Charters and Conventions
List of charters and conventions related to heritage protection and management
The Faro Convention (2005)
Description:
The Faro Convention, formally the Council of Europe Framework Convention on the Value of Cultural Heritage for Society (2005), emphasizes the social and human dimensions of cultural heritage. It recognizes that heritage is not only about preservation but also about people’s right to engage with, interpret, and benefit from it. The Convention promotes heritage as a resource for sustainable development, democracy, and cultural diversity.
Relationship to Underwater cultural heritage:
The Faro Convention relates to Underwater Cultural Heritage (UCH) by highlighting the importance of public access, participation, and shared responsibility in preserving heritage, including sites beneath the sea. It complements legal instruments like the UNESCO 2001 Convention by emphasizing the social value and community engagement aspects of UCH.
The 2001 UNESCO Convention on the protection of the underwater cultural heritage
Description:
The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage is the primary international instrument dedicated to safeguarding submerged archaeological sites, shipwrecks, and artifacts. It establishes legal and ethical standards for research, protection, and responsible management of UCH, emphasizing in situ preservation and international cooperation.
Relationship to Underwater cultural heritage:
The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage is directly focused on safeguarding UCH as an integral part of humanity’s cultural legacy. It provides a comprehensive legal framework that promotes the preservation of underwater sites in situ, encourages scientific research and responsible access, and seeks to prevent the commercial exploitation and looting of submerged heritage. The Convention fosters international cooperation and sets ethical and technical standards to ensure that underwater heritage is protected for the benefit of all humankind.
1996 ICOMOS Charter on the Protection and Management of Underwater Cultural Heritage
Description:
The new Charter on the Protection and Management of Underwater Cultural Heritage developed by ICUCH was ratified in October of 1996 at the 11th General Assembly of ICOMOS in Sofia, Bulgaria. Inspired by the 1990 Charter, it addresses the specific realities and challenges of underwater cultural heritage. In this 1996 Charter, underwater cultural heritage is defined as “the archaeological heritage which is in, or has been removed from, an underwater environment”, referring to the definition for archaeological heritage in the 1990 Charter. This charter then became the foundation for the Annex Rules of the 2001 UNESCO Convention for the Protection of Underwater Cultural Heritage which are considered by all as the statement of best practices in the discipline of underwater archaeology.
Relationship to Underwater cultural heritage:
The 1996 Charter presents the best practices to be adopted for the practice of underwater archaeology when dealing with submerged heritage and covers all relevant aspects including project designs, funding, schedules, research parameters, qualifications, documentation, conservation, site management, reporting and dissemination.
1990 ICOMOS Charter for the Protection and Management for the Archaeological Heritage
Description:
The ICOMOS Charter for the Protection and Management for the Archaeological Heritage was prepared by the International Committee for the Management of Archaeological Heritage (ICAHM) and approved by the 9th General Assembly of ICOMOS in Lausanne in 1990. The Charter presents the principals and standards for the various sectors of archaeology including the protection policies, legislation, survey and investigation, maintenance and conservation, professional qualifications, and international co-operation.
Relationship to Underwater cultural heritage:
Although it does mention sites that are found underwater, ICOMOS recognized that a supplemental Charter was necessary considering the specificities and challenges of those sites This was developed through its International Committee on Underwater Heritage (ICOMOS-ICUCH) and ratified in 1996 in Sofia.
UCH at 1982 United Nations Convention on the Law of the Sea, UNCLOS
Description:
UNCLOS refers to archaeological and historical objects found beneath the sea, including shipwrecks, submerged settlements, and artifacts. UNCLOS acknowledges such heritage as part of the seabed’s natural and cultural environment but provides only limited protection, primarily through provisions on objects of an archaeological and historical nature in Articles 149 and 303.
Relationship to Underwater cultural heritage:
UNCLOS does not explicitly define Underwater Cultural Heritage (UCH), which it refers to merely as “archaeological and historical objects.” Such a definition cannot be inferred from the text either. What does seem clear is that UCH was deliberately excluded, from an early stage, from the category of “natural resources” as used in UNCLOS. The regime has been described, with some justification, as contradictory and counterproductive.
Convention on the Illicit Trade in Cultural Property (UNESCO 1970)
Description:
Adopted in 1970, this Convention establishes measures to prevent and prohibit the illicit import, export, and transfer of ownership of cultural property. It promotes international cooperation, encourages documentation and inventory of collections, and obliges States Parties to take action against illegal trafficking, including restitution procedures.
Relationship to Underwater Cultural Heritage:
Although not specific to underwater contexts, the Convention is highly relevant to UCH. Illegally recovered underwater artefacts are often trafficked through international markets. By requiring States Parties to regulate export certificates, strengthen customs controls, and return illicitly exported objects, the Convention provides an important framework to prevent the looting and commercialisation of underwater finds.
1964 Venice charter for the conservation and restoration of monuments and sites
Description:
The 1964 International Charter for the Conservation and Restoration of Monuments and Sites (Venice Charter 1964), adopted by ICOMOS in 1965, built on the foundational 1931 Athens Charter for the Restoration of Historic Monuments (Athens Charter 1931). The Venice Charter 1964 introduced key principles for heritage preservation, mainly focusing on built heritage but including reference to excavation standards in Articles 15 and 16.
Relationship to Underwater cultural heritage:
Articles 1 and 5 of the Venice Charter 1964, further defined principle 7 of the Athens Charter 1931, in regard to recognising and protecting the area around monuments, thus further recognising the importance of protecting and managing sites within their urban or rural landscape. The Charter also promoted conservation practices including: restoration based on research and archival evidence; making protected site’s socially useful; respect for the original material in the restoration process; and use of traditional construction techniques where possible amongst other key values. The Charter’s principles provided a foundation for subsequent charters and guidelines in the fields of heritage, including archaeology.
Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954)
Description:
The 1954 Hague Convention is the first international treaty dedicated exclusively to the protection of cultural property during armed conflict. It establishes rules to safeguard and respect cultural heritage, prohibits its destruction or misappropriation, and introduces the distinctive Blue Shield emblem to mark protected sites. The Convention is complemented by two Protocols (1954 and 1999), strengthening provisions on prevention, military use, and return of illicitly exported cultural property.
Relationship to Underwater Cultural Heritage:
The Convention also applies to underwater cultural heritage, particularly shipwrecks and submerged sites affected by armed conflict. Naval warfare, military training, and the presence of sunken warships highlight the vulnerability of UCH to both deliberate and incidental damage. By extending the Convention’s principles to submerged environments, underwater sites are recognised as cultural property requiring respect and protection within the broader framework of international humanitarian law.