Case Law

The World Heritage Committee,

1. Having examined Documents WHC-14/38.COM/8B and WHC-14/38.COM/INF.8B1,
2. Defers the examination of the nomination of Tongo-Tangzuk Tallensi Cultural Landscape, Ghana, to the World Heritage List in order to allow the State Party to:
   1. develop, through survey and research, a database of the overall Tallensi cultural landscape and its context in order to allow a fuller understanding of its distinctiveness, structures and challenges,
   2. provide adequate protection to defeat major threats,
   3. put in place management measures to provide a framework within which traditional practices and rituals associated with building, farming, and forestry practices can be supported and encouraged through an appropriate collaborative management system,
   4. enhance capacity building for local committees on earthen architecture which can begin to reverse the decline of the traditional buildings;
3. Considers that such a new nomination would need to encompass a large enough area to provide a sustainable socio-economic unit that might be able to harness the benefits of cultural tourism and promote ways for farmers to add value to their local produce, and would need to cover all aspects of the cultural landscape, not just the shrines;
4. Also considers that any new nomination would need to include an augmented comparative analysis;
5. Further considers that any revised nomination would need to be considered by an expert mission to the site.

The World Heritage Committee,

1. Having examined Documents WHC-14/38.COM/8B and WHC-14/38.COM/INF.8B1,
2. Defers the examination of the nomination of Mount Mulanje Cultural Landscape, Malawi, to the World Heritage List in order to allow the State Party, with the advice of ICOMOS, IUCN and the World Heritage Centre, if requested, to:
   1. Strengthen the justification of criterion (vi) and explore the applicability of criterion (iii) to illustrate in more detail how spiritual traditions as well as traditional management approaches for cultural and natural resources might be said to be of Outstanding Universal Value and illustrate the tangible attributes these are associated to,
   2. Identify in relation to the identified attributes of Outstanding Universal Value the information sources of authenticity,
   3. Augment the comparative analysis, in particular at a regional level, to highlight the specific aspects of cultural guardianship at Mount Mulanje that would demonstrate Outstanding Universal Value;
3. Considers that, if such studies suggest that a robust case could be made to justify the Outstanding Universal Value of the site, then the State Party should also:
   1. Initiate documentation and conservation activities for tangible cultural heritage resources, in particular those subject to regular visitation,
   2. Analyse and describe the traditional management mechanisms and establish closer ties between the three official management agencies and community elders in view of integrating the traditional and spiritual management practices in the overall property management,
   3. Promote a more active role of the Department for Culture in the management of the property, including – if necessary – additional financial resources and training to enable staff to fully commit to this responsibility,
   4. Explore options of extending the buffer zone towards the east,
   5. Prohibit mining activity in the property and carry out an impact study on any new project that may affect the integrity of the site prior to any new nomination;
4. Also considers that any revised nomination would need to be considered by an expert mission to the site;
5. Recommends that the State Party give consideration to the following:
   1. Developing a training program and a system of licensing for local guides to ensure consistent quality standards in guiding services,
   2. Exploring the qualities of Mount Mulanje with regard to natural heritage criteria as initially envisaged in the tentative list entry.

The World Heritage Committee,

1. Having examined Documents WHC-14/38.COM/8B and WHC-14/38.COM/INF.8B1,
2. Defers the examination of the nomination of Khor Dubai (Dubai Creek), United Arab Emirates, to the World Heritage List in order to allow the State Party to:
   1. Reconsider the limits of the nominated property and its buffer zone in relation to the proposed criteria and ongoing urban development plans,
   2. Deepen the urban historic and comparative analysis in order to understand whether the property might be considered of Outstanding Universal Value,
   3. Develop the analysis of the role of Historic Dubai as international trade centre on a natural harbour, and demonstrate the uniqueness and the preservation of the waterway feature and role,
   4. Better explain the uniqueness of the technological elements characteristic of Historic Dubai buildings, particularly the wind-towers,
   5. Reinforce the existing legal and regulatory protection mechanisms for the historic areas and natural elements and prove the effectiveness of the management system to control and direct urban development plans within the property;
3. Recommends the State Party to invite an ICOMOS Advisory Mission.

The World Heritage Committee,

1.  Having examined Documents WHC-13/37.COM/8B and WHC-13/37.COM/INF.8B2;

2.  Refers the examination of the nomination of the Great Himalayan National Park, India, back to the State Partyin order to allow it to:

a)  Finalize the addition of Tirthan and Sainj Wildlife Sanctuaries to the nominated property to create a single area thereby increasing the overall size of the site and improving its integrity and potential to meet World Heritage criteria;

b)  Continue to strengthen the engagement of local communities in participatory governance of the site including the Tirthan and Sainj Wildlife Sanctuaries;

c)  Confirm the outstanding universal value of an enlarged property through further detailed comparative analysis of the values of the site with reference to other sites within the Western Himalayas and, in particular, the Nanda Devi and Valley of the Flowers National Parks World Heritage property;

d)  Consider undertaking a comparative study to fully assess the relative values of the nominated property against other sites in the Himalayas and adjacent mountain regions;

e)  Continue longer term plans to progressively increase the size of the nominated property with the addition of other surrounding protected areas to form an aggregated property that potentially includes the Rupi Bhabha Wildlife Sanctuary, Pin Valley National Park, Khirganga National Park and the Kanawar Wildlife Sanctuary.

