18 10 700 https://apconf-much.org/proceedings/files/original/77672662d9c01da33bb028fc65000c93.pdf b6d1299224c66e8e489a69f59c34a38c PDF Text Text Who Were the Africans in Eastern Asia? : The Christian European Period 1500-1900 AD Clifford Pereira Royal Geographical Society cliffjpereira@hotmail.com Abstract Seaways, especially monsoonal ones, allow movement on two directions. However Eurocentric approaches have tended to create hierarchies of cultures which have biased movements in particular directions to the historical exclusion of some narratives. This is a fresh look at a cultural connection from a perspective that has evaded investigation and seeks to balance the research on Chinese interactions with Africans in Africa. Africans have been trading with Asia for hundreds of years, yet their history and presence in East Asia has been barely suggested or investigated. The role of African crewmen is an important part of this narrative and one that brings a new dimension (if not challenges) to ethnographic studies of maritime cultural landscapes and seascapes. Key words: Africa, China, interactions, exchange, ethnography Introduction In this paper an African is defined as a person whose ancestors were born in Africa, Therefore discourse not limited to people who are perceived or perceive themselves as Black or indeed Black African. Eastern Asia is defined as the territory roughly east of a line 92⁰ East of the Meridian to 146⁰ East, that is inclusive of Japan, North and South Korea, Taiwan, the Philippines, China and both mainland and maritime Southeast Asia. The paper proposes to answer four fundamental yet simple questions: 1) Who were the Africans that came to Eastern Asia (Origins)? 2) How did they get to Eastern Asia (Routes)? 3) What were they known as in Eastern Asia and why (Exonyms)? �4) What was the nature of their lives in Southeast Asia (Socio-economic and Political Agency)? After intense research on the lengthy topic of Africans in Eastern Asia, much of it from African perspectives, taking in important research evidenced by Timothy Powers (2010 and 2012), Li Anshan (2015), George Hatke (2013), Jacques Gernet (1999), William Clarence-Smith (2006), de Verre Allen (1993), John Sutton (1990), Marina Tolmacheva (1993), Louise Levathes and Shihan de Silva Jayasuraya (2008a and 2008b) a possible chronological framework consisting of four periods based on the above criteria was produced: 1) The Hindu-Buddhist Asian period 300BC-700 AD. 2) The Islamic Asian period 700-1500 AD 3) The Christian European period 1500-1900 AD 4) The Modern Period 1900-2000 AD. It is impossible to cover such an immense timeframe within this paper; however, a concise bibliography is included for reference and future research. This paper will concentrate on the evidence provided for period 3, which has been termed ‘The Christian European period 1500-1900 AD’ for the simple reason that the majority of the evidence for this period is from European sources. The paper examines this and other available evidence before reaching the conclusion. The Evidence Prior to the sixteenth century, Africans that were not Christians or Muslims were regarded as infidels or Qaffiri (‫كافر‬, singular) by the Arabs and Persians in Africa and in India (Pankhurst, 2003) and were allowed by the tenants of Islam to be enslaved. Generally, Christians in the Horn of Africa were mainly from the Amhara, Tagaru (or Tigrayna) people, and Muslims were from the coastal Tigre, Tagaru, Afar and Somali peoples. The major �pagan peoples at this time were mainly Oromoo and Sidama. All of these were Cushitic speakers. The coastal peoples were in-part the descendants of the Axumites – an important African maritime people. Research has already established that the main flow of Africans in the Islamic Asian period 700-1500 AD (including the Tang, Yuan and Early Ming Dynasties) was ultimately from the Horn of Africa and along the Maritime Silk Route to Eastern Asia (Pankhurst, 2003 and Powers, 2010). This trend continued into the sixteenth century when the majority of Africans arriving in India, including pre-Portuguese Goa came through the port of Zeila which was the main exporter enslaved pagan Oromoo and free Abyssinians destined for India where they were called Habshis (Pankhurst, 2003) and this is confirmed by Linschoten (2005) ‘there are many Arabians and Abexiins in India’ and he notes that ‘there are many of them [Abexiins] in India that are captives and slaves’. From the sixteenth century European records provide evidence of African presence in East Asia, starting in succession with the Portuguese, Spanish, Dutch, English and the finally the French. Portuguese experiences in the Iberian Peninsula and in the Maghreb, had led them to describe all Muslims as Mouros or Moors. They understood that the process of Arabisation meant that Arabs were not a race, but a people. Arriving in East Africa in 1498 the Portuguese regarded the Muslim people that they encountered on the coast (i.e. Arab, Persian, Somali and Swahili) all as Moors – a term that they extended with their travels right across the Indian Ocean to the spice-producing Sultanates of the Malukas and Southern Philippines. Mistrust and trading necessities meant that they were reluctant to enslave these Moors. In fact, vastly �outnumbered and economically reliant on these Muslims produced a ‘keep your enemies close’ approach. After the Portuguese established themselves in Southeast Africa (modern day Mozambique) enslaved Africans increasingly came from through Mozambique Island which they held from 1507, but this trade was still far below the Arab-Persian trade from the Horn of Africa. The Portuguese were quick to adopt the Arabic term as Kaffirs or Cafres for the enslaved pagan Africans as a trading commodity, a labour force, militia, and a prospective Catholic convert (de Silva Jayaruraya, 2008a). There were in Goa ‘Many Persians, Arabians and Abexijns, some [of them] Christians and some [of them] Moors’. Linschoten (2005) notes the tattoos that identify the Christians and makes it clear that ‘these Abexiins… such as are free doe serve in al India for sailors and seafaring men with such merchants as sailed from Goa to China, Japon, Bengala, Mallaca, Ormus and all the Oriental coast.’ Linschoten explains that after arriving in India the Portuguese sailors are ‘ashamed to live in that order and think it is a great discredit unto them’. Interestingly he also explains that the Abexiins are hired on low wages and travel with their wives under a Portuguese Captain but possibly an Arab boatswain who oversees the Abexiins. Charles Boxer (1997), historian of the Portuguese Empire noted that ‘Portuguese shipping in the inter-port trade of Asia was increasingly operated from the days of Albuquerque onwards, by Asian seamen working under a very few white or Eurasian officers. Even the great carracks of 1,000-2,000 tons which plied between Goa, Macao and Nagasaki might be entirely crewed by Asians and negro slaves’. However �Boxer is incorrect. The reputation of the Christian and Muslim Abyssinians as good sailors was widespread, though the enslaved Abexiin were actually animist (i.e. kaffir) Oromoo tribesmen, who had a strong military tradition and were often good horsemen. In several areas of the Indian Ocean and Western Pacific, piracy was endemic and Africans were rare enough for their presence to cause fear. It was therefore wise for the Portuguese to man their ships with Abexiin crew and for the Jesuits to have kaffir retainers and body guards. This explains the Africans arriving in Macau from the 1550’s on Portuguese ships and those depicted on the Japanese Nanban Byobu (southern Barbarian folding screens) in Japan. In Siam (Thailand) King Chairacha entered relations with the Portuguese and allowed a trading and religious presence at Ayutthaya. In 1538 as an assurance against Burmese invasion and eager for Portuguese military technology he requested that the Portuguese actually retain a military presence which resulted in 130 Portuguese men being based in the established Portuguese settlement. Bearing in mind the paucity of Portuguese men in Asia, it could well be that many of these “Portuguese” were in fact Africans. There were definitely Japanese and Chinese Christians, and other Luso-Asians at the settlement which lasted until 1767 when the Burmese destroyed Ayutthaya. During the early years in Goa the Jesuits employed slaves, and the Church Provincial Council of 1567 laid down precise rules for the keeping of slaves (Borges, 1994). Though in reality this was not the case in Eastern Asia. Perhaps the best known African of this period in East Asia was the one called Yasuke, who was an African retainer of the Japanese warlord Oda Nobunaga (1534-1582). Yasuke appears to have arrived in Japan in 1579 as part of the entourage of the Jesuit Visitor Alessandro �Valignano. It was Nobunaga who gave the African the name Yasuke (Lockley, 2017). Both free and bonded helpers were members of the domestic staff of the Jesuits in the Japan Province, the majority of the former were Japanese, while the enslaved ones were Africans, Indians, Malays, Koreans or Japanese (Borges, 1994). Another African is mentioned in Japanese sources as a gunner in the service of Arima Harunobu in 1584. The unification of the Portuguese and Spanish crowns between 1580 and 1640 resulted in the wars with the Dutch and ultimately the downfall of the Portuguese Eastern Empire. The same wars resulted in an acute shortage of soldiers throughout the seventeenth century. But the Portuguese considered sepoys (Indian soldiers) as physically unfit and preferred the more robust African soldiers (Sequeira-Antony, 2004). By the early seventeenth century, slaves were the largest non-Goan group living in the city of Goa, most of these were Africans who had come through Mozambique Island and other parts of Eastern Africa, and the rest were Asians. They served as caretakers, guards, servants, concubines and artisans. From Goa slaves were shipped to other Portuguese settlements and even to Lisbon (Borges, 1994). The first recorded African to enter the territory of modern South Korea was a personal servant attached to the Portuguese trader João Mendes, who was on a Japanese vessel blown off course by a typhoon while travelling between Phnom Penh and Nagasaki. They drifted on to the island of Tong Yong in 1604. It appears that João Mendes was on a diplomatic mission for Shogun Tokugawa Ieyasu (1543-1616) to the Khymer Kingdom (Kim, 2008). There was a Portuguese merchant and a Jesuit presence at Hoi An in Vietnam, but no substantial research has been done on the community to confirm an African presence. �Friar Domingo Navarette recorded the presence of African soldiers in Guangzhou in 1618 and confirmed that they were runaways from Macau (de Silva Jayaruraya, 2008a). In 1622 enslaved Africans defended the Portuguese base at Macau which the Dutch attacked with a force of 13 ships and 1300 men. The Portuguese numbered only 150 – two thirds of which were residents, mostly mestiços. Additionally there were Jesuit artillerist and decisively up to 100 armed African slaves. There are also observations in 1637 of the few Portuguese cavalleros (horsemen) being accompanied by Africans servants dressed in expensive red damask bearing lances on which were placed the crests of the Portuguese families. It appears that there were two Africans in Macau who acted as interpreters between the Portuguese and the Chinese. One of these, Antonio was a ‘Capher Eathiopian Abissen’. The other is described as a ‘Chincheo runaway from the Portugal’s at Macau’. He was therefore an enslaved African who had escaped from Macau possibly to the Chenghai District of Eastern Guangdong Province. Both men appear to have learnt Cantonese and therefore to have been in Southern China for some time (Pankhurst, 2003). By the time Portugal gained her independence from Spain in 1640 as many as 5000 Africans lived in Macau and there were even special masses for their wives. They were employed mainly as enslaved personal servants to the men, as labourers and guards or soldiers. Enslaved Chinese females were preferred as household maids, cooks, wet-nurses and personal servants to the ‘Portuguese’ wives who were often mestiços (de Silva Jayaruraya, 2008a). By the early Qing Dynasty (1644-1912) Africans were definitely present in small numbers in Guangdong province as well as at Macau (de Silva Jayaruraya, 2008a). In 1651 the Governor of Macau requested ‘Negro’ soldiers rather than Mestiços from India (de �Silva Jayaruraya, 2008b). Friar Domingo Navarette again recorded the presence of African soldiers in Guangzhou in 1686 (de Silva Jayaruraya, 2008a). According to Brother José de Jesus, in 1745 there were in Macau: ‘twelve thousand men who at the same time dwelt there […] between Portuguese, half-castes, Nhons [Japanese], Malays, Canarins [Goans], Timorese, Mozambicans [Mixed heritage from Mozambique Island], Malabars, Moors [Muslims], Kaffirs [Non-Muslim Africans], and other nations……’ (Puga, 2013). No information is available on the African presence in Spanish Formosa (1626-1642). The people of the Philippine islands had their own form of slavery before the arrival of the Spanish. In Tagalog these were called alipin. Africans must have arrived on the Spanish vessels across the Pacific from Acapulco as sailors, servants and slaves. The Spanish in the Philippines initially had their local Asian slaves, but in 1586 Philip II of Spain proposed to slowly eliminate enslavement of his Spanish Indies subjects by requesting all children to be born free and banning new slave purchases. The laws proved very successful but started a trend of purchasing foreigners (including Indians, Chinese and Malays, Koreans and Japanese) who were not subject to the king’s laws. The Portuguese seized the trading opportunity and brought enslaved Africans from the Indian Ocean for sale to the Spanish in the Philippines, these were known as esclavavos negros (negro slaves). By 1621 Africans constituted about a third of the Intramuros population at Manila. A Little work has been done on the African presence in the Spanish Indies in the Marianas which suggests an African presence from at least 1602. With the termination of Portuguese interaction, Africans disappear after 1640 and for the entire Tokugawa period. However, it would be interesting to know of any �evidence of Africans resident at Hirado or Deshima, or in Taiwan attached to the Dutch presence in the East Indies. While the European trade in Africans from the Horn of Africa decreased the late eighteenth century saw Africans sold at Mozambique Island arriving at Macau through the Portuguese colonies of Diu, Damman and Goa. One of the traders was a Portuguese called Joaquim do Rosario Monteiro (Machado, 2003). There is no information on Africans in the Maluku Islands. Considering their troubled history and the use of Africans as soldiers in Sri Lanka by the Dutch since the mid-seventeenth century one would expect some African presence in the region. Between 1831 and 1842 the Dutch attempted to recruit no fewer than 2,200 Africans for service in their colonial army, primarily in the Dutch East Indies. In the end they only contracted 44 men from Elmina Castle (Ghana). But another push for men recruited from Kumasi, mainly from non-Ashanti peoples in the North of present-day Ghana produced 2,200 men serving 15-year contracts. While a second attempt among the Ashanti produced 235 men. A consequence was that this militia was composed of men from different ethnic groups that spoke different languages. Mistrust among them was a challenge to the Dutch. To ensure against a mutiny the Dutch distributed them into separate companies and battalion. It appears that African liaisons with the Javanese and Sumatrans resulted in many of them being more fluent in Malay then Dutch. This gave them an advantage when organising themselves and making demands for equal pay or better living standards. By December 1841 there were 1,318 Africans in the Koninklijk Nederlandsch-Indisch Leger (Royal Netherlands-Indies Army). Recruitment had been vastly reduced at Africa, but in 1850 The Dutch �decided to resume African military recruitment in Elmina and 800 were recruited between 1860 and 1872, mainly from the Ashanti. In the Indies they were known by the term Londo Ireng in Javanese or Belinda Hitam (Black Dutch) in Malay. This recruitment ended in 1872 when Britain took over the Dutch possessions in the Gold Coast (i.e. Ghana), but many of these Africans stayed in Indonesia (mainly in Java) and married Malay women. They also had their own area of Purworejo called Kampung Afrikan. Here the community retained its distinct Afro-Indonesian culture. Soldiers who lived in other areas and were simply assimilated into Indonesian societies (van Kessel, 2008). Around 1879 the Portuguese Governor of Timor had a battalion which included 200 Africans who the Timorese called Falikas. The 1881 census of Singapore includes Africans though their numbers were small (de Silva Jayaruraya, 2008a). Conclusion Initially most of the Africans who came to Eastern Asia on board Portuguese ships where from the present day Ethiopia and Eritrea, including the Tigre and Tagaru crewmen and pagan Oromoo or Sidama. Then increasingly from the seventeenth century onwards Africans came from among the Makua, Yao/Nyanja, and Maravi, of Mozambique, Malawi and Zimbabwe though the island of Mozambique from the seventeenth centuries. Africans arriving with the Dutch in the eighteenth and nineteenth centuries initially came from West Africa, among the Akan and Dagbane language groups in modern day Ghana, Burkina Faso. There may have been a few Malagasy boarded at Cape Town. �Three distinct routes to East Asia for enslaved Africans can be discerned; the first and oldest route is from Zeila to Oman or Hormuz and on to the Gujarat on Arab Persian or Gujarati vessels. After purchase in Gujarat the route was through Goa to Macau and then to any Portuguese or Spanish port. From around 1600 the route was entirely on Portuguese vessels from Mozambique Island to Macau via Goa. The nineteenth century Dutch route was from Elmina in Ghana to Cape Town and directly to Batavia on Dutch vessels. This period stands in stark contrast to previous ones for Africans and other people of colour arriving in Eastern Asia. Formally Africans had arrived as envoys, merchants, soldiers and slaves into a realm that was composed roughly of the same elements of stratified society that existed in Eastern Asia. But the arrival of Africans with the Europeans was different. Africans of this period (1500-1900) arrived on European ships as sailors under European captains, or often in the entourage of the European merchants, and Jesuit missionaries. The Chinese used the term Gui-nu (Ghost-slave) for Africans, or in Cantonese Gui-lo (ghost man). In Japanese Africans were called Kurobo (Lockley, 2017) or Kuronbo in the Nagasaki dialect (Screech, 2017). So the Africans often arrived in a position subservient to Europeans who themselves were perceived, at least by the Chinese and Japanese, as Southern barbarians (Nanbanjin in Japanese) and therefore below the status of the Chinese and Japanese. This is perhaps most evident in the seventeenth century use of the Cantonese term Gui-Nu (ghost-slave) for Africans in Guanghzhou, but also in the Japanese term Kuronbo (black novice monk). Both of these terms place the Africans as �subservient to the Europeans. The range of this servitude from novice or page to slave reflected the reality. African features and physique were clearly admired for strength (Lockley, 2017), however the subservient status that Africans held almost everywhere in Eastern Asia (in contrast to South Asia) fed into indigenous concepts of colour based on working status, caste, or in the case of the Burmese, Thais, Filipinos and Taiwanese on the perception of subjugated peoples such as the Mons, Khymers, enslaved Ternate Islanders, Taiwanese Aboriginals or Philippine Aboriginals (Blussé, 2009) who they thought of as Blacks. With the exception of Korea, Japan and much of China, Asians themselves would be colonised by Europeans adding to the stigma of dark colour, and its association with race, enhanced by the Atlantic Slave Trade and Euro-American concepts of racism. Nevertheless, the adoption