Underwater Cultural Heritage at the International Seabed Authority (ISA)
The Ocean Foundation (TOF) has been involved with the conversation on Underwater Cultural Heritage (UCH) at the International Seabed Authority (ISA) since the beginning — TOF’s expertise on physical UCH helped note that the deep sea mining conversation surrounding the implementation of Articles 149 and 303 of the United Nations Convention on the Law of the Sea lacked a much-needed nuance.
Article 149: Archaeological and historical objects
- All objects of an archaeological and historical nature found in the Area shall be preserved or disposed of for the benefit of mankind as a whole, particular regard being paid to the preferential rights of the State or country of origin, or the State of cultural origin, or the State of historical and archaeological origin.
Article 303: Archaeological and historical objects found at sea
- This article is without prejudice to other international agreements and rules of international law regarding the protection of objects of an archaeological and historical nature.
- States have the duty to protect objects of an archaeological and historical nature found at sea and shall cooperate for this purpose.
- In order to control traffic in such objects, the coastal State may, in applying article 33, presume that their removal from the seabed in the zone referred to in that article without its approval would result in an infringement within its territory or territorial sea of the laws and regulations referred to in that article.
- Nothing in this article affects the rights of identifiable owners, the law of salvage or other rules of admiralty, or laws and practices with respect to cultural exchanges.
Since the first introduction of UCH into the draft regulations, TOF has remained committed to expanding our own understanding of UCH and uplifting the voices of those who have previously not been able to attend meetings. We applaud and support the efforts of Solomon “Uncle Sol” Kaho‘ohalahala and Ekolu Lindsey III of Hawai’i, Imogen Ingram of the Cook Islands, Hinano and Frank Murphy of French Polynesia, and others for their dedication and commitment to bringing an Indigenous perspective on UCH to the delegates of the ISA. In supporting the health of the ocean and the climate, developing international law based on Indigenous stewardship practices and knowledge is one of the best ways to future-proof the actions we take today.The Ocean Foundation has engaged with small meeting dialogues surrounding UCH at the ISA, submitted papers to the Authority, and has made many comments directly on the floor during regulation debates. Below, you can find a history of these documents and the most recent submissions from the Indigenous voices active at the ISA:
TOF definitions submitted December 2023
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