Introduction to cultural heritage management


Case of the Mijikenda Kaya: Kenyan Experiences



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Case of the Mijikenda Kaya: Kenyan Experiences

The case of the Mijikenda Kaya Forest presents an ideal illustration of how an informal system of management of cultural property really operates. ‘Kaya’ is a Bantu word meaning ‘home’ and as such, these forests in Kenya were home to the Mijikenda communities because they provided good protection from enemies which have for long persecuted them. As such, an informal system of management of the non-renewable resources that now defined their very existence gradually developed. This system was based on oaths, taboos, myths and curses.

Oaths a solemn promise/pact which involves the invoking of supernatural powers usually administered by traditionalists.

Rules relating to Site Maintenance



  1. Tree-cutting

This was strictly forbidden. No green trees could be cut for firewood for the Kaya. The fine for breaking the rule was a goat offering. Women could collect only dead wood from the forest but never from the central clearing space which was the most sacred area of the entire Kaya. This central clearing contained the graves of ancestors and was also the site for rituals.

  1. Grazing

The grazing of cattle in the Kaya was forbidden. The cattle of the Mijikenda were kept in special corrals separate from the settlement and could only be grazedoutside the kaya.

Rules relating to behavior within the Kaya

Several rules were in place to prevent the desecration of the site. In the case of an infringement of the rule, fines were imposed and cleansing ceremonies conducted. As such, this forest was better preserved because of the spiritual dimension rather than physical dimension of the forest.


  1. Sorcery

Sorcery/witchcraft was not allowed within the Kaya. This had more to do with its destructive and antisocial nature because it was harmful to the social cohesion of the group.

  1. Bloodletting

The shedding of blood within most Kayas was considered as desecration of the Kaya. As such there was need to cleanse the site through rituals of appeasement. As such, some Kayas even banned the free movement of women within the Kaya especially during their menstrual periods.

  1. Handling of the Dead.

No human remains were allowed into the central clearing unless it was of a dead elder. The central clearing was reserved for the burial of the important elders of the community only. There we designated burial places for different society members through the forest and only those who died of natural causes could be buried within the Kaya. Suicide and murder victims were buried outside the Kaya.

  1. Attire

Some Kaya communities placed restrictions on the type of attire/clothing that could be worn on a visit to the central clearing. In the most sacred sites, only traditional garments could be worn. This concept could equally have been a way of identifying non-community members hence potential enemies.

  1. Site access restrictions

In the Kayas of the Kalifi district, non-members of the community are not allowed into the central clearing. To add, the structure of the Kayas also posed restrictions of access. They were organized in such a way that they had four entrance points with a series of gates were sentries stood guard. The central cleaning therefore could only be accessed through these gates thereby ensuring limited to no chances of an enemy surprise attack.

COLONIALISMANDTHE INFORMAL SYSTEM OF HERITAGE MANAGEMENTIN ZIMBABWE (1890-1980).

The philosophy of colonization led to serious erosion of the value of the traditional system of managing cultural sites. This was achieved through;



  1. Legislation pertaining to ownership

The legislations such as the Land Apportionment Act (1931) and then the Land Tenure Act (1959) resulted in the loss of land by Africans as reserves where created for them instead. These acts also saw several sacred sites falling under privately held land such as Nharira Hills near Norton, Tsindi Ruins and Mhakwe Cave. The same situation was also witnessed with Manyanga whereby the descendants of the Rozvi clan were relocated to the Nkayi area which falls over 100 kilometers away. As such, the local communities lost the daily conduct with the sites thereby disassociated them.

  1. Appointment of Chiefs

Since time immemorial, the selection of chiefs has always been considered as a role of the ancestors. The coming of colonialism also brought in,a change in the way chiefs were selected. Instead, the settler government picked/nominated those members of the community whom they could influence thereby undermining the role of tradition in selection of chiefs.

  1. Formalized management of cultural heritage

The instigation of the Historic Monuments Act of 1937 and later the National Museums and Monuments Act of 1972 recognized cultural places only as state property thereby disregarding the intricate relationship between these sites and local communities.

  1. Christianity

This new religion further drove the wedge between communities and their heritage based on its teachings. Christianity advocated for repentance from ‘pagan’ practices of appeasing the ancestors. This resulted in a gradual disassociation between the local communities and their cultural heritage.

  1. The educational system

The formal system of gathering intellectual knowledge introduced as part of the colonial system also played its role in separating Africans from their heritage. With the coming of schools and their curriculum which focus more of the European perspective of the world, has thereby reduced the interactions of minds between the young generations and the older generations. Throughout tradition, grandmothers and grandfathers, uncles, aunts played pivotal roles in reiterating the important principles of their cultures, a platform that ensured the survival of myths and taboos. With the formal educational system, there remain limited chances of that schooling to take place.

