SECOND PROTOCOL TO THE HAGUE CONVENTION OF 1954 FOR THE PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT

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1 11 COM C54/16/11.COM/5 Paris, 22 November 2016 Original: English/French SECOND PROTOCOL TO THE HAGUE CONVENTION OF 1954 FOR THE PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT COMMITTEE FOR THE PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT Eleventh meeting UNESCO Headquarters, Paris 8 9 December 2016 Item 5 of the Provisional Agenda: Consideration of requests for the granting of enhanced protection: Historical Monuments of Mtskheta (Georgia) and Tomb of Askia (Mali) In accordance with the Guidelines for the Implementation of the 1999 Second Protocol and the Statement adopted by the tenth meeting of the Committee for the Protection of Cultural Property in the Event of Armed Conflict (CLT- 15/10.COM/Conf.203/Statement), this document presents the requests for the granting of enhanced protection submitted by Georgia and Mali, for the Historical Monuments of Mtskheta and the Tomb of Askia respectively. Draft decisions: paragraphs 34 and 67.

2 C54/16/11.COM/5 page 2 INTRODUCTION 1. Following the Statement (CLT-15/10.COM/Conf.203/Statement) adopted by the tenth meeting of the Committee for the Protection of Cultural Property in the Event of Armed Conflict (UNESCO Headquarters, December 2015) ("Committee") which, among other things, encouraged "the Parties to introduce requests for the granting of enhanced protection [to cultural property], including those as a result of an emergency situation, on 8 February 2016 the Secretariat sent an inviting all Parties to submit requests for the granting of enhanced protection in accordance with the deadline of 1 March of each year provided for in paragraph 45 of the Guidelines for the Implementation of the 1999 Second Protocol to the 1954 Hague Convention ( Guidelines ). 2. By 1 March 2016, the Secretariat received seven requests for enhanced protection submitted by Bosnia and Herzegovina, Cambodia, Georgia, Mali, and Nigeria for the following cultural properties: Bosnia and Herzegovina Mehmed Paša Sokolović Bridge in Višegrad (cultural World Heritage site) Architectural Ensemble of Blagaj (site inscribed on the National Tentative List) Cambodia Angkor (cultural World Heritage site) Georgia Mali Historical Monuments of Mtskheta (cultural World Heritage site) Tomb of Askia (cultural World Heritage site) Nigeria Sukur Cultural Landscape (cultural World Heritage site) The Rabih s Fort National Monument (site not inscribed on the World Heritage List, nor on the National Tentative List) 3. In conformity with paragraph 46 of the Guidelines, the Secretariat acknowledged the receipt, checked for completeness and registered the requests. It requested additional information from all the five Parties. Georgia and Mali provided the requested information within two months of the date of the request from the Secretariat. The Secretariat will work closely with the relevant authorities of Bosnia and Herzegovina, Cambodia and Nigeria to complete their files for the twelfth meeting of the Committee scheduled for During the meeting of the Bureau of the Committee held on 21 May 2016, the Secretariat presented a general overview of the situation concerning the seven requests. 5. On 24 August 2016, in accordance with paragraph 46 of the Guidelines, the Secretariat forwarded the complete files corresponding to the Historical Monuments of Mtskheta and the Tomb of Askia to the Bureau for its prima facie consideration. All Bureau members (Argentina, Cambodia, Egypt, Georgia, Greece and Mali) agreed with the review of completeness submitted by the Secretariat. 6. On 4 October 2016, in accordance with Article 11 (5) of the 1999 Second Protocol, the Secretariat informed all Parties of the requests. 7. By the present document and in accordance with paragraph 47 of the Guidelines, the Bureau forwards the two complete requests (including the evaluation) to the Committee and proposes the draft decisions contained in paragraphs 34 (Georgia) and 67 (Mali). 8. The requests as well as annexes supporting the requests were made available by the Committee members and to all Parties to the Second Protocol at least sixty days before the

