Convention
on the Protection of the Underwater Cultural Heritage
39° General Conference - Plenary Session:
87 States in favour, 4 against, 1 abstension*)
Paris, November 2nd, 2001
Article 1 ; Definitions
For the purposes of this Convention:
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) Installations 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 ; 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 ; 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 ; 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 ; 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 ; 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 ; 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 ; 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 ; 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 ; 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 ; 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 ; 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 ; 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 ; 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 ; 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 ; 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 ; 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 ; 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 ; 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 ; 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 ; 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 ; 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 ; 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 ; 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 ; 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 ; 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 ; 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 ; 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 ; 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 ; Reservations
With the exception of Article 29, no reservations may be made to this
Convention.
Article 31 ; 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 ; 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 ; 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 ; 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 ; 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.
*)
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