Zambia- International treaties – WHC
RATIFIED INTERNATIONAL INSTRUMENTS
Zambia
World Heritage Convention (WHC)
Art. 1 & 2
The legal framework provides for a definition of cultural heritage and natural heritage.
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The National Heritage Conservation Commission [Cap 173] 19891229
Section 2. Heritage includes: (a) any ancient heritage; (b) any cultural heritage; c) any natural heritage; (d) any national monument; e) any relic. 'Cultural Heritage' means: (a) any area of land which is archeological, traditional or historical interest or contains objects of such interests; (b) any old building or group of building of historical or architectural interest; (c) any relic, natinal monumnet or ancient heritage; (d) any other object constructed by man other than a relic, of aesthetic, archeological, historical or scientific value or interest; 'Natural Heritage' means: (a) any area of land which distintive beautiful scenery or has a distinctive geological formation; and includes any paleontological area; (b) any area of land containing rare distictive or beautiful flora or fauna; (c ) any water fall, curve, grotto, old tree or avenue of trees; (d) any other natural object with aesthetic or scientific value or interest; (e ) any natural relic and national monument. |
Art. 4
The legal framework provides for the identification, protection and conservation of the cultural and natural heritage, ensuring their preservation and transmission to future generations.
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The National Heritage Conservation Commission [Cap 173] 19891229
Section 8. The functions of the Commission shall be to conserve the historical, natural and cultural heritage of Zambia by prevention, restoration, rehabilitation, reconstruction, adaptive use, good management or other means. Subsection 2: Without prejudice to subsection 1, the commission shall (a) coordinate all activities connected with any heritage; (b) carry out duties and surveys in order to identify areas which may be declared as protected areas, (c) prepare regional or national plans for conservation of heritage, (d) keep a register or site index of all national monuments, ancient heritage, which has acquired or which has been brought to its notice; (e) investigate and report any matter related to any heritage, (f) preserve, repair and restore any heritage. Section 33 (a) and (b): Subject to section 41, no person shall, without written consent of the Commission, alter, remove, destroy, damage, excavate or export as the case may be, from Zambia, any ancient heritage or relic or part of it thereof, or disfigure, destroy, remove, alter or damage any national monumnet, memorial tablet, plaque, seal or sign erected of affixed by the Commission. Section 34 (1): Any person who desires to export from Zambia any ancient heritage or relic or any part thereof, shall apply to the Commission for an export permit. Section 35. Any person who intends to destroy, demolish, alter or remove from its original site any national monument, relic or ancient heritage, shall apply to the Commission for permission - the applicant shall (a) state the nature and extent of the intended alteration, removal, destruction or demolition and the locality of the area; (b) supply diagrams or sketch plans or any other relevant information, and c) define the type of object, its age, where possible, size and what material it is made of. |
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The Environmnetal Management Act [No.12] 20110412
Section 24(4). In determining whether or not to declare an area as an Environmentally Protected Area, the Minister shall have regard to— (a) the natural features and beauty of the area; (b) the flora and fauna of the area; (c) the unique or special geographical, physiographical, ecological or historic and cultural features of the area; (d) any special scientific feature, cultural feature or biological diversity of, or existing in, the area; (e) the interests of the local communities in, or around, the area; and (f) the need for the Government to comply with any international obligation under any agreement to which Zambia is a party. Section 76(1). Subject to section three— (h) any matter or activity relating to agriculture or the protection and conservation of natural and cultural heritage shall take into account necessary requirements for the protection of the environment as provided for under this Act |
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The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act [No. 16] 20160606
Section 46. The following protections shall apply to expressions of folklore, irrespective of the mode or form of expression: (a) the output of creative and cumulative intellectual activity such as collective creativity or individual creativity where the identity of the individual is unknown; and (b) characteristics of a traditional community’s cultural identity and traditional heritage which has been developed, maintained or used by the community in accordance with customary laws and practices |
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The Urban and Regioanl Planning Act [No.3] 20150814
Preamble. An Act to provide for development, planning and administration principles, standards and requirements for urban and regional planning processes and systems [...]. Section 18. A regional development plan may deal with the following— (a) the use and development of land that is within a prescribed distance from international borders; (b) the use and development of land within National Parks, heritage sites and areas of cultural significance; Section 19(4). An integrated development plan shall (e) indicate priority areas for— … (vi) protection of ecologically sensitive areas, heritage and cultural sites; Section 45(2). A planning authority may amend or update an integrated development plan following the five yearly review, or more frequently, but not more than annually, where it considers it necessary to amend or update the plan for purposes of… (c) Protecting areas of ecological significance or cultural heritage as provided under the National Heritage Conservation Commission Act; |
