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2. Policies Regarding CREDIBILITY of the World Heritage List
2.2. Outstanding Universal Value
2.2.3. Authenticity

Case Law

Extract

Synthesis based on relevant Committee decisions

The World Heritage Committee encourages the use of traditional materials and skills in restoration works and interventions (based on Case law on decisions on the State of Conservation).
Date year: 2019 2017 2016 2014 2010
See for examples Decisions (6)
Code: 43 COM 7B.76

The World Heritage Committee,

  1. Having examined Document WHC/19/43.COM/7B,
  2. Recalling Decision 41 COM 7B.98, adopted at its 41st session (Krakow, 2017),
  3. Acknowledges the State Party’s efforts to continue addressing conservation and management issues, and in particular the finalization of updated Master Plan for Conservation and Development (2018-2027), including a disaster risk prevention strategy, and encourages the State Party to ensure the timely adoption and implementation of the updated Master Plan and any associated strategies and to provide further information on the implementation of provisions for disaster responses and evaluation of the impact on communities of relocation programmes;
  4. Welcomes the updated Notification on Rules and Procedure in Pursuing Permission of Building Construction in an effort to protect the Outstanding Universal Value (OUV) of the property, on which further comments are provided in an ICOMOS technical review for consideration by the State Party;
  5. Requests the State Party to pursue comprehensive implementation of the demolition order for the University Faculty of Fine Arts building, to ensure that there is no negative impact on the OUV of the property;
  6. Notes with satisfaction the continued training activities organized to improve the capacity of local craftspeople who undertake conservation activities, and also encourages the State Party to continue organizing such capacity-building activities to respond to identified training needs;
  7. Further encourages the State Party to monitor the inscribed monuments regularly and to ensure that any intervention is based on scientific conservation principles and respects the use of traditional materials and skills;
  8. Also requests the State Party to inform the World Heritage Centre, of any future plans for major restoration or new construction projects that may affect the OUV of the property, in accordance with Paragraph 172 of the Operational Guidelines, before such projects commence or any irreversible decisions are made;
  9. Further requests the State Party to pursue an extension to the boundary of the property to reflect the complete footprint of the City of Ayutthaya in consultation with the World Heritage Centre and the Advisory Bodies, with a view to submitting a re-nomination or minor boundary modification proposal;
  10. Finally Requests the State Party to submit to the World Heritage Centre, by 1 December 2020, an updated report on the state of conservation of the property, including the updated Master Plan for Conservation and Development and the updated Notification on Rules and Procedure in Pursuing Permission of Building Construction at the property, for review by the Advisory Bodies.

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Code: 43 COM 7A.33

The World Heritage Committee,

  1. Having examined Document WHC/19/43.COM/7A.Add,
  2. Recalling Decisions 42 COM 7A.32 and 42 COM 7A.36, adopted at its 42nd session (Manama, 2018),
  3. Taking into account Decision 43 COM 7A.37, on the World Heritage properties of the Syrian Arab Republic,
  4. Welcomes the establishment of a center for the traditional production of building materials and the setting up of licensing regulations as ways to encourage the use of traditional construction techniques and materials for restoration works and address cumulative threats to authenticity of the property; and also welcomes the proposed development of a digital tour guide for local communities and a ‘digital footprint’ project to raise awareness of the history of the property, if the necessary technical and financial resources can be found;
  5. Encourages the State Party to continue its efforts in implementing the Committee’s decisions, despite a difficult technical and financial situation, particularly in addressing the need to gather historical archives and documentation, and in the efforts to use traditional materials and techniques in restoration works;
  6. Also encourages the State Party to continue implementing the recommendations of the 2016 UNESCO First Aid Support Meeting and the 2016 UNESCO Technical Assistance Workshop, to pursue its efforts towards the development of a Management Plan for the property and consider applying for an International Assistance request to this end;
  7. Reiterates its request to the State Party:
    1. To analyze the reasons behind the previously reported fires, to continue implementing all necessary risk-prevention and mitigation actions outlined in the Emergency Response Plan of December 2013, and to report back to the World Heritage Centre on the progress made thereon,
    2. To submit to the World Heritage Centre, for review by ICOMOS, in conformity with Paragraph 172 of the Operational Guidelines, information on any proposed reconstruction and restoration projects within the property, and on all damaged structures, including the revised detailed designs and work so far undertaken for the restoration of the “Ottoman Bank”;
  8. Calls on all UNESCO Member States to support emergency safeguarding and recovery measures, including through the UNESCO Heritage Emergency Fund;
  9. Also reiterates its request that the invited joint World Heritage Centre/ICOMOS/ICCROM Reactive Monitoring mission be carried out as soon as the security situation allows, in order to proceed with a comprehensive assessment of the state of conservation of the property and identify measures needed to reverse the decay, ensuring the conservation and protection of the property;
  10. Requests the State Party to submit to the World Heritage Centre, by 1 February 2020, 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 44th session in 2020;
  11. Decides to retain Ancient City of Damascus (Syrian Arab Republic) on the List of World Heritage in Danger.

