Devon DickBETWEEN June 17-20, Jamaica played host to the first regional UNESCO Americas Conference for the protection of the Underwater Cultural Heritage at which at least 20 countries were needed to ratify the Convention which had 88 countries, including Jamaica, voting for its adoption at the plenary session of the 31st General Conference on November 2, 2001.
Ratification meant that there would be protection of this most valuable and most diverse asset. Article 1 of the UNESCO Convention has defined this asset as 'all traces of human existence which have been partially or totally underwater, periodically or continuously for at least 100 years'. This would include sites, structures, buildings, artefacts and human remains, together with their archaeological and natural context; vessels, aircraft, or other vehicles, their cargo or other contents.
This conference was of paramount importance to Jamaica because of the rich underwater legacy, which modern day pirates will seek to exploit. Jamaica has the famous sunken 13-acre city of Port Royal, which can reveal much about Jamaica, England and Spain. Beneath the surface is a glorious record of humanity and we have just begun to scratch the surface. In addition, there are the Spanish vessels off the Seville coast, the 500 ships in the Kingston Harbour and the sunken city off the Savanna -La-Mar coast. Jamaica has the most diverse underwater culture in the world and it was not surprising that the government through the Honourable Burchell Whiteman ratified the Convention. This might need the approval of the Cabinet and Parliament but it should be smooth sailing because Jamaica has to protect itself. In 1983, Jamaica deposited instruments of acceptance for the Convention Concerning the Protection of the World Cultural and Natural Heritage and between 1998 and 2001, Jamaica has actively participated in discussions on the proposed UNESCO Convention.
This was not therefore a talk shop conference but a meaningful one as was emphasised by Mounir Bouchenaki, Assistant Director General for Culture, UNESCO and Helene-Marie Gosselin, Director, UNESCO Office for the Caribbean. The results of this conference will affect our trade laws, the international trade in artefacts and also real estate laws. This is going to be a long process but a necessary one. These laws are coming after the fact similar to what is happening to environment laws. Jamaica needs to change the laws that would give teeth to protecting the underwater heritage.
There are some who would claim that it was hypocritical of Jamaica to ratify the Convention because it has granted a licence to Admiralty Corporation and the licence has been further extended for three years to explore the underwater of Port Royal. In fact, three years ago members of the Jamaica National Heritage Trust (JNHT) including chairman Ainsley Henriques and Mr. Deryck Roberts resigned from the JNHT as a protest against the exploration of the underwater by anyone else but the government of Jamaica on behalf of the people of Jamaica.
The government stated that it does not have the financial resources to exploit the underwater cultural heritage and so has to be in partnership with private sector entities. This would also be a means of protecting the heritage from bounty hunters. Interestingly it appears that even Admiralty might be having problems finding the capital to start the job. Jamaica does not have the technology but hopefully if Admiralty is successful then there can be a transfer of technology. In the meantime, the JNHT has been in dialogue with Admiralty Corporation to ensure that the conditionalities of the Licence are observed.
It was therefore a good move on the part of the Minister of Education and Culture to establish a permanent desk at the JNHT which will be the competent authority to handle matters related to the protection of the Underwater Cultural Heritage and the creation of a national inventory and the training of archaeologists especially in the area of marine archaeology. At present, we have only one marine archaeologist in Dorrick Gray of the JNHT.
Fortunately, UNESCO is very understanding of the peculiarities of each member state and is willing to help each nation to reach the desirable goal in the protection of this cultural heritage. They respect existing licences and laws as countries move towards protection of the underwater cultural heritage.
Furthermore, this Convention gives protection from other countries that might want to lay claim to the wealth on the floor of the sea. Already the Spanish government has expressed interest in the ships off the coast of Seville. Fortunately the Convention makes it clear as to who owns the Underwater Cultural Heritage by stating that ownership is dependent on its location not its origin. Underwater Cultural Heritage located in a State's territorial, internal or archipelagic waters is the property of the state. However, Jamaica would have to inform Spain because they have a verifiable cultural, historic and archaeological link to these vessels.
Ratification of the Convention was a step in the right direction and the citizens must support the protection of this important heritage.
The Rev Devon Dick is pastor of the Boulevard Baptist Church.