  1. Language Policies

The adoption of a foreign language, English in the case of Zimbabwe, into another community also leads it to adoption the new language’s associated components such as self-value. English as language is not bad but what matters is the fact that with it came a change in appreciation of ethnic ways of life. This is also associated to globalization where people interact on a global scale and share cultures and experiences. Schools in Zimbabwe are predominantly English based and only one subject of at least ten is taught in the native tongue. This has seriously implicated the passing on and appreciation of traditional constructs as they cannot be explained and accepted when viewed and presented in a foreign tongue.

THE FORMAL SYSTEM

NATIONAL MUSEUMS AND MONUMENTS OF ZIMBABWE (NMMZ)

This is the legal custodian of all cultural heritages in Zimbabwe, as outlined through its Act,

The NMMZ Act Chapter 25/11. It divides the country into five administrative regions as shown in the picture below;

zimbabwe

Head Office

Is situated along Rotten Row Road, in-between the intersections Rotten Row and Robert Mugabe and Rotten Row and Nelson Mandela. This is the centre for administration of all regions of Zimbabwe.



Northern Region

Its regional museum in Harare and is called Museum of Human Sciences. As the name tries to depict, the museum has collections relating to human sciences. Amongst its permanent exhibition of material culture, in an anti-clockwise direction, we find material culture describing human evolution, rock art of the Matopos, Iron Age of Zimbabwe (centred on Great Zimbabwe), the Shona Village, Bird Collection, Natural Habitat Collection, Butterfly Collection, Evolution of Biological Life on Earth and lastly pre-human evolution period in Southern Africa. It is also responsible for all cultural heritage from its jurisdiction. Of note are sites such as Domboshava monument, National Heroes Acre, Chiremba/Epworth Balancing Rocks, Mutoko Ruins amongst others. Its museum also contains all research material concerning all archaeological carried out in Zimbabwe ie the Archaeological Survey Unit.



Eastern Region.

The region’s museum is in Mutare and is called Mutare Museum of Antiquities. This region is responsible for cultural heritage such as the Utopia House (the residency of the man who surveyed the location of the present day Mutare, Ziwa National Monument (Nyanga), Diana’s Vow amongst other sites.



Southern Region

Its museum is at Great Zimbabwe and its focus is on material culture from the site which depicts the Iron Age of Zimbabwe. This is the home for the Famous Zimbabwe Soapstone birds commonly known as the Zimbabwe birds. This region also sees to the documentation and restoration of dry stone walled sites dotted across the country.



Central Region

This is the fourth region of NMMZ and its head office and museum is in Gweru. It is called Military History Museum. This museum also has another wing, called the Aviation History museum. It is located in the Trim Park. Gweru and the central region were chosen to house this museum mostly because of the history of this part of the country in terms of military history. The nearby school; Guinea Fowl High school was the first school for pilots and later converted into a high school. As such, the museum has a Guinea Fowl Memorial which helps celebrate that history. The central region has a number of sites such as Dana’ombe (the third largest Zimbabwe type-site on the plateau. It was the second capital for the Rozvi after they abandoned Khami which had been burnt), Naletale, Regina, Imbali Iron Smelting sites, Insukhamini Ruins amongst others.



Western Region

This region is primarily responsible for the management of heritage in the Matebeland north and south. Its main museum is located in Bulawayo and is called Natural History Museum. It has diversified category of collections which includes, natural sciences as well as material culture attesting to the coming of the European settlers when they colonized the country. Under this region are sites such as Matopos Cultural landscape, Victoria Falls Cultural Landscape, Khami World Heritage Site, Nswatugi, Bambata, Pomongwe, and Silozwane amongst others.



HERITAGE AND THE LAW:

KEY ORGANISATIONS FOR HERITAGE MANAGEMENT



  1. UNESCO (UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANISATION)

  2. ICOMOS (INTERNATIONAL COUNCIL ON MONUMENTS AND SITES)

  3. AFRICOM (AFRICAN CHAPTER OF ICOM)

  4. ICRROM ( INTERNATIONAL COUNCIL FOR

  5. ICOM (INTERANTIONAL COUNCIL OF MUSEUMS)

  6. CIDOC (INTERNATIONAL COUNCIL FOR DOCUMENTATION)

CHARTERS AND CONVENTIONS DEALING WITH HERITAGE MANAGEMENT

The distinctive feature of all law-making treaties is that they are intended to have an international rather than a local applicability. As such, a sine qua non for the success of any convention that addresses issues to do with cultural heritage has to start from a point of acceptance that in African societies, there is a thin line between nature and derivatives such as culture. That is to say, in Africa, culture is enshrined in both the physical and supernatural aspects associated with the physical materials. This is evident in the traditional religious systems.

