Case Law

The World Heritage Committee,

1. Having examined Document WHC/17/41.COM/7A,
2. Recalling Decision 40 COM 7A.14, adopted at its 40th session (Istanbul/UNESCO, 2016);
3. Commends the State Party on the successful completion of the conservation works of the roof and of the narthex of the Church of the Nativity and notes that the church is now in sound condition in relation to the primary factors leading to its decay;
4. Also notes that three of the four corrective measures have been completed and that the remaining one, the development of a Conservation Plan, is being planned;
5. Requests the State Party to complete the Conservation Plan and submit it to the World Heritage Centre for review by the Advisory Bodies, along with details of recent work on mosaics, plaster, architraves, stone pillar, etc.;
6. Also requests the State Party to submit a resume and analysis of all evidence relating to the age of the roof fabric in order that there is a clear understanding as to whether any material survives from the 6th century AD and if not what of the dates of the surviving fabric in relation with the conservation works undertaken;
7. Further requests the State Party to complete the development of a Management Plan and also submit it to the World Heritage Centre for review by the Advisory Bodies;
8. Notes with concern that the proposed projects for a Manger Square Tunnel and a Manger Square Village commercial outlet and car park could have the potential to impact adversely on the property; and requests furthermore the State Party to halt further work on these projects and compile the necessary justification and independent Heritage Impact Assessments and submit these to the World Heritage Centre, for review by the Advisory Bodies, in line with the requirements of Paragraph 172 of the Operational Guidelines, before any irreversible commitments are made;
9. Finally requests that 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 above, for examination by the World Heritage Committee at its 42nd session in 2018;
10. Decides to retain the Birthplace of Jesus: Church of the Nativity and the Pilgrimage Route, Bethlehem (Palestine) on the List of World Heritage in Danger.

The World Heritage Committee,

1. Having examined Document WHC/16/40.COM/7B,
2. Recalling Decisions 22 COM VII.17 and 38 COM 7B.25, adopted at its 22nd (Kyoto, 1998) and 38th (Doha 2014) sessions respectively,
3. Expresses its concern regarding inappropriate conservation works of all parts of the City Walls and requests the State Party to implement all relevant measures, including repairs of damage and development of guidelines on best conservation practices, to prevent any threat to the structural stability of the City Walls, and to ensure strict and regular monitoring;
4. Endorses the recommendations of the 2015 joint UNESCO/ICOMOS Reactive Monitoring mission to the property and also requests the State Party to give the highest priority to the implementation of its recommendations, notably to:
   1. Develop and submit to the World Heritage Centre for review by the Advisory Bodies the Management Plan of the property, including a tourism strategy, legal regulations for cruise ship tourism, identification of the sustainable carrying capacity of the city, a risk-preparedness action plan and an interpretation strategy,
   2. Not to proceed with the Bosanka 2 project, nor to construct the Lazeretto; Quay/Landing Stage with connection to the Old Port,
   3. Submit to the World Heritage Centre, by 1 February 2017, a minor boundary modification proposal with a view to expanding the buffer zone as recommended by the mission,
   4. Finalize and submit the retrospective Statement of Outstanding Universal Value (SOUV) for the property to the World Heritage Centre, by 1 February 2017, for examination by the World Heritage Committee at its 41st session in 2017;
5. Taking note of the current status of the Sports and Recreation Centre with a Golf Course and the Bosanka North and Bosanka South Tourist Resorts project planned for the plateau of Mount Srđ and Bosanka in the vicinity of the property, considers that the Heritage Impact Assessment (HIA) demonstrates that, subject to design refinement, the proposed Sports and Recreation Centre with a Golf Course and the Bosanka North and Bosanka South Tourist Resorts would have an acceptable effect on the OUV of the property, and further requests the State Party to:
   1. Facilitate revisions to the plans and drawings for the project to ensure that no construction is to take place within a minimum distance of 50m from the edges of the plateau,
   2. Continue the dialogue with the Advisory Bodies as the Resorts project progresses,
   3. Submit amended plans for the project to the World Heritage Centre in accordance with Paragraph 172 of the Operational Guidelines, for review by the Advisory Bodies before construction works begin,
   4. Submit relevant documentation, including HIAs, to the World Heritage Centre, in line with Paragraph 172 of the Operational Guidelines, before any final decisions are made or any works start, for major developments projects within the property, its buffer zone and setting;
6. Finally 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-12/36.COM/7B.Add,

