La protection du patrimoine culturel au Congo

Abstract : Congolese cultural heritage law is recent due to the young age of legal tools. In fact, this law that is inspired by French law because of cultural assimilation from French colonization. Instituted in a particular historical context, current conception of cultural heritage in Congo has been an emanation of colonial administrators and missionaries. This conception is essentially based in French cultural values. As a metropolis, France instituted the application of its laws in the colonies. An application not followed of actions because of the lack of heritage in the western understanding in Congo. When Congo got its independency in 1960, new Congolese elite graduated in French schools opted for a legal and institutional imitation to rule the State but also to protect cultural heritage. Consequently, first laws that illustrate this imitation are the Law 32/65 of August 12th 1968 providing the state with the possibility to create organs to develop culture and arts and the Decree 68-45 of February 19th 1968 fixing the operation procedures of the Law32/65 of August 12th 1968. This imitation revealed gaps because Congolese social and cultural conditions have not been taken into account. Therefore at the end of the 1970’s, there has been an attempt to come back to the traditional conception of cultural heritage, with for example the affirmation of Congolese cultural heritage. Congo still emphasizes this interest for the protection of cultural heritage by cultural development policies and adoption of two laws: the Law N°8-2010 of July 26th 2010 on the protection of national cultural and natural heritage and the Law N°09-2010 of July 26th 2010on the orientation of cultural policy in Congo. This is an additional walk towards the protection of cultural heritage, although this is still embryonic and very insufficient. However, it must be stressed that protection of cultural heritage encounters many difficulties linked to human and financial resources. This is why this work proposes some measures and initiatives in favor of an effective protection and management of Congolese cultural heritage.
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Ulrich Kianguebeni. La protection du patrimoine culturel au Congo. Droit. Université d'Orléans, 2016. Français. ⟨NNT : 2016ORLE0001⟩. ⟨tel-01477876⟩

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