Case Law

The World Heritage Committee,

1. Having examined Document WHC/16/40.COM/7B,
2. Recalling Decisions 36 COM 7B.1, 37 COM 7B.1, 38 COM 7B.86 and 39 COM 7B.1, adopted at its 36th (Saint-Petersburg, 2012), 37th (Phnom Penh, 2013), 38th (Doha, 2014) and 39th (Bonn, 2015) sessions respectively,
3. Warmly welcomes the efforts undertaken by the State Party, notably the creation of an Interministerial Committee on Dja to strengthen the sustainable conservation of the property, the increase of the operational and investment budgets, improved knowledge of the state of conservation of large mammals, regular control of forestry development units (FDU) and the approval of the terms of reference and the funding strategy of the Strategic and Social Environmental Evaluation (SSEE), for the major projects around the property, and thanks all the partners assisting the State Party in contributing to the protection and the sustainable conservation of the property;
4. Notes with satisfaction that no mining activity has been developed inside the property since end-2014, and that the mining exploration permits inside and around the property have not been renewed, and reiterates its position regarding the incompatibility of mining exploration or exploitation with the status of World Heritage, policy supported by the declaration of the International Council for Mining and Metal (ICMM) not to undertake such activities in World Heritage properties;
5. Also notes with satisfaction the measures taken by the State Party to address poaching;
6. Expresses, however, its concern regarding the findings of the 2015 joint World Heritage Centre/IUCN Reactive Monitoring mission regarding the serious threats to the Outstanding Universal Value (OUV) of the property, in case the Mékin Damn is completed without any mitigating measures being taken to diminish the negative impacts, as well as the increase in poaching resulting in a worrying decrease in the numbers of large mammals, in particular the elephant;
7. Adopts the following corrective measures and strongly urges the State Party to implement them by the 42nd session of the World Heritage Committee in 2018:
   1. Ensure the recruitment of an environmental expert within the Hydro Mékin Society and urgently implement the Environmental and Social Management Plan (ESMP) ensuring that the measures mitigating the negative impacts of the dam to the property have been implemented,
   2. Prepare a precise map of the flood zone that will result from the Mékin dam,
   3. Prepare and implement a safeguarding plan for the wildlife living in the flood zone of the Mékin dam,
   4. Continue to strengthen the staff of the eco-guards and their operational capacities in the different bases for an effective surveillance of all human pressure, including improved consultation and coordination of the actions of the technical and financial partners of the property involved in the anti-poaching combat,
   5. Continue to strengthen the prosecution system concerning poachers and improve collaboration with the decentralised services of the State in information sharing concerning the anti-poaching combat (sub-prefecture, national police force, etc.) to ensure the completion of the legal process and discourage the poachers and avoid demotivation of the eco-guards,
   6. Continue to reinforce control of traditional hunting and poaching inside the property and at its periphery, in liaison with the vigilance committees,
   7. Develop alternatives to bush meat for indigenous and local populations through, among others, the enhancement of non-ligneous forest products and the promotion of a sustainable family agricultural system in the periphery of the property;
8. Notes with concern the other conservation problems noted by the 2015 mission, namely deforestation at the periphery of the property, the perspectives of an extension of activities by the Sud Cameroon Hévéa Society with the demographic increase which might result, and the insufficient human and material means of the conservation service of the property;
9. Requests the State Party to implement all the other recommendations of the 2015 mission;
10. Launches an appeal to the international community to support the efforts of the State Party in the implementation of these corrective measures and also requests all the concerned partners around the property to continue and strengthen their support for its sustainable conservation;
11. Encourages the State Party to reinforce dialogue and communication with all the stakeholders in particular the World Heritage Centre and IUCN regarding the implementation of the above-mentioned recommendations;
12. Further requests the State Party to submit, by 1 December 2017, an updated report on the state of conservation of the property and the implementation of the corrective measures and the above points, for examination by the World Heritage Committee at its 42nd session in 2018, with a view to considering, in case significant progress is not recorded in respect of the conditions enumerated above, the possibility of inscribing the property on the World Heritage List in Danger.

