Over three centuries ago, the Spanish galleon San José, built in 1698 in Aginaga, Guipúzcoa, sank in Colombian waters. It is estimated that the ship was carrying a treasure worth $20 billion in gold coins and other metals, sparking a conflict of interest involving Colombia, Spain, indigenous nations of Latin America, and a treasure hunting company.
Concerning the latter, it is a salvage consortium from the United States called Glocca Morra, a predecessor company of Sea Searcha Armada. In 1981, it claimed to have located the San José ship, according to Marine Industry News. The company stated at the time that it would provide the coordinates of the ship to Colombian authorities in exchange for “half of the treasure” once it was finally recovered from the depths.
However, as expected, there are now disputes over who should claim the reward. Some have argued that Glocca Morra did not locate the ship, and the Colombian government claims it found the galleon “independently” with a team of divers in 2015, in a different location that remains secret. Juan Manuel Santos, then President of Colombia, said the discovery “constitutes one of the greatest findings of submerged heritage in human history.”
Glocca Morra, now Sea Searcha Armada, argues that they found the ship and, in an arbitration case underway in London, claims that Colombia owes them $10 million. In this context, the treasure is also contested by Spain and the indigenous nation of Qhara Qhara from Bolivia, who claim that the Spaniards “forced” their community members to extract the metals used in the treasure.
Investigation Hindering The Exploration of the Shipwreck
In recent weeks, with the advantage that the wreck is close to Colombia, the Latin American country announced that the rescue operations for the ship will begin this April. However, an investigation has arisen against a former Colombian leader who has also shown interest in the ship, for alleged “looting” of the vessel. This legal milestone could halt the dream of keeping the gemstones on American soil.
In this context, and as explained by EFE, the Investigation and Accusation Commission of the House of Representatives opened an investigation against former Colombian President Juan Manuel Santos for the alleged “intrusion” and “plunder” of the archaeological context of the Spanish galleon San José, sunk in 1708 off the coast of Cartagena de Indias and found in 2015.
According to the agency, the commission will open a “preliminary investigation against Juan Manuel Santos Calderón” based on a complaint filed in 2021 by historian Francisco Hernando Muñoz for the alleged intrusion and plunder “of the archaeological context of the wreckage of the galleon San José.” For that reason, the commission scheduled a hearing for April 18 for “expansion and ratification” of the complaint, reopening the debate and legal struggle over the ownership of the galleon.
Spain’s Rights and Underwater Heritage
It seems that when we mention Spanish galleons, it is assumed that they belong completely to Spain. This is how our country has referred to the discovery of the San José galleon.
In 2015, with the announcement of the discovery of the wreck, the former Secretary of State for Culture, José María Lasalle, expressed himself. “The Spanish government will request precise information regarding the application of its legislation that justifies the intervention on a Spanish wreck,” the secretary said.
“We are analyzing what actions can be taken in defense of what we understand is underwater heritage and regarding UNESCO conventions to which our country has been committed for many years,” Lasalle stated.
However, the former Minister of Foreign Affairs of Spain at the time, José Manuel García-Margallo, went further and stated that “the San José galleon is a State ship.” “It is a State, warship, and not private ships, so there is a state ownership wherever the ship’s flag is registered,” García-Margallo expressed.
“It is not a matter of determining in a judgment who is the rightful owner of the underwater heritage found because, according to the principle of sovereign immunity, as long as a State does not explicitly abandon its public underwater heritage, it will remain its owner,” Spanish lawyer Carlos Pérez Vaquero told the BBC.
In the latest statements made in 2019 about this historical item, the government reiterated the well-known Spanish position that defends that, according to the internationally accepted common law of all nations, the “San José” was a State ship, its remains are considered a “submarine tomb,” and cannot be the subject of commercial exploitation.