2.   Recalling Decision 34 COM 7B.83 adopted at its 34th session (Brasilia, 2010),

3.   Takes note of the results of the November 2011 joint World Heritage Centre/ICOMOS reactive monitoring mission, particularly, the conclusion that wind turbines impact adversely on the landscape setting of the property which provides its context and supports its Outstanding Universal Value;

4.   Strongly recommends the State Party to implement all the recommendations of the mission;

5.   Welcomes with satisfaction the identification by the State Party of a wind turbine exclusion zone, beyond the buffer zone, incorporated into the planning process, and also notes with interest the implementation of terrain modelling procedures for assessing visual impact;

6.   Further notes the definition of a replicable method of defining such a zone, based on computer-based cartography and by a terrain approach;

7.   Also notes the project to remove the 19th century causeway, and replace it with a permeable bridge that will allow the mount to be seen as an island, and requests that its inclusion be compatible with the Outstanding Universal Value of the property;

8.   Further notes the urgent needs for an integrated Management Plan for the property, and further requests the State Party to produce such a plan based on the Statement of Outstanding Universal Value and a landscape approach to the management of the property, its buffer zone and its wider setting, and to put in place a Coordination Committee to oversee its implementation;

9.   Requests furthermore the State Party to provide copies of the draft Management Plan for review by the World Heritage Centre and the Advisory Bodies by 1 February 2013;

10.  Finally requests the State Party to submit to the World Heritage Centre, by 1 February 2014, 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 38th session in 2014.

The World Heritage Committee,

1. Having examined Document WHC-11/35.COM/7B,

2. Recalling Decision 33 COM 7B.144, adopted at its 33rd session (Seville, 2009),

3. Acknowledges that plans for the construction of a National Airport in Nasca have been discarded;

4. Recognizes the efforts of the State Party in working to finalize outstanding issues related to the property's management and recommendations made by the World Heritage Committee, and urges it to finalize the property's management plan and to secure the necessary resources for its full implementation;

5. Requests the State Party to submit by 30 November 2011, three printed copies of the management plan to the World Heritage Centre and the Advisory Bodies for review;

6. Expresses its concern about the potential plans to construct a new tourist viewing tower at the property and also urges the State Party to develop, in collaboration with the heritage authorities, alternative designs that take into account the conservation of the attributes that sustain the Outstanding Universal Value of the property;

7. Also requests the State Party, in conformity with Paragraph 172 of the Operational Guidelines, to submit new designs and technical specifications for the viewing tower for consideration and review by the World Heritage Centre and the Advisory Bodies prior to approval and implementation;

8. Further requests the State Party to provide updated information on progress achieved in the removal of illegal settlements and mining quarries at the property by 30 November 2011;

9. Requests furthermore the State Party to submit to the World Heritage Centre, by 1 February 2013, 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 37th session in 2013.