of Catholicism brought the Africans some support from the Catholic Church that effectively managed the civic life of both Portuguese and Spanish Asia. Friar Domingo Navarrete mentioned the wives of the “negroes” in Macau at mass, and in 1637 Peter Mundy mentions that these wives were Chinese slaves. So legitimate intermarriage between Africans and Chinese took place in Macao (de Silva Jayasuraya, 2008) and the resulting Afro-Chinese were absorbed in the Macanese community. Little work has been done on the African presence in the Philippines or in the Marianas, but presumably the same Catholic system was at work. It seems that during the sixteenth and seventeenth centuries the largest concentration of Africans in Eastern Asia was at Portuguese Macau. Of course Macau was governed from Goa which was the terminus of all �Asian trade to and from Europe via Mozambique Island, and the African presence in both cities continues to the present day. But foci shifted to the Dutch city of Batavia in the nineteenth century. Africans arriving with the Dutch were concentrated in the Batavia area, where they served the Royal Dutch Indies Army. They married Indonesian and Luso-Indonesian women and settled mainly in Java. In 1965 when Indonesia gained independence the Belinda Hitam were offered Dutch citizenship and immigrated to the Netherlands. Little work has been done on the African presence prior to the twentieth century in French Indo-China (Laos, Cambodia and Vietnam). Acknowledgements I owe a special debt of gratitude to Dr. Shihan De Silva Jayasuraya (London), Dr.Thomas Lockley (Tokyo), and Dr. Ineke Van Kessel (Lieden). References Anshan, L., 2015. African diaspora in China: reality, research and reflection. The Journal of Pan African Studies, Vol.7 (10): 10-43. Blussé, L., 2009. The cave of the black spirits: searching for a vanished people. In D. Blundell (Ed.), Austronesian Taiwan: Linguistics, History, Ethnology, Prehistory, Rev. Ed., University of California, Berkeley: 134152. Borges, C. J., 1994. The Economics of the Goa Jesuits, 1542-1759. Concept Publishing Company, New Delhi. Botas, J. F. O., 2016. Macua 1937-45: living on the edge, economic management over military defences. In G. Gunn (Ed.), Wartime Macau: Under the Japanese Shadow, Hong Kong University Press, Hong Kong: 55-71. �Boxer, C. R., 1997. The Portuguese Seaborne Empire 1415-1825. Carcanet, Lisbon. Clarence-Smith, W. G., 2006. Islam and the Abolition of Slavery. C. Hurst and Company, London. de Silva Jayasuriya, S., 2008a. African Identity in Asia: Cultural Effects of Forced Migration. Marcus Wiener Publishers, Princeton. de Silva Jaysuriya, S., 2008b. Identifying Africans in Asia. In S. de Silva Jaysuriya and J-P. Angenot (Eds.), Uncovering the History of Africans in Asia, Brill, Leiden: 7-36. de Verre Allen, J., 1993. Swahili Origins. East African Educational Publishers, Nairobi. Gernet, J., 1999. A History of Chinese Civilisation. Cambridge University Press, Cambridge. Gibb, H. A. R., 1962. The Travels of Ibn Battuta A.D. 1325-1354. Cambridge University Press, Cambridge. Hatke, G., 2013. Aksum and Nubia: Warfare, Commerce and Political Fictions in Ancient Northeast Africa. New York University Press, New York. Kim, B. R., 2008. African presence in Korea. In K. K. Prasad and J-P. Angenot (Eds.), Tadia: The African Diaspora in Asia Explorations on a Less Known Fact, Jana Jagrati Prakashana, Bangalore: 435-444. Levathus, L., 1994. When China Ruled the Seas :The Treasure Fleet of the Dragon Throne, 1405-1433. Oxford University Press, Oxford. Linschoten, J. H., 2005. The Voyage to the East Indies, Vol. 1. Elibron Classics, London. �Lockley, T., 2017. 『信長と弥助：本能寺を生き延びた黒人侍 (Nobunaga and Yasuke: The Black Samurai Who Survived the Homoji)』 Ohta Publishing, Tokyo. Mach, J., 1986. Madagascar : Island of the Ancestors. British Museum Publications, London. Machado, P., 2004. A forgotten corner of the Indian ocean: Gujarati merchants, Portuguese India and the Mozambique slave trade, 17301830. In G. Campbell (Ed.), Structure of Slavery in the Indian Ocean, Africa and Asia, Routledge, London: 17-32. Pankhurst, R., 2003. The Ethiopian diaspora to India: the role of Habshis and Sidis from medieval times to the end of the eighteenth century. In S. de Silva Jayasuraya and R. Pankhurst (Eds.), The African Diaspora in the Indian Ocean, Africa World Press, Asmara:189-221. Pereira, C. J., 2008. Nineteenth century European references to the African diaspora in the Arabian peninsula. In S. de Silva Jaysuriya and JP. Angenot (Eds.), Uncovering the History of Africans in Asia, Brill, Leiden: 121-129. Pereira, C. J., 2012. Zheng He and the African horizon: an investigative study into the Chinese geography of early fifteenth-century eastern Africa. In Chia Lin Sien and S. Church (Eds.), Zheng He and the Afro-Asian World, Melaka Museums Corporation, Melaka: 248-279. Powers, T., 2010. The Red Sea Region during the ‘Long’ Late Antiquity, AD 500-1000. D.Phil. Thesis, University of Oxford. Powers, T., 2012. The Red Sea from Byzantium to the Caliphate, AD 5001000. The American University in Cairo Press, Cairo. Puga, M. G., 2013. The British Presence in Macau 1635-1793. Hong Kong University Press, Hong Kong. �Screech, T., 2017. The image of the black in Japanese art: from the beginning to 1850. In D. Bindman, S. P. Blier and H. L. Gates Jr. (Eds.), The Image of the Black in African and Asian Art. Harvard University Press, Cambridge: 235-340. Sequeira Antony, P., 2004. The Goa-Bahia Intra-Colonial Relations 16751825. Institute for Research in Social Sciences and Humanities MESHAR, Tellichery. Sutton, J., 1990. A Thousand Years of East Africa. British Institute of Eastern Africa, Nairobi. Tolmacheva, M., 1993. The Pate Chronicle. Michigan State University Press, East Lansing. van Kessel, I., 2008. Becoming Black Dutchmen: West African Soldiers in the Dutch East Indies. In K. K. Prasad and J-P. Angenot (Eds.), Tadia: The African Diaspora in Asia Explorations on a Less Known Fact, Jana Jagrati Prakashana, Bangalore: 361-381. Biography Clifford Pereira is a Historical Geographer specialising in ‘hidden histories’ and migrations from and within the Indian Ocean World. A graduate of Geography and Asian Studies from the University of Ulster, he is a long-term fellow of the Royal Geographical Society (with IBG), where he was also curator, consultant and facilitator on outreach projects (2006-2013). Pereira was Honorary Research Assistant with Royal Holloway, University of London (2010-2013), and Visiting Assistant Researcher for Dalian Maritime University, China (2011-2015). He is currently a Researcher on the African collection of the Museum of Anthropology (MOA) at UBC, Canada and specialist researcher and for the international heritage consultancy firm Barker-Langham, London (2008-Present). � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource 2017 Session 6: History and Current Trends of Underwater Archaeology around East Asia Description An account of the resource East Asia is extremely rich in underwater cultural heritage, such as conventional shipwrecks under the sea, submerged settlement sites on the bottoms of inland lakes and rivers, or prehistoric shell mounds along coastal zones. For instance, the medieval or post-medieval aged wrecks and their cargos have recently been discovered one after another in the waters, or the underwater cultural heritage or seascape of stone tidal weir is a common cultural trait to the Ryukyu archipelago, western Japan, southern Korea, mainland China, and Formosa, which surround the East China Sea or a northern part of the Asian Mediterranean. No East Asian nation has ratified the UNESCO 2001 Convention, partly because it does not exactly correspond with oriental philosophy, it does not properly resolve the controversial issues upon sovereign immunity of warship wrecks, and so forth. Occasionally, the principle of preservation in situ in the convention has not been the first choice as Asian waters have poor water clarity generally. Nevertheless, each country has already moved forward with its own underwater archaeological policies and projects both on governmental and grassroots levels. Some activities are in close cooperation with foreign institutions or universities. In East Asia, document-based historical study or terrestrial archaeology has a long tradition, which has had a noteworthy impact upon underwater archaeology and its methodology. Even in this region as well as in other Pacific areas, contrariwise, the technological advancement in underwater survey has remarkably been made recently; using remote-sensing with satellites, robotics for ROVs or AUVs, or 3D photogrammetry by computer software mitigates or cancels the limitations regarding accessibility and working time caused by underwater environment. The tie between such modern technologies and archaeology has minted new applications and perspectives of underwater cultural heritage study. The multi-disciplinary or holistic approaches are increasingly more and more necessary among Asian researchers. Creator An entity primarily responsible for making the resource Akifumi Iwabuchi Tokyo University of Marine Science and Technology, Japan Kotaro Yamafune APPARATUS, LLC, Japan Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Who Were the Africans in Eastern Asia? : The Christian European Period 1500-1900 AD Description An account of the resource Seaways, especially monsoonal ones, allow movement on two directions. However Eurocentric approaches have tended to create hierarchies of cultures which have biased movements in particular directions to the historical exclusion of some narratives. This is a fresh look at a cultural connection from a perspective that has evaded investigation and seeks to balance the research on Chinese interactions with Africans in Africa. Africans have been trading with Asia for hundreds of years, yet their history and presence in East Asia has been barely suggested or investigated. The role of African crewmen is an important part of this narrative and one that brings a new dimension (if not challenges) to ethnographic studies of maritime cultural landscapes and seascapes. Creator An entity primarily responsible for making the resource Clifford Pereira Publisher An entity responsible for making the resource available The Museum of Underwater Archaeology Date A point or period of time associated with an event in the lifecycle of the resource 11/24/2017 Rights Information about rights held in and over the resource Clifford Pereira Asia-Pac Session 6 2017 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Breaking Barriers: Travel and the State in Early Modern Japan Creator An entity primarily responsible for making the resource Constantine Nomikos Vaporis Publisher An entity responsible for making the resource available Harvard University Asia Center Date A point or period of time associated with an event in the lifecycle of the resource 1995-03-01 Type The nature or genre of the resource Book Zotero Author Constantine Nomikos Vaporis Item Type Book ISBN 0674081072 Date A point or period of time associated with an event in the lifecycle of the resource 1995-03-01 Library Catalog Amazon.com Publisher An entity responsible for making the resource available Harvard University Asia Center Short Title Breaking Barriers Title A name given to the resource Breaking Barriers: Travel and the State in Early Modern Japan Japan Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Christian Topography of Cosmas, An Egyptian Monk Creator An entity primarily responsible for making the resource Cosmas Indicopleustes J.W. McCrindle Publisher An entity responsible for making the resource available Hakluyt Society Date A point or period of time associated with an event in the lifecycle of the resource 1897 Type The nature or genre of the resource Book Zotero Author Cosmas Indicopleustes Translator J.W. McCrindle Item Type Book Date A point or period of time associated with an event in the lifecycle of the resource 1897 Place London Publisher An entity responsible for making the resource available Hakluyt Society Title A name given to the resource The Christian Topography of Cosmas, An Egyptian Monk https://apconf-much.org/proceedings/files/original/590e307c15d1d6877b22c95c5da8b1b1.pdf 91c01c2dd35f0d663626052d3c3f67ed PDF Text Text A Model Law to Implement the Convention on the Protection of the Underwater Cultural Heritage and its Possible Application in Plural Legal Regimes in Pacific Small Islands States: A Case study of Solomon Islands Craig Forrest1 and Jennifer Corrin2 Centre for Public International and Comparative Law TC Beirne School of Law University of Queensland Brisbane Australia 4072 Email: c.forrest@law.uq.edu.au1 Email: j.corrin@law.uq.edu.au2 Abstract A strategy for promoting the adoption of the Convention on the Protection of the Underwater Cultural Heritage, is the adoption of a Model Law; one that also promotes uniformity, consistency and ease of use. This, however, is a challenge in the Pacific. Solomon Islands, for example, like most Pacific island nations, has a plural legal regime. That is, customary law operates in conjunction with the common law, a legacy of Solomon Islands’ colonial past. Legal pluralism raises significant difficulties for the protection and management of cultural heritage, and is especially challenging when the maritime areas beyond the low water mark are involved. This paper considers the barriers to protection of underwater cultural heritage raised by legal pluralism and the further difficulties encountered when considering Solomon Island’s possible ratification on the 2001 Convention on the Protection of the Underwater Cultural Heritage. It considers whether a Model Law might be a useful tool in this endeavour. Keywords: Underwater cultural heritage, Convention, 2001, Law, Legal, Framework, Pacific, Solomon Islands, The underwater cultural heritage of Solomon Islands The very nature of Pacific Island peoples means that Solomon Islands has a rich maritime heritage. Unfortunately, few underwater remains of pre-colonial vessels have survived, though terrestrial examples exist (van Tilburg, 2011). Indeed, the largest water craft in the British Museum is a war canoe from New Georgia (Hess et al., 2009). Nevertheless, other heritage, such as underwater caves and sacrificial sites used for shark or crocodile worship, are numerous, especially in the coastal waters of certain 1 �islands, such as Malaita (Lidimani, 2011). There are also submerged islands and villages, inundated by the changing sea levels as well as in the construction of artificial islands such as Langa Langa Lagoon and Lau Lagoon in Malaita Province and Roviana Lagoon in the Western Province (Guérin et al., 2010). Perhaps the most famous historic shipwreck in Solomon Islands is that of the Boussole, commanded by Jean-François de Galaup, Comte de La Pérouse, lost in 1788 off the island of Vanikoro. The best known wrecks in Solomon Islands, however, are those of the Second World War. So numerous are they that the waters between Guadalcanal and Savo and Florida Islands are known as Iron Bottom Sound. The Protection of Wrecks and War Relics Act 1980 restrict access to (including diving) and interference with these vessels (and aircraft) and associated objects, subject to obtaining a licence from the relevant Ministry (Corrin and Forrest, 2013). Such a license is only to be granted to a person who can satisfy the Minister that they are competent and properly equipped to carry out excavation or salvage operations in a manner appropriate to the historical importance of the wreck. Further, limited protection is provided by the Protected Areas Act 2010. This Act defines areas which may be declared as protected to include an area which possesses significant ‘cultural resources’ or ‘merits protection under the Convention Concerning the Protection of World Cultural and Natural Heritage’ [s 10(1)]. No other national legislation protects the remaining body of underwater cultural heritage in Solomon Islands, and beyond its territorial sea, a problem the 2001 Underwater Cultural Heritage Convention is designed to address. The Convention on the Protection of the Underwater Cultural Heritage The Convention on the Protection of the Underwater Cultural Heritage came into force in 2009, almost eight years after its adoption, and currently only has 45 States parties. Moreover, of these 45 States, few have significant underwater cultural heritage (UCH) within their waters, and even fewer are significant maritime powers that have lost vessels in the oceans of the world. The reasons for the slow take up of the Convention have been dealt with elsewhere (Dromgoole, 2013) but include debate concerning the consistency between the Convention and the 1982 UN Law of the Sea Convention (Cogliati-Bantz and Forrest, 2013); the lack of immunity offered to wrecked sovereign vessels; and the non-application of salvage law. That said, recent ‘ratifications’ do 2 �include maritime States such as France and those with significant wrecks in their waters, such as Belgium, who together with States such as Spain, have an important impact on the manner in which the Convention will ultimately be implemented and applied. It is hoped that more States will follow the lead of these recent ratifications, but for the Convention to be effective, it requires much broader participation by States, particularly in geographical regions such as the Asia-Pacific. The Convention provides an agreed minimum standard for recovery of UCH and sets out the jurisdictional structures and core principles upon which the regime is built, such as noncommercialisation of this heritage, supremacy of in situ preservation, and the encouragement of non-intrusive and non-destructive public access. But above all, the Convention is based on the principle of State co-operation. Without such co-operation, protection beyond the territorial sea is difficult, if not impossible. Accordingly, the Convention can only work if all the States with an interest in a particular wreck, for example, are party to the Convention. This problem is exacerbated in the Asia-Pacific region given the close proximity of many different island nations, and the ability to avoid one jurisdiction and use another as a safe-haven when directing activities at UCH. The Convention is somewhat unusual in its structure with an Annex as an integral part of the Convention. Whereas the Annex addresses archaeological standards in some detail, the Convention itself is designed to set out principles, rights and duties that require implementation, and detail, from each ratifying State. The Convention is not a self-executing convention in the sense that is does not provide rights and duties that can easily be incorporated into a State’s national legal system without some form of implementing legislation that provides a detailed protective regime. The Convention, in seeking to harmonise principles, merely provides the skeleton or framework and each State is required to add body to that structure. There is therefore a tension inherent in the implementation of this Convention: the need for harmonisation across jurisdictions given that the Convention is structured on the basis of State co-operation, whilst at the same time giving States the freedom to implement the Convention in ways that make is workable in that particular State. The great difficulty then is to identify the best mechanism through which these international norms, binding on each State, may be translated and transformed into a national protective regime that is effective as the basis 3 �for State co-operation. One possible mechanism is the use of a model law that can play a transformative role, particularly within a particular geographical region. The transformative function of a Model Law A model law is a legislative text that is recommended to States for enactment as part of their national law (Faria, not dated). Model laws are used to harmonise and unify law, and have been used by a range of international organisations, including UNESCO, UN Commission on International Trade Law (UNCITRAL) and the International Institute for the Unification of Private Law (UNIDROIT) (Siehr, 2012). Essentially the model law sits somewhere on the spectrum between the generality of the norms of international conventions and the specificity of the national