Ten key reasons support the UK’s ratification

1. 1. The UK is consistently experiencing the deleterious effects and impacts of human activity affecting underwater cultural heritage.

2. 2. Although the UK has adopted “The Rules” of the Convention, the UK’s domestic laws provide insufficient protection, as they are often site-specific, selective, and fail to comprehensively address the broader spectrum of underwater cultural heritage.

3. 3. The 2001 UNESCO Convention is an international instrument that advocates for global collaboration, which would benefit the UK’s underwater cultural heritage located in the territorial waters of other nations.

4. 4. The controversial issues concerning state vessels and sovereign immunity can be addressed through specific bilateral agreements negotiated on a case-by-case basis.

5. 5. Ratifying the 2001 UNESCO Convention would be a significant step forward in protecting the resting places of shipwrecks that contain human remains, including those of both civilians and military personnel.

6. 6. Some shipwrecks, particularly those from the Second World War, pose a risk of environmental pollution. The management and ownership of these wrecks require international collaboration to address this threat effectively.

7. 7. Amid the growing movement to repatriate cultural objects to their countries of origin, the UK must take more responsibility for the preservation and management of their underwater cultural heritage objects.

8. 8. The 2001 UNESCO Convention has the potential to become a crucial tool for addressing underwater cultural heritage in regions affected by human conflict in the future.

9. 9. Climate change will lead to the flooding and erosion of coastlines in the UK, resulting in the transformation of these areas into underwater cultural heritage sites in the future.

10. 10. Ocean developments, such as wind farms and oil platforms, underwater cables and an increase in uncrewed underwater vessel activity are likely to result in the discovery of additional underwater cultural heritage sites.

1. The United Kingdom is consistently experiencing the deleterious effects and impacts of human activity affecting underwater cultural heritage

The UK faces ongoing challenges regarding the negative impact of human activities on underwater cultural heritage sites, both from direct actions targeting these resources and indirect influences such as development and fishing. This spans a spectrum from minor impacts, such as the disturbance or loss of material culture, to large-scale illegal salvaging operations driven by commercial interests. These sites include shipwrecks, submerged settlements, and other archaeological remains both in territorial waters and abroad. For instance, in recent years, the UK government has undertaken an ongoing investigation into the plundering of British Second World War shipwrecks, particularly those located off the coasts of Malaysia and Indonesia. These shipwrecks, which were once part of naval operations during the war, have been targeted by illegal scrap metal scavengers. Many of these shipwrecks serve as war graves for sailors who lost their lives during the conflict. They represent the final resting places of individuals who made the ultimate sacrifice, and their protection is a matter of respect and remembrance. The 2001 UNESCO Convention currently does not cover World War II shipwrecks, as they have yet to reach the 100-year threshold required for protection under the treaty. However, this milestone will be met in the coming years, increasing the urgency for safeguarding these sites. Recognizing their significance, particularly as war graves, the UNESCO 2001 Convention Secretariat has been actively working to emphasize the importance of preserving these shipwrecks. In this context, the UHGW plays a vital role in advocating for the protection of the UK sites.

2. Although the UK has adopted “The Rules” of the Convention, the UK’s domestic laws provide insufficient protection, as they are often site-specific, selective, and fail to comprehensively address the broader spectrum of underwater cultural heritage

Many of the key laws in the UK concerning underwater cultural heritage are outdated, resulting in inadequate protection for numerous historically significant sites. This issue is particularly pronounced for underwater archaeological sites that fall outside the scope of shipwreck protection, leaving these valuable resources vulnerable to neglect and damage. One of the primary pieces of legislation aimed at safeguarding underwater cultural heritage, the Protection of Wrecks Act 1973, primarily addresses the protection of shipwrecks. However, this legislation does not comprehensively cover other types of underwater cultural heritage, such as submerged settlements or archaeological features. In addition, the act was originally intended as a temporary measure to be replaced by a more comprehensive system for safeguarding underwater heritage. However, its Section 1, which protects designated wrecks of historical or archaeological importance, has already been repealed in Scotland and replaced by a system of “historic marine protected areas.” These controversies highlight the need for a more unified and effective legislative framework across the UK.

The Annex to the 2001 UNESCO Convention establishes the principle that underwater cultural heritage should not be commercially exploited, a principle that aligns with existing government policy. However, the Merchant Shipping Act 1995 incentivizes the recovery of underwater cultural heritage by granting title and even financial rewards to finders, provided they report their discoveries to the Receiver of Wreck. This approach aligns with commercial salvage practices, and it is problematic for the protection of underwater cultural heritage, as it treats heritage assets as commodities rather than invaluable historical and cultural resources.

3. The 2001 UNESCO Convention is an international instrument that advocates for global collaboration, which would benefit the UK’s underwater cultural heritage located in the territorial waters of other nations

As an island nation with a long maritime history, the UK has been a significant maritime power for hundreds of years. British ships have navigated and explored every corner of the globe, leaving behind a vast array of shipwrecks and maritime artefacts scattered across international waters. These sites are crucial to understanding the UK’s rich maritime heritage.

