Many countries across the African continent are experiencing one form or another of war.

Among those worst affected are South Sudan, Ethiopia, the Democratic Republic of the Congo, Somalia, the Central African Republic, and Burkina Faso, among others.

These armed conflicts result from a combination of factors, including mismanagement, corruption, poverty, rights abuses and intolerance.

The armed conflict has claimed the lives of millions of Africans for decades and negatively affected national development, as well as caused heavy losses to cultural heritage.

In an article for the Conversation, the academic at Nigeria's University of Ibadan, Afulsada Adeumi, looked at laws on heritage and cultural icons, and analyzed the policies and legislation in place that would protect heritage during conflict.

The author believes that without reawakening the cultural conscience among Africans and the political will of governments, the continent's heritage will continue to suffer neglect and destruction.

Partnerships between African countries, heritage stakeholders and regional and international organizations are equally essential in laying a solid foundation for heritage protection.

widespread destruction

There are many accounts of the destruction of African heritage in conflict situations.

For example, the war between Eritrea and Ethiopia that began in 1998 and ended with a peace agreement in 2000 led the Ethiopian army to bring down the Stella Matara, a 2,500-year-old sculpture of cultural significance.

In Mali in 2012, "radical Islamic" rebel groups seized Timbuktu and destroyed mosques, shrines and Sufi cemeteries that had been built since the 15th century.

In Côte d'Ivoire, sacred circular masks were stolen and some were burned during a conflict that began in 2002. The Klin Kpli, an acoustic drum instrument revered by the Powell people, was stolen from the royal court in Sakasso.

In Senegal between 1990 and 2011, churches, mosques and sacred forests were destroyed as civilians used them for refuge and fighters sought to hide from government forces.

In the Nigerian Civil War between 1967 and 1970, the Oron Museum in the east of the country was occupied by armed forces.

Important artifacts kept there were moved to the southern town of Omoaha for safekeeping.

When the war reached Umoahia, things were moved to Orlo, about 70 km away.

Unfortunately, the lack of knowledge of the value of these handicrafts has led to their use as firewood by Orlo residents.

In Sierra Leone, the 1991-2002 civil war severely damaged a museum in the country's capital, Freetown.

Some of the artifacts had bullet holes, while the rain destroyed others due to damage to the roof, windows and doors of the museum.

Ethiopia recently brought to the fore a clear example and model of how the armed conflict destroys monuments and historical heritage elements. The northern region of the country, Tigray - rich in religious heritage and representing a tourist attraction - has been torn apart by war since November 2020.

Ancient manuscripts and priceless artifacts in the area were destroyed and looted by Ethiopian and Eritrean forces.

International agreements

International law provides for the protection of cultural heritage during war.

However, for these legal mechanisms to come into effect, governments have to implement them in times of peace.

One of these laws is the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, and has Protocols I and II.

The second protocol is the most effective in protecting heritage during conflict;

States parties to the Protocol can exercise universal jurisdiction to extradite or prosecute any of those who have caused damage to heritage in their territories.

The Hague Convention came as a response to the destruction caused by World War II to human heritage sites, and the war destroyed many cultural treasures at the hands of the Allied and Axis forces.

The agreement expressed the international community's desire to spare the world cultural heritage the scourge of war, and to recognize that the loss of this heritage represents a loss to the target country as well as to humanity.

Another important law is the 1970 UNESCO Convention on Mechanisms Used to Prohibit and Prevent Illicit Import and Export and Transfer of Ownership of Cultural Property.

There is also the 1995 Unidroit Convention on Stolen or Illegally Exported Cultural Objects.

The UNESCO 1970 and 1995 Unidroit Conventions, if properly implemented by countries, can help prevent looting and illicit trafficking of cultural property.

To implement these conventions, states parties are required, among other things, to have up-to-date heritage legislation and inventories of their artifacts.

However, no African country has any laws specifically aimed at localizing these international agreements.

This makes the implementation of its provisions largely impossible.

Ethiopia and treaties

Ethiopia became a state party to the 1954 Hague Convention on August 31, 2015. However, it has not acceded to the 1999 Second Protocol to the Convention.

This means that the state cannot benefit from these provisions.

Ethiopia can rely on these provisions, through diplomatic offices, to ensure the return of items looted during the war.

However, there are reports that Ethiopian forces are behind the destruction and looting of various elements of Tigray's historical and cultural heritage.

This illustrates the existence of gaps in the government's political will to protect the country's heritage.

The author believes that misinformation and a superficial understanding of the importance of heritage elements are the root cause of the violence that has been documented against heritage elements in many parts of Africa and beyond.

To counter this, heritage protection requires both political will, civic education on the value of heritage, partnership between African countries, heritage stakeholders and regional and international organizations, and the strengthening of national legislation and its alignment with international best practices.