legislation. It plays a mediating role in the transformation process from international norms to national law. The extent of that process is dependent on where in that spectrum the model law is to sit. And that is dependent on a range of factors, including the States involved in the drafting of the model law, the specificity of the international norms themselves and the differences in the legal structures of various implementing States (particularly in the same geographical area where this is important to the international context, as it is in this case). The use of model laws in this transformative role has been championed for a number of reasons. By having a more detailed agreed upon instrument, the implementation of the intentional norms is more likely to be applied, interpreted and enforced consistently between jurisdictions (Pistor, 2002). Moreover, the resulting national legislation is also more likely to achieve quality measures of legislation such as its enforceability, consistency, comprehensibility, transparency and accessibility (Poloko, 2012; Muylle, 2003). It also saves time in that the national drafting process is shortened through the collective drafting of the model law. It also allows for the pooling of expertise, particularly where the subject matter of the international norms may be of a technical nature; as is the case with the Annex of the Convention. This is perhaps particularly pertinent in the Pacific, given the limited number of technical experts as well as the limited number of experienced legislative drafters. This has led to a general failure to introduce legislation in many Pacific Islands State to meet their obligations under regional and international conventions. This shortage prompted the member States of the Pacific Islands Forum Secretariat, of which Solomon Islands is one, to 4 �establish a legal drafting unit within the Forum Secretariat in 2006. Its core mandates include provision of legislative drafting assistance to Forum countries in relation to national legislative agendas and in response to the Pacific Plan and any other relevant initiatives. There is already a precedent for the drafting of model laws by the Unit, as in 2008 it completed a Regional Model Law on Customs. Prior to the establishment of the Unit, the Forum Secretariat was a partner in the drafting of the Model Law for the Protection of Traditional Knowledge and Expressions of Culture in 2002. Solomon Islands has not yet developed national law based on this model (Pacific Islands Forum Secretariat; not dated). The use of model laws in drafting national legislation does, however, have shortcomings. Model laws that lie close to national legislation in terms of specificity may lack a certain amount of democratic legitimacy. It is “a legislative process which may be far removed from those which it affects and in a sense negates trends towards bringing government closer to the people by way of regionalisation and devolution” (Poloko, 2012). The risk lies in implementing a model laws that achieves international uniformity but lacks efficacy in the national legal system. As such, in drafting a model law, consideration needs to be given to the difficulties that might arise in giving national (or even local) effect to the resulting national legislation. Whilst a model law is not, in itself, a legislative instrument, and therefore need not be duplicated in its entirety in the implementing legislation, any divergence will undermine the very purpose of the model law: uniformity and harmonization. Nevertheless, it has the advantage of flexibility and the ability to accommodate national variation in its implementation (Faria, not dated). The drafting of a Model law The quality of the national legislation that implements the model law is naturally dependant on the quality of the model law itself. In drafting the model law, consideration must be given to the criteria used to ascertain the legislative quality: being its enforceability, consistency, comprehensibility, transparency, plainness, accessibility and clarity (Poloko, 2012; Muylle, 2003). This then will also impact on the generality or specificity of the model law. These criteria would have to be applied in the drafting of a model law implementing the Convention in the Pacific. 5 �1. Enforceability: the model law would need to take into account the practical consideration needed to give effect to the Conventions’ articles. 2. Consistency and Comprehensibility: the model law would need to be drafted using concepts, language and structures that give effect to the international morns but which are also consistent with national legal structure and legislation and can be understood in that national context. In geographical area such as the pacific, this might necessitate a more abstract generalised model law that take into account the differences in national legal structures. 3. Transparency and Accessibility: requires the involvement, or at least consultation, between the drafters of the model law and those responsible for the national drafting and administration of the implementing legislation. These cautionary points are particularly pertinent in the Pacific, and particularly in relation to States such as Solomon Islands. As a case study, Solomon Islands provide a cautionary seascape within which to consider the use and application of a model law to implement the UCH Convention. Implementation in legally pluralistic States: Solomon Islands Solomon Islands, like most other Pacific Island nations, has a plural legal regime. State law co-exists with customary laws, which are largely unwritten. Customary laws have been given formal recognition in the Constitution, but do not depend on the State for their validity. For many Solomon Islanders they are the only laws they will ever encounter. There is a stark distinction between State law and customary laws. In the customary sphere, the distinctive features of the ‘legal’ and ‘social’ orders are inextricably intertwined. The State system, on the other hand, is based on the common law, which is a foreign model. Its laws and legal institutions are largely legal transplants. There is a longstanding debate in transplant theory as to whether it is only rules that are transplanted or whether it is law and its surrounding culture. It has been argued that the success of a transplanted law depends on the type of law involved, with culturally specific laws being the least likely to succeed (Kahn-Freund, 1974, 5-6). In the context of Solomon Islands, the objection to transplants is well stated by Gatu: A Solomon Islander is a unique Melanesian, and whatever laws or regulations are passed should be made to suit the Melanesian lifestyle. ... Too often both 6 �expatriates and Melanesians (especially politicians) make the same mistakes over and over again by trying to implant or impose foreign laws and concepts on Melanesians and expect them to adhere to such changes with a wave of the magic wand (1977: 98) Model laws are subject to many of the same objections as legal transplants, in that they are not drafted specifically for a country. However, unlike transplants, a model law is not intended to be applied blindly, without modification or supplementation to accommodate local circumstances. However, like transplants, model laws are particularly problematic in plural legal regimes. It is not only the cultural setting of the law that may differ, but also the legal setting. Each of the two legal systems may prescribe a different rule for the same situation. Each may also differ in its approach to process and proof, the appropriate relief and the penalties which may be imposed. Enforceability may also be an issue, particularly given the logistics of Solomon Islands. In practice, particularly in remote areas, traditional leaders may be the only effective authority. Where legal systems overlap, care must be taken not to introduce laws which will exacerbate tensions between the different systems. This is particularly the case where State and customary norms are radically different, which may well be the case in relation to cultural heritage. The complexities arising from legal pluralism in this area are well illustrated by the disagreement of State and traditional authorities over ownership of the land (or sea) on which tangible cultural heritage is situated or through which it may be accessed. The State law is contained in the Land and Titles Act (Cap 133) and the common law, constituted by decisions of Solomon Islands courts. The Act acknowledges the supremacy of customary laws in relation to customary land (which constitutes 87% of the total land area). It states that, ‘The manner of holding, occupying, using, enjoying and disposing of customary land shall be in accordance with the current customary usage applicable thereto, and all questions relating thereto shall be determined accordingly’ [s 239(1)]. However the legislation does not expressly state whether ‘customary land’ includes reefs or foreshore, and recourse must therefore be had to the common law on this point. 7 �Unfortunately, the cases are conflicting. At one time, the High Court regarded the issue as governed by the common law, and accordingly, areas below high watermark were regarded as belonging to the Crown (Allardyce v Laore 1990). However, according to the latest High Court decision (Combined Fera Group v Attorney General 1997) reefs and foreshore may be under customary management if it can be proved that this was the case prior to 1 January 1969. This means that if customary owners have undisputed evidence that they owned an area on which cultural heritage is situated or accessed before that date they may be able to establish a legal right to ownership. Customary laws differ significantly from place to place in Solomon Islands, so it is not possible to state categorically what these laws say about reef and foreshore. One fundamental point of difference is that ‘ownership’ is not an adequate term to describe the rights and obligations of members of customary society regarding their land, which are intimately bound up in an intricate web of relationships. The customary concept of land-holding recognises multi-layered rights of ownership and use. It may be more accurate to refer to ‘rights to use’ than to ownership, but even this does not give the full picture (Corrin, 2008). What can be said is that customary land tenure includes tenure of the land below high water mark. Such tenure carries with it the right to control the use of the marine area and resources, including heritage resources. Solomon Islands Law Reform Commission has considered this matter in some detail. The Commission’s 2012 report recommends amending the definition of customary land in the Land and Titles Act to include land below the low watermark up to the limit of Provincial boundaries ([1.26]). It also recommends abolishing the need to prove ownership prior to 1 January 1969 and relying on proof of current customary usage ([1.26]). To date, these recommendations have not been implemented. If implemented they will have significant consequences for the national government in attempting to implement the Convention in its territorial waters below the high watermark. Another important aspect of legal (and cultural) pluralism to be taken into account is the authority of traditional chiefs, who play a rule not only in making, but also in administering and enforcing customary laws. The Constitution of Solomon Islands puts an onus on Parliament to legislate for the inclusion of traditional chiefs in provincial governance (s 114). 8 �Provincial governments It is also important to bear in mind that legislative reform in Solomon Islands may be in the form of national or provincial legislation. Provincial governments may make laws in the form of ordinances on matters devolved to provinces or ‘incidental to or consequential on’ such matters (s 31(1)). Devolved areas include ‘Historical remains’ (Provincial Government Act 1997, Sch 3, para 2). In the original Act, passed in 1981, the Protection of Wrecks and War Relics Act 1980 was excluded from the devolved powers. The extent of this exclusion is unclear, but this is now academic as it does not appear in the 1997 Act. Provincial Ordinances only have effect within the province, and provincial governments are specifically precluded from making laws affecting Solomon Islands’ international obligations (s 31(4)). Nevertheless, given the political and practical importance of provincial governments, it is important to bear their role in mind when drafting model laws. It is also necessary to take into account the existing provincial initiatives. Guadalcanal and Western Province both have policy frameworks on culture, although these are fairly rudimentary (Guadalcanal Policy Statement on Culture 1987; Western Province Policy on Culture 1989). However, five provinces have Ordinances providing some degree of protection for cultural heritage. These are the Guadalcanal Province Protection of Historic Places Ordinance 1985; the Malaita Province Preservation of Culture Ordinance 1995; the Makira-Ulawa Council (Prevention of the Sale of Traditional Artifacts) Bylaws 1977; the Temotu Province Preservation of Culture Ordinance 1993; and the Western Province Preservation of Culture Ordinance 1989. The Moli Ward Chiefs Council Ordinance 2010 provides a more recent and locally specific example of a piece of sui generis legislation, drafted within Guadalcanal Province to regulate the use of ‘traditional practices or heritage’. This is defined to include, ‘song, chant, dance costume or clothing, ritual, ceremonial object or practice, folklore, painting, carving, art, weapon, architecture, traditional knowledge and any other authentic activity or object attributed to the customs and traditions of Moli Ward.’ Conclusion While sui generis legal solutions are always the preferred option, the drafting of a Model Law for the implementation of the Convention in the Pacific has much to offer. It is both 9 �resource and time efficient and its inherent flexibility in its transformative role is capable of addressing individual State’s particular circumstances. That’s said, the drafting a Model Law with sufficient flexibility to address the distinctive features of a State such as Solomon Islands is not without significant challenges. Solomon Islands’ rich cultural heritage, illustrated by its linguistic and tribal diversity (there are, for example, 65 different languages in Solomon Islands), and the peculiar nature of its legal and social systems, requires input from Solomon Islanders as well as from technical experts on maritime archaeology and the functioning of the Convention. References Allardyce v Laore [1990] SILR 174 Combined Fera Group v Attorney General (Unreported, High Court, Solomon Islands, Palmer J, 19 November 1997) Cogliati-Bantz, B., and Forrest, C., 2013. Consistent: The Convention on the Protection of the Underwater Cultural Heritage and the United Nations Convention on the Law of the Sea. Cambridge International and Comparative law Journal, Vol. 2 (3): 1-26. Corrin, J., 2008. Customary Land and the Language of the Common Law. Common Law World Review, Vol. 37: 305 - 333. Dromgoole, S., 2013. Reflections on the Position of the Major Maritime Powers with Respect to the UNESCO Convention on the Protection of the Underwater Cultural Heritage. Marine Policy, Vol. 38: 116-123. Faria, J. A. E., Legal Harmonization through model laws: The experience of the United Nations Commission on International Trade Law (UNCITRAL), retrieved 28 December 2013, from http://www.justice.gov.za/alraesa/conferences/2005sa/papers/s5_faria2.pdf. Forrest, C., and Corrin, J., 2013. Legal Pluralism in the Pacific: Solomon Island’s World War II Heritage. International Journal of Cultural Property, Vol. 20: 1-21. Gatu, B., 1977. Dispute settlement in the Solomon Islands. In G. Powles, R. Crocombe, and M. Pulea, (Ed.), Pacific Courts and Justice, Institute of Pacific Studies, Fiji: 98-100. Guérin, U., Egger, B., and Penalva, V., 2010. Underwater Cultural Heritage in Oceania. UNESCO, Paris. Hess, M., Robson, S., Miller, F. S., Were, G., Hviding, E., and Berg, A. C., 2009. Niabara - The Western Solomon Islands war canoe at the British Museum - 3D documentation, virtual reconstruction and digital repatriation. Berg, Arne Cato 2009 15th International Conference on Virtual Systems and Multimedia: proceedings: VSMM 2009 Vienna Austria, retrieved 15 December 2013, from http://discovery.ucl.ac.uk/1305320/1/1305320.pdf. 10 �Kahn-Freund, O., 1974. Uses and Misuses of Comparative Law. Modern Law Review, Vol. 37 MLR: 1 - 27. Lidimani, D. B., 2011. Cultural Mapping Report: Solomon lslands. Secretariat of the Pacific Community, Fiji. Muylle, K. J., 2002. Improving the Effectiveness of Parliamentary legislative procedures. Statute Law Review, Vol. 24 (3): 169-186. Poloko, L., 2012. Drafting of legislation in compliance with model laws. LLM Thesis, Institute of Advanced Legal Studies, University of London. Siehr, K., 2012. Model Laws for Implementing International Conventions - The Implementation of the 1970 UNESCO Convention on Cultural Property. Max Planck Private Law Research Paper No. 12/25. Solomon Islands Law Reform Commission., 2012. Review of the Law that Applies to Land below High Water Mark and Low Water Mark (Solomon Islands Law Reform Commission, 2012). Pacific Islands Forum Secretariat. Legislative Drafting, retrieved 8 January 2014, from http://www.forumsec.org/pages.cfm/political-governance-security/legislative-drafting/. Van Tilburg, H., 2011. Historic Period Ships in the Pacific Ocean. In A. Catsambis, B. Ford and D. L. Hamilton (Eds.), The Oxford Handbook of Maritime Archaeology, Oxford University Press, Oxford Watson, A., 1976. Legal Transplants and Law Reform. Law Quarterly Review,Vol.79- 84 Biography Craig Forrest is a reader in law and Director of the Marine and Shipping Law Unitat the University of Queensland. He was a member of the South African UNESCO delegation that drafted and adopted the 2001 Convention and has participated in a number of UNESCO workshops on the implementation of the Convention. In 2013 he assisted in drafting a Model Law for the implementation of the Convention in the Caribbean. He is a member of the International Law Association's Cultural Heritage Law Committee and is editor of the Australian and New Zealand Maritime Law Journal. Jennifer Corrin is Director of the Centre for Public, International and Comparative Law, University of Queensland, and currently an Australian Research Council Future Fellow undertaking research on law reform and development in plural legal regimes. Jennifer has published in the areas of South Pacific law, customary law, human rights, court systems, evidence, land law, constitutional law and contract. Current projects include the status of French law in former colonies; carbon rights in Melanesia; and legal pluralism and theories of law. Jennifer is on the Editorial Boards of the Journal of Legal Pluralism, and the Journal of South Pacific Law. 11 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Session 15: Legal Framework for the Protection of the Underwater Cultural Heritage Subject The topic of the resource Video interview with Session 15 chair Dr. Craig Forrest. Description An account of the resource The legal framework for the protection of the underwater cultural heritage has gained momentum throughout the Asia-Pacific with a number of States turning their attention to this issue. For some this is due to concerns raised though specific incidents that have damaged or destroyed the underwater cultural heritage or the information that could be gleaned from its excavation, whilst for others, it follows from consideration being given to the UNESCO Convention on the Protection of the Underwater Cultural Heritage. This session considers the Legal Framework for the Protection of the Underwater Cultural Heritage in a number of Asia-Pacific states. The objectives of session are to explore the various national approaches and to seek aspects of commonality and uniformity that provide frameworks for other state that have not yet addressed the issue. Creator An entity primarily responsible for making the resource Dr. Craig Forrest Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource A Model Law to Implement the Convention on the Protection of the Underwater Cultural Heritage and its Possible Application in Plural Legal Regimes in Pacific Small Islands States: A Case study of Solomon Islands Description An account of the resource A strategy for promoting the adoption of the Convention on the Protection of the Underwater Cultural Heritage, is the adoption of a Model Law; one that also promotes uniformity, consistency and ease of use. This, however, is a challenge in the Pacific. Solomon Islands, for example, like most Pacific island nations, has a plural legal regime. That is, customary law operates in conjunction with the common law, a legacy of Solomon Islands’ colonial past. Legal pluralism raises significant difficulties for the protection and management of cultural heritage, and is especially challenging when the maritime areas beyond the low water mark are involved. This paper considers the barriers to protection of underwater cultural heritage raised by legal pluralism and the further difficulties encountered when considering Solomon Island’s possible ratification on the 2001 Convention on the Protection of the Underwater Cultural Heritage. It considers whether a Model Law might be a useful tool in this endeavour. Creator An entity primarily responsible for making the resource Craig Forrest Jennifer Corrin, in Van Tilburg, H., Tripati, S., Walker Vadillo, V., Fahy, B., and Kimura, J. (eds.) Date A point or period of time associated with an event in the lifecycle of the resource 5/20/2014 Asia-Pac Session 15 2014 https://apconf-much.org/proceedings/files/original/d1bf79948ef8c5ea4ab6bfbb0ab452b3.mp4 a92049f3f62334ebc016ebec566e7107 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Session 15: Legal Framework for the Protection of the Underwater Cultural Heritage Subject The topic of the resource Video interview with Session 15 chair Dr. Craig Forrest. Description An account of the resource The legal framework for the protection of the underwater cultural heritage has gained momentum throughout the Asia-Pacific with a number of States turning their attention to this issue. For some this is due to concerns raised though specific incidents that have damaged or destroyed the underwater cultural heritage or the information that could be gleaned from its excavation, whilst for others, it follows from consideration being given to the UNESCO Convention on the Protection of the Underwater Cultural Heritage. This session considers the Legal Framework for the Protection of the Underwater Cultural Heritage in a number of Asia-Pacific states. The objectives of session are to explore the various national approaches and to seek aspects of commonality and uniformity that provide frameworks for other state that have not yet addressed the issue. Creator An entity primarily responsible for making the resource Dr. Craig Forrest Moving Image A series of visual representations that, when shown in succession, impart an impression of motion. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Video interview with Session 15 chair Craig Forrest. Description An account of the resource The legal framework for the protection of the underwater cultural heritage has gained momentum throughout the Asia-Pacific with a number of States turning their attention to this issue. For some this is due to concerns raised though specific incidents that have damaged or destroyed the underwater cultural heritage or the information that could be gleaned from its excavation, whilst for others, it follows from consideration being given to the UNESCO Convention on the Protection of the Underwater Cultural Heritage. This session considers the Legal Framework for the Protection of the Underwater Cultural Heritage in a number of Asia-Pacific states. The objectives of session are to explore the various national approaches and to seek aspects of commonality and uniformity that provide frameworks for other state that have not yet addressed the issue. Creator An entity primarily responsible for making the resource Craig Forrest Date A point or period of time associated with an event in the lifecycle of the resource 6/12/2014 Asia-Pac Session 15 2014 https://apconf-much.org/proceedings/files/original/ec28e12b41c45c37b9eb472c7d3cc427.pdf 4b983e86c60a5911c3b8876bd21a7003 PDF Text Text Motivating and Enabling Pacific States to Ratify the 2001 UCH Convention Dennis Marita (Director of the Culture Division at the Ministry of Culture and Tourism,Solomon Islands) Ellen Lekka (UNESCO, Samoa) Craig Forrest (University of Queensland) ABSTRACT Ratifications of the 2001 UCH Convention by Pacific States has been poor. Using Solomon Islands and the Marshall Islands as case studies, this paper begins by considering the utility of the 2001 UCH Convention for these States before turning to the difficulties and challenges in enabling ratification. These include not only capacity issues but also the extent to which ratification requires amendment of existing laws and broader policy issues relating, for example, to tourism and international relations. KEYWORDS: Solomon Islands; Marshall Islands; UNESCO INTRODUCTION There are 15 States widely regarded as Pacific States - Federated States of Micronesia (FSM), Marshall Islands, Kiribati, Nauru, Palau, Fiji, Solomon Islands, Papua New Guinea, Vanuatu, Samoa, Tonga, Tuvalu, New Zealand, Cook Islands and Niue – and a number of territories belonging to Australia, United States and France. Of these Pacific States only two have ratified the 2001 UCH Convention: FSM and Nuie. With 72 States Party to the 2001 UCH Convention, this is a significant under-representation. The more so when considering the extent of the maritime zones (exclusive economic zones and continental shelf) of these States, which together make up the largest maritime domain in the world’s largest ocean. This non-participation was reflected in the negotiations that led to the 2001 UCH Convention at which only New Zealand, Papua New Guinea and Samoa attended at least one of the four negotiation meeting; the remaining States did not attend at all. UNESCO has sought to educate, facilitate and encourage Pacific States to engage with and ultimately ratify the 2001 UCH Convention. So far this has had limited immediate success. The resulting underrepresentation is not, however, confined to the 2001 UCH Convention, but across all the UNESCO Cultural Heritage Conventions. None are party to the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict or the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. Of the only three UN Member States not party to the World Heritage Convention, two are from the Pacific – Nauru and Tuvalu. Moreover, other than New Zealand, no Pacific State has more than one World heritage site, and some – Cook Islands, Niue, Samoa and Tonga – have none. And while all are party to the 2003 Intangible Cultural Heritage Convention, engagement in that Convention is also limited, with only four States having a single item each on the World List – FSM, Samoa, Tonga and Vanuatu; the rest have none. In this broader heritage contest, the lack of representation in the World Heritage and Intangible Cultural Heritage lists is both a function of the increasingly complicated processes for nomination, and the concern that Pacific States do not have the resources to effectively manage and protect significant heritage that is subject to the relevant international Convention and the obligations contained therein. It is clear that a lack of human and financial resources constrain the ability of Pacific States to act. It is thus worth contextualising this by noting that the bottom seven positions of the 207 listed States in the World Bank’s 2021 ranking by GDP were taken up by Pacific States: Tonga, FSM, Marshall Islands, Palau, Kiribati, Nauru and in last place Tuvalu (World Bank 2012). Not surprising many of the Pacific 1 �States are also the smallest in the World by pollution, with all but New Zealand and Papua New Guinea having a pollution of less than 1 million, and in some cases considerably less. Palau has a population of around 18,000; Tuvalu 12,000 and Nauru 11,000 (Worldometer 2023). As a region, Oceania has the lowest pollution in the world with a total of less than 20 million, spread over the largest maritime domain (UN World Pollution Prospects 2002). Against the backdrop, there are a range of underlying reasons for a lack of interest in the 2001 UCH Convention. In the context of current challenges faced by Pacific States, UCH is not a priority on the political and national agenda and not surprisingly there is “a lack of visibility, public support and understanding of the values attached to UCH, and the incompatibility with economic development projects.” (Nikishiwa 2017, 20) There is also a basic lack of understanding of the convention and uncertainty as to its relation with the 1982 UN Convention on the Law of the Sea. This paper considers the difficulties Pacific States face in the process of considering ratification of the 2001 UCH Convention through a review of two case studies – Solomon Islands and Marshall Islands. ADVANTAGES OF RATIFICATION The Pacific States were born by seafarers undertaking significant feats of seamanship and navigation over hundreds of years beginning as far back as 3,500 years ago. Little has been found of the physical remains of these endeavours, but better technology and a greater emphasis on Pacific indigenous heritage bods well for the future. Much more recently, the western age of exploration, colonialisation and a world war have left UCH across the Pacific. Not only is this historically and archaeologically important heritage but is of great tourism potential and requires sustainable management. The 2001 UCH Convention provides the bedrock upon which this UCH can be managed. It contains an internationally agreed legal framework supported by international best practice in maritime archaeology. Perhaps more importantly, the 2001 UCH Convention is essentially a framework for State cooperation, including in the sharing of information, training and in the use and transfer of relevant technology. Only through ratification and ‘membership’ as States Parties, can a State engage in deliberations about UCH in an international context; participate in the UNESCO organs of the 2001 UCH Convention, particularly in the Scientific and Technical Advisory Body and have access to the UCH Fund that supports various activities, including training, workshops, public awareness raising and technical missions. There is little cost to ratification, with representation the only direct cost, and that, in any event, is a matter for each State to decide as to the level of participation. The only indirect cost is the law reform required to ensure a State gives effect to its international obligations arising out of the 2001 UCH Convention. Despite these obvious advantages, Pacific States have not ratified the 2001 UCH Convention. The case of Solomon Islands and Marshall Island may highlight some of the reasons for this. SOLOMON ISLANDS The UCH resources of the Solomon Islands includes caves and sacrificial sites used for shark or crocodile worship, submerged villages and artificial islands, historic shipwrecks including the remains from La Perouse expedition of 1788, and famously, hundreds of planes and shipwrecks 2 �resulting from the fierce battles of the WWII. Indeed, Iron Bottom Sound, between Guadalcanal and Savo Islands, is so named because of the number of WWII wrecks lying there. It is a particularly popular dive tourism site. UNESCO’s bid to encourage ratification of the 2001 UCH Convention in the Pacific began shortly after it came into force in 2009. UNESCO organised an inter-governmental meeting in Honiara, Solomon Islands, attended by representatives of Fiji, Kiribati, Marshall Islands, Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga and Vanuatu (Takahashi 2011, 6). It was designed to stimulate interest and assist States in ratifying the 2001 UCH Convention; reinforce existing cooperation in the Asia Pacific Region and set up new linkages for the protection and management of UCH. While useful in that it introduced the 2001 UCH Convention to Pacific States, little came of this meeting. UNESCO did publish Underwater Cultural Heritage in Oceania in 2010 to raise awareness within the region, and a Feasibility Study on a Pacific UCH Capacity Building programme did follow, but nothing appears to have come of that (Mckinnon and Kimura 2012). Pacific States did not show any real interest in pursuing ratification. In 2021 UNESCO (author Ellen Lekka) and contracted consultants (author Craig Forrest, together with Matthew Carter and Ole Varmer) organised a consultation workshop on the 2001 UCH Convention in the Solomon Islands over two days: 23–24 June, bringing together key stakeholders representing government, industry, development partners and international experts to discuss possible ratification of the 2001 UCH Convention. A draft Gap Analysis was prepared to compare Solomon Islands’ legislation to the requirements of the 2001 UCH Convention, as well as a National Interest Analysis detailing the benefits and obligations should Solomon Islands ratify. At that meeting, the Director of the Culture Division at the Ministry of Culture and Tourism (author Dennis Marita), spoke about the importance of the ocean to Solomon Islanders’ identity, he declared that “Solomon Islands is a maritime country, and a great part of its heritage and history is based on the ocean”. The Director also expressed the desire of the Solomon Islands Government to ratify the 2001 UCH Convention. This has yet to happen, and a number of reasons might explain why. While the 2001 UCH Convention does not impose significant obligations on States Parties, each State does need to ensure that its legislation is capable of giving effect to these obligations. The extent to which each State can respond to this obligation is both a function of the complexity and modernity of its existing legislation and its capacity to amend that legislation or introduce new legislation. The Solomon Islands Gap Analysis revealed that the existing law applicable to wrecks, salvage and maritime jurisdiction (Shipping Act 1998; Protection of Wrecks and War Relics Act 1980) required some amendment, as did aspects of related legislation such as the Environment Act 1998 and Protected Areas Act 2010; though these do provide a sound footing for the implementation of the 2001 UCH Convention – subject to minor amendments. In many respects, while the needs for amendments were modest, the task of coordinating these across multiple legislative instruments (and relevant departments) is time consuming and requires dedicated human resources. Indeed, the age of some of the legislation that required amendment (eg. Protection of Wrecks and War Relics Act 1980) attests to the difficulty in generally keeping legislation contemporary and up to date. The main recommendation from the Gap Analysis was the adoption of a new stand-alone legislative instrument to give effect to the 2001 UCH Convention. Given that the 2001 UCH Convention provides the framework this should not be a particularly difficult legislative instrument to draft but it does require time and resources and a certain level of subject matter expertise. 3 �Time and resources that are not easily directed to heritage, especially heritage like UCH, which is out of sight and not immediately relevant to much of the population, whose cultural traditions often favour intangible heritage (Jeffrey et al 2021, 137). This is hardly surprising when considering issues such as climate change and other threats that challenge a State’s very existence. As such, attempts to address issues related to heritage are often tagged on to broader issues such as sustainable development. And these all compete for limited resources. The nature of UCH in Solomon Islands may also play a role, in that the most obvious examples of UCH are not indigenous Solomon Islander heritage, but rather that from World War II (Forrest and Corrin 2013). It is often perceived in tourism terms and as a financial commodity, rather than genuine heritage. At the very least the idea of it being heritage does exist because of the emphasis placed on it by the two belligerent States: Japan and Untied States. That this heritage will not in fact fall within the scope of the 2001 UCH Convention until the early 2040s is not always appreciated and therefore coloured the view they have of the 2001 UCH Convention as to its role in Solomon Islands. Solomon Islands has also not fared well in terms of its engagement with other international cultural heritage regimes. In 1998, East Rennell was inscribed on the World Heritage List. At the time, the World Heritage Committee noted that adequate long-term legislative, regulatory or institutional protection was not in place. Nevertheless, the property was inscribed on the list with a number of recommendations made to address these issues, but Solomon Islands failed to address them and, in 2003, the property formally entered the non-compliance response system, and in 2013, placed on the List of World Heritage in Danger where it remains (Hamman and Hølleland 2023, 98-99). This illustrates the significant capacity challenges faced in all areas of cultural heritage management and does not bode well for UCH without external assistance. MARSHALL ISLANDS Having been discovered by around 2000 years ago, the Marshallese archipelago, with 1225 islands and islets, is vast. The settlement of this archipelago required extraordinary navigational skills and seaworthy craft. While little physical remains of this early seafaring have been discovered, other traditional sites demonstrate the intimacy Marshallese have with the ocean, including coral reef heads featured in traditional oral history and ancient fish traps, some of which are still in use today. The UCH resources of the Marshall Islands also extend to the Japanese and United States wreckage of WWII; and the material evidence of nuclear testing at Bikini Atoll (Naone 2011, 1). The notion of cultural heritage in Marshall Islands appears to be coloured by its association with the United States. After achieving self-governance in 1979, the Marshall Islands entered into a Compact of Free Association with the United States which allowed, amongst many things, for the Historic Preservation Office to continue its roles as provided for in the 1966 U.S. National Historic Preservation Act. Indeed, four sites are listed on the US National Register of Historic Places: Kwajalein Island Battlefield, Roi-Namur Battlefield, Debrum House and Marshall Islands War Memorial Park (Forrest and Jeffrey 2018). In 1991, the Historic Preservation Act was adopted by the Nitijela as a response to the perceived legal vacuum in relation to indigenous Marshallese historic preservation. This included submerged cultural heritage and was followed by the adoption of Regulations Governing Access to Prehistoric and Historic Submerged Resources. These provide for a reasonable 4 �protective regime, though difficult to enforce given the vast distances involved and the limit enforcement capability (Naone 2011, 1 and 5). Whilst there was therefore some recognition of the importance of UCH, the Marshall Islands was not engaged in the negotiations that lead to the 2001 UCH Convention. Importantly though, it was engaged with the World Heritage Convention and in 2010 the Bikini Atoll Nuclear Test Site was inscribed on the World Heritage List; including the ships that were sunk during the 67 nuclear tests that took place there. These form an integral part of the World Heritage site and are the only UCH specifically protected in Marshall Islands. However, these wrecks are not only cultural resources but also an environmental threat. Other than the affect that atomic tests have had, and continue to have, on these wrecks, a number still have potentially polluting bunker fuel on board, and some still have unexpended ordinance, requiring intervention (Forrest and Jeffrey 2018, 61-64). As part of its commitment to educate, facilitate and encourage States to ratify the 2001 UCH Convention, UNESCO commissioned desk-based reports on the State of the legislative framework and UCH related programme in the five States of Micronesia – including Marshall Islands (Forrest and Jeffrey 2018). The key recommendation was that Marshall Islands