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                    <text>Recent Efforts in Underwater Cultural Heritage Management
on the Pacific Outer Continental Shelf

Dave Ball
Pacific Outer Continental Shelf Region, Bureau of Ocean Energy Management
Camarillo, California 93010, USA
Email: david.ball@boem.gov
Abstract
The Bureau of Ocean Energy Management (BOEM) is responsible for managing
the nation’s energy and mineral resources on the federal Outer Continental Shelf
(OCS). These resources include conventional energy (oil and gas), renewable
energy (wind and hydrokinetic) and sand and gravel extraction for beach
restoration. As with any federal action or undertaking, an assessment of potential
impacts to the environment, including cultural resources, is required to make an
informed decision. The BOEM Pacific OCS Region is taking a proactive
approach to cultural resources management on the OCS by funding research
efforts that provide baseline information on known and potential underwater
cultural resources, and by identifying best practices for incorporating information
from indigenous communities in the planning process.
Key words: Bureau of Ocean Energy Management, Cultural Landscape, Offshore
Renewable Energy, Outer continental Shelf, Submerged Landform, Tribe
Introduction
The Bureau of Ocean Energy Management (BOEM) is responsible for managing over
1.76 billion acres of seafloor off the coast of the United States (U.S.) and is charged
with regulatory oversight of offshore conventional energy (oil and gas), renewable
energy (wind, wave and ocean currents) and marine minerals (primarily sand and gravel
resources for coastal restoration). The Bureau’s jurisdiction begins 3 nautical miles
offshore and extends approximately 200 nautical miles, to the extent of the Exclusive
Economic Zone1. BOEM’s authority over conventional energy and marine minerals was
established through the Outer Continental Shelf Lands Act (OCSLA) of 1953, which
gave the Secretary of the Interior authority over mineral exploration and development on
the Outer Continental Shelf (OCS). Through the Energy Policy Act (EPAct) of 2005
BOEM (then operating as the Minerals Management Service) also has authority over
offshore renewable energy. The EPAct significantly expanded the bureau’s offshore
energy responsibilities and renewed interest in energy development on the Atlantic and
Pacific OCS. For any federal action or undertaking within the Bureau’s authority, BOEM
1

�must comply with the National Environmental Policy Act (NEPA), the National Historic
Preservation Act (NHPA) and other legislative and regulatory environmental
requirements. Included in those requirements is the obligation to consult with federally
recognized tribal governments, as mandated through Executive Order 13175 and
Secretarial Order 3317. Additionally, the NHPA requires consultation with federally
recognized tribes and Native Hawaiian Organizations for cultural resources that are
considered eligible for listing on the National Register of Historic Places. As BOEM’s
offshore renewable energy program has developed, and applications for construction of
offshore facilities are increasing, it is important that the Bureau properly engage with the
nation’s coastal indigenous communities.

To ensure that the Bureau is consulting

properly, BOEM is funding several projects that seek to be more proactive in developing
the best practices for identifying appropriate information gathering protocols and survey
measures in order to avoid or mitigate adverse effects during development on the OCS.
Each of these projects is rooted in the cultural landscape concept, which seeks to
develop a more holistic understanding of areas that could be affected by a proposed
action

or

undertaking

by

integrating

environmental

science

with

historical,

archaeological and traditional knowledge.
Cultural Landscape Approach
The concept of cultural landscapes is not new.

According to the United Nations

Educational, Scientific and Cultural Organization (UNESCO), “[I]n 1992, the World
Heritage Convention became the first international legal instrument to recognize and
protect cultural landscapes” (Mitchell et al., 2009: 19). UNESCO defines a cultural
landscape as embracing…
“…a diversity of manifestations of the interaction between humankind and
its natural environment.
Cultural landscapes often reflect specific
techniques of sustainable land-use, considering the characteristics and
limits of the natural environment they are established in, and a specific
spiritual relation to nature…Cultural landscapes are illustrative of the
evolution of human society and settlement over time” (Mitchell et al., 2009:
19-20).
In recent years the cultural landscape approach has also gained traction and
acceptance within the federal historic preservation program in the U.S. For example,
the U.S. National Park Service’s Bulletin 36 defines a cultural landscape as, “a
2

�geographic area, including both cultural and natural resources and the wildlife or
domestic animals therein, associated with a historic event, activity, or person or
exhibiting other cultural or aesthetic values” (NPS, 1994). More recently, the U.S.
National Oceanic and Atmospheric Administration’s (NOAA) Marine Protected Areas
Federal Advisory Committee issued a white paper in 2011, which recommended
incorporating a cultural landscape approach to “strengthen conservation of resources
that cross the land/sea interface, promote sustainability of those resources and improve
the socio-economic resilience of communities which depend upon them” (MPAFAC,
2011: 4). Additionally, in 2011 the Advisory Council on Historic Preservation (ACHP)
released the Native American Traditional Cultural Landscapes Action Plan, which is
designed to:


Promote the recognition and protection of Native American traditional
cultural landscapes both within the federal government and the historic
preservation community



Address the challenges of the consideration of Native American
traditional cultural landscapes in the Section 106 review process as
well as in NEPA reviews (ACHP, 2012).

This plan was adopted by the ACHP in November 2011 and announced by the White
House on June 28, 2012 (Donaldson, 2012).
BOEM Environmental Studies
Established in 1973 under the former Minerals Management Service, the Environmental
Studies Program (ESP) is an applied science program that was created to develop,
conduct and oversee scientific research specifically to inform policy decisions regarding
offshore energy and marine minerals activities on the OCS.

Research conducted

through the BOEM ESP covers physical oceanography, atmospheric sciences, biology,
protected species, social sciences and economics, submerged cultural resources and
environmental fates and effects. The primary goal of the ESP is to provide information
needed for the assessment and management of environmental impacts on the human,
marine and coastal environments of the OCS and the potentially affected coastal areas.
As a result, BOEM is a leading contributor to the growing body of scientific knowledge
about the nation’s marine and coastal environment. Through BOEM’s ESP, baseline
3

�analysis of underwater cultural heritage resources has been updated off the Atlantic,
Gulf of Mexico and Pacific coasts (Pearson et al., 2003; TRC, 2012; ICF International et
al., 2014, respectively). Each of these studies includes a database of identified and
reported historic shipwrecks and a predictive model of high probability areas that could
be associated with submerged prehistoric landforms, areas that would have been
exposed thousands of years ago during the Last Glacial Maximum (LGM). Additionally,
in support of potential offshore renewable energy development, initial baseline
assessments have been completed along the Atlantic and Pacific coasts of historic
properties that could be affected by alteration of the seascape from construction of
offshore facilities (TRC, 2012; ICF International et al., 2014, respectively).
BOEM held the first commercial offshore renewable energy lease sale for an area off of
Rhode Island in July 2013, and a second sale was held off Virginia in September.
Interest for developing offshore renewable energy has also been expressed elsewhere
on the Atlantic OCS, as well as off the coasts of Hawaii and Oregon within the BOEM
Pacific OCS Region. Offshore renewable energy siting could have an affect on
submerged prehistoric sites and coastal sites that are important to indigenous groups.
Expected impacts to the seafloor will occur from the installation of individual wind, wave
or ocean current generators and associated transmission cable corridors. Additionally,
wind turbines, which can stand 300-500 feet above the ocean surface, will have a
definite visual signature. Depending on how far offshore wind turbines are constructed,
many of these facilities will be visible to some extent from the coast, and therefore will
have some level of affect to the offshore view.
Therefore, as BOEM reviews applications for offshore renewable energy projects, it is
critical that the Bureau not only develop protocols that honor the unique relationship
between the federal government, sovereign tribal nations and indigenous communities,
but also incorporates traditional knowledge and oral tradition into the decision-making
process. To meet these challenges, BOEM has awarded several research studies that
seek to develop best-practices protocols for working with federally recognized tribes and
Native Hawaiian communities, as well as incorporating information from these groups
into the analysis of offshore geophysical survey data. Some of these projects are briefly

4

�highlighted below and two of these efforts will be detailed further in this session by
Valerie Grussing and Hans Van Tilburg.
Submerged Paleocultural Landscapes Project
Off the Atlantic coast of the U.S., where interest in offshore wind energy has been more
prominent, BOEM has entered into a cooperative agreement with the University of
Rhode Island, in partnership with the Narragansett Indian Tribal Historic Preservation
Office, to develop a science-based, standardized best practices methodology for
incorporating tribal knowledge into a predictive model for identifying submerged
landforms.

Developing

Protocols

for

Reconstructing

Submerged

Paleocultural

Landscapes and Identifying Ancient Native American Archaeological Sites in
Submerged Environments seeks to enhance and refine the Bureau’s understanding of
submerged paleocultural landscape distribution on the Atlantic OCS and to better
understand and identify paleocultural landscapes of importance to regional tribes
through collaborative research. Specifically, the project is designed to incorporate
Narragansett Indian Tribal oral history and traditional knowledge with remote sensing
surveys off the coast of Rhode Island in order to develop a geospatial predictive model
that will identify offshore environments with varying archaeological sensitivity for
containing ancient Native American archaeological resources.
The first phase of the project was completed in the spring of 2013, which consisted of a
2-day workshop between invited tribal representatives and archaeologists from Europe
and the U.S. The workshop reviewed current theories on submerged landform
identification and discussed how to respectfully engage Native American tribes. The
second phase of the project will synthesize the information obtained at the workshop,
along with published sources, to develop a methodology aimed at incorporating tribal
knowledge into best practices protocols for developing a model to identify submerged
landforms. Once a working model is developed, researchers will conduct field
investigations and data acquisition, combined with tribal traditional knowledge in order
to validate the model and create a more complete understanding of the paleocultural
landscape off Rhode Island. The project also includes an outreach component with the
Narragansett Tribe and will develop training materials and a documentary film. This
project was awarded as a cooperative agreement through the North Atlantic Coast
5

�Cooperative Ecosystem Studies Unit in July 2012 and should be completed in
September, 2016.
Characterization of Tribal Cultural Landscapes
At the time of this writing, the BOEM Pacific OCS office has received two applications
for offshore renewable energy projects off the Oregon coast. These proposed projects
include a commercial floating wind lease off of Coos Bay and a marine hydrokinetic
(MHK) research lease off of Newport. Prior to receiving these lease requests, the BOEM
Pacific OCS office entered into an interagency agreement with NOAA’s Marine
Protected Areas Center and the Maritime Heritage Program to develop best practices
protocols for working with west coast tribes to incorporate information on tribal cultural
landscapes into the Bureau’s decision-making process. The goal of this project,
Characterizing Tribal Cultural Landscapes, is to develop a proactive approach to
working with Native American communities in order to identify areas of tribal
significance that need to be considered in the planning process.

A more detailed

discussion of this project is provided elsewhere in this session by Dr. Valerie Grussing
in her paper, Characterizing Tribal Cultural Landscapes for Resource Preservation and
Protection.
Hawaii Maritime Heritage
The BOEM Pacific OCS Region office has not yet received any completed applications
for renewable energy projects offshore Hawaii, however, interest has been expressed
for offshore wind development. In May 2012, the BOEM Pacific OCS Region signed an
inter-agency agreement with NOAA’s Office of National Marine Sanctuaries to provide
baseline information on underwater cultural heritage resources off the eight main
Hawaiian Islands. The project, Assessing Historic Properties and Cultural Resources in
the Main Hawaiian Islands, will develop a database of underwater and land-based
cultural resources that could be affected by construction of offshore renewable energy
facilities. The project also seeks to develop a best practices methodology for engaging
Native Hawaiian communities, similar to the Tribal Cultural Landscapes project, so that
information important to Native Hawaiians is included in the planning and review
process for any future offshore renewable energy applications. This is the first cultural
resources-related project that BOEM has undertaken for Hawaii and the information
6

�collected through this effort will provide critical information for taking into consideration
the effects of offshore renewable energy development on cultural resources near the
eight main Hawaiian Islands. Further information on this effort is discussed elsewhere
in this session by Dr. Hans Van Tilburg in his paper, Assessing Historic Properties and
Cultural Resources in the Main Hawaiian Islands.
Submerged Landforms on the Pacific OCS
With the completion of the updated baseline study on underwater cultural heritage for
the BOEM Pacific OCS Region, BOEM developed this follow-up study to further
investigate submerged landforms off the U.S. west coast and to refine the predictive
model for where these landforms might be expected. Archaeological and Biological
Assessment of Submerged Landforms off the Pacific Coast is a multi-disciplinary effort
that will examine existing data sets from areas off the southern California and central
Oregon coastlines that have been identified as having a high potential to be associated
with previously exposed landforms. The project will develop and field test a geospatial
model that will aid in the identification and classification of potential submerged cultural
landforms from existing remote sensing data and seafloor maps in areas along the
Pacific coast. Similar to the Narragansett project on the Atlantic OCS, this project will
evaluate existing remote sensing data and review current theories on sea level rise
during the Last Glacial Maximum (LGM) on the Pacific OCS in order to identify high
probability areas for further testing. Biological indicators, such as hard-bottom features,
will also be assessed to see if these features correlate with possible submerged
landforms. The project will also conduct fine-scale survey and ground-truthing of
identified features and analyze new data for possible indicators of prehistoric human
activity. This project should be completed in 2017.
Pacific Region Ocean Uses Atlas
The last project that the BOEM Pacific Region office is currently undertaking, which has
the potential to incorporate cultural use information from indigenous communities, is the
Pacific Region Ocean Use Atlas (PROUA). The PROUA project was developed through
an inter-agency agreement with NOAA’s National Ocean Service and is designed to
document where coastal communities use the ocean across a full range of typical
human activities and sectors. The primary objective of the project is to enhance ocean
7

�planning for offshore renewable energy development and inform other ocean planning
strategies that require insight on how and where ocean areas are used for recreational,
commercial and industrial types of activity. One component of this project is to conduct
interactive participatory mapping workshops in order to capture the knowledge of
community experts about the patterns of ocean uses occurring off the coasts of Hawaii,
Oregon and Washington. Though the previously discussed efforts have not yet been
completed to fully develop protocols for engagement with coastal indigenous
communities, efforts have been made to invite these groups into the process
appropriately.
Conclusion
With the passage of the 2005 Energy Policy Act, BOEM’s mandate over offshore energy
and marine minerals expanded to include offshore renewable energy. In an attempt to
improve BOEM’s environmental review process and better fulfill the Bureau’s obligation
to consult with federally recognized tribes and Native Hawaiian Organizations, BOEM is
developing a more proactive approach to engage indigenous communities in the
decision-making process in support of offshore renewable energy. Information on each
of the studies described in this paper, as well as other research funded by the Bureau,
can be found on our website at: www.boem.gov\studies\.
Acknowledgement
Funding for the research projects identified above has been provided through the
Bureau of Ocean Energy Management.

The author would like to thank the Tribal

Historic Preservation Offices of the Confederated Tribes of Grand Ronde, the Makah
Tribe, and the Yurok Tribe for their efforts on the Tribal Cultural Landscapes project, as
well as the Narragansett Indian Tribal Historic Preservation Office for their efforts on the
Submerged Paleocultural Landscapes project.
Endnote
1

OCSLA and the Submerged Lands Act define the OCS as all submerged lands lying seaward of state
coastal waters. For most coastal states federal waters begin 3 nautical miles past the mean low tide line,
the exception to this rule includes offshore Texas and the west coast of Florida, whose state waters
extend 9 nautical miles offshore.

8

�References
ACHP (Advisory Council on Historic Preservation), 2012. The ACHP’s Native American
Traditional Cultural Landscapes Action Plan. http://www.achp.gov/traditional-culturallandscape.pdf, accessed 05 December 2013.
Donaldson, M. W., 2012.Native American Traditional Cultural Landscapes Action Plan –
Better

Decisions

for

Historic

Properties.

http://www.whitehouse.gov/blog/2012/06/28/native-american-traditional-culturallandscapes-action-plan-better-decisions-histo-0, accessed 05 December 2013.
ICF International Davis Geoarchaeological Research and Southeastern Archaeological
Research, 2013. Inventory and Analysis of Coastal and Submerged Archaeological Site
Occurrence, Pacific OCS. U.S. Department of the Interior, Bureau of Ocean Energy
Management, Pacific OCS, Camarillo, CA OCS Study BOEM 2013-0115, pp. 363.
Mitchell, N., Mechtild Rössler, and Pierre-Marie Tricaud., (Eds.), 2009. World Heritage
Cultural Landscapes: A Handbook for Conservation and Management
http://whc.unesco.org/documents/publi_wh_papers_26_en.pdf, accessed 04 December
2013.
NPS (National Park Service), 1994. Bulletin 36 Protecting Cultural Landscapes:
Planning,

Treatment

and

Management

of

Historic

Landscapes.

http://www.nps.gov/tps/how-to-preserve/preservedocs/preservation-briefs/36PreserveBrief-Landscapes.pdf, accessed 04 December 2013.
MPAFAC (Marine Protected Areas Federal Advisory Committee), 2011. White Paper
and Recommendations of Managing Marine Resources across the Land/Sea Interface.
http://marineprotectedareas.noaa.gov/pdf/helpfulresources/mpafac_rec_protected_landsea_12_11.pdf, accessed 04 December 2013.
Pearson, C. E., James, Jr., S. R., Krivor, M. C., El Darragi, S. D., and Cunningham, L.,
2003. Refining and Revising the Gulf of Mexico Outer Continental Shelf Region HighProbability Model for Historic Shipwrecks: Final Report. U. S. Dept. of the Interior,
Minerals Management Service, Gulf of Mexico OCS Region, New Orleans, LA. OCS
Study MMS 2003-060, 2003-061, 2003-062, 3 Volumes.
TRC Environmental Corporation, 2012. Inventory and Analysis of Archaeological Site
Occurrence on the Atlantic Outer Continental Shelf. U.S. Dept. of the Interior, Bureau of
9

�Ocean Energy Management, Gulf of Mexico OCS Region, New Orleans, LA. OCS
Study BOEM 2012-008, pp. 324.
Dave Ball is the Pacific Region Historic Preservation Officer and Diving Safety Officer
for the Bureau of Ocean Energy Management (BOEM). Before joining BOEM he worked
for several archaeological firms in the Pacific Northwest. He received a BA in
anthropology from Sonoma State University in 1992 and an MA in anthropology from
Florida State University in 1998. Dave has over 20 years’ experience in archaeology
and has directed field research on both terrestrial and underwater archaeological sites
across the country, including inundated prehistoric sites, World War II shipwrecks, and
deepwater shipwrecks in the Gulf of Mexico. He is currently serving on the Board of
Directors for the Advisory Council on Underwater Archaeology.