The World Heritage Committee,

1. Having examined Document WHC/16/40.COM/7B,
2. Recalling Decisions 37 COM 8B.11 and 38 COM 8B.7, adopted at its 37th (Phnom Penh, 2013) and 38th (Doha, 2014) sessions, respectively,
3. Welcomes the further progress made by the State Party as regards the intended expansion of the property, in particular the decision to incorporate Khirganga National Park within the property in the future, and encourages the State Party to continue the plan for progressive expansion, with the technical support of the World Heritage Centre and IUCN as required, and taking into account the findings of the regional comparative study; and to submit its proposals to the World Heritage Centre, in the format of a new Nomination for examination by the Committee;
4. Also welcomes the progress achieved by the State Party in working with local communities and indigenous peoples, and also encourages further local consultation and involvement in decision-making to find mutually acceptable ways to resolve any ongoing resource use conflicts, while respecting any rights of use, and on the basis of an accurate assessment of impacts from resource use (in particular grazing and collection of medicinal plants) on the Outstanding Universal Value of the property;
5. Requests the State Party to re-consider the possibility of notification of Tirthan Wildlife Sanctuary as a national park;
6. Also requests the State Party to fully consider and address the management deficiencies identified in the recently published national level Management Effectiveness Assessment exercise, which took place from 2006 to 2014, in particular:
   1. Regulate the transit of livestock through the property,
   2. Conclude the process to recognise the rights of local communities in Jiwanal Valley,
   3. Consolidate the management of the Parwati Valley,
   4. Address human-wildlife conflicts,
   5. Ensure adequate levels of staffing, equipment and training for patrolling in high-altitude terrain;
7. Further welcomes the State Party’s commitment to contribute to a regional comparative study to assess the scope of ecosystems within the Himalayas and adjacent mountain regions with a view to identifying potential World Heritage candidate areas and boundary configurations in this region, including potential serial nominations / extensions, as recommended by the Committee, and recommends that the State Party consult with other relevant States Parties from the region, as well as with IUCN and other partners as required;
8. Further 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 Decisions 35 COM 7B.26, 33 COM 7B.27 and 32 COM 7B.22 adopted at its 35th (UNESCO, 2011), 33rd (Seville, 2009) and 32nd (Quebec City, 2008) sessions respectively,

3.  Takes note of the conclusion of the 2012 World Heritage Centre/IUCN monitoring mission that the Outstanding Universal Value of the property continues to be preserved, and welcomes the progress made in the implementation of the recommendations of the 2007 mission;

4.  Also takes note of the affirmation by the State Party that no official decision has been made on the Altai gas pipeline project and that such a decision will be based on an environmental impact assessment in accordance with the Russian legislation;

5.  Expresses its utmost concern that in spite of this affirmation, the pipeline developer Gazprom is conducting preparatory work on the pipeline route, including within the World Heritage property in violation of Russia’s protected area legislation;

6.  Reiterates that any decision to go forward with the gas pipeline project through the property would constitute a threat to its Outstanding Universal Value and represent a clear case for inscription of the property on the List of World Heritage in Danger;

7.  Urges the State Party to make an unequivocal decision to abandon the construction of the Altai gas pipeline through the property as requested in Decision 33 COM 7B.27, to ensure that no further preparatory works are undertaken within the property, and to ensure that the pipeline developer Gazprom considers alternative routes;

8.  Also urges the State Party to ensure that Environmental Impact Assessments are submitted to the World Heritage Centre for any infrastructure development in or around the property which could affect its Outstanding Universal Value, in line with Paragraph 172 of the Operational Guidelines; 

