1. (a) "Underwater cultural heritage" means all traces of
human existence having a cultural, historical or archaeological
character which have been partially or totally under water,
periodically or continuously, for at least 100 years such as:
(i) sites, structures, buildings, artefacts and human
remains, together with their archaeological and natural
context;
(ii) vessels, aircraft, other vehicles or any part thereof,
their cargo or other contents, together with their archaeological and
natural context; and
(iii) objects of prehistoric character.
(b) Pipelines and cables placed on the seabed shall not be
considered as underwater cultural heritage.
(c) nstallations other than pipelines and cables, placed on the
seabed and still in use, shall not be considered as underwater
cultural heritage.
2. (a) "States Parties" means States which have consented to be
bound by this Convention and for which this Convention is in
force.
(b) This Convention applies mutatis mutandis to those territories
referred to in Article 26, paragraph 2(b), which become Parties
to this Convention in accordance with the conditions set out in that
paragraph, and to that extent "States Parties" refers to those
territories.
3. "UNESCO" means the United Nations Educational, Scientific and
Cultural Organization.
4. "Director-General" means the Director-General of UNESCO.
5. "Area" means the seabed and ocean floor and subsoil thereof,
beyond the limits of national jurisdiction.
6. "Activities directed at underwater cultural heritage" means
activities having underwater cultural heritage as their primary
object and which may, directly or indirectly, physically disturb or
otherwise damage underwater cultural heritage.
7. "Activities incidentally affecting underwater cultural
heritage" means activities which, despite not having underwater
cultural heritage as their primary object or one of their objects,
may physically disturb or otherwise damage underwater cultural
heritage.
8. "State vessels and aircraft" means warships, and other vessels
or aircraft that were owned or operated by a State and used, at the
time of sinking, only for government non-commercial purposes, that
are identified as such and that meet the definition of underwater
cultural heritage.
9. "Rules" means the Rules concerning activities directed at
underwater cultural heritage, as referred to in Article 33 of this
Convention.
Article 2 &endash; Objectives and general principles
1. This Convention aims to ensure and strengthen the protection of
underwater cultural heritage.
2. States Parties shall cooperate in the protection of underwater
cultural heritage.
3. States Parties shall preserve underwater cultural heritage for
the benefit of humanity in conformity with the provisions of this
Convention.
4. States Parties shall, individually or jointly as appropriate,
take all appropriate measures in conformity with this Convention and
with international law that are necessary to protect underwater
cultural heritage, using for this purpose the best practicable means
at their disposal and in accordance with their capabilities.
5. The preservation in situ of underwater cultural heritage shall
be considered as the first option before allowing or engaging in any
activities directed at this heritage.
6. Recovered underwater cultural heritage shall be deposited,
conserved and managed in a manner that ensures its long-term
preservation.
7. Underwater cultural heritage shall not be commercially
exploited.
8. Consistent with State practice and international law, including
the United Nations Convention on the Law of the Sea, nothing in this
Convention shall be interpreted as modifying the rules of
international law and State practice pertaining to sovereign
immunities, nor any State's rights with respect to its State vessels
and aircraft.
9. States Parties shall ensure that proper respect is given to all
human remains located in maritime waters.
10. Responsible non-intrusive access to observe or document in
situ underwater cultural heritage shall be encouraged to create
public awareness, appreciation, and protection of the heritage except
where such access is incompatible with its protection and
management.
11. No act or activity undertaken on the basis of this Convention
shall constitute grounds for claiming, contending or disputing any
claim to national sovereignty or jurisdiction.
Article 3 &endash; 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.
Article 4 &endash; Relationship to law of salvage and law of
finds
Any activity relating to underwater cultural heritage to which
this Convention applies shall not be subject to the law of salvage or
law of finds, unless it:
(a) is authorized by the
competent authorities, and
(b) is in full
conformity with this Convention, and
(c) ensures that any
recovery of the underwater cultural heritage achieves its maximum
protection.
Article 5 &endash; Activities incidentally affecting underwater
cultural heritage
Each State Party shall use the best practicable means at its
disposal to prevent or mitigate any adverse effects that might arise
from activities under its jurisdiction incidentally affecting
underwater cultural heritage.
