Case Law

The World Heritage Committee,

1. Having examined Document WHC/17/41.COM/7B.Add.2,
2. Recalling Decision 40 COM 7B.43, adopted at its 40th session (Istanbul/UNESCO, 2016),
3. Notes that the Reactive Monitoring mission will be invited immediately after the decision of the Honourable Supreme Court of Pakistan is announced;
4. Also notes that the State Party is undertaking measures to control and monitor urban encroachments and stresses upon the need to expedite this process as far as possible and requests the State Party to further improve the collaboration with related national and local authorities in implementation of the Management Plan;
5. Requests the State Party:
   1. to urgently complete and share with the World Heritage Centre the Visual Impact Study as decided by the World Heritage Committee at its 40th session as soon as possible, and at the latest on 1 December 2017;
   2. to invite a joint World Heritage Centre/ICOMOS Reactive Monitoring Mission to the property immediately after the announcement of the decision of the Honourable Supreme Court of Pakistan, to examine the Orange Line Metro Train project and to discuss the same with the relevant Government authorities and to review the management and protection arrangements of the property;
6. Considers that the highest priority must be given to considering how the Shalamar Gardens and their spiritual associations can be sustained alongside any necessary measures to satisfy the needs of a growing city, by setting out the precise and detailed nature of the potential impacts of the Orange Line Metro project on the OUV of the property, and whether and how mitigation measures can be undertaken;
7. Reiterates the great need to adequately manage and effectively control encroachment and urban development in and around the property, and therefore further requests the State Party to immediately undertake setting studies and procedures in this regard, which will be taken into account when proposing an enlargement of the property’s buffer zone;
8. Notes the conservation work that has been undertaken at Lahore Fort and is in progress at the Shalamar Gardens, and requests furthermore the State Party to ensure that all such work is documented, together with any necessary archaeological inputs;
9. Finally 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.

The World Heritage Committee,

1. Having examined Document WHC/16/40.COM/7B.Add,
2. Recalling Decision 38 COM 7B.68, adopted at its 38th session (Doha, 2014),
3. Welcomes the initiation of the UNDP funded “Community Based Flood and Glacial Lake Outburst Risk Reduction project”, especially considering the potential threat arising from climate change, and urges the State Party to ensure that the implementation of this project is closely monitored to ensure compliance with environmental measures and in cooperation with local communities to ensure respect of their cultural and spiritual values and practices;
4. Also welcomes the progress made by the State Party with the development of the draft 2016-2020 Management Plan for Sagarmatha National Park and its buffer zone, which was reviewed by the IUCN Advisory mission, and encourages the State Party to reflect the findings of the Advisory mission in the Management Plan and submit the completed plan (in English) to the World Heritage Centre by 1 December 2017, for review by IUCN;
5. Reiterates its concern that no verdict of the Supreme Court of Nepal has yet been made with respect to the Kongde View Resort to determine whether or not it is located inside the property, notes with concern that the resort is permitted to continue to operate until the verdict is issued, and also urges the State Party to take urgent measures to ensure that any impacts from the continued operation of the Kongde View Resort on the Outstanding Universal Value (OUV) of the property are adequately mitigated;
6. Also notes with concern the reported increase in illegal wood collection from the property and its buffer zone, the continued challenge of solid waste management and other reported impacts from increasing visitation, including noise and visual impacts from uncontrolled and unregulated helicopter use, and also requests the State Party to include in the Management Plan adequate measures to address these issues, based on the recommendations of the Advisory mission and, where necessary, additional assessments of impacts on the OUV of the property;
7. Appreciates the State Party’s intention to submit a park zonation map to the World Heritage Centre once completed, and reiterates its encouragement to the State Party to submit a minor boundary modification to formally recognize the buffer zone of Sagarmatha National Park as a buffer zone to the property, consistent with the Operational Guidelines;
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.

The World Heritage Committee,

1. Having examined Document WHC-14/38.COM/7B.Add,
2. Recalling Decision 29 COM 8B.23B, adopted at its 29th session (Durban 2005),
3. Welcoming the continuing efforts of the State Party to improve the conservation of the property through the development of a Conservation Management Plan for 2010-2014,
4. Notes with concern that in the nine years since inscription, urban development pressures in the wider setting have increased as have the scale and commercialisation of the annual festival and overall visitor numbers; and considers that development threats in the wider setting need to be curtailed;
5. Regrets that the road through the property has not been diverted as requested at the time of inscription, and urges the State Party to ensure this is carried-out as soon as possible;
6. Expresses concern that the Cultural Tourism Management Plan, also requested at the time of inscription, has not yet been developed; and also considers that such a plan is urgently needed in order to address ways to sustain the spiritual, symbolic and ritual qualities of the Grove in relation to the very large numbers of people visiting this property, particularly during the festival, through defining clearly and precisely the carrying capacity of the Grove, in relation to its spiritual atmosphere, physical fragility and pristine nature, as well as its connections to access routes, car parking, accommodation etc.;
7. Also expresses concern that the natural qualities of the sacred grove, upon which its cultural values depend, and particularly the Osun River, appear to have been adversely affected by water-borne pollution;
8. Requests the State Party to invite an ICOMOS reactive monitoring mission to the property in order to consider with the State Party how approaches to urban development, cultural tourism management and the conservation of natural resources might be strengthened and also to consider the appropriate balance between conservation and development in relation to the OUV of the property;
9. Also requests the State Party to submit to the World Heritage Centre by 1 February 2015 a progress report, including a 1-page executive summary, on the above issues, for examination by the World Heritage Committee at its 39th session in 2015.