(Library of Congress, USA) Preservation of Historical Cemeteries in Selected Countries

From: Biniam Tekle <biniamt_at_dehai.org_at_dehai.org>
Date: Sat, 26 Apr 2014 14:05:10 -0400

http://www.loc.gov/law/help/historical-cemeteries/index.php


April 2014 publication - for full report click here
http://www.loc.gov/law/help/historical-cemeteries/preservation-of-historical-cemeteries.pdf


Excerpt:

Eritrea

Historical cemeteries may be protected under several different laws.
 Eritrea's Mining Proclamation[31] authorizes the Eritrean government to
ban mining operations in areas where historical cemeteries may be located,
stating as follows:

The Government may designate any area or mineral as reserved or excluded
for particular mining operations and exclude any area from mining
operations particularly as it regards sites of historical, cultural or
religious interest and public buildings, infrastructure and other
installations.[32]

Except when approved by the Ministry of Energy, Mines and Water Resources,
the subsidiary legislation to the Mining Proclamation bans the issuance of
a mining license within one hundred meters of a "site of archeological,
cultural or religious importance" and prospecting on land within one
hundred meters of a cemetery.[33]

In addition to the protection that historical cemeteries are afforded
through the Mining Proclamation and its subsidiary legislation, it appears
that Eritrea's Transitional Penal Code provides additional protection by
criminalizing certain acts that may damage historical cemeteries. The Code
makes it an aggravated offense of damage to property to intentionally
destroy or seriously damage

an important object of religious veneration or worship, an object of
valuable historical, scientific or artistic nature, a public building or a
monument entrusted to the public, a historical site or any objects,
machinery, installations or plantations of public utility or necessary for
a service or the national interest.[34]

A criminal conviction on this charge entails punishment of up to five years
in prison and fine.[35] In addition, violation of laws protecting
historical, artistic, or natural riches is a petty offense punishable by a
fine ranging from ERN 1 to 300 (about US$.09 to $29) or arrest ranging from
one day to three months.[36]

Sources contacted for this report indicated that Eritrea is currently
drafting legislation on cultural heritage protection and conservation.
Received on Sat Apr 26 2014 - 14:05:51 EDT

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