Article 6 &endash; Bilateral, regional or other multilateral
agreements
1. States Parties
are encouraged to enter into bilateral, regional or other
multilateral agreements or develop existing agreements, for the
preservation of underwater cultural heritage. All such agreements
shall be in full conformity with the provisions of this Convention
and shall not dilute its universal character. States may, in such
agreements, adopt rules and regulations which would ensure better
protection of underwater cultural heritage than those adopted in this
Convention.
2. The Parties to
such bilateral, regional or other multilateral agreements may invite
States with a verifiable link, especially a cultural, historical or
archaeological link, to the underwater cultural heritage concerned to
join such agreements.
3. This Convention
shall not alter the rights and obligations of States Parties
regarding the protection of sunken vessels, arising from other
bilateral, regional or other multilateral agreements concluded before
its adoption, and, in particular, those that are in conformity with
the purposes of this Convention.
Article 7 &endash; Underwater cultural heritage
in internal waters, archipelagic waters and territorial sea
1. States Parties, in the exercise of their sovereignty,
have the exclusive right to regulate and authorize activities
directed at underwater cultural heritage in their internal waters,
archipelagic waters and territorial sea.
2. Without prejudice to other international agreements and
rules of international law regarding the protection of underwater
cultural heritage, States Parties shall require that the Rules be
applied to activities directed at underwater cultural heritage in
their internal waters, archipelagic waters and territorial sea.
3. Within their archipelagic waters and territorial
sea, in the exercise of their sovereignty and in recognition of
general practice among States, States Parties, with a view to
cooperating on the best methods of protecting State vessels and
aircraft, should inform the flag State Party to this Convention and,
if applicable, other States with a verifiable link, especially a
cultural, historical or archaeological link, with respect to the
discovery of such identifiable State vessels and aircraft.
Article 8 &endash; Underwater cultural heritage in the
contiguous zone
Without prejudice to and in addition to Articles 9 and 10, and in
accordance with Article 303, paragraph 2, of the United Nations
Convention on the Law of the Sea, States Parties may regulate and
authorize activities directed at underwater cultural heritage within
their contiguous zone. In so doing, they shall require that the Rules
be applied.
Article 9 &endash; Reporting and notification
in the exclusive economic zone and on the continental shelf
1. All States Parties have a responsibility to protect
underwater cultural heritage in the exclusive economic zone and on
the continental shelf in conformity with this Convention.
Accordingly:
(a) a State Party shall require that when its national, or a
vessel flying its flag, discovers or intends to engage in activities
directed at underwater cultural heritage located in its exclusive
economic zone or on its continental shelf, the national or the master
of the vessel shall report such discovery or activity to it;
(b) in the exclusive economic zone or on the continental shelf of
another State Party:
(i) States Parties shall require the national or the master
of the vessel to report such discovery or activity to them and to
that other State Party;
(ii) alternatively, a State Party shall require the national
or master of the vessel to report such discovery or activity to it
and shall ensure the rapid and effective transmission of such reports
to all other States Parties.
2. On depositing its instrument of ratification, acceptance,
approval or accession, a State Party shall declare the manner in
which reports will be transmitted under paragraph 1(b) of this
Article.
3. A State Party shall notify the Director-General of
discoveries or activities reported to it under paragraph 1 of this
Article.
4. The Director-General shall promptly make available to all
States Parties any information notified to him under paragraph 3 of
this Article.
5. Any State Party may declare to the State Party in whose
exclusive economic zone or on whose continental shelf the underwater
cultural heritage is located its interest in being consulted on how
to ensure the effective protection of that underwater cultural
heritage. Such declaration shall be based on a verifiable link,
especially a cultural, historical or archaeological link, to the
underwater cultural heritage concerned.
Article 10 &endash; Protection of underwater cultural
heritage
in the exclusive economic zone and on the continental shelf
1. No
authorization shall be granted for an activity directed at underwater
cultural heritage located in the exclusive economic zone or on the
continental shelf except in conformity with the provisions of this
Article.
2. A State Party
in whose exclusive economic zone or on whose continental shelf
underwater cultural heritage is located has the right to prohibit or
authorize any activity directed at such heritage to prevent
interference with its sovereign rights or jurisdiction as provided
for by international law including the United Nations Convention on
the Law of the Sea.
