UNESCO responds to the discovery of the H.M.S. Victory

On the 5th February UNESCO through its Director-General, Koichiro Matsuura, issued the following statement following the press release of Odyssey Marine Exploration Inc. on the 2nd February.

“I am delighted that such an exceptional example of underwater heritage has been located. The cultural and scientific value of this artefact is considerable... In the spirit of the Convention adopted by UNESCO in 2001, I trust that all parties concerned will take the necessary measures to ensure this important vestige of British naval history is safeguarded and given appropriate attention, not used for commercial gain.”

The press release and statement went on to indicate that the United Kingdom had not joined the States Parties to date, but it had expressed its willingness to comply with the Convention’s Annex, which establishes ethical and scientific Rules, widely recognized by archaeologists, for activities directed at underwater sites.

The Rules notably state that commercial exploitation of underwater cultural heritage for trade or speculation is fundamentally incompatible with its protection and proper management. They do allow, however, for work by professional archaeological services in conformity with recognized ethical and scientific rules, and subject to the authorization of competent national authorities.

The Convention aims to ensure more effective safeguarding of submerged shipwrecks and ruins. It represents the international community’s response to the increased looting and destruction of underwater cultural heritage, which is becoming ever more accessible to treasure hunters. It does not arbitrate ownership claims concerning shipwrecks nor does it prejudice the jurisdiction or sovereignty of States under maritime law.

The first meeting of the States Parties to the Convention is on the 26th and 27th March. The general philosphy not to mention the rules laid out in the Annex to the Convretion would appear to have been disregarded to date if one is to believe what is reported in connection with the discovery of the H.M.S. Victory. It shall not be too difficult to predict the agenda and general discussion at the inaugral meeting.