Cultural heritage includes artefacts, monuments, groups of buildings and sites, and museums that have a diversity of values, including symbolic, historic, artistic, aesthetic, ethnological or anthropological, scientific, and social significance. It includes tangible heritage (movable, immobile, and underwater) and intangible cultural heritage (ICH) embedded into cultural and natural heritage artefacts, sites, or monuments.
- UNESCO Institute for Statistics, 2009 UNESCO Framework for Cultural Statistics
In Osogbo, the capital city of Osun State, Nigeria lies the dense forest of the Osun Sacred Grove. Regarded as the home of the goddess of fertility – Osun, one of the Yoruba gods, the grove and its river are dotted with sanctuaries and shrines, sculptures and artworks in honour of Osun and other deities. The Osun–Osogbo grove is one of the UNESCO World Heritage Sites in Nigeria and holds an immense cultural position not only among the Yorubas but also in Nigeria. Fishing, farming, and hunting are forbidden on the 75 hectares of sacred land. The Osun-Osogbo Grove is a unique part of Nigeria’s cultural heritage and it in turn has protection as such.
Cultural heritage can be defined as the legacy of physical artifacts (cultural property) and intangible attributes of a group or society inherited from the past. The emergence of the concept of cultural heritage is a result of a long historical development in which different values were attached to monuments, buildings, works of art, artifacts, landscapes, etc. The systematic destruction or loss of these objects led to phrases such as “outstanding universal value” and the declaration that these objects belong to “humanity”. These ideas were developed through an understanding that cultural heritage and the natural environment with which it is intimately entangled, are unique and irreplaceable. The emergence of the concept is directly related to the idea of protection or conservation.[i]
Cultural heritage falls under two main categories: tangible and intangible. tangible cultural heritage is physical or concrete. Modern objects like books, tools, clothing, and food are a part of cultural heritage, as are historic artifacts like paintings, antique musical instruments, and archeological discoveries. Intangible cultural heritage refers to the abstract and exists in the minds of people within that culture. These could involve folklores, superstitions, greetings, and language.
Cultural heritage is preserved in many different ways. International groups like the United Nations Educational, Scientific, and Cultural Organization (UNESCO) work to preserve both tangible and intangible cultural heritage. Additionally, many ethnic, cultural, and historical organizations work to preserve cultural heritage in local communities. This might include restoring a historic building, teaching languages, or leading a craft workshop.[ii]
Cultural heritage is a testament to human creativity, history, and identity, that is why to safeguard these invaluable treasures, a robust legal framework has been established at both international and national levels. These treaties and conventions that protect cultural heritage globally include;
UNESCO 1970 Convention
The UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, adopted in 1970, is a cornerstone of international efforts to combat the illicit trade of cultural artifacts. The convention establishes measures for the protection and return of stolen or illegally exported cultural property. It encourages member states to implement preventive measures, such as inventorying cultural objects, regulating the art market, and promoting public awareness.
UNESCO 1954 Hague Convention
The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, adopted in 1954, is the first international treaty dedicated to safeguarding cultural heritage during armed conflicts. The convention and its two protocols outline measures to protect cultural property from destruction, theft, and misuse. It requires parties to refrain from using cultural sites for military purposes and to take steps to prevent the export of cultural property from occupied territories.
UNESCO 2003 Intangible Cultural Heritage Convention
The Convention for the Safeguarding of the Intangible Cultural Heritage, adopted in 2003, recognizes the importance of intangible cultural heritage, such as oral traditions, performing arts, rituals, and traditional craftsmanship. The convention aims to ensure the safeguarding of intangible cultural heritage through measures such as documentation, education, and community involvement.
UNIDROIT 1995 Convention
The UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, adopted in 1995, complements the UNESCO 1970 Convention by providing a legal framework for the restitution of stolen or illegally exported cultural objects. The convention establishes procedures for the return of cultural property to its country of origin and sets out the rights and obligations of parties involved in the restitution process.
Regional and National Legislations also include;
European Union
The European Union has developed a comprehensive legal framework to protect cultural heritage within its member states. The EU Directive on the Return of Cultural Objects unlawfully removed from the territory of a Member State, adopted in 1993 and amended in 2014, facilitates the return of cultural objects to their rightful owners. The EU also supports cultural heritage protection through funding programs, research initiatives, and cooperation with international organizations.
United States
In the United States, the Cultural Property Implementation Act (CPIA), enacted in 1983, implements the provisions of the UNESCO 1970 Convention. The CPIA authorizes the imposition of import restrictions on cultural property from countries that request protection. Additionally, the National Stolen Property Act (NSPA) criminalizes the trafficking of stolen cultural property and provides legal mechanisms for the recovery and return of such objects.
African Union
The African Union has adopted several legal instruments to protect cultural heritage on the continent. The Charter for the African Cultural Renaissance, adopted in 2006, emphasizes the importance of cultural heritage preservation and calls for the establishment of national cultural policies. The African World Heritage Fund, established in 2006, provides financial and technical support for the conservation of World Heritage sites in Africa.
In Nigeria, the Honourable Minister of Art, Culture, and Creative Economy, Hannatu Musa-Musawa, inaugurated the Technical Drafting Committee for the review of the National Cultural Policy of Nigeria. According to the Minister, “the review and development of an updated National Cultural Policy is a critical undertaking that will shape the direction, growth, and sustainability of Nigeria’s cultural sector for years to come. Culture is the lifeblood of our nation – it defines our identity, heritage, values, and way of life”. [iii]
Despite the existence of comprehensive legal frameworks, challenges remain in the protection of cultural heritage. Issues such as lack of enforcement, limited resources, and political instability can hinder the effectiveness of legal instruments. Furthermore, the illicit trade of cultural property continues to be a major concern, driven by high demand and lucrative markets.
To address these challenges, international cooperation and capacity-building are essential. Strengthening partnerships between governments, international organizations, and local communities can enhance the protection of cultural heritage. Additionally, leveraging technology, such as digital documentation and tracking systems, can improve the monitoring and recovery of cultural objects.
The protection of cultural heritage is a collective responsibility that requires a multifaceted approach. Legal frameworks at the international, regional, and national levels provide the foundation for safeguarding our cultural legacy. By continuing to strengthen these legal instruments and promoting international collaboration, we can ensure that future generations can appreciate and learn from the rich cultural heritage that defines our shared humanity.
[i] Central European University. (2025). The Concept and History of Cultural Heritage. [Online]. CEU. Available at: https://culturalheritagestudies.ceu.edu/concept-and-history-cultural-heritage [Accessed 10 February 2025].
[ii] Study.com. (2023). Cultural Heritage | Definition, Types & Examples. [Online]. Study. Last Updated: 11/21/2023. Available at: https://study.com/learn/lesson/cultural-heritage-types-examples.html [Accessed 10 February 2025].
[iii] Federal Ministry of Information and National Orientation. (2024). Federal Ministry of Art, Culture, and Creative Economy Inaugurates Committee for Comprehensive National Cultural Policy. [Online]. Federal Ministry of Information and National Orientation. Last Updated: July, 2024. Available at: https://fmino.gov.ng/federal-ministry-of-art-culture-and-creative-economy-inaugurates-committee-for- [Accessed 10 February 2025].
Photo: UNESCO.org