Case Law

The World Heritage Committee,

1. Having examined Document WHC/16/40.COM/7B,
2. Recalling Decisions 22 COM VII.17 and 38 COM 7B.25, adopted at its 22nd (Kyoto, 1998) and 38th (Doha 2014) sessions respectively,
3. Expresses its concern regarding inappropriate conservation works of all parts of the City Walls and requests the State Party to implement all relevant measures, including repairs of damage and development of guidelines on best conservation practices, to prevent any threat to the structural stability of the City Walls, and to ensure strict and regular monitoring;
4. Endorses the recommendations of the 2015 joint UNESCO/ICOMOS Reactive Monitoring mission to the property and also requests the State Party to give the highest priority to the implementation of its recommendations, notably to:
   1. Develop and submit to the World Heritage Centre for review by the Advisory Bodies the Management Plan of the property, including a tourism strategy, legal regulations for cruise ship tourism, identification of the sustainable carrying capacity of the city, a risk-preparedness action plan and an interpretation strategy,
   2. Not to proceed with the Bosanka 2 project, nor to construct the Lazeretto; Quay/Landing Stage with connection to the Old Port,
   3. Submit to the World Heritage Centre, by 1 February 2017, a minor boundary modification proposal with a view to expanding the buffer zone as recommended by the mission,
   4. Finalize and submit the retrospective Statement of Outstanding Universal Value (SOUV) for the property to the World Heritage Centre, by 1 February 2017, for examination by the World Heritage Committee at its 41st session in 2017;
5. Taking note of the current status of the Sports and Recreation Centre with a Golf Course and the Bosanka North and Bosanka South Tourist Resorts project planned for the plateau of Mount Srđ and Bosanka in the vicinity of the property, considers that the Heritage Impact Assessment (HIA) demonstrates that, subject to design refinement, the proposed Sports and Recreation Centre with a Golf Course and the Bosanka North and Bosanka South Tourist Resorts would have an acceptable effect on the OUV of the property, and further requests the State Party to:
   1. Facilitate revisions to the plans and drawings for the project to ensure that no construction is to take place within a minimum distance of 50m from the edges of the plateau,
   2. Continue the dialogue with the Advisory Bodies as the Resorts project progresses,
   3. Submit amended plans for the project to the World Heritage Centre in accordance with Paragraph 172 of the Operational Guidelines, for review by the Advisory Bodies before construction works begin,
   4. Submit relevant documentation, including HIAs, to the World Heritage Centre, in line with Paragraph 172 of the Operational Guidelines, before any final decisions are made or any works start, for major developments projects within the property, its buffer zone and setting;
6. Finally 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/16/40.COM/7B.Add,
2. Recalling Decisions 34 COM 7A.15, 35 COM 7B.30, 36 COM 7B.32, and 38 COM 7B.83, adopted at its 34th (Brasilia, 2010), 35th (UNESCO, 2011), 36th (Saint Petersburg, 2012) and 38th (Doha, 2014) sessions respectively,
3. Welcomes the progress achieved by the State Party in implementing the recommendations of the 2010 Reactive Monitoring mission;
4. Notes the progress achieved by the State Party in addressing solid waste management and requests the State Party to continue its efforts to establish an effective system of solid waste management and to also improve the management of sewage on land and sea;
5. Also requests the State Party to provide further information regarding the recent rezoning of the marine part of the property announced in March 2016, in view of evaluating the impacts on threats from illegal fishing raised in previous Committee decisions;
6. Expresses its concern that comprehensive and effective management responses, in particular as regards the fundamental and related challenges of biosecurity and tourism, continue to require further strengthening of current efforts and urges the State Party to fully implement the requests made by the Committee when it decided to remove the property from the List of World Heritage in Danger at its 34th session, including:
   1. Development and implementation of a clear tourism strategy for Galápagos, with a focus on establishing mechanisms to discourage rapid and uncontrolled growth in visitation,
   2. Completion of the biosecurity chain of inspection and control by establishing the dedicated cargo facilities at a single Guayaquil cargo loading dock and by considering Baltra as the only authorized point of entry to the islands to receive cargo from the continent;
7. Further requests the State Party to invite, before its 42nd session in 2018, an IUCN Reactive Monitoring mission to the property to assess the progress achieved in addressing these pending issues;
8. Requests furthermore 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/16/40.COM/7B,
2. Recalling Decision 38 COM 7B.92, adopted at its 38th session (Doha, 2014),
3. Regrets that the information submitted by the State Party did not address the requests made by the Committee in its Decision 38 COM 7B.92;
4. Reiterates its concern over oil exploration activities throughout the lake, noting that an accidental spill would pose a potentially severe risk to the entire lake ecosystem, including the aquatic zone and shoreline of the property, and urges the State Party to cancel the oil exploitation permit which overlaps with the property;
5. Reiterates its position that oil, gas and mineral exploration and exploitation are incompatible with World Heritage status, which is supported by the commitments made by industry leaders such as Shell and Total not to undertake such activities within World Heritage properties, and reiterates its call on Surestream and RAKGAS, that have been granted oil exploration concessions on the lake, to make a commitment to not exploit nor explore for oil or gas in World Heritage properties;
6. Requests the State Party to ensure that any oil exploration activities outside of the property, as well as any other development that may impact on the Outstanding Universal Value (OUV) of the property, including tourism developments, are subject to Environmental Impact Assessments in conformity with IUCN’s World Heritage Advice Note on Environmental Assessment;
7. Reiterates its request to the State Party to implement all the recommendations of the 2014 Reactive Monitoring mission;
8. Also requests the State Party to complete the revision of the 2007-2011 management plan for the property and provide it for review by the World Heritage Centre and IUCN, together with the approved sustainable tourism management strategy, in order to ensure that the revised management plan is aligned with the tourism plan and includes provisions for the implementation of the above-mentioned mission recommendations;
9. Further requests the State Party to submit to the World Heritage Centre, by 1 February 2017, a progress report and, 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-15/39.COM/7B,
2. Recalling Decision 37 COM 8B.24, adopted at its 37th session (Phnom Penh, 2013),
3. Notes the considerable steps taken by the State Party to respond to the recommendations of the Committee;
4. Welcomes the strengthened structures to promote sustainable development of the rice terraces and in particular, efforts to add value to local agricultural produce, and foster traditional local practices;
5. Commends the State Party for organizing an International Workshop on rice terrace landscapes and takes note of the Honghe Recommendations on Sustainable Development of Terraced Cultural Landscapes;
6. Encourages the State Party, to maintain dialogue with other properties in Asia that face similar challenges in managing extensive terrace landscapes;
7. Recommends that the State Party finalizes, adopts and implements the Sustainable Tourism Strategic Planning and the Interpretation Planning documents, and takes into consideration the need to carefully control visitor numbers, and to prepare guidelines for regulating tourism infrastructure development within the property, including impacts of viewing platforms and signage, and requests the State Party to submit copies of the final plans to the World Heritage Centre.