become a party and adopt a new Act to give effect to the Convention, at the same time making consequential amendments to the Historic Preservation Act, Regulation and Control of Shipping Act and Wrecks and Salvage Act, and others as appropriate. In 2021, this was followed by a more detailed consideration of this legislative framework together with a draft National Interest Analysis and a two-day workshop (7-8 December 2021) together with educational material, based on the model used for the work undertaken the previous year for Solomon Islands. The recommendations arising out of that work were substantially similar to those for Solomon Islands: ratification of the 2001 UCH Convention with consequential, but limited, amendments to a range of legislation and the adoption of a new stand-alone legislative instrument to give effect to the 2001 UCH Convention. As yet, no action appears to have been taken following this work and recommendations. Trite, but again the underlying cause is a lack of resources. SUSTAINED INSTITUTIONAL AND STATES PARTIES ASSISTANCE Both Solomon Islands and Marshall Islands would benefit from ratification of the 2001 UCH Convention and both States appear eager to do so. The inevitable effect of consultants working remotely with no ongoing relationship with those in the States responsible for progressing the path to ratification has begun to toll on the momentum generated by the work undertaken in the past two years. Given these States’ significant financial and capacity constraints, and where cultural heritage issues are a low priority given the geo-political and environmental challenges being addressed, it is difficult to criticise lack of progress. It thus falls to those assisting these States to persist in ongoing dialogue, and perhaps just a little bit of pressure, to ensure that momentum does not falter and fade entirely. There is thus a role to play for organisations such as UNESCO Pacific Office, Pacific Islands Museum Association, International Council of Monuments and Sites (ICOMOS) - both ICOMOS Pacifika and ICOMOS International Committee on Underwater Cultural Heritage), and the Pacific Heritage Hub at University of the South Pacific. All have an interest in assisting these States, but there appears to be little coordination and sharing of the load, in part because these organisations too face resourcing constraints. Perhaps what is needed is a more coordinated approach with one organisation that takes the lead and coordinates the efforts of all other organisations with an interest in the protection and management of the Pacific UCH. 5 �The 2001 UCH Convention (article 2(2)) is, above all, a cooperative regime and States Parties are bound to cooperate as a fundamental principle of this regime. Australia is edging close to ratification. In 2018, the federal government adopted the Underwater Cultural Heritage Act that is consistent with the 2001 UCH Convention and will allow for Australia to fulfil its obligations following ratification. In March 2003 the Federal government’s Joint Standing Committee on Treaties concluded its hearing and report on the 2001 UCH Convention by recommending ratification. If, as is now highly likely, ratification will take place, Australia will owe obligations to other States Parties, and if those were Pacific States, the benefits of having a relatively well resourced and highly skilled neighbour would be of significant benefit. Pacific States would do well to follow an Australian ratification. Bibliography Forrest, Craig and Corrin, Jennifer. “Legal Pluralism in the Pacific: Solomon Island’s World War II Heritage” International Journal of Cultural Property 20 (2013): 1-21. Forrest, Craig and Jeffrey, Bill. UNESCO Report: Underwater Cultural Heritage (UCH)-related legislation and programme review in the five countries in Micronesia United Nations Educational, Scientific and Cultural Organization, 2018. Guerin, Ulrike, Egger, Barbara and Penalva, Vindha. Underwater Cultural Heritage in Oceania. Paris: UNESCO, 2010. Hamman, Evan and Hølleland, Herdis. Implementing the World Heritage Convention. Cheltham (UK): Edward Elgar Press, 2023. Jeffrey, Bill, McKinnon Jennifer F. and Van Tilburg, Hans. “Underwater cultural Heritage in the Pacific: Themes and Future Directions.” International Journal of Asia Pacific Studies 17, no. 2 (2021): 135-168. Mckinnon, Jennifer F. and Kimura, Jun. Feasibility Study on a Pacific Underwater Cultural Heritage Capacity Building Programme. Paris: UNESCO, 2012. Naone, Mary Jane. The Underwater Cultural Heritage of the Marshall Islands; A Discussion of the Resources, the Legislation, the Community, Protection and Preservation. The MUA Collection, 2011 http://www.themua.org/collections/items/show/1185 Nishikawa, Chihiro. “Underwater Cultural Heritage in Asia Pacific and UNESCO Convention on the Protection of the Underwater Cultural Heritage.” International Journal of Asia Pacific Studies 17, no. 2 (2021): 15-38. Takahashi, Akatsuki. “UNESCO Convention on the Protection of the Underwater Cultural Heritage and the Pacific Small Island Developing States (SIDS).” The MUA Collection, 2011 http://www.themua.org/collections/items/show/1575 World Bank Gross Domestic Product 2021 https://databankfiles.worldbank.org/public/ddpext_download/GDP.pdf Worldometer 2023 https://www.worldometers.info/world-population/population-by-country/ UN World Pollution Prospects 2002: Summary of Results https://www.un.org/development/desa/pd/sites/www.un.org.development.desa.pd/files/wpp2022_summary_of_results.pdf 6 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource 2023 Session 17: The 2001 Convention: from ‘constructive ambiguities’ to ‘destructive misunderstandings’ Subject The topic of the resource Session 17 papers Description An account of the resource Papers presented at Session 17 of the 2023 Asia Pacific Regional Conference on Underwater Cultural Heritage Creator An entity primarily responsible for making the resource Asia Pacific Regional Conference on Underwater Cultural Heritage Publisher An entity responsible for making the resource available The Museum of Underwater Archaeology Date A point or period of time associated with an event in the lifecycle of the resource November 2023 Rights Information about rights held in and over the resource Asia Pacific Regional Conference on Underwater Cultural Heritage Language A language of the resource English Rights Holder A person or organization owning or managing rights over the resource. Asia Pacific Regional Conference on Underwater Cultural Heritage Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Motivating and Enabling Pacific States to Ratify the 2001 UCH Convention Description An account of the resource Ratifications of the 2001 UCH Convention by Pacific States has been poor. Using Solomon Islands and the Marshall Islands as case studies, this paper begins by considering the utility of the 2001 UCH Convention for these States before turning to the difficulties and challenges in enabling ratification. These include not only capacity issues but also the extent to which ratification requires amendment of existing laws and broader policy issues relating, for example, to tourism and international relations. Creator An entity primarily responsible for making the resource Dennis Marita Ellen Lekka Craig Forrest Publisher An entity responsible for making the resource available The Museum of Underwater Archaeology Date A point or period of time associated with an event in the lifecycle of the resource 2023 Language A language of the resource English Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. Marita, Dennis, Ellen Lekka, and Craig Forrest. 2023. “Motivating and enabling Pacific States to ratify the 2001 Convention.” Edited by Jennifer Craig, Jay Mok, T. Kurt Knoerl, and Mariano Azna. In Proceedings of Fifth Asia Pacific Regional Conference on Underwater Cultural Heritage: Gwangju, The Republic of Korea, November 13-18 2023. The Museum of Underwater Archaeology. URL: https://apconf.omeka.net/exhibits/show/apconfproceedings/item/1911 Asia-Pac Session 17 2023 https://apconf-much.org/proceedings/files/original/88a6a949dfd7178bd3445fe4eb22138a.pdf 16dcbcccbbb8647d5df1433c10710ac7 PDF Text Text THE SOCIAL HISTORY OF ARTEFACTS AND THE LAW IN SOUTHEAST ASIA Professor Craig Forrest (University of Queensland, Director, Marine and Shipping Law Unit) ABSTRACT The loading of objects on a vessel, their loss, then physical discovery, recovery and subsequent movement, all take place in a legal context. That context is not static and cannot be viewed entirely in hindsight from the now. In unravelling the legal rights and interest to recovered objects the inter-temporal nature of the law requires consideration and possible application. Moreover, irrespective of what law applies at any given time, this intertemporal legal context reflects evolving values and is part of the object’s social history. This paper examines this intertemporal nature of salvage law and other related laws as they might apply to objects recovered in Southeast Asia over the past 40 years. THE COLLECTION The Abbott Collection comprises approximately 2300 ceramics purchased by a private collector from antique markets in Indonesia and Singapore between 1966 and 2016. The collection has never been catalogued but is believed to include ceramics from a wide range of South-East Asian States, including Thailand, China, Indonesia and Viet Nam, with some dating from at least the 9th century (Polkinghorne 2022, 11-12). As collectables, these ceramics have little or no provenience or provenance other than, in some cases, the identity of the seller in Indonesia or Singapore. Marine encrustations and glaze condition, together with information provided by the antique sellers in some cases, suggests that most were recovered from shipwrecks in Indonesian waters. Otherwise, little is known about these ceramics. They could, however, reveal much about the Maritime Silk Route and the entities involved. In investigating these ceramics, the project seeks to establish the ceramics “original cultural and historical contexts and to re-establish links to their communities of origin” (Polkinghorne 2022, 12). This entails undertaking provenience and provenance research and linking the collection with communities with verifiable links to each ceramic. That link could be the place of manufacture, the place of loading on board the ship, the nationality of the ship and or its owners, or the place of its sinking. That link could also include those who recovered the ceramics from the shipwrecks, facilitated its movement to market, and ultimately the seller and purchaser. THE LEGAL CONTEXT The collector purchased the ceramics and shipped them from Indonesia or Singapore to Australia in good faith and in the belief that all actions were in accordance with the laws as understood at the time. Nevertheless, the lack of any provenience or provenance at the time of purchase means that the legal context would have been largely unknown. As this project reveals the provenience of each ceramic so the provenance and wider legal context will require investigation and application. With 2300 ceramics acquired over a 50-year period, such an undertaking is onerous. This is made more complex as the manufacture of a particular ceramic, its loading on board a vessel, loss, then physical discovery, recovery and subsequent movement, all take place in a legal context that changes over time and place. That context is not static and cannot be viewed entirely in hindsight from the now. This paper considers this inter-temporal nature of the applicable law, as well as its determination across place – jurisdictions. This consideration of the legal context is not, however, purely for the purpose of determining its current status. The applicable law – in time and place – also reflects the social history of the ceramic. 1 �Each ceramic in this collection was a trade good; manufactured as a commodity. Who owned it, how it was traded, and how it was shipped would have been governed by the law at that point in time. Moreover, that law might differ depending on where the ceramic was at that point in time. As such, if for example, it was manufactured in what is now China, the law of that place might apply to ownership when manufactured, but the law of some other place, such as what is now Singapore, might have applied to the sale of the ceramic while the law of the nationality of the ship or its owner might apply to its transportation. Moreover, what these laws were in the 15th century will be quite different to that applied in the 18th century. Having been lost at sea, the ceramics in this collection were likely salvaged sometime in the last 100 years, and more likely only in the last 50 years, given the state of diving and salvage technology. Most, but perhaps not all, of the ceramics in this collection are thought to have been recovered in waters over which Indonesia today exercises some form of jurisdiction, and if in the territorial waters – which is most likely - absolute sovereignty. But it may not have been salvaged by an Indonesian national or from an Indonesian vessel, and at the time of salvage, the location of the shipwreck might not have been in Indonesian waters given the changes in jurisdiction over the last 100 years. Even within Indonesian territorial waters, the law of Indonesia has also changed considerably, especially in the last 30 years. INDONESIAN LAW The earliest applicable Indonesian law that will have applied is ‘Barang Muatan Kapal Tenggelam (BMKT)’ which translates to ‘valuable items recovered from shipwreck’, contained in Chapter VII of the Indonesian Commercial Code since 1938 and based on traditional Dutch salvage law. That is not to say that it was actually applied and there are likely to have been many cases where local communities simply recovered ceramics and sold them to dealers without recourse to any legal mechanisms; and without any original owner to pursue the ceramics, no legal issues would have arisen. Indonesian law also provided some protection over cultural heritage that was also based on early Dutch colonial law. In 1931, the colonial government enacted the Monumenten Ordonnantie Number 19 of 1931 (Stbld. 1931 no. 238) which imposed an obligation to register cultural property and banned their export. This Law was subsequently amended by Monumenten Ordonnantie Number 21 in 1934 (Stbld. 1934 no. 515). It is not likely these laws applied to underwater cultural heritage. Following the salvage and sale of ceramics from the Geldermalsen, Indonesia introduced legislation, Presidential Decree Number 43 of 1989, that regulated the salvage of historic wrecks and asserted ownership of all wrecks within Indonesian territorial waters (Pearson 2019, 709). This legislation also established the National Committee for the Recovery and Utilisation of Valuable Items from Shipwrecks. This Presidential Decree was subsequently replaced with Presidential Decree Number 25 of 1992 together with Law No. 5 year 1992 concerning Cultural Heritage, which was enacted following the Belitung looting in the early 1990s. At the same time, the salvage law regime was also changed when Chapter VII was taken out of the Commercial Code and replaced with Law Number 21 of 1992 concerning Navigation (which was later replaced by Law No. 17 of 2008 concerning Navigation) (Nayati 1998, 144). Further legislative changes occurred in the 2000s. In 2009, a Minister of Finance Regulation No. 184 of 2009 addressed Procedures for Determining the Status of Use and Sale of Valuable Objects from the Ship's Shipwreck, followed, in 2010, by amendments to the law protecting cultural property in Law No. 11 of 2010 that imposed a temporary moratorium on commercial salvage. This was made permanent in 2016 in Presidential Decree No. 44 of 2016 which included historic wrecks in one of the Negative List of Investment, effectively imposed a moratorium on salvage operations (Pearson 2019, 709). Other relevant regulations include an export ban under Ministry of Trade Regulation No. 44/M-DAG/PER/7/2012 and optimisation of Indonesian cultural heritage under Law No. 5 of 2017 2 �concerning Cultural Advancement. Most recently, Presidential Decree No. 1 of 2022 concerning Registration of Cultural Property was introduced. These amendments were largely intended to ensure that Indonesia kept significant and scarce artefacts stored in museums. But legislative definitions of ‘cultural heritage value’ and ‘national identity’ are so ambiguous as to have little or no legislative significance. Most importantly, Presidential Decree Number 8 of 2023 reinstituted the government-controlled salvage regime, which reverted to the shared model of public/private sharing of the salvage of underwater cultural heritage (UCH). AUSTRALIAN LAW While the Indonesian law is pertinent to the provenance of the ceramics, the collection is in Australia and subject to Australian – South Australian and Federal – law. It is thus principally Australian law that governs the ceramics. In light of the socio-legal history of a ceramic, how then is Australian law to address them? While this short paper cannot address this complex issue in detail, three important underlying principles are considered: the nature of inter-temporal law, non-retrospectivity and the choice of law in conflict of laws. Inter-temporal law The doctrine of intertemporal law, in the words of Judge Huber of the International Permanent Court of Arbitration, means that “a juridical fact must be appreciated in the light of the law contemporary with it, and not of the law in force at the time when a dispute in regard to it arises or falls to be settled” (Island of Palmas 1932, 845; Elias 1980, 286). As such, whether the recovery of a particular ceramic in, say, 1967, was legal, recourse must be had to the law that existed in 1967 at the place where the salvage occurred, or, if then in international waters, at the place where the ceramic was landed. It is the law as then in existence that will determine rights and duties of the relevant actors, including the salvor, the original owner and the relevant State. The collection is therefore going to be divided into categories dependant on the governing law at the time and place of their recovery; each category giving rise to possibly different rights and obligations. The greater the incremental change in the law in a particular place and the more places involved, the more categories are likely to emerge. Judge Huber went on to clarify the doctrine by declaring that “as regards the question which of different legal systems prevailing at successive periods is to be applied in a particular case (the so-called intertemporal law), a distinction must be made between the creation of rights and the existence of rights” (Island of Palmas, 1932 845; Elias 1980, 286). What this means is that while the right might be acquired in accordance with the law at that time, its continued validity is also dependant on the law at any point in time thereafter when the right is relevant to a dispute. This clarification on the doctrine is, at least in an international law context, is subject to some debate but as a general proposition it is appropriate for the case in question (Elias 1980, 292). It means that, for example, the salvor might acquire salvage rights over the wreck, but over time, should the law as to the rights of the salvor over the wreck site change, then the changed law might apply. That new law would not address the acquisition of the right to the wreck, but only the continuation of that right. The debate concerning this clarification of the doctrine lies in the risk that the application of a new law might, in effect, amount to a retrospective law that negates the original acquisition of the right. This is a particular risk where the new law arises from a statutory instrument or an international agreement domestically implemented, such as the 2001 UNESCO Convention on the Protection of UCH (2001 Convention). 