The Protection, Preservation and Repatriation of Marine and Underwater Cultural Heritage: Lessons and Opportunities for Africa

Abstract

Marine and Underwater Cultural Heritage (MUCH) is potentially an integral part of the cultural heritage of humanity. Protecting MUCH is, therefore, crucial for preserving and enriching one’s understanding of history and safeguarding knowledge for future generations. However, despite the existence of international legal frameworks, namely the Law of the Sea (UNCLOS), and UNESCO’s Convention on the Protection of Underwater Cultural Heritage (CPUCH), there remain several challenges surrounding the preservation and ownership of marine and underwater cultural heritage sites and artefacts. This article argues that issues related to the ownership and management of MUCH remain highly contested, particularly in the context of the evolving dynamics between European and African countries. It frames MUCH as a ‘frontier’ which manifests in three dimensions: a spatial frontier reflecting emerging disputes over marine resource management; a knowledge frontier highlighting the role of maritime archaeology and an ocean governance frontier influencing international legislation and economic activities. By critically evaluating the international legal regimes’ responses to MUCH, this article underscores the importance of African involvement in safeguarding its own underwater cultural heritage.