3 C54/16/11.COM/5 page 3 eleventh meeting of the Committee in December 2016 in accordance with Article 11(5) of the 1999 Second Protocol. I. HISTORICAL MONUMENTS OF MTSKHETA (Georgia) I.1 Background 9. The request for the granting of enhanced protection to the Historical Monuments of Mtskheta was submitted on 22 February The Secretariat organized a meeting with the Permanent Delegation of Georgia on 10 March 2016 with a view to providing its initial informal evaluation and explaining procedural aspects with regard to the granting of enhanced protection. The Secretariat requested additional information to complete the file on 12 April 2016 and received the requested information from Georgian authorities on 12 June The request, including its supporting documents, is available online at. (the access is limited to the Parties to the 1999 Second Protocol). I.2 Evaluation I.2.A Identification of the cultural property (paragraphs 55 and 56 of the Guidelines) 11. In accordance with paragraphs 55 and 56 of the Guidelines, the boundaries of an immovable cultural property nominated for the List of Cultural Property under Enhanced Protection and its immediate surroundings must be clearly defined, and the Universal Transverse Mercator ( UTM ) co-ordinates of the boundaries of such property must marked on the map(s) and attached to the request. Boundaries of a wider property must be indicated by providing a list of coordinates indicating the course of the property boundary. 12. Georgia provided a map of the cultural property (part 3.A [pages 5-12] of the request) including the UTM coordinates of its boundaries indicating the course of the property boundary. The area of the property was also provided, as were photographs of the property. I.2.B Article 10 (a): Greatest importance for humanity 13. Pursuant to paragraph 57 of the Guidelines, a description of the Historical Monuments of Mtskheta, including its state of conservation and historical background, was provided (part 3.B [pages 13-74] of the request). 14. The Historical Monuments of Mtskheta were inscribed on the World Heritage List during the 18 th session of the World Heritage Committee in 1994, finding that it met criteria (iii) and (iv). 15. It must be noted that the World Heritage Committee decided to inscribe the Historical Monuments of Mtskheta on the List of World Heritage in Danger (33 COM 7B.102) at its 33rd session (June 2009, Seville, Spain) due to the lack of a management mechanism and the loss of authenticity in works carried out in the property. The site was maintained on the List of World Heritage in Danger due to uncontrolled infrastructure development until By Decision 40 COM 7 A.29 adopted at the 40th session of the World Heritage Committee (July 2016, Istanbul, Turkey), the Committee removed the cultural property from the List of World Heritage in Danger. 16. In accordance with paragraph 36 of the Guidelines, the Committee may consider that, subject to other relevant considerations, the condition of greatest importance for humanity has been satisfied as this cultural property is a World Heritage site.

4 C54/16/11.COM/5 page 4 I.2.C Article 10 (b): Adequate domestic legal and administrative measures of protection I.2.C (i) Identification and safeguarding in accordance with Article 5 of the Second Protocol (first bullet point of paragraph 39 of the Guidelines) 17. According to paragraph 58 of the Guidelines, a list of legal and administrative measures taken to ensure adequate protection and maintenance of the cultural property has been provided (Annex 1), as well as corresponding texts or a summary of those texts (Annexes 7 and 8). 18. General protection of the cultural property is ensured through the Constitution of Georgia. Article 34 (2) of the Constitution states that every citizen of Georgia shall be obliged to care for the protection and preservation of the cultural heritage and the state shall protect the cultural heritage by law. Along with the Constitution, the cultural property in Georgia is protected by a specific legislative act, the Law of Georgia on Cultural Heritage adopted on 8 May The Law, among others, defines the activities and obligations of the relevant authorities involved in the protection of cultural heritage, the rights and obligations of individuals and legal entities and monument owners, and issues relating to property rights concerning objects of cultural heritage. 