Case Law

The World Heritage Committee,

1. Having examined Document WHC/17/41.COM/7B,
2. Recalling Decision 39 COM 7B.8, adopted at its 39th session (Bonn, 2015),
3. Welcomes the State Party’s decision not to approve the Orion power plant and Phase II of the Rampal power plant,
4. Also welcomes the State Party’s decision to carry out a Strategic Environmental Assessment (SEA) for the South-West region of Bangladesh, including the property, and requests the State Party to ensure that any large-scale industrial and/or infrastructure developments will not be allowed to proceed before the SEA has been completed, and to submit a copy of the SEA to the World Heritage Centre for review by IUCN, in accordance with Paragraph 172 of the Operational Guidelines, as soon as it is available;
5. Also welcomes the information provided on ecological monitoring and notes with concern that sea level rise, salt intrusion and reductions in fresh water flows are posing a threat to the Sundarbans’ ecosystem and that the property is particularly vulnerable to impacts from these threats;
6. Takes note of the critical importance of transboundary cooperation between the States Parties of Bangladesh and India on the World Heritage properties “The Sundarbans” (Bangladesh) and “Sundarbans National Park” (India), further welcomes the efforts made by both States Parties to enhance collaboration, and urges the State Party of Bangladesh to fully implement the recommendations made by the 2016 mission in relation to ensuring adequate freshwater inflows to the property;
7. Also requests the State Party to make constant efforts to fully implement all the other recommendations made by the 2016 Reactive Monitoring mission;
8. Welcomes furthermore the development of a draft “National Oil Spill and Chemical Contingency Plan” (NOSCOP), and further requests the State Party to ensure adequate provision of funding and human resources for the implementation of the plan once it is adopted, and to provide further information and data on the monitoring of long-term impacts from recent shipping incidents involving spills of hazardous materials in proximity to the property and requests furthermore the State Party to put in place a management system for shipping to minimize negative impacts on the property, including from associated activities such as dredging;
9. Reiterates its request to the State Party to undertake the Environmental Impact Assessment (EIA) for any future dredging of the Passur River to include an assessment of impacts on the Outstanding Universal Value (OUV) of the property, as requested by the Committee;
10. Also takes note of the mission’s concerns about the likely environmental impacts of the Rampal coal-fired power plant on the property arising from air and water pollution, a substantial increase in shipping and dredging, and additional removal of freshwater from an already increasingly saline environment and requests furthermore the State Party to ensure that these impacts are comprehensively assessed as part of the SEA and adequate technological measures are put in place to mitigate these impacts and to put in place adequate measures to mitigate these impacts, in order to avoid damage to the OUV of the property;
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 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.Add,

2.  Recalling Decision 35 COM 7B.23, adopted at its 35th session (UNESCO, 2011),

3.  Notes with serious concern that the permit for operation of the Baikalsk Paper and Pulp Mill (BPPM) has been extended to 2015 without adequate measures being in place to address the problem of waste water discharged into the lake, recalls the State Party’s commitment made at the 34th session (Brasilia, 2010), to develop and implement a closed-loop water system by December 2012;

4.  Requests the State Party, in the event that the required investment for the closed-loop water system is not secured by December 2012, to close the Baikalsk Paper and Pulp Mill (BPPM), and considers that the continued operation of BPPM without adequate measures in place to address the considerable negative environmental impacts would represent a clear ascertained danger to the property’s Outstanding Universal Value as defined in paragraph 180 of the Operational Guidelines;

5.  Welcomes the State Party’s efforts to develop alternatives for the socio-economic development of the town of Baikalsk and its surroundings, but also considers that as long as an adequate solution to the environmental impacts resulting from the Baikalsk Paper and Pulp Mill is pending, the effectiveness of these efforts is likely to be limited;

6.  Further considers changes in the Baikal special law which would allow for the development of mineral deposits inside the Central Ecological Zone would represent a clear potential danger to the Outstanding Universal Value of the property, in line with Paragraph 180 of the Operational Guidelines and reiterates its established position that mining is incompatible with World Heritage status;

7.  Also requests the State Party to implement the 2011 joint World Heritage Centre/IUCN reactive monitoring mission recommendations, in particular to:

a)  assist BPPM in obtaining as a matter of urgency the required investment to effectively implement the closed-loop water treatment system and to ensure that this investment is used for this purpose and not for enhancing the existing production system,

b)  continue the effective implementation of a long-term alternative livelihoods strategy for the town of Baikalsk,

c)   develop, under the umbrella of the Special Law for Baikal, an integrated management plan and land-use planning for this World Heritage property that fully considers all proposed projects, including the mega-project proposed for the development of a Special Economic Zone for tourism in Buryatia, to ensure that they are implemented in a way that is compatible with the Outstanding Universal Value and conditions of integrity of this property. Such an integrated management plan should also consider options to address the impact associated to the pollution coming into the lake from the Upper Angara and the Selenga rivers;

