Case Law - Intangible heritage

The World Heritage Committee,

1. Having examined Document WHC/21/44.COM/7B,
2. Recalling Decision 41 COM 7B.67, adopted at its 41st session (Krakow, 2017),
3. Welcomes the State Party's reactivity following the floods, by putting in place a crisis management system, by relocating the affected populations and by requesting the organization of a UNESCO emergency mission;
4. Notes the implementation of the project to reopen the Comoé River as part of the project to safeguard and enhance the Cocody bay and the Ebrié lagoon (PABC), regrets that this project was not submitted to the World Heritage Centre in accordance with Paragraph 172 of the Operational Guidelines, and requests the State Party to submit the PABC to the World Heritage Centre, as soon as possible, for review by the Advisory Bodies so that solutions can be found to adapt the approach to the recommendations provided in the report of the emergency mission of October 2019, and more particularly to:
   1. Submit to the World Heritage Centre, before any intervention, the dykes project with its different height scenarios for evaluation by the Advisory Bodies,
   2. Carry out a visual and heritage impact study of the civil engineering project planned for a height of 6 metres;
5. Expresses its deep concern at the acceleration of the degradation of the state of conservation of several heritage buildings, including the courthouse, the lighthouse and the former post and customs hotel and, while welcoming the cooperation initiatives taken by the State Party in favour of heritage restoration, in particular through public/private partnership agreements, also requests the State Party to:
   1. Consider these initiatives in a planned manner, with particular emphasis on group operations,
   2. Strengthen these initiatives by:
      1. Consolidation and updating of the inventory of existing heritage,
      2. Establishment of in-depth architectural and cultural diagnoses,
      3. Strengthening of the monitoring and control of town planning and construction rules and the application of regulations by all concerned public and private actors,
      4. Capacity building for heritage and construction professionals,
      5. Establishment of a monitoring committee for restoration work;
6. Further requests the State Party to strengthen the management of the site, by giving more resources to the Heritage House and to relocate it in a heritage building, thus giving it an emblematic and exemplary character at the heart of the site;
7. Also welcomes the draft revision of the conservation and management plan (including a risk management plan) and encourages the State Party to finalize it;
8. Thanks the Government of Norway for its financial support for the implementation of a support programme for the preservation of the property, which includes in particular the inventory work, the finalization of the management plan, the revision and publication of an interventions guide on the property and the establishment of a monitoring committee for restoration work;
9. Also encourages the State Party to strengthen measures to safeguard and promote the intangible heritage of the N'zima community;
10. Finally requests the State Party to submit to the World Heritage Centre, by 1 December 2022, 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 46th session.

The World Heritage Committee,

1. Having examined Document WHC/21/44.COM/7B.Add,
2. Recalling Decision 42 COM 7B.2 adopted at its 42nd session (Manama, 2018),
3. Notes with satisfaction the conclusion of the April 2019 Reactive Monitoring mission that there was no significant negative impact on the Outstanding Universal Value (OUV) of the property resulting from the 17 February 2018 fire at Jokhang Temple, welcomes the State Party’s efforts to undertake response, recovery and prevention initiatives following the fire, and requests the State Party to implement fully the recommendations of the Reactive Monitoring mission;
4. Regrets that pavilions were erected close to the Jokhang Temple Monastery to protect three historic stelae prior to the submission of plans and a Heritage Impact Assessment (HIA), despite the provisions of Paragraph 172 of the Operational Guidelines, expresses concern that these may have a negative effect on the cultural setting and context of the Jokhang Temple Monastery, and also requests the State Party to explore alternative solutions in accordance with the advice provided by ICOMOS and to submit a full HIA, prepared in accordance with the 2011 ICOMOS Guidance on HIAs for Cultural World Heritage Properties, for review by the Advisory Bodies, prior to the implementation of any revised design;
5. Notes the ongoing work to complete the three conservation plans for the three component parts of the property, but reiterates its request to submit these as soon as possible to the World Heritage Centre for review by the Advisory Bodies, prior to formal adoption and implementation;
6. Also notes the submission of three maps with property boundaries and buffer zones, but further requests re-examination and adjustment of the buffer zone of Norbulingka so that it conforms more clearly to identifiable landmarks, and clarify the buffer zones of the property and the regulations, which will apply to the buffer zones along with the submission of a proposal for a boundary clarification for the property as soon as possible;
7. Expresses its appreciation to the State Party for its commitment towards the protection of the intangible heritage attributes of the property, but requests furthermore that more work be carried out to ensure that sufficient attention is given to safeguarding these important attributes and that the Jokhang Temple plaza be managed so that pilgrims can bow and visit the shrine in a sacred atmosphere, respectful of the cultural setting and integrity, and can traverse from the plaza entrance to the temple while praying without being disturbed by tourists;
8. Commends the efforts of the State Party with regard to the possible demolition of the existing television tower once a new tower on the eastern edge of the city is completed, but urges it to prepare an HIA for the new tower as a matter of priority, in accordance with the 2011 ICOMOS Guidance, to ensure that it does not have any negative impact on the OUV of the property;
9. Finally requests the State Party to submit to the World Heritage Centre, by 1 December 2022, 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 46th session.

