Case Law

The World Heritage Committee,

1. Having examined Document WHC/16/40.COM/7B.Add,
2. Recalling Decision 38 COM 7B.48, adopted at its 38th session (Doha, 2014),
3. Acknowledges the details provided by the State Party in its report on the recently signed three-year European Union-funded project entitled “Promoting the Contribution of World Heritage for Sustainable Development and Reinforcing Capacities for Protection and Conservation of Paleontological Sites in Ethiopia”, which will consider boundaries, and conservation and management of the property;
4. Notes that documentation submitted by the State Party did not provide clear and precise information on the exact location of the Ethiopian Sugar Development Corporation Project (Kuraz project), even though this was requested by the World Heritage Committee at its 38th session in 2014;
5. Appreciates, however, that the State Party recently submitted a document to the World Heritage Centre with an official map showing the exact location of the Ethiopian Sugar Development Corporation Project (Kuraz project) vis-à-vis the Lower Valley of the Omo World Heritage property;
6. Welcomes the revision of the initial plan of sugarcane area from 175,000 ha to 100,000 by the State Party in order to mitigate possible impacts on the Outstanding Universal Value (OUV) of the property;
7. Notes with concern that work on infrastructure and agricultural projects associated with the Kuraz project, including sugar plantations, dams, roads and new villages, have already commenced without submitting adequate impact assessments, and without clarification of the property’s boundaries;
8. Requests the State Party to ensure the following work has been undertaken and considered by the Committee:
   1. Provision of full details of the Kuraz project by 31 December 2016,
   2. Clarification of the boundaries and submission of proposals for a buffer zone,
   3. Finalization and submission of an improved Heritage Impact Assessment (HIA) and a Strategic Environmental Assessment (SEA) based on the clarified boundary and the precise attributes of the OUV,
   4. Provision of the details of the proposed relocation of pastoral communities;
9. Takes note of the results of the April 2015 Reactive Monitoring mission and urges the State Party to implement its recommendations, particularly the following:
   1. Protect the scientific value and potential of the property, as envisaged at the time of inscription, by clearly defining areas of archaeological potential and defining strategies for its management as a visually coherent landscape with no development between visible outcrops,
   2. Consider adequate visitor and risk management components in the management plan for the intended paleo-tourism activities at the property,
   3. Promote local community involvement in both site management and tourism,
   4. Establish a soil erosion monitoring baseline to define control measures where erosion could pose a threat to fossil-bearing deposits,
   5. Define protocols for back-filling and rehabilitation of open research excavation areas and include an obligation for consolidation of new open areas for all new archaeological research projects,
   6. Establish a soil salinization monitoring baseline in areas of planned irrigation outside the property to monitor and address potential impacts on down gradient fossil-bearing deposits and outcrops;
10. Further requests the State Party to submit to the World Heritage Centre, by 1 February 2017, a report on the state of conservation of the property, and on the steps taken to implement the above-mentioned recommendations, for examination by the World Heritage Committee at its 41st session in 2017.

The World Heritage Committee,

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

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

3.  Commends the State Party for the effective collaboration between the Wildlife and Forest Services and their efforts to increase stakeholder involvement in the site’s management, particularly through agreements with Community Forest Associations;

4.  Notes with concern the significant forest fire that affected the property in March 2012 and reportedly affected 10% of the Mount Kenya National Park; and requests the State Party to submit to the World Heritage Centre a report on the impacts of this fire on the Outstanding Universal Value of the property and the actions taken for ecological restoration of the affected areas;

5.  Notes with satisfaction the initiatives taken to improve fire risk preparedness, and to participate in the design of a climate change adaptation methodology for World Heritage Site managers but regrets that the State Party provided only limited information on the implementation of the recommendations of the 2008 reactive monitoring mission or the concerns raised by the Committee at its 35th session;

6.  Also requests the State Party to urgently implement the remaining recommendations of the 2008 reactive monitoring mission, in particular the replacement of physical boundary signs and the establishment of additional wildlife corridors;

7.  Further requests 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 in particular on the impacts of the 2012 forest fire as well as on the progress made in implementing the outstanding recommendations of the 2008 reactive monitoring mission.  