The World Heritage Committee,

1. Having examined Document WHC-14/38.COM/7B.Add,
2. Recalling Decision 13 COM IX.22, adopted at its 13th session (UNESCO, 1989),
3. Takes note of the State Party’s efforts to develop a range of mechanisms to safeguard Venice and its lagoon landscape and of the approved Management Plan resulting from extensive consultations among all stakholders, and encourages the State Party to undertake its revision based on the results from the technical evaluation by ICOMOS;
4. Expresses its concern about the extent and scale of proposals for large infrastructure, navigation and construction projects in the Lagoon that can potentially jeopardize the Outstanding Universal Value (OUV) of the property by generating irreversible transformations on the landscape and seascape of the property;
5. Requests the State Party to undertake Heritage Impact Assessments (HIAs) for these projects to assess both individual and overall cumulative impacts of the potential modifications of the Lagoon and its immediate land and seascape, in order to prevent any irreversible transformations and potential threat to the property’s OUV and to enhance the protection of the property in relation to sustaining its OUV;
6. Also expresses its concern about the negative environmental impacts triggered by medium motor boats to high tonnage ships that have progressively caused erosion of the lagoon beds, mud banks and salt marshes, and which could represent potential threat to the property’s OUV and also requests the State Party to enforce speed limits and regulate the number and type of boats;
7. Urges the State Party to prohibit the largest ships and tankers to enter the Lagoon and further requests the State Party to adopt, as a matter of urgency, a legal document introducing such a process;
8. Recognises the exceptionally high tourism pressure on the city of Venice, and the extensive tourism related activities, urges the State Party to prioritise the development of a sustainable tourism strategy, and also encourages the State Party to develop jointly with the major tourism and cruise companies alternative solutions to allow cruise tourists to enjoy and understand the value of Venice and also its fragility;
9. Further encourages financial institutions and agencies to ensure that Heritage and/or Environmental Impact Assessments are carried out to determine that there are no negative impacts on the OUV, before planning investment in large-scale developments within the property and its setting;
10. Encourages furthermore the State Party to continue with the assessment of the hydrology and geo-mechanics functioning of the Venice Lagoon and its whole drainage basin; and invites the State Party to establish a strong coordination among all stakeholders concerned to ensure the hydro-geological balances of the Venice Lagoon and the whole drainage basin, as well as the protection of all attributes that convey the OUV of the property;
11. Also takes note of the proposal for the establishment of the buffer zone and also invites the State Party to undertake its revision in line with the ICOMOS technical review and submit to the World Heritage Centre the minor boundary modification by 1 February 2015;
12. Requests furthermore the State Party to invite a joint UNESCO/ICOMOS reactive monitoring mission to the property in 2015 to assess current conditions at the property, including the evaluation of potential impacts derived from development proposals and identify options for development proposals in accordance to the OUV of the property, as well as to review if the property is faced with threats which could have deleterious effects on its inherent characteristics and meets the criteria for its inscription on the List of World Heritage in Danger in line with Paragraph 179 of the Operational Guidelines , and recommends to the State Party to also invite a representative of the Secretariat of the Ramsar Convention to take part in this reactive monitoring mission;
13. Requests moreover the State Party to submit to the World Heritage Centre, by 1 February 2015, a progress report on the state of conservation of the property, and by 1 December 2015 a state of conservation report on the implementation of the above, both reports including a 1-page executive summary, for examination by the World Heritage Committee at its 40th session in 2016.

The World Heritage Committee

1. Having examined Document WHC-14/38.COM/7B.Add,
2. Recalling Decision 37 COM 7B.5, adopted at its 37th session (Phnom Penh, 2013),
3. Reiterates its concern over oil exploration activities throughout the lake, noting that an accidental spill would pose a potentially severe risk to the integrity of the entire lake ecosystem including the aquatic zone and shoreline of the property
4. Notes that an Environmental and Social Impact Assessment (ESIA) for oil exploration in the northern part of the lake is being carried out, and requests the State Party to ensure that this ESIA includes a specific assessment of potential impacts of oil exploration and subsequent exploitation on the Outstanding Universal Value (OUV) of the property, in conformity with IUCN’s World Heritage Advice Note on Environmental Assessment;
5. Urges the State Party to cancel the oil exploitation permit which overlaps with the property and reiterates its position that oil, gas and mineral exploration and exploitation are incompatible with World Heritage status;
6. Calls on Surestream and RAKGAS, who have been awarded oil exploration concessions on the lake, to make a commitment to not exploit nor explore for oil or gas in World Heritage properties;
7. Also requests the State Party of Malawi to implement all the recommendations of the 2014 joint UNESCO/IUCN reactive monitoring mission:
   1. Demarcate the boundary of the outer limits of the aquatic zone of the property with floating buoys,
   2. Deploy patrol boats, other equipment and personnel to ensure enforcement of fishing restrictions and other measures aimed at protecting the OUV of the property,
   3. Design and implement an effective monitoring protocol to provide a basis for assessing changes in fish diversity and populations, other fauna, water quality and management parameters that could be used in adapting management interventions for better protection of the property’s OUV,
   4. Closely engage with communities in the village enclaves and in the periphery of the property to develop suitable resource management programmes,
   5. Promote low-impact eco-tourism ventures that comply with appropriate environmental and social impact standards;
8. Also urges the State Party to revise the 2007-2011 management plan for the property, provide an electronic and three printed copies for review by the World Heritage Centre and IUCN as soon as it is available and to ensure that the revised management plan includes provisions for the implementation of the above-mentioned mission recommendations;
9. Encourages the States Parties of Malawi, Mozambique and Tanzania to collaborate in identifying important localities for the protection of endemic fish and evolutionary processes with a view to incorporating such areas into an extended trans-national serial property, in cooperation with international conservation non-governmental organizations and scientific experts;
10. Further requests the State Party to submit to the World Heritage Centre, by 1 December 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 40th session in 2016.