3 �The emergence of Australia’s Historic Shipwreck Act 1976 might illustrate this point. The Act was adopted in part to address the discovery of a number of old Dutch shipwrecks and the recovery of objects from these sites. For current purposes, the recovery was legal in accordance with the law at the time, and as such, the new Act could not apply retrospectively such that it negated the acquisition of the salvage rights of the salvors. The Act did, however, impose a new obligation on the salvors: a requirement that they register all objects that had been recovered from those sites. Since his new law did not impact the right acquired at the time of recovery, but imposed a new statutory obligation, it applied only from 1976 onwards. Inter-temporal law then is not only a consideration of the rights acquired at the relevant point in time, but also the impact that changing laws then have on those rights over time (and place), provided that the new law did not apply retrospectively. Non-retrospectivity The prohibition of the application of any law retrospectively is often, but not universally, regarded as a fundamental principle of law, especially with respect to criminal law (Kryvoi and Matos 2021, 46). It is generally applied to international conventions such as the 2001 Convention. As codified in article 28 of the Vienna Convention on the Law of Treaties which declares that “[u]nless a different intention appears from the treaty or is otherwise established, its provisions do not bind a party in relation to any act or fact which took place or any situation which ceased to exist before the date of the entry into force of the treaty with respect to that party”. As article 28 evinces, this is not an absolute prohibition. Indeed, States may give a treaty, or some of its provisions, retroactive effect (von der Decken 2018, 510). Many States, for example, argued the 1970 UNESCO Convention that addresses the illicit trafficking of cultural heritage, should have applied retrospectively in order to address the loss of their heritage during the colonial era. Whilst not accepted, this nevertheless illustrates the circumstance in which States may regard retroactivity as legitimate. It may thus be open to a State such as Indonesia to address the issue of salvage and export of UCH through retrospective legislation, though this may come at a cost in terms of claims for lost rights from individuals. Such legislation would have to be unequivocal in its scope of application. It remains to be seen whether this research project will reveal any instances of retrospective legislative application and its effect on the applicable law. Choice of law in conflict of laws Since the Abbott Collection ceramics are found in Australia, only Australia has the judicial capacity to determine and enforce rights to them. It is thus Australian law that applies. That does not, however necessarily mean that Australian domestic rules will apply given Australian choice of law rules that are applied when there is a conflict between the laws of different jurisdictions relevant to the dispute in question; and in this case between the laws of Australia and Indonesia (though other jurisdiction may also be pertinent, such as China, Viet Nam etc, depending on the ceramic in question). As a general proposition, the Australian common law choice of law rule for rights to property is the law of the place where a property was situated at the time the property right is said to be acquired - the lex rei sitae (Davies et.al 2019, 795). A salvor’s property right to ceramics salvaged in Indonesian territorial sea will therefore be determined in accordance with Indonesian law at that time, even if that dispute were to be adjudicated in Australia. Where the location is not in Indonesian waters, the determination of the applicable law may be rather more complex and require detailed consideration of the conflict of law rules in an intertemporal context: not always an easy undertaking. 4 �A SOCIO-LEGAL HISTORY OF THINGS The ceramics in this collection, ranging from as early as the 9th century and recovered in different locations over a period of 50 years, means the applicable law at any given point in time is not a straightforward task. If identifying a particular right, or the legality of a particular act needs to be determined, then this is a necessary task. But for each ceramic the continually changing legal context is also part of its social history. The applicable law would have played a role in shaping the initial commodification of the ceramic, its transformation across space and time as its exchange value and use by different social groups have altered to a point where it is elevated beyond commodification and transformed into a public good This project therefore not only seeks to identify and apply the relevant law to each ceramic, but to place its socio-legal history as a fundamental component of the ceramic as we understand and utilise it today. BIBLIOGRAPHY Davies, Martin; Bell, Andrew, Brereton, Pau and Douglas, Michael. Nygh’s Conflict of Laws in Australia, 10th ed LexisNexis, 2019. Elias, T.O. “The Doctrine of Intertemporal Law” The American Journal of International Law n. 74 (1980) 285. Hatcher, Michael and Thorncraft, Anthony The Nanking Cargo Hamish Hamilton 1987 Island of Palmas case (Netherlands, United States) 2 R. Int’l Arb. Awards 831 Polkinghorne, Martin. Reuniting cargoes: Underwater Cultural Heritage of the Maritime Silk Route, Australian Research Council Linkage Grant, 2022 (on file with author) Kryvoi, Yarik and Matos, Shaun. “Non-Retroactivity as a General Principle of Law” Utrecht Law Review no. 17(1) (2021) 46–58. Nayati, Pudak. “Ownership Rights Over Archaeological/ Historical Objects Found in Indonesian Waters: Republic of Indonesia Act No 5 Of 1992 on Cultural Heritage Objects and its Related Regulation” Singapore Journal of International and Comparative Law, no. 2 (1998): 142 – 174. Pearson, Natali. “Protecting and Preserving UCH in SE Asia.” in The Palgrave Handbook on Art Crime. Edited by Hufnagel, Saskia and Chappell, Duncan, 685-730. Palgrave MacMillan, 2019 von der Decken, Kersten. ‘Article 28’ in Oliver Dőrr and Kirsten Schmalenbach (eds) Vienna Convention on the Law of Treaties: A Commentary Springer Palgrave, 2018 510. 5 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource 2023 Session 24: Recovering dispersed and salvaged legacy collections of UCH in Southeast Asia Subject The topic of the resource Session 24 papers Description An account of the resource Papers presented at Session 24 of the 2023 Asia Pacific Regional Conference on Underwater Cultural Heritage Creator An entity primarily responsible for making the resource Asia Pacific Regional Conference on Underwater Cultural Heritage Publisher An entity responsible for making the resource available The Museum of Underwater Archaeology Date A point or period of time associated with an event in the lifecycle of the resource November 2023 Rights Information about rights held in and over the resource Asia Pacific Regional Conference on Underwater Cultural Heritage Language A language of the resource English Rights Holder A person or organization owning or managing rights over the resource. Asia Pacific Regional Conference on Underwater Cultural Heritage Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Social History of Artefacts and the Law in Southeast Asia Description An account of the resource The loading of objects on a vessel, their loss, then physical discovery, recovery and subsequent movement, all take place in a legal context. That context is not static and cannot be viewed entirely in hindsight from the now. In unravelling the legal rights and interest to recovered objects the inter-temporal nature of the law requires consideration and possible application. Moreover, irrespective of what law applies at any given time, this intertemporal legal context reflects evolving values and is part of the object’s social history. This paper examines this intertemporal nature of salvage law and other related laws as they might apply to objects recovered in Southeast Asia over the past 40 years. Creator An entity primarily responsible for making the resource Craig Forrest Publisher An entity responsible for making the resource available The Museum of Underwater Archaeology Date A point or period of time associated with an event in the lifecycle of the resource 2023 Language A language of the resource English Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. Forrest, Craig. 2023. “The social history of artefacts and the law in Southeast Asia.” Edited by Jennifer Craig, Jay Mok, and T. Kurt Knoerl. Proceedings of Fifth Asia Pacific Regional Conference on Underwater Cultural Heritage: Gwangju, The Republic of Korea, November 13-18 2023. The Museum of Underwater Archaeology. URL: https://apconf.omeka.net/exhibits/show/apconfproceedings/item/1913 Asia-Pac Session 24 2023 https://apconf-much.org/proceedings/files/original/e85517c892d580a7223b27c2d464598d.pdf fae990492aaddcfcbc7eedd230a7d9f2 PDF Text Text The Subcritical Mass-Treatment of a Range of Iron Artifacts from Varying Contexts Nasanen, L. M. E.; González-Pereyra, N. G.; Cretté, S.A. Abstract The use of subcritical fluids for the treatment of archaeological and marine archaeological iron artifacts has been under experimentation at the Clemson University’s Warren Lasch Conservation Center (WLCC) since 2003 and has shown promise of providing solutions to some of the issues related to the more traditional desalination treatments: Treatment times are but a fraction of those required by the soaking methods; chloride readings are brought to near-negligible levels; desalination can be carried out with or without prior deconcretion; solutions are maintained in sealed containers for the duration of the treatments; and positive results have been seen so far with tests for long-term stability of treated artifacts. Particularly remarkable has been the effect the process appears to have had on corrosion matrices containing the chloride-hosting iron oxyhydroxide, Akagenéite (β-FeOOH) on artifacts that have been allowed to dry out. Results have shown a significant reduction in the quantities of this phase – often linked to the continuation of active corrosion processes within iron artifacts – through transformation into more stable corrosion products such as magnetite and hematite. Experiments carried out to date have not only involved single samples and artifacts, but testing has progressed to a stage where numerous artifacts have been successfully stabilized simultaneously in the same batch. The work presented describes three of such desalination treatments. The first run included a single wrought iron ballast block from the H.L. Hunley, a confederate Civil War submarine lost in battle in 1864. This was followed by the first batch run on five similar ballast blocks and a second with nine iron artifacts of varying composition, context and condition, selected from the National Park Service (NPS - USA) curatorial collection. Introduction After extensive studies and testing for 9 years at the WLCC, the subcritical treatment has proven to be an effective alternative for the stabilization of iron and iron corrosion products of materials recovered from marine and terrestrial contexts. In order to stabilize the iron matrix, the presence of chloride ion (Cl-), often linked to active corrosion processes must be eliminated or rendered inactive (deViviés, et al. 2007: 26-30; Drews, et al. 2004: 247-260; González, et al. 2007: 32-37). The desalination treatments used in the conservation field are based on the exchange of Cl- with hydroxide ions (OH-). Therefore, the solution carrying the OH- must reach the sites where the Cl- are located, which often means penetrating through pores and interstices following paths with high degrees of tortuosity through corrosion layers and concretion (Selwyn 2004:294-306; Selwyn, et al. 2001:109-120; Selwyn, et al. 1999:217-232). Once the chloride sites are reached, an excess of hydroxide is necessary in order to facilitate the �exchange. Then, the newly released Cl- must diffuse out through the material towards the bulk of the treatment solution. In the atmospheric region these processes are slow and their end point is often difficult to determine. Traditional desalination techniques rely on diffusion, which is based on concentration gradients that are significantly affected by the presence of any type of material that may act as a membrane such as corrosion layers and concretion. The most appealing reason to consider working in the subcritical region is that the properties of water are tunable by simply adjusting the temperature and pressure of the system. Changes in temperature and pressure can provide new thermodynamic and kinetic options, or chemical paths, not viable at lower temperatures. The subcritical metal treatment developed at the WLCC utilizes alkaline solutions at temperatures and pressure above 100°C and 30bar, respectively (Drews, et al. 2011). To date more than 130 experiments have been performed to evaluate the effects of subcritical treatment on a variety of archaeological wrought and cast-iron samples from both terrestrial and marine sites (deViviés, et al. 2007: 26-30; Drews, et al. 2004:247-260; Drews, et al. 2011; Drews, et al. 2005:77; González-Pereyra, et al. 2010:39-49; Mardikian, et al. 2006:82-88). Based on the results, the subcritical treatment has demonstrated to be effective, safe and exceptionally fast in removing chloride (deViviés, et al. 2007:26-30; Drews, et al. 2004:247-260; González-Pereyra, et al. 2010:39-49). This paper discusses three recent treatments using subcritical fluids, with specific emphasis on the benefits this technology may offer to the mass treatments of collections of metallic cultural heritage. Amount of Cl- released during treatment as well as corrosion products and elemental compositions of the various artifacts were monitored using ion chromatography, X-ray Fluorescence, micro-Raman, and SEM-EDS. Subcritical Technique Throughout this paper, the region where water remains in the liquid phase and extends from its normal boiling point (100ºC, 1bar) to its critical point (Tc = 373.9ºC, Pc = 220bar) will be referred to as subcritical region, while the region under 100ºC, at normal pressure, as atmospheric region, as illustrated in Figure 1a. In the sub-critical region there is a significant departure of thermodynamic, transport and chemical properties of water from those at normal conditions, redefining water as a reaction medium. Viscosity, surface tension and density all decrease for pure water or a dilute water solution including the 0.5w% sodium hydroxide (NaOH). Density, probably the most defining thermodynamic property, is affected by temperature. At high temperatures liquid water expands �considerably decreasing its density. Many properties of water are affected by this change, in particular the behavior of water as a solvent (Fernández-Prini, et al. 2004). Viscosity and surface tension are also affected. They decrease as the temperature increases, resulting in enhanced wetting properties and higher ability to penetrate pores or interstices. An increase in the diffusion constants for Cl- and OH- of about 9% will also occur, relative to the diffusion constants at 25oC and 1bar when the temperature and pressure are increased to approximately 180oC and 50bar, respectively (Bird, et al. 1992). The subcritical region also allows the use of NaOH at concentrations that are lower than what is common with traditional treatments, thus easing the burden imposed by its disposal. Additionally, evidence suggests this process also results in the transformation of certain iron corrosion products into more stable phases (akaganéite and lepidocrocite transform into hematite) (deViviés, et al. 2007:2630; González-Pereyra, et al. 2010:39-49). An additional promising characteristic of this alternative treatment is the short treatment times required compared to traditional techniques (chemical, electrochemical or gaseous). Average treatment periods typically fall within fifteen days. Moreover, this technique provides the potential ability to permeate thick concreted and corroded layers which in theory means that iron artifacts may be pre-treated or even stabilized with subcritical fluids, prior to deconcretion or cleaning (González-Pereyra, et al. 2010:39-49). This attribute is of particular interest in the case of terrestrial artifacts that are often too fragile to be cleaned prior to desalination. As such, they often require the addition of a stabilizing consolidant; however this material is likely to interfere with the extraction of the salts. Therefore, subcritical treatment offers the ability to effectively stabilize the residual metal core while the object is still embedded in its concretion. �Subcritical Protocol The schematic diagram depicted in Figure 1b provides the basic elements of the system. It consists essentially of a feed solution reservoir, a high-pressure pump, a treatment cell, a back-pressure regulator to control the system pressure and an eluent collection vessel. Artifacts are placed in the cell and the fluid flow path primed to flush any air out of the system. Next, the system is closed, brought under pressure, the flow is stabilized and the temperature is increased to the set point. Pressure, temperature and flow of the system are monitored using a computer system. Once the system is running, the eluent is sampled periodically and the Cl- concentration is measure at the exit of the cell and in the collection vessel by ion chromatography. When it reaches the level of the feed solution, considered the baseline in Cl- content for ion chromatography, the temperature is turned off and the high-pressure cell is cooled down; the flow of eluent is allowed to continue throughout the cooling process. Once the cell reaches room temperature, the high-pressure pump is turned off and the cell opened to retrieve the desalinated specimen. This latter is then rinsed thoroughly with deionized water and dried quickly to prevent any potential flash corrosion. The Artifacts The Ballast Block “Pioneer” The very first treated artifact utilizing the 40L chamber was a wrought iron ballast block – one of 97 excavated from the H.L. Hunley. Apart from a select few of such blocks, having undergone other means of desalination, the majority of these blocks remain stored together in a very large tank of NaOH 1.0w%. The selected block to undergo subcritical treatment was stored separately for several weeks immersed in a pre-treatment solution of NaOH 0.5w%. Thorough documentation and analysis pre- and post-subcritical treatment were performed, as shown in Figure 2. The artifact record showed that partial deconcretion had been carried out prior to immersion in the storage solution to enhance desalination. However the pre-treatment assessment clearly showed some considerable remains of corrosion products, sediment and marine fauna on the surface, particularly within the fine detail. Some mechanical damage to the original surface of the artifact was also noted, where areas of several centimeters were missing, leaving the wrought iron core exposed. It is important to also note the ballast blocks discussed here had never been allowed to dry out and hence no akagenéite was found prior to treatment. �The Five to Follow Following successful completion of the single ballast block treatment a similar outcome was attempted with multiple artifacts similar in nature. Five further ballast blocks were selected for simultaneous treatment within the 40L chamber. Whilst the artifacts are primarily of the same composition each held very distinct individual characteristics. All had undergone partial deconcretion in the wet state prior to immersion in the above mentioned storage solution, and thus some damage to the original surface had occurred in varying degrees from one block to another. The National Nine The following batch of artifacts consisted of nine iron artifacts from the NPS collection. These were of both, wrought and cast iron, consisting of various parts in some examples and from a range of contexts. One common factor for the selection was concern over the stability of the items. All artifacts had been allowed to dry, had been stored in largely uncontrolled environments and thus displaying clear signs of active corrosion in the form of bright orange powdery corrosion products - commonly within pits - as well as blistering, spalling and cracking in some areas of the original surface. Figure 3 illustrates the condition of four of the artifacts prior to subcritical treatment. These artifacts will act as primary examples throughout the paper, as