On 3 April 2015, the State Party submitted a state of conservation rma,neport, which is available at https://whc.unesco.org/en/list/1259/documents/, in response to concerns raised by UNESCO relating to proposed major developments in the buffer zone of the property. The report also provides detailed information on on-going conservation initiatives and on protection and management.
The site of the Trochetia development project, partly in the property and partly in the buffer zone, lies at the foot of Le Morne mountain, in the former village of Makak. In 2007, preliminary archaeological research works undertaken at the site revealed the major archaeological potential of the area and the opportunity to document further the significance of Le Morne.
The development project was proposed in 2007, a year before inscription. The State Party halted the proposals in the light of its impact on the spiritual, cultural and historical values of the landscape and for the way it would jeopardize the integrity and authenticity of the property. The State Party has continued to maintain its objection to the project.
The United Kingdom-based investors have now taken the matter to the Supreme Court, claiming their investments have been expropriated and demanding compensation. Matters of law relating to the case are due to be heard on 16 July 2015.
While the legal issues are being considered, the developers have refused to allow access to the development site, which in turn means that access cannot be gained to the mountain. This has become a major obstacle in relation to the implementation of parts of the Management Plan, and in the implementation of conservation projects on the summit, of archaeological surveys, and of the development of small scale visitor facilities.
- Legislative and managerial frameworks:
The report details the legislative and managerial frameworks that are in place and managed by the Le Morne Heritage Trust Fund (LMHTF) institution, under the aegis of the Ministry of Arts and Culture, as well as the detailed planning framework which has, so far, proved effective in ensuring that only projects that support the spirit of Le Morne, and which are in line with the legislative tools, are approved. In the last 8 years, 47 development applications were received and 27 were approved, including six hotels.
The Management Plan was reviewed in 2013 and 2014 and the revised version will soon be adopted. This reflects the management of the property and the buffer zone as one entity.
The potential impact of the proposed Trochetia development, partly in the property and partly in the buffer zone, on the Outstanding Universal value (OUV) of the property is noted. The matter is to be considered by the Supreme Court in July 2015 with regard to a challenge by the developers. It is recalled that, at the time of inscription, the Committee requested the State Party to refrain from approving any developments in the property (Quebec City, 2008) (Decision 32 COM 8B.18).
It is also noted that this dispute is constraining access to Le Morne Mountain and having a negative impact on the ability of Le Morne World Heritage Trust to undertake its conservation and other work on the mountain.
In response to the request of the Committee at the time of inscription, the legislative and planning mechanism has been enforced in relation to no-development in the property and proposed development in the buffer zone. Nevertheless, the approved developments in the buffer zone include six hotels, for which no details have been forwarded to the World Heritage Centre for review.
It is recommended that the World Heritage Committee request the State Party to invite a joint World Heritage Centre/ICOMOS Reactive Monitoring mission to assess development pressures on the property.