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State of Conservation Lamu Old Town 2019

Lamu Old Town

Kenya
Factors affecting the property in 2019*
  • Air transport infrastructure
  • Housing
  • Land conversion
  • Management systems/ management plan
  • Marine transport infrastructure
  • Non-renewable energy facilities
  • Solid waste
  • Other Threats:

    Deterioration of dwellings

Factors* affecting the property identified in previous reports
  • Management systems/ management and conservation plan
  • Clarification of boundaries and buffer zone
  • Pressure from urban development
  • Marine transport infrastructure
  • Air transport infrastructure
  • Encroachment of the archaeological sites
  • Housing/ Deterioration of dwellings
  • Solid waste
  • Non-renewable energy facilities (Coal Power plant)
UNESCO Extra-Budgetary Funds until 2019

Total amount provided: for a Heritage Impact Assessment in 2014: USD 85,000: Netherlands Funds-in-Trust; for a workshop on Historic Urban Landscapes in 2011: USD 22,943: Flanders Funds-in-Trust 

International Assistance: requests for the property until 2019
Requests approved: 3 (from 2000-2010)
Total amount approved : 31,776 USD
2010 Listed Lamu Old Town. Action plans scheme project and ... (Approved)   8,900 USD
2004 Rehabilitation of Lamu waterfront (raising of sea wall ... (Approved)   6,952 USD
2000 Lamu: Preparation of a nomination file (Approved)   15,924 USD
Missions to the property until 2019**

March 2004: Joint World Heritage Centre/ICOMOS Reactive Monitoring mission; February 2005: World Heritage Centre Advisory mission on water and sanitation assessments; May 2010 and February 2015: Joint World Heritage Centre/ICOMOS/ICCROM Reactive Monitoring missions; January 2018: World Heritage Centre/ICOMOS/ICCROM Advisory mission (Nairobi) on LAPSSET project

2019 Report on the joint World Heritage Centre/ICOMOS/ICCROM Reactive Monitoring mission to Lamu Old Town (Kenya) (C ...
2018 Report of the World Heritage Centre/ICOMOS/ICCROM Advisory mission to Nairobi concerning Lamu Old Town, Kenya, 24 ...
2015 Report on the Reactive Monitoring Mission to Lamu Old Town (Kenya), 9 - 11 February 2015
2004 Report of the UNESCO-ICOMOS Mission to Lamu (Kenya), 22 to 27 March 2004
Conservation issues presented to the World Heritage Committee in 2019

On 1 February 2019, the State Party submitted a state of conservation report, which is available at https://whc.unesco.org/en/list/1055/documents/ and addresses the recommendations of the Committee as follows:

The requested joint World Heritage Centre/ICOMOS/ICCROM Reactive Monitoring mission to the property was scheduled for February 2019, but had to be postponed again pending security clearance by the United Nations Department of Safety and Security (UNDSS).

Concerning the Lamu Port−South Sudan−Ethiopia Transport (LAPSSET) project, the State Party reports that it has, also in response to a High Court of Kenya ruling, issued instructions that the stakeholder engagement component of the Strategic Environmental Assessment (SEA) be reviewed through a series of public meetings. The National Museums of Kenya (NMK) has supplied the 2014 Heritage Impact Assessment to the SEA consultant.

The LAPSSET transportation Master Plan and a Draft Lamu Port Metropolitan Area Structure Plan were annexed to the report, while the State Party also indicated the submission of the revised Master Plan for Lamu metropolis, the LAPSSET planning and investment framework as well as of the revised chapter of the Management Plan of the property. The World Heritage Centre reminded the State Party of the missing documents.

The NMK, the County Government of Lamu and the LAPSSET Authority have formed the Lamu Old Town Cultural Heritage Committee (LOTCH-Com) to address the aforementioned High Court ruling and past Committee Decisions. A LOTCH-Com Action Plan foresees:

  • Development of a structure plan and a master plan for the property,
  • A study on the fragile coral of Lamu,
  • Mapping of tangible and intangible heritage attributes of the archipelago,
  • Studies on the marine and coastal environment,
  • Modelling studies to allow the coal fired power station proponent to understand its potential environmental impacts,
  • A support mechanism for cottage industries, cultural festivals and craft-industries training.

The requested Memorandum of Understanding (MOU) between the NMK and LAPSSET Authority has been drafted, but not yet signed.