this particular selection received a so-called ‘full conservation treatment’, and were selected as such due to a more prominent surface detail or complex multiple-part features. Out of the selected four, the ring-peg and hinge showed the most structural complexity with moving components and the presence of threaded bolt and nut assemblies. Complex artifacts such as these have commonly posed additional conservation challenges with regards to desalination due to limited permeability of the wash solution into the joins and crevices of such areas, as well as differential corrosion cells at �peripheral regions with varying exposure to the environment. It should also be stated that some of the artifacts appeared to have been treated with a penetrating oil-type substance, but no conclusions as to the composition of the product were found in previous treatment records, or through analytical means. The artifacts had also been labeled with catalog numbers applied in black ink over a white label painted directly on to the surface of the artifact. Documentation and Analysis All artifacts were systematically assessed through documentation and digital images to identify signs of corrosion. A set of non-destructive characterization equipment was utilized to determine the Cl- concentration, as well as to identify corrosion products. A FujiFilm NDE DynamIX™ IV digital radiography system was used to determine the overall integrity of the object. Corrosion products present on the artifact surfaces were analyzed with a Bruker Optics SENTERRA microRaman spectrometer. Raman data collection and processing was performed using Opus Version 6.5 software. The Cl- concentrations released during desalination was measured by two methods. Chloride Quan Tab® test strips, manufactured by Hach® (Loveland, CO), were used to quickly determine quantitative amounts of Cl- present. Ion chromatography was performed using an ICS-90 ion chromatography system with a IonPac® AS9-HC analytical column, both manufactured by Dionex (Sunnyvale, CA). The data was collected and analyzed using the Dionex Chromeleon™ software. Quantitative and qualitative elemental compositions were determined by an Oxford INCAx-act analytical silicon drift energy dispersive spectroscopy (EDS) fitted onto a Hitachi S-3700N Ultra Large VP-SEM variable pressure scanning electron microscope. Data collected was analyzed with the INCAEnergy software interface. Qualitative and semi-quantitative elemental analysis was also attained with a Bruker handheld Tracer III-SD X-Ray Fluorescence spectrometer. All results were averaged from at least three data collections. Results and Discussion Alongside the evident advantages regarding stability and length of treatment, post-stabilization deconcretion stands out crucially in the eyes of the conservator. The effectiveness of the process allows for drying to take place prior to any mechanical cleaning due to the inherent post-treatment stability of the artifact and its corrosion matrix. This further allows for better and easier visual identification of the corrosion layers and original surface and thus more control �over any removal. Full documentation can be carried out after drying with no time limitations due to the threat of flash corrosion or stresses caused by recrystallization. �Ballast Blocks With regards to the overall appearance of the artifacts, there was very little change with any of the ballast blocks on initial inspection. The first ballast block was stabilized in 16 days. Approximately 90% of the total Cl- released occurred within the first 5 days, with a maximum peak reached on the first day. Furthermore, after the fifth day the concentration of Cl- remained under 1ppm. At the end of the run the total amount of Cl- extracted from the artifact was 0.031w%. To put these results into perspective, they can be compared with similar ballast blocks soaked in NaOH 1.0w% with and without electrolysis (Figure 4a). These treatments required on average 150 days to reach 90% of the total Clreleased, and over one year for total stabilization. �The low amount of total Cl- released during mass treatment of the five blocks group was an expected outcome. Considering that these blocks had been soaking in NaOH 1.0w% for over four years, it was anticipated that most of the Cl- had been removed. Simple soaking in NaOH can be very effective for Clremoval providing the artifacts were never allowed to dry out and akaganéite was not present. Localized color change from orange to black was noted, corresponding generally to lepidocrocite and magnetite respectively. Although superficial deposits had persevered, a change in the physical state of these features was soon noted. Even in the wet state, some of these deposits would readily brush off demonstrating a loss in adherence. This phenomenon has been recognized in previous work, and it has been suggested that increased porosity is due to changes in crystal lattice structure of the corrosion product matrix, and possible leaching out of substitutional and interstitial elements, such as sodium, calcium, chlorine and phosphorous respectively (González-Pereyra, et al. 2010: 39-49). Instead of utilizing hammers and chisels, cleaning could be performed using mostly a scalpel. The original surface, easily identified, had a compact nearmetallic sheen throughout, and appeared somewhat consolidated. Where the benefits of carrying out cleaning procedures after stabilization and in the dry state were particularly accentuated was at the discovery of tool marks and foundry stamps on the ballast blocks, as shown in Figure 2. Where considered necessary, a consolidative treatment by immersion in Owatrol™ oil – an alkyd-based drying oil with an inbuilt corrosion inhibitor was employed. NPS artifacts With these artifacts, a slightly different approach was employed. As seen in the images, the artifacts had very little corrosion layers present to add to the overall volume of the artifact. The challenge with already dry terrestrial artifacts with regards to stabilization treatments under immersion in varying solutions is the inherent physical stresses caused by not only the permeation of the solution into the crevices of the corroded artifact, but also the continued ionic exchange at the active corrosion sites. This is particularly accentuated at pit and blister sites, where the original surface is often forced away from the artifact causing separation and loss of surface detail. Thus chemical stabilization and desalination of dry and terrestrial iron artifacts has been viewed as a considerably difficult and an unresolved issue in conservation (Drews, et al. 2004:247-260; Mardikian, et al. 2006:113-118; North, et al. 1978:174-186; Selwyn, et al. 1999:217-232; Watkinson 2010:33073340). To prevent any further stresses occurring within the artifacts during subcritical treatment the artifacts were soaked in the treatment solution for 72 �hours prior to the run. It was completed in 8 days and the results can be seen in Figure 4d. The plot displays a typical behavior showing a Cl- peak within the first day followed by a significant drop. Similarly to what was observed in the case of the first ballast block, approximately 95% of the total Cl- released took place during the first four days. Post-treatment, SEM-EDS elemental analysis showed a level of chloride under the instrument detection limit of 0.1w%, while pre- and post treatment XRF analysis (Figure 4f) clearly illustrates elimination of chloride from the artifacts. Finally, SEM-EDS confirmed that subcritical conditions did not affect elements such as lead or copper. The corrosion products of all the NPS artifacts were analyzed using microRaman spectroscopy in different areas of the artifact’s surface. Analyzed areas were selected for their diversity in color and texture. Active corrosion was evident, occurring below the original surface, largely in pits with bright orange powdery corrosion products identified as akagenéite (Figure 4c). Lepidocrocite and goethite were found only in a few areas. A striking absence of akaganéite was observed after subcritical treatment, as illustrated in Figure 4e. The akagenéite had been converted to hematite with magnetite and goethite in localized areas. From visual inspection and weight measurements, it was clear that no significant material loss had occurred during treatment, the oil-based consolidant and the number labels applied in a previous conservation campaign had effectively been removed. After analysis and in order to improve the general appearance of the artifacts, micro-air-abrasion was performed on the selected four artifacts. Although consolidation was not considered necessary with regards to the physical integrity of the artifacts, due to an agreement with the NPS, they received a consolidant in the form of Owatrol™ in two applications, with the last application slightly pigmented with natural magnetite powder. This treatment was performed to purely improve the appearance of the artifacts and to allow for assessment of a contrast between a stabilized and a fully conserved artifact. Conclusion Recent experiments using subcritical fluids have shown great promise of resolving many of the issues relating to the stabilization of archaeological iron – marine and terrestrial. The results of this work have encouraged further research and experimentation to improve the methodology and its applicability across the field. Recent focus on such development has revolved around the possibility of modifying the reactor capabilities in order to be able to carry out rinsing and drying within the treatment chamber. Further yet, considerations have been made towards an unfathomable advancement, where subcritical and supercritical �technologies would be combined to allow for the inclusion of the application of tailored corrosion inhibitors and consolidants during a single step in the treatment. In addition small-scale laboratory testing has been initiated to study the effect this fluid technology may have on non-ferrous metals. In short, extensive continued research is necessary in order to implement an integral treatment for metallic cultural heritage, that is effective, fast, reversible, sustainable, safe, and in accordance with conservation ethics. Bibliography Bird, R. B., Stewart, W.E., Vasquez, F.M., 1992 deViviés, P., Cook, D., Drews, M., González, N., Mardikian, P., Memet, J.-B., 2007 Drews, M., deViviés, P., González, N., Mardikian, P. 2004 Drews, M., deViviés, P., González, N., Mardikian, P., 2011 Drews, M. J., deViviés, P., González, N., Mardikian, P., Grogan, K., 2005 Fernández-Prini, R., Harvey, A.H., Palmer, D.A., 2004 “Fenómenos de Transporte : un Estudio Sistemático de los Fundamentos del Transporte de Materia, Energía y Cantidad de Movimiento”. Mexico: Reverte. “Transformation of Akagenéite in Archaeological Iron Artefacts Using Subcritical Treatment” in Proceedings of Metal 07: ICOM-CC International Conference on Metals Conservation. Amsterdam.pp. 26-30. “A study of the Analysis and Removal of Chloride in Samples from the Hunley” in Proceedings of Metal 04: International Conference on Metal Conservation. Canberra, Australia: National Museum of Australia. pp. 247-260. “The Application of Sub-Critical Solutions for the Stabilization of Archaeological Iron”, (Manuscript in preparation). “Evaluation of New Technologies for the Stabilization of Archaeological Iron” in Proceedings of XIV International Materials Research Congress, and IV NACE International Section. Cancun, Mexico: Academia Mexican de Cienca de Materiales, A.C. pp. 77. “Aqueous Systems at Elevated Temperatures and Pressures: Physical Chemistry in Water, Steam, and Hydrothermal Solutions” ed. R. Fernández-Prini, A. H. Harvey and D. A. Palmer. Boston: Elsevier Academic Press. González, N., “The Effects of Cathodic Polarization, Soaking in Alkaline Cook, D., deViviés, Solutions and Subcritical Water on Cast Iron Corrosion �P., Drews, M., Mardikian, P., 2007 González-Pereyra, N. G., Brocard, T., Cretté, S.A., deViviés, P., Drews, M., 2010 Mardikian, P., Drews, M., González, N., deViviés, P., Hunter, J.W., 2006 Mardikian, P., González, N., Drews, M., deViviés, P., 2006 North, N. Pearson, C., 1978 Selwyn, L. S., 2004 Products” in Proceedings of Metal 07: ICOM-CC International Conference on Metals Conservation. Amsterdam, Netherlands. pp. 32-37. “The Use of Sub-Critical Fluids for the Stabilization of Concreted Iron Artifacts” in Proceedings of Metal 2010: ICOM-CC International Conference on Metals Conservation. Charleston, SC - USA: Clemson University. pp. 39-49. “Searching for a Diamond in the Rust: A Review of LargeScale Archaeological Iron Conservation Projects, 19802006” in Proceedings of Iron, Steel & Steamship Archaeology - 2nd Australian Seminar. Perth, Melbourne and Sydney, Australia: Australian National Center of Excellence for Maritime Archaeology. pp. 82-88. “New Perspectives Regarding the Stabilization of Terrestrial and Marine Archaeological Iron” in Proceedings of Iron, Steel & Steamship Archaeology - 2nd Australian Seminar. Perth, Melbourne and Sydney, Australia: Australian National Center of Excellence for Maritime Archaeology. pp. 113-118. A., “Washing Methods for Chloride Removal from Marine Iron Artifacts” in Studies in Conservation. 23, 4, pp. 174-186. “Overview of Archaeological Iron: the Corrosion Problem, Key Factors Affecting Treatment, and Gaps in Current Knowledge” in Proceedings of Metal 04: International Conference on Metal Conservation. Canberra, Australia: National Museum of Australia. pp. 294-306. Selwyn, L. S., “Models For Chloride Ion Diffusion In Archaeological Iron” in McKinnon, W.R., Studies in Conservation. 46: pp. 109-120. Argyropoulos, V., 2001 Selwyn, L. S., "The Corrosion of Excavated Archaeological Iron with Sirois, P.J., Details on Weeping and Akaganéite" in Studies in Argyropoulos, V., Conservation, 44, pp. 217-232. 1999 Watkinson, D., 2010 "Part VI: Corrosion Management - Preservation of Metallic Cultural Heritage" in (ed.) T. J. A. Richardson, Shreir's Corrosion, Elsevier, Amsterdam, London, pp. 3307-3340. � Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Subcritical Mass-Treatment of a Range of Iron Artifacts from Varying Contexts Subject The topic of the resource Session 7 Preservation and conservation of wet archaeological materials and site management Description An account of the resource The use of subcritical fluids for the treatment of archaeological and marine archaeological iron artifacts has been under experimentation at the Clemson University’s Warren Lasch Conservation Center (WLCC) since 2003 and has shown promise of providing solutions to some of the issues related to the more traditional desalination treatments: Treatment times are but a fraction of those required by the soaking methods; chloride readings are brought to near-negligible levels; desalination can be carried out with or without prior deconcretion; solutions are maintained in sealed containers for the duration of the treatments; and positive results have been seen so far with tests for long-term stability of treated artifacts. Particularly remarkable has been the effect the process appears to have had on corrosion matrices containing the chloride-hosting iron oxyhydroxide, Akagenéite (β-FeOOH) on artifacts that have been allowed to dry out. Results have shown a significant reduction in the quantities of this phase – often linked to the continuation of active corrosion processes within iron artifacts – through transformation into more stable corrosion products such as magnetite and hematite. Experiments carried out to date have not only involved single samples and artifacts, but testing has progressed to a stage where numerous artifacts have been successfully stabilized simultaneously in the same batch. The work presented describes three of such desalination treatments. The first run included a single wrought iron ballast block from the H.L. Hunley, a confederate Civil War submarine lost in battle in 1864. This was followed by the first batch run on five similar ballast blocks and a second with nine iron artifacts of varying composition, context and condition, selected from the National Park Service (NPS - USA) curatorial collection. Creator An entity primarily responsible for making the resource Nasanen, L. M. E. González-Pereyra, N. G. Cretté, S.A. Date A point or period of time associated with an event in the lifecycle of the resource November 2011 Asia-Pac Session 7 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Meccan Trade and the Rise of Islam Creator An entity primarily responsible for making the resource Crone, Patricia Publisher An entity responsible for making the resource available Princeton University Press Date A point or period of time associated with an event in the lifecycle of the resource 1987 Type The nature or genre of the resource Book Zotero Author Crone, Patricia Item Type Book Date A point or period of time associated with an event in the lifecycle of the resource 1987 Place Princeton, N.J Publisher An entity responsible for making the resource available Princeton University Press Title A name given to the resource Meccan Trade and the Rise of Islam https://apconf-much.org/proceedings/files/original/d2b1eb07309e48775bfe94f4080ea761.pdf 98a7bba5c02588eeab63501b71740fec PDF Text Text How atob came to be - the evolution of stone tidal weir in the Philippines Cynthia Neri Zayas, Ph.D. Professorial Lecturer, Center for International Studies, University of the Philippines ABSTRACT Stone tidal weirs suggest evolutionary stages of how the human-natural world interacts. From it, “commons” is reflected in the social and cultural milieus among indigenous/local communities.  In the Philippines, an atob is a stone tidal weir built on a gradually sloping reef by piling up stones as a barrier to sift sea creatures carried by the receding tide. This presentation is based on three data sets that will explain how atob came to be. The first set consists of the atob itself. The second set is composed of four related versions of the atob: (a) a simpler weir namely atob-atob 1, a fish aggregating device (FAD) of stones where fish are caught by hand, (b) panihod which is like atob-atob 1, except that fish is caught thru a basket, (c) atob-atob 2 which is not exactly a trap, but an enclosure like a pool to stock live fish for later use, and (d) the mirakolhol (miracle hole), a dug-up hole like a basin. The third set is the panapok (< pang- ‘instrumental affix’ + tapok ‘to pile up’) or pangatob, (< pang- + atob ‘to trap’) built in shallow waters that combines FAD with an encircling net dropped from the boat.  Panapok or pangatob is the missing link to the evolution of the atob. Two methods of analysis are utilized, i.e., a comparative study of material culture, and a semantic analysis of the terms used in naming and describing the weirs. In archaeology, the simplest artifact is often identified as the oldest. Could these weirs with the same features - stone structure, reliance on the tide, and an enclosure - be one and the same, differing only in the stages of their development as trappers reckon their natural world?  My data came from field research between 1990 and 2010, historical materials, and ethnography.   