10

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                  <text>In 2009, responding to the effort to protect the significant natural and cultural resources within the marine environment for the benefit of present and future generations, the U.S. National Marine Protected Areas Center formed a Cultural Heritage Resources Working Group to provide expert advice on improving the conservation and management of maritime heritage resources. The resulting White Paper provided a series of recommendations to both the U.S. Department of Commerce and the Department of the Interior, including new definitions for cultural heritage, marine cultural resources, tribes, indigenous peoples, and cultural landscapes. Central to these recommendations was a strong endorsement for the Cultural Landscape Approach in the understanding and management of maritime heritage resources (or UCH). Subsequently, the National Oceanic and Atmospheric Administrationâ€™s (NOAA) Maritime Heritage Program has adopted the recommendations of this paper and is implementing a â€œmaritime cultural landscapeâ€ approach to the management of cultural resources within the National Marine Sanctuary System. Also as a part of this initiative, NOAA and the Bureau of Ocean Energy and Management (BOEM) have teamed up to support maritime cultural landscape studies of heritage resources by Native American Tribes and Native Hawaiian communities in the Pacific region. These projects on the U.S. West Coast and in the Hawaiian Islands demonstrate the necessity of adapting a broader range of recognized cultural resources and a more inclusive and participatory management and preservation process. Charismatic resources like historic shipwrecks will always provide unique information for archaeologists and historians, but we do ourselves a disservice if we focus solely on these types of properties, and neglect other perspectives and the broader nature of all types and traces of human existence that lie underwater.&#13;
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                <text>The Bureau of Ocean Energy Management (BOEM) is responsible for managing the nationâ€™s energy and mineral resources on the federal Outer Continental Shelf (OCS). These resources include conventional energy (oil and gas), renewable energy (wind and hydrokinetic) and sand and gravel extraction for beach restoration. As with any federal action or undertaking, an assessment of potential impacts to the environment, including cultural resources, is required to make an informed decision. The BOEM Pacific OCS Region is taking a proactive approach to cultural resources management on the OCS by funding research efforts that provide baseline information on known and potential underwater cultural resources, and by identifying best practices for incorporating information from indigenous communities in the planning process.</text>
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                  <text>The United Nations Educational, Scientific and Cultural Organization (UNESCO) is a specialized agency of the UN. It has 195 Member States. The UNESCO Convention on the Protection of the Underwater Cultural Heritage adopted in 2001 is the international communityâ€™s response to the destruction of submerged archaeological sites by treasure hunters and industrial activities. It reflects the growing recognition of the need to ensure the same protection to underwater heritage as that already accorded to land-based heritage. It provides legal protection, enables States Parties to adopt common approaches to preservation and provides effective professional guidelines on underwater cultural heritage. The Convention and its Annex have been officially endorsed by most professional associations of underwater archaeologists.&#13;
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The 2001 Convention entered into force on 2 January 2009. Today it has been ratified by 44 States. The objectives of the UNESCO session are to:&#13;
* Enhance understanding of the 2001 Convention in terms of its background, its benefits, its ethics and its potentials for contributing to sustainable development,&#13;
* Identify a strategy for enhancing capacity in the protection and research of underwater cultural heritage,&#13;
* Identify a way forward for increasing ratifications of the 2001 Convention by the countries in the region.&#13;
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                    <text>Human remains on underwater cultural heritage:
Ethics, values and law
Elena Perez-Alvaro
Ironbridge International Institute for Cultural Heritage
College of Arts and Law
University of Birmingham
UK
Email: exp140@bham.ac.uk
Abstract
All of the factors and complexities of the issues regarding the management of
underwater cultural heritage reveal the narrow dependence between its management and the historical, sociological, cultural and traditional particularities of every
country. Catastrophes creating shipwrecks frequently also cause deaths, ranging
from single fatalities to disasters claiming hundreds of lives. However there is not a
specific legislation dealing with the treatment of the human remains on shipwrecks.
Nevertheless, the 2001 UNESCO Convention on the Protection of the Underwater
Cultural Heritage includes in its definition the term human remains, which means that
the same guidelines for the protection of the underwater cultural heritage preservation in situ for the public benefit - are also applicable to human remains. In
this regards, this paper will justify that declaring shipwrecks as funerary monuments
or underwater cemeteries in most cases attracts tourism, apart from the own
meaning of these sacred places, and also complies with the 2001 UNESCO
Convention principles. In addition, the possibility of the treatment of human remains
as intangible heritage can lead to a new whole vision for its protection and
management. Underwater cultural heritage can be not only monuments to the great
journey or heroic combat, but also a tool to shape the collective memory. Underwater
cultural heritage can act as a trigger for a set of emotions and memory narrative.
Key words: Human remains, UCH, Submerged cemeteries, Watery graves, 2001
UNESCO Convention

Introduction
The management and protection of human remains as part of the underwater
cultural heritage is a complex ethical issue – as it is in land archaeology - entangled
with technical considerations for being underwater. And although human remains
can be found at sites that are several hundred years old (Dromgoole, 2013), its
preservation depends on different factors and environmental conditions. Different
issues arise from the issue, which requires a lot of unpacking before offering
possibilities. The establishment of the respect for the deceased or the development
and education for the future faces complicated moral questions. One of the
1

�justifications of archaeologist and museum managers for the recovery and/or
exhibition of human remains is the appeal to science and education, which raises
other ethical issues. In addition, the definition of respectful treatment is different in
different cultures. Problems with those who believe on live after death are also a
complicated aspect on the management of human remains. The international
community must establish clear rules about how to protect shipwrecks containing
human remains.
Different attitudes to underwater cultural heritage
The current tendencies on the protection of underwater cultural heritage show
differences in the protection between countries determined by aspects of culture,
such as tradition, mentality or habit. States may also manage and protect their
underwater cultural heritage to shape public memory through the memorial forms,
sites, references and public rituals (Nora, 1996). As a result, the different countries
develop their protection policies according to their system of collective values, which
work as guides to decide what deserves to be preserved and how it has to be
managed. As part of this heritage, shipwrecks can also represent different meanings
for different people in different cultures, so their actions to enable preservation show
a real complexity because of these differences. The complexity of the issue has led
to similar complexities on the procedures to preserve.
Since most of the Earth is covered with water, burial at sea has long been the
accepted norm for mariners all over the world. Most of those burials are accidental
as a consequence of a casualty. Says Delgado (2011): Despite years of shipwreck
exploration as a maritime archaeologist and a decade as director of a maritime
museum, Titanic was never high on my list of lost ships to visit. I'd never considered
it an archaeological site, but rather an underwater museum and memorial. However,
some authors are opposed to the treatment of shipwrecks as cemeteries (Bryant,
2001). This school of thought support its theories by three main assertions:
It is argued that neither history nor the law treats shipwrecks, historic or otherwise,
as protected underwater cemeteries, stating that the historic, social, scientific, and
monetary value of historic shipwrecks dictates that they should not be treated as
underwater cemeteries protected from salvage or recovery. This fact is well
documented: neither history nor the law treats shipwrecks as protected underwater
cemeteries. However, if as we will claim, human remains are underwater cultural
heritage, they are protected and managed by the 2001 UNESCO Convention
2

�(Convention hereinafter), meaning that they have to be preserved in situ. According
to the Convention, the use of these shipwrecks as underwater cemetery will make
the history for future generations.
It is also suggested (Bryant, 2001) that since underwater shipwrecks are unnatural
and do not belong on the bottom of the sea -they belong at their home ports and
intended destinations - neither do human remains belong on the bottom of the seas
there. As a consequence, recovery is acceptable where circumstances permit: the
reason being that while cemeteries are the intended resting places for the dead,
shipwrecks are not, and because shipwrecks have other diverse values, they should
not glibly be labelled as cemeteries and kept off-limits to salvors and others. Historic
shipwrecks containing human remains deserve respect, although not so far as to
treat them as underwater cemeteries that cannot be salvaged, Bryant concludes
(2001). In this regard, it is open to debate that, while cemeteries are the intended
resting place for the dead, shipwrecks are not. Throughout history, cemeteries have
changed their context according to the circumstances: from churches - which are not
meant to be cemeteries - to main squares in the village when there are mass deaths.
Therefore, fatalities and deaths on board - of the now shipwrecks - has converted
them into submerged cemeteries.
Finally and more importantly, it seems that declaring shipwrecks as underwater
cemeteries is generally the result of a need to enhance the cultural identity of a
nation, region or group, something not well accepted in some circles, since it is
highly selective in terms of what is portrayed as worthy of being remembered. In this
sense, the topic of heritage as a tool to shape the collective memory has been well
studied (Nora, 1996; Viejo-Rose, 2011). It seems true that heritage can become an
evocative national symbol, acting as a trigger for a set of emotions and memory
narrative. During a period of deciding what to preserve, efforts are made to shape
public memory through memorial forms, sites, references and public rituals (ViejoRose, 2011). As a consequence, the heritage can be manipulated by the rulers to
remember history in a different way. In the case of the shipwrecks, it is the idea of
those who died for us, for their country.
Legal approach
The Convention defines underwater cultural heritage as:
all traces of human existence having a cultural, historical or archaeological character
which have been partially or totally under water, periodically or continuously, for at
3

�least 100 years such as: (i) sites, structures, buildings, artefacts and human remains,
together with their archaeological and natural context; (ii) vessels, aircraft, other
vehicles or any part thereof, their cargo or other contents, together with their
archaeological and natural context; and (iii) objects of prehistoric character.
This definition appears to represent that human remains are underwater cultural
heritage, regardless of whether they are contained on a shipwreck or just lying at the
bottom of the sea. In other words, human remains under water for at least 100 years
are objects according to the Convention. As a consequence, every article and every
rule of the Convention is applicable to human remains. Any direct citation to human
remains in the rest of the text is redundant and expresses differences with the rest of
the cultural heritage discriminating against - or emphasizing - human remains with
respect to sites, structures, buildings, artefacts, vessels or other vehicles lying at the
bottom of the sea.
The term is used in two more articles. Human remains are also explicitly named in
Article 2.9: States Parties shall ensure that proper respect is given to all human
remains located in maritime waters. This article suggests a respect in any case or
activity when dealing with human remains. The last mention of human remains is
found in the Annex, Rule 5, where it is specified that activities directed at underwater
cultural heritage shall avoid the unnecessary disturbance of human remains or
venerated sites. This last reference deals with human remains contained within the
other underwater cultural heritage, for instance a shipwreck.

However, none of these articles directly states the best conditions to manage human
remains, for instance in cases where the shipwreck is going to be excavated and/or
raised. The Convention does not describe whether the bodies should be recovered
with the ship and reburied, or should remain at the bottom of the sea. It is also not
stated if the human remains should repatriated to their country of origin if the
shipwreck is, for instance, salvaged by a private company.
The Convention mainstays are:
1.

Preservation of underwater cultural heritage for the benefit of humanity;

2.

In situ preservation of underwater cultural heritage;

3.

Prohibition of commercial exploitation of the underwater cultural heritage;

4.

International cooperation in the preservation of underwater cultural heritage.

4

�In this regard, if we finally agree that human remains are in fact underwater cultural
heritage, the same terms are applied. As a consequence, human remains have to be
preserved for the benefit of humanity, they cannot be commercially exploited and an
international cooperation must occur in order to preserve them.
The Convention also establishes what to do with the underwater cultural heritage –
and therefore with human remains - once it has been discovered (Article 18. 4):
A State Party which has seized underwater cultural heritage shall ensure that its
disposition be for the public benefit, taking into account the need for conservation
and research [...] the need for public access, exhibition and education [...] in respect
of the underwater cultural heritage concerned.
Leaving aside the economic definition of public benefit, it is worth to remember that
families may need a place to pray, to honour the victims of the shipwrecks. This
demand is part of the public benefit. Article 18.4 is complemented in the Annex of the
Convention consisting on Rules concerning activities directed at underwater cultural
heritage:
Rule 1. The protection of underwater cultural heritage through in situ preservation
shall be considered as the first option […].
Rule 4. Activities directed at underwater cultural heritage must use non-destructive
techniques and survey methods in preference to recovery of objects. If excavation or
recovery is necessary for the purpose of scientific studies or for the ultimate
protection of the underwater cultural heritage, the methods and techniques used
must be as non-destructive as possible and contribute to the preservation of the
remains.
As a consequence, none of the instruments dealing with the protection of underwater
cultural heritage deal specifically with human remains and how to manage them, but
since human remains are underwater cultural heritage, the same rules are
applicable; the most important direction is the preservation in situ for the benefit of
the public. However, since the two articles refer to human remains in specific terms,
the Convention sows doubts about its specific distinction and consequently, about
the specific treatment. Other instruments, like the Vermillion Accord on Human
Remains (1989) that remarks respectful treatment and consideration of indigenous
communities and the Tamaki Makau-rau Accord on the Display of Human Remains
and Sacred Objects (2005) that establishes ethics on the display of human remains
are not specific to human remains on shipwrecks, although they can be combined.
5

�Watery graves
The community is relaying its history, its past and in some way its future in the hands
of archaeologists. How those elements are going to be managed and manipulated
will build the history of an individual, a community or a nation Archaeologists have
also to respond to an ethic of cultural dignity, which may include obtaining
permission from the descendants of the human remains. The biologically and
culturally related groups must have a substantial role in the decisions and the
treatment of their ascendants. In this sense, there has been an apparent growth of
the notion of shipwrecks as graveyards and memorials, some with traditional notions
of burial at sea, and requiring recognition and respect beyond the protection of the
archaeological remains (human and otherwise) contained within. Among the reasons
of such interest, it is necessary to consider both the controversial aspect of this
option and the effectiveness showed in some countries.
In the first of these two aspects, the controversial one, a group of elements are
combined: from the purely technical to those of ethical or human nature. In this
sense, the recovery of human remains (sometimes with a high number of civil or
military victims) is a source of controversy on the way that both the bodies and the
shipwrecks containing them should be managed. With these controversies, there are
conflicts without a clear solution, where some opinions are opposed to the treatment
of human remains while other ones are related to the need of the historians and
public opinion to understand the facts, and through these gain knowledge of history.
Bryant (2001) remarks that it is widely acknowledged that gaining knowledge about
the past requires examining ruins of earlier cultures, including human skeletal
remains. On the other side to those technical matters, the ethical background
includes some other facts of a particular complexity which determines the actions of
the management and the protection of certain countries. Wight (2009) observes that
the issue of remembering tragedy and oppression in heritage sites is at the centre of
an academic debate surrounding “truth” or “authentic” narratives. Truth, he
continues, depends on a number of ethical codes codified through cultural
background, and religious or secular beliefs. Among these matters, the cultural ones
dominate the picture:
The consideration of death, where there are usually superstitious perceptions, and a
general attitude to the “respect to the dead” and their remains.

6

�-

The religious considerations with transcendental character, and its impetus in

life after death.
-

The consideration of memories as an instrument to continue life after death.

-

The consideration of the past as an example (positive or negative) for the

present and for the future, associated with the collective memory of the human
being. One particular way of this consideration is the one who use the memories as
a tool for the benefit of the social cohesion, to create or strength a national, regional,
local… identity, as explained before. The concepts of monument and hero acquire, in
those contexts, an emotive capacity which can strengthen the goals and the actions
for the protection of the heritage (Nora, 1996).

Shipwrecks as cemeteries
It is necessary for the international community to leave an open option to preserve
shipwrecks with human remains as watery graves. That option will depend both on
the collective interest to remember the tragedy, and the weight of the attitude to
consider the shipwrecks as a sanctuary for the dead people. Anyway, the diversity of
countries of origin and the nationalities of the victims on some shipwrecks reduces
the consideration of an emotional answer to an attack or national identity, although
there is still an attitude of collective awareness of the realities of our times. War
graves have a different consideration (Williams, 2005). They have a particular legal
status which establishes a degree of protection from disturbance: it is a mixture of
salvage principles and legislation relating to military remains. The difficulty comes
when those human remains are something that some want to forget, rather than
remember.

Watery graves as memorials
Part of our identity is based in our cultural property identity. This is the feeling of a
group of people, or of an individual which are influenced by their culture. As Renfrew
and Bahn (2008: 546) remembered, ethnicity today is a living force, and heritage is
an important tool in the definition of national identity. Declaring a shipwreck as a
cemetery can be considered as part of this enhancement of the national identity.
Memorials are highly selective in terms of what they portray as worthy of being
remembered.

7

�Watery graves attracting black tourism
Management of shipwrecks as watery graves can lead to dark tourism, attracting
tourists to a place with special meaning to the friends and relatives of the people who
lost their lives in the disaster. Tragedies can be then exploited, not only to convey
political messages, but also for commercial gain (Sharpley, 2009). Dark tourism is
defined as a different type of tourist attraction. It is the act of travel and visitation to
sites of death, disaster and the seemingly macabre (Stone, 2009). It has to be
analyzed if declaring shipwrecks as watery graves will attract this kind of tourism.
Conclusion
All the factors and the complexities of the issues on the management of the
underwater

cultural

heritage

reveal

the

narrow

dependence

between

its

management and the historical, sociological, cultural and traditional particularities of
every country. The 2001 UNESCO Convention includes the term human remains
within its definition of underwater cultural heritage. As a consequence, the same
principles applicable to the underwater cultural heritage – no commercial
exploitation, preservation in situ, preservation for the benefit of the mankind and
international cooperation- are also valid for human remains. Preservation in situ of
human remains means the treatment of shipwrecks as underwater cemeteries. The
recovery of those remains would contravene the Convention. On the other hand,
benefits from the study of human remains would come to an end if some of those
human remains are not recovered and/or studied. The complexity arises from the
choice of those remains that will be disturbed. Declaring shipwrecks as funerary
monuments or underwater cemeteries can be attractive not only because of the
controversy, but also for the effectiveness of preservation. Delgado confirmed (2004:
56) that “the best and largest museum of all lies in the bottom of the sea”. It can also
be the largest cemetery of the world.
Acknowledgements
The present work benefited from the input of J. Carman, C. Forrest, M. AznarGomez, and M. Manders, who provided valuable comments to the writing of the
research summarised here.

