Case Law

The World Heritage Committee,

1. Having examined Document WHC/17/41.COM/7B,
2. Recalling Decision 39 COM 7B.15, adopted at its 39th session (Bonn, 2015),
3. Commends the State Party for achieving at least four years (2011-2015) of zero rhino poaching at the property and, noting that poaching continues to be a threat, urges the State Party to uphold its current anti-poaching efforts, in collaboration with the Nepali Army, in order to ensure their continued success;
4. Welcomes the State Party’s decision to undertake an Environmental Impact Assessment (EIA) for the alternative alignment of the East-West Electric Railway that avoids the property, and the initiation of an EIA for the Trivenidham-Balmikiashram suspension bridge, and requests the State Party to submit copies of these EIAs to the World Heritage Centre, for review by IUCN, as soon as they are available;
5. Also requests the State Party to make an unequivocal commitment not to allow the development of the East-West Electric Railway and the Terai Hulaki Highway to proceed along their proposed alignments through the property, and not to approve any other new roads or reopening/upgrading of old roads through the property, including the proposed Dumkibas-Tribeni road, the Madi-Balmikiashram road, the State 3 and State 4 proposed China-India Trade Links, and the Tori-Malekhu road;
6. Considers that if any of the aforementioned road and railway developments were to proceed according to their proposed alignments through the property, they would represent a clear potential danger to the Outstanding Universal Value (OUV) of the property, in accordance with Paragraph 180 of the Operational Guidelines, and a clear basis for inscription of the property on the List of World Heritage in Danger;
7. Notes with concern that the Chitwan District Road Office has called a tender for tarmacking the Bharatpur-Thori road through the property, and further requests the State Party to ensure that any upgrading of the parts of the Bharatpur-Thori road that are located inside the property, including black-topping and widening, shall not be permitted;
8. Requests furthermore the State Party to undertake a thorough EIA of the proposed Thori-Birgunj road, including an assessment of potential impacts on the OUV of the property, considering that this road has the potential to increase the demand for transportation of commercial goods to destinations beyond Thori, which would generate an increase in heavy traffic through the property;
9. Regrets that the State Party did not provide further information on encroachment at Gajendra Dham and in important wildlife habitats of the property, and on progress achieved in the demarcation of the property’s boundaries;
10. Taking note of the recommendations of the 2016 IUCN Reactive Monitoring mission, requests moreover the State Party to fully implement all these recommendations in the best delay;
11. Finally requests 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, including detailed information on the implementation of each of the recommendations made by the 2016 mission, for examination by the World Heritage Committee at its 43rd session in 2019.