8.  Expresses its concern about the potential direct and indirect environmental impacts from the development of the “Baikal Harbour” Special Economic Zone for tourism and further requests the State Party to submit an Environmental Impact Assessment, including an assessment of potential impact on the Outstanding Universal Value of the property, to the World Heritage Centre in line with Paragraph 172 of the Operational Guidelines;

9.  Expresses its utmost concern about Federal Law No. 365-FZ dated 30 November 2011, which significantly weakens the protection status of Strict Nature Reserves and therefore could affect the Outstanding Universal Value of World Heritage properties in the Russian Federation and also reiterates its request to the State Party to take appropriate legal measures to maintain a high level protection of the World Heritage properties on its territory, in accordance with Paragraph 15(f) of the Operational Guidelines;

10.  Recommends that all legal issues concerning natural properties in the Russian Federation, which are composed of federal and regional protected areas, be addressed through a comprehensive  national legal framework for the protection and management of natural World Heritage properties in order to ensure the fulfillment of the State Party's obligations under the Convention and requests furthermore the State Party to convene a high-level workshop to assist in developing such a framework, in consultation with the World Heritage Centre and IUCN;

11.  Requests moreover the State Party to submit to the World Heritage Centre, by 1 February 2013,a report on the state of conservation of all component protected areas of the property, including Zabaikalskiy and Pribaikalskiy National Parks, as well as on the implementation of the points noted above, for examination by the World Heritage Committee at its 37th session in 2013, with a view to considering, in the absence of substantial progress, the inscription of the property on the List of World Heritage in Danger.

The World Heritage Committee,

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

2. Recalling Decision 34 COM 7B.22, adopted at its 34th session (Brasilia, 2010),

3. Regrets that it was not possible to organize the meeting with the Russian authorities and other stakeholders to identify how impacts of the re-opening of the Baikalsk Paper and Pulp Mill (BPPM) on the Outstanding Universal Value of the property can be addressed, and requests that this be organized as soon as possible;

4. Reiterates its serious concern regarding the re-opening of the BPPM without a close-loop water system, as well as the continued pollution from the Selenga river, and its potentially critical impact on the Outstanding Universal Value of Lake Baikal, and therefore also requests the State Party to review its decision to reopen BPPM;

5. Considers that further weakening of the norms for the discharge of chemicals into the lake or the continued operation of BPPM without a closed water cycle beyond the 30-month period, which was announced by the State Party at the 34th session (expiring in December 2012), would further threaten the Outstanding Universal Value of the property and provide a clear basis for inscription of the property on the List of World Heritage in Danger;

6. Urges the State Party to ensure a careful monitoring and enforcement of the norms established by the State Party in Order No.63 of 5 March 2010 throughout this short-term period of operation;

7. Encourages the State Party to extend its efforts to develop and implement a long-term alternative livelihoods strategy for the town of Baikalsk, and to consider the investment of limited finances in such efforts as an alternative investment strategy to maintaining the potentially uneconomic operation of BPPM;

8. Further requests the State Party to confirm that no mining or mineral exploration will be permitted within the property as inscribed on the World Heritage List, in line with the World Heritage Committee's clear position that mining is incompatible with World Heritage status, and the international policy statement of the International Council of Mining and Metals (ICMM) of not undertaking these activities in World Heritage properties;

9. Reiterates its request to the State Party to clarify the extent of the reportedly planned marina within the territory of the Republic of Buriatia and submit its Environmental Impact Assessment to the World Heritage Centre prior to granting permission for the development, in accordance with Paragraph 172 of the Operational Guidelines, and requests furthermore the State Party to verify information regarding the location of this development with the World Heritage Centre;

10. Requests moreover the State Party to submit to the World Heritage Centre a further report, by 1 February 2012, on the state of conservation of the property, and in particular progress made in preventing the discharge of untreated wastewater into Lake Baikal, addressing continuing high levels of pollution in the Selenga River, developing a comprehensive tourism and livelihood strategy for the property, and the confirmation that there are no planned mining activities within the property, for examination by the World Heritage Committee at its 36th session in 2012.