3. Where there is
a discovery of underwater cultural heritage or it is intended that
activity shall be directed at underwater cultural heritage in a State
Party's exclusive economic zone or on its continental shelf, that
State Party shall:
(a) consult all other
States Parties which have declared an interest under Article 9,
paragraph 5, on how best to protect the underwater cultural heritage;
(b)
coordinate such consultations as "Coordinating State", unless it
expressly declares that it does not wish to do so, in which case the
States Parties which have declared an interest under Article 9,
paragraph 5, shall appoint a Coordinating State.
4. Without
prejudice to the duty of all States Parties to protect underwater
cultural heritage by way of all practicable measures taken in
accordance with international law to prevent immediate danger to the
underwater cultural heritage, including looting, the Coordinating
State may take all practicable measures, and/or issue any necessary
authorizations in conformity with this Convention and, if necessary
prior to consultations, to prevent any immediate danger to the
underwater cultural heritage, whether arising from human activities
or any other cause, including looting. In taking such measures
assistance may be requested from other States Parties.
5. The
Coordinating State:
(a) shall implement
measures of protection which have been agreed by the consulting
States, which include the Coordinating State, unless the consulting
States, which include the Coordinating State, agree that another
State Party shall implement those measures;
(b) shall issue all
necessary authorizations for such agreed measures in conformity with
the Rules, unless the consulting States, which include the
Coordinating State, agree that another State Party shall issue those
authorizations;
(c) may conduct any
necessary preliminary research on the underwater cultural heritage
and shall issue all necessary authorizations therefor, and shall
promptly inform the Director-General of the results, who in turn will
make such information promptly available to other States Parties.
6. In coordinating
consultations, taking measures, conducting preliminary research
and/or issuing authorizations pursuant to this Article, the
Coordinating State shall act on behalf of the States Parties as a
whole and not in its own interest. Any such action shall not in
itself constitute a basis for the assertion of any preferential or
jurisdictional rights not provided for in international law,
including the United Nations Convention on the Law of the Sea.
7. Subject to the
provisions of paragraphs 2 and 4 of this Article, no activity
directed at State vessels and aircraft shall be conducted without the
agreement of the flag State and the collaboration of the Coordinating
State.
Article 11 &endash; Reporting and notification in the
Area
1. States Parties
have a responsibility to protect underwater cultural heritage in the
Area in conformity with this Convention and Article 149 of the United
Nations Convention on the Law of the Sea. Accordingly when a
national, or a vessel flying the flag of a State Party, discovers or
intends to engage in activities directed at underwater cultural
heritage located in the Area, that State Party shall require its
national, or the master of the vessel, to report such discovery or
activity to it.
2. States Parties
shall notify the Director-General and the Secretary-General of the
International Seabed Authority of such discoveries or activities
reported to them.
3. The
Director-General shall promptly make available to all States Parties
any such information supplied by States Parties.
4. Any State Party
may declare to the Director-General its interest in being consulted
on how to ensure the effective protection of that underwater cultural
heritage. Such declaration shall be based on a verifiable link to the
underwater cultural heritage concerned, particular regard being paid
to the preferential rights of States of cultural, historical or
archaeological origin.
Article 12 &endash; Protection of underwater cultural heritage
in the Area
1. No
authorization shall be granted for any activity directed at
underwater cultural heritage located in the Area except in conformity
with the provisions of this Article.
2. The
Director-General shall invite all States Parties which have declared
an interest under Article 11, paragraph 4, to consult on how best to
protect the underwater cultural heritage, and to appoint a State
Party to coordinate such consultations as the "Coordinating State".
The Director-General shall also invite the International Seabed
Authority to participate in such consultations.
3. All States
Parties may take all practicable measures in conformity with this
Convention, if necessary prior to consultations, to prevent any
immediate danger to the underwater cultural heritage, whether arising
from human activity or any other cause including looting.
4. The
Coordinating State shall:
(a)
implement measures of protection which have been agreed by the
consulting States, which include the Coordinating State, unless the
consulting States, which include the Coordinating State, agree that
another State Party shall implement those measures; and
(b) issue all necessary
authorizations for such agreed measures, in conformity with this
Convention, unless the consulting States, which include the
Coordinating State, agree that another State Party shall issue those
authorizations.
