A/HRC/61/49/Add.2
history and understanding of the site, as the knowledge about it is not systematized nor made
available or publicized to visitors. The house that was built for that purpose cannot be opened
for lack of funding to pay for staff. Everyone has the right to know, understand, enter, visit,
make use of, maintain, exchange and develop cultural heritage, so the authorities have an
obligation to ensure the site is adequately accessible to all financially, physically and
intellectually. It is particularly critical that the historical, architectural, natural and cultural
knowledge relating to Nan Madol be harvested, systematized and made available to all
Micronesians.
47.
Maintenance, study and mediation of the site have been rendered difficult by the lack
of clarity about the responsibilities attributed to the traditional, state and federal authorities
towards the site. Although by law the land is State property, there is still ambiguity relating
to the respect due to the king. The UNESCO World Heritage Committee identified concrete
avenues to improve the situation in 2024,3 which the Pohnpei Historic Preservation Office is
slowly addressing. However, their efforts are limited by the fees and permission that also
apply to them. The Special Rapporteur commends the dedication and passion of those who
take care of the site and recommends that their practical knowledge about Nan Maol be
integrated into the mediation efforts, as an exercise of their right to participate in the
identification, interpretation and development of cultural heritage.
48.
In contrast, the ancient ceremonial and political site of the Lelu ruins in Kosrae is
freely accessible to all. It is traversed by a pathway that some local children use daily to
attend their school and benefited from the War on Weeds and the Resilient Ecosystems –
Resilient Communities programmes, targeting invasive species in Yap and Kosrae, providing
further protection. The state museum in Kosrae is also easily accessible to all and active in
recording and documenting the evolution of heritage practices. These efforts must be further
supported.
49.
In Chuuk, the presence of more than 50 sunken Second World War ships in the lagoon
raises important heritage and environmental challenges. Many of the shipwrecks retain
considerable integrity, making the area well known among diving enthusiasts. This represents
a major economic resource to many Chuukese and has given rise not only to diving tourism
activities, but also to dynamite fishing and artefact souveniring. Chapter 8 of the Chuuk
Lagoon Monument Law prohibits the removal of artefacts and allows for funds to be
collected through a mandatory dive guide and the payment of a $30 annual fee per diver.
However, currently, the fees go to the visitors’ bureau, not to the protection of the site. The
Convention on the Protection of the Underwater Cultural Heritage contains clear indications
about how underwater sites should be managed. 4 Public authorities must ensure that
resources are made available to the Historic Preservation Offices to keep the site safe and
accessible for all. In compliance with the right to a healthy environment recently integrated
into the Constitution of the Federated States of Micronesia, in addition to the international
obligations pertaining to the Convention for the Protection of the World Cultural and Natural
Heritage and the Convention on the Protection of the Underwater Cultural Heritage, the
authorities urgently need to remove the approximately 3 million gallons of oil still in the
tanks of the sunken ships in the lagoon, which represent a threat to both the site and the
environment as a whole.
3
4
10
See the relevant 2024 decisions of UNESCO: decision 46 COM 7A.39, identifying six high-priority
measures: (a) vegetation management to prevent root damage to stone structures; (b) the appointment
of a permanent Property Manager; (c) the finalization and adoption of legislation LB392 establishing
a managing authority; (d) adoption of the master plan for the sustainable conservation of Nan Madol,
the site management plan and the sustainable tourism plan; (e) the establishment of processes for the
Heritage Impact Assessment ensuring compliance with the 2022 Guidance and Toolkit for Impact
Assessment in a World Heritage Context; (f) the preparation of a Desired state of conservation for the
removal of the property from the List of World Heritage in Danger, in consultation with the Advisory
Bodies; and decisions 41 COM 7B.56 (2017) and 43 COM 7A.43 (2019), addressing the problematic
construction of the Para Nuii resort inside the buffer area.
To preserve sites in situ, as a first option; to stop commercial exploitation of sites and artefacts; to
facilitate international collaboration; to encourage public access; to maintain sovereign rights; and to
ensure that – where excavation is permitted – it is carried out in accordance with international best
practice, i.e. the rules concerning activities directed at underwater cultural heritage, annexed to the
Convention.
GE.26-01464