The World Heritage Committee,

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

2.  Recalling Decision 34COM 8B.4 , adopted at its 34th session (Brasilia, 2010),

3.  Welcomes the progress achieved by the State Party in the preparation of a management plan and the implementation of a strategy to combat invasive alien species, and requests the State Party to provide all the technical and financial resources for the effective long-term implementation of these mechanisms, and to undertake the necessary measures to remove the cattle from the property;

4.  Also requests the State Party to:

a)  strengthen the means to eradicate the Chinese Guava tree (Psidium cattleianum) within the boundaries of the property, and to ensure that this objective is inscribed in the forestry development and multi-annual programmes, and support the restructuration of the Guava fruit production activities in the buffer zone,

b)  prepare a prevention, monitoring and rapid intervention strategy to combat fires and ensure minimal imnpact in implementation on the values of the property, in particular to avoid opening new tracks and to preferably opt for the use of aerial means to combat fires during the dry season,

c)  ensure close coordination with the different stakeholders regarding the actions to be implemented for fire management, and involve the population in fire surveillance activities;

5.  Recommends the State Party to seek IUCN’s expertise with regards to post-fire management and the control of invasive alien species;

6.  Further requests the State Party to develop a tourism management strategy for the property taking into account the results of the evaluation survey, currently underway, on the potential impact of major sporting events on the Outstanding Universal Value (OUV) of the property;

7.  Recalls that the geothermal development project is incompatible with World Heritage status and requests furthermore the State Party to respect the commitment made in 2010, prior to inscription of the property, to definitively abandon the geothermal project in the ‘Plaine des Sables’;

8.  Also recalls that economic activities such as agriculture, arboriculture, energy production and tourism must be managed in a way to avoid negative impacts to the integrity and the OUV of the property, that the development projects for economic purposes having a potential impact on the property must be the subject of environmental evaluations, in conformity with international best practice and requests moreover the State Party to submit the environmental impact assessments to the World Heritage Centre, in conformity with paragraph 172 of the Operational Guidelines ;

9.  Finally requests the State Party to submit to the World Heritage Centre, by 1 February 2015 , a detailed report on the state of conservation of the property, and on the implementation of the above.

The World Heritage Committee,

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

2.  Recalling Decision 36 COM 8B.17 adopted at the 36th session (Saint-Petersburg, 2012),

3.  Takes note of the information provided by the State Party, in particular the boundaries of the property and its buffer zone;

4.  Notes with satisfaction the inscription of all the outstanding monuments and sites of the property on the National Heritage List, the establishment of the local Management Committee, the institutionalisation of the Heritage Centre, an improved functioning of the Building Permits Commission and the implementation of different restoration programmes for the outstanding monuments and houses of the property;

5.  Encourages the State Party to pursue its efforts for the improved knowledge of the property (cadastral inventory) and further to continue its efforts to strengthen the protection of the property through the Building Permits Commission, the conservation of the property and its monitoring as concerns the privately owned buildings and tree-lined areas, daily management (illegal habitations, waste and pollution) and the surveillance of natural threats (closure of the lagoon and its consequences, coastal erosion);

6.  Requests the State Party to:

a)  Provide a global map showing the boundary of the property and its new buffer zone,

b)  Indicate the human resources of the local Management Committee and the Heritage Centre responsible for the management of the property,

c)  Confirm that the notifications of the Heritage Centre and/or the local Management Committee of the property, for the attention of the Building Permits Commission are, in fact, suspensive and not simply consultative, as indicated in some of the documents provided at the time of inscription,

d)  Implement a policy to assist in the conservation of private immovable property at both the technical level (practical conservation guide) and financial (combined public/private assistance),

e)  Implement a plantation and green spaces programme that respects the authenticity of the property in this domain, and carry out the necessary prior studies,

f)   Define more diversified and precise monitoring indicators for conservation, to be applied to both monuments and houses, public squares and plantations.  They must cover all the constitutive components of the property, both public and private;