List of Figures Figure 1 Metemorphosis Figure 2 Etyomology and Stone Figure 3 Imitating Nature INTRODUCTION Traps such as atob are intended to lure fish like an aggregating device. The means of gathering the fish vary in many ways. Three data sets are presented here to connect them as an associated method of fishing, thus answering the possible transformation from a simple to a complex atob. The first set of data describes how the atob, in principle, can trap fish. An example of an atob with a catchment or mouth is presented. The second set includes atob-atob 1, panihod, atob-atob 2, and mirakolhol. For fish to take shelter and become stuck when the tide recedes, the atob-atob 1 waits for the tide to come in. A similar method, the panihod involves breaking up or scattering the stone pile in order to direct the fish toward a basket of the same name. Atob-atob 2, on the other hand, is a man-made pool surrounded by stone walls used to store live fish. In a similar manner, a mirakolhol is a man-made hole filled with tree branches and some coconut leaves to entice fish into seeking safety and thus, get trapped. The third set is composed of panapok or pangatob, piled-up the stones that are two fathoms below the water. Left alone for weeks, fishers return in a boat with a net after some time. A net is dropped around the pile of stones, then divers scatter the stones for the fish to swim toward the net. 1.0 Atob, stone tidal weir On progressively sloping reef tides, long stone walls known as atog or atob are constructed in the form of a horseshoe. The stone walls are breached by seawater during high tide, confining the nearby marine life as the tide recedes (Zayas 2023). The "mouth" or taun, a crucial catchment element, is located at the lowest ebb. These fish weirs were constructed along the coastline of a few islands in the Central Philippines. Designed to catch fish swimming above the pools as the tide comes in and release 1 �them as it goes out, imitating the ability of even the most primitive people to catch fish with their hands in natural pools, Nishimura described the weir as: a man‐made [sic] replica of the natural hollow found in rock or coral reef, which the ebbing tide fills with water. Copying the principle of the natural pool, in which even the most primitive [sic] people are able to catch fish by hand, piled‐up stones are used to form artificial basins and are so positioned that fish swimming above the pool at tide are caught in the weir as the tide recedes. The more complicated construction of the stone fish trap, which also relies on the ebb and flow of the tide, includes a stone wing that forces the fish to enter the catching base (Nishimura 1968, 23). There are four features of a stone tidal weir: it is dependent on the ebbing tide; it has a natural hollow or constructed basin on the reef; it has piled-up stones; and it has a wing (leader) that directs fish into the catchment (mouth). These features that can be gleaned in some of the fish traps in the following sections. Figure 1 Metemorphosis 1.1 Origins of the term atob Atol is a cognate term of atob. Atol is mentioned in 1711 CE a river fish trap in Mateo Sanchez's Vocabulario de la lengua bisaya. Francisco Alcina (2004) used a similar word, atub, to describe a large animal deadfall trap or snare roughly 60 years before Sanchez. Alcina described it as a device that forms a narrow passage with stakes and sets a trap between the stakes, adding some large stones on top for greater weight. The trap is suspended and falls by walking over or touching a smaller stick, which they refer to as gisui, catching the crocodile below and crushing it with the smaller stick. Figure 2 Etyomology and Stone 2 �1.2 Etymology of the term Atol is cognate word for atob or atog in Eastern and Western Visayan languages. The English word atoll, defined as a ring of coral rock arranged around a lagoon, is a word that has been borrowed from the Austronesian languages where Philippine languages belong. Atob, atog, antol, and its variations are characterized as a coral stone wall built along tidal flats for the purpose of collecting fish during ebb tide. The two Hispanic sources mentioned above offer an intriguing perspective on the true purpose of the trap. The atol of the sea and the atub of the marshland alludes to specific concepts about trapping technology that may provide a hint to the theory of the genesis of hunting implements among pre-Hispanic peoples. Or, possibly, they allude to anything regarding a cultural tradition of the lithic age and the connection between land-based and marine traps. This is inferred from a belief that Megalithic culture originated in Southeast Asian mountains during the Mesolithic Period. Linguistically speaking, the nautical equivalent of the megalithic civilization on land is a stone tidal weir (Zayas, 2004:560). 1.3 Atob from proto-Philippine *batúʔ ‘stone’ It has been established that the word atob comes from the proto-Philippine *batúʔ ‘stone’ which is bato in many Philippine languages (Paz 1988). It undergoes metathesis, resulting in the initial consonant b ending up in final position, i.e., bato > atob. 1 Three fundamental components of a tidal trap are revealed by analysis of names given to variants of atob, such as hubas and sada, which are also close to the definition of the atoll. These components are a stone wall, an enclosure, and an ebbing tide. This suggests, based on linguistic data, that an atob can only be made of stone and that it may be one of the earliest types of fishing equipment in the Philippines, if not the oldest (Zayas 2004, 56-57). It is noted that atob construction is very versatile. As it is small-scale, it can be modified using other materials such as nets, bamboos and/or wood. I shall describe these later. Figure 3 Imitating Nature 1.4 Atob of stone, reliance on tides, and an enclosure An atob structure is made of stone. It is also a barricade of stones, a mound of stones, and a fish corral of bamboo matting reinforced with piles of stones. Its reliance on the tide can be gleaned from the Bikol languages that refer to ebb tide, i.e., hubas ‘ebb tide’, hubasan ‘place of ebb tide’, and unasan 1 In my conversation with the linguist Yamada Yukihiro, he surmised that the metathesized form atob from bato, mentioning the word stone might have some taboo element. 3 �‘ebb tide’. Finally, as an enclosure, the terms panada, sada, sara and serada are Bikol loan words from the Spanish word cerrar ‘to close’. These terms are defined as stone barricade built on reefs near the shore for catching rockfish during the receding tide. Literally, the term means the act of fishing with the sada or reef barricade (Umali 1950, 130, 147, 151, 152). 2. Atob-atob 1, Panihod with Atob-atob 2 and Mirakolhol Along the tidal flats of Dumaguete City's renowned coastal promenade, Nisi Banay-banay's atob-atob 1 is piled high. When the tide is low, he visits these piles to collect any fish or other aquatic life that sought refuge. He scatters the stone to drive the fish out of the pile. He would later reconstruct his atob-atob after switching from one pile of stone to another. Nearby is an atob-atob owned by Antonia Teves. I learned that her catch in one pile consisted of a variety of coral fishes, native abalone, sea urchins, and a few shells. Akin to Banay-banay’s pile of stones, there is a mention of a similar method of fishing, except that a basket of the same name, panihod, is used as reported by my colleague Ms. Mary Jane Calderon-Hayhow (1994, 431, 458) on the same coast. Atob-atob and panihod are similar, but panihod harvesting requires knee-deep water and a basket. Pan-+ ihod/sahod is a Bisayan expression that means ‘to catch through the flow of anything with a container’. To guide the fish toward the container, the basket is placed between the fisherman's knees. Despite sharing the same name as atob-atob 1, atob-atob 2 is designed to store fish for later consumption or to raise undersized catch for future use. It is built of stone piles, much like an atob (Zayas 1964, 91-92). Meanwhile, mirakolhol (< miracle hole) is a term given by those who introduced the weir from a government agency. It is a hole that has been dug, lined with stones, and filled with coconut leaves and tree branches. Its purpose is to draw captive fish into the pit, where they can find protection even if the rising tide forces them to leave. Because they are not constructed on sloping tidal flats, atob-atob in Gigantes and Dumaguete are stone fish traps rather than stone tidal weirs. In addition, there are no stone walls with a horse-shoe shape there. The mirakolhol has elements of FAD incorporated in the shape of old tires and tree branches while physically resembling an atob. It also serves as a pond for stocks of live fish (Zayas 20004, 64). 3. Atob and taun, the commons, and other inhabitants A non-return valve hidden in the deepest part of the stone walls is the taun, a bamboo trap owned by Tranquilino Chavez. Chavez's atob at Tinigbas, Antique was shaped like a crescent moon and measured roughly 109 meters long and 59 meters wide. Children, mothers, and some elderly folks gathered here during low tide for their supper's side dish. Not against the law for these gleaners to enter the atob, they picked up shells, little octopuses, prawns, and seaweed with their hands or some basic tools. However, they are forbidden from touching Mr. Chavez's taun. When the catch is good, he does share these with his family and neighbors. The atob is not privately owned, but the taun is (Zayas 2011, 72-73). An atob, per se, cannot be owned by anyone. The village owns the reefs and intertidal flats as common property. The stone tidal weir's “accidental” presence does not imply ownership of the area. However, the builder can claim the catchments, known as taun, and the stones used to construct the weir as his, giving him the appearance of ownership because he can harvest from his taun and sell the stones if he so chooses. Sometimes, stones are just picked up and used again to construct a new atog. (Zayas 2009, 126). Until recently (about 2006), family members and neighbors shared the fish, shells, and other items trapped in the weir after the owner had his fill. While adults collected shells clinging to the stacked stones, children would play inside the weir. Essentially, weir construction is community-based on 4 �large or small scales. Communities’ social formation often revolves around the atob’s construction, repair, production, and distribution of catch. Ownership is not about the relationships among members of the community and the weir per se, but about customary relations among people that evolved as a result of constructing the weir and using it for their own benefit (Zayas 2011, 72-73). Sharing the goods without having access to that area suggests that nobody truly controls the sea. Users never act as owners, just as stewards. The concept of the commons for weir owners partly involves sharing fish during ritual activities with other people, as well as with sea spirits. Fishermen think spirits or other beings who are not like us also inhabit the sea. Extensive festivities are held to usher in the fishing season. In a place with humans, spirits live alongside them. CONCLUSION A stone tidal weir called an atob is used in the Philippines to screen marine creatures brought ashore by the receding tide. It is built on a reef that slopes. Simpler traps, such as a mound of stones broken up to drive out fish and catch them by hand, or a similar pile of stones but with the disaggregation aimed at a waiting basket, a pile of stones can also show how an atob works. Specifically, it has a mouth where a taun basket, where the water emerges from the barricade's lowest point, is situated. As the name suggests, atob is shown here as the stone fish tidal weir. Looking at this trap's evolution from simple to complicated reveals how local expertise has enriched its more complex form across a range of situations. It isn't implied that this is how the atob evolved; rather, it merely describes some of the ways it might have progressed as the environment required. At first, there was a heap of stones at the coast, waiting for the ebbing tide to trap aquatic life. The identical pile of stones is then spread in a different manner when the tide is knee-deep. Organisms in the trap are steered toward a basket that is positioned between the trapper's legs. The same-named trap's panihod basket serves as a description of what it is. Two examples of innovations or adaptations to the environment are: (1) dispersing stones when the water is below the knees in place of dry tidal flats; and (2) using a panihod, a basket, to catch fleeing species. In deeper water of two fathoms, panapok or pangatob, the same stone pile is repeated. However, the divers' practice of spreading the stone while enclosing the pile in a double net is novel. Eventually, a traditional stone tidal weir resembling an atob or atog is created. This trap has the same features as the earlier ones. reliance on the tide, use of a stone barricade in place of a pile to scatter fish, removal of stones from the pile to replace the panihod basket, the replacement of the surrounding net with a stone barricade intended to trap fish, and finally, the return to the fundamentals of bato becoming atob, show how trappers have imitated nature. This paper used the association of parts and functions of the weirs to show how similar fishing techniques can shed light on an ancient fish weir's origin and potential evolution. The Philippine counterparts are smaller in scale than the enormous ones found in the Penghu archipelago. It is also an individual or household-type managed fishing method, not clan- or community-based. Due to its portability, it may be modified according to the islands’ weather, wind, and vegetation. In retrospect, the Philippine islands have this type of weir, which is characterized by small-scale stone tidal weirs. Due to their size, they can easily be recycled after usage or transformed into a different type of weir using various materials. Think about how little stones (in comparison to those in Taiwan) can be combined with bamboo and a net. By adding additional power in this way, it becomes stronger. The redesigned weir can also be relocated from one spot to another based on wind or current movement. The presence or absence of mangroves has an impact on where the fish trap is placed as well. The latter is crucial since over the past few decades, mangrove habitats have been transformed into fishponds because of demands from overseas. In particular, shrimp are in high demand. When mangroves are eliminated, fish stop reproducing because they no longer have a place to hide and food to eat. In the Philippines, stone tidal weirs function as fish aggregation devices and draw varied marine creatures, encouraging biodiversity both within and beyond their boundaries. 5 �This communal fish weir embodies the notion of the "commons." To be clear, an atob per se cannot be owned by anybody; the reefs and intertidal flats belong to the village as common property. The “accidental” presence of the stone tidal weir does not suggest ownership of the territory. But since he can harvest from his taun and sell the stones if he so chooses, the builder can claim ownership of the catchments, or taun, and the stones used to build the weir give him the illusion of ownership. To build a new atob, stones are occasionally just taken up and put back together (Zayas 2009, 126). Acknowledgments Field research in Panay was undertaken with the assistance of Lilian dela Peña in 1992 and 2006. BIBLIOGRAPHY Agustin Umali, Guide to the classification of fishing gear in the Philippines. Washington, D.C.: Fish and Wildlife Service, U.S. Dept. of the Interior. Series. Research report (U.S. Fish and Wildlife Service); (1950) 17. Alcina, Ignacio Francisco. History of the Bisayan People in the Philippine Islands 2 (Translated, edited, and annotated by C. J. Kobak and L. Gutierrez. Manila: UST Publishing House (Originally published in 1868 as Historia de las Islas e Indios de Bisayas). 2004. Nishimura, Asahitaro. Living fossil of oldest fishing gear in Japan. In: VIIIth International Congress of Anthropological and Ethnological Sciences, Tokyo and Kyoto. 1968. Paz, Consuelo J.  Appendix: A dictionary of proto‐Philippine morpheme, in A Reconstruction of proto‐Philippine Phonemes and Morphemes, The ARCHIVE. Diliman: Department of Linguistics University of the Philippines.1988. Zayas, C. N. Importance of Stone-weir Heritage in the Arch of Instability- Japan, Taiwan, and the Philippines. Paper presented during the workshop on the project, Indigenous People, Traditional Ecological Knowledge, and Climate Change: The Iconic Underwater Cultural Heritage of Stone Tidal Weirs, June 11-17, 2023, sponsored by the National Central University, Taoyuan, Taiwan, and the Bureau of Cultural Heritage (BOCH), Government of Taiwan.2023. Zayas, C. N. Stone tidal weirs rising from the ruins: cultural scenes from the seascapes of the Pacific Islands. In Journal of Ocean & Culture 2 (2019):88-109. With minor corrections and an addendum, this present text is an updated version of the book edited by Rila Mukherjee in 2017 entitled, living with Water - People, lives, and livelihood in Asia and Beyond. Delhi: Primus Books. Zayas, C. N. Describing stewardship of the common sea among atob fishers of the Pacific Rim Islands – cases from Japan, Taiwan, and the Philippines. South Pacific Studies 31, no. 2 (2011): 71-80. Zayas, C. N. & C. Selerio “Innovation of Stationary Fishing Gear in Guimaras Island, Central Philippines". Philippine Quarterly of Culture & Society 37 (2009):19-34. Zayas, C. N. 海の畑　―　ヴィサヤ諸島・澎湖 (プンフー) 諸島・流球諸島の石干見　(Umi no hatake – stone tidal weirs in the Visayas (Philippines), Pescadroes (Taiwan), and the Ryukyus (Japan)― 2009. In 海の回廊と文化の出会い。橋本　政治 (ed) 。Osaka: Kansai Univ. Press, (2009): 247-281. Zayas, C. N. Bato nga tinumpok”- Stone tidal weirs as representations of “kabilin”, knowledge heritage, and cultural landscapes. Aghamtao 18 (2009):24-33. Zayas, C. N. “Atob and bato– two sides of Philippine lithic tradition.” Studies in Philippine stone tidal weir. Pilipinas 43 (2004): 55-70. Zayas, C. N. Pangayaw and Tumandok in the Maritime World of the Visayas Islands, In The Fishers of the Visayas. The Fishers of the Visayas [Visayas Maritime Anthropological Studies I, 1991-93]. Edited by Iwao Ushijima and C. N. Zayas. Diliman: CSSP Publications Office and the U.P. Press.1994. Zayas, C. N. et. al. Maritime Anthropological Survey in Panay. Report Submitted to the Institute of Fisheries Policy and Development Studies, College of Fisheries, University of the Philippines, Miag-ao, Iloilo. Manuscript. 1993. 6 � Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource How atob came to be - the evolution of stone tidal weir in the Philippines Description An account of the resource Stone tidal weirs suggest evolutionary stages of how the human-natural world interacts. From it, “commons” is reflected in the social and cultural milieus among indigenous/local communities. In the Philippines, an atob is a stone tidal weir built on a gradually sloping reef by piling up stones as a barrier to sift sea creatures carried by the receding tide. This presentation is based on three data sets that will explain how atob came to be. The first set consists of the atob itself. The second set is composed of four related versions of the atob: (a) a simpler weir namely atob-atob 1, a fish aggregating device (FAD) of stones where fish are caught by hand, (b) panihod which is like atob-atob 1, except that fish is caught thru a basket, (c) atob-atob 2 which is not exactly a trap, but an enclosure like a pool to stock live fish for later use, and (d) the mirakolhol (miracle hole), a dug-up hole like a basin. The third set is the panapok (< pang- ‘instrumental affix’ + tapok ‘to pile up’) or pangatob, (< pang- + atob ‘to trap’) built in shallow waters that combines FAD with an encircling net dropped from the boat. Panapok or pangatob is the missing link to the evolution of the atob. Two methods of analysis are utilized, i.e., a comparative study of material culture, and a semantic analysis of the terms used in naming and describing the weirs. In archaeology, the simplest artifact is often identified as the oldest. Could these weirs with the same features - stone structure, reliance on the tide, and an enclosure - be one and the same, differing only in the stages of their development as trappers reckon their natural world? My data came from field research between 1990 and 2010, historical materials, and ethnography. Creator An entity primarily responsible for making the resource Cynthia Neri Zayas Publisher An entity responsible for making the resource available The Museum of Underwater Archaeology Date A point or period of time associated with an event in the lifecycle of the resource 2023 Language A language of the resource English Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. Zayas, Cynthia Neri . 2023. “How atob came to be - the evolution of stone tidal weirs in the Philippines.” Edited by Jennifer Craig, Jay Mok, T. Kurt Knoerl, Paul Montgomery, and Bill Jeffrey. In Proceedings of Fifth Asia Pacific Regional Conference on Underwater Cultural Heritage: Gwangju, The Republic of Korea, November 13-18 2023. The Museum of Underwater Archaeology. URL: https://apconf.omeka.net/exhibits/show/apconfproceedings/item/2012 Asia-Pac Session 11 2023