ABSTRACT
This chapter takes a futures perspective to the legal protection of African Cultural Heritage as countries review and improve their heritage legislations to meet emerging opportunities and challenges. As most of the legal regimes protecting cultural heritage on the continent have been extensively discussed, the researchers focussed on expected impacts of the unfolding developments in technology, and global interests in heritage and development, on protection and preservation of cultural heritage. UNESCO has positioned culture as the fourth pillar of development after social, economic and environmental factors. Innovation and industrialisation are terms that have assumed major use in recent years, while information and communication technologies (ICTs), digital economies and intellectual property have also assumed significance in economic development. Through a detailed study of relevant heritage laws in many African countries ranging from Acts of Parliament, Ordinances, By-laws, statutory instruments to policies, the chapter explores how African countries are dealing with four emerging issues in heritage management which are; utilisation of cultural heritage for economic beneficiation; the role of cultural heritage in innovation and industrialisation; impacts of digital technology on heritage protection and preservation; and lastly, protection of Intellectual Property (IP) arising from utilisation of cultural heritage. The study showed that these matters are rarely dealt with in existing legal protective mechanisms protecting cultural heritage in Africa, yet, these are the major issues in other areas of governance in most countries including Zimbabwe, South Africa, Kenya, Zambia to mention but a few. The chapter goes on to urge cultural heritage professionals and legal minds to brace up for the ramifications of these four issues on the protection of cultural heritage in Africa.