19. In addition, Article 15 of the National Security Concept of Georgia determines the preservation of the cultural heritage as one of the top priorities. It reads as follows: Georgia, in close cooperation with UNESCO and other international organizations, is determined to protect and develop the country s unique cultural heritage, which is an important part of the world s cultural heritage. 20. The protection of the Historic Monuments of Mtskheta is ensured by the Ministry of Culture and Monuments Protection, the National Agency for Cultural Heritage Preservation of Georgia, the Ministry of Justice, local self-governing entities such as the Municipality of Mtskheta and the Georgian Apostolic Autonomous Orthodox Church. In addition, several units within the Ministry of Internal Affairs of Georgia are also responsible for the protection of Georgian cultural Heritage, including the Emergency Situations Management Agency and its special structural unit - Division for Protection of National Treasure. 21. It must be also noted that the Georgian legislation provides for three levels of protection for its cultural property: (i) protection for listed cultural property, (ii) protection for listed cultural property of national significance and (iii) protection for listed cultural property of international significance. Being a cultural World Heritage site, the Historic Monuments of Mtskheta enjoy the highest level of protection under Georgian law. 22. In addition, with a view to enhancing its protection, the Mtskheta Cultural Heritage Protection Zones were established on 17 September 2012 by the Decree No (Annex 3). The cultural property site management plan for the nominated cultural property was developed in coordination with UNESCO, in the framework of the project, Improving Management of the Historic Monuments of Mtskheta with financial support from the World Heritage Fund. 23. With regard to the planning of emergency measures against fire or structural collapse, the Law of Georgia on Civil Safety (N2467 II, May 5, 2014) and the standard normative acts subordinated to this Law, such as Technical Regulations on Fire Safety Rules and Conditions (N 370, July 23, 2015), Regulations of Firefighting and Emergency - Rescue Operations (Decree N 738 of May 21, 2007) regulate fire safety issues. Specific information on fire prevention measures and emergency situations response plans can be found under Annex 2 of the request.

5 C54/16/11.COM/5 page 5 I.2.C (ii) Due consideration of the protection of the cultural property in military planning and military training programs (second bullet point of paragraph 39 of the Guidelines) 24. The Ministry of Defence of Georgia, in accordance with international norms, ensures the protection of cultural heritage and organizes defence facilities to avoid endangering cultural property. Pursuant to Article 7 of the 1954 Hague Convention, each brigade s headquarters designated Civil-Military cooperation (CIMIC) officers with a view to providing commanders with relevant information on cultural property within the area of responsibility at the exercise/operation planning phase. Civil-Military affairs branch responsible for coordinating cultural heritage issues is a part of the Georgian Armed Forces General Staff. 25. In accordance with Decree No. 4 of the Minister of Defence issued on 20 January 2000, rules of international humanitarian law ( IHL ) were included as a separate subject in combat training programmes of the Georgian Armed Forces. A permanent commission was established at the Ministry to plan and supervise the IHL rules integration process in Armed Forces. 26. Further specific information on due consideration of the protection of the cultural property in military planning and military training programs can be found on pages of the request. I.2.C (iii) Appropriate criminal legislation providing the repression of, and jurisdiction over, offenses committed against cultural property under enhanced protection within the meaning of, and in accordance with, Chapter 4 of the Second Protocol (paragraph 39 of the Guidelines) 27. The serious violation of Article 15 of the 1999 Second Protocol are covered by Articles (Illicit Archaeological Works, Damage to an Archaeological Object), (Damage or Destruction of Cultural Heritage), (Breach of the Cultural Heritage Protection Zone), (Violation of International Rules of Protection of Cultural Properties in the Armed Conflict), 411 (Deliberate Violation of International Humanitarian Law Norms in the Event of Armed Conflict) of the Criminal Code of Georgia (see pages of the request). 