8

�References
Bryant, C. R., 2001. The archaeological duty of care: the legal, professional, and
cultural struggle over salvaging historic shipwrecks. Albany Law Review, Fall 2001:
97-145.
Delgado, J., 2004. Adventures of a Sea Hunter: In Search of Famous Shipwrecks.
Douglas and McIntyre, Vancouver.
Delgado,

J.,

2011.

Diving

on

the

Titanic.

Archaeology,

Vol.

54

(1)

(January/February): 34-41.
Dromgoole, S., 2013. Underwater cultural heritage and international law. Cambridge
University Press, New York.
Nora, P., 1996. Realms of Memory. (English Translation: L. Kritzman), Columbia
University Press, New York.
Renfrew, C., and Bahn, P., 2008. Archaeology: theories, methods and practice.
Thames &amp; Hudson, London.
Sharpley, R., 2009. Dark Tourism and Political Ideology: Towards a Governance
Model. In R. Sharpley and P. R. Stone (Eds.), The darker side of travel: The Theory
and Practice of Dark Tourism, Channel View Publications, Bristol: 145-163.
Stone, P. R., 2009. Dark Tourism: Morality and New Moral Spaces. In R. Sharpley
and P. R. Stone (Eds.), The darker side of travel: The Theory and Practice of Dark
Tourism, Channel View Publications, Bristol: 56-72.
Tamaki Makau-rau Accord on the Display of Human Remains and Sacred Objects,
2005. From http://www.worldarchaeologicalcongress.org/site/about_ethi.php.
Vermillion

Accord

on

Human

Remains,

from

http://www.worldarchaeologicalcongress.org/site/about_ethi.php.
Viejo-Rose, D., 2011. Reconstructing Spain: cultural heritage and memory after civil
war. Sussex Academic Press, Sussex.
Wight, C., 2009. Contested National Tragedies: An Ethical Dimension. In R.
Sharpley and P. R. Stone (Eds.), The darker side of travel: The Theory and Practice
of Dark Tourism, Channel View Publications, Bristol: 129-144.
UNESCO., 2001 Convention on the Protection of the Underwater Cultural Heritage,
available

at:

http://www.unesco.org/new/en/culture/themes/underwater-cultural-

heritage/2001-convention/official-text/
Williams, M., 2005. “War graves” and Salvage: Murky Waters? International Maritime
Law, June/July 2000, Vol. 7 (5): 151-158.
9

�Biography
Elena Perez-Alvaro is a PhD candidate in Underwater Cultural Heritage at
University of Birmingham, UK. She holds an undergraduate degree in History of Art
and MSc in Heritage and Museum Studies at University of Portsmouth and LLM in
Maritime Law at University of London. She has studied a Masters Research Degree
at University of Cambridge, being the title of her dissertation ‘Management of
Underwater Cultural Heritage in Spain’. Her work on ‘Unconsidered Threats to
Underwater Cultural Heritage: Laying Submarine Cables or Experiments on Particle
Physics using underwater cultural heritage: the dilemma’ has been published in
Rosetta Journal.

10

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                    <text>Feasibility study on capacity building in Underwater Cultural Heritage
in the Pacific
Jennifer F. McKinnon
East Carolina University
Program in Maritime Studies
Greenville, 27858
USA
Email: mckinnonje@ecu.edu
Abstract
The first UNESCO regional workshop on Pacific underwater cultural heritage (UCH)
took place in December 2009 in Honiara, Solomon Islands. As possible steps
towards building capacity for managing UCH, participants at the workshop identified
the following needs: systematic recording and maintenance of a database of
submerged and underwater sites; exploring licensing activities directed at
underwater sites; and developing a training and education programme for managers.
Based on the recommendations made at the Honiara workshop, a Feasibility Study
on a Pacific Underwater Cultural Heritage Capacity Building Program was prepared
by Flinders University with UNESCO support. The study recommends a possible
capacity building programme to be hosted by the University of the South Pacific
(USP) in Fiji.
Key words: UNESCO, Capacity Building, UCH, Training Programme, Pacific

Introduction
Experts from Pacific Island nations and underwater cultural heritage (UCH)
practitioners identified the need for UCH capacity building during the December 2009
workshop “Towards the Protection of Underwater Cultural Heritage in the Pacific”
held in Honiara, Solomon Islands and sponsored by the UNESCO, Apia. During this
meeting it was identified that, although there are limited resources available, most
Pacific nations recognize the need to develop a program of UCH management and
have staff trained in recording, managing and protecting this heritage. As possible
steps towards building capacity for managing UCH, participants at the meeting
specifically identified the following needs: systematic recording and maintenance of a
database of submerged and underwater sites; exploring licensing activities directed
at underwater sites; strengthening assessment and mitigation techniques for
negative impacts to underwater sites; and developing a training and education
program for managers. These views were expressed in light of increasing threats

1

�posed by lack of legislation, tourism, development, natural disasters and climate
change. The UNESCO Apia Office contracted Flinders University’s Program in
Maritime Archaeology to conduct and write a feasibility study for developing capacity
in UCH management in the Pacific (McKinnon and Kimura, 2011). The Program has
a history of participation in UNESCO sponsored programs and an ongoing research
agenda on UCH within the Pacific region and was suited to conduct such a project.
Selected Existing and Planned Capacity: Programs, Projects and Activities
The development of a capacity building program rests on knowledge of what
capacity already exists and any future planned capacity. Thus a review of existing
programs, projects and activities including UNESCO Pacific member, associate
member and non-member nations located in the Pacific was conducted. This
included the following nations: Australia, Commonwealth of the Northern Mariana
Islands (non-member), Cook Islands, Federated States of Micronesia, Fiji, Guam
(non-member), Hawaii, Kiribati, Marshall Islands, Nauru, New Zealand, Niue, Palau,
Papua New Guinea, Samoa, Solomon Islands, Tokelau (Associate member), Tonga,
Tuvalu and Vanuatu. A review of the existing programs included thorough Internet
searches, library searches and targeted emails to relevant practitioners to identify
activities related to UCH. Each program, project and activity was then reviewed and
information was collected to assess their capacity. Data collated included: institution
name, geographic area, previous and current research/work/projects related to UCH,
available

facilities,

contact

information,

associated

websites

and

publications/texts/references. This information was compiled into a database and
each nation was assessed for their potential to contribute to or host a capacity
building program.
For the purposes of identifying capacity building potential, the definition of “capacity”
in the feasibility study involved two key criteria: framework and sustainability. In order
for a project, program or activity to be viable and capable of supporting long-term
capacity it should provide a general framework that may include, but not be limited to
expertise, administration and funding. As well, that project, program or activity must
be sustainable over time, that is, not a one-off effort. Thus the existing and planned
capacity projects, programs and activities outlined in the feasibility study fulfilled both
these criteria. The following nations were outlined for their potential to contribute
capacity building programs for UCH in the Pacific: Australia, Commonwealth of the

2

�Northern Mariana Islands, Federated States of Micronesia, Fiji, Guam, Hawaii, New
Zealand and Palau. The programs, projects and activities of these nations were
investigated further and subdivided into the following categories: government
organisations, university programs, non-government (NGOs) and not-for-profit
(NFPs) organisations, museums and private organisations and businesses. The best
location for hosting a UCH capacity building program was identified as Fiji, discussed
further below.
A new Pacific Underwater Cultural Heritage Capacity Building Program
During the December 2009 workshop in Honiara, participants discussed the
possibilities for building capacity in the Pacific region and decided that it was too
early to attempt establishing a Regional Centre of Excellence Field Training Facility
as had been done in the Asia region at Chanthaburi, Thailand. Thus, the capacity
building program in the Pacific would need to take an approach suited to the Pacific.
As a result, the capacity building program focused less on the need for certification in
SCUBA and diver training and more on knowledge building and knowledge transfer.
Most practitioners and agencies would agree that knowledge is at the core of
sustainable capacity development. By increasing knowledge, the capacity building
program would develop a framework for training future practitioners to have actual
UCH working capacity.
The UNESCO Apia Office outlined the following requirements for a capacity building
program (UNESCO, 2010a):


combine classroom/online lectures with field training for diving at UCH
sites, including those in Pacific island countries



use ICT as a tool for knowledge sharing and networking



be based on public-private partnership, involving tourism diving industry,

in order to ensure sustainable funding
These three requirements were incorporated into the design of a program that met
the needs identified by Pacific nations during the workshop (UNESCO, 2010b)
including:


systematic recording and maintenance of a database of submerged and
underwater sites



exploring licensing activities directed at underwater sites

3

�

strengthening assessment and mitigation techniques for negative impacts
to underwater sites



developing a training and education program for managers as possible
steps towards building a capacity for managing UCH

Training
Based on the above needs identified by Pacific nations, a capacity building program
would include an intensive, regional training in one of the Pacific nations involving
relevant representatives from each nations’ management authorities and experts in
the field of UCH and heritage management. The training would focus on basic
knowledge and capacity building. It could be offered during one long training session
(i.e. three-four weeks) or divided into two, three, or four sessions over an extended
period. The following was a proposed outline for the training separated into sessions,
modules and subject matter:

Session 1: Underwater Cultural Heritage: Identification, Recording and Database
Management
Module 1: Defining UCH using a Pacific approach: Introduction to UNESCO and
ICOMOS; What is intangible and tangible heritage? Regional priorities in Pacific
UCH management
Module 2: Requirements for systematic recording of UCH: site identification,
recording and delimitation: What types of sites are UCH? Cultural maritime
landscape and seascape approaches; Recording techniques for UCH; Defining site
boundaries
Module 3: Understanding site significance: The Burra Charter process; What is
significance?

Writing

a

significance

statement;

Thematic

frameworks

and

approaches
Module 4: Building and maintaining a database of UCH: What is a heritage
database? What is included in a database? What software to use? Maintenance of
databases; Successful uses of databases
Module 5: Practice in recording sites: Conduct an actual archaeological survey of a
UCH site

4

�Session 2: Underwater Cultural Heritage: Management
Module 1: Identifying risks to intangible and tangible heritage: What are the risks to
Pacific UCH? Preventative approaches; Case studies
Module 2: In situ conservation and preservation: What is in situ conservation and
preservation? Developing and conducting conservation surveys; Developing a
conservation management plan
Module 3: Disaster risk management and developing a plan: What are natural
disasters? Vulnerability of various types of UCH; Planning for disasters; Writing a
disaster risk management plan
Module 4: Assessment and mitigation of impacts to UCH: Damage
assessment investigation and surveys; Violation investigations; Damage assessment
report preparation; Case studies
Module 5: Developing a network of support: local and regional capacity:
Strengthening inter- and intra-island communication and collaboration; Identifying
regulatory agencies for partnerships; Trainings for law enforcement on UCH
protection; Public outreach programs; Developing local heritage interest groups
Session 3: Underwater Cultural Heritage: Interpretation and Heritage Tourism
Module 1: Methods in public interpretation: in situ and museum approaches: What is
public interpretation and what forms does it take? In situ interpretation and
museums; Traditional approaches to museum interpretation
Module 2: Respecting Indigenous UCH places and values: What is an
Indigenous heritage place? Identifying traditional owners’ rights and interests;
Consulting with traditional owners; Dealing with disputes
Module 3: Restricting access to UCH by the public: licensing, permitting and
regulation: Legal implications of restricting access; Licensing and permitting
schemes using case studies; Regulation of access restriction; Dealing with breaches
of access restriction
Module 4: Heritage tourism strategies: What is heritage tourism? Regional issues
and how can it be sustainable; Working with and training local tour companies and
dive shops; Developing a plan for monitoring heavily visited sites; Developing site
stewards programs; Heritage Awareness Diving Seminar Trainings
Module 5: Successful heritage tourism approaches: UCH parks, trails and preserves;
Case studies
5

�Location
The preferred location chosen was Fiji. Fiji is an accessible island nation and is
serviced by three international airlines including Air New Zealand (Star Alliance
member), Air Pacific (Fiji’s national airline) and Pacific Blue (Virgin) as well as
several smaller regional airlines. This makes getting to and from Fiji easy for both
Pacific nation representatives and experts. Fiji was chosen as the location because
the government and the Fiji Museum have previous experience with hosting
UNESCO capacity building training programs (Smith and O’Keefe, 2004). The
previous capacity building training was run with the permission and support of the
Ministry of Fijian Affairs; the Department of Culture and Heritage; the Fiji National
Commission for UNESCO; and the National Trust for Fiji.
Fiji also was chosen due to the location of the University of South Pacific and the
possibility of a partnership between the University’s School of Marine Sciences
(SMS) and the Fiji Museum. This would increase capacity for the use of
infrastructure such as classrooms, wet and dry labs, boats and ICT tools. According
to USP, “SMS is situated in a modern, state-of-the-art facility on the shore of Laucala
Bay in Suva, not far from the main Laucala Campus. Its buildings were purpose-built
through a grant from Japan, and include offices, science and computer laboratories,
lecture theatres, aquaria, a comprehensive library (PIMRIS), a modern fish
processing laboratory, collection, SCUBA and boat service facilities”. SMS has a
fully equipped and self-contained dive shop with lockers, showers and change-rooms
and equipment hire is available. Additionally, there is continual availability of small
and medium boats with capacities of 6-20 persons. All are equipped with
navigational and safety equipment and operated by trained personnel.
Once the training is completed there exists the opportunity to continue taking
advantage of USP resources through their online ICT services. USP has campuses
located in Suva, Labasa and Lautoka, Fiji; Apia, Samoa; Port Vila, Vanuatu;
Rarotonga, Cook Islands; Tarawa, Kiribati; Majuro, Marshall Islands; Nauru; Alofi,
Niue; Honiara, Solomon Islands; Tokelau; Nuku'alofa, Tonga; and Funafuti, Tuvalu.
The town of Levuka on the island of Ovalau, Fiji, was chosen as the dive training site
because Levuka offers a diverse array of prehistoric, colonial and post-colonial
heritage in the form of built and archaeological heritage and more specifically
shipwrecks. Three historic shipwrecks in Levuka Harbour have already been
6

�archaeologically surveyed (Hosty and Hundley, 1998). These sites are easily
accessible and lie in 5m, 12m and 20m of water. Shallow sites such as these with
good visibility are excellent sites to use for training purposes. Alternatively, for those
participants with no SCUBA qualification, there are inter-tidal and terrestrial
“maritime-related” sites that could be chosen for the practical component.
Delivery
The delivery mode of the training modules was designed to be face-to-face and
involves experts in the field of UCH and heritage management in the Pacific
delivering module lectures, practical and discussions. This approach was preferred
due to the difficulty of content and the need to demonstrate during practical sessions
and discussions. It is understood that for this capacity building exercise to be
sustainable and to build a stronger network of practitioners who interact on a regular
basis, several follow-up developments should be put in place. The first development
would be the production of a CD for distribution to participants that includes all of the
readings, training modules, PowerPoint slideshows, lectures and other materials
developed for the program. This CD could be used by participants to review
materials and develop programs based on some of the examples and case studies
presented.
Another development would be two Webinars whereby the participants and experts
participate in an online web-based seminar to discuss any issues that developed out
of the program, relate any advances made in the recording and management of UCH
sites, and ask questions of the experts about specific queries or directions for future
work. The Webinars could be conducted through an online program such as
GoToMeeting™ (http://www.gotomeeting.com.au/fec/). Another development would
be the creation of a listserv for practicing professionals and experts in the field of
UCH in the Pacific. Such a listserv would provide a useful communication vector for
discussing ideas, issues and developments in UCH in the Pacific.
Finally, another option would be the creation of a blog through WordPress.org on the
topic of UCH in the Pacific. A blog would facilitate discussion and interaction in a
slightly more creative and interactive way. The blog could be a place to post
photographs, stories, developments, questions, etc. The development of the blog
could begin with a short training session during the program so that all participants
are able to utilise the software. Access could be restricted to only those who
7

�participated in the program. Restricting access would allow potentially sensitive
information from being distributed widely.
Steering Committee
The steering committee was designed to include a range of practicing professionals
and experts in the field of UCH and cultural heritage management. It would consist of
individuals from a variety of institutions and countries with a focus in research and
management within the Pacific region.
Timeframe
The development of such a capacity building program would take 9-12 months of
planning so that the maximum amount of participation can be achieved. Below was
an estimated timeframe:

Planning (9-12 months)
Develop steering committee
Send out invitations to training
Develop curriculum
Organise logistics such as airfare, lodging, transportation, boats, diving
needs, training classrooms, site survey areas, etc.
Training (1 month)
Run training over one month period or split into two or three sessions of a
week or two each
Follow up Developments (6 months)
Organise and run Webinar at 3 months and 6 months after training
Organise and run Listserv
Organise and run blog
Create CD of course materials
Total timeframe (16-19 months)
Table 1. Timeframe for developing a capacity building program

Budget
An estimated budget for the costs of running a capacity building program was
created. It included costs related to travel, accommodation and equipment for up to
25 participants. The 25 participants would include between three to five trainers and
the remainder would be trainees. The budget did not include the costs of organising
the training or curriculum development, nor did it include the follow-up organisation
of Webinars, a list serve or blog. It is expected that some of the training content and
curriculum development might exist in some capacity within organisations identified
8

�in the list of capacity building programs reviewed in the study. For example, Flinders
University offers courses and curriculum in the subject of maritime archaeology and
has run similar trainings in the past (i.e. ALA Fellowships). If partnerships or
arrangements were made with such organisations, these training components and
curriculum could be made accessible.
However, it was recommended that a specific curriculum that is catered to the Pacific
region that deals with Pacific issues be developed for this program. This would
require financial support that could be negotiated through a one-off contract with an
organisation already equipped with the capacity to develop such a program (i.e.
existing framework, specialists, administration support, etc.). This program
curriculum could then be used in the future in other locations or successive years.
An estimated budget for the development of the curriculum and the delivery of
curriculum (for one person/organisation) was provided separate from the main
budget for operating the program. The budget assumed the trainers would
participate

as

volunteers

and

present

content

relevant

to

their

own

experiences/projects/programs and did not include preparation time or salaries.
Conclusion
In concluding it is pertinent to re-state that the Pacific region has its own unique set
of challenges and issues that are quite different to adjacent regions. Thus it is
important when designing a UCH capacity building program that other “models” for
capacity building, training, and management are not applied wholesale to this region.
A careful approach that considers the challenges and difficulties the Pacific is facing
should be taken, and a program that is suited to deal with these challenges and
resolve them into the future should be outlined for a successful program of capacity
building. As Anita Smith has stated in Contested Heritages in the Pacific,
“Communities and governments in the region are keen to engage with international
conservation programs not only because they are interested in protecting their
heritage and resources but also as they provide a source of income, training and
avenue for communication with the global community. The challenge is for
processes of heritage protection and national legislation to govern and enforce this
protection to be based in and evolve from traditional systems of governance and
cultural practices rather than imposed from the outside”.

