Case Law

Decision: 41 COM 7A.27

The World Heritage Committee,

1. Having examined Document WHC/17/41.COM/7A,
2. Recalling Decision 40 COM 7A.5, adopted at its 40th session (Istanbul/UNESCO, 2016),
3. Appreciates the continued efforts by the State Party in implementing the corrective measures adopted in Decision 38 COM 7A.23, and recognizes the steady progress in conservation and management of both public and private structures within the property;
4. Also appreciates the inclusion of Community Councils and the two communities at large as integral participants in the property’s conservation and management efforts, and commends the State Party on its initiatives for capacity building and transmission of traditional know-how for the sustainable development and use of the property;
5. Notes that the State Party requires additional time for the implementation of the corrective measures, as updated in Decision 39 COM 7A.48, and therefore requests the establishment of a new detailed timeframe for the implementation of the outstanding corrective measures;
6. Also notes the preliminary proposal submitted by the State Party to redefine the property’s boundaries and buffer zones, and also requests the State Party to work with ICOMOS to consider options for the redefinition of the property’s boundaries as a matter of priority, considering its primacy for continued management and conservation efforts;
7. Also urges the State Party to finalize and submit the property’s Management Plan, including the disaster risk management plan, taking into account the definition of the property’s boundaries;
8. Recognizing the advancements in diagnosing and proposing potential solutions for the property’s drainage system, further urges the State Party to develop a prioritized and costed plan to begin the implementation of these solutions;
9. Further requests the State Party to provide, as noted in the recommendations of the 2015 ICOMOS Advisory mission report, clear and comprehensive information on the progress towards the full implementation of the entire set of corrective measures;
10. Considers that once the State Party has resolved the boundary definition process, and has demonstrated significant progress in implementing the Management Plan and an adequate drainage system, an assessment could then be made to determine whether the Desired state of conservation for the removal of the property from the List of World Heritage in Danger (DSOCR) has been reached;
11. Requests furthermore 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;
12. Decides to retain Coro and its Port (Venezuela (Bolivarian Republic of)) on the List of World Heritage in Danger.

The World Heritage Committee,

1. Having examined Document WHC/17/41.COM/7A,
2. Recalling Decision 40 COM 7A.9, adopted at its 40th session (Istanbul/UNESCO, 2016),
3. Continues to express great concern regarding the state of conservation of the property and the low level of implementation of the recommended corrective measures;
4. Notes that the State Party has submitted a schedule of management actions and projects, but urges it to prepare a comprehensive integrated Management Plan for the property;
5. Also urges the State Party to proceed with comprehensive implementation of the corrective measures, to protect and conserve the Outstanding Universal Value (OUV) of the property, with particular attention to the Management Plan and the following issues:
   1. Preparation of a conservation plan for the entirety of the property, which includes a condition survey and the identification of priority interventions to ensure stabilization of archaeological remains,
   2. Removal of inadequate new constructions and the creation of facilities to allow for religious uses in areas outside the boundaries of the property and its buffer zone;
6. Welcomes the ‘Efficiency-Raising and Maintenance of the Groundwater Lowering’ project, but reiterates its request that the State Party undertake an analysis of ways to address the underlying causes of the rising water table and elaborate a project to address them, as well as mitigation measures for the archaeological remains once the water table has been lowered and stabilized;
7. Also notes that the State Party has invited a technical Advisory mission to the property to provide advice on appropriate irrigation and water management technologies;
8. Requests the State Party to submit a revised modification of the boundaries of both the property and buffer zone, in accordance with Paragraphs 163-165 of the Operational Guidelines, for examination by the World Heritage Committee;
9. Also requests the State Party to submit, in accordance with Paragraph 172 of the Operational Guidelines, a Heritage Impact Assessment (HIA) for the proposed visitor centre, which has particular regard to potential impact on the OUV of the property, and is prepared in accordance with the ICOMOS Guidance on HIAs for Cultural World Heritage properties;
10. Further requests the State Party to submit, in accordance with Paragraph 172 of the Operational Guidelines, details for all other on-going or planned restoration interventions at the property, particularly those at the Great Basilica, the reburial strategy, and initiatives arising from the project for restoration and rehabilitation of the property prepared by the Ministry of Antiquities and the Abu Mena Monastery administration, for review prior to implementation;
11. Requests furthermore 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;
12. Decides to retain Abu Mena (Egypt) on the List of World Heritage in Danger.