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Code: 41 COM 7B.46

The World Heritage Committee,

  1. Having examined Document WHC/17/41.COM/7B.Add,
  2. Recalling Decision 39 COM 7B.79, adopted at its 39th session (Bonn, 2015),
  3. Welcomes the efforts made by the State Party to improve the protection of all components of the property and its buffer zone and encourages it to sustain these efforts to prevent any loss of authenticity and integrity due to the planned developments in the property or its buffer zone which could constitute a threat to the property;
  4. Nonetheless express concern at the modification to the setting regulations of Budapest approved by the Municipality of Budapest in December 2016 to allow tall buildings up to 120 metre height in the 11th District, part of the wider setting of the property, which would adversely impact on World Heritage cityscape and protected views, and urges the State Party to consider how World Heritage protection can take precedent over this regulation;
  5. Reiterates its request that the State Party finalize, as soon as possible, the Management Plan of the property, including details of the protective measures and reference to decision making framework in regulatory regimes, as well as a proposal for enlargement of the buffer zone and submit it to the World Heritage Centre for review by the Advisory Bodies;
  6. Notes with concern that a number of large-scale development projects proposed within the property, its buffer zone and its wider setting which may substantially impact on the Outstanding Universal Value (OUV) of the property;
  7. Noting that the State Party invited an ICOMOS Advisory mission in order to review and analyze all ongoing and planned interventions, recommends that this mission take place by end of 2017 and also urges the State Party to halt further permissions for major projects until this assessment has been undertaken;
  8. Should the conclusions of the analysis by the Advisory mission indicate any potential negative impact on the OUV of the property, also requests the State Party to invite a joint World Heritage Centre/ICOMOS Reactive Monitoring mission to the property to assess the potential impact of the developments proposed on the OUV of the property, in light of the conclusion of the analysis by the Advisory mission;
  9. 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.

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Code: 40 COM 7B.41

The World Heritage Committee,

  1. Having examined Document WHC/16/40.COM/7B.Add,
  2. Recalling Decision 39 COM 7B.69, adopted at its 39th session (Bonn, 2015),
  3. Acknowledges the efforts of the Department of Archaeology, with the support of UNESCO and various donors and agencies, to respond to the effects of the April/May 2015 earthquakes;
  4. Notes that all seven monument zones have suffered extensive damage from the earthquakes of April-May 2015, which resulted in adverse impacts on attributes, authenticity, integrity and management of the property and put its Outstanding Universal Value (OUV) at risk;
  5. Also notes that earthquakes are a regular feature of the Kathmandu Valley, and that the “cyclical renewal” carried out by craftspeople, using traditional processes and materials, has sustained the heritage values of the property over time;
  6. Considers that a renewal process could help restore some of the attributes affected by the earthquake, thereby reducing the impact on the OUV, but emphasizes that this work must be based on a review and analysis of precisely what has been damaged and could be recovered, of what has been lost and will need to be replaced by new structures, as well as on a clear understanding of the attributes of OUV for each monument zone and how each has been impacted;
  7. Urges the State Party to develop, in full engagement with local community groups, including traditional Guthis and others, a carefully-designed Recovery Master Plan (RMP) supported by guidelines to identify what attributes of OUV can be recovered, how choices are justified, and how the recovery work will be phased and undertaken. The RMP should facilitate the appropriate use, management and maintenance of the sites, in accordance with the OUV of the property and with other local and national values;
  8. Also urges the State Party to integrate the RMP within an overall socio-economic revitalisation programme for urban communities, to encourage residents and local businesses to engage in the recovery process and to ensure that it delivers wide-ranging social and economic benefits;
  9. Requests the State Party to review the Integrated Management Plan (IMP) for the property, taking into consideration the damage caused by the earthquakes, its impact on the OUV of the property and the provisions of the RMP, and to prepare a plan of action to build capacity through coordination of local and international expertise, training programmes for both heritage principles and master crafts and a scheme to foster long-term sustainability through the provision of reasonable remuneration and long-term employment;
  10. Takes note of the report provided by the 2015 Reactive Monitoring mission and also requests the State Party to implement all its detailed recommendations as appropriate;
  11. Notes with concern the need for a coherent, consistent and coordinated approach by national institutions for adequate response from the State Party in pursuing recovery and reconstruction of the heritage property;
  12. Further notes the dimensions of the recovery task and the potential for the property to be subject to considerable pressure to rebuild within the monument and buffer zones using new approaches and technologies, and to use contractors with inadequate experience and familiarity with traditional materials and local processes, all of which could have considerable adverse impacts on the OUV of the property;
  13. Taking into account all of the above-mentioned potential threats and the ascertained threats to the property’s OUV caused by the immediate impacts of the 2015 earthquakes, further requests the State Party to invite a joint World Heritage Centre/ICOMOS/ICCROM Reactive Monitoring mission to further define corrective measures and to ascertain the progress accomplished by the State Party;
  14. Calls on the international community to continue providing support for both the short-term protection and emergency safeguarding measures and the long-term conservation of the property, which are both necessary to maintain the OUV of the Kathmandu Valley;
  15. Requests furthermore the State Party to submit to the World Heritage Centre, before any irreversible decision is made, detailed information about any major restoration, rehabilitation or reconstruction works foreseen within and in the vicinity of the property, for review by the Advisory Bodies in accordance with Paragraph 172 of the Operational Guidelines;
  16. Finally requests the State Party to submit to the World Heritage Centre, by 1 February 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 41st session in 2017, with a view to considering, in the absence of significant progress, the possible inscription of the property on the List of World Heritage in Danger.