9

�Acknowledgements
The author would like to acknowledge and thank Jun Kimura and Ross Anderson
who provided input on the original UNESCO feasibility study.
References
Hosty, K., and Hundley, P., 1998. Maritime Archaeological Investigation off the Port
of Levuka, Island of Ovalau, Fiji. Australian National Maritime Museum, Sydney: 151.
McKinnon, J. F., and Kimura, J., 2011. Feasibility Study on a Pacific Underwater
Cultural Heritage Capacity Building Program. Flinders University, Maritime
Archaeology Program, Adelaide, South Australia: 1-32.
Smith, A., and O’Keefe, D., 2004. Training Workshops in Cultural Heritage
Management in the Pacific Island Nations: Interim Report, Workshop 1. Report
prepared for UNESCO Division of Cultural Heritage, Paris: 1-63.
UNESCO., 2010a. Financing Activities Contract between UNESCO and Flinders
University. On file at UNESCO, Apia Office: 1-2.
UNESCO., 2010b. Report on Workshop: Towards the Protection of Underwater
Cultural Heritage in the Pacific, Honiara, Solomon Islands, 16-18 December 2009.
On file at UNESCO, Apia Office: 1-53.
Jennifer McKinnon is an Assistant Professor at East Carolina University in the
Program in Maritime Studies. Prior to teaching at ECU, she was a Senior Lecturer at
Flinders University, South Australia for seven years. Jennifer is a Research
Associate of the non-profit organization Ships of Exploration and Discovery
Research, Corpus Christi. She has conducted a number of archaeological research
projects on terrestrial and UCH sites in the Pacific. Jennifer’s research focuses on
public and community engagement and collaborations with coastal and heritage
agencies.

10

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The 2001 Convention entered into force on 2 January 2009. Today it has been ratified by 44 States. The objectives of the UNESCO session are to:&#13;
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                <text>The first UNESCO regional workshop on Pacific underwater cultural heritage (UCH) took place in December 2009 in Honiara, Solomon Islands. As possible steps towards building capacity for managing UCH, participants at the workshop identified the following needs: systematic recording and maintenance of a database of submerged and underwater sites; exploring licensing activities directed at underwater sites; and developing a training and education programme for managers. Based on the recommendations made at the Honiara workshop, a Feasibility Study on a Pacific Underwater Cultural Heritage Capacity Building Program was prepared by Flinders University with UNESCO support. The study recommends a possible capacity building programme to be hosted by the University of the South Pacific (USP) in Fiji. </text>
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                    <text>UNESCO Convention on the Protection of the Underwater Cultural Heritage
and the Pacific Small Island Developing States (SIDS)
Akatsuki Takahashi
UNESCO Office for the Pacific States
Apia
Samoa
Email: a.takahashi@unesco.org
Abstract
This paper will begin by introducing the Convention on the Protection of the Underwater
Cultural Heritage adopted by UNESCO in 2001 in terms of background, guiding
principles, international cooperation mechanisms, Annex, as well as benefits and
implications of ratification by countries. It will provide progress in its implementation at
the global level. It will then provide progress in the Pacific Small Islands Developing
States (SIDS), addressing their particular challenges and opportunities. The paper will
suggest a possible inter-Convention cooperation for the UCH protection and
management in the Pacific by analyzing the recent progress in the World Heritage
Convention and the Intangible Cultural Heritage Convention in Pacific SIDS. The paper
will conclude by summarizing the significance of the Underwater Cultural Heritage
(henceforth UCH) protection and the UCH Convention not only in terms of its
contribution to the advancement of knowledge of the history of humanity but also from
the perspectives of the environmental protection, sustainable development and ocean
governance.
Key words: UNESCO, 2001 UCH Convention, Pacific, World Heritage Sites,
International Cooperation

Introduction
UNESCO is one of the specialized agencies of the UN.

UNESCO’s mission is to

promote peace and the well-being of peoples in the world through international
cooperation in education, science, culture and communication. Normative action is one
of the core functions of UNESCO. Over the years, UNESCO adopted numerous
international instruments. Among them, there are seven important Conventions in
culture. These Conventions are: The Universal Copyright Convention (1952, 1971), The
Convention for the Protection of Cultural Property in the Event of Armed Conflicts
1

�(1954) and its two Protocols (1954 and 1999), The Convention on the Means of
Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of
Cultural Property Illicit (1970), The Convention for the Protection of World Cultural and
Natural Heritage (1972), The Convention for the Protection of the Underwater Cultural
Heritage (2001), The Convention for the Safeguarding of the Intangible Cultural
Heritage (2003), The Convention for the Protection and Promotion of the Diversity of
Cultural Expressions (2005). The ultimate goal of UNESCO’s normative action is to
safeguard the cultural heritage and cultural diversity as the heritage of humanity. As the
Preamble of the 1954 Hague Convention states that “damage to cultural property
belonging to any people whatsoever means damage to the cultural heritage of all
mankind, since each people makes its contribution to the culture of the world”,
UNESCO played a pioneering role in promoting the concept of the heritage of mankind
that is also the important principle of the 1982 UN Convention on the Law of the Sea
(UNCLOS). All together, these Conventions provide a comprehensive coverage of the
culture sector.

International NGOs such as the International Council of Museums

(ICOM) and the International Council of Monuments and Sites (ICOMOS) have been
playing important roles in their elaboration and implementation.
The ambassador of Malta to the UN, Arvid Pardo, in his speech to the UN General
Assembly in 1967, raised the question of the sea bed and the ocean floor, which
launched a process that led to the third UN Conference on the Law of the Sea during
which UNCLOS was adopted in 1982. UNCLOS sets forth the rights and obligations of
states regarding the use of the oceans, their resources, and the protection of the marine
and coastal environment, while seeking to establish a balance between “Freedom of the
Ocean” and “Management of the Ocean”. It also provides a definition of maritime zones.
Part XI of UNCLOS established the International Seabed Authorities (ISA) to allow
States Parties to organize, control and administer activities and resources in ocean
areas beyond the limits of national jurisdiction, commonly referred to as “the Area”,
through the common heritage of mankind principle. It entered into force in 1994 and is
supplemented by the 1994 Deep Seabed Mining Agreement and the 1995 Agreement
regarding Fish Stocks. UNCLOS obliges States Parties to protect UCH under the term
“archaeological and historical objects”. UNCLOS includes two provisions concerning
2

�UCH; i) Article 149 that stipulates the UCH protection in the Area and ii) Article 303 that
sets out a general obligation for States to protect their UCH. These articles, however,
were felt by cultural experts to be unsatisfactory and incomplete without providing
details of the measures to be taken especially in the space beyond the Contiguous
Zone, the Exclusive Economic Zone (EEZ) and the Continental Shelf. Moreover, Article
303 paragraph 3 leaves room for the commercial destruction of UCH and creates a
legal vacuum concerning the protection of UCH.
With this as background, the UNESCO Convention for the Protection of the Underwater
Cultural Heritage (herein after the UCH Convention) was prepared and adopted with the
main goals to complement the provisions in UNCLOS for strengthening UCH protection.
Acknowledging that “the importance of underwater cultural heritage as an integral part
of the cultural heritage of humanity and a particularly important element in the history of
peoples, nations, and their relations with each other concerning their common heritage”
in its Preamble, the UCH Convention provides the working definition of UCH as “all
traces of human existence having a cultural, historical or archaeological character,
which have been partially or totally under water, periodically or continuously, for at least
100 years”. Generally speaking, UCH, undisturbed in situ, is better preserved as
compared to land-based cultural heritage. This is the reason why UCH is often called as
a time capsule holding invaluable information for historians, archaeologists and
scientists to reconstruct past cultures. The UCH Convention protects UCH from being
commercially exploited for trade or speculation. The UCH Convention provides the
linkages to the 1970 Convention on the actions related to illicit trafficking in cultural
objects recovered from the sea. In order to resolve the conflict between ownership
claims, salvage claims and cultural heritage interest, Article 4 of the UCH Convention
states that “Any activity relating to UCH to which this Convention applies shall not be
subject to the law of salvage or law of finds1, unless it; (a) is authorized by the
competent authorities, and (b) is in full conformity with this Convention, and (c) ensures
that any recovery of the UCH achieves its maximum protection”.
The UCH Convention establishes a protection regime for UCH by maritime zones
determined by UNCLOS. States parties have the exclusive right to regulate activities in
their internal and archipelagic waters and their territorial sea. Within their Contiguous
3

�Zone, States Parties may regulate and authorize activities directed at UCH within their
Contiguous Zone. The UCH Convention recognizes the right of the coastal states to
prohibit or permit activities directed to UCH in their Exclusive Economic Zone (EEZ) and
the Continental Shelf. Where there is a discovery of UCH or activities directed at UCH in
these areas, Article 10 gives priority to the coastal states to act as a “Coordinating
State” to coordinate consultations with all other States Parties which have declared an
interest. Within the Area, a “Coordinating State” will be designated by the DirectorGeneral of UNESCO after inviting all the countries that declared an interest. The
Director-General

shall

also

invite

International

Seabeds

Authorities

(ISA)

to

consultations. In this way, the UCH Convention provides a comprehensive coverage of
UCH regardless of its locations, greatly extending the legal protection of UCH. It must
be noted that the UCH Convention does not regulate the ownership of UCH. Being
aware of the responsibility entrusted to the coastal states especially in the developing
world, the UCH Convention emphasizes the importance of UCH training and capacity
building, technology transfer and information sharing, as well as awareness raising of
the significance of UCH.
The UCH Convention provides in its Annex the important principle of the preference for
the preservation in situ as well as practical rules for the UCH treatment and research
based on internationally recognized best practice and the ICOMOS Charter for the
Protection and Management of UCH in 1996. Joining the UCH Conventions, countries
can ; i) achieve UCH protection at the same level as land-based cultural heritage, ii)
protect UCH from looting and commercial exploitation, iii) ensure comprehensive
protection of UCH regardless of their locations through state cooperation system. On
the other hand, by joining the UCH Convention, States Parties shall pledge to protect
UCH against lootings and commercial exploitations and apply the provisions of the UCH
Convention and the Rules in its Annex. There is no financial implication involved in
joining the UCH Convention.
The UCH Convention entered into force in January 2009. UNESCO provides a forum
for the adoption of a common approach of all States Parties towards UCH protection
through the Meetings of States Parties and its Scientific Advisory Body (SAB). SAB
is composed of twelve expert members nominated by States Parties. They have a
4

�scientific, professional and ethical background in the field of underwater archaeology,
international law, materials science or UCH conservation. SAB assists States Parties in
the implementation of the Convention and its Annex and the elaboration of the
Operational Guidelines, while consulting with International Council of Monuments and
Sites (ICOMOS) through its International Committee for the Protection of Underwater
Cultural Heritage (ICPUCH) and other accredited NGOs in its deliberations.
UCH in Oceania
The Pacific region covers about one-third of total surface area of the Earth, and
comprises over one thousand islands and atolls.

Reflecting on the long history of

human settlements and interactions with other regions, the Pacific Ocean contains a
wealth of UCH that spans human history from the Stone Age to the Atomic Age
(UNESCO, 2010). For instance, the Oceania region was populated by the
Austranesians, or Lapita people, and traces of their culture remain both above and
under water. The Pacific islanders developed fishing infrastructures such as fish traps
and fish ponds, unique indigenous UCH. Among the vessels built by the Pacific
islanders, the Fijian Duras were double-hull sailing canoes of a length of up to 30 m. In
the 17th and 18th century, the Pacific region was explored and “discovered” by
navigators such as Magellan, Torres, Tasman, D’Urville, Drake, Cook and La Perouse.
The Spanish dominated early Pacific colonizations and there are many shipwrecks
related to the Spanish Manila galleon trade. Shipwrecks on the labor trade in the 19th
century such as the Fijian sugar and Peruvian guano industries were found in the
Pacific, while whalers, missionaries and traders have also left behind a legacy of
underwater sites. More recently, the Pacific was among the major theatres of the
Second World War. The Pacific holds numerous submerged ships, submarines and
aircraft, some of them are war graves still containing human remains that must be
approached with respect.
The Pacific region has taken a progressive approach to applying the principles and the
guidelines in the UCH Convention to the region’s UCH. The First Regional Workshop on
the Pacific UCH took place in 2009 in Honiara, Solomon Islands. The Workshop brought
together representatives of the cultural authorities in the Pacific SIDS in order to share
information on the current status of UCH protection and management in each country.
5

�The Workshop participants identified priority areas for cooperation that included
developing systematic recording and maintenance of a database of submerged and
underwater sites, exploring licensing activities directed at underwater sites, and
developing

a

training

and

education

program

for

UCH

archaeologists

and

managers.

The papers presented at the Workshop were compiled, edited and

published as UNESCO publication "Underwater Cultural Heritage in Oceania" in
2010. As a follow up, a feasibility study on the Pacific capacity building programme was
prepared by Flinders University with UNESCO assistance. This study found the
advantages of partnering with regional intergovernmental bodies such as the University
of the South Pacific (USP) for this task. Palau was the first Pacific island state that
organized the UCH Training Course in Koror in 2013 with UNESCO assistance.
Progress in UCH protection in the Pacific is being made within the framework of not only
the UCH Program but also the World Heritage Program and the Intangible Cultural
Heritage (ICH) program.

The World Heritage Convention ratified by 190 countries

reflects the global recognition of the intrinsic value of our heritage. As of today, 12 out
of 14 Pacific member states are parties to the World Heritage Convention 2, which has
allowed Pacific countries to formulate a regional action plan and take a coordinated
approach. ICOMOS Pacifika and Pacific Island Museum Association (henceforth PIMA)
have been formed to provide Pacific perspective for the program implementation.
Although the Pacific still remains the least represented region on the World Heritage
List, over ten sites in the Pacific Small Island Developing States (henceforth SIDS) and
territories are inscribed on the World Heritage List. Already enjoying the high visibility
and increase in visitors and revenue from tourism, these World Heritage sites, some of
which contain UCH elements, can be ideal places for the actual maritime survey and
field work. With regard to the ICH program, the Pacific SIDS out of which 8 countries
are now parties to the ICH Convention3 have been developing related cultural policies.
The safeguarding of the traditional ship building technologies and navigation systems as
part of the Pacific ICH are intimately related to the understanding of UCH.
followings are some of the examples.

6

The

�Yapese Stone Money Bank (Palau and the Yap State, Federated States of
Micronesia)
Before and during European contact, Yapese people travelled across the 400 km of
open water to the Rock Islands in Palau where they quarried their stone disk money.
They were transported back to the Yap Island by canoe. Some of them arrived safely in
Yap, while, according to the oral histories transmitted among local communities, the
biggest stone disk fell onto the seabed during its transport and remains on the ocean
floor between Yap and Palau. Palau and FSM nominated “Yapese Stone Disk” as a
trans-border site for inscription on the World Heritage List in 2011. This joint nomination,
although deferred, has contributed to revitalizing the collaboration between the two
countries, resulting in the establishment of a joint management committee for the
heritage sites. On the other hand, “the Rock Islands and Southern Lagoon” that includes
some archaeological elements became the first World Heritage Site in Palau in 2012.
The government of Palau puts in place an added departure tax to finance local
community efforts under the Protected Areas Network in the country. This has been
attracting attention as a potential model for a sustainable financing mechanism for
protected areas in other Pacific SIDS (UNESCO, 2012).

Levuka Historical Port Town (Fiji)
Fiji shipwrecks, ranging from sailing ships to steamships, are mainly located around the
Lomaiviti Island Group, where Levuka is located. Levuka is the first colonial capital of
Fiji ceded to the British in 1874. “Levuka Historical Port Town” became the first World
Heritage site in Fiji in June 2013. Levuka developed from the early 19th century as a
center of commercial activity by Americans and Europeans who built a colonial port
town was influenced in its development by the indigenous community. The buffer zone
of Levuka World Heritage site includes offshore waters under which the important UCH
are submerged according to the Levuka Maritime Archaeological Survey conducted by
the Australian National Maritime Museum in 1998.
Bikini Atoll Nuclear Test Site (Marshall Islands)
From 1946 to 1958, after the displacement of the local inhabitants, 67 nuclear tests
were carried out in the Marshall archipelago by USA, including the explosion of the first
H-bomb (1952). Bikini Atoll has conserved direct tangible evidence that is highly
7

�significant in conveying the power of the nuclear tests, including a unique collection of
shipwrecks at the bottom of the lagoon. These vessels sunk in 1946 by two separate
nuclear detonations were a group of warships from the US Navy and the Imperial
Japanese Navy that were assembled for Operation Crossroads. Dr J. Delgado, Institute
of Nautical Archaeology, USA, states “The sunken test ships, as well as associated
aircraft, test vehicles, and test equipment, cables, test bunkers, and the atomic craters
(the gigantic Bravo crater) on the sea floor inside the lagoon are a museum of the
beginnings of the atomic age, and as such, have been inscribed on the UNESCO World
Heritage List in 2010” (UNESCO, 2010). The property is protected by the Historic and
Cultural Preservation Act (1991). The main threats to the property are the effects of
climate change and the presence of stocks of bombs and fuel in the underwater part of
the property.
Empowering Pacific SIDS for UCH protection
Under UNCLOS, Pacific SIDS have sovereign rights over the management of the
natural resources, marine scientific research, the protection and preservation of the
marine environment in their territorial waters and EEZ that is almost 100 times larger
than their total island area. From this perspective, Pacific SIDS are not small but large
maritime states and communities. These resources include not only mineral resources,
fishery stocks, biological diversity, but also cultural, historical and archaeological
resources such as UCH. Unfortunately the current level of attentions and considerations
given to UCH in the Pacific is not adequate. This makes Pacific UCH particularly
vulnerable to the risks, including commercial fishing, construction of offshore and
onshore maritime infrastructure, environmental changes and the rise in marine tourism
that may make an adverse impact on UCH protection.
Special attention needs to be given to a growing interest in a Deep Sea Mining
(henceforth DSM) in the Pacific. Several SIDS have private sector interests actively
engaged in their EEZ and in the Area over which ISA has responsibility for approving
programs of work.

