Case Law

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/16/40.COM/7B.Add,
2. Welcomes the State Party’s decision to not authorize the Tusayan residential and commercial development, which had the potential to impact the Outstanding Universal Value (OUV) of the property;
3. Also welcomes the establishment in 2012 of a 20-year uranium mining withdrawal from 400,000 hectares of land around the Grand Canyon and the ongoing 15-year scientific study to better understand environmental impacts from uranium mining near the property;
4. Notes with significant concern that there are 11 consented uranium mining proposals in the area surrounding the property that are exempt from the 20-year withdrawal due to valid existing rights, and considers that such mining activities, if they were to proceed, could have significant direct and cumulative impacts on the OUV of the property;
5. Reiterates its position that mineral exploration or exploitation is incompatible with World Heritage status, which is supported by the International Council of Mining and Metals’ (ICMM) Position Statement;
6. Requests the State Party to ensure that Environmental Impact Assessments (EIA) are completed for the proposed uranium mining developments, particularly prior to resuming operations for the Canyon Mine project, temporarily closed in 2013, which should include a specific assessment of the impact on the OUV, in line with IUCN’s World Heritage Advice Note on Environmental Assessment;
7. Also notes with concern that the Grand Canyon Escalade project may have negative impacts on the OUV of the property, and also requests the State Party to submit to the World Heritage Centre updated information on the status of this project and its review process;
8. Further 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.

Decision:       37 COM 7B.8

The World Heritage Committee,

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

2.         Recalling Decision 33 COM 7B.11, adopted at its 33rd session (Seville, 2009),

3.         Commends the State Party for its rapid response to the letter from the World Heritage Centre and for the exemplary management of the property;

4.         Requests the State Party to take all necessary measures to ensure that the mining activities undertaken in the region of the property do not have a negative impact on the Outstanding Universal Value (OUV), and reiterates that mining activities and oil and gas exploration and exploitation are incompatible with World Heritage status;

5.         Welcomes the information provided by the State Party that work on the road that would connect the village of Mamghar with the Nouakchott – Nouadhibou road has been halted, pending the implementation of a number of ministerial conditions, and also requests the State Party to submit to the World Heritage Centre copies of the Environmental Impact Assessments for this road and the other developments in the municipality of Nouamghar, in line with Paragraph 172 of the Operational Guidelines;

6.         Further requests the State Party to notify the World Heritage Committee of any development that might negatively impact the property before any decisions are taken that are difficult to reverse, in line with Paragraph 172 of the Operational Guidelines;

7.         Encourages the State Party to continue providing adequate financial and material resources to the park authorities in order to prevent illegal fishing within and in the immediate surroundings of the property;

8.         Requests furthermore the State Party to invite an IUCN reactive monitoring mission to the property, in order to assess the potential impacts from mining, fisheries and oil exploration on the OUV of the property and the measures taken to mitigate them and provide recommendations for the continued protection of its OUV;

9.         Finally requests the State Party to submit to the World Heritage Centre, by 1 February 2015, a report on the state of conservation of the property, including a report on progress with the implementation of the above requests, for examination by the World Heritage Committee at its 39th session in 2015.

The World Heritage Committee,

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

2. Recalling Decision 32 COM 8B.10, adopted at its 32nd session (Quebec City, 2008),

3. Welcomes the efforts of the State Party, in particular the authorities in New Caledonia, customary owners, NGOs and other stakeholders to improve the management of the property, through the establishment of co-management committees and the Conservatory of Natural Areas (Conservatoire des Espaces Naturels - CEN);

4. Expresses its serious concern about the permits granted to the mining company GEOVIC to explore for cobalt in mineral sands in areas adjacent to the property, considers that exploration and mining in these areas could have significant adverse impacts on the property's Outstanding Universal Value, and recalls that mining activities adjacent to World Heritage properties are incompatible with World Heritage status if these affect their Outstanding Universal Value;

5. Requests the State Party to submit Environmental Impact Assessments for the proposed exploration and possible exploitation of cobalt sands to the World Heritage Centre, in line with Paragraph 172 of the Operational Guidelines, prior to taking a decision on whether to permit these activities;

6. Also requests the State Party to implement the recommendations from the 2011 IUCN monitoring mission, in particular:

a) Maintain technical, financial and administrative support for the operation and members of the co-management committees to implement relevant decisions and recommendations and enforce legislations,

b) Facilitate the finalization and implementation of the co-management plans, and incorporate appropriate climate change considerations with particular attention to planning, monitoring and disaster risk reduction,

c) Evaluate effectiveness of participatory governance and management responsiveness,

d) Ensure timely response to threats identified and concerns raised relating to risks from mining exploration and exploitation and non-compliance of regulations for the protection of the property;

7. Further requests the State Party to submit to the World Heritage Centre, by 1 February 2013, a report on the state of conservation of the property, including a report on progress achieved by the Conservatory of Natural Areas (CEN) to enhance coordinated management of the entire serial property, progress achieved in the implementation of the IUCN mission recommendations, and an update on the status of GEOVIC's proposals to explore and mine cobalt sands in areas adjacent to the property.