Policy Compendium

Article 11

5. "The Committee shall define the criteria on the basis of which a property belonging to the cultural or natural heritage may be included in either of the lists mentioned in paragraphs 2 and 4 of this article."

Paragraph 166

“Where a State Party wishes to have the property inscribed under additional, fewer or different criteria other than those used for the original inscription, it shall submit this request as if it were a new nomination (including the requirement to be previously included on the Tentative List – see paragraph 63 and 65). This re-nomination must be received by 1 February and will be evaluated in the full year and a half cycle of evaluation according to the procedures and timetable outlined in paragraph 168. Properties recommended will only be evaluated under the new criteria and will remain on the World Heritage List even if unsuccessful in having additional criteria recognized.”

(v) "Particular attention should be given to cases which fall under criterion (vi) so that the net result would not be a reduction in the value of the List, due to the large potential number of nominations as well as to political difficulties. Nominations concerning, in particular, historical events or famous people could be strongly influenced by nationalism or other particularisms in contradiction with the objectives of the World Heritage Convention."

19. "(...)

(a) Because of the educational and public information purposes of the World Heritage List, the criteria for the inclusion of properties in the List have been elaborated with a view to enabling the Committee to act with full independence in evaluating the intrinsic merit of a property without regard to any other consideration (including the need for technical co-operation support).

(f) The criteria for the inclusion of cultural properties in the World Heritage List should always be seen in relation to one another and should be considered in the context of the definitions set out in· Article 1 of the Convention."

Paragraph 77

"Criterion vi [To] be directly or tangibly associated with events or living traditions, with ideas, or with beliefs, with artistic and literary works of outstanding universal significance. (The Committee considers that this criterion should preferably be used in conjunction with other criteria)."

J. Note 11 (iii) “In order to preserve its symbolic status as a monument to all the victims, Auschwitz should, it seems, remain in isolation. In other words, we recommend that it should stand alone among cultural properties as bearing witness to the depth of horror and of suffering, and the height of heroism, and that all other sites of the same nature be symbolized through it”.

Conclusions. “Sites representing the positive and negative sides of human history will only be invested with real force if we make the most remarkable into unique symbols, each one standing for the whole series of similar events”.

31. “The Committee decided to enter Auschwitz concentration camp on the List as a unique site and to restrict the inscription of other sites of a similar nature.”

Paragraph 87

“All properties nominated for inscription on the World Heritage List shall satisfy the conditions of integrity.”

Paragraph 88

“Integrity is a measure of the wholeness and intactness of the natural and/or cultural heritage and its attributes. Examining the conditions of integrity, therefore requires assessing the extent to which the property:

a) includes all elements necessary to express its Outstanding Universal Value;

b) is of adequate size to ensure the complete representation of the features and processes which convey the property’s significance;

c) suffers from adverse effects of development and/or neglect.

This should be presented in a statement of integrity.”

Paragraph 89

“For properties nominated under criteria (i) to (vi), the physical fabric of the property and/or its significant features should be in good condition, and the impact of deterioration processes controlled. A significant proportion of the elements necessary to convey the totality of the value conveyed by the property should be included. Relationships and dynamic functions present in cultural landscapes, historic towns or other living properties essential to their distinctive character should also be maintained.”

Paragraph 90

“For all properties nominated under criteria (vii) - (x), bio-physical processes and landform features should be relatively intact. However, it is recognized that no area is totally pristine and that all natural areas are in a dynamic state, and to some extent involve contact with people. Biological diversity and cultural diversity can be closely linked and interdependent and human activities, including those of traditional societies, local communities and indigenous peoples, often occur in natural areas. These activities may be consistent with the Outstanding Universal Value of the area where they are ecologically sustainable.”

Paragraph 91

“In addition, for properties nominated under criteria (vii) to (x), a corresponding condition of integrity has been defined for each criterion.”

Synthesis based on relevant Committee decisions

The World Heritage Committee recommends providing a more detailed inventory of the attributes and elements of the property (based on Case law on decisions on Nominations).

Paragraph 96

“Protection and management of World Heritage properties should ensure that their Outstanding Universal Value, including the conditions of integrity and/or authenticity at the time of inscription, are sustained or enhanced over time. A regular review of the general state of conservation of properties, and thus also their Outstanding Universal Value, shall be done within a framework of monitoring processes for World Heritage properties, as specified within the Operational Guidelines.”