5. The
Coordinating State may conduct any necessary preliminary research on
the underwater cultural heritage and shall issue all necessary
authorizations therefor, and shall promptly inform the
Director-General of the results, who in turn shall make such
information available to other States Parties.
6. In coordinating
consultations, taking measures, conducting preliminary research,
and/or issuing authorizations pursuant to this Article, the
Coordinating State shall act for the benefit of humanity as a whole,
on behalf of all States Parties. Particular regard shall be paid to
the preferential rights of States of cultural, historical or
archaeological origin in respect of the underwater cultural heritage
concerned.
7. No State Party
shall undertake or authorize activities directed at State vessels and
aircraft in the Area without the consent of the flag State.
Article 13 &endash; Sovereign immunity
Warships and other government ships or military aircraft with
sovereign immunity, operated for non-commercial purposes, undertaking
their normal mode of operations, and not engaged in activities
directed at underwater cultural heritage, shall not be obliged to
report discoveries of underwater cultural heritage under Articles 9,
10, 11 and 12 of this Convention. However States Parties shall
ensure, by the adoption of appropriate measures not impairing the
operations or operational capabilities of their warships or other
government ships or military aircraft with sovereign immunity
operated for non-commercial purposes, that they comply, as far as is
reasonable and practicable, with Articles 9, 10, 11 and 12 of this
Convention.
Article 14 &endash; Control of entry into the territory,
dealing and possession
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.
Article 15 &endash; Non-use of areas under the jurisdiction of
States Parties
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.
Article 16 &endash; Measures relating to nationals and vessels
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 underwater cultural heritage in a manner not in
conformity with this Convention.
Article 17 &endash; Sanctions
1. Each State
Party shall impose sanctions for violations of measures it has taken
to implement this Convention.
2.
Sanctions applicable in respect of violations shall be adequate in
severity to be effective in securing compliance with this Convention
and to discourage violations wherever they occur and shall deprive
offenders of the benefit deriving from their illegal activities.
3. States Parties
shall cooperate to ensure enforcement of sanctions imposed under this
Article.
Article 18 &endash; Seizure and disposition of underwater
cultural heritage
1. Each State
Party shall 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.
2. Each State
Party shall record, protect and take all reasonable measures to
stabilize underwater cultural heritage seized under this
Convention.
3. Each State
Party shall notify the Director-General and any other State with a
verifiable link, especially a cultural, historical or archaeological
link, to the underwater cultural heritage concerned of any seizure of
underwater cultural heritage that it has made under this
Convention.
4. A State Party
which has seized underwater cultural heritage shall ensure that its
disposition be for the public benefit, taking into account the need
for conservation and research; the need for reassembly of a dispersed
collection; the need for public access, exhibition and education; and
the interests of any State with a verifiable link, especially a
cultural, historical or archaeological link, in respect of the
underwater cultural heritage concerned.
Article 19 &endash; Cooperation and information-sharing
1. States Parties
shall cooperate and assist each other in the protection and
management of underwater cultural heritage under this Convention,
including, where practicable, collaborating in the investigation,
excavation, documentation, conservation, study and presentation of
such heritage.
2. To the extent
compatible with the purposes of this Convention, each State Party
undertakes to share information with other States Parties concerning
underwater cultural heritage, including discovery of heritage,
location of heritage, heritage excavated or recovered contrary to
this Convention or otherwise in violation of international law,
pertinent scientific methodology and technology, and legal
developments relating to such heritage.
3.
Information shared between States Parties, or between UNESCO and
States Parties, regarding the discovery or location of underwater
cultural heritage shall, to the extent compatible with their national
legislation, be kept confidential and reserved to competent
authorities of States Parties as long as the disclosure of such
information might endanger or otherwise put at risk the preservation
of such underwater cultural heritage.
4. Each State
Party shall take all practicable measures to disseminate information,
including where feasible through appropriate interna-tional
databases, about underwater cultural heritage excavated or recovered
contrary to this Convention or otherwise in violation of
international law.
Article 20 &endash; Public awareness
Each State Party shall take all practicable measures to raise
public awareness regarding the value and significance of underwater
cultural heritage and the importance of protecting it under this
Convention.
Article 21 &endash; Training in underwater archaeology
States Parties shall cooperate in the provision of training in
underwater archaeology, in techniques for the conservation of
underwater cultural heritage and, on agreed terms, in the transfer of
technology relating to underwater cultural heritage.