7.  Also 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 providing information on the implementation of the above-mentioned points, 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/7C,

2.Recalling Decisions 35 COM 7C and 35 COM 12E adopted at its 35th session (UNESCO, 2011),

Significant factors negatively impacting the Outstanding Universal Value

3.Takes note of the statistical analysis and encourages the World Heritage Centre to continue with the production of such informative data, including regional analyses;

Recurrent conservation issues

4.Also takes note of the completion of the independent review process on extractive industries and World Heritage properties as a contribution to the Policy Guidelines development and invites the World Heritage Centre to disseminate this review as widely as possible;

Disaster risk reduction

5.Requests States Parties to make every endeavor to take into consideration disaster risks, including from human-induced hazards, in the management plans and systems for the World Heritage properties located in their territories;  

6.Also requests the World Heritage Centre, with the support of the Advisory Bodies, to continue working with global and regional institutions involved in disaster risk management, with an aim to mainstream a concern for heritage within their policies and programmes as well as in UN-led processes such as the Post-Disaster-Needs-Assessment (PDNA);

Follow-up to decisions 35 COM 7C and 35 COM 12E

7.Further takes note of the information provided regarding the recognition for the protectors of World Heritage properties in conflict and post-conflict zones, including through the use of blue/green berets or other appropriate insignia;

8.Takes note furthermore of the correspondence process in place to increase dialogue between the States Parties, the World Heritage Centre and the Advisory Bodies regarding conservation issues at World Heritage properties;

9.Thanks the Government of Flanders for its support to the establishment of a “state of conservation information system” hosted on the World Heritage Centre’s website and further requests the World Heritage Centre to present a progress report on the database and its access online, during the 37th session of the World Heritage Committee in 2013;

Other conservation issues not reported on at the 36th session under Items 7A and 7B

10.  Expresses its concern with regard to the state of conservation of World Heritage property of “Archaeological Areas of Pompei, Herculaneum and Torre Annuziata” and urges the State Party of Italy to intensify its efforts towards implementing the Committee’s decision taken at its 35th session (UNESCO, 2011);

11.  Extends its sympathy to the victims of the earthquake in northern Italy; also encourages the State Party of Italy to continue its important efforts for the assessment of the damage occurred and for the planning and implementation of the necessary remedial measures, including with a view to strengthening the overall resilience of the three properties in the future against all possible hazards; and requests furthermore the State Party of Italy to provide to the World Heritage Centre updated information on the situation and to coordinate with the World Heritage Centre and the Advisory Bodies possible initiatives for the recovery and restoration of the three affected properties;

12.   Finally requests the State Party of the United Kingdom of Great Britain and Northern Ireland to halt the proposed development of a golf resort at the World Heritage property “Giant’s Causeway and Causeway Coast” until its potential impact on the Outstanding Universal Value of the World Heritage property has been assessed.

The World Heritage Committee,

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

2. Recalling Decision 34 COM 7B.35, adopted at its 34th session (Brasilia, 2010),

3. Commends the State Party for the progress achieved in reducing illegal logging in the property, and encourages the State Party to continue its actions to control illegal logging, as well as fires and other types of habitat conversion;

4. Welcomes the State Party's efforts to promote alternative livelihoods for local communities, and requests the State Party to implement the recommendations of the 2011 reactive monitoring mission, in particular:

a) Develop a clear and transparent benefit-sharing mechanism to clarify how all communities located within the property and its buffer zones are compensated for their efforts to conserve the property, and to ensure that any tourism revenue is distributed more equitably,

b) Further improve the visitor experience through appropriate signage along hiking trails, trail maintenance, and signage at hibernation viewing points to explain the World Heritage status of the area and the Outstanding Universal Value of the Monarch butterfly migration phenomenon,

c) Explore options for the development of non-butterfly related tourism activities;

5. Notes that any discussion on tourism development should deal with the conservation of butterfly populations as a priority, considering that high tourist numbers and poorly regulated visitation could potentially pose a threat to the butterflies by causing the degradation of their overwintering environment;

6. Also 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 information on progress achieved in the development of a benefit-sharing mechanism, the improvement of the visitor experience, and the development of non-butterfly related tourism activities.

