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The illicit trade in cultural heritage belongs in the category of major illegal transnational trade
alongside drug and firearms trafficking. Cultural heritage theft and trafficking continues to be
an issue in Africa, and Ethiopia’s cultural objects continue to be looted both during peacetime
and armed conflict. Accordingly, this study examines the adequacy of Ethiopia’s cultural
heritage laws and institutions to prevent illicit cultural heritage trafficking within the context
of the transnational and organized crime (TOC) framework. The central goal of this dissertation
is to analyze the best way to address legal gaps related to the criminalization of and mutual cooperation against illicit cultural heritage trafficking and to assess possibilities of addressing
the institutional challenges related to the detection and investigation of crimes of cultural
heritage trafficking in Ethiopia. It employs the socio-legal qualitative research methodology.
The research is principally conducted through doctrinal analysis of primary data sources
including legislation, case laws, and international treaties. Also, it uses secondary sources
including journal articles, books, and commentaries. It is supplemented by empirical data that
is collected from primary sources through key informant interviews and personal observation.
The empirical data is complemented by published and unpublished documents. The study
reveals that administrative regulations are the principal method of preventing cultural heritage
trafficking in Ethiopia and the related illicit acts are typically criminalized and investigated as
ordinary and domestic crimes, thereby disregarding their transnational and organized character.
This inadequacy has led to several stolen cultural objects remaining untraced and suspects are
left without being criminally investigated and prosecuted. The study provides useful insights
to legal actors that are responsible for the control of cultural heritage crimes. It also adds to the
academic literature on Ethiopia’s law related to the control of artifacts trafficking. The
researcher argues that to proactively and effectively prevent cultural heritage trafficking,
Ethiopia should do two things. First, it should legislate new cultural heritage criminal laws and
enforce them within the TOC framework. And second, it should establish a special cultural
heritage policing unit to deal with cultural artifacts theft and trafficking |
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