Charters are codes of ethics stipulating the standards of a profession of ‘the best practices’. They consist of moral codes hence consist of do’s and don’ts.


  1. Venice Charter or (International Charter for Conservation and Restoration of Monuments and Sites led to the creation of ICOMOS. Established in 1964, it superseded the Athens Charter which had been put in place in 1931 as the first attempt to promote professional ethics in conservation (restoration) of heritage. It was a congress of Architects and Specialists of Historic Buildings. It came after the creation of the League of Nations.

  2. Burra and the Chinese Charters are homegrown charters that address peculiarities of their countries. The Burra charter has contributed towards conservation ethics and discipline. It recommended comprehensive project plans prior to any project and is used by the Australian government when awarding grants for work on historic buildings.

RELATIONS BETWEEN FORMAL AND INFORMAL SYSTEMS

In relation to the situations/characteristics outlined above, it can be realized that the two systems are different. As such, this has resulted in a number of conflicts which can only be resolved through co-management. One way is through drafting of management plans.



Management Plans for Cultural Heritage;

A management plan can be thought of as public contract between the management organization and the stakeholders of cultural property. It is also a tool for improving communication and monitoring and evaluating management activities. In the best cases, a management plan helps reduce and even overcome conflict by enabling local people to understand and become involved in the management of cultural property.



Beneficiaries of Management Plans

Since management plans provide the focus for creation and strengthening of partnerships needed to safeguard values and integrity of cultural property, they are therefore of interest not only to the legal custodian of the heritage but also;



  1. National Government departments and Politicians with influence or interest in heritage conservation (these are the ones who allocate resources and staff for heritage management)

  2. Local government administration

  3. Non-governmental organizations

  4. Those who live in and use the heritage property (local community and interest groups)

  5. Those who are responsible for monitoring and reporting on environmental changes at cultural heritage properties (including specialist or technical interest groups)

  6. The private sector including business and commercial interests

How do we benefit from Management Plans

  1. It focuses management thinking and effort on delivering the requirements of the Local heritage legislation or even the World Heritage Convention.

  2. Provides us with a clear and concise statement of how and why the values and integrity of a heritage property will be safeguarded, managed or improved.

  3. Sets a framework for all activities within the property for a stipulated period and within a context of a vision for the next 20 years.

  4. Explains the ambition and objectives for the property through the eyes of those responsible for maintaining its local, national or global importance and status.

  5. Provides consistency and continuity for the managing organization, direction and focus for management effort, the use of resources and staff.

  6. Encourage cooperative decision making and enables everybody to understand the reasons for the work they are doing.

  7. Provides the means, through the process of its preparation, a means of engaging with stakeholders and securing their support and involvement where appropriate in the management and use of this property.

  8. Enable us to focus attention on the information needed to judge the management process as well as its evaluation through monitoring.

  9. It increases accountability and establishes a means of assessing management effectiveness.

Other important issues a management plan should address;

  1. Financial and Business planning

  2. Planning for visitors

  3. Disaster Risk Reduction Planning.

Engaging Stakeholders (Who and When?)

Stakeholder participation throughout the preparation of any management plan is recognized as fundamental if effective management and long term support for the protection and conservation of cultural heritage is to be achieved. Understanding why and deciding when to engage with partners and stakeholders is critical and how this is achieved depends on local circumstances and arrangements. The stages of the plan will have to tolerate that;



  1. It should make identification of key stakeholders carefully in relation to the key dynamics of the heritage. NB cultural property is different and its composed of different values, etc( that is the dynamics)

  2. It should explain in a clear way, the limits within which issues can be discussed and negotiated.

  3. Recognizing that other issues besides natural conservation will be discussed.

  4. Engaging people’s fears and hopes. (Locals may not want any outsiders to play a role in decision making so this issue has to be decided upon).

  5. Retain flexibility.

STAGES OF A MANAGEMENT PLAN

  1. STAGE 1: GETTING STARTED AND PLANNIG FOR THE WORK

Fail to prepare; then prepare to fail. A management plan is just as important as its components. This would involve deciding on how it will be done, who will be responsible (team), who will lead the team which should be multidisciplinary in nature who should

  1. Have a detailed local knowledge of the property and its natural and cultural values.

  2. A scientific understanding of the ecosystem in the area

  3. Understanding of the social and economic issues which affect the property, its landscape, and benefits to the local community.