28. With regard to the establishment of jurisdiction for crimes committed against cultural property as stipulated under Article 16 of the 1999 Second Protocol, Articles 4, 5 (1), and 5 (3) the Georgian Criminal Code establish territorial and extra-territorial jurisdiction. 29. Thus, the Committee may consider that the condition stated in Article 10 (b) of the Second Protocol has been satisfied. I.2.D Article 10 (c): No military use 30. A non-military use declaration signed by the Minister of Defence on 15 February 2016 was submitted. It declares that the property, as well as its immediate surroundings, are not and will not be used for military purposes or to shield military sites (Annex 5 of the request). 31. As a consequence, the Committee may consider that the condition provided for in Article 10 (c) of the Second Protocol has been satisfied. I.2.E Responsible authority 32. Information was provided by the responsible authorities, i.e. the Ministry of Culture and Monument Protection of Georgia; National Agency for Cultural Heritage Preservation of Georgia; Ministry of Defence of Georgia; and Ministry of Justice of Georgia. CONCLUSION 33. The Secretariat considers that the request for the granting of enhanced protection to the Historical Monuments of Mtskheta submitted by Georgia is complete. 34. The Committee may wish to adopt the following decision: DRAFT DECISION 11.COM 5.1 The Committee,

6 C54/16/11.COM/5 page 6 1. Recalling that Georgia submitted a request for the granting of enhanced protection for the cultural property of the Historical Monuments of Mtskheta in 2016, 2. Having considered Document C54/16/11.COM/5, Part I, 3. Decides that this request is complete; 4. Further decides to grant enhanced protection to the Historical Monuments of Mtskheta (Georgia); 5. Adopts the following Statement of Inclusion of the said property in the List of Cultural Property under Enhanced Protection: The cultural property of the Historical Monuments of Mtskheta, Georgia, complies with the three conditions of Article 10 of the Second Protocol in the following ways: By virtue of its inscription on the World Heritage List, and in light of paragraph 36 of the Guidelines for the Implementation of the Second Protocol to the 1954 Hague Convention, the Historical Monuments of Mtskheta comply with the condition of being of the greatest importance for humanity; Protection measures have been taken and the cultural property is protected by (i) the Constitution of Georgia, (ii) the Law of Georgia on Cultural Heritage, (iii) the Law of Georgia on Civil Safety and the standard normative acts subordinated to this Law, including the Technical Regulations on Fire Safety Rules and Conditions (N 370, July 23, 2015), Regulations of Firefighting and Emergency - Rescue Operations (Decree N 738 of May 21, 2007), (iv) Decree No on the establishment of the Mtskheta Cultural Heritage Protection Zones. Furthermore, Decree No. 4 of the Minister of Defence issued on 20 January 2000 incorporated the rules of IHL in combat training programmes of the Georgian Armed Forces. Finally, the Criminal Code of the Georgia incorporates provisions providing for the repression of, and jurisdiction over, offences committed against cultural property under enhanced protection in accordance with Chapter 4 of the 1999 Second Protocol. Consequently, the Historical Monuments of Mtskheta comply with the condition of being protected by adequate domestic legal and administrative measures recognizing its exceptional cultural and historic value and ensuring the highest level of protection. By a non-military use declaration issued by the Minister of Defence on 15 February 2016 stating that the Historical Monuments of Mtskheta and also their immediate surrounding areas are not and will not be used for military purposes or to shield military sites, the Historical Monuments of Mtskheta complies with the condition according to which the Party having control over the cultural property declare that the cultural property will not be used for military purposes or to shield military sites.

