Case Law

The World Heritage Committee,

1. Having examined Document WHC/17/41.COM/7A,
2. Recalling Decision 40 COM 7A.45, adopted at its 40th session (Istanbul/UNESCO, 2016),
3. Regrets that the report on the state of conservation of the property submitted by the State Party did not adequately address the Committee’s requests;
4. Reiterates its request to the State Party to accelerate the recruitment of forestry agents, and ensure adequate funding of the Management Unit to better control the exploitation of the natural resources within the property;
5. Also reiterates its request to the State Party to provide detailed information and data on poaching and timber harvesting within the property and its vicinity, as well as the actions taken to combat these threats;
6. Appreciates the State Party’s efforts to improve surveillance and ecological monitoring within the property through local community engagement, but urges the State Party to develop a Surveillance Plan and a Management Plan for the property as a matter of priority, and submit copies of both to the World Heritage Centre, for review by IUCN;
7. Notes with concern the spread of the invasive plant species, Prosopis juliflora, across the property, and requests the State Party, in consultation with IUCN’s Species Survival Commission Invasive Species Specialist Group, to design and implement an eradication plan for the species;
8. Also requests the State Party to monitor the trend of the key species that contribute to the Outstanding Universal Value (OUV) of the property and submit to the World Heritage Centre the results for each species in order to demonstrate their trends;
9. Noting with concern that there is inadequate support for the captive breeding of North African red-necked ostrich, further requests the State Party to secure necessary funding for the effective operation of the captive breeding centres and closely collaborate with other neighbouring States Parties to develop and implement a regional action plan for the conservation of this species, and encourages the State Party to seek the support of the IUCN Species Survival Commission Conservation Breeding Specialist Group;
10. Requests furthermore the State Party to provide details of the camera trap survey including how it will contribute towards improving the monitoring and surveillance of the property, and submit its findings to the World Heritage Centre for review by IUCN once they are available;
11. Requests moreover the State Party to provide an update on the current status of gold mining in the region of Agadez as well as any other areas outside of the property that has the potential to impact on the OUV of the property;
12. Further reiterates its request to the State Party to implement all of the recommendations of the 2015 IUCN reactive monitoring mission as well as an action plan on the corrective measures defined in consultation with the State Party during the mission;
13. Urgently reiterates its requests to the State Party to carry out the necessary studies with a view to preparing a Desired state of conservation for the removal of the property from the List of World Heritage in Danger (DSOCR) and to submit the draft DSOCR to the World Heritage Centre by 1 February 2018, for examination by the Committee at its 42nd session in 2018;
14. Finally requests the State Party to submit to the World Heritage Centre, by 1 February 2018, an updated report on the state of conservation of the property and the implementation of the corrective measures and the above points, for examination by the World Heritage Committee at its 42nd session in 2018;
15. Decides to retain Aïr and Ténéré Natural Reserves (Niger) on the List of World Heritage in Danger.

The World Heritage Committee,

1. Having examined Document WHC/16/40.COM/7B,
2. Recalling Decision 38 COM 7B.31, adopted at its 38th session (Doha, 2014),
3. Welcomes the information regarding the ongoing cooperation on the ground between Iguazú National Park (Argentina) and the contiguous Iguaçu National Park (Brazil);
4. Also welcomes the signature of the letter of intent between Administración de Parques Nacionales de Argentina, ICMBio, the Iguaçu National Park in Brazil and the Iguazú National Park in Argentina, on 7 June 2016, that confirmed the resolve of the parties to strengthen their collaborative efforts and to examine modalities of improving cooperation between the two National Parks;
5. Noting that within the legal and institutional systems in each country, options for a formal high-level agreement might be limited, requests the States Parties of Argentina and Brazil to develop a roadmap for formalizing transboundary cooperation, including options for formal agreements at different levels and other mechanisms, and to submit it, by 1 December 2017, to the World Heritage Centre;
6. Encourages the State Party to continue its efforts to monitor key species and to increase its cooperation in this regard with the State Party of Brazil;
7. Notes with concern the information provided by the State Party regarding the extension of the National Route 101 and also requests the State Party to submit to the World Heritage Centre, for review by IUCN, detailed information on this project, and to ensure that activities associated with the road extension are not permitted to proceed until an Environmental Impact Assessment (EIA) has been undertaken, including an assessment of the impacts on the Outstanding Universal Value (OUV) of the property and the OUV of the contiguous property of Iguaçu National Park in Brazil, in accordance with IUCN’s World Heritage Advice Note on Environmental Assessment, and has been reviewed by the World Heritage Centre and IUCN;
8. Further requests the State Party to submit to the World Heritage Centre, by 1 December 2017, an updated report on the state of conservation of the property and the implementation of the above, for examination by the World Heritage Committee at its 42nd session in 2018.