The World Heritage Committee,

1. Having examined Documents WHC-13/37.COM/8B, WHC-13/37.COM/INF.8B1 and WHC-13/37.COM/INF.8B2,

2. Defers the examination of the nomination of the Bijagós Archipelago – Motom Moranghajogo, Guinea Bissau, to the World Heritage List to allow the State Party to:

a) Strengthen the legal protection status of the property to ensure that all areas nominated have adequate legal and/or customary protection;

b) Consider modification of the boundaries of areas to be nominated within the overall biosphere reserve to conform to integrity requirements and exclude heavily modified areas that do not contain attributes that contribute to the Outstanding Universal Value of the property. These areas, including the towns of Bolama and Bubaque, could be included in a buffer zone for the property as defined in paragraph 103 of the Operational Guidelines ;

c) Deepen the comparative analysis so as to ascertain whether the property might be considered to have the potential to demonstrate Outstanding Universal Value for cultural criteria;

d) Ensure that an overall management plan/system is established for the nominated site with appropriate institutional and financial means and measures in place, including an overall coordination body for the whole property;

e) Ensure that this management plan/system includes a clear and agreed strategy for sustainable tourism, including appropriate policies, programmes and tourism infrastructure that does not degrade the integrity of the property and its OUV;

f)  Update, detail and strengthen management plans for the existing legally protected areas included within the property in a way that is compatible with the overall management plan/system of the property;

g) Establish effective protection and management measures and activities that minimize the effects of the non-native species, including those considered as invasive, and restore degraded areas where appropriate;

h) Ensure that new shipping routes are not be established through the nominated site;

i)  Ensure that oil exploration and exploitation operations do not take place within the nominated property and that operations outside of the site do not have any significant impact on the nominated site; and

j)  Ensure that human and financial resources are sufficient to maintain the integrity of the property and the long-term preservation of its Outstanding Universal Value; in particular raise sufficient financial resources for the trust fund project (the “Fondation Bioguinée”), and take all measures to ensure that an adequate proportion of this fund is earmarked for the proposed site;

3. Recommends that the State Party move forward plans to designate either the National Parks, or possibly the entire Biosphere Reserve, as a Ramsar site, to strengthen national and local protection and management and international recognition;

4. Commends the State Party and its partner organisations for its committed and innovative work in participatory community management in this important protected area;

5. Considers that the evaluation of any revised nomination would need to include an expert mission to the site;

6. Encourages the State Party, under the principles of the Upstream Process, with the assistance of the World Heritage Centre and the Advisory Bodies, to seek advice on the potential of the site to satisfy cultural criteria and on reframing the nomination for natural criteria to address the concerns above.

The World Heritage Committee,

1.  Having examined Documents WHC-13/37.COM/8B and WHC-13/37.COM/INF.8B1 ,

2.  Refers the nomination of Isandra Zoma , Madagascar , back to the State Party, in order to allow it, with the advice of ICOMOS and the World Heritage Centre, if requested, to:

a)  Complete the comparative analysis at the national level (historic areas of the Betsileo people and of the central highlands), to determine whether the property is the most representative and best preserved in Madagascar and in what way it is outstanding; and complete the comparative analysis at the regional level, notably in Africa,

b)  Review the property boundaries to include its various attributes currently in the buffer zone: tombs, vatolahy, defensive trenches, etc.,

c)  Update the property data with archaeological surveys and regular scientific monitoring,

d)  Implement a conservation plan for the property based on regular monitoring,

e)  Implement a management plan for the property by the overarching management body, which must include a tourism development and management plan, and be able to be incorporated into the local community development plans,

f)   Review and expand the notion of indicators for the property’s monitoring and conservation;

3.  Recommends that the State Party give consideration to the following:

a)  Making the property’s map boundaries identifiable on the ground,

b)  Developing tourism facilities and accommodation involving the local population.