Article 22 &endash; Competent authorities
1. In order to
ensure the proper implementation of this Convention, States Parties
shall establish competent authorities or reinforce the existing ones
where appropriate, with the aim of providing for the establishment,
maintenance and updating of an inventory of underwater cultural
heritage, the effective protection, conservation, presentation and
management of underwater cultural heritage, as well as research and
education.
2. States Parties
shall communicate to the Director-General the names and addresses of
their competent authorities relating to underwater cultural
heritage.
Article 23 &endash; Meetings of States Parties
1. The
Director-General shall convene a Meeting of States Parties within one
year of the entry into force of this Convention and thereafter at
least once every two years. At the request of a majority of States
Parties, the Director-General shall convene an Extraordinary Meeting
of States Parties.
2. The Meeting of
States Parties shall decide on its functions and
responsibilities.
3. The Meeting of
States Parties shall adopt its own Rules of Procedure.
4. The Meeting of
States Parties may establish a Scientific and Technical Advisory Body
composed of experts nominated by the States Parties with due regard
to the principle of equitable geographical distribution and the
desirability of a gender balance.
5. The Scientific
and Technical Advisory Body shall appropriately assist the Meeting of
States Parties in questions of a scientific or technical nature
regarding the implementation of the Rules.
Article 24 &endash; Secretariat for this Convention
1. The
Director-General shall be responsible for the functions of the
Secretariat for this Convention.
2. The duties of
the Secretariat shall include:
(a)
organizing Meetings of States Parties as provided for in Article 23,
paragraph 1; and
(b)
assisting States Parties in implementing the decisions of the
Meetings of States Parties.
Article 25 &endash; Peaceful settlement of disputes
1. Any dispute
between two or more States Parties concerning the interpretation or
application of this Convention shall be subject to negotiations in
good faith or other peaceful means of settlement of their own
choice.
2. If those
negotiations do not settle the dispute within a reasonable period of
time, it may be submitted to UNESCO for mediation, by agreement
between the States Parties concerned.
3. If mediation is
not undertaken or if there is no settlement by mediation, the
provisions relating to the settlement of disputes set out in Part XV
of the United Nations Convention on the Law of the Sea apply mutatis
mutandis to any dispute between States Parties to this Convention
concerning the interpretation or application of this Convention,
whether or not they are also Parties to the United Nations Convention
on the Law of the Sea.
4. Any procedure
chosen by a State Party to this Convention and to the United Nations
Convention on the Law of the Sea pursuant to Article 287 of the
latter shall apply to the settlement of disputes under this Article,
unless that State Party, when ratifying, accepting, approving or
acceding to this Convention, or at any time thereafter, chooses
another procedure pursuant to Article 287 for the purpose of the
settlement of disputes arising out of this Convention.
5. A State Party
to this Convention which is not a Party to the United Nations
Convention on the Law of the Sea, when ratifying, accepting,
approving or acceding to this Convention or at any time thereafter
shall be free to choose, by means of a written declaration, one or
more of the means set out in Article 287, paragraph 1, of the United
Nations Convention on the Law of the Sea for the purpose of
settlement of disputes under this Article. Article 287 shall apply to
such a declaration, as well as to any dispute to which such State is
party, which is not covered by a declaration in force. For the
purpose of conciliation and arbitration, in accordance with Annexes V
and VII of the United Nations Convention on the Law of the Sea, such
State shall be entitled to nominate conciliators and arbitrators to
be included in the lists referred to in Annex V, Article 2, and Annex
VII, Article 2, for the settlement of disputes arising out of this
Convention.
Article 26 &endash; Ratification, acceptance, approval or
accession
1. This Convention
shall be subject to ratification, acceptance or approval by Member
States of UNESCO.
2. This Convention
shall be subject to accession:
(a) by States that are
not members of UNESCO but are members of the United Nations or of a
specialized agency within the United Nations system or of the
International Atomic Energy Agency, as well as by States Parties to
the Statute of the International Court of Justice and any other State
invited to accede to this Convention by the General Conference of
UNESCO;
(b) by territories which
enjoy full internal self-government, recognized as such by the United
Nations, but have not attained full independence in accordance with
General Assembly resolution 1514 (XV) and which have competence over
the matters governed by this Convention, including the competence to
enter into treaties in respect of those matters.
