Assessing Traditional cultural Expression protection under Ethiopian legal regime and its Human

Title: Assessing Traditional cultural Expression protection under Ethiopian legal regime

and its Human rights impact on the community members.1

ABSTRACT

Traditional Cultural Expression/TCE refers to 8any form of artistic and literary expression, in

which traditional culture and knowledge are embodied. It is indicative of traditional culture pass

from generation to generation and between generations including, but not limited to: phonetic or

verbal expressions, expressions by action, tangible expressions, and adaptations of the

expressions referred to in the above categories. As it9s enshrined in different international

human right instruments Traditional Cultural Expression/ TCE is a fundamental right which

constitutes an integral part of human rights, which are universal, indivisible and interdependent.

This indicates that, illegal exploitations in TCE immediately results in violation of the human

rights of the community members which is enshrined in international human right instruments.

To tackle this kind of distortion, a series of international enactments have been made since 1948

after Universal Declaration of Human Rights (UDHR) to safeguard cultural rights of indigenous

folk artists around the world. Even though the FDRE constitution had recognized this

fundamental right, yet Ethiopia has no effective law on Traditional Cultural Expression that

protects these resources from exploitation. This created fertile ground for unjust exploitation and

distortion of the Traditional Cultural Exploitation of the country. Recently, it became clear that

traditional communities. Existing legal regimes does not provide adequate protection to TCE.

The working Ethiopian copyright system attempted to accord certain legal protection to TCE by

considering TCE as a literary, artistic or scientific work through the inclusion of the work of

applied arts or more generally by taking note of illustrative nature of the list under Art 2(30).

But, it is questionable as to whether copyright regimes are adequate to protect TCE because of

different reasons. This paper utilized doctrinal and comparative research that drawn lesson from

a revolutionary experience of Kenya in this regards. The paper advocates for enactment of a sui-

generis law that rectify deficiency of the existing Intellectual property law and adequately

protect, preserve, promote, and commercialize the TCE. The paper recommend for enactment of

a sui-generis law that rectify deficiency of the existing copyright law and adequately protect,

preserve, promote, and commercialize the Traditional cultural expression.

1 MULISA ALEMAYEHU ID.No S40128/11-0

Assessing Traditional cultural Expression protection under Ethiopian legal regime and its Human rights impact on the community members