The World Heritage Committee,

1. Having examined Document WHC-10/34.COM/7A.Add,

2. Recalling Decision 33 COM 7B.102, adopted at its 33rd session (Seville, 2009),

3. Notes the establishment of an Inter-Ministerial Commission to ensure co-ordination of all World Heritage matters;

4. Also notes the recommendations of the joint World Heritage Centre/ICOMOS/ICCROM reactive monitoring mission to the property in March 2010;

5. Reiterates its serious concern about the state of conservation of the different components of the property, and the slow rate of progress made by the State Party in addressing urgent issues;

6. Adopts the following Desired State of Conservation for the property, for its future removal from the List of World Heritage in Danger:

a) The World Heritage property with clearly marked boundaries and buffer zone precisely identified,

b) The Urban Master Plan of the City of Mtskheta, including land-use regulations and conservation master plan approved,

c) A comprehensive management system, including an Integrated Management Plan of the World Heritage property and its buffer zone, approved,

d) Long-term consolidation and conservation of the historical monuments in Mtskheta ensured;

7. Adopts the following corrective measures and the timeframe for their implementation:

a) Changes to be effected within one year - Precise identification of the World Heritage property and clearly marked boundaries and buffer zones by the following actions:

- Prepare adequate maps showing clear limits of all components of the property,

- Undertake topographic and archaeological surface surveys including the archaeological remains, important historical monuments and landscapes,

- Define the boundaries of the World Heritage property according to the results of the relevant surveys,

- Develop a 5-year training programme for the conservation and management of the site, possibly with participation at sub-regional/regional level,

- Develop a monitoring mechanism for the physical conservation of the buildings and archaeological sites,

- Define and prioritize the long-term conservation and consolidation measures within the World Heritage property;

b) Changes to be effected within one/two years - Implementation of the Urban Land-Use Master Plan of the City of Mtskheta, including operating plans and conservation master plan by the following actions:

- Establish complete cadastral information (land ownership), in publicly available and easily accessible format, for all land within the World Heritage property and its buffer zone,

- Establish clear operating plans and strict limits to development rights and management regulations within the property and its buffer zone, to ensure the long-term protection and conservation of the World Heritage property,

- Ensure that development rights on existing private or leased lands within the property are clearly defined and strictly controlled,

- Adopt and implement the Urban Land-Use Master Plan of the City of Mtskheta, including all aspects of infrastructure rehabilitation, zoning regulations with particular emphasis on the establishment of no-construction zones, the institutional reform and capacity building, community relations, and tourism development,

- Make publicly available the information on land-use for all lands within the property and its buffer zone, in easily accessible format, to ensure transparency in land use and allocations;

c) Changes to be effected within two/three years - Ensured site management by the following actions:

- Adopt legislation that assures the protection and maintenance of the Outstanding Universal Value of the whole of the World Heritage property and its component parts,

- Adopt the necessary priority for the conservation of the property in national policy, planning and budgets, and take pro-active measures to solicit donor support for property management and conservation,

- Develop and implement an Integrated Management Plan for the World Heritage property and its buffer zone, including:

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  • a tourism strategy,
  • strategic guidelines for the integrated multi-stakeholder approach to the conservation, rehabilitation and restoration of historic buildings,
  • design guidelines for new constructions and the street furniture,
  • clear guidelines for the type of management, religious or visitor infrastructure that can be built within the World Heritage property,

- Develop and implement a management system,

- Undertake appropriate training in conservation and management for the staff in charge of the preservation of the property,

- Establish a clear institutional coordination mechanism ensuring that the conservation of the property receives priority consideration within relevant governmental decision-making processes,

- Develop a state programme for the protection of World Heritage religious properties in Georgia, as a legal framework for co-management under which the respective responsibilities of the State Party and the Georgian Patriarchate are effectively established, monitored and evaluated in relation to the protection and conservation of the property,

d) Changes to be effected within five years (after possible removal from the List of World Heritage in Danger in 2 - 3 years) - Long-term protection and conservation of the historical monuments and the archaeological remains in Mtskheta by the following actions:

- Complete the documentation and recording of all historical monuments and archaeological remains in a digitized information database for management, conservation and planning purposes,

- Establish a full inventory of paintings including digitalization and reference system for all historical monuments in Mtskheta,

- Implement restoration of the paintings,

- Develop a special programme on the protection of all archaeological components of the City of Mtskheta;