The World Heritage Committee,

1. Having examined Document WHC/16/40.COM/7B,
2. Recalling Decision 38 COM 7B.82, adopted at its 38th session (Doha, 2014),
3. Welcomes the information provided by the State Party that cooperation on the ground between Iguaçu National Park and the contiguous Iguazú National Park in Argentina has been ongoing;
4. Also welcomes the signature of the letter of intent between Administración de Parques Nacionales de Argentina, ICMBio, the Iguaçu National Park in Brazil and the Iguazú National Park in Argentina, on 7 June 2016, that confirmed the resolve of the parties to strengthen their collaborative efforts and to examine modalities of improving cooperation between the two National Parks;
5. Further welcomes the confirmation that the management plan for the property is currently being revised and requests the State Party to submit to the World Heritage Centre, for review by IUCN, an electronic and three printed copies of the revised management plan;
6. Notes with appreciation that the Colono Road remains closed, that the approval in the Senate of Bill 61/2013, which would provide a legal basis for the reopening of the road, is considered unlikely and that, in case any Bill regarding the reopening of the road is positively voted on by the Senate, it can be still vetoed by the President of the Republic;
7. Recalling that the illegal opening of the road in 1997 led the Committee to inscribe the property on the List of World Heritage in Danger, notes the conclusions of the 2015 IUCN Reactive Monitoring mission that the reopening of the Colono Road would represent a clear ascertained danger to the Outstanding Universal Value (OUV) and the integrity of the property, and considers that the situation where Bill 61/2013 remains pending continues to represent a potential threat to the property;
8. Urges the State Party to ensure that the proposed Bill 61/2013 is not approved, and also considers that failure to resolve this issue could create conditions to re-inscribe the property on the List of World Heritage in Danger, in line with Paragraph 180 of the Operational Guidelines;
9. Noting that progress has been made by the State Party on the implementation of some of the 2015 mission recommendations, also requests the State Party to ensure that the construction of the Baixo Iguaçu hydropower dam complies with all recommendations of the 2015 mission with regards to this project, in particular:
   1. In addition to the existing Environmental Impact Assessment (EIA), develop a specific assessment of any potential impacts of the construction and operation of the Baixo Iguaçu hydropower plant specifically on the OUV and integrity of the property,
   2. Ensure that ICMBio has the opportunity to review this assessment and undertake appropriate coordination with the relevant Argentinian authorities, in order to confirm whether ICMBio would still give its authorization for the construction of the dam and/or whether the conditions it has already elaborated should be further amended or completed based on the results of the assessment,
   3. Ensure that further development of the project does not proceed prior to a copy of the specific assessment and the conclusions of ICMBio having been submitted to the World Heritage Centre, for review by IUCN,
   4. In case authorization is given by ICMBio, ensure that the conditions it sets are duly fulfilled before the construction of the dam proceeds, and submit to the World Heritage Centre, for review by IUCN, the conclusions of ICMBio on the degree to which the conditions have been fulfilled;
10. Calls upon and encourages the State Party to continue its efforts in the field of key species monitoring and to increase its cooperation in this regard with the State Party of Argentina;
11. Further requests the State Party to submit to the World Heritage Centre, by 1 December 2017, an updated report on the state of conservation of the property and the implementation of the above, for examination by the World Heritage Committee at its 42nd session in 2018.

