Mr Vusithemba Ndima Department of Arts and Culture RATIFICATION OF THE 2001 UNESCO CONVENTION ON THE PROTECTION OF UNDERWATER CULTURAL HERITAGE Presentation to the Select Committee on Education and Recreation, Arts & Culture 27 February 2008 HM043

TABLE OF CONTENT 1. Introduction 2. Background 3. Maritime Zones 4. Key provisions of the Convention 5. Reporting and notification 6. Interface NHRA and Convention 7. Consultation process 8. Outcome of Consultation 9. Challenges 10. Future Actions

INTRODUCTION The purpose of this presentation is to formally: Brief the Portfolio Committee on the process and objectives of ratifying the Convention. The UNESCO Convention on the Protection of Underwater Cultural Heritage was adopted on 2 November 2001 in Paris.

INTRODUCTION (2) Definition: Underwater cultural heritage (UCH) means all traces of human existence having a cultural, historical or archaeological character which have been partially or totally underwater, periodically or continuously for at least 100 years, such as sites, structures, buildings, artefacts, human remains, vessels, aircraft, other vehicles or any part thereof, their cargo or other contents, together with their archaeological and natural context. Exclusion: pipelines and cables on the seabed and other installations still in use shall not be considered as UCH.

INTRODUCTION(3) So far, 16 countries have ratified the Convention. Out of this number, 2 are African countries (Libya and Nigeria). DAC submitted a Cabinet Memorandum seeking approval for ratification in May 2007.

INTRODUCTION (4) The Committee for the social cluster (23 May 2007) recommended that Cabinet: approves the submission of the 2001 UNESCO Convention on the Protection of Underwater Cultural Heritage to Parliament for ratification; and notes the need for the Department of Arts and Culture to prepare relevant legislation in line with, among others, Articles 9 and 17 of the Convention with a view to implementing effectively the requirements of the Convention.

BACKGROUND The Convention provides a common definition of underwater cultural heritage to States Parties. It sets norms and standards for the protection of underwater cultural heritage with a view to preventing its looting, damage and destruction which are on the increase due to technical developments.

MARITIME ZONES Internal waters: all standing or flowing water on the surface of the land and all harbours Territorial waters: the sea within a distance of twelve nautical miles from the baselines of the Republic of South Africa Contiguous zone: the sea beyond the territorial waters but within a distance of twenty four nautical miles from the baselines of the Republic

MARITIME ZONES (2) Maritime cultural zone: the sea beyond the territorial waters, but within a distance of twenty four nautical miles from the baselines. In respect of objects of an archaeological or historical nature found in the maritime cultural zone, South Africa exercises the same rights and powers as it has in respect of its territorial waters Exclusive economic zone: the sea beyond the territorial waters, but within a distance of 200 nautical miles from the baselines of the Republic Continental shelf: the seabed and its subsoil that extend beyond the limits of its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin

KEY PROVISIONS OF THE CONVENTION It promotes in situ preservation of underwater cultural heritage for the benefit of humanity. The in situ preservation of underwater cultural heritage is considered as the preferred option; however South Africa’s unique coastline and marine environment must be taken into consideration. It provides protection for underwater cultural heritage older than 100 years (NHRA provides blanket protection for underwater cultural heritage older than 60 years).

KEY PROVISIONS OF THE CONVENTION (2) It provides for professional archaeology and salvage activities under prescribed guidelines (Art 4). The Convention makes provision for cooperation between and amongst state parties to the Convention. It will facilitate training in underwater archaeology, the transfer of technologies, information sharing, and public awareness of the value and significance of the underwater cultural heritage

KEY PROVISIONS OF THE CONVENTION (3) The Convention states that the commercial exploitation of UCH is fundamentally. incompatible with the protection and proper management of underwater cultural heritage. However, a close examination of the Convention reveals that this can be mitigated through regulated salvage Activities facilitated by an effective permit system, and supported by a national policy on underwater cultural heritage.

KEY PROVISIONS OF THE CONVENTION (4) Article 3: relationship between this Convention and the UN Convention on the Law of the Sea. Nothing in this Convention shall prejudice the rights, jurisdiction and duties of states under international law.

REPORTING AND NOTIFICATION The Convention sets out a system and process for the reporting and notification of UCH finds and discoveries. States parties to notify the DG on discoveries, activities within its territorial waters. The DG to promptly make available to all State parties any information notified to him. State parties may indicate to the state party on whose continental shelf the UCH is located its interest in being consulted on how to ensure effective protection of that UCH. A state party in whose EEZ UCH is located has a right to prohibit or authorize such activities shall consult all other state parties which have declared an interest. Coordinate such consultations as “coordinating state”.

INTERFACE NHRA AND CONVENTION Section 35(1): Protection of any wreck in the territorial waters and the maritime cultural zone shall be the responsibility of SAHRA, Section 35(3): Any person who discovers archaeological, palaeontological objects, or meteorite should immediately report the find to the responsible heritage authority, nearest local authority or museum. Section 35(4): No person may without a permit issued by the responsible heritage resources authority – (c) trade in, sell for private gain, export or attempt to export from the Republic any category of archaeological or palaeontological material, object or meteorite.

THE CONSULTATION PROCESS DAC had meetings in 2006 with: SAHRA SA UNESCO office Affected government depts, namely: Foreign Affairs, Justice and Constitutional Development, Environmental Affairs, SANDF and the S.A. Navy Maritime archaeologists Salvors DAC held a national consultative workshop in October 2006 to solicit input from stakeholders on the ratification of the Convention.

OUTCOME OF THE CONSULTATION PROCESS The consultation process came to the determination that South Africa should ratify the Convention. This will contribute to the protection of South Africa’s UCH, but with the provision that salvage Activities are allowed under strict guidelines and supervision from the South African Heritage Resources Agency (SAHRA). A draft national policy for underwater cultural heritage is being formulated by the Department of Arts and Culture to guide Activities in the sector.

CHALLENGES In situ preservation is ideal, but practically, it raises many challenges. SA sea conditions are rough and unpredictable. This means that gradually, UCH under SA waters is endangered by natural elements. Some of the shipwrecks contain valuable items such as gold, silver, porcelain, tin etc. This has tended to attract unwelcome attention from salvors who take out UCH for commercial exploitation. The problem with salvors, is that often most of their finds are not recorded.

CHALLENGES (2) The absence of capacity to monitor and enforce government policy is a serious challenge. Recently, SAHRA banned commercial salvation, however, due to lack of capacity to enforce that policy, salvors continued to excavate and sell objects found. DAC is currently working on a national policy, but is confronted with competing interests of salvors, archaeologists, national legislation and the requirements of the Constitution SA has less than 10 practicing archaeologists for the entire cost of more than 2500 km

FUTURE ACTIONS Once the Convention had been ratified, DAC will set up a system for reporting nationally and to UNESCO DG, as stated in the Convention. Government organs (e.g. DEAT, SANDF-Navy and the SAPS) need to work closely for the safeguarding of UCH. Need for constructive engagement of salvors, archaeologists, SAHRA and the Department. DAC working on a stand alone legislation on underwater Cultural heritage

Thank You