The World Heritage Committee,

1. Having examined Document WHC/17/41.COM/7B,
2. Recalling Decision 39 COM 7B.89, adopted at its 39th session (Bonn, 2015),
3. Congratulates the State Party for the progress made in the implementation of its recommendations and for the participatory approach it has taken in the definition of protective areas around the churches, as well as for concrete restoration, communication and education programmes that are under execution;
4. Urges the State Party to finalize the identification of buffer zones around all remaining churches and to proceed urgently with their submission as a minor boundary modification proposal encompassing all 16 components of the property;
5. Notes the progress made in the preparation of the Integrated Management Plan;
6. Welcomes the progress made with the construction of the by-pass in Castro and the conclusion of the traffic studies related to the shopping mall in Castro, and recommends that the State Party:
   1. Continue to monitor the traffic flows around the church including the impact of the bus terminal north of the church,
   2. Keep the vehicular access to the shopping mall in Calle San Martin closed,
   3. Undertake Heritage Impact Assessments of projects in the surroundings of the church, particularly of the proposed parking garage in the buffer zone under the Plaza de Armas that could potentially affect the Outstanding Universal Value of the property;
7. Strongly regrets that the construction of the shopping mall in Castro was completed without significant modifications to its design and that the mitigation measures that are now being considered are limited to the application of colors, texture and material on the facade facing the sea and the planting of trees; and requests the State Party to submit the designs and mitigation measures agreed between the owner of the mall, the Direction of Libraries, Archives and Museums (DIBAM) and the National Monuments Council (CMN), as soon as possible to the World Heritage Centre, for review by the Advisory Bodies, prior to their implementation;
8. Also requests 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/17/41.COM/7B,
2. Recalling Decisions 39 COM 7B.40 and 40 COM 7B.12, adopted at its 39th (Bonn, 2015) and 40th (Istanbul/UNESCO, 2016) sessions respectively,
3. Welcomes the Memorandum of Understanding (MOU) between the Lamu Port−South Sudan−Ethiopia Transport (LAPSSET) Authority and the National Museums of Kenya (NMK) according to which NMK should provide heritage advisory services to the LAPSSET project;
4. Notes that the 2011 Feasibility Study and Master Plan for the LAPSSET project are complete as well as, the Heritage Impact Assessment (HIA) carried out in 2014 and continues to encourage the State Party to exclude the Lamu Archipelago from any LAPSSET developments, and acknowledges that whilst the LAPSSET project is ongoing, the details of the LAPSSET project be submitted to the World Heritage Centre as soon as possible, and no later than 1 December 2017;
5. Reiterates its concern that the LAPSSET project will significantly increase the development pressures for the entire region, including the Lamu Archipelago, and that consideration must be given to all potential impacts on the World Heritage property caused by such pressures;
6. Notes the late submission of the above-mentioned Strategic and Environmental Assessment (SEA) of the LAPSSET project to the World Heritage Centre, but urges the State Party to revise it, in close consultation with the World Heritage Centre and the Advisory Bodies, and submit this revised SEA to the World Heritage Centre for review by the Advisory Bodies no later than 1 December 2017;
7. Notes with concern that an HIA for the already completed Manda Airport upgrade has not been undertaken, although requested by the Committee, and also reiterates its request to the State Party to undertake such an HIA as soon as possible in order to identify any adverse impacts on the property and ways to mitigate these impacts, and to submit the HIA to the World Heritage Centre for review by the Advisory Bodies;
8. Requests that the revised Management Plan, including the new chapter covering the LAPSSET development project, be submitted to the World Heritage Centre, as soon as possible and no later than 1 December 2017;
9. Also requests the State Party to invite a joint World Heritage Centre/ICOMOS/ICCROM/IUCN Reactive Monitoring mission to the property to clarify the current scope of the LAPSSET project in relation to its actual and potential impacts on the Lamu Old Town property, to examine work already carried out for the LAPSSET project and on the Manda airport developments, and to examine the overall state of conservation of the Lamu Old Town property;