The World Heritage Committee,

1. Having examined Documents WHC-12/36.COM/8B and WHC-12/36.COM/INF.8B1,

2. Refers the nomination of the Russian Kremlins, Russian Federation, back to the State Party in order to allow it to:

a) Develop further, the important theme of Russian Kremlins to the World Heritage List and to strengthen the comparative analysis of the serial nomination of the three components considering the four Russian Kremlins already inscribed on the World Heritage List and other kremlins to be proposed as future extension of the series,

b) Further strengthen the Statement of Outstanding Universal Value for the serial nomination,

c) Elaborate the functioning of the overarching Russian National World Heritage Committee set up to coordinate management across all Kremlin sites;

3. Recommends the State Party to invite a consultative mission by ICOMOS as soon as possible.

The World Heritage Committee,

1. Having examined Documents WHC-11/35.COM/8B, WHC-11/35.COM/INF.8B1 and WHC-11/35.COM/INF.8B2,

2. Defers the examination of the nomination of the Blue and John Crow Mountains National Park, Jamaica, to the World Heritage List under criteria (ix) and (x), to allow the State Party, with the assistance of the World Heritage Centre and IUCN as requested, to consider options for a future revised nomination related to natural criteria in Jamaica;

3. Notes the national and regional biodiversity importance of the nominated property and encourages the State Party to strengthen the management of the site to address threats to its natural values, including agricultural encroachment both for subsistence and commercial purposes, alien invasive species, unregulated non-timber products harvesting, fires and poaching;

4. Encourages the State Party to consider experience elsewhere with environmentally friendly forms of coffee production, including certification schemes and compensation schemes for water provision for industry, drinking water and agriculture;

5. Defers the examination of the nomination of Blue and John Crow Mountains National Park, Jamaica, to the World Heritage List on the basis of cultural criteria in order to allow the State Party to:

a) Deepen the comparative analysis in order to demonstrate the Outstanding Universal Value of the property by examining how, and to what extent, the nominated property bears witness to the associated values in respect to other properties related to other relevant Maroon groups,

b) Revise the nomination dossier so that the values of the property can better present the proposed Justification for inscription and the selected criterion,

c) Modify the boundaries of the nominated property or of the buffer zone to include the cultural resources documented in the additional information, received by ICOMOS on 8 November 2010, as well as those areas with the potential to yield additional information on Maroon culture in future archaeological campaigns,

d) Develop and enforce as soon as possible protective measures, both legal and planning-based, for the cultural heritage of the nominated property,

e) Develop and adequately fund a comprehensive strategy for cultural heritage within the 2011-2016 Management Plan under elaboration, including inventorying, documentation, conservation, maintenance, disaster management, promotion and tourism,

f) Finalize and implement the 2011-2016 Management Plan without delay;

6. Recommends that the State Party gives consideration to criterion (iii) in a revised nomination;

7. Also recommends that the State party give consideration to the following:

a) Involve representatives of the Maroon community in the management framework,

b) Develop training programmes in cultural heritage for the Park rangers, so that they can be involved in the daily protection of cultural resources;

8. Requests the Advisory Bodies and World Heritage Centre to provide support, if required by the State Party, in order to assist it to identify and prioritise Jamaican sites which have the strongest potential for nomination to the World Heritage List, including an assessment of the potential of the Cockpit Country Forest Reserve.

The World Heritage Committee,

 1. Having examined Documents WHC-10/34.COM/8B and WHC-10/34.COM/INF.8B2,

 2. Defers the examination of the nomination of the Tajik National Park (Mountains of the Pamirs), Tajikistan, to the World Heritage List on the basis of criteria (vii), (viii), (ix) and (ix), to allow the State Party to refocus the nomination and address issues related to the integrity, protection and management of the nominated property;

 3. Recommends the State Party to:

 a) Refocus the nomination on the values and features within the Tajik National Park (Mountains of the Pamirs) in relation to criteria (vii) and (viii);

 b) Enhance the global comparative analyses in relation to other World Heritage properties and protected areas, building upon the comparative analysis and thematic studies elaborated by IUCN and the UNEP World Conservation Monitoring Centre and considering requesting IUCN, through its network of experts, to facilitate advice;

 c) Re-consider the design of the boundaries of the nominated property and its buffer zone based on a clear rationale;

 d) Provide a clear commitment and operational plan from the government that ensures effective long term protection and management, including the necessary human and financial resources, of the nominated property;

 e) Further develop and implement a realistic management plan that addresses the livelihood needs of local residents (grazing, firewood) and existing and future threats, such as trophy hunting, road construction and tourism;

 f) Consider jointly with neighbouring States Parties a future transboundary or transnational, potentially serial, nomination that would better represent the full range of biodiversity values of the Pamir Mountains and enhance the potential of the nomination in relation to criteria (ix) and (x);

4. Encourages communication and cooperation with the neighbouring State Party of Kyrgyzstan bordering the nominated property;

5. Requests IUCN to advise the State Party on the management and nomination of Tajik National Park through its network of experts, in particular through networks and expert groups specialised in mountain protected areas;

6. Encourages States Parties to the Convention to support efforts to manage Tajik National Park and further work on the deferred nomination, considering the above recommendations.

The World Heritage Committee,

1. Having examined Documents WHC-10/34.COM/8B and WHC-10/34.COM/INF.8B2,

2. Defers the examination of the nomination of Dinosaur Ichnites of the Iberian Peninsula, Portugal/Spain, to the World Heritage List on the basis of natural criteria in order to allow the State Party to develop a thorough global comparative analysis, including justifying the Outstanding Universal Value of a property based on dinosaur ichnites, and considerations for a serial nomination with existing properties