The World Heritage Committee,

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

2.         Recalling Decision 36 COM 7B.19 adopted at its 36th session (Saint-Petersburg, 2012),

3.         Takes note of the fact that the gas prospection license has not been renewed so far and considers that any exploratory drilling would require an Environmental Impact Assessment (EIA), which would need to assess its potential impact on the Outstanding Universal Value (OUV) of the property, in particular its marine ecosystems, and be submitted to the World Heritage Committee for review;

4.         Requests the State Party to develop on overall management plan for the entire property and to clarify the existing management arrangements;

5.         Notes with concern the increase in tourism pressure on the property and its possible impact on the OUV, and also requests the State Party to include in the Management Plan a sustainable tourism strategy and a set of measures to address the tourism pressure;

6.         Further requests the State Party to provide further details on the proposed construction of a new sewage treatment station for the city of Porto, and the possible enlargement of the D424 and D81 roads, in line with paragraph 172 of the Operational Guidelines;

7.         Welcomes the proposed enlargement of the Scandola Reserve and recommends that the State Party consider reflecting this enlargement into the property, following the appropriate procedures for boundary modifications as outlined in the Operational Guidelines;

8.         Requests furthermore the State Party to submit to the World Heritage Centre by 1 February 2016, a detailed report on the state of conservation of the property and the implementation of the above, as well as of the recommendations of the Committee of Ministers of the Council of Europe.

The World Heritage Committee,

1.  Having examined Document WHC-12/36.COM/7B.Add,

2.  Recalling Decision 35 COM 7B.19 adopted at its 35th session (UNESCO, 2011),

3.  Notes with concern that expansion works on Highway 304 have been completed outside the property without the implementation of appropriate mitigation measures along the sections of the highway within the property, and requests the State Party to:

a)  Urgently submit the completed EIA for section 26-29 km along with detailed plans for ecologically effective wildlife corridors including a detailed timeline, financial planning and resources for construction of the corridors, and mitigation actions to be implemented during construction and long-term enforcement actions to prevent encroachment,

b)  Implement and enforce speed limits and impact mitigation actions on the sections of Highway 304 running within the boundaries of the property, as well as other roads that bisect the property, and to monitor use of other roads as shortcuts and transport routes through the property;

4.  Also notes with concern that construction continues at the Huay Samong Dam site, and also requests the State Party to halt construction of the Huay Samong Dam until appropriate resources are committed to ensure mitigation, enforcement and anti-encroachment actions are effectively in place, including enhanced cooperation between management authorities and enforcement actions to prevent further impacts on the property;

5.  Further requests the State Party to implement all the other recommendations from the 2012 joint World Heritage Centre/IUCN reactive monitoring mission by June 2014, in particular:

a)  Closely monitor the level of encroachment, including by undertaking detailed mapping of the encroachments, including location, land use and magnitude, in relation to current boundaries of the World Heritage Property and to assess any increase in encroachment since inscription using satellite imagery and topographic analysis, and consider submitting a boundary modification request where appropriate, following the relevant procedures as outlined in the Opertational Guidelines,

b)  Strengthen enforcement measures, provide adequate resources to the management authority and law enforcement agencies, work with surrounding communities to increase awareness of the boundaries of the property and garner support for the conservation of the property and its OUV,

c)  Prioritize reduction of illegal grazing activities within the property and pay particular attention to stopping grazing activities conducted by commercial agricultural companies,

d)  Consider extending the property in order to include areas that better represent its Outstanding Universal Value, based on the mapping of encroachments recommended above, and considering current levels of encroachment, realistic boundaries for enforcement, and impacts and mitigation from construction of the Huay Samong Dam,