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Code: 38 COM 7B.52

The World Heritage Committee,

  1. Having examined Document WHC-14/38.COM/7B,
  2. Recalling Decision 37 COM 8B.22, adopted at its 37th session (Phnom Penh, 2013),
  3. Commends the State Party for the actions it has undertaken in response to the World Heritage Committee’s recommendations at the time of inscription to continue the inventory of built and intangible heritage, to promote the use of restoration standards, to monitor the results of the recently introduced policy to ban the use of non-traditional materials, and to pay particular attention to the situation of inappropriate advertisements inside the property and buffer zone;
  4. Also commends the State Party for initiating procedures to engage and raise the population’s awareness about the conservation of the property, to transmit knowhow concerning traditional construction practices, to address the issue of rare traditional wood species, and to pay more attention to the question of sanitation;
  5. Congratulates the State Party for its efforts to include local communities - and especially youth and women - in the conservation of the property; and encourages the State Party to develop a sustainable tourism management plan;
  6. Requests the State Party, in consultation with the World Heritage Centre and the Advisory Bodies, to more fully respond to the World Heritage Committee’s request to describe in a unified and practical form the indicators for monitoring the property and the results of their application;
  7. Also 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.

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Code: 34 COM 7B.53

The World Heritage Committee,

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

2. Recalling that the Muzibu Azaala Mpanga building at Kasubi was an outstanding example of an architectural style developed by the Buganda Kingdom since the 13th century, due to its design and spatial organization, but also its elaboration and size,

3. Thanks the Director-General of UNESCO for having dispatched, immediately after the fire that resulted in the destruction of the property, a mission in April 2010 led by the World Heritage Centre and including experts from the African World Heritage Fund and CRATerre-ENSAG, with the primary objective to assess the extent of the damage, and discuss with the relevant authorities actions to be taken, including its possible reconstruction;

4. Takes note of the results of the 2010 mission, which observed that the entire Muzibu Azaala Mpanga building has been destroyed, and the wish of the State Party to undertake its reconstruction;

5. Considers that, with the unfortunate destruction of the Muzibu Azaala Mpanga, the property faces a serious deterioration of its architectural components and therefore meets the criteria for inscription on the List of World Heritage in Danger as defined in Paragraph 179 of the Operational Guidelines;

6. Also considers that the reconstruction of the Muzibu Azaala Mpanga could be justified, provided, that the new structure is based on authenticity in design, materials, and techniques as well as continuing use; and that:

a) a clear rationale for the overall project is set out and agreed in advance that sets out the basis for the chosen approach,

b) due consideration is given to the various options, such as re-building as in 2010, 1938, 1911 or as in the 1880s, based on sound documentation and traditional materials and techniques,

7. Notes that the State Party has submitted a reconstruction strategy to the World Heritage Centre for review by the Advisory Bodies and requests that no reconstruction work commences before this review is finalized;

8. Further considers that the reconstruction of Muzibu Azaala Mpanga without proper studies and the development of an agreed reconstruction strategy could impair the remaining Outstanding Universal Value of the property;

9. Considers moreover that the overall reconstruction of the Muzibu Azaala Mpanga building will need close monitoring through the Advisory Bodies and detailed documentation;

10. Encourages the State Party to appoint a site manager for the property and to establish a coordination mechanism which will enable the Buganda kingdom and other stakeholders to work together and share responsibilities during the reconstruction process;

11. Decides to inscribe the Tombs of Buganda Kings at Kasubi (Uganda) on the List of World Heritage in Danger;

12. Also notes that the State Party has submitted to the World Heritage Centre the recently revised 2009-2015 management plan, and also requests the State Party to ensure its implementation in close collaboration with the main stakeholders of the property;

13. Further requests the State Party to invite, as soon as possible, a joint World Heritage Centre/ICCROM/ICOMOS reactive monitoring mission and the African World Heritage Fund to the property, to assess the state of conservation of the property, and develop, in cooperation with the State Party, the corrective measures to address the threats to the Outstanding Universal Value as well as a time frame for their implementation, a Desired State of Conservation for the removal of the property from the List of World Heritage in Danger, and to advise the stakeholders on the overall reconstruction of the Muzibu Azaala Mpanga;

14. Finally 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, describing progress made in the reconstruction of the Muzibu Azaala Mpanga and in the implementation of the 2009-2015 management plan, for examination by the World Heritage Committee at its 35th session in 2011.

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