New boundaries for the buffer zone of the property are being reviewed by the Lamu County Government. The State Party reports that this proposal has been submitted to the World Heritage Centre, but this was not yet received.

Analysis and Conclusion by World Heritage Centre and the Advisory Bodies in 2019

The Committee has expressed its concern over the potential impact of the LAPSSET project on the property since 2009, and repeatedly requested the State Party to submit a map clearly demarcating the boundaries of the property and its buffer zone and the strengthened Management Plan. The State Party should inform the Committee if technical or financial support is required to urgently finalize these documents.

The High Court of Kenya in its ruling of 30 April 2018 confirmed that the LAPSSET project could endanger the cultural heritage of the property, the culture of the indigenous community in Lamu Island and the ecosystem services they depend on. The same court, responding to the repeat requests of the Committee, instructed the State Party to submit a Management Plan for the entire Lamu Island to UNESCO within one year and develop an action plan in collaboration with stakeholders to safeguard the cultural identity of the region during and after the construction. This court ruled the Strategic Environmental Assessment (SEA) to be procedurally infirm, especially with regards stakeholder engagement.

The LAPSSET project is however continuing with a shipping channel and docks already under construction. The requested Heritage Impact Assessment (HIA) (41 COM 7B.69) on the Manda Airport extension has still not been commissioned.

At the time of writing, the National Environment Tribunal judgement is pending on the issued Environmental Impact Assessment license for the Lamu Coal Plant. The potential resultant pollution (visual impact, air, light, water etc.) remains a grave cause for concern.

With the focus on the LAPSSET project, other factors affecting the property’s authenticity and integrity, such as deterioration of dwellings, threats to the safeguarding of its Islamic and Swahili culture, and the need for protection of the fresh water supplies, are not being reported on. To address these factors, the State Party received support from UNESCO to inventory and document its intangible cultural heritage in 2018, and is encouraged to undertake a conditions assessment of the built fabric of Lamu Old Town, including, as far as possible, an overview of how this has developed since inscription.

The reported Lamu Old Town Cultural Heritage Committee (LOTCH-Com) is welcomed, but its efficacy has not yet been proven. Its action plan should address directly the Committee’s requests for, for instance, a study on the potential effects of pollution on the coral masonry  as a precursor to construction of the power station or a ‘significant funding mechanism’ be set up to deal with conservation (42 COM 7B.45).

The State Party report is mute on the integration of the assessment of the impacts and proposed mitigation measures for cultural and natural heritage, and specifically the impacts on the OUV of Lamu Old Town into the SEA for the LAPSSET project (42 COM 7B.45), or other World Heritage properties potentially affected, such as Lake Turkana National Parks (42 COM 7B.92). The Committee has requested the States Parties of Kenya and Ethiopia to undertake a separate SEA to assess the cumulative impacts of development projects in the Lake Turkana Basin. Aligning these two SEAs is critical to evaluate potential direct, indirect and cumulative impacts.

In light of the advancing LAPSSET project, the slow progress by the State Party in implementing the Committee’s decisions is of significant concern. By Decision 40 COM 7B.12, the Committee concluded that in the absence of detailed information on impact assessments and mitigation measures, the property is under potential danger. Following the clearance from the UNDSS, it is recommended that the Committee request the State Party to invite the joint World Heritage Centre/ICOMOS/ICCROM Reactive Monitoring mission to the property to review the process and conclusions of the various environmental and heritage impact assessments, the stakeholder engagement processes and the state of conservation of the property, with a view to assessing whether the developments constitute an ascertained or potential danger to the OUV of the property and whether it meets the criteria for inscription on the List of World Heritage in Danger, in line with Paragraph 179 of the Operational Guidelines.

Summary of the interventions
Decisions adopted by the Committee in 2019
43 COM 7B.107
Lamu Old Town (Kenya) (C 1055)