  4. Abilities in business planning ie costing, budgeting etc.

  5. Skills is communications

  6. Good in advocacy and negotiation

  7. Political sensitivities and ability to build rapport and credibility with others

  8. Project management skills

  9. Vision and realism

  10. Good facilitators

  1. STAGE 2: Understanding the heritage’s characteristics and natural values

  2. STAGE 3: Deciding on who should be involved and when

  3. STAGE 4: Agreeing on a vision and setting management objectives

  4. STAGE 5: Examining management options

  5. STAGE 6: Agreeing on management policies

  6. STAGE 7; Agreeing on management actions

  7. STAGE 8: Consulting on and approving the plan

  8. STAGE 9: Monitoring the plan.

  9. STAGE 10: Reviewing the plan

As such, when drafting a management plan, the ‘SMART’ concept should be followed. This is an acronym for

S: Specific

M: Measurable

A: Attainable or Achievable

R: Relevant

T: Trackable or Time-bound



Legislations of African countries

Zimbabwe: National Museums and Monuments Act Chapter 25/11 of 1997.

South Africa: National Heritage Resources Act (NHRA) of 1999.

Botswana: Monuments and Relics Act of 2001.

Zambia; National Heritage Conservation Commission Act No 23 of 1989.

Nigeria: National Commission for Museums and Monuments Decree No. 77 of 1979.

Kenya: National Museums and Heritage Act of 2006.

Gambia: The Monuments and Relics Act of 1974

Malawi; Monuments Act of 1965

Uganda; Historical Monuments Act of 1967

Lesotho: The Historical Monuments, Relics, Fauna and Flora Act of 1967

Sudan: Antiquities Ordinanceof 1952 (one of the earliest in Africa)

Namibia: National Heritage Act of 2004.

The legal framework includes policies, Acts of parliament, ordinances, by-laws, court decisions, Ministerial circulars, guidelines as well as principles of common law. Most heritage legislations in Africa were enacted during the colonial period. The definitions of heritage and its categories were influenced by the colonial experience. The European colonial community imposed typologies of heritage to be protected and definitions adopted were borrowed from mother countries. Material aspects were paramount in defining heritage and rarely were intangible values incorporated into the definition of what heritage is. Colonial heritage excluded indigenous perceptions on heritage e.g. anything associated with African religion was regarded as paganism. The definition columns of the pieces of legislation do not have room for values e.g. monument means any ancient monument, any area of land which has distinct or beautiful scenery or a distinctive geological formation. The colonial definition reflects the perception that for heritage to be of value it had to be old or ancient. Even after independence in Africa the definitions used in heritage law remained unchanged whereas concepts of heritage have changed around the world. Heritage is categorized mainly under ancient monuments, relics and antiquities. The way these categories are defined makes it difficult to include cultural landscapes and intangible heritage within the legal framework. Acceptance of indigenous cultures is a crucial aspect in defining heritage of a country and including this as part of the law.



Role of Legislation

Heritage legislation



  1. Should define heritage and the values that ought to be preserved. The definitions should avoid favoring particular categories at the expense of others and should be based on wider consultation with the public and not to be left for specialists alone e.g. recent legislation for South Africa, Namibia and Kenya have tried to incorporate definitions which incorporate perceptions of the general public.

  2. Should be able to help bring about a sense of order and equity among various stakeholders. The current practice is to have a Board of Trustees appointed by a minister according to the relevant Act with less or no interest in issues of heritage. Such Boards are supposed to include representatives from local communities.

  3. Legislation should put people at the centre not at the periphery, people are viewed as a threat to heritage and a number of rules are prescribed to distance them from monuments and sites. As a result most rituals and ceremonies are not allowed, strict controls are set up to regulate activities and use of sites. Only tourists and educational groups have free access. Legislation thus becomes oppressive not protective.

  4. May include possible penalties for offenders

  5. Should state clearly what to manage and ways of managing it

Legal pluralism

According to Mumma, A (1999), people’s perceptions are seldom governed by a monolithic one dimensional normative framework. Legal pluralism therefore describes a situation characterised by a coexistence of different normative systems. There is a multiplicity of legal systems in the protection of cultural property, all of which have a claim to legal validity, eg, the coexistence of state law, customary law, religious law, etc. this legal environment has always proven to be antagonistic as following one system might mean contravening the other. Cultural property however must have adequate legal, contractual and/or traditional protection and management mechanisms that ensure survival. it is therefore essential that African countries find a lasting formula that harmonizes traditional management systems and state based management systems.

In most African states, the relationship between state law and customary law has typically been one of antagonism and conflict, with state law designed to abolish customary law. Cultural property laws must reverse this trend and seek to create synergies and a complementary relationship between state law and customary law. It has therefore been argued that the theory of legal pluralism offers a framework within which two or more sources of authority and power can function in a symbiotic and complementary fashion.


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