Case Law

The World Heritage Committee,

1. Having examined Document WHC/17/41.COM/7B.Add,
2. Recalling Decision 40 COM 7B.92, adopted at its 40th session (Istanbul/UNESCO, 2016),
3. Welcomes the decision by the State Party of Belarus to increase the strict protection zone of the Belarussian part of the property;
4. Notes the information provided by the States Parties regarding the activities termed sanitary cuttings undertaken in the Polish part of the property and the conclusions of the Strategic Environmental Assessment (SEA) of the Amendment to the Forest Management Plan for the Białowieża Forest District but, noting that the separate evaluation of potential impacts on the Outstanding Universal Value (OUV) of the property mainly summarized the conclusions of the SEA, considers that the focus of the SEA on assessing potential impacts to the Natura 2000 site “Puszcza Białowieska”, does not represent an adequate assessment of impacts on the OUV of the property;
5. Reiterates its position that commercial timber extraction within the entire property would represent a potential danger to the property in accordance with Paragraph 180 of the Operational Guidelines, and notes with utmost concern the infringement decision issued by the European Commission in relation to Białowieża Forest in Poland, which noted that increased logging is likely to adversely affect the conservation of the site's habitats and species as well as cause irreparable biodiversity loss, including through removal of 100-year and older trees, and that these measures would, according to the evidence available, exceed those that would be necessary for ensuring the safe use of the forest;
6. Reiterates its request to the State Party of Poland to maintain the continuity and integrity of protected old-growth forest in Białowieża Forest and strongly urges it to immediately halt all logging and wood extraction in old-growth forests, and to clarify third party reports about logging targeting species other than those affected by bark beetle, which cannot be justified as so-called sanitary cuttings;
7. Requests the States Parties to invite a joint World Heritage Centre/IUCN Reactive Monitoring mission to the property to evaluate current and potential impacts of ongoing and planned forest management operations on the OUV of the property and to assess whether the property meets the criteria for inscription on the List of World Heritage in Danger;
8. While also noting the conclusion of the States Parties that the preparation of the Transboundary Management Plan for the property will require several years, also reiterates its request to the States Parties to prepare such a Plan as a matter of priority in order to ensure a coordinated approach to the management of the property and to guarantee that no actions can be allowed within the entire property that could negatively impact on its OUV;
9. Also requests the States Parties 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 , with a view to considering in case of confirmation of ascertained or potential danger to Outstanding Universal Value, the possible inscription of the property on the List of World Heritage in Danger.

The World Heritage Committee,

1. Having examined Document WHC/17/41.COM/7A.Add,
2. Recalling Decision 40 COM 7A.49, adopted at its 40th session (Istanbul/UNESCO, 2016),
3. Adopts the Desired state of conservation for the removal of the property from the List of World Heritage in Danger (DSOCR) submitted by the State Party (see Document WHC/17/41.COM/7A.Add) and requests the State Party to develop, in consultation with the World Heritage Centre and IUCN, a set of corrective measures to guide action towards achieving the DSOCR;
4. Calls upon the international community to provide support to the State Party in its efforts to implement the DSOCR and to develop sustainable livelihoods for the customary owners of the property;
5. Commends the State Party for undertaking important steps aimed at consolidating the conservation and management of the property, including the adoption of the Cabinet Paper which provides a strategic framework for the various measures required to ensure the conservation of the property and the establishment of the inter-ministerial Core Team for Heritage which will oversee the process;
6. Welcomes the State Party’s decision to organize a national Round Table to discuss future strategies for the property and the State Party’s commitment to ensuring the inclusion of all stakeholders in the process;
7. Notes the Cabinet decision to revoke and/or refuse granting any felling licences for areas within the property, but considers that a permanent legal mechanism should be put in place to ensure that no commercial logging can be permitted within the property in the future, and therefore urges the State Party to expedite the designation of the property under the Protected Areas Act and the finalization of the Management Plan, with the consent of the customary owners;
8. Also notes the information provided by the State Party that no bauxite mining activities in the property take place and also urges the State Party to defer consideration of bauxite mining license applications until a better understanding of the ecological links between East and West Rennell is available;
9. Notes with concern that a proposal for a rat eradication project has been put on hold due to uncertainties about governance mechanisms and further urges the State Party to take urgent measures to clarify these uncertainties, in order to address the threat of invasive species, in line with the DSOCR, including by seeking international support from States Parties with significant expertise in eradication of invasive species;
10. Also 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;
11. Decides to retain East Rennell (Solomon Islands) on the List of World Heritage in Danger.

