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Ministers' Deputies Draft reply
Background
Recommendation 1486 (2000) on “Maritime and fluvial cultural heritage” was adopted by the Standing Committee, acting on behalf of the Parliamentary Assembly, on 9 November 2000. It was considered by the Deputies at their 730th meeting (22 November 2000, item 3.1) who decided to bring it to the attention of their Governments and assigned ad hoc terms of reference to the Cultural Heritage Committee (CC-PAT), asking it to give its opinion on the Recommendation.
The Bureau of the CC-PAT adopted its opinion at its meeting on 9 May 2001 (see Appendix to the draft reply). The draft reply below is based on this opinion.
About the Recommendation
In this Recommendation the Assembly stresses the significance of the sea and inland waterways as routes of cultural transmission and exchange in the development of Europe and its contacts with the world. Recent technological advances in deep-sea diving now render vulnerable many well-preserved wrecks in international waters that were previously inaccessible. There is also a threat to the maritime and fluvial heritage from irresponsible exploitation of the oceans and commercial and industrial operations in inland waters, on the coasts and in inland waterways.
The Assembly sees the need for co-ordination, co-operation and the encouragement of networks of experts and non-governmental bodies in the related fields of underwater archaeology, shipping, maritime museums, scientific laboratories , etc.
Opinion of the CC-PAT
The CC-PAT has welcomed the comprehensive and integrated approach of this Recommendation to water-related heritage, but notes, however, that interpretations of international law prevent some member states from applying the Recommendation insofar as it applies to heritage under the sea. It recalls that a draft Convention on underwater cultural heritage prepared under the auspices of the Council of Europe was not opened to signature. A new draft Convention is currently being drafted under the auspices of UNESCO. The CC-PAT suggests that the member states play a positive role in the preparatory work of this new convention.
DRAFT DECISION
759th meeting – 4 July 2001
Item 7.3
Maritime
and fluvial cultural Heritage (Recommendation 1486 (2000))
Decision
The Deputies
1. took note of the CC-PAT opinion on Parliamentary Assembly Recommendation 1486 (2000) on “Maritime and fluvial cultural heritage”, as it appears in the Appendix to the [draft] reply to this Recommendation;
2. in this context, invited the Governments of member states to play a positive role in preparing and adopting the new UNESCO Convention on maritime and fluvial heritage;
3. adopted the following reply to Parliamentary Assembly Recommendation 1486 (2000) on “Maritime and fluvial cultural heritage”:
“The Committee of Ministers has considered Recommendation 1486 (2000) on “Maritime and fluvial cultural heritage” and decided to bring it to the attention of their Governments. It recognises the great potential of the maritime and fluvial heritage. However, interpretations of international law prevent some member states from applying the Recommendation, insofar as it applies to heritage under the sea. Such complex legal issues, relating to the law of the sea, have prevented a draft Convention on underwater cultural heritage, prepared under the auspices of the Council of Europe, from being opened for signature.
Nonetheless, a new Convention is currently being drafted under the auspices of UNESCO, whose government experts are to be convened for their 4th meeting from 2 to 7 July 2001. The draft Convention should be adopted during the UNESCO 2001 general conference.
The Committee of Ministers has invited its member states to play a positive role in preparing and adopting this Convention.”
Appendix to the reply
Opinion of the Cultural Heritage Committee (CC-PAT) on Recommendation 1486 (2000) on “Maritime and fluvial cultural heritage” of the Parliamentary Assembly (adopted by the Bureau of the CC-PAT on 9 May 2001)
The CC-PAT
- congratulates the Parliamentary Assembly on drafting and adopting this text, which was a most useful contribution to the Campaign “Europe: A Common Heritage”;
- notes that they raise matters important to all member states, and illustrate aspects of the issues of standard-setting, identification, conservation, management and promotion common to the cultural heritage as a whole;
- wishes to develop co-operation with the Parliamentary Assembly in the field of cultural heritage, especially in the field of standard setting and, if possible, at the early stage in preparation of reference texts;
- proposes that the European Heritage Network (HEREIN) be utilised as a means of disseminating case studies and exchanging good practice in these fields;
- recommends that they be drawn to the attention of the CLRAE, given their emphasis on the importance of the role of local and regional, as well as national, authorities;
- supports the Recommendations of the Parliamentary Assembly subject to the following specific observations:
The CC-PAT
- welcomes the comprehensive and integrated approach to water-related heritage represented by this Recommendation, which might be reflected in a more comprehensive title;
- recognises the great potential of the maritime and fluvial heritage, for example in urban renewal and regeneration, and in sustaining regional traditions;
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notes, however, that interpretations
of international law prevent some member states from applying the
Recommendation insofar as it applies to heritage under the sea; - recalled that a draft convention on underwater cultural heritage prepared under the auspices of the Council of Europe was not opened to signature because of such complex legal issues relating to the law of the sea;
- notes that a new Convention is currently being drafted under the auspices of UNESCO[1] with a view of adopting the text during the 2001 general conference;
- therefore, strongly urges member states to play a positive role in preparing and adopting that Convention.
[1] The 4th meeting of government experts will be reconvened from 2 to 7 July 2001 |