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8/8/2019 PPP on Convention & Background Under Water Cultural Heritage Management
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Some background to Underwater Cultural Heritage Managementand the UNESCO Convention on the Protection of Underwater
Cultural Heritage 2001
Current approaches used in maritime archaeology:
Started from 19 th and 20 th C. salvage, then archaeologicalexcavations of shipwrecks in a number of countries
Some examples
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In the United Kingdom, atSutton Hoo an Anglo-Saxonvessel from the 7th C. wasexcavated in 1939
Used as a burial coffin and itcontained an assortment of gold and silver helmets,shields, and tableware.
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Around 1070-1090 AD, five Viking ships were sunk at Skuldelev,Denmark, to make a barrage across a narrow channel.
In 1962 the work area was drained using a cofferdam, turning it into aland excavation. The investigations continued until 1969. All ship partswere recovered and conserved
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Aq ualung (SCUB A) was invented by J. Cousteau in 1942
A catalyst for archaeologists in addition to souvenir hunters to search for andrecover material from shipwrecks frommany more places in the worlds oceans
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1200 BC wrecksite off Cape Gelidonyasite off Yassiada, 7th C Byzantine (1961-64 ) off Kyrenia, Cyprus, a 4th C Greek
ship (1967 )off Uluburun, 14 th C BC (1984-94 )
George Bass
1960s-1990s
Academic andsystematic
research from
USA
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In the USA, shipwrecks containing high monetary-value cargo were dealtwith under Admiralty Law (Law of F inds and Law of Salvage) and permitsprovided for recovery and sale of artefacts
USA F ederal and State programmes were also implemented thatprotected and managed shipwrecks for their historical and archaeologicalvalue
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Many countries responded with legislation to protect thematerial remains as a public resource
Some continued to sanction salvage over the historical andarchaeological values, and the selling of the artefacts
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The wording for the Convention was finalised in 2001 after severalyears of negotiations between many countries and many interests
It is deemed by many to be the peak law on how to protect andmanage underwater cultural heritage sites in all watersnot justinternational waters
Its focus on heritage sitesnot just shipwreck artefacts shouldbe the catalyst for many broader based programmes and with
relevance to manymore countries
UNESCO Convention on the Protection of Underwater Cultural HeritageUNESCO Convention on the Protection of Underwater Cultural Heritage20012001
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The Convention needs 20 countries (State Parties) to ratify it before it comes intoforce (done on 2 January 2009). The 20 countries that made this happen are:Barbados, Bulgaria, Cambodia. Croatia, Cuba, Ecuador, Lebanon, Libyan ArabJamahiriya , Lithuania, Mexico, Montenegro, Nigeria, Panama, Paraguay, Portugal,Romania, Saint Lucia, Slovenia, Spain, Ukraine. Grenada and Tunisia ratified theConvention on 15 January 2009.
Representatives of these 20 countries will meet at the inaugural meeting in Paris on26/27 March 2009 to decide on:
forming a Scientific and Technical Advisory Body and possibly nominatemembers (either 6 or 12 members)can be a combination of underwater archaeologists, conservators, law specialists
get the Scientific and Technical Advisory Body to prepare a draft of Operational Guidelines to help the State Parties implement the Convention
UNESCO Paris 09 meeting\ Item 7 Operational Guidelines.pdf
How does the UNESCO Convention work?How does the UNESCO Convention work?
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Contains 35 articles which outline a number of principles and practices in protectingunderwater cultural heritage sites, and an
Annex, being the Rules in how to implement an underwater cultural heritageprogramme Essentially the Sofia Charter developed as the I COMOS Charter onthe Protection and Management of Underwater Cultural Heritage 1996
UNESCO Convention.doc
What does the UNESCO Convention contain?What does the UNESCO Convention contain?
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What does the UNESCO Convention contain?What does the UNESCO Convention contain?
