Introduction
Culture comprises a set of ideas, customs and social behaviour of people reflecting their ethnic heritage, their way of life, values, languages, traditions, arts, and basic knowledge (UNESCO, 2002). Over centuries, culture has undergone evolution, making its preservation crucial to fostering a sense of continuity and belonging. Erosion of culture not only negatively impacts people’s lives but undermines the identity of people through the loss of language, cultural knowledge, humanity, uniqueness, among other aspects.
Preserving culture plays a vital role in fostering social cohesion, respect, and mutual understanding, and in advancing the 2030 agenda on sustainable development. While none of the 17 Sustainable Development Goals (SDGs) exclusively addresses culture, the resulting framework incorporates explicit references to cultural aspects. Notable points include the emphasis on acquiring knowledge and skills for sustainable development, promoting development-oriented policies supporting creativity and innovation, advocating for sustainable tourism with culture and products and reinforcing efforts to protect the world’s cultural and natural heritage.
In the 21st century, several elements of societal progress have contributed to loss of culture. Although globalization, industrialization and immigration have contributed to economic growth of many countries, they have simultaneously been key causes of loss of cultural heritage. Immigration for social and economic opportunities often forced immigrants to assimilate into the new culture of the host country, inevitably supressing their own. Industrialization has led to outward expansion of cities, leading to absorption of smaller cities and villages that are often geographical epicentres of culture. Globalization has led to the showcasing of more cultures and unfortunately there has been a quest to imitate and embrace dominant cultures whether socially or economically. Locally, if traditional knowledge and practices are not adequately incorporated into education, there may be cultural erosion. Dominance of international media can also shape perceptions and preference, hence leading to gradual shift from traditional cultural expressions. Children from intercultural marriages are mostly exposed to adopt aspects of both parents’ cultural background, potentially leading to a dilution of distinct tribal practices. This blog focuses on interventions towards promoting preservation of cultural heritage in Kenya.
Status and Measures of Preserving Cultural Heritage
The Government of Kenya has established various interventions towards culture preservation and promotion. It developed a National Policy on Culture and Heritage (2009), which provides a common framework guiding the principles and activities towards preservation of Kenya’s diverse culture. It has also established institutional frameworks for coordination and promotion of cultural preservation, spearheaded by the Kenya Culture Centre and the National Museum of Kenya which are established under the Kenya Cultural Centre Act Cap 218 (2012) and National Museum of Kenya Act (2006), respectively. Some of the remarkable strategies which the government has put in place to promote cultural preservation are establishment of cultural hubs, including community culture centres, national art gallery cultural centres, art galleries at counties and art and craft markets such as Utamaduni craft, Maasai market ,City market all in Nairobi and Mombasa curio market; and organizing conferences, music festivals and exhibitions for culture such, as cultural festivals.
In addition, the government has enacted other legislations safeguarding and promoting sector-specific cultural heritage, including the Copyright Act (2001), which focuses on protecting the intellectual property rights of creators, including authors, artists, and craftsmen, by providing legal rights and remedies for the reproduction and distribution of their works. The Films and Stage Plays Act (2012) regulates the production, distribution, and exhibition of films and stage plays in Kenya. It sets standards for content, censorship, and licensing within the film and theater industry. The Kenya Heroes Act (2014) honors and recognizes individuals who have made significant contributions to the nation’s development, history, and culture. It provides for the identification, declaration, and celebration of national heroes and heroines. Additionally, the Protection of Traditional Knowledge and Traditional Cultural Expressions Act (2016) aims to protect the traditional knowledge and cultural expressions of indigenous communities in Kenya. Further, the government has institutionalized national values in public offices through performance contracting and set up county cultural data base.
The Constitution has mandated County governments to keep custody and promote cultural activities. Some counties have effected this transfer of functions, for example Migori through Gazette Notice No. 15640 of 2023 and Nyandarua through Gazette Notice No. 15976 of 2023. To deliver on this mandate, County governments have formulated cultural policies, established community cultural centres, museums, and art galleries. The counties have identified cultural conferences and exhibitions as significant activities that educate and preserve culture. While Kenya has made notable strides on promotion and preservation of cultural heritage, there are areas that might not have been fully captured in the policy framework.