As of November 2024, the 2001 UNESCO Convention has been ratified by 77 countries. This includes several nations with territorial waters where UK shipwrecks are located. The Convention aims to strengthen international collaboration in protecting cultural heritage.

The UK’s intention to ratify the 2003 UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage underscores a major commitment to the protection and promotion of intangible cultural heritage. This decision reflects the UK’s dedication to safeguarding its living cultural traditions while fostering collaboration with other states’ parties. Through this ratification, the UK demonstrates its commitment to share knowledge, expertise, and resources, thereby enhancing the global efforts to effectively preserve and promote cultural heritage.

4. The controversial issues concerning state vessels and sovereign immunity can be addressed through specific bilateral agreements negotiated on a case-by-case basis

The UK government expressed concerns regarding the impact of the 2001 UNESCO Convention on the sovereign immunity of sunken state vessels and aircraft. Specifically, there was apprehension about how the Convention might affect the protections afforded to these vessels under pre-existing laws governing sovereign immunity.

However, recent experiences of countries that have ratified the 2001 UNESCO Convention have shown that these concerns are largely unfounded. Evidence from these nations indicates that the Convention does not necessitate changes to the sovereign immunity protections established by existing laws. The Convention has been implemented in a manner that respects and upholds the principle of sovereign immunity for sunken state vessels and aircraft, thereby maintaining the legal protections that were already in place. This approach ensures that the Convention’s objectives of preventing the illicit trade of cultural property and protecting underwater cultural heritage are achieved without undermining the established rights of sovereign states.

5. Ratifying the 2001 UNESCO Convention would be a significant step forward in protecting the resting places of shipwrecks that contain human remains, including those of both civilians and military personnel

The treatment of human remains presents one of the most intricate challenges in both terrestrial and underwater archaeology, involving a blend of legal and ethical considerations. While this issue has been extensively debated in the context of land archaeology, marine environments present unique circumstances that warrant special attention. Shipwrecks, often resulting from catastrophic events, frequently include human remains. These vessels, which were used for transporting passengers and cargo, were operated by both military and merchant marine crews and could carry both military personnel and civilian passengers depending on destination and the various reasons for travel.

In the UK, the designation of shipwrecks as war graves is governed by specific legislation related to military remains. The Protection of Military Remains Act 1986 safeguards military aircraft crash sites automatically, but vessels require specific designation to receive protection. The act applies to vessels lost after August 4, 1914, and designations are made based on criteria such as the presence of human remains and historical significance. The Human Tissue Act 2004, while focused on medical and research contexts, is also relevant to underwater cultural heritage, particularly in cases involving human remains in shipwrecks or maritime war graves. Scotland has its own legislation: the Human Tissue (Scotland) Act 2006, which governs the removal, storage, and use of human tissue there.

Human remains are also addressed by the 2001 UNESCO Convention, which includes them in its definition of underwater cultural heritage. According to the Convention, human remains submerged for at least 100 years are considered part of underwater cultural heritage and fall under its protective framework.

6. Some shipwrecks, particularly those from the Second World War, pose a risk of environmental pollution. The management and ownership of these wrecks require international collaboration to address this threat effectively

Sunken vessels, particularly warships, pose significant ecological risks to marine environments. The gradual or sudden release of pollutants from oil tanks and explosive ordnance can lead to water contamination, affecting water quality and temperature. Such pollution not only endangers underwater heritage, including wooden boats, but also threatens marine life. Given the nature of armed conflicts, many nations possess shipwrecks that lie beyond their international maritime boundaries. This situation necessitates international collaboration, both at the governmental and operational levels, to ensure that cultural heritage is respected and protected globally. The 2001 UNESCO Convention facilitates collaboration by promoting shared responsibility for this kind of underwater heritage, prioritizing in situ preservation and addressing threats like pollution.

Effective management begins with accurately locating these wrecks and understanding the associated responsibilities. Salvage operations represent a serious threat to both underwater cultural heritage and the environment, especially when best practices are not followed during material recovery. Addressing these issues and mitigating risks, whether military or ecological, requires cooperative international efforts to ensure fair and effective management.

7. Amid the growing movement to repatriate cultural objects to their countries of origin, the UK must take more responsibility for the preservation and management of their underwater cultural heritage objects

The issue of restitution of cultural objects has gained significant attention in the public sphere, with many discussions now centering on when, rather than if, these objects will be returned. While cultural objects housed in museums and other institutions frequently make headlines and are prominent in cultural discourse, discussions concerning underwater cultural heritage often receive less focus. This oversight is partly due to the complex nature of international maritime law and ongoing debates about the ownership of underwater cultural heritage.

To address these challenges, a clear national procedure must be established to determine the rightful return of cultural objects and identify the entities responsible for their retrieval. Given the United Kingdom’s extensive maritime history, protecting its rich underwater heritage is crucial, despite the associated costs. It is imperative for the UK government to collaborate with both national and commercial partners to manage these expenses effectively while ensuring the preservation of the nation’s maritime heritage, regardless of its location.