7 C54/16/11.COM/5 page 7 II. TOMB OF ASKIA (MALI) II.1 Background 35. The Tomb of Askia is a cultural property situated in the centre of the town of Gao (Gao administrative region Mali) on Avenue des Askia. 36. On 2 March 2015, Mali submitted a request for the granting of protection for the Tomb of Askia (hereinafter referred to as the request ). Pursuant with paragraph 45 of the Guidelines for the implementation of the 1999 Second Protocol to the Hague Convention of 1954 ( the Guidelines ), consideration of the request was postponed to 2016 as the statutory deadline had passed. On 6 March 2015, the Secretariat acknowledged receipt of the request and informed the relevant authorities thereof. 37. On 9 February 2016, the Malian authorities submitted additional information to the Secretariat in order to complete their request. On 16 February 2016, the Secretariat organised an informal working meeting with the Permanent Delegation of Mali to UNESCO in order, inter alia, to present the information it was required to provide to demonstrate the implementation of a system to ensure the highest level of protection for the Tomb of Askia, pursuant to Article 10 (b) of the Second Protocol. Pursuant to paragraph 46 of the Guidelines, the Secretariat sent an official request for additional information to the Malian authorities on 13 April Given the lack of evidence demonstrating that the highest level of protection is provided to the Tomb of Askia, the Secretariat has organised an informal working meeting with the Malian delegation in order to explore the opportunity to submit a request for international financial assistance to cover the preparation, the development and the application of laws, administrative arrangements and other necessary measures to ensure the highest level of protection for the Tomb of Askia and to allow, if necessary, an application of Article 11 (8) of the Second Protocol by the Committee for the protection of cultural property in the event of armed conflict ( the Committee ). 39. The complete file for the request, including its annexes, is available online at: (access is limited to the Parties to the Second Protocol). 40. On 18 May 2016, the Malian authorities submitted this request for assistance and, on 19 May 2016, they sent certain additional information to the Secretariat. II.2 II.2.A Evaluation Identification of the cultural property (paragraph 55 and 56 of the Guidelines) 41. Pursuant to paragraph 55 and 56 of the Guidelines, the U.T.M. co-ordinates for the Tomb of Askia (part 3.A of the Malian request) as well as the maps (Annex II) were sent. Although the U.T.M. coordinates are not marked on the maps, they can be read in the light of Decree n /P-RM of 14 October 2003, containing the classification of the Tomb of Askia in the national cultural heritage (Annex IV), which allows the precise locationing of the Tomb of Askia to be obtained. Different maps, showing the exact location of the cultural property, have been reproduced (Annex II). The area of the cultural property has been defined and photographs of the location have also been attached (Annex III). II.2.B Article 10 (a) : Property of the greatest importance for humanity 42. Pursuant to paragraph 57 of the Guidelines, a description of the cultural property has been drawn up (part 3.B of the Malian request). This description provides relevant information and documentation relating to the Tomb of Askia, while presenting the state of conservation of the cultural property, its history as well as its evolution. 43. The Tomb of Askia has been inscribed on the World Heritage List since 7 July 2004, applying inscription criteria (ii), (iii) and (iv) (Decision 28 COM 14B.20 of the World Heritage

8 C54/16/11.COM/5 page 8 Committee). As the cultural property is inscribed on the World Heritage List, it benefits from the presumption set forth in paragraph 36 of the Guidelines. 44. The Tomb of Askia was inscribed on the List of World Heritage in Danger in 2012 through Decision 36 COM 8C.1 (Annex V). The Malian authorities sent the World Heritage Centre a report on the state of conservation of the Tomb of Askia in February 2015 (Annex VI). 45. The report prepared by the World Heritage Centre on the state of conservation of the property inscribed on the List of World Heritage in Danger (document WHC/16/40.COM/7.A.Add) and presented on the occasion of the 40th session of the World Heritage Committee (July 2016, Istanbul, Turkey) also indicates that the property remains subject to real threats to its architectural components and the conservation and management mechanism Therefore, pursuant to paragraph 36 of the Guidelines, the Committee may consider that the condition of greatest importance for humanity has been satisfied as this cultural property is inscribed in the World Heritage List. II.2.C Article 10 (b): Adequate domestic legal and administrative measures of protection 47. According to paragraph 58 of the Guidelines, a list of legal and administrative measures taken to ensure adequate protection of the Tomb of Askia has been provided, as well as corresponding texts or a summary of those texts. A detailed analysis of the effective application of these protective measures has also been prepared (part 3.C of the request). 48. Nonetheless, a thorough examination of these items does not support the conclusion that the Tomb of Askia benefits from the highest level of protection, pursuant to Article 10 (b) of the Second Protocol, as read in the light of paragraph 39 of the Guidelines. 