The African Union Model Law

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The African Union Model Law on the Protection of Cultural Property and Heritage

The AU Model Law on the Protection of Cultural Property and Heritage is a continental instrument which aims to assist Member States in developing national legislation or revising and strengthening their current national legislations on the protection of cultural property and heritage.

The process of developing the AU Model Law on the Protection of Cultural Property and Heritage was undertaken from 2015 to 2018. The Model Law was drafted by the African Union in collaboration with a Working Group on the Development of the African Union Model Law on the Protection of Cultural Property and Heritage which was composed of cultural and legal experts, historians, anthropologists and Members of Parliament (MPs). During the process, a compilation of cross referencing of national laws on the protection of heritage was produced. In addition capacity building exercises were undertaken to enhance the capabilities of the members of the Working Group. The drafting process was guided by the Office of the Legal Counsel of the African Union. The African Union Commission (AUC) with the finalised the drafting process of the Model Law in February 2018.

Why the Development of the Model Law?

Gaps in the protection of African cultural property and heritage

The AU Model Law on the Protection of Cultural Property and Heritage was a key recommendation from report resulting from a study on “the Establishment of the On-going Activities between the European Union and Africa with regard to Cultural Goods” undertaken by the African Union in 2013 to support the definition of a continent-wide action plan to protect African cultural property and heritage.

The study highlighted the following:

Lack of robust laws to protect African cultural property and heritage in AU Member States with many of them not adequately resourced to create robust laws to handle the dynamic illicit trade in cultural goods.
Weak frameworks, particularly the non-ratification and domestication of the various conventions regarding cultural property and heritage.
Poor communication and awareness of activities for the protection of cultural property and heritage leading to lack of cooperation and coordination.
Lack of sustainable structures for the protection of cultural property and heritage in most Member States resulting in uncoordinated actions in the sector.
Slow pace of ratification by AU Member States of the UNESCO 1970 and UNIDROIT 1995 Conventions for the Protection of Cultural Goods and Illicit Trafficking.
Lack of legal follow-up on cases of illicit procurement of cultural goods (report noted that the 1995 UNIDROIT Convention spells procedurally options).
Strengthening and upgrading of Legislation: Benchmarking Model Legislation provisions by UNESCO and UNIDROIT.
Governance and Legislation: AU Member States fast tracking processes of ratification, domestication and implementation of the 1970 Convention on Illicit Trafficking in conjunction with the UNIDROIT 1995 Convention.

Key Aspects of the AU Model Law on the protection of African cultural property and heritage

Underpinned by Africa’s Agenda 2063 as its main framework
Vests ownership of cultural property in the State or authorised persons only
Provides for establishment of a competent National Authority for the protection of Cultural Property and Heritage
Provides for community participation in preservation and protection of Cultural Property and Heritage
Identifies avenues for funding processes of protection of Cultural Property and Heritage
Provisions protecting undiscovered cultural property including underwater heritage
Regulates handling of Cultural Property and Heritage in possession of private individuals and institutions
National Register to capture all Cultural Property and Heritage in public or private hands;
Establishing national databases
Promotes integration of heritage education into the national curriculum
Documentation and translation of materials on Cultural Property and Heritage into African languages
Licensing and regulation of imports and export of Cultural Property and Heritage

Structure and proposed articles of the AU Model Law on the protection of African cultural property and heritage

Preamble	Article 8: Secretariat of the National Body	Article 16: Invited Persons	Article 24: Education, Research and Training	Article 32: Control of Import and Export	Article 40: Dispute Resolution Mechanism
Article 1: Title	Article 9: Scientific and Technical Committee	Article 17: Prohibition of Publication and Disclosure of Information	Article 25: Licensing for Excavations	Article 33: Acquisition and De-accessioning	Article 41: Offences
Article 2: Definitions	Article 10: Other Committees of the National Body	Article 18: Ownership	Article 26: Expropriation and Compensation	Article 34: Heritage Inspectors and Wardens	Article 42: Civil Wrongs
Article 3: Objectives	Article 11: National Forum	Article 19: Possession	Article 27: Restitution	Article 35: Rescue Measures	Article 43: Intellectual Property Rights
Article 4: Scope	Article 12: Community Forum	Article 20: Registration	Article 28: Easement Rights	Article 36: Lending	Final Provision
Article 5: Protection	Article 13: Finances and Records	Article 21: Underwater Cultural Property and Heritage	Article 29: Security	Article 37: Inter-Agency Cooperation and Information Sharing	Article 44: Entry into Force
Article 6: National Body	Article 14: Disclosure of Interest	Article 22: Management of National Database	Article 30: Heritage Impact Assessment	Article 38: International Cooperation
Article 7: Governing Board	Article 15: Protection of Members	Article 23: Audit of Collections	Article 31: Production and Trade in Replicas	Article 39: War and Armed Conflict

Validation process, adoption and advocacy of the AU Model Law on the protection of African cultural property and heritage

Upon completion of the development of the draft African Union Model Law on the Protection of Cultural Property and Heritage, the policy instrument was presented to a workshop of culture and heritage experts for validation and to the Pan-African Parliament Standing Committee on Education and Culture issues as well to the Pan-African Parliament Plenary Session for information and inputs.

The African Union sector Ministers responsible for Arts, Culture and Heritage adopted the Draft African Union Model Law on the Protection of Cultural Property and Heritage during the 3rd Ordinary Session of the Specialized Technical Committee on Youth, Culture and Sport (STC-YCS3) held in Algiers, Algeria in October 2018. Advocacy sessions of the African Union Model Law were carried out in various fora including to ECOWAS Member States in May 2019 and the celebration of the 25th Anniversary of the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects held in Rome, Italy and online in October 2020.

Outcomes and key recommendations from advocacy sessions

Member States pledged to make good use of the AU Model Law to fashion out their national laws on the protection of cultural heritage
Member States to set up national structures for the domestication of the AU Model Law on the Protection of Cultural Property and heritage
Member States should use aspects related to public sector management to be replicated in national laws on the protection of Cultural Property and Heritage
Establish national committees to work on the issue of strengthening national legislation as well as combatting illicit trafficking in cultural goods
Member States to draw inspiration from key themes in the model law including the definitions, management and protection of cultural property and heritage and education
Including cultural property and heritage aspects in the school curriculum
Involvement of the youth in the protection, conservation of cultural property and heritage is essential
Strengthening cooperation and control in the borders
Strengthening cooperation with Pan-African Cultural Institutions and international institutions namely UNESCO and UNIDROIT
Translation of the key documents including the Model Law in Vehicular Cross Border Languages (VCBL)
Sharing of best practices within the continent and internationally
The need to develop an inventory of cultural property and heritage. Training administrators to master the tool of inventory
Domestication of the AU Model Law on the Protection of Cultural Property and Heritage should have community involvement
The need to establish synergies between the AU Model Law on the Protection of Cultural Property and Heritage with the ECOWAS Heads of State Decision on the return of illicitly trafficked cultural goods