The World Heritage Committee,

  1. Having examined Document WHC/19/43.COM/7B.Add,
  2. Recalling Decision 27 COM 7B.31, 33 COM 7B.44, 34 COM 7B.46, 40 COM 7B.12, 41 COM 7B.69, and 42 COM 7B.45, adopted at its 27th (UNESCO, 2003), 33rd (Seville, 2009), 34th (Brasilia, 2010), 40th (Istanbul/UNESCO, 2016), 41st (Krakow, 2017) and 42nd (Manama, 2018) sessions respectively,
  3. Regrets that the State Party provides only limited information on the state of conservation of the property, and reiterates its requests to the State Party, as a matter of urgency, to submit to the World Heritage Centre for review by the Advisory Bodies:
    1. An updated clearly delineated map of the property and its enlarged buffer zone, which should be formalized through a request for minor boundary modification in line with Paragraph 164 of the Operational Guidelines,
    2. Full details of the overall scope of the Lamu Port−South Sudan−Ethiopia Transport (LAPSSET) project, including the Lamu resort city, and clarification of fishing plans, mangrove planting, and surveys of coastal morphology,
    3. The requested Heritage Impact Assessment (HIA) for the Manda airport extension,
    4. The LAPSSET Planning and Investment Framework,
    5. The Action Plan for the Lamu Old Town Cultural Heritage Committee with strict deadlines for all components defined therein,
    6. The revised Management Plan for Lamu Island;
  4. Requests the State Party to submit an assessment of the condition of the built fabric of Lamu Old Town, including, as far as possible, an overview of how this has developed since inscription of the property on the World Heritage List;
  5. Urges the State Party to complete the Memorandum of Understanding (MOU) between the National Museums of Kenya (NMK) and the LAPSSET Agency, to ensure this MOU grants the NMK a seat in the LAPSSET Agency Board and to submit the MOU to the World Heritage Centre once completed;
  6. Also requests the State Party to undertake a review of all government and independent environmental and heritage impact assessments of the LAPSSET project and the Lamu Coal Plan, and submit it to the World Heritage Centre as soon as possible, and by 1 February 2020;
  7. Further requests the State Party to revise the draft Strategic Environmental Assessment (SEA) of the LAPSSET project by:
    1. Assessing the individual and cumulative impacts of the project on cultural and natural heritage, including the impacts on the Outstanding Universal Value (OUV) of Lamu Old Town and the ecological services that support the wider community of the property, and by proposing mitigation measures,
    2. Urgently implementing the decisions of the National Environmental Tribunal of 26 June 2019, No. NET 196[1] of 2016, in respect to the development of Lamu Coal Project, that requires the State Party to conduct a fresh Environmental Impact Assessment,
    3. Aligning, as appropriate, the SEA for the LAPSSET project and the SEA for the developments in the Lake Turkana Basin, with a view to assessing all potential direct, indirect and cumulative impacts of the development projects on the OUV of all affected World Heritage properties;
  8. Requests furthermore that the State Party submit a revised LAPSSET SEA, a Heritage Impact Assessment and Environmental Impact Assessment of the proposal for the Lamu Coal Project that considers the impacts on the OUV of Lamu Old Town, and other requested documents above, to the World Heritage Centre for review, before proceeding with the Lamu Coal Project;
  9. Following the security clearance by the United Nations Department of Safety and Security (UNDSS), requests moreover the State Party to invite a joint World Heritage Centre/ICOMOS/ICCROM Reactive Monitoring mission to the property to review the process and conclusions of the various environmental and heritage impact assessments, the stakeholder engagement processes and the state of conservation of the property;
  10. Encourages the State Party, as needed, to request technical and/or financial support from the World Heritage Fund, other States Parties to the World Heritage Convention or other potential donors or partners in finalizing the Management Plan, the delineation of the boundaries of the property and its buffer zone, and assessing the state of conservation of the built fabric of the property;
  11. Finally 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, with a view to considering, in the case of confirmation of the ascertained or potential danger to OUV, and in line with Paragraph 179 of the Operational Guidelines, the possible inscription of the property on the List of World Heritage in Danger.

