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About the Convention on the Protection of the Underwater Cultural Heritage

Wreck of the Jacques del Mar © T. Smith, UNESCO
The UNESCO Convention on the Protection of the Underwater Cultural Heritage, adopted in 2001, intends to enable States to better protect this heritage.
See for the text of the Convention.
Main lines
The Convention
- sets out basic principles for the protection of underwater cultural heritage;
- provides a detailed State cooperation system; and
- provides widely recognized practical Rules for the treatment and research of underwater cultural heritage.
The Convention consists of a main text and an annex, which sets out the "Rules for activities directed at underwater cultural heritage".
Main principles
- Obligation to Preserve Underwater Cultural Heritage - States Parties should preserve underwater cultural heritage and take action accordingly. This does not mean that ratifying States would necessarily have to undertake archaeological excavations; they only have to take measures according to their capabilities. The Convention encourages scientific research and public access.
- In situ Preservation as a Preferred Option - The in situ preservation of underwater cultural heritage (i.e. in its original location) should be considered as the first and preferred option before allowing or engaging in any activities. The recovery of objects may be authorized for the purpose of making a significant contribution to the protection of, or knowledge about, underwater cultural heritage.
- No Commercial Exploitation - The 2001 Convention stipulates that underwater cultural heritage should not be commercially exploited for trade or speculation, and that it should not be irretrievably dispersed. This regulation is in conformity with the moral principles that already apply to cultural heritage on land. It is not to be understood as preventing archaeological research or tourist access.
- Training and Information Sharing - Many States do not yet have sufficiently trained underwater archaeologists. The Convention therefore encourages training in underwater archaeology, the transfer of technologies and the sharing of information.
No regulation of ownership or sovereignty rights
The 2001 Convention neither regulates the ownership of wrecks nor does it intend to change the sovereignty rights of States.