3. The instruments
of ratification, acceptance, approval or accession shall be deposited
with the Director-General.
Article 27 &endash; Entry into force
This Convention shall enter into force three months after the date
of the deposit of the twentieth instrument referred to in Article 26,
but solely with respect to the twenty States or territories that have
so deposited their instruments. It shall enter into force for each
other State or territory three months after the date on which that
State or territory has deposited its instrument.
Article 28 &endash; Declaration as to inland waters
When ratifying, accepting, approving or acceding to this
Convention or at any time thereafter, any State or territory may
declare that the Rules shall apply to inland waters not of a maritime
character.
Article 29 &endash; Limitations to geographical scope
At the time of ratifying, accepting, approving or acceding to this
Convention, a State or territory may make a declaration to the
depositary that this Convention shall not be applicable to specific
parts of its territory, internal waters, archipelagic waters or
territorial sea, and shall identify therein the reasons for such
declaration. Such State shall, to the extent practicable and as
quickly as possible, promote conditions under which this Convention
will apply to the areas specified in its declaration, and to that end
shall also withdraw its declaration in whole or in part as soon as
that has been achieved.
Article 30 &endash; Reservations
With the exception of Article 29, no reservations may be made to
this Convention.
Article 31 &endash; Amendments
1. A State Party
may, by written communication addressed to the Director-General,
propose amendments to this Convention. The Director-General shall
circulate such communication to all States Parties. If, within six
months from the date of the circulation of the communication, not
less than one half of the States Parties reply favourably to the
request, the Director-General shall present such proposal to the next
Meeting of States Parties for discussion and possible adoption.
2.
Amendments shall be adopted by a two-thirds majority of States
Parties present and voting.
3. Once adopted,
amendments to this Convention shall be subject to ratification,
acceptance, approval or accession by the States Parties.
4.
Amendments shall enter into force, but solely with respect to the
States Parties that have ratified, accepted, approved or acceded to
them, three months after the deposit of the instruments referred to
in paragraph 3 of this Article by two thirds of the States Parties.
Thereafter, for each State or territory that ratifies, accepts,
approves or accedes to it, the amendment shall enter into force three
months after the date of deposit by that Party of its instrument of
ratification, acceptance, approval or accession.
5. A State or
territory which becomes a Party to this Convention after the entry
into force of amendments in conformity with paragraph 4 of this
Article shall, failing an expression of different intention by that
State or territory, be considered:
(a) as a Party to this
Convention as so amended; and
(b) as a Party to the
unamended Convention in relation to any State Party not bound by the
amendment.
Article 32 &endash; Denunciation
1. A State Party
may, by written notification addressed to the Director-General,
denounce this Convention.
2. The
denunciation shall take effect twelve months after the date of
receipt of the notification, unless the notification specifies a
later date.
3. The
denunciation shall not in any way affect the duty of any State Party
to fulfil any obligation embodied in this Convention to which it
would be subject under international law independently of this
Convention.
Article 33 &endash; The Rules
The Rules annexed to this Convention form an integral part of it
and, unless expressly provided otherwise, a reference to this
Convention includes a reference to the Rules.
Article 34 &endash; Registration with the United
Nations
In conformity with Article 102 of the Charter of the United
Nations, this Convention shall be registered with the Secretariat of
the United Nations at the request of the Director-General.
Article 35 &endash; Authoritative texts
This Convention has been drawn up in Arabic, Chinese, English,
French, Russian and Spanish, the six texts being equally
authoritative.
Last update 15/11/01
Annex
Rules concerning activities directed at underwater cultural
heritage
I. General principles
Rule 1. The protection of underwater cultural heritage through in
situ preservation shall be considered as the first option.
Accordingly, activities directed at underwater cultural heritage
shall be authorized in a manner consistent with the protection of
that heritage, and subject to that requirement may be authorized for
the purpose of making a significant contribution to protection or
knowledge or enhancement of underwater cultural heritage.
Rule 2. The commercial exploitation of underwater cultural
heritage for trade or speculation or its irretrievable dispersal is
fundamentally incompatible with the protection and proper management
of underwater cultural heritage. Underwater cultural heritage shall
not be traded, sold, bought or bartered as commercial goods.
