Harmonisation of Municipal Laws for Protection of Expressions of Folklore in the East African Community: The Case study of Rwanda and Tanzania.

Costantine, Jovine (2023) Harmonisation of Municipal Laws for Protection of Expressions of Folklore in the East African Community: The Case study of Rwanda and Tanzania. Doctoral thesis, The Open University of Tanzania.

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Abstract

It is internationally recognised that expressions of folklore are valuable assets. They are rooted from various communities. They pass from one generation to another. However, due to advancement of technology, such assets have been misappropriated within the East African Community and at global level. This prompted international and the East African Community efforts to design mechanisms including harmonisation of laws for adequate protection of expressions of folklore. Despite such efforts, there are disparities in protecting expressions of folklore in the municipal laws of the East African Community Member States. Rwanda and Tanzania were selected as a case study. Therefore, this study was conducted to address two questions: one, to what extent has Rwanda and Tanzania harmonised their municipal laws for protecting and promoting expressions of folklore within the East African Community. Two, what are the appropriate mechanisms for adequately protecting and promoting expressions of folklore in Rwanda and Tanzania? The study relied upon doctrinal legal research complemented by comparative legal research. From gathered and analysed information, it was found that municipal laws on protection of expressions of folklore within the East African Community were not harmonised. It was also found that positive, defensive and sui generis approaches are appropriate mechanisms for adequately protecting expressions of folklore in Rwanda and Tanzania. Finally, instead of protecting expressions of folklore under the copyright law, the study recommends each East African Community MemberState to have a specific law for protecting the expressions of folklore. The studyrecommends that like other communities, for instance the Pacific Community, the East African Community need to adopt a sui generis comprehensive legal framework forprotecting expressions of folklore within the Community. Keywords: Harmonisation, Municipal Laws, Expressions of Folklore, East African Communit

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