Ratification of the 2001 UNESCO Convention on the Protection of Underwater Cultural Heritage

1. RATIFICATION OF THE 2001 UNESCO CONVENTION ON THE PROTECTION OF UNDERWATER CULTURAL HERITAGE Presentation to the Portfolio Committee on Arts & Culture 19 February 2008 Mr Themba Wakashe Director-General: Department of Arts and Culture HM043

2. TABLE OF CONTENT 1.Introduction 2. Background 3. Key features of the Convention 3. Consultation 4. Outcome of Consultation 5. Challenges 6. Future Actions

3. 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 2001in Paris.

4. Introduction(2) • 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.

5. INTRODUCTION (3) 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.

6. Background • The Convention provides a common definition of underwater cultural heritage to States Parties • It sets norms and standardsfor 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

7. KEY PROVISIONS OF THE CONVENTION • It promotes in situ preservation of underwater cultural heritage for the benefit of humanity. The in situpreservation 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)

8. 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 publicawareness of the value and significance of the underwater cultural heritage

9. 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

10. 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

11. The Consultation Process (2) • DAC held a national consultative workshop in October 2006 to solicit input from stakeholders on the ratification of the Convention

12. 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.

13. 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 is endangered by natural elements. • Some of the shipwrecks contain valuable items such as gold, silver, porcelain 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.

14. 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

15. 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

16. ThankYou