Colombia and Spain Dispute Over the San Jose Galleon Shipwreck

As Colombia is planning to begin operations to recover the treasure of the San Jose Galleon, the country still needs to resolve its dispute with Spain over the matter.

Given that the San Jose Galleon was a possession of the Spanish Empire, Spain is asserting its rights over the treasure, claiming to be its legal owner. For now, the dispute has remained diplomatic, but any further progress in the exploration of the shipwreck could provoke a judicial response from Spain.

Colombia and Spain diplomatic dispute

The diplomatic tension between the two countries dates back to 2015, when the shipwreck was discovered. At the time, Colombia’s president Manuel Santos emphasized that the galleon was part of Colombia’s cultural heritage, while the Spanish government asserted Spain’s right to ownership over the shipwreck, declaring it a “State Vessel”.

Moreover, Spain’s position significantly insists on the fact that nearly 600 Spanish sailors perished on the vessel, which gives the San Jose galleon a highly symbolic and cultural importance.

In terms of legality, Spain cites the UNESCO Convention on the Protection of the Underwater Cultural Heritage to support its claim of ownership over the galleon, underlining that the ship was part of the Spanish Armada. However, this convention has not been signed by Colombia. Indeed, Colombia only refers to its 2013 Underwater Cultural Heritage Protection law, which grants it the rights to freely dispose of the shipwreck.

On February 23, 2024, the Spanish ambassador to Colombia announced Spain’s willingness to seek a bilateral agreement to solve the contentious issue, notably to conduct joint investigations on the shipwreck.

Various contenders for the treasure

Spain is not the only party with claims over the lost galleon. In fact, the Bolivian Qhara Qhara indigenous community has also asserted its rights to the shipwreck’s treasure, arguing that the gold and silver aboard the galleon were extracted from the Potosi mines.

Additionally, Colombia is in a international judicial dispute with the Sea Search Armada organization, formerly known as Glocca Morra Company, which claims to have discovered the shipwreck first, back in 1982. This case is currently being studied by the Permanent Court of International Justice, with Sea Search Armada claiming no less than half of the treasure’s value.

The stakes are indeed high. It is estimated that the galleon’s shipwreck holds around 200 tons of gold, silver and precious jewels, valued at an estimated $20 billion.