The World Heritage Committee,
1. Having examined Document WHC-08/32.COM/7B.Add,
2. Recalling Decision 31 COM 7B.49 adopted at its 31st session (Christchurch, 2007);
3. Reiterates the importance of conforming with the deadline set by the World Heritage Committee and takes note of the results and recommendations of the World Heritage Centre / ICOMOS mission undertaken to the property;
4. Regrets the decision of the State Party to proceed with the Malindi Port Development project without first undertaking the planned baseline survey and Environmental Impact Assessment requested in Decision 31 COM 7B.49;
5. Expresses its concern about the negative impacts to the Outstanding Universal Value of the property caused by work on the Malindi Port development project, including loss of two historic warehouses, and erection of new, inappropriately scaled and designed port facilities without prior approval;
6. Requests the State Party to urgently:
a) carry out an immediate and independent Environmental Impact Assessment on both the cultural and bio-physical resources, in full collaboration with the World Heritage Centre and ICOMOS, before November 2008;
b) ensure that the Environmental Impact Assessment includes a 3-5 year monitoring project in order to mitigate to the greatest extent negative impacts of work carried out and described in the mission report;
7. Expresses its appreciation for the efforts undertaken by the State Party to strengthen conditions for conservation, and acknowledges the ongoing challenges to maintain the state of conservation of the World Heritage property;
8. Also requests the State Party to finalize the currently prepared integrated management plan with full participation of all the relevant stakeholders, by organizing a stakeholders meeting aiming at setting up a platform for the integrated management of the World Heritage property;
9. Further requests the State Party to finalize the Review of the 1994 Heritage Act in order to gain greater autonomy and greater effectiveness in the long term conservation of the property's Outstanding Universal Value;
10. Also reiterates its request to the State Party to develop, in consultation with the World Heritage Centre and the Advisory Bodies, a draft Statement of Outstanding Universal Value including the conditions of integrity and authenticity, for examination by the World Heritage Committee at its 33rd session in 2009;
11. Invites the Director General of UNESCO to approach the European Commission in order to explore possibilities of establishing a working mechanism whereby all projects to be implemented in World Heritage properties, meet all the requirements set by the World Heritage Committee;
12. Requests moreover the State Party to submit a report to the World Heritage Centre, by 1 February 2010, on the results of the Environmental Impact Assessment activities carried out, and progress made with regard to implementation of a 3-5 year monitoring project of Port rehabilitation, for examination by the World Heritage Committee at its 34th session in 2010.