P rinciples and practices in protecting underwater P rinciples and practices in protecting underwater cultural heritage sitescultural heritage sites
Protect all traces of human existence that have cultural, historical andarchaeological character and have been partially or totally underwater for 100 years
Countries shall cooperate in protecting sitesPreservation in situ is the first priorityUnderwater cultural heritage shall not be commercially exploitedEnsure proper respect is given to human remainsMaintain the sovereign rights of a countryits vessels and aircraftDoes not prejudice the jurisdiction and duties under UNCLOSEncourage public access through public awareness programmes
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What are a Countrys responsibilitiesWhat are a Countrys responsibilities
A country shall adopt the Rules to apply to all its internal waters andTerritorial Waters, as well as using them in the EEZ and the High Seas(A need for countries to have domestic legislation that has similar aims)
A country can limit the application of this Convention to parts of internalwaters and Territorial Waters with qualification
A countrys nationals are bound by the Convention, they shall reportdiscoveries found in the EEZ and High Seas to their country, which in turnreports them to the Director-General UNESCO
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What are a Countrys responsibilitiesWhat are a Countrys responsibilities
The master of a vessel flying the flag of a country that has ratified theConvention shall, upon discovering a site in the EEZ and High Seas shallreport it to this country
A country shall not allow material to enter its territory which has been
acquired not in conformity with the Convention, and it can seize materialCountries shall share information and cooperate in training programmes
Countries shall establish Competent Authorities to implement acomprehensive programme
After the initial meeting, countries shall meet every 2 years with theDirector-General UNESCO and they may establish a Technical andScientific Advisory Body who shall assist in regard to the implementation of the Rules
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Countries to cooperate in protecting sitesCountries to cooperate in protecting sites
A number of articles refer to the need for countries which declare an interest in asite (eg. A ship built in India, crewed by British, carried Chinese cargo and sunk inthe Tanzanian EEZ) will cooperate in protecting this site. In this case TanzaniaCoordinates the protection of the site and the involvement of other countries
F or sites in the High Seas, UNESCO appoints a Coordinating country
It is also recommended that a country should involve other countries if a similar multi-cultural site is found in their Territorial Waters
Countries are encouraged to enter into bilateral, regional or mutilateraltreaties
Hull remains of the Portuguese 50-gun frigateSanto Antonio de Tanna wrecked off Fort Jesus, Mombasa in 1697
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UNESCOs responsibilitiesUNESCOs responsibilities
The Director-General of UNESCO shall form the Secretariat
The Director-General shall receive notification of discoveries in EEZ and theHigh Seas and assist with the coordination of protection with other countries thathave expressed an interest in the site
UNESCO shall settle disputes between countries
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The RulesThe Rules
The 36 Rules are an integral part of the Convention and provide some guidelines inhow to implement a programme under the conditions of the Convention
In addition to some general principles which follow-on from the Articles, the Rulescall for a Project Design to be developed when directing any activities at underwater cultural heritage sites, and the 16 sections of the Project Design are further explained in the Convention
UNESCO Convention.doc
Off Yassiada in Mediterranean, 7th C Byzantine ship
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Project DesignProject DesignIt includes:
the objectives of the project;the funding required and secured in advance;the experience and qualification of the team;the methods to be used;a safety policy;a conservation, documentation and publication program;deposition of archives and artefacts;a site management and maintenance policy
Off Yassiada in Mediterranean, 7th C Byzantine ship
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Project DesignProject Design
Essentially the Project Design requires the archaeologist to consider every aspectof implementing a project:
from ensuring funding has been obtainedto the documentation of the projects objectives and methods to be used
to the sustainable site investigation, conservation, ongoing management andinterpretation of the site, archives and artefacts .
Off Yassiada in Mediterranean, 7th C Byzantine ship
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P reserve sites and artefactsTo preserve values and knowledge for future generations
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It is considered to be the peak law on how to protect and manageunderwater cultural heritage sites in all watersnot just international waters
Its focus on heritage sites not just shipwrecks and artefacts should be the catalyst for many broader based programmes andwith relevance to many more countries
UNESCO Convention on the Protection of UNESCO Convention on the Protection of Underwater Cultural Heritage 2001Underwater Cultural Heritage 2001