UNESCO Convention

 

 

UNESCO Convention on the Protection of Underwater Cultural Heritage 2001

This international agreement came into force on 2 January 2009 after 20 countries ratified it and as at 1 September 2010, 32 countries have done this (see enclosed list of countries in Documentation page). It is considered to be the peak law on how to protect and manage underwater cultural heritage sites in all waters—not just international waters. But it was the discovery of the Titanic shipwreck located in international waters and its subsequent exploitation that triggered the need for some guidelines in the best practices of protecting and managing underwater cultural heritage sites. It is worth highlighting that the Convention applies to ‘heritage sites’ not just ‘shipwrecks and artefacts’ which means it should be the catalyst for many broader based programmes and with relevance to many countries.
 
The main objectives of the Convention are to:
  • Protect all traces of human existence that have cultural, historical and archaeological character and have been partially or totally underwater for 100 years
  • Countries shall cooperate in protecting sites
  • Preservation in situ is the first priority
  • Underwater cultural heritage shall not be commercially exploited
  • Ensure proper respect is given to human remains
  • Maintain the sovereign rights of a country—its vessels and aircraft
  • Does not prejudice the jurisdiction and duties under UNCLOS
  • Encourage public access through public awareness programmes
 
The Convention contains 35 Articles which outline a number of principles and practices in protecting underwater cultural heritage sites and an Annex, being the ‘Rules’ in how to implement an underwater cultural heritage programme. The Rules are based on the ‘Sofia Charter’ developed as the ICOMOS Charter on the Protection and Management of Underwater Cultural Heritage 1996.
 
For the full text of the Convention click here. Some of the responsibilities of a country that ratifies the Convention are:
  • A country shall adopt the ‘Rules’ to apply to all its internal waters and Territorial Waters, as well as using them in the Economic Exclusion Zone (EEZ) and the High Seas (a need therefore for countries to have domestic legislation that has similar aims)
  • A country’s nationals are bound by the Convention, they shall also report discoveries found in the EEZ and High Seas to their country, which in turn reports them to the Director-General UNESCO
  • A country shall not allow material to enter its territory which has been acquired not in conformity with the Convention, and it can seize material
  • Countries shall share information and cooperate in training programmes
  • Countries shall establish ‘Competent Authorities’ to implement a comprehensive programme
  • After the initial meeting, countries shall meet every 2 years with the Director-General UNESCO and they may establish a Technical and Scientific Advisory Body who shall assist in regard to the implementation of the Rules
 
In addition to some general principles which follow-on from the Articles, the Rules call for a Project Design to be developed when directing any activities at underwater cultural heritage sites.
 
It is early days in the implementation of the Convention and many issues are still to be be clarified which will be documented and published as the Convention’s Operational Guidelines. A Scientific and Technical Advisory Committee of various experts from several countries has been established to provide advice on its implementation.
 
A Power Point Presentation on the Convention’s background, its aims and principles is enclosed for use in the Documentation page. In addition an article on building the capacity for implementing the Convention in a number of countries is also enclosed (see Conference paper by Parthesius and Jeffery).
 
 
CIE ACTIVITIES
UNESCO CONVENTION
DOCUMENTATION
MARITIME ARCHEOLOGY ASSOCIATES

CIE - UNESCO capacity building maritime heritage

The CIE has implemented several training, capacity building programs appropriate for a number of countries, and taking into consideration the requirements of the UNESCO Convention on the Protection of the Underwater Cultural Heritage. In 2010 the Maritime and Underwater Cultural Heritage (MUCH) Activities have taken place in South Africa, Tanzania, Mozambique und Micronesia. For 2011 more courses are scheduled.

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