The World Heritage Committee,

1. Having examined Document WHC/17/41.COM/7B,
2. Recalling Decision 39 COM 7B.19, adopted at its 39th session (Bonn, 2015),
3. Welcomes the efforts of the State Party of Slovakia to explore how sustainable tourism could contribute to sustainable development around the property as well as the information provided by the State Party regarding the establishment of a new nature reserve and of an “ecological functional area” covering parts of the property located within Poloniny National Park, but notes with utmost concern that, despite these measures and the voluntary commitment of some entities involved not to carry out logging operations, only parts of the Slovak components of the property are currently legally protected against logging;
4. Also notes with concern that no Integrated Management Plan (IMP) has been established for the Slovak components of the property; reiterates its request to the State Party of Slovakia to ensure that no logging operations take place within the property’s boundaries until this issue is resolved through the development, in consultation with the other States Parties for this property, of an IMP for the Slovak components of the property, focused on nature conservation and taking into account all international designations, such as World Heritage property, Biosphere Reserve, European Diploma and Natura 2000 and urges the State Party to ensure that no logging will be possible within the property’s boundaries after the adoption of the plan;
5. Takes note that negotiations regarding possible boundary modifications of the Slovak components of the property are planned to be completed in 2017, and also urges the State Party of Slovakia to submit a proposal for such boundary modifications as soon as possible, after consultation with the other States Parties for this property;
6. Also welcomes the State Party’s progress made in implementing the recommendations of the 2014 Reactive Monitoring mission and requests the State Party to continue its efforts to complete the implementation of all mission recommendations;
7. Considers that, unless urgent measures are taken to address the lack of an adequate protection regime of the Slovak components of the property and to ensure that their boundary delineation is adequate, their protection from logging and other potential threats cannot be guaranteed in the long-term, which would clearly constitute a potential danger to the OUV of this serial transnational property as a whole, in line with Paragraphs 137 and 180 of the Operational Guidelines;
8. Also requests the State Party of Slovakia, in consultation with the other States Parties for this property, 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-14/38.COM/7A,
2. Recalling Decision 37 COM 7A.10, adopted at its 37th session (Phnom Penh, 2013),
3. Welcomes the efforts undertaken by the State Party in the areas of defence and land restoration, demining and reinforcement of the physical presence of forestry agents in the property, and requests the State Party to continue its efforts to implement the corrective measures and strengthen the management structure of the property, by providing the necessary human, material and financial resources for its efficient operation;
4. Expresses its deep concern regarding the degradation of the Outstanding Universal Value (OUV) of the property linked to the illegal activities such as poaching and abusive logging, and requests the State Party to prioritize the combat against these illegal activities;
5. Takes note of the information provided by the State Party according to which an inventory mission is foreseen for 2014 to confirm and quantify the presence of flagship wildlife species (white antelope, dama gazelle and Saharan cheetah) within the property, and reiterates its request to the State Party to invite an IUCN reactive monitoring mission to the property as soon as the results of this inventory are available, to assess its state of conservation, update the corrective measures and establish a timetable for their implementation, and to develop a proposal for the Desired state of conservation for the removal of the property from the List of World Heritage in Danger;
6. Also requests the State Party to provide more information together with maps concerning the demining activities within the property;
7. Also takes note of information provided by the State Party concerning the absence of extraction activities in and on the periphery of the property and further requests the State Party to submit to the World Heritage Centre, by 1 February 2015 a detailed report, including a 1-page executive summary on the state of conservation of the property and the implementation of the above-mentioned points, for examination by the World Heritage Committee at its 39th session in 2015;
8. Decides to retain the Air and Ténéré Natural Reserves (Niger) on the List of World Heritage in Danger.

The World Heritage Committee,

1.  Having examined Document WHC-13/37.COM/7B.Add,

2.  Recalling Decision 35 COM 8B.13 , adopted at its 35th session (UNESCO, 2011),

3.  Expresses its concern about the level of threats which might be affecting the Outstanding Universal Value and integrity of the property and about the lack of adequate management response to address those pressures;

4.  Requests the State Party of Slovakia to ensure that a comprehensive vision for development around the Slovak component of the property and practical guidance for achieving an effective protection of its Outstanding Universal Value and in particular its integrity be included in the management plan requested by the Council of Europe, in order to ensure that both the requirements of the Convention and those of the Council of Europe can be met in one single management plan;

5.  Also requests the State Party of Slovakia to strengthen cooperation between different Ministries and Agencies relevant for the management of the property and to ensure that the World Heritage status of the property is recognized in their strategies and plans;

6.  Urges the State Party of Slovakia to halt unsustainable logging activities within component sites of the World Heritage property;

7.  Recalls that an Environmental Impact Assessment (EIA) should be conducted and submitted to the World Heritage Centre for all development projects within the property and its surroundings that could affect its Outstanding Universal Value, in line with paragraph 172 of the Operational Guidelines , and further requests the State Party of Slovakia to immediately halt all infrastructure development that could affect the Outstanding Universal Value of the property until such EIAs are conducted ;

8.  Encourages the State Parties of Germany, Slovakia and Ukraine to enhance their transnational cooperation and to implement the recommendations adopted in its Decision 35 COM 8B.13 , in particular the establishment of an integrated management system for the trilateral property  to ensure the protection of the functional linkages between the component parts, as well as research and monitoring plans in order to monitor the property as a whole, and the development of capacity building to share best practices;

9.  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 the implementation of the above, for examination by the World Heritage Committee at its 38th session in 2014.