8. Urges the State Party to develop, in consultation with the World Heritage Centre and the Advisory Bodies, a draft retrospective Statement of Outstanding Universal Value of the property for examination by the World Heritage Committee at its 35th session in 2011;

9. Requests the State Party to submit to the World Heritage Centre, by 1 February 2011, a detailed state of conservation report, including a progress report relevant to the implementation of the corrective measures, for examination by the World Heritage Committee at its 35th session in 2011;

10. Decides to retain the Historical Monuments of Mtskheta (Georgia) on the List of World Heritage in Danger.

The World Heritage Committee,

1. Having examined Document WHC-09/33.COM/7B,

2. Recalling Decisions 30 COM 7B.89 and 31 COM 7B.116, adopted at its 30th (Vilnius, 2006) and 31st (Christchurch, 2007) sessions respectively, and the detailed recommendations made by the joint World Heritage Centre/ICOMOS/IUCN reactive monitoring mission of March 2006,

3. Takes note of the progress made in the implementation of the short-term Action Plan 2007-2009, in particular in the restoration and gradual opening of the palaces and parks;

4. Notes with serious concern the uninterrupted urban encroachment both on the territory of the property and its buffer zone and beyond it, as well as the pressure caused by increased visitation;

5. Expresses its concern about the continuing lack of coordination mechanisms involving all relevant stakeholders responsible for the management of the property and its buffer zone;

6. Strongly encourages the State Party to consider establishing a Steering Committee for the property in order to enhance coordination and coherent decision-making among all relevant stakeholders on the territory of the property and its buffer zone;

7. Urges the State Party to amplify its efforts, to set up a comprehensive management plan for the property clearly defining the roles of all relevant stakeholders, the conservation measures and development objectives for the property as well as the appropriate financial resources;

8. Further encourages the State Party to develop, in consultation with the World Heritage Centre and the Advisory Bodies, a draft Statement of Outstanding Universal Value for the property, as a sound basis for its management;

9. Requests the State Party to invite a joint World Heritage Centre/ICOMOS/IUCN reactive monitoring mission to the property to assess the overall state of conservation of the property;

10. Also requests the State Party to submit to the World Heritage Centre, by 1 February 2010, a report on the state of conservation of the property, for examination by the World Heritage Committee at its 34th session in 2010.

The World Heritage Committee,

1. Having examined Document WHC-08/32.COM/7B,

2. Recalling Decision 31 COM 7B.81, adopted at its 31st session (Christchurch, 2007),

3. Notes the continuing efforts made by the Hampi World Heritage Area Management Authority (HWHAMA) to improve the management of the property;

4. Notes with concern that the requests by the World Heritage Committee at its 31st session (Christchurch, 2007) to implement the recommendations of the January 2007 mission have not yet been fully addressed;

5. Urges the State Party to:

a) modify the design and dimensions of the Anegundi Bridge and put in place traffic regulations for heavy vehicles;

b) approve and implement the integrated management plan (IMP) based on a revised Statement of Outstanding Universal Value including the conditions of integrity and authenticity;

c) clarify the boundaries of the property and its buffer zones;

d) ensure adequate human and financial resources to allow the implementation of the Integrated Management Plan;

6. Requests the State Party to submit to the World Heritage Centre, as soon as possible, the modified design of the bridge; the new traffic regulations for heavy vehicles; the final approved version of the IMP in three copies; the location of the interpretation centre; clarifications on the boundaries and buffer zones and the draft Statement of Outstanding Universal Value, including the conditions of integrity and authenticity, by 1 February 2009, for review by the World Heritage Centre and the Advisory Bodies and for examination by the World Heritage Committee at its 33rd Session;

7. Also urges the State Party to ensure that the implementation of the IMP by the HWHAMA is fully integrated into the State and National Planning framework, particularly for tourism and urban development;

8. Also requests the State Party to submit to the World Heritage Centre by 1 February 2010 a progress report on the above, for examination by the World Heritage Committee at its 34th session in 2010.