10. Acknowledges the submission of a draft SEA report and urges the State Party to continue enhancing the mitigation measures to address the identified negative impacts of the project in line with Paragraph 180 of the Operational Guidelines;
11. Further 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 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 33 COM 7B.115, adopted at its 33rd session (Seville, 2009),
3. Acknowledges the details provided by the State Party on the ongoing projects including progress made in the management of visitors including with advanced booking systems, the express route and the start of a restoration initiative of the barracks in Auschwitz;
4. Welcomes the development of the detailed Conservation Strategy and urges the State Party to ensure that its Guidelines are followed;
5. Whilst understanding that the proposed expressway and south ring road of Oświęcim have been approved in principle, subject to environmental decisions, reiterates its request to the State Party to undertake as soon as possible a Heritage Impact Assessment (HIA) of the overall project, and to submit this, together with details as to how this project relates to other proposed road schemes in Brzezinka and elsewhere, to the World Heritage Centre, for review by the Advisory Bodies, before irreversible commitments are made;
6. Also welcomes the start of the restoration project of the two brick prisoner barracks and requests the State Party to submit further details on the restoration principles at use with documentation in order that good practice be established for further application in other parts of the property;
7. In light of the various transformations that are taking place to accommodate the nearly two million visitors arriving at the property each year, also requests the State Party to provide more information on how the various projects and necessary infrastructure will be provided in symbiosis with the surroundings of the property, in line with the Conservation Guidelines, while respecting the Outstanding Universal Value (OUV) of the property;
8. Also reiterates it request that HIAs are undertaken for all projects before any decisions are taken, in order to define clearly potential impacts on the attributes of OUV;
9. Notes with satisfaction that the Retrospective Statement of OUV of the property has been finalized and submitted to the World Heritage Committee for adoption (Document WHC/16/40.COM/8E);
10. Considers that there is a need for a governance system that brings together all the stakeholders at the property and for a clearer multi-disciplinary management approach that is based on OUV, and further welcomes the suggestion of a programme to facilitate more positive relationships with the local community;
11. In order to undertake a dialogue with the State Party on how best these issues might be addressed, further requests the State Party to invite an ICOMOS Advisory mission to the property;
12. Requests furthermore 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-15/39.COM/7B,
2. Recalling Decision 37 COM 7B.99 adopted at its 37th session (Phnom Penh, 2013),
3. Notes that the runway of the Rio Amarillo airport will be limited to 1200 meters long, as requested by the World Heritage Committee and the recommendations of the 2011 Reactive Monitoring mission, and recognizes the efforts made by the State Party to rescue and relocate archaeological remains located in the surroundings of Rio Amarillo;
4. Welcomes the Cultural Heritage Impact Assessment (HIA) that was undertaken by the Copan Association for the airport area and invites relevant institutions to consider its observations, recommendations and conclusions;
5. Also notes the cartographic information provided by the State Party and requests the State Party to finalize the boundary clarification within the framework of the Retrospective Inventory process and to submit a final proposal for a buffer zone according to paragraphs 163-165 of the Operational Guidelines concerning Minor Boundary Modification;
6. Appreciates the efforts of the State Party to prepare the Management Plan and Carrying Capacity Study for the World Heritage property and also invites the State Party to undertake its revision with due consideration of the ICOMOS recommendations particularly regarding the action plan and financing strategy, tourism projections and visitor management and the participation of communities;
7. Also requests the State Party to keep it informed of further developments in the design and testing results of the protective structure of the Hieroglyphic Stairway;
8. Further requests the State Party to submit to the World Heritage Centre, by 1 December 2016, 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 41st session in 2017.