The UNESCO 2001 Convention provides a robust framework for achieving this. It promotes international cooperation, ensures the application of best practices for in situ preservation, and discourages commercial exploitation of underwater cultural sites. By aligning its policies with the principles of the 2001 Convention, the UK can strengthen its role in safeguarding submerged heritage, fostering collaboration with other nations, and addressing the ethical responsibilities associated with these significant historical artifacts.

8. The 2001 UNESCO Convention has the potential to become a crucial tool for addressing underwater cultural heritage in regions affected by human conflict in the future

Navigation and livelihood activities across oceans, lakes, and rivers have historically played a pivotal role in shaping regional geography and influencing political dynamics. Underwater heritage in areas affected by human conflict encompasses cultural and historical artefacts submerged in waters impacted by armed hostilities or geopolitical tensions.

The British Overseas Territories consist of 14 regions located overseas, including some in highly contested areas such as the Falkland Islands, Gibraltar, and the British Indian Ocean Territory. These territories are home to submerged relics, including shipwrecks, sunken cities, and other archaeological sites that bear witness to the historical impact of conflict on maritime and coastal regions. The study and preservation of underwater heritage in these areas are vital for comprehending the historical context, cultural significance, and human cost of past conflicts.

Effective protection and management of underwater cultural heritage require robust international cooperation. The 2001 UNESCO Convention offers a valuable framework for collaboration among states, scientific institutions, professional organizations, archaeologists, divers, and other stakeholders. This platform facilitates the collective effort needed to safeguard these invaluable underwater sites and ensures that their historical and cultural significance is preserved for future generations.

9. Climate change will lead to the flooding and erosion of coastlines in the UK, resulting in the transformation of these areas into underwater cultural heritage sites in the future

In addition to the negative effects of ocean acidification on underwater cultural heritage and the movement northward of invasive species, there are significant sea-level-related changes caused by climate change. Parts of southwestern England are sinking at a rate of about 0.6 millimeters per year, while parts of Scotland are rising by 1 millimeter per year. In addition, the government’s independent advisers on climate change warned that by the 2080s in England, up to 1.5 million properties, including those that are cultural heritage and 1.2 million homes, may be in areas at significant levels of (coastal) flood risk. Consequently, the effects of climate change might alter the landscape and contribute to the creation of new underwater archaeological sites in areas that were once above water. In the future, these underwater areas will be studied using digital techniques, including geometrical documentation of long, medium, and short range through the use of laser scanning and photogrammetry, all techniques already mastered by archaeologists underwater. Underwater cultural heritage can provide vital evidence about how human populations have adapted to, or been affected by, climate changes in the past.

This scenario highlights the broader implications of climate change on cultural heritage, emphasizing the need for proactive measures to protect and manage archaeological sites that might be at risk due to environmental change and ensuring the protection of underwater sites, considering ongoing adaptation planning. The UK legislation will not be prepared to protect these submerged remains, since the UK legislation mostly apply to shipwrecks and not to submerged landscapes. The 2001 UNESCO Convention can become an instrument to manage future losses of heritage, since it includes in its protection “sites, structures, buildings, artefacts and human remains, together with their archaeological and natural context.”

10. Ocean developments, such as wind farms and oil platforms, underwater cables and an increase in uncrewed underwater vessel activity, are likely to result in the discovery of additional underwater cultural heritage sites

The offshore energy sector, encompassing both emerging and established industries, represents a rapidly expanding yet largely unexplored field. While offshore oil and gas platforms have been in operation for decades, the current and upcoming decades will see a significant increase in the decommissioning of these structures.In addition, any reduction in energy infrastructure could be offset by an increase in military and security installations beneath the waves and on the seabed, which may have equally detrimental effects if underwater cultural heritage is not considered from the outset in planning processes. This introduces a new challenge for marine users, as the decommissioning process for offshore oil rigs, gas reserves, and wind farms represents one of the largest operations in the marine environment. As these structures reach the end of their productive life, they are decommissioned and subsequently dismantled, recycled, or disposed of. However, the initial construction of these facilities often lacks comprehensive “end-of-life” considerations.

Currently, there are 50 wind farms in UK waters, either operational or under construction, with an additional seven having secured a Contract for Difference. In addition, there are 94 oil platforms in UK waters, with this number fluctuating annually (although the UK government considers environmental consenting [Environmental Impact Assessment] not applicable to oil and gas development). The development of these platforms not only increases the likelihood of discovering underwater cultural heritage but also, if they are left in situ, these structures themselves may become part of the underwater cultural heritage in the future.

There remains considerable work to be done concerning policies and procedures for offshore energy extraction, including the integration of archaeological education for energy sector professionals. Understanding and respecting underwater cultural heritage is crucial for all stakeholders involved, and this is largely achieved through the implementation of the Environmental Impact Assessment Regulations. However, the 2001 UNESCO Convention offers an improved framework for knowledge sharing and cooperation among states parties, which can help address these challenges. Balancing the need for sustainable energy with the preservation of environmental and cultural heritage is a complex task, necessitating ongoing research and international collaboration to effectively mitigate potential adverse impacts.