There are 13 programs of work approved for exploration for

polymetallic manganese nodules in the Area in the Pacific, including 3 programs of work
in “Reserve Areas” for developing countries to sponsor programs of work with private
entities. New applications for contracts for exploration for Cobalt-Rich Crusts were
8

�approved by ISA in 2013. The impacts of DSM activities on the marine environment are
unknown. Like the land-based mining projects, DSM projects must be carried out after
the Environmental Impact Assessment (EIA) including archaeological and UCH
components has been completed. Several projects have been launched notably by the
Council of Regional Organisations in the Pacific (CROP) in order to assist Pacific SIDS
in safeguarding its resources against commercial interests by establishing appropriate
measures.
With regard to legal protection, EU-funded Deep Sea Minerals (DSM) project
implemented by the Secretariat of the Pacific Community (henceforth SPC) (2012)
through the Applied Geoscience and Technology Division (henceforth SOPAC) advises
Pacific SIDS to improve legal frameworks, increase technical capacity and to develop
effective monitoring systems.

As for UCH, the guidelines advise them to include

wording along the following lines: i) Any object of an archaeological or historical nature
found by any Title Holder or person conducting Marine Scientific Research within the
jurisdiction or control of the [country] shall be reported to the [regulating body] and
treated in accordance with its instructions, and shall be safeguarded pending receipt of
those instructions and ii) The instructions given by the [regulating body] shall take into
account Article 149 and/or 303 of UNCLOS. UNESCO has been in touch with SOPACSPC in order to strengthen the above guidelines and provide technical assistance for
countries from the perspective of UCH protection.
UNESCO has extended its assistance to a range of activities to enhance SIDS
capacities in UCH protection. Besides, as part of its advocacy activity, UNESCO will
organize a workshop on UCH and SIDS before the UN 3rd International Conference on
Small Island Developing States (Samoa, 1 - 4 September 2014).

Following the

Conferences held in Barbados (1994) and Mauritius (2005), the 3rd SIDS Conference in
Samoa will be held to renew the international community’s commitment to the
sustainable future of SIDS and forge a genuine and durable partnership for this
endeavor. UNESCO workshop on UCH and SIDS will bring together eminent experts in
UCH from SIDS States Parties to the UCH Convention in the Caribbean region and
international experts with the aims of enhancing the awareness of the importance of the
UCH Convention. It is hoped that this workshop will provide an opportunity for mutual
9

�learning and networking among SIDS, let alone the increased ratification of the UCH
Convention by SIDS.
Conclusion
The Ocean Declaration adopted at the Pacific World Heritage Workshop in Maupiti,
French Polynesia, in 2009, emphasizes the cultural link amongst the peoples of the
Pacific that extends beyond the artificial boundaries of the current geopolitical system
and reinforces the ocean as being intrinsic to the identity, ways of life, values,
knowledge and practices of Pacific peoples (UNESCO, 2012). The recent positive
progress in the heritage safeguarding in the Pacific as shown in the increased number
of the Pacific States Parties to the World Heritage Convention and ICH Convention
represents an opportunity for inter-Convention cooperation in UCH protection and
management in the Pacific. At the same time, much more efforts are needed to promote
the UCH Convention in the Pacific, since to this day among forty-five States Parties
there has been no signatory to he UCH Convention from the Pacific4. This situation
makes the Pacific region particularly under-represented in the activities related to the
UCH Convention. Ratification of the UCH Convention by the Pacific countries would
increase the representation of the region as well as bolster the Convention’s
universality. It must be noted that, guided by the principles embodied in the UCH
Convention as well as its State Cooperation System, the UCH Convention will empower
Pacific SIDS by promoting the sharing of duties and obligations among the coastal
states and the broader international community. The UCH Convention will also assist
them in strengthening its ocean governance by establishing necessary legal frameworks
and building capacities. The diversity of UCH linking Pacific SIDS with other countries
within and outside the region will also foster cultural exchange, cooperation, mutual
understanding and peace. The significance of the UCH Convention and the importance
of the participation of Pacific SIDS in its implementation must be understood from this
perspective.
Acknowledgements
I would like to acknowledge the advice and support from Mr. Etienne Clement, Director
of the UNESCO Office for the Pacific States, and Dr. Ulrike Guerin, Secretary for the
UCH Convention at UNESCO Headquarters in Paris.
10

�Endnote
1The

law of salvage is a concept in maritime law which states that a person who saves another person’s
ship or cargo from peril or loss at sea is entitled to a reward commensurate with the value of the property
so saved. The law of salvage never grants ownership, but grants compensation or the right to retain the
objects by way of a maritime link, as long as the salvage award has not been paid. The law of finds has
been applied to sunken and abondaned vessels and the finder is granted ownership of the objects.
2Cook Islands, Federated States of Micronesia, Fiji, Kiribati, Niue, Palau, Papua New Guinea, Republic of
Marshall islands, Samoa, Solomon Islands, Tonga, Vanuatu.
3Federated States of Micronesia, Fiji, Nauru, Palau, PNG, Samoa, Tonga, Vanuatu.
4Albania; Antigua &amp; Barbuda, Argentina, Barbados, Belgium, Benin, Bosnia and Herzegovina; Bulgaria,
Cambodia, Croatia, Cuba, Democratic Republic of the Congo, Ecuador, France, Gabon, Grenada, Haiti,
Honduras, Iran (Islamic Republic of), Italy, Jamaica, Jordan, Lebanon, Libya, Lithuania, Mexico,
Montenegro, Morocco, Namibia, Nigeria, Panama, Palestine, Paraguay, Portugal, Romania, Saint Kitts
and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Slovakia, Slovenia, Spain, Trinidad and
Tobago,Tunisia, Ukraine.

References
UNESCO., 2010. Underwater Cultural Heritage in Oceania, UNESCO, Paris.
UNESCO., 2012. World Heritage Papers 34, World Heritage in a Sea of Islands, Pacific
2009 Programme, UNESCO, Paris.
SPC, 2012. Annual Report of SPC-EU EDF 10 Deep Sea Minerals (DSM) Project, SPC,
Suva.
Biography
Akatsuki Takahashi (高橋 暁), BA in international relations (Tsuda College, Tokyo),
Diploma in education (International Christian University, Tokyo), PhD in cultural
heritage risk management (Ritsumeikan University, Kyoto) has been the Programme
Specialist for Culture at the UNESCO Office for the Pacific States in Apia, Samoa, since
January 2010. Previously, she was at the Executive Office of the Culture Sector at
UNESCO in Paris (2001-2009), UNESCO Office in Venice (1998-2001) and at the
Culture Sector of UNESCO in Paris (1989-1998). Before joining UNESCO in 1989, she
worked at the Asia/Pacific Cultural Centre for UNESCO (ACCU) (1986-1989) in Tokyo.

11

�</text>
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The 2001 Convention entered into force on 2 January 2009. Today it has been ratified by 44 States. The objectives of the UNESCO session are to:&#13;
* Enhance understanding of the 2001 Convention in terms of its background, its benefits, its ethics and its potentials for contributing to sustainable development,&#13;
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                <text>This paper will begin by introducing the Convention on the Protection of the Underwater Cultural Heritage adopted by UNESCO in 2001 in terms of background, guiding principles, international cooperation mechanisms, Annex, as well as benefits and implications of ratification by countries. It will provide progress in its implementation at the global level. It will then provide progress in the Pacific Small Islands Developing States (SIDS), addressing their particular challenges and opportunities. The paper will suggest a possible inter-Convention cooperation for the UCH protection and management in the Pacific by analyzing the recent progress in the World Heritage Convention and the Intangible Cultural Heritage Convention in Pacific SIDS. The paper will conclude by summarizing the significance of the Underwater Cultural Heritage (henceforth UCH) protection and the UCH Convention not only in terms of its contribution to the advancement of knowledge of the history of humanity but also from the perspectives of the environmental protection, sustainable development and ocean governance.</text>
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                    <text>The Role of ICOMOS, ICUCH and NAS in Underwater Cultural Heritage
Protection in the Pacific
Mark Staniforth
Monash University
Melbourne
Australia
Email: mark.staniforth@monash.edu
Abstract
This paper outlines the role played by ICOMOS (International Council on Monuments
and Sites), which is an international non-governmental organization (NGO)
dedicated to the conservation of the world's cultural monuments and sites and
specifically in awareness raising and training related to underwater cultural heritage
protection. ICOMOS membership requires an individual to be a practicing cultural
heritage professional or have professional qualifications in the fields of conservation
or preservation such as architect, archaeologist, town planner, and engineer,
administrator of heritage, art historian or archivist. ICOMOS International Scientific
Committees (ISCs) (such as ICUCH) are the vehicles through which ICOMOS brings
together, develops and serves its worldwide membership according to their fields of
specialized interest. ICOMOS expects the ISCs to be at the heart of scientific inquiry
and exchange in their domains and to share knowledge among them to foster multidisciplinary approaches to heritage protection and management. ICUCH
(International Committee on Underwater Cultural Heritage) was founded in 1991 by
ICOMOS Australia to promote international cooperation in the protection and
management of underwater cultural heritage and to advise ICOMOS on issues
related to underwater cultural heritage around the world. ICUCH currently has ten
members from the Asia and the Pacific region and this paper will discuss the role of
ICUCH in the region. Furthermore ICUCH’s mission will only be achieved in
conjunction with other stakeholders, such as the Nautical Archaeology Society
(NAS). NAS training aims to increase public awareness at local, provincial and
national levels about the extent and nature of underwater and maritime cultural
heritage as well as about underwater and maritime archaeology.
Key words: Training; Collaboration, Cooperation, Public awareness, Underwater
cultural heritage protection
Introduction
The International Council on Monuments and Sites (ICOMOS) is a global,
professional non-governmental organization (NGO) established in 1965 that is
dedicated to the conservation and protection of the world’s cultural heritage
monuments and sites (see http://icomos.org/en/). The Nautical Archaeology Society
(NAS) is a global non-government organization (NGO) based in the UK that had its
beginnings back in 1964 (see http://www.nauticalarchaeologysociety.org/). Non1

�government organisations, such as ICOMOS and NAS, are often dependent on
membership fees for the majority of their funding and therefore tend to have limited
funding available to conduct ‘activities’ on a ‘paid’ basis. They also often have a very
small number of paid staff and therefore it is up to the membership, working
collaboratively, and individual members, usually working with other partners, to
volunteer their time (usually at no cost), find funding and conduct activities ‘under the
auspices’ or ‘on behalf of’ a particular NGO. Clearly ICOMOS, NAS and other
‘membership-based’ NGOs depend on their membership to take a proactive role in
initiating, and contributing to, collaborative activities often volunteering their services
pro bono (at no cost).
This paper considers ICOMOS and one ICOMOS ISC - ICUCH (International
Committee on Underwater Cultural Heritage) together with NAS and the NAS
Training Programme. It discusses a range of activities conducted by ICOMOS and
NAS members, in relation to raising public awareness and conducting training about
the management, preservation and protection of underwater cultural heritage in the
Asia and the Pacific region. Unlike the UNESCO World Heritage Convention, the
2001 UNESCO Convention on the Protection of Underwater Cultural Heritage had
no fund to pay for activities included in the original convention although an account
has now been established to allow for pooling donor donations to support certain
projects and programmes (Jeffery, 2006; Parthesius and Jeffery, 2011: 281). This
lack of funding as well as inadequate numbers of trained and experienced maritime
archaeologists and underwater cultural heritage managers in many countries in the
Asia and the Pacific region are recognized as significant problems.
The 2001 UNESCO Convention, nevertheless, has two articles related to public
awareness and training. The first is Article 20 - Public Awareness that states:
Each State Party shall take all practicable measures to raise public
awareness regarding the value and significance of underwater cultural
heritage and the importance of protecting it under this Convention.
and the second is Article 21 - Training in underwater archaeology, which states:
States Parties shall cooperate in the provision of training in underwater
archaeology, in techniques for the conservation of underwater cultural
heritage and, on agreed terms, in the transfer of technology relating to
underwater cultural heritage

2

�The need for raising public awareness about, as well as training and teaching
(capacity building) in, maritime archaeology and underwater cultural heritage
management in the Asia and the Pacific region have been identified as important
issues for more than a decade including during at least three UNESCO supported
regional meetings and in their resultant action plans or recommendations. The first
arose from the UNESCO Asia-Pacific Regional Workshop on the 2001 UNESCO
Convention held in Hong Kong in 2003 (Prott, 2006: 158-160). The second was from
the 2010 International Meeting on Protection, Presentation and Valorisation of
Underwater Cultural Heritage held in Chongquig in China (Shuguang, 2011: 433434). The third was the Asia-Pacific Meeting on the Protection of Underwater
Cultural Heritage held in Koh Kong, Cambodia in 2012.
ICOMOS
ICOMOS has more than 11,000 members, over 100 National Committees and nearly
30 International Scientific Committees. International Scientific Committees (ISCs)
focus on specialist areas of heritage conservation and are made up of ICOMOS
members drawn from those specialist areas. ICOMOS expects the ISCs to be at the
heart of scientific inquiry and exchange in their domains and to share knowledge
among them to foster multi-disciplinary approaches to heritage protection and
management

see

http://www.icomos.org/en/about-icomos/committees/scientific-

committees
ICOMOS works for the conservation, protection, use and enhancement of cultural
heritage monuments, sites and places including buildings, historic cities, cultural
landscapes and archaeological sites. ICOMOS is dedicated to promoting the
application of theory, methodology, and scientific techniques to the conservation of
the world's architectural and archaeological heritage. Its work is based on the
principles enshrined in a number of ICOMOS Charters including the 1964
International Charter on the Conservation and Restoration of Monuments and Sites
(the Venice Charter), the 1996 Charter on the Protection and Management of the
Underwater Cultural Heritage and the 2000 International Charter for the Protection
and Management of the Archaeological Heritage (see http://icomos.org/en/chartersand-texts).
ICOMOS works closely with UNESCO, ICOM, ICCROM and other partners, across a
wide range of areas in relation to cultural heritage protection, preservation,
management and training. ICOMOS is primarily composed of its National
3

�Committees (NCs). Within the Asia and the Pacific region (as defined by UNESCO
and comprising of 50 nations) there are more than 20National Committees at present
plus ICOMOS Pasifika which covers all of the island nations of the Pacific Ocean.
Many of these National Committees have websites and for a complete list of National
Committees

with

contact

details

and

website

addresses

see

http://icomos.org/en/network/national-committees/list-of-national-committees.
ICOMOS Pasifika was created in 2007 and aims to further the conservation and
protection of heritage places in the Pacific Islands, with a focus on the cultural and
natural specificities of the region. In particular, ICOMOS Pasifika aims to raise
awareness with regards to the conservation of heritage places in the Pacific Islands
amongst local, national and regional cultural organizations in the region (see
https://www.facebook.com/pages/Icomos-Pasifika-International-Council-onMonuments-and-Sites/357945310963424). ICOMOS holds a General Assembly
(Congress or Conference) every three years – the 18th ICOMOS General Assembly
with the main theme of “Heritage and Landscape as Human Values” will take place
in

Florence,

Italy

from

10

to

14

November

2014

(see

http://www.icomos.org/en/about-icomos/governance/general-information-about-thegeneral-assembly/18th-general-assembly-florence-2014). To date the only ICOMOS
General Assembly to be held in the Asia and the Pacific region was the 15th General
Assembly

held

in

Xi’an,

China

in

2005

(see

http://www.international.icomos.org/xian2005/home_eng.htm).
ICOMOS membership requires that an individual be working as a practicing cultural
heritage professional and/or to have formal qualifications in one of the fields related
to cultural heritage conservation/preservation such as architects, archaeologists,
historians, town planners, engineers, administrators of heritage, art historians,
geographers, anthropologists or archivists. The author, for example, has been an
ICOMOS member for more than two decades. Individuals, and institutions, can apply
for membership through their National Committee and there are more than 100
ICOMOS National Committees. If there is no National Committee in a particular
country, however, then membership requests can be made through the ICOMOS
International Secretariat for approval by the ICOMOS Executive Committee (see
http://www.icomos.org/en/get-involved/join-icomos). The author encourages all
underwater cultural heritage professionals in the Asia and the Pacific region to join
ICOMOS and to get involved in ICOMOS ISCs.
4

�ICOMOS provides a network of experts that benefit from the interdisciplinary
exchange of its members and who are available to provide assessment and advice
on cultural heritage matters. ICOMOS publishes reports and special editions on
cultural heritage topics such as the Heritage at Risk – Special edition titled
Underwater Cultural Heritage at Risk (2006) which can be downloaded from the
ICOMOS website (see http://www.icomos.org/en/component/content/article?id=195).
In addition ICOMOS supports open access, free and unrestricted, to scientific
publications, through the project ICOMOS Open Archive: EPrints on Cultural
Heritage (see http://openarchive.icomos.org/). Part of the ICOMOS mission is to help
to raise public and government awareness about cultural heritage protection and
cultural heritage issues. It also encourages ICOMOS members to volunteer and
participate in capacity building and training activities. These parts of the ICOMOS
mission provide the general basis for members of ICOMOS ISCs to undertake, and
be involved in, awareness raising, training and capacity building activity, which is the
main focus of this paper.
ICUCH
ICUCH (International Committee on Underwater Cultural Heritage) was established
as an ICOMOS scientific committee in 1991 to promote international cooperation in
the protection and management of underwater cultural heritage and to advise
ICOMOS on issues related to underwater cultural heritage around the world (see
http://icuch.icomos.org/the-icomos-international-committee-on-the-underwatercultural-heritage/). ICUCH has a global membership of professionals and focuses on
international cooperation, legislative issues, and quality standards for interventions
and training and closely cooperates with regional and international NGOs, including
NAS, in raising public awareness. In the early 1990s ICUCH developed the ICOMOS
Charter on the Protection and Management of the Underwater Cultural Heritage
which was ratified by the 11th ICOMOS General Assembly in Sophia, Bulgaria in
1996 see: http://www.international.icomos.org/charters/underwater_e.pdfICUCH also
assisted in the drafting of the UNESCO Convention for the Protection of Underwater
Cultural Heritage (2001) and continues to lobby for its ratification (see
http://www.unesco.org/new/en/culture/themes/underwater-cultural-heritage/2001convention/official-text/).
The aims of ICUCH include to: stimulate international interest in the conservation of
the world's underwater cultural heritage among government and private institutions,
5