The World Heritage Committee,

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

2. Recalling Decision 32 COM 7B.24, adopted at its 32nd session (Quebec City, 2008),

3. Welcomes the measures taken by the State Party to strengthen the management of the property, to confirm the operating budget and to reduce locally-generated pollution in Lake Baikal, and in particular, to finalise the closed water system within the Baikalsk pulp and paper mill;

4. Notes with concern that measures to halt illegal constructions on the shores still appear to be ineffective, that ongoing problems of local pollution in the Baikal inshore water area persist and that the contents of heavy metals in the water of the Selenga River and its delta exceed the maximum allowed concentrations;

5. Requests the State Party to further enhance its efforts in relation to the conservation of the property, including the following actions:

a) Clarify the effectiveness and strengthen, if necessary, the legal provisions relevant to the protection of the property, including on the draft resolution 'On amendment of the list of categories of activities prohibited in central ecological zone of the Baikal natural territory',

b) Rapidly establish enhanced town-planning and land-use regulations to prevent illegal development in the property, and increase its control over such development,

c) Develop and implement a comprehensive tourism strategy for the property,

d) Enhance the regulation and monitoring of pollution in Lake Baikal;

6. Also requests the State Party to provide detailed information on the proposal to lower the water level of the lake and its possible impact on the Outstanding Universal Value of the property;

7. Further requests the State Party to submit to the Word Heritage Centre by 1 February 2011, a detailed report on the state of conservation of the property addressing the points above, for examination by the World Heritage Committee at its 35th session in 2011.

The World Heritage Committee,

1.Having examined Document WHC-07/31.COM/7B,

2.Recalling Decision 30 COM 7B.8, adopted at its 30th session (Vilnius, 2006),

3.Expresses its concern about uncontrolled urban development, unplanned tourism development, noise and water pollution, and invasive species, which continue to threaten the integrity of the property;

4.Regrets that the recommendations of the 2002 bi-lateral workshop have not yet been implemented;

5.Notes with satisfaction some progress made in the development of a Joint Integrated Management Plan and national management plans;

6.Also notes the State Party of Zambia's moratorium on some construction and tourism infrastructure projects;

7.Urges both States Parties of Zambia and Zimbabwe to urgently implement the recommendations of the 2002 bilateral workshop and those of the 2006 monitoring mission as follows:

     a)Establishment of a Joint Ministerial Committee (including appropriate technical sub-committees) for effective transboundary coordination,

     b)Implementation of the Joint Integrated Management Plan for the World Heritage property and secure necessary approvals and funding for its implementation. All issues related to development of infrastructure, tourism facilities and services, eradication of invasive species, control of pollution and extraction of water from the Zambezi should be fully considered and addressed in the Joint Integrated Management Plan, consistent with the recommendations of the 2002 bilateral workshop,

     c)Pending action by the two States Parties on these points, there should be a complete moratorium on the construction and development of all tourism infrastructure, facilities or services within the World Heritage property,

     d)Development of a draft statement of desired state of conservation which can be assessed during the monitoring of the property's state of conservation and better address management and protection concerns;

8.Commends the State Party of Zambia for the immediate cessation of the Mosi-oa-Tunya Hotel and Country Club Estate project and the tethered balloon project;

9.Invites both States Parties to work closely with IUCN and the World Heritage Centre for development of the Joint Integrated Management Plan and for building the capacity needed for its implementation;

10.Requests both States Parties to provide to the World Heritage Centre by 1 February 2008 detailed reports on the state of conservation of the property, including information on the potential impact of all new tourism developments, as well as progress made in implementing the Joint Integrated Management Plan and the other recommendations of the 2006 monitoring mission for examination by the Committee at its 32nd session in 2008.

The World Heritage Committee,

1.       Having examined Document WHC-07/31.COM/7B,

2.       Recalling Decision 30 COM 7B.18, adopted at its 30th session (Vilnius, 2006),

3.       Welcomes the decision to establish the boundaries of the Central Ecological Zone to coincide with the boundaries of the World Heritage property, as well as the establishment of a clear timeline to convert the Baikalsk Pulp and Paper Mill to a closed water cycle;

4.       Urges the State Party to strengthen its efforts on implementing the other recommendations of the 2005 joint World Heritage Centre/IUCN mission, in particular to:

a)      diminish and control other sources of pollution affecting the property, and

b)      cooperate with the State Party of Mongolia, to include other chemical elements in the 1995 agreement on the water quality of the Selenga river;

5.       Requests the State Party to provide detailed information and expert legal advice to clarify potential conflicts associated with the new amendments to the Federal Law "On Environmental Impact Assessment", as well as those related to the implementation of the Federal Law "On Special Economic Zones in the Russian Federation" and the special Federal Law "On Protection of Lake Baikal", which might lead to reducing the protective status of Lake Baikal;

6.       Further requests the State Party to clarify measures available and being put in place to control the sale of land within the World Heritage property;

7.       Urges the State Party to set up a legal and administrative framework to manage recreation and tourism within the property to ensure adequate funding of the monitoring of the property, including water pollution, and to further develop the current monitoring effort into a comprehensive monitoring system to support the implementation of the management plan;

8.       Also urges the State Party to complete, as soon as possible, the re-establishment of the Baikal Commission and to finalise the implementation of the re-conversion plan for the Baikalsk Pulp and Paper Mill within the proposed timeframe;