The World Heritage Committee,

1. Having examined Document WHC/18/42.COM/7B,
2. Recalling Decision 40 COM 7B.1, adopted at its 40th session (Istanbul/UNESCO, 2016),
3. Commends the six States Parties on their cooperation and commitment in addressing the recommendations noted at the time of inscription, and for the important advances in the implementation of the UNESCO/Japanese Funds-in-Trust for the Preservation of the World Cultural Heritage (JFiT) project “Support to the reinforcement of the participative management structure of the Qhapaq Ñan, Andean Road System”;
4. Strongly encourages the six State Parties to continue working in a coordinated and global manner to address the long-term conservation and management challenges of the property as a whole;
5. Notes with appreciation the progress made by the States Parties in the development of participatory management and conservation plans, including the participation of local communities in their design and eventual implementation, which will be evaluated in due time by the Advisory Bodies;
6. Requests the remaining national and local management and conservation plans be submitted to the World Heritage Centre for evaluation by the Advisory Bodies once finalized and approved;
7. Takes note of the methodology and guiding documents developed to address risk preparedness and disaster management throughout the property, as well as the upcoming workshop in Cuzco in October 2018 on this topic, and also requests the States Parties to develop, adopt, and implement appropriate strategies for their respective risk factors identified as a matter of priority;
8. Also commends the States Parties for the development of a framework for the elaboration of Heritage Impact Assessments (HIAs), and also encourages them to complete the important follow-up measures identified during the workshop held in Chile (August 2017) to implement a proper mechanism with the aim of preventing any negative impact to the Outstanding Universal Value (OUV) caused by potential developments in and around the property;
9. Further encourages the States Parties to continue their work towards developing and implementing the monitoring system for the property’s state of conservation and intangible heritage elements;
10. Further requests the States Parties to submit to the World Heritage Centre, by 1 December 2020, an updated joint report on the state of conservation of the property and the implementation of the above, for examination by the World Heritage Committee at its 45th session in 2021.

The World Heritage Committee,

1. Having examined Document WHC/16/40.COM/7B.Add,
2. Recalling Decision 38 COM 8B.43, adopted at its 38th session (Doha, 2014),
3. Notes the establishment of the international mechanism to ensure political, technical and administrative coordination for the management framework of the property, including the designation of its first Pro Tempore Secretariat in Peru;
4. Notes with appreciation the elaboration of the project “Support to the reinforcement of the participative management structure of the Qhapaq Ñan, Andean Road System”, in coordination with the World Heritage Centre, and financed by the UNESCO/Japan Funds-in-Trust (JFIT) to reinforce management capacities at national and local level;
5. Acknowledges the progress made in the elaboration of Management and Conservation Plans for the property and requests the six States Parties to finalize these plans for all the remaining segments and to submit them to the World Heritage Centre for evaluation by the Advisory Bodies as soon as they are available;
6. Urges the six States Parties to develop Risk Preparedness and Disaster Management strategies in earthquake-prone regions;
7. Commends the six States Parties for the development of a navigable plan which enables the understanding of the integral significance of the cultural route and also encourages them to finalize the first proposal and submit it to the World Heritage Centre for evaluation by the Advisory Bodies, as soon as it is available;
8. Also acknowledges the important progress made by the six States Parties in the redefinition of the boundaries of the buffer zones, particularly regarding the landscape features of the property, as requested by Decision 38 COM 8B.43, and further encourages them to continue this process;
9. Recognizes the efforts made by the six States Parties to strengthen capacities for the understanding of the Heritage Impact Assessment process to be applied in the event of any significant project development to preserve the important landscape features around all Qhapaq Ñan road segments;
10. Takes note of the submission of the ethnographic and oral record sheets, along with the ethnographic thematic maps developed during the nomination process and encourages furthermore the States Parties to develop a monitoring system of intangible heritage elements and the implications in terms of management of the property within the framework of the Japanese Funds In Trust project;
11. Also requests the six States Parties to submit to the World Heritage Centre, by 1 December 2017, an updated joint 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.