�practitioners and the general public; establish standards for the training and
qualification of practitioners involved with the conservation and management of
underwater cultural heritage sites; and share experience and expertise in the
conservation and management of underwater cultural heritage sites. For more than a
decade ICUCH membership was restricted to one member from each country but
this situation changed as a result of the Eger-Xi’an Principles for the International
Scientific Committees of ICOMOS adopted by the 15th General Assembly of
ICOMOS at Xi’an in October of 2005, as amended by the Scientific Council in July
2008

(Eger-Xi’an

Principles,

2008)

see:

http://www.icomos-

uk.org/committees/international-scientific/. Since 2009 ICUCH can, and does have,
more than one member from a number of countries including Argentina, Australia,
Canada, Denmark, Lebanon, South Africa and the USA. In addition, over the past
five years, ICUCH has considerably expanded its membership from about 20 to 48
members. The Asia and the Pacific region (as defined by UNESCO) currently has 10
ICUCH members (one from each of Japan, Sri Lanka, Cambodia, Thailand, India,
Indonesia and China and three from Australia). It is clear that, just as ICOMOS need
more members in the Pacific, ICUCH needs one, or more, members from the Pacific.
ICUCH membership is not simply an issue for the Asia and the Pacific region, for
comparison, the Europe and North America region has 19 members while the Africa
region has just 5 members and the Arab States just 4 members. Fortunately in 2014
ICUCH will be considering an expansion of ICUCH membership as part of the flowon effects from the Eger-Xi’an Principles. The author has been a member of ICUCH
since 2009 and for a full list of ICUCH members see: http://icuch.icomos.org/icuchmembers/
ICUCH’s Vision, Mission and Strategy for the period 2009-2012 were formulated at
the Annual General Meeting of ICUCH in Québec in 2008 and include the following
missions:
▪ To assist other stakeholders in the field of maritime archaeology to manage,
protect, carry out sound study, and share knowledge on underwater cultural heritage.
▪ To raise public awareness of the existence of the world’s archaeological
underwater cultural heritage.
▪ To promote the protection and management of underwater cultural heritage
through facilitating development of national and regional cooperation, programmes,
and legislation.
6

�▪ To encourage an inclusive approach in underwater cultural heritage.
These particular missions were to be carried out using the following strategies:
▪ Promoting and actively assisting in capacity building in all the roles
mentioned in the Annex of the 2001 UNESCO Convention.
▪ Promoting education in underwater cultural heritage at all levels.
▪ Being strongly involved in raising public awareness.
These ICUCH missions and strategies, specifically those that encourage ICUCH
members to undertake, and be involved in, awareness raising, training and capacity
building in underwater cultural heritage protection and management, are the main
focus of this paper. ICUCH, for example, is an official partner of UNESCO
Underwater

Cultural

Heritage

Partners

in

Asia

and

the

Pacific

see:

http://www.unescobkk.org/culture/uch/partners/
As part of the Asia-Pacific Regional Capacity-Building Programme in Underwater
Cultural Heritage several ICUCH members, including the author, were invited to
contribute to three UNESCO Foundation Courses and two Advanced Courses on
Underwater Cultural Heritage between 2009 and 2011 (Staniforth, 2010). These
courses were primarily funded by the Government of Norway with support from the
Government of Thailand but they have not been run since 2011 as a result of a lack
of available funding. These courses were primarily held in Chanthaburi (Fig. 1) in
Thailand

see:

http://www.unescobkk.org/culture/uch/capacity-

building/courses/foundation/
One valuable product of this particular collaboration has been the development of
the Training Manual for the UNESCO Foundation Course on the Protection and
Management of Underwater Cultural heritage in Asia and the Pacific (UNESCO
Bangkok, 2012).
This

training

manual

can

be

downloaded

(for

free)

at:

http://www.unescobkk.org/culture/uch/uch-publication/. Another publication that a
number of ICUCH members contributed to is the Manual for Activities directed at
Underwater Cultural Heritage published by UNESCO in 2013 (Maarleveld, Guerin
and

Egger,

2013)

which

is

available

to

be

downloaded

(for

free)

at:

http://www.unesco.org/new/en/culture/themes/underwater-cultural-heritage/
In addition to involvement in awareness raising, training and capacity building
individual ICUCH members have been involved in collaborative research and

7

�underwater cultural heritage management projects in the Asia and the Pacific region
(Kimura et al., 2014; Lê et al., 2011; Manders, 2010).

Fig. 1 First UNESCO Foundation Course on Underwater Cultural
Heritage in Chathaburi, Thailand in 2009. (Mark Staniforth)

NAS
The Nautical Archaeology Society (NAS) was formed to promote interest in
underwater cultural heritage and is dedicated to advancing education in nautical and
maritime archaeology for everyone – its members, the general public and across the
global archaeological sector. NAS membership is open to everyone regardless of
qualifications and NAS publishes a quarterly member’s newsletter as well as a peer
reviewed academic journal twice a year – the highly respected International Journal
of Nautical Archaeology (IJNA). The NAS International Training Programme has
been delivering courses in maritime archaeology and underwater cultural heritage for
nearly 30 years see: http://www.nauticalarchaeologysociety.org/content/what-nastraining-programme
The NAS Training Programme has a modular structure, starting with a one day
Introduction course and working through the Part I, II and III Certificates and finally
the Part IV Diploma. The NAS programme has a published handbook available, now
in its second edition (Bowens, 2008) and is open to everybody with the Introduction
course requiring no prior learning or qualifications. The NAS Training Programme is
designed with courses in a wide range of topics and subject areas within nautical
8

�and maritime archaeology. The author has been involved with the NAS Training
Programme since the mid 1990s when the Australasian Institute for Maritime
Archaeology (AIMA) introduced NAS training into Australia (Moran and Staniforth,
1998). From 1997 AIMA tailored the NAS Training programme to suit Australian
conditions and sites and the author served for five years as the first AIMA/NAS
Senior Tutor in Australia. Over the last fifteen years or so, dozens of AIMA/NAS
Training courses have taught hundreds of people in all states of Australia about
underwater cultural heritage and maritime archaeology (see: http://www.aimaunderwater.org.au/parts-i-iv/).
In addition AIMA/NAS Training has also been successfully incorporated into
university level studies in maritime archaeology, for example, those conducted at
Flinders University (Staniforth, 2008). In 2012 the Nautical Archaeology Society
(NAS) gave permission for a pilot program of NAS training to be conducted in
Vietnam (at no cost) on a “one-off” basis. NAS Training was conducted at the
Institute of Archaeology building in Hanoi, over a three-day period during
November/December of 2012. Early in 2013 NAS granted a free NAS International
license to the Institute of Archaeology (IA) in Vietnam and the author was appointed
as the NAS Senior Tutor for Vietnam for a five-year term. With support from the
Nghe An province an NAS Introduction to Maritime Archaeology training course (1
day) was held in Vinh city on Thursday 16 October 2013. Thanks to the Hoi An
People's Committee, which agreed to sponsor NAS training at Hoi An in November
2013, an NAS Introduction courses (1 day) took place on 7 November followed by an
NAS Part 1 course (2 day) on 8 and 9 November 2013 (Fig. 2).
The NAS Training programme in Vietnam has been designed to increase awareness
at local, provincial and national levels about the extent and nature of Vietnam’s
underwater and maritime cultural heritage as well as about underwater and maritime
archaeology. With the assistance of partners, sponsors and contributors, NAS
training has been provided free of charge to more than 100 Vietnamese students,
government agency personnel, archaeologists and others in order to raise
awareness about underwater cultural heritage and maritime archaeology in Vietnam.
Hopefully, this should help Vietnam to preserve and protect its underwater cultural
heritage see: http://www.themua.org/vietnam/nas.php

9

�Fig. 2 NAS practical training at the Nghe An Museum in
Vinh City, Nghe An, Vietnam. (Mark Staniforth)

University level teaching
UNESCO has suggested that the minimum qualification for an archaeologist is: “A
degree in archaeology or similar qualification recognized by the country in which the
archaeologist is working” see:
http://www.unesco.org/new/en/culture/themes/underwater-culturalheritage/underwater-heritage-tutorial/tutorial/
Throughput the world, tertiary qualifications at some level from undergraduate
degrees through to Doctoral level degrees from a fully accredited university are
usually seen as the basic qualifications required for professional underwater or
maritime archaeologists and underwater cultural heritage managers (Staniforth,
2008a; 2008b; 2009; 2010). Unfortunately university level teaching in maritime
archaeology is both limited and expensive in the Asia and the Pacific region, which
means that only a limited number of maritime archaeologists and underwater cultural
heritage managers have been able to benefit from this level of training. One of the
few examples where university level training has been made available at no cost to
participants, was organized partly using ICUCH networks, when the Maritime
Archaeology Program (MAP) at Flinders University was awarded funding from Aus
AID, the Australian federal government’s overseas aid organization, to bring 11 midcareer professionals involved in maritime archaeology from the Asia-Pacific region to
Australia for a 6 week training program (Staniforth, 2011). Mid-career professional
10

�training like this goes some way to fulfilling social justice and equity aspirations to
make university level teaching in maritime archaeology available to more people in
the Asia and the Pacific region (Fig. 3).

Fig. 3 Opening ceremony of the Flinders University Intensive Progam on
Underwater Cultural Heritage in Adelaide, South Australia in 2009. (Jun Kimura)

Language of Instruction
There is no doubt that for training courses with participants who come from a number
of different countries, such as the UNESCO Foundation courses, there is a need for
a single common language. One result is that most previous training activities in the
Asia and the Pacific region have been conducted in English. Nevertheless, in order
to successfully conduct public awareness raising and training within an individual
country, the content really has to be interpreted and translated into the national
language.
The language of instruction was seen as one of the key issues for NAS Training in
Vietnam, for example, where it was clear that we needed to have the training both
interpreted into spoken Vietnamese and translated into written Vietnamese.
Fortunately the Institute of Archaeology (IA) has been able to provide interpretation
services for NAS training and, in addition, the entire content of the NAS Introduction
course (11 sessions) has now been translated into Vietnamese. One of the benefits
of this approach has been to increasingly involve IA archaeologists in NAS training
with the stated aim of allowing NAS training to be primarily taught by Vietnamese
archaeologists within five years. In 2013 IA was also able to establish an Underwater
11

�Archaeology Department, headed by Dr. Le Thi Lien, which was, in a small part, as a
result of the NAS training initiative and will aid NAS training over the next few years.
Conclusion
ICOMOS, ICUCH and NAS can and do provide networks, advice, support and
training programmes but they are by no means the only ways of conducting these
activities. It is hoped that some approaches outlined in this paper can be adopted
and adapted by other countries, organizations and individuals in the Asia and the
Pacific region as the basis for effective collaboration and co-operation in awareness
raising, training and teaching of underwater archaeologists and underwater cultural
heritage managers.
Acknowledgements
I would like to particularly thank my colleagues in ICUCH, NAS and at Flinders
University for their contributions to, and support for, the networks, programmes,
projects and field schools that this paper discusses. Also the enthusiasm and interest
of the trainees and students has helped to make these activities productive as well
as enjoyable to conduct. I hope that they enjoy their involvement with underwater
cultural heritage as much as I have.
References
Bowens, A., (Ed.), 2008. Underwater Archaeology: The NAS Guide to Principles

and Practice. Wiley-Blackwell and the Nautical Archaeology Society,
Portsmouth.
ICOMOS., 2008. Eger-Xi’an Principles for the International Scientific Committees of
ICOMOS. ICOMOS, Paris.
Jeffery, W., 2006. Federated States of Micronesia. In S. Dromgoole (Ed.), The
Protection of the Underwater Cultural heritage: National Perspectives in light of the
UNESCO Convention 2001. Martinus Nijhoff Publishers, Leiden: 145-59.
Kimura, J., Staniforth, M., Lien, L. T., and Sasaki, R., 2014. Naval Battlefield
Archaeology of the Lost Kublai Khan Fleets. International Journal of Nautical
Archaeology, Vol. 43 (1): 76-87.
Lê, Thị Liên., Nguyễn,Thị Mai Hương., Pham, C., Staniforth, M., Delgado, J. P.,
Kimura, J., and Sasaki, R., 2011. Understanding the Bach Dang battlefield from
recent research results. In M. Staniforth, Jennifer Craig, Sheldon Clyde Jago-on,
Bobby Orillaneda, Ligaya Lacsina (Eds.), Proceedings on the Asia-Pacific Regional
12

�Conference on Underwater Cultural Heritage. Asian Academy for Heritage
Management. Manila: 77-90.
Maarleveld, T. J., Guerin, U., and Egger, B., (Eds.), 2013. Manual for Activities
directed at Underwater Cultural Heritage: Guidelines to the Annex of the 2001
UNESCO Convention. UNESCO, Paris.
Manders, M. J., 2010. Dutch involvement in Asian Underwater Cultural Heritage
management: building upon old connections. Journal of Maritime Archaeology, Vol. 5
(2): 117-127.
Manders, M. R., and Underwood, C. J., (Eds.), 2012. Training Manual for the
UNESCO Foundation Course on the Protection and Management of Underwater
Cultural heritage in Asia and the Pacific. UNESCO Bangkok, Bangkok.
Moran, V., and Staniforth, M., 1998.The AIMA/NAS Part 1 Training Program. The
Bulletin of the Australian Institute for Maritime Archaeology, Vol. 22: 137-138.
Parthesius, R., and Jeffery, W. F., 2012. Building country-relevant programmes in
the context of the implementation of the UNESCO Convention on the Protection of
Underwater Cultural Heritage. In S. J. van der Linde, M. H. van den Dries, N.
Schlanger and C. G. Slappendel (Eds.), European Archaeology Abroad: global
settings, comparative perspectives. Sidestone Press, Leiden: 267-286.
Prott, L. V., 2006. Finishing the Interrupted Voyage: Papers of the UNESCO AsiaPacific Workshop on the 2001 Convention on the Protection of the Underwater
Cultural Heritage. Institute of Art and Law, Leicester.
Shuguang, L., (Ed.), 2011. 2010 International Meeting on Protection, Presentation
and Valorisation of Underwater Cultural Heritage. Chongqing, China: Proceedings.
Cultural Relics Press, Beijing: 433-4.
Staniforth, M., 2008a. Strategies for teaching Maritime Archaeology in the 21st
century. Journal of Maritime Archaeology, Vol. 3: 93-102.
Staniforth, M., 2008b. Collaboration is the key: Developing field and work skills in
collaboration with government, museum and commercial underwater cultural
heritage organizations. In R. Radic Rossi, A. Gaspari and A. Pydyn (Eds.),
Proceedings of the 13th Annual Meeting of the European Association of
Archaeologists (Zadar, Croatia, 18-23 September 2007. Session: Underwater
Archaeology), Hrvatskoarheoloskodrustvo – Profil, Zagreb: 111-120.

13

�Staniforth, M., 2009. Work-Integrated Learning in Maritime Archaeology: An
Australian Approach. The International Journal of Learning, Vol. 16 (8) Publisher
Site: http://www.Learning-Journal.com
Staniforth, M., 2010. Issues in Education in Maritime Archaeology. In R. Amoeda, S.
Lira and C. Pinheiro (Eds.), Heritage 2010: Heritage and Sustainable Development.
Greenlines Institute for Sustainable Development, Evora, Portugal: 315-322.
Staniforth, M., 2011. The Flinders University Intensive Program in Underwater
Cultural Heritage Management.

In M. Staniforth, Jennifer Craig, Sheldon Clyde

Jago-on, Bobby Orillaneda, Ligaya Lacsina (Eds.), Proceedings on the Asia-Pacific
Regional Conference on Underwater Cultural Heritage. Asian Academy for Heritage
Management, Manila: 613-623.
Mark Staniforth is an Adjunct Senior Research Fellow in the School of Geography
and Environmental Science at Monash University and an Adjunct Associate
Professor at Flinders University in Australia. He has been an ICOMOS member for
two decades and he is an expert member of two ICOMOS International Scientific
Committees - ICOMOS - ICUCH (International Committee on the Underwater
Cultural Heritage) and ICOMOS - ICAHM (International Committee on
Archaeological Heritage Management). Mark is also the NAS Senior Tutor for
Vietnam. Mark was the Convener of the Maritime Archaeology Program (MAP) in the
Department of Archaeology at Flinders University for 14 years (1997-2010) where he
taught topics in undergraduate and postgraduate maritime archaeology and
underwater cultural heritage management.

14

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                <text>This paper outlines the role played by ICOMOS (International Council on Monuments and Sites), which is an international non-governmental organization (NGO) dedicated to the conservation of the world's cultural monuments and sites and specifically in awareness raising and training related to underwater cultural heritage protection. ICOMOS membership requires an individual to be a practicing cultural heritage professional or have professional qualifications in the fields of conservation or preservation such as architect, archaeologist, town planner, and engineer, administrator of heritage, art historian or archivist. ICOMOS International Scientific Committees (ISCs) (such as ICUCH) are the vehicles through which ICOMOS brings together, develops and serves its worldwide membership according to their fields of specialized interest. ICOMOS expects the ISCs to be at the heart of scientific inquiry and exchange in their domains and to share knowledge among them to foster multi-disciplinary approaches to heritage protection and management. ICUCH (International Committee on Underwater Cultural Heritage) was founded in 1991 by ICOMOS Australia to promote international cooperation in the protection and management of underwater cultural heritage and to advise ICOMOS on issues related to underwater cultural heritage around the world. ICUCH currently has ten members from the Asia and the Pacific region and this paper will discuss the role of ICUCH in the region. Furthermore ICUCHâ€™s mission will only be achieved in conjunction with other stakeholders, such as the Nautical Archaeology Society (NAS). NAS training aims to increase public awareness at local, provincial and national levels about the extent and nature of underwater and maritime cultural heritage as well as about underwater and maritime archaeology.</text>
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                    <text>Maritime Archaeology of Ships of Indian Ocean,
Southeast Asia and East Asia, the question of
bulkheads
Jeremy Green

Abstract
This paper will discuss the maritime archaeological work that has been carried out in the region,
looking at shipbuilding construction and what has been learned through this work. In Southeast
Asia the excavations in the 1980s by the Department of Archaeology of Thailand and the Western
Australia Museum on the Pattaya and Ko Si Chang 3 sites will be examined, with a discussion on
the construction techniques. In East Asia the significance of the Song dynasty ship from
Quanzhou will be discussed in relation to the Southeast Asian ship construction.
The whole of the geographical region dealt with in this paper is faced with the challenge
of dealing with treasure hunting and the exploitation of underwater cultural heritage for financial
gain. While maritime archaeological projects in the region have been limited, there is a need to
encourage countries to understand and protect their cultural heritage. This can only be done
through archaeological work, as there can be no real benefit from working for commercial
salvage. The paper will discuss the relative merits of archaeological investigations of shipwrecks
in the region compared with that of commercial salvage.