The World Heritage Committee,

1. Having examined Document WHC-14/38.COM/7B.Add,
2. Recalling Decision 37 COM 7B.8 adopted at its 37th session (Phnom Penh, 2013),
3. Welcomes the significant progress achieved by the State Party and its partners since the inscription of the property in terms of its protection and management, in particular the strengthening of its legal framework, the creation of a functional management authority and management system and the management of fishing inside the property which restricts fishing to the local Imraguen communities using only traditional methods and an efficient surveillance system;
4. Takes note of the conclusion of the reactive monitoring mission that so far, the Outstanding Universal Value (OUV) of the property has been preserved in part thanks to its isolation but that the region is undergoing rapid changes characterized by numerous planned infrastructure developments;
5. Notes with concern the many infrastructure projects being developed around the property, which could potentially impact on its OUV, and requests the State Party not to authorize infrastructure inside the property or in its vicinity, without having conducted an Environmental Impact Assessment (EIA) in conformity with IUCN’s “World Heritage Advice Note: Environmental Assessment” and to ensure that all EIAs are validated by the Scientific Council of the property and submitted to the World Heritage Centre prior to making any decisions that would be difficult to reverse, in accordance with Paragraph 172 of the Operational Guidelines ;
6. Expresses its utmost concern about the road to Mamghar, which presents a serious threat to the integrity of the property and is impacting on its cultural values, and urges the State Party to ensure that its use is restricted to mitigate its impact and that a system of control of access to the property is put in place;
7. Also requests the State Party to ensure that the draft EIA for the water sourcing system linked to the extension of the Tasiast mine is completed to assess its potential impacts on the OUV of the property, and submitted to the World Heritage Centre prior to making any decisions that would be difficult to reverse, in accordance with Paragraph 172 of the Operational Guidelines;
8. Appreciates the fact that no oil or mining exploration permits were attributed within the property, but also expresses concern about potential impacts if any of the on-going exploration projects lead to exploitation, in particular, in oil blocks close to the property where exploratory drilling is going forward in 2014;
9. Also welcomes the initiative to conduct a “Territorial Diagnostic” in order to assess the cumulative impacts of the different planned development projects on the property, and further requests the State Party to develop on the basis of this study a strategic vision for the development of the region which ensures the conservation of the OUV of the property;
10. Requests furthermore the State Party to implement all other recommendations of the 2014 joint World Heritage Centre/IUCN reactive monitoring mission and take them into account in the development of the new management plan, in particular:
    1. Ensure the sustainability of the fishing surveillance system, maintain the restrictions on fishing foreseen in the law and develop an agreement with all stakeholders to limit the catch of threatened fish species, in particular rays and sharks,
    2. Create a residence permit system to ensure that fishing rights are restricted to the local population, as well as to ensure that no new villages develop in the park,
    3. Update urgently the emergency MARPOL plan to ensure that an operational system is in place to address a potential oil spill,
    4. Submit to the International Maritime Organization the request to designate Banc d’Arguin region as a Particularly Sensitive Sea Area,
    5. Put in place a system of shared governance involving all stakeholders, including reviving the Board of the Park, its Scientific Council and the participatory management process and reinforcing its cooperation with its technical and financial partners,
    6. Link the funding for the property from the trust fund to the management effectiveness of the site and the conservation of its OUV;
11. Requests moreover 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 recommendations of the mission, 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 36 COM 7B.66 , adopted at its 36th session (Saint-Petersburg, 2012),

3.  Welcomes the State Party’s progress in finding an alternative route for the new Tilganga-Tamranganga tunnel and road;

4.  Encourages the State Party to submit details of alternative routes for the road to the World Heritage Centre for review by the Advisory Bodies, at the earliest opportunity, preferably at the concept stage and before irreversible commitments are made;

5.  Notes the adoption of ecological measures to manage environmental damage in the Mrigasthali deer park and on the route of the abandoned road through the Pashupati Monument Zone;

6.  Also welcomes the progress with review and update of the 2007 Integrated Management Plan (IMP); the Disaster Risk Management Plan; and the formulation of regulations to ensure that Heritage Impact Assessments (HIAs) are produced for all significant developments within the property;

7.  Also notes the considerable conservation efforts evident in the list of recent projects undertaken, the awareness of and adherence to good conservation principles and the monitoring by the Department of Archaeology; 

8.  Regrets that the HIA of the new electric crematorium concurrently under construction in the Pashupati Monument Zone, was not undertaken on time to improve its design and position, especially with regard to the 30m high chimney which will have an adverse visual impact on the property;

9.  Requests the State Party to submit to the World Heritage Centre, for review by the Advisory Bodies, a scheme of mitigation of the impact of the crematorium chimney, including its position, colour and fabric, potential for screening and assurances that its construction method would allow removal;

10.  Also requests the State Party to submit to the World Heritage Centre, for review by the Advisory Bodies:

a)  Information concerning verification of the closure of the abandoned road,

b)  Information on progress on the review of the IMP and the development of a Disaster Risk Management Plan,

c)  HIAs of all significant development proposals in the property, including visitor and parking provisions mentioned in the Pashupati Master Plan, the extension to the airport and the route of the new road, and of any major conservation or reconstruction project, in particular the Bhaidegah temple, before approval for the schemes is granted, in accordance with Paragraph 172 of the Operational Guidelines ;

11.  Further requests the State Party to submit to the World Heritage Centre, by 1 February 2015 , 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 39th session in 2015