This Rule cannot be interpreted as preventing:
(a) the provision of
professional archaeological services or necessary services incidental
thereto whose nature and purpose are in full conformity with this
Convention and are subject to the authorization of the competent
authorities;
(b) the deposition of
underwater cultural heritage, recovered in the course of a research
project in conformity with this Convention, provided such deposition
does not prejudice the scientific or cultural interest or integrity
of the recovered material or result in its irretrievable dispersal;
is in accordance with the provisions of Rules 33 and 34; and is
subject to the authorization of the competent authorities.
Rule
3.
Activities directed at underwater cultural heritage shall not
adversely affect the underwater cultural heritage more than is
necessary for the objectives of the project.
Rule
4.
Activities directed at underwater cultural heritage must use
non-destructive techniques and survey methods in preference to
recovery of objects. If excavation or recovery is necessary for the
purpose of scientific studies or for the ultimate protection of the
underwater cultural heritage, the methods and techniques used must be
as non-destructive as possible and contribute to the preservation of
the remains.
Rule
5.
Activities directed at underwater cultural heritage shall avoid the
unnecessary disturbance of human remains or venerated sites.
Rule
6.
Activities directed at underwater cultural heritage shall be strictly
regulated to ensure proper recording of cultural, historical and
archaeological information.
Rule 7. Public access to in situ underwater cultural heritage
shall be promoted, except where such access is incompatible with
protection and management.
Rule
8.
International cooperation in the conduct of activities directed at
underwater cultural heritage shall be encouraged in order to further
the effective exchange or use of archaeologists and other relevant
professionals.
II. Project design
Rule 9. Prior to any activity directed at underwater cultural
heritage, a project design for the activity shall be developed and
submitted to the competent authorities for authorization and
appropriate peer review.
Rule
10.
The project design shall include:
(a) an evaluation of
previous or preliminary studies;
(b) the project
statement and objectives;
(c) the methodology to
be used and the techniques to be employed;
(d) the anticipated
funding;
(e) an expected
timetable for completion of the project;
(f) the
composition of the team and the qualifications, responsibilities and
experience of each team member;
(g) plans for
post-fieldwork analysis and other activities;
(h) a conservation
programme for artefacts and the site in close cooperation with the
competent authorities;
(i) a site
management and maintenance policy for the whole duration of the
project;
(j) a
documentation programme;
(k) a safety policy;
(l) an
environmental policy;
(m)
arrangements for collaboration with museums and other institutions,
in particular scientific institutions;
(n) report
preparation;
(o)
deposition of archives, including underwater cultural heritage
removed; and
(p) a programme for
publication.
Rule
11.
Activities directed at underwater cultural heritage shall be carried
out in accordance with the project design approved by the competent
authorities.
Rule
12.
Where unexpected discoveries are made or circumstances change, the
project design shall be reviewed and amended with the approval of the
competent authorities.
Rule
13.
In cases of urgency or chance discoveries, activities directed at the
underwater cultural heritage, including conservation measures or
activities for a period of short duration, in particular site
stabilization, may be authorized in the absence of a project design
in order to protect the underwater cultural heritage.
III. Preliminary work
Rule
14.
The preliminary work referred to in Rule 10 (a) shall include an
assessment that evaluates the significance and vulnerability of the
underwater cultural heritage and the surrounding natural environment
to damage by the proposed project, and the potential to obtain data
that would meet the project objectives.
Rule
15.
The assessment shall also include background studies of available
historical and archaeological evidence, the archaeological and
environmental characteristics of the site, and the consequences of
any potential intrusion for the long-term stability of the underwater
cultural heritage affected by the activities.
IV. Project objective, methodology and techniques
Rule
16.
The methodology shall comply with the project objectives, and the
techniques employed shall be as non-intrusive as possible.
V. Funding
Rule
17.
Except in cases of emergency to protect underwater cultural heritage,
an adequate funding base shall be assured in advance of any activity,
sufficient to complete all stages of the project design, including
conservation, documentation and curation of recovered artefacts, and
report preparation and dissemination.
Rule
18.
The project design shall demonstrate an ability, such as by securing
a bond, to fund the project through to completion.
Rule
19.
The project design shall include a contingency plan that will ensure
conservation of underwater cultural heritage and supporting
documentation in the event of any interruption of anticipated
funding.