The World Heritage Committee,

1. Having examinedDocument WHC/16/40.COM/7A,
2. RecallingDecisions 38 COM 7A.1 and 39 COM 7A.24, adopted at its 38th (Doha, 2014) and 39th (Bonn, 2015) sessions respectively,
3. Notes that encroachments by local communities have been removed from the property and buffer zone;
4. Expresses its great concern regarding the state of conservation of the property and the implementation level of the recommended corrective measures;
5. Takes note that the State Party will start the elaboration of a comprehensive and integrated Management Plan for the property in 2017;
6. Urges the State Party to resume the implementation of the corrective measures, to protect and conserve the Outstanding Universal Value (OUV) of the property, with particular attention to the following issues:
   1. Prepare a conservation plan for the property, which includes a condition survey and the identification of priority interventions to ensure stabilization of archaeological remains,
   2. Initiate consultations with stakeholders including local communities to develop a programme for the removal of inadequate new constructions and the creation of facilities to allow for religious uses in areas outside the boundaries of the property and its buffer zone;
7. Also urgesthe State Party, and in particular its Ministry of Agriculture and the Ministry of Irrigation, to undertake an analysis of ways to address the underlying causes of the rising water table and elaborate a project to address those causes as well as mitigation measures for the archaeological remains once the water table has been lowered and stabilized;
8. Requests the World Heritage Centre to assist the State Party in providing adequate expertise thereon, and suggests that the State Party might consider inviting a technical Advisory mission to the property, to be paid for by the State Party, to provide advice on appropriate irrigation and water management technologies;
9. Also requeststhe State Party to submit a revised modification of the boundaries of both the property and buffer zone, in accordance with Paragraphs 163-165 of the Operational Guidelines, for examination by the World Heritage Committee;
10. Further requeststhe State Party to submit, in accordance with Paragraph 172 of the Operational Guidelines, details of all on-going or planned restoration interventions at the property, particularly those at the Great Basilica, the reburial strategy, and visitor centre project, as well as initiatives arising from the project for restoration and rehabilitation of the property prepared by the Ministry of Antiquities and the Abu Mena Monastery administration, for review prior to implementation, such details to include Heritage Impact Assessments (HIA);
11. Requests furthermore the State Party to submit to the World Heritage Centre, by 1 February 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 41st session in 2017;
12. Decides to retain Abu Mena (Egypt) on the List of World Heritage in Danger.

The World Heritage Committee,

1. Having examined Document WHC/16/40.COM/7A.Add,
2. Recalling Decision 39 COM 7A.28, adopted at its 39th session (Bonn, 2015),
3. Notes that conservation works for the roof of the Church of the Nativity have been completed and acknowledges the progress made in addressing conservation conditions at the architectural ensemble and the rehabilitation works undertaken at other areas in the property;
4. Also notes that a joint World Heritage Centre/ICOMOS Advisory mission will be carried out at the property and will allow evaluating the restoration works that have been carried out at the Church of the Nativity, and discussing with the State Party the contents of an Integrated Conservation Plan for past and future interventions;
5. Requests the State Party to develop the Integrated Conservation Plan, as per the adopted corrective measures, which should include in one synthetic document, among other items, the following:
   1. Systematized condition assessment that includes all existing condition recording surveys, analysis and historic documentation,
   2. Identification of attributes which embody specific values according to the evolution of the ensemble and its character defining features,
   3. Overarching conservation philosophy and specific principles for conservation interventions in accordance to the Outstanding Universal Value (OUV) of the property and other relevant local values,
   4. Costed and prioritised conservation action plan for all component parts of the architectural ensemble with a timeframe for implementation,
   5. Additional measures for presentation, interpretation, environmental control, fire prevention, risk preparedness, maintenance and monitoring;
6. Also requests to the State Party to prioritize and secure the necessary resources for the development of the Management Plan for the property and to provide an electronic and three printed copies of the Plan for review by the World Heritage Centre and the Advisory Bodies;
7. Reiterates its request to the State Party to submit to the World Heritage Centre, for review by the Advisory Bodies, concept proposals for the Manger Square Tunnel and the Manger Square village before plans are finalised or commitments made to their implementation;
8. Further notes the request made by the State Party to remove the property from the List of World Heritage in Danger but considers that the planned Advisory mission will allow discussing this request with the State Party to ensure full implementation of the corrective measures before the removal of the property from the List of World Heritage in Danger;
9. Further requests the State Party to submit to the World Heritage Centre, by 1 February 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 41st session in 2017;
10. Decides to retain Birthplace of Jesus: Church of the Nativity and the Pilgrimage Route, Bethlehem (Palestine) on the List of World Heritage in Danger.