The World Heritage Committee,

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

2.   Recalling Decision 35 COM 7B.101 adopted at its 35th session (UNESCO, 2011),

3.   Takes note of the results of the mission concerning the overall improved state of conservation of the property but notes certain shortcomings in the quality of works on the Main Restaurant Pavilion and urges the State Party to ensure higher standards during future works;

4.   Requests the State Party to provide to the World Heritage Centre, for review by the Advisory Bodies, full details of all proposed projects which may have an impact on the Outstanding Universal Value of the Property, including the underground car park, the Four Domes Pavilion and the future projects in the buffer zone, together with heritage impact assessments, in line with Paragraph 172 of the Operational Guidelines, before any commitments are made;

5.   Also requests the State Party to provide an overall development plan for the property and its buffer zone to allow understanding as to how the various proposed projects relate to the Spatial Plan, 2004 and, in terms of design concepts, to the Outstanding Universal Value of the property;

6.   Also takes note of the halting of the Eastern Bridge road proposal, along the edge of the buffer zone as well as of its downgrading to a single carriageway, and further requests the State Party to submit any revised plans, together with a Heritage Impact assessment of its potential impact on the setting of the property, to the World Heritage Centre for review by the Advisory Bodies, in line with Paragraph 172 of Operational Guidelines;

7.   Requests furthermore 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 on the implementation of the above.

The World Heritage Committee,

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

2.   Recalling Decision 35 COM 7B.126, adopted at its 35th session (UNESCO, 2011),

3.   Notes that no direct impact on the Outstanding Universal Value of the inscribed property is to be expected from the construction of the Rio Amarillo Aerodrome and requests the State Party, should a decision be made to proceed with its construction, to update the Environmental Impact Assessment and carry out a Heritage Impact Assessment to identify mitigation measures;

4.   Acknowledges the information provided by the State Party regarding the implementation of conservation measures for the property and reiterates its request to fully develop a comprehensive strategy for the conservation of the tunnels and the establishment of conservation guidelines for interventions at the property;

5.   Also requests the State Party to finalize the process for updating the Management Plan for the property, including provisions for risk management and a public use plan based on carrying capacities studies, and upon completion to provide three printed and electronic copies of the draft revised Management Plan for review by the World Heritage Centre and the Advisory Bodies;

6.   Further requests the State Party to update, approve and enforce the regulatory measures for the management of different zones prescribed in the Plan and to work with the Local Government to ensure the protection of the property against development pressures;

7.   Urges the State Party to integrate the updated Management Plan within local and regional planning instruments to develop a coherent territorial planning and management strategy with a regional vision;

8.   Moreover requests the State Party to submit, in accordance to Paragraph 172 of the Operational Guidelines, the results from the prototype protective shelter for the Hieroglyphic Stairway as well as the technical specifications for the final design, for review prior to implementation;

9.   Requests 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-08/32.COM/7B.Add,

2. Recalling Decision 31 COM 7B.126, adopted at its 31st session (Christchurch 2007),

3. Also recalling the recommendations of the previous monitoring missions of 1999, 2003 and 2005,

4. Notes the interest of the State Party in continuing to build an alternate airport to access the archaeological site and invites the State Party, in accordance with Paragraph 172 of the Operational Guidelines to submit detailed information on the definitive location and plans for construction and operations, accompanied by the official Environmental Impact Assessment and archaeological/cultural impact study from the National Institute of Anthropology and History (IHAH);

5. Encourages the State Party to finalise the management plan and to provide three printed and electronic copies of the resulting document for review by the World Heritage Centre and the Advisory Bodies, prior to its implementation;

6. Invites the State Party to also submit the management plan for the Rio Amarillo site to the World Heritage Centre and the Advisory Bodies to examine its potential articulation with the Copan management plan;

7. Requests the State Party to submit to the World Heritage Centre, by 1 February 2009, a detailed report on the state of conservation of the property and on the progress made in the implementation of the above recommendations, for the examination by the World Heritage Committee at its 33rd session in 2009.