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[Extracted from UNESCO doc. 194 EX/Decision "Decisions Adopted by the Executive Board at its 194th Session" dated 22 April 2014]

Suivi des décisions et résolutions adoptées par le Conseil exécutif et la Conférence générale à leurs sessions antérieures - Rampe des Maghrébins dans la Vieille Ville de Jérusalem et ses ramparts – Décision de l’UNESCO Français
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Source: United Nations Educational Scientific and Cultural Organization (UNESCO)
22 April 2014





DECISIONS ADOPTED

BY THE EXECUTIVE BOARD AT ITS 194TH SESSION



/...

5 Follow-up to decisions and resolutions adopted by the Executive Board and the General Conference at their previous sessions (194 EX/5 Part I and Addenda, 194 EX/5 Part II, 194 EX/5 Part III and Addenda, 194 EX/5.INF; 194 EX/34; 194 EX/35)
I

Programme issues

/...
C

Implementation of 37 C/Resolution 44 and 192 EX/Dec.5 (I, D) relating to the Ascent to the Mughrabi Gate in the Old City of Jerusalem1

The Executive Board,

1. Having considered document 194 EX/5 Part I (C) and the annex to this decision,
2. Recalling previous decisions concerning “the Ascent to the Mughrabi Gate in the Old City of Jerusalem”,
3. Decides to include this item on the agenda of the 195th session of the Executive Board and invites the Director-General to submit to it a follow-up report thereon.


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1 The Executive Board adopted this decision upon a recommendation made by consensus by the Programme and External Relations Commission (PX)






Item 5 Follow-up to decisions and resolutions adopted by the Executive Board and the General Conference at their previous sessions – Part I, Programme Issues – Implementation of 37 C/Resolution 44 and 192 EX/Dec.5 (I, D) relating to the Ascent to the Mughrabi Gate in the Old City of Jerusalem

The Executive Board,

1. Having considered the report of the Director-General (194 EX/5 Part I (C)),

2. Recalling the relevant provisions on the protection of cultural heritage, including the four Geneva Conventions (1949), the relevant provisions of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 1954 and its protocols, the Conventions for the Protection of the World Cultural and Natural Heritage 1972, the inscription of the Old City of Jerusalem and its Walls at the request of Jordan on the World Heritage List (1981) and the List of World Heritage in Danger (1982), and the recommendations, resolutions and decisions of UNESCO,

3. Also recalling previous UNESCO decisions relating to the Ascent to the Mughrabi Gate in the Old City of Jerusalem, including 180 EX/Decision 5 (II), 189 EX/Decision 5 (II), 191 EX/Decision 5(I), 192 EX/Decision 5 (I.D) and decision 37 COM 7A.26 of the World Heritage Committee (Phnom Penh, 2013),

4. Taking note of the 12th Reinforced Monitoring Report and of all previous reports, together with their addenda prepared by the World Heritage Centre,

5. Deplores the fact that neither the reactive monitoring mission to the Old City of Jerusalem and its Walls nor the meeting of experts on the Mughrabi Ascent have taken place despite the relevant Executive Board and World Heritage Committee (WHC) decisions: 189 EX/Decision 5(II), 189 EX/Decision 8, 191 EX/Decision 5 (I), 192 EX/Decision 5 (I.D), 191 EX/Decision 9 and WHC decision 34 COM 7A.20 (Brasilia consensus decision), and urges Israel to honour its commitments to implement the aforementioned decisions;

6. Recognizes the concerns raised, in this regard, about the decision by the Jerusalem District Planning and Construction Commission on the town planning scheme for the Mughrabi Ascent, and the subsequent decision by Israel’s National Council for Planning and Construction to adopt “an alternative plan for the Mughrabi Ascent”, approved on 31 October 2010 by the aforementioned Commission;

7. Requests that, despite the decisions mentioned in paragraph 6 of this decision, the process for the design of the Mughrabi Ascent be inclusive of and accepted by all parties, in accordance with the obligations and duties of such parties as stipulated in the content of the conventions mentioned in paragraph 2 of this decision and in previous World Heritage Committee decisions.

8. Affirms, in this regard, that the UNESCO process for the follow-up of the design of the Mughrabi Ascent, which is aimed at finding an accepted and monitored solution concerning the Mughrabi Ascent, be coordinated among all parties concerned, in accordance with the spirit and content of previous World Heritage Committee decisions, recognizes the concerns raised regarding Israel’s submission and the content of its plan for the Mughrabi Ascent referred to in paragraph 6 of this decision, and requests that the World Heritage Centre be proactive and follow closely, in the context of the Reinforced Monitoring Mechanism, the developments associated with this process and the evaluation of the Jordanian design received;

9. Reaffirms in this regard that no measures, unilateral or otherwise, shall be taken which affect the authenticity, integrity and cultural heritage of the site, in accordance with the Convention for the Protection of the World Cultural and Natural Heritage of 1972, and the relevant provisions on the protection of cultural heritage of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 1954 and the relevant decisions of UNESCO’s Executive Board and World Heritage Committee referred to above;

