and ADDIS ABABA urban development as seen and felt
by the direct stakeholders.
The scholarly research in the study uses an exploratory research design, which is very relevant in
analyzing and explaining the complex concerns that prevail in the preservation and enhancement
of cultural and historical heritage through management of urban development projects.
According to Creswell (2009), the rationale for doing qualitative research is highly advisable
when exploring multifaceted problems that cannot be measured. The approach in this research
will therefore entail a detailed evaluation of the legal, social and institutional frameworks
regarding heritage protection. Inter-views, focus groups and documents will be used to data
sources and the analysis will be meaning-giving and give perception and experience of the
participants in Addis Ababa City Corridor Development Project.
In particular, the case study of the research is the Addis Ababa City Corridor Development
Project, which will help to investigate the general situation with urban development in Ethiopia.
Creswell (2014) considers that research design describes how a study should be done with a
purpose of increasing the validity of the results. Thus, this case study will review the experiences
of legal instruments on conformity in the protection of heritage in urban regions. It will use
descriptive, exploratory, and correlational designs to initially, provide a snapshot of the current
legal and policy provisions, secondly, investigate the potential or rationale for implementation
gaps, and thirdly, understand the enhance correlation between the legal protection of heritage,
and the stability of Urban development.
This research shall use both primary and secondary data collections. The first-hand data will be
gathered through interview, focus group discussion and observation methodology targeting
central stakeholders like government authorities, planner, heritage workers. Secondary source of
data will consist of legal works, parliamentary papers, policy papers, journals, newspapers and
magazines. These sources will offer the foundation and background knowledge regarding the
legal-institutional frameworks to cultural heritage conservation in Ethiopia.
To analyze the collected data, the study will make use of qualitative data analysis approaches
more so thematic analysis. In thinking about Thematic Analysis, Richie et al. (2003) identified
that it is grouped through methodical processes of structuring data in view of identifying general
patterns, themes, and affiliations. In this study, the synthesis will pay a lot of attention to
determining the usage and perception of legal requirements among different stakeholders. By
applying the thematic analysis, it is also possible to highlight the weaknesses of the present
legislation regarding the safeguarding of cultural heritage, and the observance of the present laws
in connection with the process of urbanization.
To a larger extent, ethical consideration in this research will be given a lot of importance to
enhance the strict examination. Each participant will be assured and requested a clear consent of
the research, anonymity and confidentiality will be ensured during and after the study. The
researcher will briefly describe the purpose of the research to all the participants and the
participant’s rights to decline participation at any given time. In the same regime, any data
collection techniques like audio or video recording will be done with clear permission from the
participants.
3.9. Trustworthiness
In order to increase the credibility of the study the following measures will be taken: In order to
verify the results the method of data triangulation will be used by comparing the findings from
different techniques: interviews, focus group discussions, and documents analysis. The study will
also guarantee dependability through the consistent use of clear and unambiguous research
techniques. Moreover, the researcher will describe the study context, procedures, and results
fully for the findings to be transported easily to comparable environments. The biases that may
arise due to such a structure will be checked through peer reviews done systematically.
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