The World Heritage Committee,

1. Having examined Document WHC-10/34.COM/7A,

2. Recalling Decision 33 COM 7A.14, adopted at its 33rd session (Seville, 2009),

3. Commends the State Party for putting in place a three year strategy to implement the corrective measures and requests the State Party to provide details of this strategy, the resources needed to implement it, and the management arrangements for its implementation, to the World Heritage Centre as early as possible for review by the Advisory Bodies;

4. Acknowledges the information provided by the State Party on the actions being taken to implement some of the corrective measures, and requests the State Party to continue its work on all the corrective measures identified previously, according to the established priorities, including the establishment of a proper land-use plan to protect the property's integrity and resolve future land conflicts, the delineation of boundaries, the conservation of the architectural structures, the mitigation of sea wave erosion and the control of vegetation;

5. Reminds the State Party of the requirement for the delineation of the boundaries of the property and the buffer zones;

6. Underlines the importance to foresee the participation of the local population in the activities developed for visitors;

7. Further requests the State Party to submit to the World Heritage Centre by 1 February 2011, 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 35th session in 2011;

8. Decides to retain the Ruins of Kilwa Kisiwani and Ruins of Songo Mnara (United Republic of Tanzania) on the List of World Heritage in Danger.

The World Heritage Committee,

1. Having examined Document WHC-10/34.COM/7B.Add,

2. Recalling Decision 30 COM 8B.22, adopted at its 30th session (Vilnius, 2006),

3. Commends the State Party for its achievements in implementing the recommendations adopted at the time of inscription, despite the impacts of the Wenchuan earthquake, but notes that a number of these have only been partially implemented;

4. Requests the State Party to fully implement the recommendations made at the time of inscription, and in particular to rapidly undertake actions to enhance integrated monitoring and management capacity across all 18 management units of the property, establish and implement tourism management plans and monitoring programmes, and implement the ecosystem restoration aspects of the post-earthquake recovery plan, especially in Wolong Reserve, and encourages the State Party to pay particular attention to the these issues;

5. Strongly encourages the State Party to consider expanding the property to include the Rongjin Nature Reserve as a critical link between the giant panda populations of Quionglaishan and Liangshan.

The World Heritage Committee,

1. Having examined Document WHC-10/34.COM/7B.Add,

2. Recalling Decision 33 COM 7B.42, adopted at its 33rd session (Seville, 2009),

3. Expresses great concern at the considerable damage caused to the property by the recent floods and landslides affecting both, the fabric of the property and access to it, and considers that the lack of adequate regulatory measures and disaster response plans appears to have exacerbated their impact;

4. Urges the State Party to improve the implementation of the actions requested at its 33rd session (Seville, 2009), and recommended by the reinforced monitoring mission, in particular:

a) Definition and implementation of provisions to be included in a revised management plan, derived from participatory processes, to address threats derived from unregulated access to the site, absence of a public use plan and inadequate urban planning,

b) Further development of the submitted risk reduction and disaster recovery plan to include clear and precise course of action to inform visitors and residents of the actual and potential risks and to provide mitigation strategies as a matter of urgency,

c) Undertake a management effectiveness assessment and integration of the results into a revision of the management plan and related capacity building programmes,

d) Establishment and implementation of regulatory measures for the western access to the sanctuary and finalize the commissioned public use plan,

e) Implementation of strategies to strengthen decision-making processes and governance at the property;

5. Notes that unresolved issues as well as the new natural risk conditions constitute a danger to the attributes that sustain the Outstanding Universal Value and integrity of the property, and also notes that the State Party requests the application of the Reinforced Monitoring Mechanism;

6. Recommends that, given the major natural and structural threats facing the property, the State Party establish an international support panel to provide technical advice and support to the State Party, in order to advocate for the political will and resources needed to address governance and sustainable finance issues, to guide effective stakeholder involvement, to seek support for the implementation of the 2009 Action Plan, and to address the backlog of unaddressed management issues;

7. Requests the State Party to submit to the World Heritage Centre, by 1 February 2011, a report on the state of conservation of the property and on the steps taken to implement the above mentioned recommendations, for examination by the World Heritage Committee at its 35th session in 2011, with a view to considering, in the absence of substantial progress, the possible inscription of the property on the List of World Heritage in Danger.