10. Reiterates its thanks to Jordan for its cooperation, urges Israel to cooperate with Jordanian Awqaf Department in accordance with the relevant provisions of UNESCO Conventions for the protection of cultural heritage referred to above, and calls on Israel to facilitate access of Jordanian Awqaf experts with their tools and material to the site;

11. Expresses its concern regarding the continuous, intrusive Israeli archaeological demolitions, excavations and works in and around the Ascent to the Mughrabi Gate despite World Heritage Committee decisions 36 COM 7A.23 and 37 COM 7A.26, and requests the Israeli authorities to end such excavations and works in conformity with this decision and the relevant UNESCO conventions for the protection of cultural heritage;

12. Deplores the recent construction by Israel of a platform in the Burāq (Western Wall) Plaza, in violation of its obligations under the conventions referred to above, and requests Israel to remove the structure built, immediately restore the site to its original character, and refrain from taking any further unilateral steps which jeopardize the site, and its integrity and authenticity;

13. Expresses its concern regarding the Israeli authorities’ admittance of provocative religious-extremist groups and uniformed forces into the al-Aqṣà Mosque compound (also known as the al-Ḥaram ash-Sharīf compound) through the Mughrabi Gate, and regrets the systematic violations of the sanctity of the compound and the continued interruption of the freedom of worship therein;

14. Affirms in this regard, the need to protect and safeguard the authenticity, integrity and cultural heritage of the al-Aqṣà Mosque compound;

15. Expresses its thanks to the Director-General for her attention to the sensitive situation in the Ascent to the Mughrabi Gate in the Old City of Jerusalem, and calls on the Director-General to facilitate the meeting of experts as well as confidence-building measures by dispatching the necessary expertise to assess possible damage incurred through the conduct of recent Israeli works on the site;

16. Invites the Director-General to submit to it at its 195th session a progress report thereon.

(194 EX/SR.7)




D

Follow-up of the UNESCO reactive monitoring mission to the Old City of Jerusalem and its Walls

and the UNESCO experts meeting on the Mughrabi Ascent2

The Executive Board,

1. Having examined document 194 EX/5 Part I (D),

2. Recalling the Executive Board decisions 191 EX/Decision 5.1, 191 EX/Decision 9, 192 EX/Decision 42, 192 EX/Decision 5.1.D and 192 EX/Decision 11 as well as World Heritage Committee decision 34 COM/7A.20,

3. Decides to implement paragraph 11 of decision 34 COM/7A.20 adopted by the World Heritage Committee in Brasilia at its 34th session as follows:

– (a) Phase I: the dispatch, upon an agreed date prior, at least 10 days, to the 38th session of the World Heritage Committee, of the joint World Heritage Centre/ICCROM/ICOMOS reactive monitoring mission to the Old City of Jerusalem and its Walls to assess, as a first phase, the 18 sites included in the Action Plan as pilot sites,

– (b) Phase II: the dispatch, upon an agreed date, of the joint World Heritage Centre/ICCROM/ICOMOS reactive monitoring mission to the Old City of Jerusalem and its Walls, to assess, as second phase, the major monumental complexes designated in the Action Plan (i.e. the Haram-es-Sharif, the Citadel, the Western Wall, the Holy Sepulchre and the City walls);

4. Invites all concerned parties to participate in the experts meeting on the Mughrabi Ascent, to be held at UNESCO upon an agreed date prior, at least 10 days, to the 38th session of the World Heritage Committee;

5. Requests that the report and recommendations of the mission as well as the report of the technical meeting on the Mughrabi Ascent in Paris, be presented to the concerned parties before the 38th session of the World Heritage Committee;

6. Takes note of the technical adjournment of the five Middle East items on the agenda of its 194th session and their inclusion on the agenda of its 195th session;

7. Invites all concerned parties to facilitate the implementation of the above-mentioned UNESCO joint mission;

8. Thanks the Director-General for her continuous efforts to implement the above-mentioned UNESCO joint mission and all related UNESCO decisions and resolutions;

9. Decides to include this item in the agenda of its 195th session, and invites the Director-General to submit to it a follow-up report thereon.

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2 The Executive Board adopted this decision upon a recommendation made by the Programme and External Relations Commission (PX) following a roll-call vote: 34 votes in favour, 1 vote against and 21 abstentions:
In favour: Afghanistan, Algeria, Argentina, Austria, Bangladesh, Belize, Brazil, Chad, China, Cuba, Dominican Republic, Ecuador, Egypt, France, Gabon, Guinea, India, Indonesia, Italy, Kuwait, Mali, Mauritius, Mexico, Morocco, Namibia, Nigeria, Pakistan, Russian Federation, Spain, Togo, Tunisia, Turkmenistan, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland.
Against: United States of America.
Abstentions: Albania, Angola, Czech Republic, El Salvador, Estonia, Ethiopia, Germany, Japan, Malawi, Montenegro, Mozambique, Nepal, Netherlands, Papua New Guinea, Republic of Korea, Saint Kitts and Nevis, Sweden, Thailand, Trinidad and Tobago, Uganda, Ukraine.
Absent: Gambia, the former Yugoslav Republic of Macedonia.

(194 EX/SR.7)

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