Paragraph 97

“All properties inscribed on the World Heritage List must have adequate long-term legislative, regulatory, institutional and/or traditional protection and management to ensure their safeguarding. This protection should include adequately delineated boundaries. Similarly States Parties should demonstrate adequate protection at the national, regional, municipal, and/or traditional level for the nominated property. They should append appropriate texts to the nomination with a clear explanation of the way this protection operates to protect the property.”

Paragraph 98

“Legislative and regulatory measures at national and local levels should assure the protection of the property from social, economic and other pressures or changes that might negatively impact the Outstanding Universal Value, including the integrity and/or authenticity of the property. States Parties should also assure the full and effective implementation of such measures.”

Paragraph 119

“World Heritage properties may sustain biological and cultural diversity and provide ecosystem services and other benefits, which may contribute to environmental and cultural sustainability. Properties may support a variety of ongoing and proposed uses that are ecologically and culturally sustainable and which may enhance the quality of life and well-being of communities concerned. The State Party and its partners must ensure their use is equitable and fully respects the Outstanding Universal Value of the property. For some properties, human use would not be appropriate. Legislation, policies and strategies affecting World Heritage properties should ensure the protection of the Outstanding Universal Value, support the wider conservation of natural and cultural heritage, and promote and encourage the effective, inclusive and equitable participation of the communities, indigenous peoples and other stakeholders concerned with the property as necessary conditions to its sustainable protection, conservation, management and presentation.”

Paragraph 163

“A minor modification is one which has not a significant impact on the extent of the property nor affects its Outstanding Universal Value.”

Paragraph 164

“If a State Party wishes to request a minor modification to the boundaries of a property already on the World Heritage List, it must be prepared in compliance with the format of Annex 11 and must be received by 1 February by the Committee through the Secretariat, which will seek the evaluation of the relevant Advisory Bodies on whether this can be considered a minor modification or not. The Secretariat shall then submit the Advisory Bodies’ evaluation to the World Heritage Committee. The Committee may approve such a modification, or it may consider that the modification to the boundary is sufficiently significant as to constitute a significant boundary modification of the property, in which case the procedure for new nominations will apply.”

Paragraph 165

“If a State Party wishes to significantly modify the boundary of a property already on the World Heritage List, the State Party shall submit this proposal as if it were a new nomination (including the requirement to be previously included on the Tentative List – see paragraph 63 and 65). This re-nomination shall be presented by 1 February and will be evaluated in the full year and a half cycle of evaluation according to the procedures and timetable outlined in paragraph 168. This provision applies to extensions, as well as reductions.”

Article 11

1. "Every State Party to this Convention shall, in so far as possible, submit to the World Heritage Committee an inventory of property forming part of the cultural and natural heritage, situated in its territory and suitable for inclusion in the list provided for in paragraph 2 of this Article. This inventory, which shall not be considered exhaustive, shall include documentation about the location of the property in question and its significance."

Paragraph 62

“A Tentative List is an inventory of those properties situated on its territory which each State Party considers suitable for nomination to the World Heritage List. States Parties should therefore include, in their Tentative Lists, details of those properties which they consider to be of potential Outstanding Universal Value and which they intend to nominate during the following years.”

Paragraph 63

“Nominations to the World Heritage List are not considered unless the nominated property has already been included on the State Party's Tentative List.”

Paragraph 64

“States Parties are encouraged to prepare their Tentative Lists with the full, effective and gender-balanced participation of a wide variety of stakeholders and rights-holders, including site managers, local and regional governments, local communities, indigenous peoples, NGOs and other interested parties and partners. In the case of sites affecting the lands, territories or resources of indigenous peoples, States Parties shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before including the sites on their Tentative List.”

Paragraph 65

“States Parties shall submit Tentative Lists to the Secretariat, at least one year prior to the submission of any nomination. States Parties are encouraged to re-examine and re-submit their Tentative List at least every ten years.”

Paragraph 68

“(…) The sole responsibility for the content of each Tentative List lies with the State Party concerned. The publication of the Tentative Lists does not imply the expression of any opinion whatsoever of the World Heritage Committee or of the World Heritage Centre or of the Secretariat of UNESCO concerning the legal status of any country, territory, city or area or of its boundaries.”

Paragraph 70

“Tentative Lists are a useful and important planning tool for States Parties, the World Heritage Committee, the Secretariat, and the Advisory Bodies, as they provide an indication of future nominations.”

Paragraph 73

“States Parties are encouraged to harmonize their Tentative Lists at regional and thematic levels. Harmonization of Tentative Lists is the process whereby States Parties, with the assistance of the Advisory Bodies, collectively assess their respective Tentative List to review gaps and identify common themes. The harmonization has considerable potential to generate fruitful dialogue between States Parties and different cultural communities, promoting respect for common heritage and cultural diversity and can result in improved Tentative Lists, new nominations from States Parties and cooperation amongst groups of States Parties in the preparation of nominations.”

