ARTICLE 1. (Definitions) 1.
(a) "Underwater cultural heritage" means all traces of human
existence underwater for at least 100 years including;
1.(b) Notwithstanding the provision of paragraph 1(a); a State Party may decide that certain traces of human existence constitute underwater cultural heritage even though they have been underwater for less than 100 years.
2. Underwater cultural heritage shall be deemed to have been "abandoned":
3. "Charter" means the "Charter for the Protection and Management of the Underwater Cultural Heritage" adopted by the International Council of Monuments and Sites (ICOMOS) at Sofia 1996.
4. "States Parties" means States which have consented to be bound by this Convention and for which the Convention is in force.
ARTICLE 2: Scope of application of the convention.
l. This Convention applies to underwater cultural heritage which has been
abandoned according to Article 1, paragraph 2.
2. This Convention shall not apply to the remains and contents of any warship, naval auxiliary, other vessel or aircraft owned or operated by a state and used, at the time of it's sinking, only for non-commercial purposes.
ARTICLE 3: General Principle.
States Parties shall preserve underwater cultural heritage for the benefit of
humankind.
ARTICLE 4: Underwater Cultural Heritage in Internal Waters, Archipelagic
Waters and Territorial Sea.
1. States Parties, in the exercise of their sovereignty, have the exclusive
right to regulate and authorise activities affecting underwater cultural
heritage in their internal waters, archipelagic waters and Territorial sea.
2. Without prejudice to other international agreements and rules of international law regarding the protection of underwater cultural heritage, States Parties shall take all necessary measures to ensure that at a minimum, the operative provisions of the charter be applied to activities affecting underwater cultural heritage in their internal waters, archipelagic waters and Territorial sea.
ARTICLE 5: Underwater Cultural Heritage in the Exclusive Economic Zone
and on the Continental Shelf.
1. States Parties shall require the notification of any discovery relating to
underwater cultural heritage occurring in their exclusive economic zone or on
their continental shelf.
2. States Parties may regulate and authorize all activities affecting underwater cultural heritage in the exclusive economic zone and on the continental shelf, in accordance with this Convention and other rules of international law.
3. In authorizing such activities, States Parties shall require compliance, at a minimum , with the operative provisions of the charter, in particular taking into account the needs of conservation and research, including the need for re-assembly of a dispersed collection, as well as public access, exhibition and education.
4. States Parties may deny authorization for the conduct of activities affecting underwater cultural heritage having the effect of unjustifiably interfering with the exploration or exploitation of their natural resources, whether living or not living.
5. States Parties shall make punishable all breaches of the terms of permits authorizing the conduct of activities affecting underwater cultural heritage.
ARTICLE 6: Non-use of areas under the jurisdiction of the Coastal
State.
1. No State Party shall allow use of its territory, including its maritime
ports and offshore terminals, or other area under its jurisdiction such as the
continental shelf or exclusive economic zone, in support of any activity
affecting underwater cultural heritage and inconsistent with the operative
provisions of the charter.
2. This provision shall apply to any such activity beyond the State's territorial sea but not within an area over which another State exercises controls over exploration, excavation and management of the underwater cultural heritage in accordance with article 5 (2) of this Convention unless requested by that State.
ARTICLE 7: Prohibition of certain activities by Nationals and Ships.
1. A State Party shall take such measures as may be necessary to ensure that
its nationals and vessels flying its flag do not engage in any activity
affecting underwater cultural heritage in a manner inconsistent with the
principles of the Charter.
2. Measures to be taken by a state ;Party in respect of its nationals and vessel flying its flag shall include, among others, the establishment of regulations:
The Professional Boatman's Association supports the principals of conservation and protection of the underwater cultural heritage contained within this convention. We have no difficulty supporting measures which prevent the interference with, damage to or removal of material from underwater sites since we derive our livelihoods from taking amateur sport divers to visit and explore underwater sites. We therefore have a clear vested interest in ensuring that such sites are preserved intact and therefore interesting to our customers.
We do, however have some very real concerns that the convention will be couched in such general and all embracing terms such that it could be used by some States parties to prevent the legitimate and reasonable exploration of the underwater world by amateur sport divers for leisure or educational purposes.
In the United Kingdom and world wide there is a significant and growing industry based upon the sport of sub aqua diving. many livelihoods are directly dependant upon this industry in training, dive centers, charter boats and dive tourism generally. Much of this industry is concentrated in areas of low economic activity such as the Orkneys. West Scotland, West Wales, Dorset, Devon and Cornwall. Overseas it is often third world countries which are involved such as those bordering the Red Sea. the Maldives, West Africa, South East Asia and the Pacific. This particular type of tourism is often a significant part of the economies of these regions. All of the major training agencies and most dive operators, whether dive centres or charter boats have long supported a "look but don't touch" philosophy. It is, after all in their long term economic interest.
Any convention which prohibited or made access to the underwater world or parts of it bureaucratically difficult for amateur sport divers could have far reaching effects on this fragile industry and consequently damage the economies of poorer regions.
This is particularly the case in Great Britain where the predominant interest of the majority of sport divers is exploring the many shipwrecks around our coast. The vast majority of these shipwrecks have occurred during the age of steam and have little archeological significance since much is already known about their construction and use. Of particular interest are the wrecks of Scapa Flow and those of the English and Bristol Channels. As we do not have the benefit of clear, warm water, coral reefs and brightly coloured fish the United Kingdom industry is heavily dependant upon the ability to dive these wrecks without undue bureaucratic hinderance.
We are specifically concerned about the general and all encompassing nature of a phrase which appears frequently in this convention "Activities which affect the underwater cultural heritage". This could be used to prohibit the wholly reasonable and legitimate exploration of the underwater world for leisure purposes. Alternatively a bureaucratic system could emerge which requires permits to dive each individual site which would be unworkable. We would prefer something on the lines of "Activities which would adversely affect the underwater cultural heritage".
We would like to see a balance struck between the need to protect the underwater cultural heritage and, as we see it the right of amateur sport divers to explore it without in any way damaging it. To this end we would like to see an article included in the convention incorporating a right to explore the underwater world on the basis that it would be an offence to in any way interfere with, damage or remove anything from the underwater world. We do of course appreciate the need to exclude from this right any site which is of significant archeological importance or which archeologists are working on. Such sites could be designated as they currently are in Great Britain. We would suggest that such a "Right to explore the underwater world is not dissimilar to "Right to roam the countryside" which is currently being discussed within the United Kingdom.
In conclusion the Professional Boatman's Association fully supports the need to conserve and protect the underwater cultural heritage but would like to see a convention which also addresses the sport divers right to explore, provided the underwater cultural heritage is not interfered with in any way, as a basic principal.