[1] See http://kenyalaw.org/caselaw/cases/view/176697/

Read more
Draft Decision: 43 COM 7B.107

The World Heritage Committee,

  1. Having examined Document WHC/19/43.COM/7B.Add,
  2. Recalling Decision 27 COM 7B.31, 33 COM 7B.44, 34 COM 7B.46, 40 COM 7B.12, 41 COM 7B.69, and 42 COM 7B.45, adopted at its 27th (UNESCO, 2003), 33rd (Seville, 2009), 34th (Brasilia, 2010), 40th (Istanbul/UNESCO, 2016), 41st (Krakow, 2017) and 42nd (Manama, 2018) sessions respectively,
  3. Regrets that the State Party provides only limited information on the state of conservation of the property, and reiterates its requests to the State Party, as a matter of urgency, to submit to the World Heritage Centre for review by the Advisory Bodies:
    1. An updated clearly delineated map of the property and its enlarged buffer zone to include the whole of the Lamu Archipelago and at a minimum the whole of Lamu and Manda Islands, which should be formalized through a request for minor boundary modification in line with Paragraph 164 of the Operational Guidelines,
    2. Full details of the overall scope of the Lamu Port−South Sudan−Ethiopia Transport (LAPSSET) project, including the Lamu resort city, and clarification of fishing plans, mangrove planting, and surveys of coastal morphology,
    3. The requested Heritage Impact Assessment (HIA) for the Manda airport extension,
    4. The LAPSSET Planning and Investment Framework,
    5. The Action Plan for the Lamu Old Town Cultural Heritage Committee with strict deadlines for all components defined therein,
    6. The revised Management Plan for Lamu Island;
  4. Requests the State Party to submit an assessment of the condition of the built fabric of Lamu Old Town, including, as far as possible, an overview of how this has developed since inscription of the property on the World Heritage List;
  5. Urges the State Party to complete the Memorandum of Understanding (MOU) between the National Museums of Kenya (NMK) and the LAPSSET Agency, to ensure this MOU grants the NMK a seat in the LAPSSET Agency Board and to submit the MOU to the World Heritage Centre once completed;
  6. Also requests the State Party to undertake a review of all government and independent environmental and heritage impact assessments of the LAPSSET project and the Lamu Coal Plan, and submit it to the World Heritage Centre as soon as possible, and by 1 February 2020;
  7. Further requests the State Party to revise the draft Strategic Environmental Assessment (SEA) of the LAPSSET project by:
    1. Assessing the individual and cumulative impacts of the project on cultural and natural heritage, including the impacts on the Outstanding Universal Value (OUV) of Lamu Old Town and the ecological services that support the wider community of the property, and by proposing mitigation measures,
    2. Assessing the immediate, life-cycle and long-term impacts of the Lamu Coal Plant project on cultural and natural heritage, including the potential effects that pollution resulting from the coal-fired power plant may have on fragile coral stone buildings of the Lamu Old Town and any other impacts on other attributes that carry the OUV of the property and on ecological services that support the wider community of the property, and by proposing mitigation measures,
    3. Aligning, as appropriate, the SEA for the LAPSSET project and the SEA for the developments in the Lake Turkana Basin, with a view to assessing all potential direct, indirect and cumulative impacts of the development projects on the OUV of all affected World Heritage properties;
  8. Requests furthermore the State Party to halt the development of the Lamu Coal Plant, including funding and financial commitments and environmental approvals, until the potential impacts of the project and proposed mitigation measures have been addressed in the LAPSSET SEA, as requested above, and the SEA has been submitted to the World Heritage Centre and reviewed by the Advisory Bodies;
  9. Following the security clearance by the United Nations Department of Safety and Security (UNDSS), requests moreover the State Party to invite a joint World Heritage Centre/ICOMOS/ICCROM Reactive Monitoring mission to the property to review the process and conclusions of the various environmental and heritage impact assessments, the stakeholder engagement processes and the state of conservation of the property, with a view to assessing whether the developments constitute an ascertained or potential danger to the property’s OUV, and whether the property meets the criteria for inscription on the List of World Heritage in Danger, in line with Paragraph 179 of the Operational Guidelines ;
  10. Encourages the State Party, as needed, to request technical and/or financial support from the World Heritage Fund, other States Parties to the World Heritage Convention or other potential donors or partners in finalizing the Management Plan, the delineation of the boundaries of the property and its buffer zone, and assessing the state of conservation of the built fabric of the property;
  11. Finally 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, with a view to considering, in the case of confirmation of the ascertained or potential danger to OUV, the possible inscription of the property on the List of World Heritage in Danger.
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Report year: 2019
Kenya
Date of Inscription: 2001
Category: Cultural
Criteria: (ii)(iv)(vi)
Documents examined by the Committee
WHC/19/43.COM/7B.Add
WHC/19/43.COM/INF.7.Rev.4
SOC Report by the State Party
Report (2019) .pdf
arrow_circle_right 43COM (2019)
Exports
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* : The threats indicated are listed in alphabetical order; their order does not constitute a classification according to the importance of their impact on the property.
Furthermore, they are presented irrespective of the type of threat faced by the property, i.e. with specific and proven imminent danger (“ascertained danger”) or with threats which could have deleterious effects on the property’s Outstanding Universal Value (“potential danger”).

** : All mission reports are not always available electronically.


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