Case Law

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 Decision 34 COM 7B.70, adopted at its 34th session (Brasilia, 2010),

3.   Acknowledges the efforts made by the State Party to address the conservation issues at the property; and notes the pragmatic approach currently applied by the Bodhgaya Temple Management Committee (BTMC) to retain its special legal status, under the Bodhgaya Temple Act of 1949;

4.   Also notes the results of the February 2011 joint World Heritage Centre/ICOMOS/ICCROM reactive monitoring mission, endorses its recommendations on the satisfactory condition of the property, including the sacred Bodhi Tree, and requests the State Party to:

a)  Ensure urgent protection of the vulnerable setting and the wider landscape through a balanced vision, which integrates conservation, pilgrimage and community development,

b)  Formally designate an adequate buffer zone for the immediate setting of the property and appropriate protection for the wider landscape,

c)  Identify, in consultation with the World Heritage Centre and the Advisory Bodies a two-step approach, firstly, an adequate buffer zone for the protection of the immediate setting as well as a regulatory framework for the protection of the wider  landscape, following as second step, a serial extension of the property to include other sites with outstanding associations to the life of Lord Buddha,

d)  Revise the Management Plan and the regional development plan in light of the proposed buffer zone boundaries and regulations; and conduct a study of pilgrimage patterns and visitor behaviour to identify the most significant pressures and develop, on this basis, a comprehensive visitor/pilgrims management strategy,

e)  Undertake capacity-building activities for all local stakeholders concerned to raise awareness of World Heritage management requirements;

5.   Encourages the State Party to submit the designated buffer zone as a minor boundary modification;

6.   Also requests the State Party to submit to the World Heritage Centre, by 1 February 2014, a 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-12/36.COM/7B.Add,

2.   Recalling Decision 35 COM 7B.72, adopted at its 35th session (UNESCO, 2011),

3.   Regrets that the State Party did not submit a report on the state of conservation of the property as requested by the World Heritage Committee;

4.   Expresses its concern that infrastructure developments have occurred at the property without heritage impact assessments carried out or without a landscape plan in place and urges the State Party to implement necessary measures to mitigate their identified impacts;

5.   Notes the results of the February 2012 reactive monitoring mission and encourages the State Party to implement its recommendations, with a particular emphasis on:

a)  Monitor road traffic on route 14A and implement measures to control the number and speed of vehicles and consider creating a viable alternate route to the west of the property,

b)  Develop a comprehensive land-use plan that addresses zoning, use, potential infrastructure development and guidelines for facilities,

c)  Carry out visual impact assessments on the proposed locations for the construction of water towers and submit their results to the World Heritage Centre and the Advisory Bodies for review prior to committing to its implementation,

d)  Implement measures to mitigate the visual impact of the new site management office and the entrance gate,

e)  Develop an interpretation and awareness raising strategy for the property, including a local community engagement programme, to enhance the interpretation of the property and appropriation by associated living communities,

f)   Develop a policy for engaging foreign missions based on actions proposed in the Management Plan instead of ad-hoc decisions;

6.   Requests the State Party to submit to the World Heritage Centre, by 1 February 2014, a report on the state of conservation of the property and on the implementation of the recommendations set out above, for examination by the World Heritage Committee at its 38th session in 2014.