9.  Requests the State Party to continue its efforts to implement the recommendations of the 2007 monitoring mission as updated by the 2012 monitoring mission, in particular:

a)  Ensure the implementation of the 2009-2015 general management strategy for the property,

b)  Strengthen the management capacity of the Ukok Quiet Zone and Belugha Mountain Nature Parks in terms of staffing and budget,

c)  Ensure that the inspectors of the nature parks have the necessary legal authority to perform their protection mandate by making the necessary legal provisions at the level of the Altai Republic;

d)  Assess the impacts of grazing on the biodiversity in the traditional use zone of the Ukok Quiet Zone and develop a policy for the sustainable use of the natural resources in the traditional use zones in the property in close cooperation with the indigenous communities using these areas,

e)  Develop an overall strategy for sustainable tourism of the property, which could be the basis to set the policy for sustainable tourism at the level of the Altai Republic,

f)   Further strengthen the transboundary cooperation with Mongolia and China based on the experience with Kazakstan,

g)  Strengthen the cooperation with the civil society and in particular the indigenous communities, taking advantage of their knowledge relevant for the management of the property,

h)  Assess the cultural values of the property for its possible renomination under cultural criteria;

10.  Recommends that the State Party continue the process on extending the property, including key areas in Altai Republic, Mongolia, China and Kazakhstan;

11.  Also 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 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;

12.  Also 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 fulfilment of the State Party's obligations under the Convention, and also requests 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;

13.  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 an update on the status of the proposed pipeline, on the Environmental Impact Assessment process as well as on progress in the implementation of the 2012 monitoring mission recommendations, 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.43, adopted at its 31st session (Christchurch, 2007),

3. Takes note of the findings of the recent World Heritage Centre / ICOMOS / IUCN monitoring mission to the property, and requests the State Party to:

a) institute a mechanism through the future Tasmanian Wilderness World Heritage Area (TWWHA) management plan reviews, and involving all relevant stakeholders, to monitor, assess and manage the ecological integrity of the TWWHA and adjoining reserves by considering activities related to forestry operations, road construction and regeneration fires in the areas adjacent to the property;

b) submit a proposal for modifying the boundaries of the TWWHA to include the adjacent 21 areas of national parks and state reserves, which are currently not a part of the inscribed World Heritage property but are covered by its management plan;

c) not to renew the existing leases for mineral exploration and exploitation within the property and immediately adjacent to it (such as in the Melaleuca Cox Bight area), after their expiry and to rehabilitate the areas concerned and to incorporate them into the World Heritage property. Further, no new mining licenses should be granted within the property or in the areas which are being recommended for addition;

d) maintain and improve the resourcing for the research, documentation, protection, monitoring and effective management for archaeological and Aboriginal cultural sites both those within the TWWHA and those in the adjacent forestry areas that reflect the wider context of Aboriginal land-use practices and are of potential Outstanding Universal Value;

e) manage the forestry areas outside the inscribed property in order to protect cultural sites of potential Outstanding Universal Value;

f) ensure logging roads in areas adjacent to the TWWHA consider the ecological integrity, possible cultural sites and aesthetic values of the property, and reclaim roads no longer required;

g) prepare and implement a vegetation management plan covering the TWWHA and the adjoining forest reserves jointly by national parks and the forestry authorities, to address representativity of vegetation types and to reduce risks, particularly from fires and climate change;

h) implement the recommendations emanating from the recently completed 2008 review of the Tasmania Regional Forest Agreement;

i) establish an active programme for monitoring the impacts of climate change on the property and incorporate this programme into a risk-reduction strategy and action plan;

4. Also requests the State Party to revise the Statement of Outstanding Universal Value for the property to include relevant recent natural and cultural knowledge available regarding the site, for approval by the World Heritage Committee;

5. Reiterates its request to the State Party to consider, at its own discretion, extension of the property to include appropriate areas of tall eucalyptus forest, having regard to the advice of IUCN; and also further requests the State Party to consider, at its own discretion, extension of the property to include appropriate cultural sites reflecting the wider context of Aboriginal land-use practices, and the possibility of re-nominating the property as a cultural landscape;

6. Requests moreover the State Party to submit to the World Heritage Centre, by 1 February 2010, an updated report on the state of conservation of the property, including a revised Statement of Outstanding Universal Value and progress related to the above mentioned issues, for examination by the World Heritage Committee at its 34th session in 2010.