Site and Artefact Protection under the 2001 Convention

1. Site and Artefact Protection under the 2001 Convention The UNESCO 2001 Convention on the Protection of the Underwater Cultural Heritage

2. Objective of the 2001 Convention (Article 2.1) This Convention aims to ensure and strengthen the protection of underwater cultural heritage.

3. The situation • Extensive Pillage of UCH • Commercial exploitation of wrecks • Wide trafic of artefacts (from illicit and unethical recovery)

4. The challenge • Destruction largely unnoticed by the public • Museums and artmarketsneed to become aware • Ratification of Convention has to become universal • Improvement of domestic law and enforcement needed • International waters need international cooperation • Stronger political approach to seizure required

5. International Law and UCH Protection The most relevant international treaties for underwater cultural heritage are: • The United Nations Convention on the Law of the Sea (Montego Bay, 1982) – global treaty on jurisdiction at sea; only marginally touching underwater cultural heritage and giving very small protection rights mainly excluding EEZ. • UNESCO 2001 Convention on the Protection of the Underwater Cultural Heritage (Paris, 2001) – global treaty specifically dealing with underwater cultural heritage • Bilateral treaties (e.g. The Agreement Regarding the Shipwrecked Vessel RMS Titanic (London, 2003)) and regional treaties (e.g. European Convention on the Protection of the Archaeological Heritage (Valletta, 1992))

6. Article 3 of the 2001 Convention – Relationship between this Convention and the United Nations Convention on the Law of the Sea Nothing in this Convention shall prejudice the rights, jurisdiction and duties of States under international law, including the United Nations Convention on the Law of the Sea. This Convention shall be interpreted and applied in the context of and in a manner consistent with international law, including the United Nations Convention on the Law of the Sea.

7. The Content of the Convention It contains: • Ethical principles • Strong site protection measures • A State cooperation mechanism • Scientific guidelines for underwater archaeology (The Annex) No regulations regarding the ownership of heritage or national jurisdiction at sea

8. 2001 Convention Protection Provisions

9. General Site Protection Provisions (Art. 2 para. 3 and 4) • States Parties must preserve underwater cultural heritage for the benefit of humanity. • States Parties must, individually or jointly as appropriate, take all suitable measures that are necessary to protect this heritage, using the best practicable means at their disposal and in accordance with their capabilities.

10. Suitable Measures include: • Creation of inventories of sites • Control and surveillance of these sites • Satellite surveillance • Investigation of potential pillagers • Cooperation and international legal assistance

11. Entry control (Art. 14) States Parties shall take measures to prevent the entry into their territory, the dealing in, or the possession of, underwater cultural heritage illicitly exported and/or recovered, where recovery was contrary to this Convention.

12. Non-use of areas under the jurisdiction of States Parties (Art. 15) States Parties shall take measures to prohibit the use of their territory, including their maritime ports, as well as artificial islands, installations and structures under their exclusive jurisdiction or control, in support of any activity directed at underwater cultural heritage which is not in conformity with this Convention.

13. Measures relating to nationals and vessels (Art. 16) States Parties shall take all practicable measures to ensure that their nationals and vessels flying their flag do not engage in any activity directed at UCH in a manner not in conformity with this Convention. (In State Party waters and in other waters.)

14. Sanctions (Art. 17) • Each State Party shall impose sanctions for violations. • Sanctions shall be adequate in severity. • States Parties shall cooperate to ensure enforcement of sanctions imposed.

15. Seizure (Art. 18) Each State Party shall also “take measures providing for the seizure of underwater cultural heritage in its territory that has been recovered in a manner not in conformity with this Convention”.

16. State Cooperation Mechanism In international waters (not in territorial waters): • States Parties request that their nationals report discoveries and activities directed at underwater heritage • They share this information with the other States Parties through UNESCO • States may declare their interest to be consulted in regards to particular sites, and decide together on a course of action • Promise jurisdictional help • Immediate danger intervention right

17. UNESCO Contact: Ulrike Guérin, UNESCO Convention on the Protection of the Underwater Cultural Heritage (2001) 7, place de Fontenoy, 75352 Paris 07 SP France Tel: + 33 1 45 68 44 06 Email: u.guerin@unesco.org Web: www.unesco.org/en/underwater-cultural-heritage