The World Heritage Committee,

1. Having examined Document WHC-08/32.COM/7B.Add,

2. Recalling Decision 31 COM 7B.45, adopted at its 31st session (Christchurch, 2007),

3. Taking note of the Report on the Implementation of Decision 31 COM 7B.45, submitted by the State Party by 1 February 2008, and of the additional Report issued by the concerned Management Unit on June 2008;

4. Regrets that the State Party did not submit its report in one of the working languages of the World Heritage Convention (French or English);

5. Takes note of the reported progress made by the re-established Integrated Management Unit in preserving the archaeological and natural values of the property and the awareness programmes for the local population, particularly with respect to the implementation of a participative strategy on the control of the western access to the property, the issuance of official tourist information on the risks of passing the night in Aguas Calientes village (Machu Picchu Pueblo), the evaluation of landslide risks and risks management plans, and to adequate budgetary improvements;

6. Further notes the need to sustain efforts in addressing a series of critical ongoing issues identified in past decisions of the World Heritage Committee, including:

a) improvement of effective governance mechanisms for the property,

b) further implementation of effective measures to address risks to the property,

c) adequate management and control of Aguas Calientes growth, and of derived impacts on the property through adequate infrastructure including improved waste disposal systems,

d) adequate visitor management;

7. Expresses its concern over the potentially negative consequences to the aesthetic values of the property by authorizing helicopter flights over the Sanctuary, and urges the State Party to make a scientific evaluation of the risks of this practice;

8. Also urges the State Party to further intensify action, supported by adequate human and financial resources, to sustain effective implementation of the following measures:

a) further improvement of effective governance and integrated management of the property and particularly the Sanctuary, through the participation of all key stakeholders in the review and further implementation of the Management Plan;

b) further development and implementation of a comprehensive risk preparedness assessment to identify and respond effectively to the range of risks noted above;

c) development and implementation of an urban plan for Aguas Calientes to address effectively the following issues:

i) risk due to landslides;

ii) effective enforcement of the urban plan, particularly with regard to the number and height of buildings;

iii) controls on properties and the quality of the construction of the buildings;

iv) adequate capacities of medical and fire services for the local population and visitors;

v) more adequate management of solid and liquid waste and of adequate disposal systems;

vi) additional measures to support sustainable economic and community development consistent with the values of the property;

vii) development and effective implemention of plans to manage visitor use and provide alternatives for transport and access to the property, addressing the increasing congestion of Aguas Calientes;

9. Requests the World Heritage Centre, the Advisory Bodies and the international community to work closely with the State Party to provide additional technical and financial support to enhance the local and national capacity to urgently and effectively implement these measures, and requests the State Party to invite a joint World Heritage Centre / ICOMOS / IUCN mission to develop an action plan for the property, as part of the revised Management Plan;

10. Also requests the State Party, in consultation with the World Heritage Centre and the Advisory Bodies, to develop a draft Statement of Outstanding Universal Value including the conditions of integrity and authenticity, for examination by the World Heritage Committee at its 33rd session in 2009;

11. Further requests the State Party to submit to the World Heritage Centre, by 1 February 2009, a detailed report on the state of conservation of the property and progress achieved on the implementation of the measures for examination by the World Heritage Committee at its 33rd session in 2009.

12. Decides to apply the Reinforced Monitoring mechanism to the property for the following two years and asks in particular that the Committee be informed of the results of the Reactive Monitoring mission and on any information relevant for the conservation of the Outstanding Universal Value of the property;

13. Strongly urges the State Party to consider requesting inscription of the property on the World Heritage List in Danger.