Introduction
The purpose of this paper is to demonstrate that simple archaeological methods,
when applied to shipwrecks, can produce important information. The paper
centres on the Pattaya shipwreck, a site in the Gulf of Thailand that was
completely looted in the 1970s. By examining the hull of the vessel a number of
important conclusions were made about the construction of Southeast Asian
ships. This was the first site in Southeast Asia where the construction of a vessel
was published. Comparisons can be made with the Song dynasty shipwreck from
Quanzhou, China. It is surprising that in spite of a number of non-archaeological
projects involving Southeast Asian vessels, almost no information has been
forthcoming on the construction and building of these vessels. It seems that the
commercial companies involved in these operations, even when they employ an
archaeologist, have neither the interest nor the inclination to study this aspect of
the site. No doubt based on the commercial consideration that such work has no
financial benefit.

Historical evidence
Needham (1971), in his encyclopaedic work Science and Civilisation of China
(Volume 4: Physics and Physical Technology, Part III: Civil Engineering and
Nautics) stated that ‘Geographical factors have had considerable influence in
differentiating the craft found along the coasts of China…Hsieh Chan-Jen,
commenting on a passage in the Jih Chih Lu (Daily Additions to Knowledge) of
Ku Yen-Wu, itself finished in +1673, wrote as follows:
The sea-going vessels of the Jiang-nan are named ‘sand-ships’ (sha chuan) for as
their bottoms are flat and broad they can sail over shoals and moor near

�sandbanks, frequenting sandy (or muddy) creeks and havens without getting
stuck…But the sea-going vessels of Fujian and Guangdong have round bottoms
and high decks. At the base of their hulls there are large beams of wood in three
sections called ‘dragon-spines’ (long gu). If (these ships) should encounter shallow
sandy (water) the dragon spine may get stuck in the sand, and if the wind and tide
are not favourable there may be danger in pulling it out. But sailing to the South
Seas (Nan-Yang) where there are many islands and rocks in the water, ships with
dragon-spines can turn more easily to avoid them. (Needham 1971, Vol. 4.3: 429).

It is unclear from this passage if Needham has confused the strengthening wales
with the true keel of deep hulled vessels. The earlier passage clearly indicates
this error, since it refers to the long gu getting stuck in the sand. Needham
(1971:409) also refers to the Tien Gong Wu (Exploitation of the Works of Nature)
by Song Ying Xing in 1637. Here a description of a canal grain-carrying vessel is
given and then his description of the shipyards:
The construction of the boat begins with the bottom. The strakes of the hull are
built up on both sides from the bottom to a height (equivalent to that of the future)
deck. Bulkheads are set at intervals to divide the vessel (into separate
compartments), [we may interpret this statement as an indication that the vessels
were built shell-first] and (the holds have) sheer vertical sides which are called
qiang…The horizontal bars (heng mu) which grasp the mast’s foot below this are
called ‘ground dragons’ (di long), and these are connected by components called
‘lion-tamers’ (fu shi), while underneath them lies another called a ‘lion-grasper’ (na
shi). Under the ‘lion-tamers’ are the ‘closure pieces’ (feng tou mu) otherwise known
as triple tie-bars (lian san fang)…

Another important source from the Song Dynasty is Marco Polo who resided in
China between 1275 and 1292. He wrote about Chinese river shipping and also
on sea-going vessels of Guangdong and Fujian. There are interesting variations
in the translation of The Travels of Marco Polo. The version translated by Latham
(1958) gives the following account at the beginning of Chapter Six: From China
to India:
They are built of a wood called spruce or fir. They have one deck; and above this
deck, in most ships, are at least sixty cabins, each of which can comfortably
accommodate one merchant. They have one steering oar and four masts.

Needham (1971) gives an alternative and unreferenced translation that will be
quoted here in full. Note the differences between the two versions:
…the merchants go and come into India through the Indian Sea. Now you may
know that those ships are made in such a way as I shall describe unto you.
I tell you that are mostly built of the wood which is called fir or pine.
They have one floor, which with us is called a deck, one for each, and on this deck
there are commonly in all the greater number quite 60 little rooms or cabins, and in
some, more, and in some, fewer, according as the ships are larger or smaller,
where, in each, a merchant can stay comfortably.
…Some ships, namely those which are larger, have besides quite 13 holds, that is,
divisions, on the inside, made with strong planks fitted together, so that if by
accident that the ship is staved in any place, namely that it either strikes on a rock,
or a whale-fish striking against it in search of food staves it in. And then the water

�entering through the hole runs to the bilge, which never remains occupied with
things. And then the sailors find out where the ship is staved and then the hold
which answers to the break is emptied into the others, for the water cannot pass
from one hold to another, so strongly are they shut in; and they repair the ship
there and put back the goods which were taken out.
They are indeed nailed in such a way; for they are all lined, that is, that they have
two boards above the other.
And the boards of the ship, inside and outside, are thus fitted together, that is, they
are in the common speech of our sailors, caulked both outside and inside, and they
are all well nailed inside and outside with iron pins. They are not pitched with pitch,
because they have none of it in those regions, but they oil them in such a way as I
shall tell you, because they have another thing that seems better than pitch. For I
tell you that they take lime and hemp chopped up small and they pound it all
together, I tell you that becomes sticky and holds like birdlime. And with this thing
they smear their ships and this is worth quite as much as pitch.
Moreover I tell you again that when the great ships wish to be decorated [?], that is
to be repaired, and it has made a great voyage or has sailed a whole year or more
and needs repair, they repair it in such a way. For they nail yet another board over
the aforesaid original two all round the ship without removing the former at all, and
then there are three of them over the whole ship everywhere, one nailed above the
other, and then when it is nailed they also caulk and oil it with the aforesaid mixture
and this is the repair which they do. And at the end of the second year at the
second repair they nail yet another board leaving the other boards so that there are
four. And this way they go each year from repair to repair until the number of six
boards, the one nailed on the other. And when they have six boards the one upon
the other nailed then the ship is condemned and they sail no more in her on too
high seas but in near journeys and good weather and they do not overload them
until it seems to them that they are of no more value and that can make no more
use of them. Then they are dismantled and broken up.

Marco Polo is the origin of the theory that Chinese ships had bulkhead
compartments that were completely watertight. Later writers, up to and including
Needham followed this suggestion. However, every Asian vessel with bulkheads
that has been archaeologically excavated shows evidence that the bulkheads,
although sealed with luting, had limbers to allow water to flow between the
compartments. Additionally, there has been no evidence of stoppers or bungs in
the limbers, indicating at the time of sinking the limbers were open. The
statement about the multiple planking provides historical evidence for a
technique that would be hard to understand from the archaeological evidence
alone.
Ibn Battutah (Gibb 1958), who was in China in 1347, noted that:
The Chinese vessels are of three kinds; large ships called chunks [in other
translations jonouq, in Needham chuan]…These vessels are built in the towns of
Zaytún and Sín-Kalán. The vessel has four decks and contains rooms, cabins, and
saloons for merchants; a cabin has chambers and a lavatory, and can be locked by
its occupant…This is the manner after which they are made; two (parallel) walls of
very thick wooden (planking) are raised and across the space between and
longitudinally and transversely by means of large nails, each three ells in length.
When these walls have thus been built the lower deck is fitted in and the ship is
launched before the upper works are.

�Southeast Asian examples of bulkheads
The Pattaya Pottery Site, in the Gulf of Thailand was discovered in about 1976
by sports divers and was the subject of continual looting. Howitz (1977: 14)
reported:
…to a very large extent treasure hunters had already looted valuable and goodquality items and had, as well, seriously damaged the remains of the ship itself.
There is evidence that they had used explosives to enter the cargo compartments,
and an airlift to blow away the mud and sand.

In 1982 a joint Thai–Australian team of maritime archaeologists carried out an
excavation of the site (Green &amp; Harper 1982). It provided, for a looted wreck site,
a large body of information. Evidence of looting included recently broken
stoneware storage jars littering the site and holes dug around the site. What was
of particular interest was the remaining hull structure, about 9 meters by 4
meters, which was protruding from the seabed. The excavation revealed a
remaining hull structure composed of eight strakes on either side of the keel, six
bulkheads and a mast step. The planking was edge joined with dowels, consisted
of three layers, an inner layer 70 millimeters (mm) thick and two outer layers of
40 mm. Six bulkheads, with two limbers 110 mm in diameter cut in the base next
to the keel, were supported by light frames. The bulkheads consisted of parallel
planks 70 mm thick, edge-joined with dowels. The frames were nailed to the
bulkhead and to the hull, with lateral and vertical iron nails. A mast step
consisting of large block of wood, shaped to fit the bottom of the vessel, sat
across the keel against the sixth bulkhead also had two limber holes.
The excavation also showed some evidence as to how the cargo was
arranged on the ship. Between bulkheads three and five on the starboard side of
the vessel was a very large concretion that was confined to a line 300 mm off the
centre line of the vessel. There was also evidence of bamboo dunnage
protruding from the concretion. The concretion appeared to be confined by a
partition to the starboard side of the vessel that may suggest internal
arrangement and explain the function of the watertight bulkheads and the
limbers. It is unclear why one would go to such lengths to seal the bulkheads
while having large limbers on the bilge. Marco Polo’s statement that the
compartments were watertight has been taken in the past to mean that the
compartments were sealed. However, every vessel with bulkheads has been
found to have open limbers. Some rational explanation is required to explain the
presence of sealed bulkheads with open limber holes. If the cargo completely
filled the compartment, how then does this work?
The evidence on this site that there was a space in the centre of the
compartment, about 600 mm wide that was kept clear. Presumably there was
some form of longitudinal partition to confine the cargo space. This would then
provide a narrow, but clear access to the limbers at the bottom of the bulkheads.
One possibility is that in the event of the vessel springing a serious leak, the crew
could gain access to the limbers and block them so that the leak could be
confined to the hold affected. In normal circumstances the limbers were free to
allow the movement of bilge water to the lowest point where it could be bailed or

�pumped out. If there were no limbers then the bilge water would collect in each
compartment, necessitating a bilge pump to be located or used in each
compartment.
However, this was not always the case. In the Ko Si Chang Three site
(Green, et al. 1987), a large concretion of iron and storage jars was located over
the keel area in one compartment, thus blocking the access to the limbers within
that compartment. Possibly, depending on the nature of the cargo and loading
arrangements, access (in these cases) was provided on alternate sides of the
bulkheads.

Chinese bulkheads
The Song dynasty shipwreck found near Quanzhou, in Fujian Province of China
(known as the Quanzhou Ship), has been the subject of a number of studies. It
was the first Chinese vessel to be completely excavated and as such it is
extremely interesting in relation to the question of bulkheads. In the Song ship
the bulkheads are constructed from planks about 80 mm thick, skew nailed
together. The skew nails were driven downwards and were inserted from both
forward and aft faces of the bulkheads. Unlike the plank shell skew nails, they
are very irregularly spaced (&lt;100 mm–400 mm). The few scarfs in the planks that
make up the bulkheads are complex and carefully made.
On the side of each bulkhead closest to mid ships there are half frames.
The half frames are on the aft side of bulkheads 1–6 and the forward side of
bulkheads 7–11. There are no half frames at bulkhead 12. One immediately
obvious difference in the construction of the bulkhead is the presence of iron
brackets, that are cut through the hull and serve to support the bulkheads on the
opposite to the frames. Brackets have not been found on any Southeast Asian
vessel (defined by edge joining with dowels), but are common on Chinese
vessels (Ningbo (Shimin 1991), Fa Shi (Yingfan 1985) and Shinan (Green 1983)
ships).
Limbers are about 250 mm high and 90 mm wide and their presence
make it clear that neither the bulkheads nor the frames could have been strongly
fastened to the keel; therefore, it is highly unlikely that they were set up before
the plank shell was assembled. Remains of a layer of lime putty, containing very
fine jute fibres, inside and out of the hull. This once again raises the question of
the function of the limbers in relation to the bulkheads. Every Asian shipwreck
with bulkheads has been found with open limber holes. There is conflicting
evidence in the two Southeast Asian vessels, where in one case, at least one
compartment between the bulkheads was completely filled with cargo, and in the
other there is evidence that a central area between the two sides of the
compartment was kept clear.

Discussion
The evaluation of the sites discussed suggest the following:
• Both Chinese and Southeast Asian vessels shared common features, in
particular the bulkheads and the frames that supported the bulkheads.

�•
•

•
•
•
•

Bulkheads were luted to make them watertight but had limber holes that
were open at the time of the loss of the vessels.
Southeast Asian vessels were edge joined with dowels whereas Chinese
vessels were fastened with iron nails.
Chinese vessels often had a form of stiffeners that penetrated the hull and
attached to the opposite of the bulkhead to the frames to support the
bulkheads.
The main mast step was similar in both Chinese and Southeast Asian
vessels, indicating a tabernacle arrangement.
The location of the frames against the bulkheads, on either side of the
mast step was similar in both Chinese and Southeast Asian vessels.
There is evidence for multiple layers of planking, with the innermost layer
being the thickest, in both Chinese and Southeast Asian vessels.
There is evidence that both Chinese and Southeast Asian vessels were
built shell first with the bulkheads inserted after the construction of the
main hull shell.

Bibliography
Gibb, H.A.R., 1958
Green, J.N,
Harper, R. &amp;
Intakosi, V.,
1987
Green, J.N. &amp;
Harper, R.,
1982
Green, J.N.,
1983
Green, J.N.,
1983
Howitz, P.C.,
1977
Latham, R.,
1958
Lin Shimin, Du
Genqui and Green,
J.N.,
1991
Needham, J.,
1971
Wang Gungwu,

The travels of Ibn Battuta A.D. 1325-1354. Hakluyt Soc.,
Cambridge. (Second Series).
The maritime archaeology of shipwrecks and ceramics
in Southeast Asia and the Ko Si Chang Three shipwreck
excavation. Australian Institute for Maritime Archaeology
Special Publication, No. 4.
The excavation of the Pattaya wreck site and survey of
three other sites, Thailand 1982. Australian Institute for
Maritime Archaeology Special Publication, No. 1.
The Shinan excavation, Korea: an interim report on the
hull structure. International Journal of Nautical
Archaeology, 12. 4: 293–302.
The Song Dynasty shipwreck at Quanzhou Fujian
Province, People’s Republic of China. International
Journal of Nautical Archaeology, 12. 3: 253–261.
Two ancient shipwrecks in the Gulf of Thailand: a report
on archaeological investigations. Journal Siam Society,
65.2: 1–22.
The travels of Marco Polo. Penguin Books.
Waterfront excavations at Dongmenkou, Ningbo, Zhe
Jiang Province, PRC. International Journal of Nautical
Archaeology, 20.4: 299–311.
Science and Civilisation of China (Volume 4: Physics
and Physical Technology, Part III: Civil Engineering and
Nautics). Cambridge University Press.
The Nanhai trade, a study of the early history of Chinese

�1958
Xu Yingfan,
1985

trade in the South China Sea. Journal of the Malayan
Branch of the Royal Asiatic Society, 31.2: 1–135.
Origin and technique of gua ju (iron cramp) connections
in wooden craft construction. Transactions of CSNAME
Marine History Research Group, No. 1.

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                <text>Maritime Archaeology of Ships of Indian Ocean, Southeast Asia and East Asia, the Question of Bulkheads</text>
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                <text>        This paper will discuss the maritime archaeological work that has been carried out in the region, looking at shipbuilding construction and what has been learned through this work. In Southeast Asia the excavations in the 1980s by the Department of Archaeology of Thailand and the Western Australia Museum on the Pattaya and Ko Si Chang 3 sites will be examined, with a discussion on the construction techniques. In East Asia the significance of the Song dynasty ship from Quanzhou will be discussed in relation to the Southeast Asian ship construction.&#13;
&#13;
	The whole of the geographical region dealt with in this paper is faced with the challenge of dealing with treasure hunting and the exploitation of underwater cultural heritage for financial gain. While maritime archaeological projects in the region have been limited, there is a need to encourage countries to understand and protect their cultural heritage. This can only be done through archaeological work, as there can be no real benefit from working for commercial salvage. The paper will discuss the relative merits of archaeological investigations of shipwrecks in the region compared with that of commercial salvage.&#13;
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                    <text>JPAC Underwater Geographic Information System (UGIS)
Stefan Claesson, Ph.D.
Andrew Pietruzska, Ph.D.
Richard Wills, M.A.
Joint POW/MIA Accounting Command
U.S. Department of Defense
Honolulu, HI
http://www.jpac.pacom.mil

JPAC

conducts global search, recovery, and
laboratory operations to identify unaccounted for
Americans from past conflicts in order to support the
U.S. Department of Defense’s personnel accounting
efforts.

Phase 1: Inventory

Distribution of U.S. Military Aircraft Losses in Asia-Pacific Region

A primary goal of UGIS is to develop a
comprehensive inventory of all underwater U.S.
military losses including aircraft and ships from
World War II, Korean War, Vietnam War and
Cold War for the entire Asia-Pacific region.
Inventory and environmental data are used to
quickly access and identify geospatial
information pertaining to U.S. military losses in
marine, lacustrine, riverine, estuarine, and
aquaculture environments. These data are
digitally warehoused in UGIS and used to
support JPAC underwater investigation and
recovery missions.

