Ireland ratifies the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage
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Ireland celebrates the ratification of the UNESCO 2001 Convention on the Protection of Underwater Cultural Heritage (UCH)
The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage has been ratified by Ireland. The Convention is an international legally binding agreement between the states which have ratified it (“States Parties”). It promotes the protection of the underwater cultural heritage, with cooperation between states parties being key to achieving this. By ratifying, Ireland becomes the 82nd Party to the Convention.
Ireland’s Ambassador to UNESCO, Ambassador David Brück, has now formally deposited the legal instrument of ratification with UNESCO in Paris. This followed ratification been approved by Dáil Éireann in October of this year.
On the ratification Minister for Housing, Local Government and Heritage, James Browne TD said:
“I was very pleased to bring a motion on ratification to Dáil Éireann last October and am delighted that, with this final step, Ireland can now play our part in international efforts to secure the protection of this important heritage. With the Convention providing a common legally binding framework for States Parties on how to better identify, research and protect this heritage, and ensuring its preservation and sustainability, we look forward to working with other State Parties in the year ahead to meet these objectives”
Ireland participated actively in the negotiation of the Convention in the 1990s and supported its adoption in 2001. While Ireland has had strong national legislation for the protection of historic wrecks and underwater archaeological objects for many years (as enacted in the National Monuments (Amendment) Act 1987), ratification of the Convention by Ireland was not possible without additional domestic legislation addressing protection of sites in international waters. This legislative provision was addressed through enactment of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (in particular, Chapter 2, Part 5 of that Act).
Minister of State for Nature, Heritage and Biodiversity Christopher O’Sullivan TD said:
“Understanding and conserving underwater cultural heritage, which is particularly vulnerable, allows for a better knowledge and appreciation of past culture, history and science. It also helps us understand the potential impacts of climate change and rising sea levels on this heritage. This ratification now places protection of underwater heritage as a key legislative and policy priority. Greater alignment with Marine Spatial Planning, and international cooperation on safeguarding what is, in many cases, a shared heritage will be now strengthened.”
Minister O’Sullivan added:
“As an island nation, our seas have played such an important role through millennia, and the underwater cultural heritage in our seas tells that history of people, of trade and maritime links. We now proudly join other nations across the globe to work together to protect and promote the significance of our own and the world’s underwater cultural heritage, which we cherish.”
In recent years, Ireland has contributed to the Convention through attending as observers, in UNESCO HQ, of the formal Meetings of State Parties which has nurtured very helpful engagement with the 2001 Convention UNESCO Secretariat. Ratification now means that Ireland can attend as a full State Party to the 2001 Convention.
Notes to Editors / Further Information
Notes on the 2001 UNESCO Convention on Protection of Underwater Cultural Heritage
The Convention was adopted on 2 November 2001 at the 31st UNESCO General Conference. It defines Underwater Cultural Heritage (UCH) as all traces of human existence of a cultural, historical or archaeological nature which, for at least 100 years, have been partially or totally immersed, periodically or permanently, under the oceans and in lakes and rivers.
The Convention sets out basic principles for protecting UCH from threats such as treasure hunting, looting and commercial exploitation. In particular, the Annex to the Convention contains detailed practical rules (“the Rules”) concerning “activities directed at UCH”. Activities directed at UCH are defined in terms of activities directed primarily at UCH and which could physically interfere with it. Accordingly, the primary focus of the Convention is on ensuring that projects, the purpose of which is recovery of UCH, only proceed where proper methods and standards are in place.
The primary focus of the Convention is on ensuring that projects, the purpose of which is recovery of UCH, only proceed where proper methods and standards are in place. What are termed “activities incidentally affecting UCH” (i.e. impacts on UCH arising from, for example, marine development or natural resource exploitation) are a secondary focus of the Convention, with states parties required to use best practicable means to address such impacts, but no detailed rules being set out in that regard.
In terms of activities directed at UCH, Ireland has long upheld high standards with regard to the protection of UCH and adhered to the Convention within its own jurisdiction as a matter of practice when implementing the existing statutory licensing systems for archaeological excavation and interference with historic wrecks. The protection of archaeological and related heritage has long been integrated into the development control process, and doing so is already a requirement of the State under the 1992 European Convention on the Protection of the Archaeological Heritage (the “Valletta Convention”). Major development and infrastructure projects with potential to impact on UCH are already subject to requirements for Environmental Impact Assessment under EU and national implementing legislation, so the requirement to address the impact of activities incidentally affecting UCH is already addressed in that regard.
For more, see:
https://www.unesco.org/en/underwater-heritage/2001-convention
https://www.irishstatutebook.ie/eli/2023/act/26/enacted/en/html
https://x.com/IRLOECDUNESCO/status/1999409506183233747
Ends
Attached photo free to use without credit.
Caption: Ireland’s Permanent Representative to UNESCO, Ambassador David Bruck, presenting the formal Instruments of Ratification to UNESCO Director-General Director-General of UNESCO, Paris.
