Case Law

The World Heritage Committee,

1. Having examined Document WHC/17/41.COM/7B,
2. Recalling Decision 39 COM 7B.76, adopted at its 39th session (Bonn, 2015),
3. Noting that the final plans concerning the proposed new development at Residential Area Dr. Franz-Rehrl Platz (Residential Buildings City Life Rehrlplatz) were submitted to the World Heritage Centre, requests however the State Party to further revise these plans before approval of the project, as long as the recommendations of the 2013 ICOMOS Advisory mission remain unfulfilled;
4. Also noting that a modified version of the development project at Schwarzstrasse 45 / Ernest-Thunstr. 2 has already been built, regrets that the State Party did not provide more detailed information with regard to the implementation of the recommendations of the 2013 mission;
5. Further noting that the construction work of a modified version of the Nelböck Viaduct Rainerstrasse / Bahnhofsvorplatz project has already started, also requests the State Party to provide more information on this project as well as details on the modified project of the Public Indoor Swimming Pool Paracelsusbad, with regard to the implementation of the recommendations of the 2013 mission, and to keep the World Heritage Centre informed on any future developments regarding the halted Residential Building Priesterhausgarten;
6. Reiterates its concern about the apparent lack of adequate legislative and planning mechanisms to protect the property from the various proposed urban and infrastructure developments and further requests the State Party to:
   1. Develop a comprehensive urban land use plan, which includes provisions for protection mechanisms and regulatory measures to ensure the adequate protection and control of the property and its landscape setting,
   2. Strengthen legal mechanisms for the protection of monuments in their setting,
   3. Carry out Heritage Impact Assessments (HIAs) for projects, which may threaten the Outstanding Universal Value (OUV) for the property, in conformity with the ICOMOS Guidelines on HIAs for World Heritage cultural properties, such as the development project at Schwarzstrasse 45 / Ernest-Thunstr. 2, the project at Nelböck Viaduct Rainerstraße / Bahnhofsvorplatz, and the Public Indoor Swimming Pool Paracelsusbad project;
7. Notes that the legal process to harmonize the boundary of the property with the Protection zone I has been completed and strongly encourages the State Party to complete the revision of the Management Plan, including provisions to ensure adequate protection and conservation of all attributes, which convey the OUV of the property, and its setting and submit it to the World Heritage Centre for review by the Advisory Bodies;
8. Urges the State Party to implement all the recommendations of the 2013 ICOMOS Advisory mission;
9. Requests furthermore the State Party to submit to the World Heritage Centre, by 1 December 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 43rd session in 2019.

The World Heritage Committee,

1.   Having examined Document WHC-12/36.COM/7B,

2.   Recalling Decision 34 COM 7B.70, adopted at its 34th session (Brasilia, 2010),

3.   Acknowledges the efforts made by the State Party to address the conservation issues at the property; and notes the pragmatic approach currently applied by the Bodhgaya Temple Management Committee (BTMC) to retain its special legal status, under the Bodhgaya Temple Act of 1949;

4.   Also notes the results of the February 2011 joint World Heritage Centre/ICOMOS/ICCROM reactive monitoring mission, endorses its recommendations on the satisfactory condition of the property, including the sacred Bodhi Tree, and requests the State Party to:

a)  Ensure urgent protection of the vulnerable setting and the wider landscape through a balanced vision, which integrates conservation, pilgrimage and community development,

b)  Formally designate an adequate buffer zone for the immediate setting of the property and appropriate protection for the wider landscape,

c)  Identify, in consultation with the World Heritage Centre and the Advisory Bodies a two-step approach, firstly, an adequate buffer zone for the protection of the immediate setting as well as a regulatory framework for the protection of the wider  landscape, following as second step, a serial extension of the property to include other sites with outstanding associations to the life of Lord Buddha,

d)  Revise the Management Plan and the regional development plan in light of the proposed buffer zone boundaries and regulations; and conduct a study of pilgrimage patterns and visitor behaviour to identify the most significant pressures and develop, on this basis, a comprehensive visitor/pilgrims management strategy,

e)  Undertake capacity-building activities for all local stakeholders concerned to raise awareness of World Heritage management requirements;

5.   Encourages the State Party to submit the designated buffer zone as a minor boundary modification;

6.   Also requests the State Party to submit to the World Heritage Centre, by 1 February 2014, a 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-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:

•  
  • 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.