 Assess, analyze, identify and manage underwater

military losses and archaeological site information.

 Determine the environmental feasibility of

conducting underwater investigation and recovery
activities.

 Prioritize investigation and recovery efforts in
order to achieve the best possible accounting
results.

 Deliver mission planning and post-mission reports
and map products.

 Access and distribute geographic information to

JPAC sections, and investigation/recovery teams in
the laboratory and/or field.

OTHER
&lt;4%

INDONESIA
32%

PHILIPPINES
6%
KOREA, NORTH
7%

PAPUA NEW
GUINEA
12%

JAPAN
9%
VIETNAM
12%

Total: 1,900

Phase 2: Analysis
UGIS provides a composite map or layers of historical, remote
sensing, environmental, and political geo-spatial features that
can be used to assist in the planning, management and recovery
of U.S. missing persons from past conflicts. Vector data sets
developed in UGIS include:

Vietnam War
(15%)

Korean War
(11%)

INDONESIA
37%

CHINA
6%

SOLOMON
ISLANDS
7%

World War II
(74%)

MICRONESIA
4%
NORTHERN
MARIANA
ISLANDS
4%

VIETNAM
7%
JAPAN
10%

SOLOMON
ISLANDS
14%

Total: 6,446

Cold War
(&lt;1%)

Historical Records

Remote Sensing

 Locations: features derived from historical records such as
witness observations and aerial photographs.
 Targets: features derived primarily from remote sensing
survey operations.
 Areas: survey or recovery areas proposed for investigation or
recovery operations based on locations, targets, and other
environmental (e.g., bathymetry, sediments) and political
information (e.g., marine boundaries).

Environmental Data

Composite map of UGIS data sets include base maps such as nautical
charts, loss incident locations as recorded in a legacy database system,
targets or anomalies as identified in remote sensing surveys, and historical
observations. Based on analysis of the combined data, JPAC plans
investigation and recovery operations.

Jurisdiction/Political
Boundaries

 Preservation and loss prevention of historical

information and knowledge, including storage and
warehousing of underwater investigation survey
and recovery data.

Underwater Casualties
(by Country)

OTHER
&lt;4%

Loss Incidents:

Why create an Underwater GIS?

Underwater Loss Incidents
(by Country)

Phase 3: Recovery
Planning

Investigation

Excavation

Identification

Closure

Contribute to UGIS!
JPAC seeks the support and cooperation of AsiaPacific nations, underwater cultural heritage
specialists and the regional diving community
to assist with the inventory and protection of
U.S. military archaeological sites under water
through the sharing of national or regional
archaeological inventory data. Please contact us
to support our mission.
Contact Information:
Stefan Claesson (stefan.claesson@jpac.pacom.mil)
Andrew Pietruzska (andrew.pietruzska@jpac.pacom.mil)
Richard Wills (richard.wills@jpac.pacom.mil)

Currently, JPAC’s underwater archaeology
team conducts three investigations (or
surveys) and three recoveries (or
excavations) around the world each year.
Factors such as weather, terrain, site
accessibility, and various logistical concerns
influence how and when JPAC teams deploy
to each specific site.

Underwater investigation teams (UIT)
utilize a variety of tools and methodologies
to locate and correlate crash sites with
specific loss incidents and unaccounted for
individuals. These include remote sensing
technologies such as side-scan sonar,
multi-beam sonar, and magnetometer,
witness interviews, and diver groundtruthing. If enough evidence is found, a site
is then recommended for recovery.

Underwater excavations and recovery teams
(URT) are directed by a JPAC underwater
archaeologist. The recovery teams consists of
specialized U.S. military personnel including
Navy/Army divers, combat photographers,
medics, linguists, life support analysts, and
support staff. Recoveries are conducted
according to the American Society of Crime
Laboratory Directors – Laboratory Accrediting
Board (ASCLD-LAB) crime scene standards.

Human remains and material evidence
recovered from the field are returned to JPAC’s
Central Identification Laboratory (CIL) in
Hawaii, where they undergo analyses. Positive
identifications are formulated on the basis of
multiple lines of evidence including skeletal
and dental analysis, mitochondrial DNA
(mtDNA), and associated material evidence.

The final outcome, and the goal of every JPAC
mission, is the repatriation and transfer of
accounted for remains and associated
personnel items to a soldier’s surviving family
members. More than 1,800 Americans have
been identified as a direct result of the work
undertaken by JPAC and its predecessors
since accounting efforts began in the 1970s.

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                    <text>THE 2001 CONVENTION:
A FRAMEWORK FOR INTERNATIONAL COOPERATION
IN SAFEGUARDING OUR UNDERWATER CULTURAL HERITAGE
Dr. Tim Curtis
Chief of Culture Unit
UNESCO Bangkok Office

Conference participants,
Ladies and gentlemen,
Good morning.
On behalf of UNESCO, I am very pleased to be here at this Inaugural Asia-Pacific
Conference on Underwater Cultural Heritage, in the company of distinguished scholars
and professionals who have devoted their careers to the study and protection of this
region’s invaluable underwater cultural heritage. As the first academic conference on
this significant theme focused on Asia and the Pacific, our gathering here today marks
an important milestone.
I would like to take this opportunity to thank our host, the National Museum of the
Philippines, for its warm hospitality, and to commend the organizers, the Asian
Academy for Heritage Management and, in particular, Dr Mark Staniforth of Flinders
University, for their initiative in making this conference a reality.
Challenges for Underwater Cultural Heritage
All around the world, our underwater cultural heritage is under threat. Unlike
archaeological sites on land, which are under stringent legal protection and widely
understood by the general public to be worthy of conservation, the sites underwater are
still vulnerable to exploitation and destruction.
Looting by treasure hunters, commercial fishing, seabed exploitation, construction of
offshore and on-shore maritime infrastructure, improvements in diving technology,
environmental changes and the rise in marine tourism – these are all factors that have
put this heritage at risk.
Here in the Asia-Pacific region, it is common knowledge that our waters are home to
some of the world’s richest archaeological remains, bearing witness to over three
millennia of history concerning the region and, indeed, the world. The extensive
1

�underwater cultural heritage ranges from ancient shipwrecks to the remains of
submerged cities and settlements to other traces of maritime infrastructure.
Yet, the state of protection of the underwater cultural heritage in Asia and the Pacific is
particularly worrying, as most States have very limited resources to adequately enact
measures to protect such sites – from the policy level down to practical in situ protection
operations. This leaves a gaping chasm which has resulted in the witting or unwitting
destruction of the sites by a range of actors, from illicit treasure hunters to deep sea oil
exploration companies.
Data compiled by UNESCO shows that at least seventy-two shipwrecks were reported
to have been looted and/or commercially excavated in the region within a period of
forty-seven years from 1963 to 2010. Of the seventy-two shipwrecks, only eight were
excavated with government cooperation or participation of archaeologists from relevant
agencies.
Commercial salvage operations by treasure hunters are of particular concern for
UNESCO. With financial resources fueled by the growing market in antiquities, these
operations have become increasingly ubiquitous. Driven by commercial motivations,
such treasure hunting operations often result in destruction of the wreck site, selective
recovery of high-value artefacts and a dispersal of finds into the hands of antique
collectors in various countries. They do not provide the means to undertake the rigorous
scientific inquiry and preservation measures for the sites and artefacts which is
advocated by the international conservation community and by UNESCO.
National legislation governing the protection of underwater cultural heritage is greatly
varied. Some countries provide a high level of protection, others provide a minimum
level of protection, while many provide no protection at all. Moreover, the remit of
national legislation is limited only to waters in the exclusive jurisdiction of states. Given
that only a small part of the world’s underwater cultural heritage are in territorial waters,
this leaves a vast amount without any effective protection.

The Making of the 2001 Convention
In response to the international community’s growing concern about the underwater
cultural heritage, the Convention on the Protection of the Underwater Cultural Heritage
was promulgated under the auspices of UNESCO.
The Convention is the key international treaty that sets a common framework and
standard for the protection of underwater cultural heritage against looting and
destruction. The Convention extends protection to cultural heritage underwater that is
2

�comparable in spirit to the protection granted by existing international conventions or
national legislation for cultural heritage on land.
The Convention helps to strengthen the international normative framework that
UNESCO has been supporting in the fight against the illicit trafficking of cultural
property. As an instrument dealing specifically with underwater cultural heritage, it fills
the gap in the international law and reinforces the provisions of three other important
conventions, namely:
•
•
•

the 1954 Convention for the Protection of Cultural Property in the Event of Armed
Conflict (known as the Hague Convention),
the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import,
Export and Transfer of Cultural Property
the 1995 UNIDROIT Convention on Stolen or Illegally Exported Objects

The Convention was the result of four years of intense negotiations which started in
1998 and included a wide range of stakeholders from government representatives to
archaeologists, lawyers and NGOs. It was adopted by the UNESCO General
Conference in 2001 and entered into force on 2 January 2009.
Popularly referred to as the 2001 Convention, at present, it has been ratified by forty
countries: fourteen from Latin America and the Carribean, eight from Africa, three from
the Arab States and fourteen from Europe and North America. This includes both Spain
and Portugal, two major maritime powers during the colonial era.
However, to this day, there has been only one signatory to the Convention from the
Asia-Pacific region, that is, Cambodia.

The 2001 Convention: An Overview
How does the 2001 Convention contribute to the protection of the underwater cultural
heritage?
The 2001 Convention starts by providing a shared understanding of what constitutes the
underwater cultural heritage. It defines underwater cultural heritage as “all traces of
human existence having a cultural, historical or archaeological character which have
been partially or totally underwater, periodically or continuously, for at least 100 years”.
The 2001 Convention sets out basic principles for the protection of underwater cultural
heritage, and attempts to harmonize the protection of underwater archaeological sites
with that of heritage on land. It provides a detailed cooperation system among States.
3

�Finally, it provides practical rules for the treatment and research of underwater cultural
heritage in its Annex.
It should be noted that the 2001 Convention does not regulate the ownership of cultural
property. As such, the Convention cannot be used to arbitrate quarrels or claims to
ownership between the various parties concerned.
Similarly, the 2001 Convention has no bearing on the sovereignty of States. Article 3 of
the Convention specifically says that it is not intended or designed to amend the
regulations of 1982 United Nations Convention on the Law of the Sea (UNCLOS) or any
other international law which outlines the definition and boundaries of maritime zones
and the jurisdiction and sovereignty of States.

The 2001 Convention: Main Principles
The 2001 Convention is underpinned by four main principles.
1. States Parties have an obligation to preserve underwater cultural heritage
2. In situ preservation of underwater cultural heritage shall be considered as the
first and preferred option
3. Underwater cultural heritage shall not be commercially exploited
4. States Parties should promote training and information sharing
The preference given to in situ preservation as the first option stresses the importance
and scientific significance of the historical context of the cultural object, which should be
respected. It also recognizes that, under normal circumstances, heritage is well
preserved under water, due to the lack of oxygen and low rate of deterioration.
The Convention prohibits commercial exploitation for both trade and speculation; it also
dissuades against the irretrievable dispersal of finds. Furthermore, the Convention
requires States Parties to take measures against the illicit trafficking of cultural objects.
In particular, they should prevent the entry into their territory, the dealing in, or the
possession of underwater cultural heritage that was illicitly exported/and or recovered.
States Parties should seize such property if it is found in their territories. The rationale is
that if treasure hunters have a difficult time to sell looted objects, the financial motivation
for conducting illegal excavations will eventually decrease.
Finally, the Convention promotes information sharing, training in underwater
archaeology, and technology transfer with a view to raising public awareness
concerning the significance of underwater cultural heritage. States Parties are
4

�encouraged to cooperate and assist each other in the protection and management of
such heritage, including collaborating in its investigation, conservation, study and
presentation.
It should be understood that the 2001 Convention contains minimum requirements.
Each State Party, if it so wishes, may choose to develop even higher standards of
protection. For instance, Australia, under the 1976 Historic Shipwrecks Act, protects all
shipwrecks and associated artefacts that are older than 75 years.

The 2001 Convention: A Framework for International Cooperation
The 2001 Convention provides States with a clear framework for cooperating with other
States to protect underwater cultural heritage sites wherever they are located. Prior to
the Convention, the existing international law did not furnish a sufficient basis for such
cooperation. UNCLOS, for example, has only two provisions that establish an obligation
of its States Parties to protect underwater cultural heritage, with Article 303 saying
simply that the States “shall cooperate” to protect the underwater heritage (paragraph
3), without providing further details or a mechanism for doing so.
The 2001 Convention proposes a State Cooperation System for the protection of
underwater cultural heritage. Within the current situation, a State usually has exclusive
jurisdiction only within its Territorial Sea, limited jurisdiction over the Exclusive
Economic Zone and Continental Shelf, and jurisdiction only over its own vessels and
nationals at High Sea. As such, a Coastal State cannot prevent a vessel from another
State from pillaging a site beyond its territorial seas. As for the Flag State of the
pillaging vessel, it usually ignores the activities of its vessels and nationals, especially if
they are undertaking activities very far away from its own territorial waters.
As the extension of jurisdiction of States at sea was not an option, the 2001 Convention
chose to facilitate cooperation among States as the only way to resolve this situation.
By joining the 2001 Convention, States agree to prohibit their nationals and vessels
from looting underwater cultural heritage, regardless of its location. The Flag State sets
legal regulations for its nationals and vessels, and other States help it in implementing
them. If no State has jurisdiction over a site, a “Coordinating State” takes over the
control, coordinating the cooperation among States Parties and implementing their
decisions, while acting on their behalf and not in its own interest.
The Convention also provides specific regulations for the reporting and the coordination
of activities, depending on the location of an underwater cultural heritage site. In their
Internal and Archipelagic Waters and Territorial Sea, States Parties have the exclusive
5

�right to regulate activities. For activities further afield, for instance, in the Exclusive
Economic Zone and the Continental Shelf, States Parties should report discoveries and
activities concerning heritage in these areas, and inform other States Parties.
Interested States can then cooperate in the protection of these sites.
This system makes it easier for States to take joint and effective action against treasurehunting and pillaging being conducted in territories outside the national jurisdiction of
any Coastal State. In the event that a large number of States join the 2001 Convention,
this international cooperation scheme will eventually render comprehensive protection
of underwater heritage sites around the world.

Initiatives and Next Steps for Protecting UCH in Asia and the Pacific
Even though ratification of the 2001 Convention is still pending among most Member
States in Asia and the Pacific, a number of initiatives have already been implemented
which are consistent with the spirit and intention of the Convention. That said, on the
whole, legislation, institutions and professional expertise still need to be substantially
strengthened, as the issue of underwater cultural heritage is relatively new in the region.
UNESCO has been supporting Member States to raise awareness among policy
makers and the general public, and to build national capacities in the protection and
management of underwater cultural heritage.
Of particular concern in the region is the lack of trained professionals who are qualified
to protect and manage underwater cultural heritage. Without adequate human
resources at the frontlines, efforts to apply the principles and regulations of the 2001
Convention will be difficult, even if policy and legislative measures are enhanced.
In order to respond to this need, UNESCO has trained over 70 underwater
archaeologists and professionals in allied fields since 2009 through a regional
programme supported by the Norwegian government. A Field Training Centre has been
set up in Chanthaburi, Thailand, which is hosted by the Royal Thai Government’s Fine
Arts Department. Trainees hailing from as far afield as the western reaches of the
Indian Ocean (like Kenya) and as far east as the Pacific islands have received rigorous
instruction in various aspects of managing underwater cultural heritage during
Foundation Courses, including GIS applications and techniques for in situ preservation
in two Advanced Courses.
To reinforce these skills, a number of graduates of the training courses were sponsored
by UNESCO to take part in an actual survey and research project organized by the Sri
Lankan Maritime Archaeology Unit on an ancient shipwreck in southern Sri Lanka.
6

�The curriculum and materials used in the training course will be made available in early
2012 as a standard training package for underwater cultural heritage. Already, the
UNESCO-affiliated training centre in Zadar, Croatia has already expressed interest in
using these materials for their upcoming training courses.
As a way of reaching out to a broader audience, an interactive exhibition on underwater
cultural heritage was organized for three months from August to October in 2010 at the
Siam Ocean World Bangkok, viewed by an estimated 150,000 visitors. The exhibition
material, which includes a full-scale model of a ship wreck, is now a part of the
permanent exhibition of the National Maritime Museum in Thailand. It can also be
accessed online through UNESCO Bangkok’s website as a virtual exhibition.
To sustain these efforts in the future, the Thai Government has indicated its
commitment to sustain the Field Training Centre over the long term. This welcome
gesture will allow trainees from around the region to continue to benefit from the fullyequipped facilities of the Centre, one of the leading venues of its kind in Asia and the
Pacific, and indeed, the world.

Conclusion
The success of the 2001 Convention hinges on the commitment of States to put into
action this framework for international cooperation to protect the underwater cultural
heritage. As a large part of this heritage is found on ocean floors located outside
national jurisdiction, by definition, it cannot be sufficiently protected by any State alone,
but only by a community of States.
Until such time that a significant number of States ratify the Convention, the Asia-Pacific
region will remain vulnerable to pillaging by treasure hunters and the destruction of
underwater cultural heritage will continue.
On behalf of UNESCO, I urge you, as policy makers, as leading scholars, and as
professionals, to help support the process for the ratification of the 2001 Convention in
your countries. It is only through our cooperation that this vulnerable heritage can be
protected for future generations to come.
Thank you.

7

�For further information
Tutorial on the Annex to the 2001 Convention:
http://www.unesco.org/new/en/culture/themes/underwater-cultural-heritage/underwaterheritage-tutorial/tutorial/
Code of Ethics for Diving on Submerged Archaeological Sites:
http://www.unesco.org/new/en/culture/themes/underwater-cultural-heritage/scubadiving/
Frequently Asked Questions about the 2001 Convention:
http://www.unesco.org/culture/underwater/faq-en/

Reference:
______.2006.Finishing the Interrupted Voyage: Papers of the UNESCO Asia-Pacific
Workshop on the 2001 Convention on the Protection of the Underwater Cultural
Heritage.L.V.Prott(ed.),Leicester,UNESCO/Institute of Arts and Law.

8

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