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Tourism and Hospitality Act [No.13] 20150814
Preamble. An Act to provide for the sustainable development of the tourism industry through effective tourism planning, management, promotion and coordination [...]. Section 3(1). The Minister shall be responsible for the development of sustainable tourism that is economically, culturally, socially and environmentally sustainable and which maximizes socio-economic benefits, job creation and local investment opportunities for Zambians and their national heritage. |
Art. 5 (a)
The legal framework provides for the adoption of a general policy aiming to give the cultural and natural heritage a function in the life of the community and to integrate the protection of that heritage into comprehensive planning programs;
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The National Heritage Conservation Commission [Cap 173] 19891229
Section 8. The functions of the Commission shall be to conserve the historical, natural and cultural heritage of Zambia by prevention, restoration, rehabilitation, reconstruction, adaptive use, good management or other means. Subsection 2: Without prejudice to subsection 1, the commission shall (a) coordinate all activities connected with any heritage; (b) carry out duties and surveys in order to identify areas which may be declared as protected areas, (c) prepare regional or national plans for conservation of heritage, (d) keep a register or site index of all national monuments, ancient heritage, which has acquired or which has been brought to its notice; (e) investigate and report any matter related to any heritage, (f) preserve, repair and restore any heritage. Section 41: Nothing in sections thirty-three to thirty seven, inclusive, shall be construed as prohibiting any person in the normal course of mining, engineering or agricultural operations from doing any act which woudl otherwise be an offense under those sections if that person- (a) was the owner of land held or acquired under customary law; or (b) was the holder of a valid mining license or certificate of title; |
Art. 5 (b)
The legal framework provides for setting up of one or more services for the protection and conservation the cultural and natural heritage with an appropriate staff and possessing the means to discharge their functions;
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The National Heritage Conservation Commission [Cap 173] 19891229
Section 5: (1). The Commission shall consist of the following members; (a) Chairman; (b) Permanent Secretary of the Ministry responsible for heritage who shall be an ex-officio; and (c) not less than seven but not more than ten members who shall be persons wit experience in matters related to the functions of the Commission.(2) The Chairman and other members, other than the ex-officio member, shall be appointed by the Minister. Section 8. The functions of the Commission shall be to conserve the historical, natural and cultural heritage of Zambia by prevention, restoration, rehabilitation, reconstruction, adaptive use, good management or other means. Subsection 2: Without prejudice to subsection 1, the commission shall (a) coordinate all activities connected with any heritage; (b) carry out duties and surveys in order to identify areas which may be declared as protected areas, (c) prepare regional or national plans for conservation of heritage, (d) keep a register or site index of all national monuments, ancient heritage, which has acquired or which has been brought to its notice; (e) investigate and report any matter related to any heritage, (f) preserve, repair and restore any heritage. Section 10: The Minister may give to the Commission such general or specific directions with respect to the discharge of its functions as he may consider and the Commission shall give effect to such direction. Section 15: The Commission, with the approval of the Minister, shall appoint a Director who shall be the Chief Executive Officer of the Commission and shall be responsible for the administration of this Act subject to the control of the Commission. Section 19(1); The Commission may designate any person to be an honorary Commissioner on such terms and conditions as the Commission may determine and may revoke such a designation at any time. |
Art. 5 (c)
The legal framework provides for development of studies, research and methods counteract the dangers that threaten cultural or natural heritage;
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The National Heritage Conservation Commission [Cap 173] 19891229
Section 8. The functions of the Commission shall be to conserve the historical, natural and cultural heritage of Zambia by prevention, restoration, rehabilitation, reconstruction, adaptive use, good management or other means. Subsection 2: Without prejudice to subsection 1, the commission shall (a) coordinate all activities connected with any heritage; (b) carry out duties and surveys in order to identify areas which may be declared as protected areas, (c) prepare regional or national plans for conservation of heritage, (d) keep a register or site index of all national monuments, ancient heritage, which has acquired or which has been brought to its notice; (e) investigate and report any matter related to any heritage, (f) preserve, repair and restore any heritage. (2) Without prejudice to the generality of subsection(1), the Commission shall- [...] (b) carry out studies and surveys in order to identify areas which may be declared protected areas. |
Art. 5 (d)
The legal framework provides for adoption of legal, scientific, technical, administrative and financial measures necessary for the identification, protection, conservation and rehabilitation of cultural or natural heritage.
