 Archaeology News : IfA - HMS Victory; further update |
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| Posted by ifa-admin on 12/2/2009 9:11:52 (1458 reads) | |||
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HMS Victory further update Further to the bulletin posted on the 5th February, the IfA welcomes • the statement that the Ministry of Defence regards the agreement entered with regard to HMS Sussex as a ‘stand-alone’ agreement and does not regard it as creating a precedent for the handling of other historic wrecks • the statement by the Department for Culture Media and Sport that English Heritage is to assess the wreck. We look forward to the prompt publication of that report and would find it helpful, should the wreck prove to be that of HMS Victory (or any other vessel of historic interest) for government to confirm that it will be dealt within accordance to the Annex to the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage. We would also urge government, in handling this matter, to ensure, as far as is possible, that its expectations of commercial salvors are consistent with those it has of sports divers (who are enjoined fully to respect our common maritime heritage). The following is a statement issued by the IfA’s Maritime Affairs Group (MAG) in relation to this matter “Due to the recent press coverage of the discovery of HMS Victory and the stated intention to recover these remains by Odyssey Marine Exploration, MAG provides the following position statement in relation to the commercial excavation of shipwrecks and the application of this regarding this recent case. The IfA is a professional institute for the study and care of the historic environment. It promotes professional standards and ethics for conserving, managing, understanding and promoting enjoyment of the heritage. The IfA’s Maritime Affairs Group (MAG), to which most professional maritime archaeologists belong, exists to • advance the practice of maritime archaeology by promoting professional standards for the management, conservation, understanding and enjoyment of the maritime archaeological resource • provide advice and commentary to the IfA on matters relating to maritime archaeology • aid in the development of professional guidelines and standards for the execution of maritime archaeological work • promote the training of archaeologists and others in maritime archaeological practice • facilitate the exchange of information and ideas about maritime archaeological and to communicate these to the wider profession The MAG position is that historic wrecks in any waters are important and non-renewable resources and, as such, should be left in situ, unless they are under severe threat, in which case systematic archaeological research with a clear project design should be undertaken. The results of such research and any excavation of material remains should be deposited within a publicly accessible museum or archive to ensure their long-term preservation, availability for enjoyment by members of the public, study and reinterpretation by researchers, and access for children and educational programmes. Commercial salvage, which relies on the sale and dispersal of shipwreck artefacts and archive material with the motivation to profit from such activity, is not within recognised best archaeological practice. MAG considers such commercial practice unacceptable. The MAG position is therefore in line with the British government statement with regards to the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage. On 24 November 2008, Barbara Follett (Minister for Culture, Creative Industries & Tourism) stated that the Government's maritime heritage policy recognises the 2001 UNESCO Convention Annex as best practice for underwater archaeology and have advocated adherence to the principles of this Annex which are compatible with existing UK legislation. This approach has recently been displayed by the UK Government where DCMS references the Annex to the UNESCO Convention in the issuing of Licences for investigations on sites designated under Section 1 of the Protection of Wrecks Act 1973. The UNESCO Convention on the Protection of the Underwater Cultural Heritage can be found at: http://portal.unesco.org/en/ev.php-URL_ID=13520&URL_DO=DO_TOPIC&URL_SECTION=201.html Of particular note are rules 2 and 9 of the annex. Rule 2 states that ‘The commercial exploitation of underwater cultural heritage for trade or speculation or its irretrievable dispersal is fundamentally incompatible with the protection and proper management of underwater cultural heritage. Underwater cultural heritage shall not be traded, sold, bought or bartered as commercial goods.’ Rule 9 of the Annex requires that ‘Prior to any activity directed at underwater cultural heritage, a project design for the activity shall be developed and submitted to the competent authorities for authorization and appropriate peer review’. It is therefore crucial that the rules stated in the UNESCO Convention Annex are followed in the case of HMS Victory. HMS Victory as a warship is a sovereign immune vessel in international law. It is therefore exempt from salvage services unless the Flag State consents to such services . In the case of HMS Victory, salvage cannot occur unless the UK consents to such salvage taking place. This work therefore can be stopped merely by the UK declining to give such consent.” |
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