2. "Stressing the importance of the process of revision and updating of Tentative Lists, as a tool for regional harmonisation of the World Heritage List and long-term planning of its development,

3. [The World Heritage Committee] encourages States Parties to seek as early as possible upstream advice from the World Heritage Centre and the Advisory Bodies during the development or revision of their Tentative Lists as appropriate."

Paragraph 132

3. Justification for Inscription

“[For a nomination to be considered as “complete”, the following requirements (see format in Annex 5) are to be met:] (…) In section 3.2, a comparative analysis of the nominated property in relation to similar properties, whether or not on the World Heritage List, both at the national and international levels, shall be provided. The comparative analysis shall explain the importance of the nominated property in its national and international context."

(ii) "In its justification of the outstanding universal value of the property nominated, each State should, whenever possible, undertake a sufficiently wide comparison."

III. COMPARATIVE ANALYSES

7. "[The World Heritage Committee] decides that comparative analyses by States Parties as part of the nomination dossier shall be undertaken in relation to similar properties, whether or not on the World Heritage List, both at the national and international levels."

Synthesis based on relevant Committee decisions

The World Heritage Committee recommends undertaking a deep comparative analysis in order to demonstrate the Outstanding Universal Value of the property by fully assessing the relative values of the nominated property against other sites (based on Case law on decisions on Nominations).

Paragraph 45

"Cultural and natural heritage are defined in Articles 1 and 2 of the World Heritage Convention.

Article 1

For the purposes of this Convention, the following shall be considered as "cultural heritage";

- monuments: architectural works, works of monumental sculpture and painting, elements or structures of an archaeological nature, inscriptions, cave dwellings and combinations of features, which are of Outstanding Universal Value from the point of view of history, art or science;

- groups of buildings: groups of separate or connected buildings which, because of their architecture, their homogeneity or their place in the landscape, are of Outstanding Universal Value from the point of view of history, art or science;

- sites: works of man or the combined works of nature and of man, and areas including archaeological sites which are of Outstanding Universal Value from the historical, aesthetic, ethnological or anthropological points of view.

Article 2

For the purposes of this Convention, the following shall be considered as "natural heritage":

- natural features consisting of physical and biological formations or groups of such formations, which are of Outstanding Universal Value from the aesthetic or scientific point of view;

geological and physiographical formations and precisely delineated areas which constitute the habitat of threatened species of animals and plants of Outstanding Universal Value from the point of view of science or conservation;

- natural sites or precisely delineated natural areas of Outstanding Universal Value from the point of view of science, conservation or natural beauty."

Paragraph 46

“Properties shall be considered as "mixed cultural and natural heritage" if they satisfy a part or the whole of the definitions of both cultural and natural heritage laid out in Articles 1 and 2 of the Convention.”

4. "[The World Heritage Committee] reiterates that due to the complexity of mixed site nominations and their evaluation, States Parties should ideally seek prior advice from IUCN and ICOMOS, if possible at least two years before a potential nomination is submitted, in compliance with Paragraph 122 of the Operational Guidelines."

Paragraph 134

“A nominated property may occur:

a) on the territory of a single State Party, or

b) on the territory of all concerned States Parties having adjacent borders (transboundary property).”

Paragraph 135

“Wherever possible, transboundary nominations should be prepared and submitted by States Parties jointly in conformity with Article 11.3 of the Convention. It is highly recommended that the States Parties concerned establish a joint management committee or similar body to oversee the management of the whole of a transboundary property.”

Paragraph 136

“Extensions to an existing World Heritage property located in one State Party may be proposed to become transboundary properties.”

 “II. TRANSBOUNDARY AND TRANSNATIONAL NOMINATIONS

6) [The World Heritage Committee] decides to consider as:

(a) transboundary nomination, only a property jointly nominated as such, in conformity with Article 11.3 of the Convention, by all concerned States Parties having adjacent borders;

(b) transnational nomination, a serial nomination of properties located in the territory of different States Parties, which need not be contiguous and which are nominated with the consent of all States Parties concerned”.

3. "[The World Heritage Committee] aware of the need to specify the submission modalities for the nomination of transboundary or transnational serial properties on the World Heritage List,

4. (…):

a) The States Parties co-authors of a transboundary or transnational serial nomination can choose, amongst themselves and with a common understanding, the State Party which will be bearing this nomination; and

b) This nomination can be registered exclusively within the ceiling of the bearing State Party."