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The National Heritage Conservation Commission [Cap 173] 19891229
Section 10: The Minister may give to the Commission such general or specific directions with respect to the discharge of its functions as he may consider and the Commission shall give effect to such direction. Section 15: The Commission, with the approval of the Minister, shall appoint a Director who shall be the Chief Executive Officer of the Commission and shall be responsible for the administration of this Act subject to the control of the Commission. Section 18; There shall be a Secretary to the Commission who may be the Director Section 21(1); The funds of the Commssion shall consist of such moneys as may- (a) be appropriated by Parliament for the purposes of the Commssion; (b) be paid to the Commission by way of grants or donations; and (c) vest in or accrue to the Commission. Section 22: The financial year of the Commission shall be the period of twelve months ending 31st December each year. Section 23: The Commission shall cause to be kept proper books of accounts and other records relating to its accounts. |
Art. 27
The legal framework provides for measures to:
- strengthen the respect and attachment of peoples to the cultural and natural heritage, in particular through educational and information programs;
- broadly informing the public of the dangers threatening this heritage and of the activities carried on in pursuance of this Convention.
- strengthen the respect and attachment of peoples to the cultural and natural heritage, in particular through educational and information programs;
- broadly informing the public of the dangers threatening this heritage and of the activities carried on in pursuance of this Convention.
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The National Heritage Conservation Commission [Cap 173] 19891229
Section 8(3): In performance of its functions under this Act, the Commission may; (a) afix to any monument a plaque, (b) erect signs, notices and memorial tablets giving information in the official language, of events of interest relating to any heritage; c) purchase or otherwise acquire any heritage, (d) make list of all heritage whose declaration as a national monument is considered desirable, (g) give notice to any owner of a heritage requiring him to take resonable steps to maintain it, (h) lend or give, subject to the provisions of this Act, any relic to any museum or other public institution, (m) take such steps as may be necessary to provide or ensure the provision of access roads, shelter, site museums, information centers and camp sites within any area or place which is an ancient heritage or has been proclaimed to be national monument. Section 27 (1): Upon the recommendation of the Commission, and if the Minister considers it to be in the national interest that any heritage be conserved, protected or mainitained, he may, by Statutory notice subject to subsection 2 declare or provisionally declare the heritage or relic to be national monument. (2): The Minister shall not take any declaration under subsection one in respect of any heritage or relic belonging to a person other than the Commission without the consent of that person unless the Minister is satisfied that; (a) the Commission atleast one month before making recommendation had served upon the owner of, and any person in possesion of the heritage or relic by post or deliverying personally a notice in writting advising him of the proposed recommendations and his rights to lodge objection with the Commission within one month of the date of service with the notice; (a) the Commission has submitted to him all objections lodged with it by the owner and the person in possession of that heritage or relic. |