The World Heritage Committee,

1.Having examined Document WHC-07/31.COM/7B.Add;

2.Recalling Decision 30 COM 7B.5, adopted at its 30th session (Vilnius, 2006);

3.Commends the State Party for their continued support of programmes to manage fire and invasive species, in particular in the Table Mountain part of the property;

4.Notes with concern the high frequency of fires in the property and the associated impact on ecosystems, as well as challenges in the control of invasive alien plants;

5.Urges the State Party to continue pursuing efforts towards establishing a single coordinating authority for the property that would eventually facilitate the buffering and extension of the property to include adjoining protected areas;

6.Also urges the State Party to ensure that the budgets and staffing for its public works programmes are increased to meet the needs of these programmes, and that CapeNature and the other relevant management authorities are adequately funded, in particular to ensure that invasive plant clearance targets are achieved, and that the effects of burning are monitored;

7.Encourages the State Party to pursue rigorous monitoring programmes and feedback mechanisms for adaptive conservation and management strategies, particularly for fire control;

8.Requests the State Party to provide the World Heritage Centre, by 1 February 2009, with a report on the progress made in the implementation of the recommendations outlined above, including information on the budgets allocated to the property for each of its programmes, and in each component park of the serial property, for examination by the Committee at its 33rd session in 2009.

The World Heritage Committee,

1. Having examined Document WHC-07/31.COM/7B.Add.2,

2. Recalling Decision 30 COM 7B.35, adopted at its 30th session (Vilnius, 2007),

3. Requests the State Party to submit a single integrated annual report for this mixed site, as of 2007, in one of the working languages of the Convention;

4. Takes note of the many advances made by INC and INRENA in implementing the Master Plan, particularly with respect to reforestation, fire control, monitoring of key species, management of the main Inca trail, cadastral surveys, information and communication, rehabilitation of the botanical garden, maintenance of the citadel, reintroduction of native plants, development of a site museum and awareness programmes for children;

5. Further notes:

a) the ineffectiveness of the Integrated Sanctuary Management Unit,

b) the uncontrolled growth of Machu Picchu Village accompanied by an ever-increasing level of risks from landslides, fires, structural failure, health threats, and social crisis,

c) the absence of a public use plan and associated analysis of access and risks,

d) the difficulties in getting budgetary approval for maintenance work on the archaeological structures of the Sanctuary, and

e) the lack of control of the western access to the property;

6. Expresses its deep concern about the consequences of the construction of the Carrilluchayoc bridge and the access road in the buffer and core zone of the Sanctuary and the lack of due process and governance related to this issue, and also requests the State Party, as per Paragraph 172 of the Operational Guidelines, to submit any project proposal that could affect the values of the site, to be submitted for evaluation to the Advisory Bodies;

7. Urges the State Party to take immediate action to act upon the serious consequences of the recent landslides, and to finalize by 1 February 2008, and begin implementation of a comprehensive Risk Preparedness Plan with adequate budget, as outlined in the recommendations proposed by the 2007 mission report;

8. Takes note of the positive results of the Cusco Workshop, commends the major stakeholders and national institutions for developing a common vision towards the future and further requests the State Party to submit an official response to the recommendations outlined by the Cusco Workshop;

9. Also urges the State Party to give priority to the reorganization of the Sanctuary Integrated Management Unit and consequently requests the State Party to submit to the World Heritage Centre by 30 September 2007 an updated Annual Operations Plan prepared by the Management Unit;

10. Encourages the State Party to undertake the actions required to develop and implement the above mentioned Participatory Emergency Strategy for Control of the Western Access and to address the concerns and threats outlined in the mission report, and to submit a draft Strategy document by 30 November 2007 to be evaluated by the Advisory Bodies;

11. Invites the State Party to produce and widely distribute by 30 November 2007, authoritative information for visitors and tour operators regarding the considerable risks associated with overnight stays at Machu Picchu Village;

12. Requests furthermore the State Party to submit to the World Heritage Centre by 1 February 2008, a detailed report on the state of conservation of the property and the progress made in the implementation of the recommendations of the 2007 mission report for examination by the Committee at its 32nd session in 2008.