The World Heritage Committee

1. Having examined Document WHC-14/38.COM/7B.Add,
2. Recalling Decision 37 COM 7B.5, adopted at its 37th session (Phnom Penh, 2013),
3. Reiterates its concern over oil exploration activities throughout the lake, noting that an accidental spill would pose a potentially severe risk to the integrity of the entire lake ecosystem including the aquatic zone and shoreline of the property
4. Notes that an Environmental and Social Impact Assessment (ESIA) for oil exploration in the northern part of the lake is being carried out, and requests the State Party to ensure that this ESIA includes a specific assessment of potential impacts of oil exploration and subsequent exploitation on the Outstanding Universal Value (OUV) of the property, in conformity with IUCN’s World Heritage Advice Note on Environmental Assessment;
5. Urges the State Party to cancel the oil exploitation permit which overlaps with the property and reiterates its position that oil, gas and mineral exploration and exploitation are incompatible with World Heritage status;
6. Calls on Surestream and RAKGAS, who have been awarded oil exploration concessions on the lake, to make a commitment to not exploit nor explore for oil or gas in World Heritage properties;
7. Also requests the State Party of Malawi to implement all the recommendations of the 2014 joint UNESCO/IUCN reactive monitoring mission:
   1. Demarcate the boundary of the outer limits of the aquatic zone of the property with floating buoys,
   2. Deploy patrol boats, other equipment and personnel to ensure enforcement of fishing restrictions and other measures aimed at protecting the OUV of the property,
   3. Design and implement an effective monitoring protocol to provide a basis for assessing changes in fish diversity and populations, other fauna, water quality and management parameters that could be used in adapting management interventions for better protection of the property’s OUV,
   4. Closely engage with communities in the village enclaves and in the periphery of the property to develop suitable resource management programmes,
   5. Promote low-impact eco-tourism ventures that comply with appropriate environmental and social impact standards;
8. Also urges the State Party to revise the 2007-2011 management plan for the property, provide an electronic and three printed copies for review by the World Heritage Centre and IUCN as soon as it is available and to ensure that the revised management plan includes provisions for the implementation of the above-mentioned mission recommendations;
9. Encourages the States Parties of Malawi, Mozambique and Tanzania to collaborate in identifying important localities for the protection of endemic fish and evolutionary processes with a view to incorporating such areas into an extended trans-national serial property, in cooperation with international conservation non-governmental organizations and scientific experts;
10. Further requests the State Party to submit to the World Heritage Centre, by 1 December 2015, an updated report, including a 1-page executive summary, on the state of conservation of the property and the implementation of the above, for examination by the World Heritage Committee at its 40th session in 2016.

The World Heritage Committee,

1. Having examined Document WHC-13/37.COM/7B,

2. Recalling Decision 34 COM 7B.10 , adopted at its 34th session (Brasilia, 2010),

3. Expresses its satisfaction about the preliminary results of the Macquarie Island Pest Eradication Plan which show that no rodents have been detected since June 2011, that the vegetation has been re-established and that seabirds returned to breed in previously affected areas and notes the on-going efforts of the State Party to implement measures to mitigate the dieback of the Macquarie Cushion Plant, and to limit impacts of long-line fishing within and outside the Australian Exclusive Economic Zone around Macquarie Island;

4. Welcomes the commitment of the State Party to continue to monitor the results of the Macquarie Island Pest Eradication Plan and requests the State Party to include the monitoring of outcomes to confirm the continued recovery of the property’s vegetation and ecosystems;

5. Also r equests the State Party to keep the World Heritage Centre informed on the progress made in implementing the above recommendations.