The World Heritage Committee,

1. Having examined Document WHC-14/38.COM/7A,
2. Recalling Decision 37 COM 7A.23 adopted at its 37th session (Phnom Penh, 2013),
3. Commends the efforts made by the State Party in the implementation of measures at the property and urges it to continue with the implementation of the corrective measures, with particular attention to the following:
   1. Undertake detailed condition surveys to identify priority interventions to ensure stabilization of archaeological remains,
   2. Define a comprehensive strategy to address drainage of groundwater and impacts from other sources of humidity,
   3. Finalize discussions with involved communities and develop a programme for the removal of inadequate new constructions and the creation of facilities to allow for religious uses in areas outside the boundaries of the inscribed property and its buffer zone,
   4. Further develop the management plan to establish a clear policy framework, identify strategies and actions, with precise timeframes, costs and responsibilities for implementation, in main issues for the property such as archaeological research, conservation, maintenance, protection, visitor use, among others. The developed plan should also include clear provisions for the management of the proposed buffer zone,
   5. Finalize the surveys to identify adequate boundaries for the property and buffer zones and submit, by 1 February 2015, a proposal for a minor boundary modification, in accordance with Paragraphs 163-165 of the Operational Guidelines, for examination by the World Heritage Committee;
4. Requests the State Party to submit, in accordance with Paragraph 172 of the Operational Guidelines, details of all on-going or planned restoration interventions at the property, particularly those at the Great Basilica and the reburial strategy, for review prior to implementation;
5. Also requests the State Party to submit to the World Heritage Centre, by 1 February 2015, 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 39th session in 2015;
6. Decides to retain Abu Mena (Egypt) on the List of World Heritage in Danger.

The World Heritage Committee,

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

2.  Recalling Decision 36 COM 7A.20, adopted at its 36th session (Saint-Petersburg, 2012),

3.  Notes with alarm the devastating effect the de-watering has had on the archaeological remains, and urges the State Party to undertake conservation condition surveys as soon as possible and establish a prioritized treatment programme that could be implemented urgently;

4.  Also notes the need to delay immediate de-watering of the remaining archaeological areas until adequate stabilisation methodologies have been devised and in the meantime to consider burying existing remains on the basis of a detailed re-burial strategy;

5.  Expresses its concern at the inappropriate dismantling and rebuilding carried out at the Great Basilica and its impact on authenticity, and also urges the State Party not to undertake further reconstruction;

6.  Requests the State Party to demolish the inappropriate structures that have been built around parts of the monuments (apart from the temporary wooden church and pilgrim rest house to be considered at a later stage) as soon as possible and put in place a moratorium on all construction within the property;

7.  Recommends that the State Party develops a visitor strategy, within the framework of a Management Plan, that allows for a coordinated approach to all visitations and to the provision of information and interpretation for both visitors to the archaeological site and for pilgrims;

8.  Notes the progress that has been made by the State Party in recent years, in particular regarding the de-watering of the site, and also requests work on basic surveys and conservation plans or on the Management Plan, all of which are part of the corrective measures;

9.  Encourages the State Party to continue the work in order that an agreed action plan can be put in place based on the attributes of the property’s Outstanding Universal Value;

10. Further requests the State Party, on the basis of surveys, to submit a logical boundary for the property and an appropriate buffer zone as a minor boundary modification;

11. Requests furthermore the State Party to submit, by 1 February 2014, a detailed progress report on the implementation of the above, for examination by the World Heritage Committee at its 38th session in 2014; and if the Desired state of conservation is met, the Committee may remove the property from the List of World Heritage in Danger in accordance with paragraph 191.b of the Operational Guidelines;

12. Decides to retain Abu Mena (Egypt) on the List of World Heritage in Danger.

The World Heritage Committee,

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

2.  Recalling Decision 35 COM 7B.92 , adopted at its 35th session (UNESCO, 2011),

3.  Welcomes the important progress in identifying micro-organisms responsible for the mould outbreak, and in stabilising of the atmospheric conditions through limiting access;

4.  Notes that these steps forward will be followed by further work on the hydro-climatic conditions starting in 2013, for the recording and mapping of areas most severely affected, which could lead to development of measures being developed to control the atmosphere of the caves;

5.  Commends the State Party for the significant improvements in communicating both results of its research to the scientific community and the educational aspects to the general public by means of publication, websites and exhibitions;

6.  Also notes the progress made by the State Party towards the removal of undesirable infrastructure from the property and its replacement with new roads and car parks further from the focus of the property,

7.  Further notes the enhancement of the system of management of the caves;

8.  Requests the State Party to provide details of the proposed new developments at the property, especially the development of the new reconstruction, new road and car park with appropriate Heritage Impact Assessments before their implementation, in accordance with paragraph 172 of the Operational Guidelines ;

9.  Also 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 on 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/7A,

2.    Recalling Decision 35 COM 7A.33, adopted at its 35th session (UNESCO, 2011),

3.    Welcomes the progress made by the State Party in implementing the recommendations of the 2010 reactive monitoring mission;