Policy Gaps and Emerging Issues on Cultural Heritage Preservation
Protection of intangible cultural heritage and intellectual property
The Constitution of Kenya Article 40(5) stipulates that the government shall support, promote, and protect intellectual property rights of the people of Kenya. The protection is of interest to various international conventions on culture, cultural diversity and protection or promotion of their expressions. The National Policy on Culture and Heritage highlights protection of intellectual property rights of communities, artists, and innovators.
That said, the National Museums and Heritage Act (2006), Revised 2012, appears to have been designed to especially apply to archaeology and paleontology heritage, monuments and architectural works, tangible cultural sites, and natural heritage, and is silent on other forms of cultural heritage such as intangible cultural heritage and cultural intellectual property. Further, the Kenya Industrial Property Act (CAP 509) does not highlight cultural intellectual property rights.
Environmental sustainability
Kenya is susceptible to devastating effects of climate change, including inadequate clean water, rising sea levels, global warming and increase in the frequency of some extreme weather events. With increased intercultural dialogue and learning, communities can mitigate the challenges posed by climate change. The interdependence between environment, biodiversity, land, and culture influences the way communities harness resources and enrich the quality of their lives. It is important, therefore, that policies address culturally relevant land use and protect loss and damage from climate change.
The National Policy on Culture and Heritage (2009) acknowledges the importance of implementation of policies to address sustainability. It emphasizes that culturally, indigenous communities live harmoniously on land that was in most cases communally owned. Land use was dependent on peoples’ way of life. However, owing to changing lifestyles, emerging issues such as population increase, urbanization and technological advancement, land has become scarce for sustainable cultural practices.
In addition, some traditional cultural practices may be unsustainable in modern contexts. For example, traditional agricultural techniques or fishing methods may lead to over-exploitation of natural resources if not managed properly.Cultural practices or beliefs may conflict with conservation efforts aimed at protecting biodiversity or natural habitats. For example, traditional hunting or logging practices may pose threats to endangered species or fragile ecosystems. Efforts to preserve cultural heritage sites or practices may inadvertently contribute to environmental degradation. Tourism, for example, can put pressure on fragile ecosystems and contribute to habitat destruction, pollution, and cultural commodification.
Overlapping roles
Although heritage management through adoption of national and county legislation and policy has expanded, some aspects of cultural preservation such as institutional roles and responsibilities overlap. By the National Museums and Heritage Act, archaeological sites may not be destroyed, excavated, or altered without an exploration/excavation permit issued by the Cabinet Secretary in charge of culture or designate. At present, the Ministry of Education, Science and Technology through the Kenya National Council for Science and Technology first issues a research license, while Section 27 grants discretion to the Cabinet Secretary responsible for the National Museums of Kenya (NMK) to issue exploration/excavation permits on public and private land (Republic of Kenya, 2006a). There is a legislative gap on liability of exploration as it is unclear who between the NMK Board and the Cabinet Secretary is liable on the issue of licenses. Inherently, the Act leaves loopholes for abuse and exposes licensed researchers to the goodwill of the landowners.
Conclusion and Recommendations
Preserving cultural heritage is like a guiding light illuminating our path through time, providing valuable insights into our beliefs, values, and societal structures. It is not just about remembering the past; it is about deepening our understanding of the world we live in and celebrating its diversity. When we lose our cultural identity, we not only lose a part of ourselves but also deny the world a chance to learn from our unique experiences. It is therefore important to address the gaps in cultural preservation.
The government could develop policy and legislative frameworks that protect intellectual property rights, including copyright laws and fair pay for creative work, to ensure that the diverse heritage is preserved for future generations while fostering innovation.
It is important to embrace integrated approach to land management that considers biodiversity conservation, cultural preservation, and community involvement. Recognizing and protecting the land rights of indigenous people and local communities is crucial, as is promoting the conservation of eco-cultural landscapes through sustainable urban development initiatives.
Lastly, there is need to develop and implement a comprehensive cultural policy, legislative and institutional framework covering both tangible and intangible heritage, including providing for adequate funding, community engagement, and integrating cultural heritage into sustainable development planning processes.
Authors: Faith Pepela – KIPPRA Young Professionals
Jepkogei Barsoget- KIPPRA Young Professionals