e)  Strengthen efforts in implementing the Management Plan for Dong Phayayen – Khao Yai Forest Complex, including an updated and revised plan for the complex that involves and encourages cooperation and coordination of all relevant ministries and agencies, and stakeholders at both national and local levels,

f)   Develop and implement a detailed, integrated, extensive and long-term tourism management plan that includes actions to address the current impacts from high intensive tourism and encourages them to submit a request for International Assistance to the Committee to support the development of the tourism plan,

g)  Consider a detailed management related zoning plan for the property, to ensure core areas of habitat are identified and provided with increased levels of protection, including designation of an appropriate buffer zone around the property to ensure protection against adjacent developments;

6.  Considers that cattle grazing in the property represents a serious concern, and that the on-going encroachment of the property has not yet been adequately addressed, and encourages the State Party to secure the appropriate high-level political support to tackle these threats;

7.  Requests furthermore the State Party to submit to the World Heritage Centre, by 1 February 2013, an updated and detailed report on the state of conservation of the property, including a report on the progress achieved in the implementation of the 2012 mission recommendations, for examination by the World Heritage Committee at its 37th session in 2013, when the Committee should also consider the need for a further reactive monitoring mission, and the possible inscription of the property on the List of World Heritage in Danger.

The World Heritage Committee,

1.   Having examined Document WHC-12/36.COM/7B,

2.   Recalling Decisions 31 COM 7B.114, 32 COM 7B.98 and 34 COM 7B.91 adopted at its 31st (Christchurch, 2007), 32nd (Quebec City, 2008) and 34th (Brasilia, 2010) sessions respectively,

3.   Welcomes the submission of the first joint report by the two States Parties;

4.   Recognizes the efforts made by both States Parties to ensure the safeguarding of the property and encourages them to continue such efforts in cooperation with the World Heritage Centre and the Advisory Bodies;

5.   Also welcomes the progress made in terms of greater collaboration between the National Parks in both parts of the property and the joint actions that have been agreed to take forward work on an overall Tourism Strategy, a joint Traffic Management Plan and joint Management Structures;

6.   Notes that the State Party of the Russian Federation has suspended the proposed Economic Development Zone in the Kaliningrad region;

7.   Requests confirmation from the State Party of the Russian Federation, by 1 September 2012,that the proposed large leisure complexes will not be constructed;

8.   Takes note of the possibility of a liquefied gas terminal outside the property at Klaipeda and also requests the State Party of Lithuania to undertake full impact assessments (Strategic Environmental and Heritage Impact Assessments) prior to any decision on such a development, in order to consider the potential impacts on the Outstanding Universal Value of the property. These assessments should be provided to the World Heritage Centre in accordance with Paragraph 172 of the Operational Guidelines;

9.   Also notes the progress with the revised National Park Plan for Lithuania and further requests the State Party of Lithuania to provide three printed and electronic copies of the revised Management Plan for review by the World Heritage Centre and the Advisory Bodies;

10. Requests furthermore both States Parties to submit to the World Heritage Centre, by 1 February 2014, a joint 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 38th session in 2014.

The World Heritage Committee,

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

2. Recalling Decision 33 COM 7B.18, adopted at its 33rd session (Seville, 2009),

3. Commends the State Party for its progress in implementing the recommendations made by the World Heritage Committee at its 33rd session (Seville, 2009), particularly in relation to illegal fishing;

4. Urges the State Party to expedite the application for the designation of the Sulu Sea as a Particularly Sensitive Sea Area, and encourages it to obtain the necessary expert advice in order to complete the process and to consider requesting International Assistance from the World Heritage Fund to this end;

5. Also encourages the State Party to expediently resolve jurisdictional ambiguities within the newly declared buffer zone to the satisfaction of World Heritage interests, either by extending the mandate of the Tubbataha Management Office to this area, or by finding other suitable arrangements;

6. Also urges the State Party to develop a comprehensive tourism management plan for the property before implementing strategies to increase funding through tourism;

7. Takes note of the diverse ecological monitoring activities taking place in the property and further urges the State Party to ensure that the results of these activities are made available, and contribute substantially to management planning;

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, including progress made in the implementation of the above.