4.    Adopts the following Desired state of conservation for the removal of the property from the List of World Heritage in Danger, as follows:

a)  Operational and sustainable management system for the Chan Chan Archaeological Zone in place, including functional institutional arrangements and secured funding,

b)  Approval of revised Management Plan and integration with other planning tools at the municipal and provincial levels, particularly for the management of the buffer zone,

c)  Continued implementation of conservation and maintenance measures at the property, including mitigation measures to address the vulnerability of the earthen architecture remains,

d)  Legislative and regulatory measures to address the issues of illegal occupations and activities at the site enacted and enforced;

5.    Also adopts the following corrective measures and timeframe for their implementation in order to ensure conditions of integrity and authenticity of the property and meet the Desired state of conservation:

a)    Measures to be implemented within one year:

              Conservation

(i)  Comprehensive conservation condition assessment and monitoring to assess the existing state of conservation of the property,

(ii)  Identification of priority areas for interventions,

(iii) Implementation of priority and emergency conservation measures at vulnerable areas of the property, with particular focus on the nine palaces and areas with decorated surfaces, as well as measures centered on the control of water table levels,

(iv)  Definition and adoption of conservation guidelines for intervention,

(v)  Implementation and maintenance of the physical delineation of the property including vegetation barriers and perimeter walls,

(vi) Comprehensive assessment of the current conditions of the existing site museum, identification of priority emergency measures and definition of a comprehensive intervention programme to be included in the public use plan.

(vii) Addressing of solid waste management at the boundaries of the site in collaboration with pertinent authorities,

              Protection and planning

(i) Updating of the Management Plan, including a revised risk Management Plan and a public use plan as well as scheduled and costed provisions for the conservation and management of the property and its buffer zone,

(ii) Finalization of the definition of the buffer zone and its regulatory measures in collaboration with municipal authorities,

(iii) Dissemination and circulation among stakeholders of updated plans for the property and its buffer zone, including provisions and regulations for each zone. Collaboration with entities in defining regulatory measures for the management of the buffer zone and of the World Heritage property,

(iv) Finalization of regulations for Law no. 28261 to address fundamental issues such as the illegal removal of soil, agricultural works and the illegal occupation at the property,

              Management

(v) Evaluation of effectiveness of existing institutional arrangements to include revised provisions in the updated Management Plan,

(vi) Identification of sources for secured funding in the long-term,

b)    Measures to be implemented within two years:

Conservation

(i) Continued implementation of conservation and maintenance actions, with particular focus on finalizing interventions at vulnerable areas,

(ii) Monitoring programme fully in place to evaluate the efficacy and results of interventions and to revise them if needed,

(iii) Maintenance of the physical delimitation of the site,

(iv)Measures for solid waste management at the boundaries of the site fully addressed,

(v)  Interventions for public use at the property, particularly in respect to the site museum in accordance to provisions included in the revised Management Plan,

(vi)Interventions for risk management in accordance to provisions identified in the Management Plan,

Protection and planning

(vii) Integration of the Management Plan in territorial and urban development plans,

(viii) Dissemination of the revised Management Plan to strengthen public and private support in its implementation,

(ix) Approval / enactment of regulatory measures for Law No. 28261 to ensure the conservation and protection of the Outstanding Universal Value and conditions of integrity and authenticity of the property,

(x) Adoption of regulatory measures for the management of the buffer zone,

 Management

(xi)      Operational management arrangements and budgets secured for the comprehensive implementation of the Management Plan,

c)    Measures to be implemented within three years:

Conservation

(i)        Continued implementation of conservation and maintenance measures according to the revised Management Plan,

(ii)       Continued implementation of the monitoring programme and evaluation of results to adapt measures,

(iii)      Continued implementation of public use actions according to Management Plan,

(iv)      Continued implementation of risk management actions according to Management Plan,

(v)       Conclusion of measures at the existing site museum;

Protection and planning

(vi)      Full enforcement of legislative and regulatory frameworks passed by the State Party,

(vii)     Relocation of illegal settlers in collaboration with pertinent authorities,

(viii)    Adequate control of encroachments and urban pressure;

Management

(ix)      Full and systematic implementation of the revised Management Plan in accordance to prescribed policies,

(x)       Functional institutional arrangements with adequate resources secured for long-term implementation of the formulated Management Plan;   

6.  Reiterates its request to the State Party to finalize the process for the approval of pertinent legislation and regulations for the property and buffer zone to ensure their adequate protection, and to find an urgent solution to the legal issues that have been pending for the last 10 years;

7.   Also reiterates its request to the State Party to provide the updated Master Plan, including a public use plan and a comprehensive risk preparedness plan for the property by 1 February 2013;

8.   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;

9.  Decides to retain Chan Chan Archaeological Zone (Peru) on the List of World Heritage in Danger.