VI. Project duration - timetable
Rule
20.
An adequate timetable shall be developed to assure in advance of any
activity directed at underwater cultural heritage the completion of
all stages of the project design, including conservation,
documentation and curation of recovered underwater cultural heritage,
as well as report preparation and dissemination.
Rule
21.
The project design shall include a contingency plan that will ensure
conservation of underwater cultural heritage and supporting
documentation in the event of any interruption or termination of the
project.
VII. Competence and qualifications
Rule
22.
Activities directed at underwater cultural heritage shall only be
undertaken under the direction and control of, and in the regular
presence of, a qualified underwater archaeologist with scientific
competence appropriate to the project.
Rule
23.
All persons on the project team shall be qualified and have
demonstrated competence appropriate to their roles in the
project.
VIII. Conservation and site management
Rule
24.
The conservation programme shall provide for the treatment of the
archaeological remains during the activities directed at underwater
cultural heritage, during transit and in the long term. Conservation
shall be carried out in accordance with current professional
standards.
Rule
25.
The site management programme shall provide for the protection and
management in situ of underwater cultural heritage, in the course of
and upon termination of fieldwork. The programme shall include public
information, reasonable provision for site stabilization, monitoring,
and protection against interference.
IX. Documentation
Rule
26.
The documentation programme shall set out thorough documentation
including a progress report of activities directed at underwater
cultural heritage, in accordance with current professional standards
of archaeological documentation.
Rule
27.
Documentation shall include, at a minimum, a comprehensive record of
the site, including the provenance of underwater cultural heritage
moved or removed in the course of the activities directed at
underwater cultural heritage, field notes, plans, drawings, sections,
and photographs or recording in other media.
X. Safety
Rule
28.
A safety policy shall be prepared that is adequate to ensure the
safety and health of the project team and third parties and that is
in conformity with any applicable statutory and professional
requirements.
XI. Environment
Rule
29.
An environmental policy shall be prepared that is adequate to ensure
that the seabed and marine life are not unduly disturbed.
XII. Reporting
Rule
30.
Interim and final reports shall be made available according to the
timetable set out in the project design, and deposited in relevant
public records.
Rule
31.
Reports shall include:
(a) an account of the
objectives;
(b) an account of the
methods and techniques employed;
(c) an account of the
results achieved;
(d) basic graphic and
photographic documentation on all phases of the activity;
(e)
recommendations concerning conservation and curation of the site and
of any underwater cultural heritage removed; and
(f)
recommendations for future activities.
XIII. Curation of project archives
Rule
32.
Arrangements for curation of the project archives shall be agreed to
before any activity commences, and shall be set out in the project
design.
Rule
33.
The project archives, including any underwater cultural heritage
removed and a copy of all supporting documentation shall, as far as
possible, be kept together and intact as a collection in a manner
that is available for professional and public access as well as for
the curation of the archives. This should be done as rapidly as
possible and in any case not later than ten years from the completion
of the project, in so far as may be compatible with conservation of
the underwater cultural heritage.
Rule
34.
The project archives shall be managed according to international
professional standards, and subject to the authorization of the
competent authorities.
XIV. Dissemination
Rule
35.
Projects shall provide for public education and popular presentation
of the project results where appropriate.
Rule
36.
A final synthesis of a project shall be:
(a) made public as soon
as possible, having regard to the complexity of the project and the
confidential or sensitive nature of the information; and
(b)
deposited in relevant public records.
The foregoing is the authentic text of the Convention duly adopted
by the General Conference of the United Nations Educational,
Scientific and Cultural Organization during its
thirty-first session, which was held in Paris and declared
closed the third day of November 2001.
IN WITNESS WHEREOF we have appended our signatures this 6th day of
November 2001.
The President of the General
Conference
The Director-General
Certified Copy
Paris,
Legal Adviser
United Nations Educational, Scientific and Cultural
Organization
Done in Paris this 6th day of November 2001 in two authentic
copies bearing the signature of the President of the thirty-first
session of the General Conference and of the Director-General of the
United Nations Educational, Scientific and Cultural Organization,
which shall be deposited in the archives of the United Nations
Educational, Scientific and Cultural Organization and certified true
copies of which shall be delivered to all the States and territories
referred to in Article 26 as well as to the United Nations.
