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Critics on Heritage Laws and Tourism Politics

                                  in Ethiopia: Multi-layered Delphi Approach



                                  Hiyab Gebretsadik Weldearegay
                                  Aksum University, Tigray
                                  hiyabgebretsadik.gg@gmail.com


                                  This research has analysed the substantive essence of the Constitution of the Federal
                                  Democratic Republic of Ethiopia (FDRE) on mandated jurisdiction about heritage
                                  matters between federal and state governments. It has also scrutinised the FDRE
                                  Proclamation No. 209/2000 on its constitutional permissibility, and its validity
                                  against international declarations. A Multi-layered Delphi Method was used with
                                  interdisciplinary sub-panels. Accordingly, the constitution substantively and ma-
                                  jorly puts heritage matters as state jurisdiction rather than federal power. However,
                                  it also has polyphony-monograph dilemma as it puts multi-layered sovereignty on
                                  heritages, makes hybridization of responsibility, and has constitutional silence on
                                  the schemata of exercises of its stipulations. In this regard, its essence of federalism
                                  has dialectical problems of being rhetorical and lacking transcendence. Politically,
                                  it suffers from imperialist syndrome on heritage ownership which is a legacy of
                                  Unitarianism that dominated the political scene of Ethiopia. On the other hand, the
                                  essence of proclamation No. 209/2000 is found to be against international declara-
                                  tions on the rights of indigenous peoples regarding heritage self-determination that
                                  put heritage sites as first and forever local places. Majority of the contents of this
                                  federal proclamation fall under jurisdictions of regional state powers which make
                                  it unconstitutionally. It also establishes a neo-imperialist structure. As an impact,
                                  and politically, this opens doors to (deliberate) delay of conservation of treasure,
                                  productivity of meanings that construct counter-history where the politicized ‘por-
                                  tion of truth’ is produced, and biasedly publicizing certain heritages as “national”
                                  prestige. It also opens doors to lootings, and smuggling. At last, it is found that this
                                  hyper-centralization again harms indigenous people on heritage economics and fair
                                  remunerations from tourism as it can storylin and mold public opinions on which
                                  tourist destination is ought to be popular.
                                  Keywords: Heritage Laws, Tourism Politics, Ethiopian Tourism, Delphi Approach,
                                  Heritage Economics
                                              https://doi.org/10.26493/978-961-293-417-0.17-31




            Introduction                                  which establishes the Federal Authority for Research
            The specific questions of interest of this research are   and Conservation of Cultural Heritages (hereafter
            the Constitution of the Federal Democratic Republic   ARCCH). 
            of Ethiopia (hereafter  FDRE), and the  FDRE procla-  The Proclamation is the highest Ethiopian herit-
            mation decreed under Proclamation No 209/2000,   age-related legal framework next to the Constitution,



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