49. In this regard, on 18 May 2016, the Malian authorities filed a request for international assistance from the Fund for the Protection of Cultural Property in the event of Armed Conflict ( the Fund ) for a total of 40,000 US dollars. This request aims, inter alia, to ensure the preparation, the development and the application of laws, administrative arrangements and other necessary measures to ensure the highest level of protection for the Tomb of Askia. The following are covered by the request for international assistance: The updating and adoption of national criminal legislation implementing Chapter IV of the Second Protocol; Training of soldiers in the rules relating to the protection of cultural property through training programs; The adoption of safeguard measures to ensure the preservation of the Tomb of Askia, in particular the adoption of measures against the risk of building collapse. 50. The introduction of this request for international assistance from the Fund is likely to enable the application of Article 11 (8) of the Second Protocol, which provides that in exceptional cases, when the Committee has concluded that the Party requesting inclusion of cultural property in the List cannot fulfil the criteria of Article 10 sub-paragraph (b), the Committee may decide to grant enhanced protection, provided that the requesting Party submits a request for international assistance under Article The request for international financial assistance filed by the Malian authorities is the subject of a separate document, brought to the attention of the 11 th meeting of the Committee. 1 The document WHC/16/40.COM/7.A.Add is available online at:

9 C54/16/11.COM/5 page 9 II.2.C (i) Identification and safeguarding in accordance with Article 5 of the Second Protocol (first bullet point of paragraph 39 of the Guidelines) 52. The Tomb of Askia is registered in the National Inventory of Malian Cultural Heritage (Annex IV). The Malian authorities have also attached an inventory of movable cultural heritage items from the Tomb of Askia (Annex VII). However, the latter has been shown to be rudimentary in that it neither includes photographs of the cultural items concerned, nor a brief description thereof. 53. Plans relating to the planning of emergency measures to protect the property against the risk of fire or structural collapse have not been made available by the Malian authorities. Without prejudice to the local customs and methods of organisation, the strategy document for the reconstruction of world heritage property to the north of Mali (Annex VIII) does not allow us to establish the existence of emergency measures to project the Tomb of Askia against the risk of fire or structural collapse. Therefore, as indicated in part 3.C of the request, emergency measures are adopted on an ad hoc basis by the Tomb of Askia Management Committee. 54. Plans for the removal of movable cultural property or the provision of adequate in situ protection of the said property have not been made available by the Malian authorities. Without prejudice to the local customs and methods of organisation, the strategy document for the reconstruction of world heritage property to the north of (Annex VIII) does not allow us to conclude that plans exist in relation to the removal of movable cultural property or the provision of adequate in situ protection. In this case, the Tomb of Askia Management Committee also appears to assume a leading role on an ad hoc basis. II.2.C (ii) Due consideration of the protection of the cultural property in military planning and military training programs (second bullet point of paragraph 39 of the Guidelines) 55. During the consideration of the protection of cultural heritage in military training plans and programs, the following were referred to: The Passport for Mali tool, produced in collaboration with UNESCO; Various military training activities organised by the Malian authorities, as well as other activities organised in collaboration with the MINUSMA. 56. A non-exhaustive list of these training activities is included in Annex IX to the request. However, these activities still fail to demonstrate that the protection of cultural property is included in general in military planning and military training programs, pursuant to paragraph 39 of the Guidelines. II.2.C (iii) Appropriate criminal legislation providing the repression of, and jurisdiction over, offenses committed against cultural property under enhanced protection within the meaning of, and in accordance with, Chapter 4 of the Second Protocol (third bullet point of paragraph 39 of the Guidelines) 57. In criminal law, Law n 85-40/AN-RM of 26 July 1985 relating to the protection and promotion of the national cultural heritage, as amended by the law of 30 December 2010 (Annex IV) put forward by the Malian authorities, does not reflect at least the serious violations as defined in Article 15.1 (a), (b), (c), and (d) of the Second Protocol. 58. Legislative measures confirming that the Malian courts have jurisdiction over these serious violations, pursuant to Article 16 of the Second Protocol, have not been attached to the request. 59. Therefore, the Secretariat considers that the condition set forth in Article 10, paragraph (b), has not been satisfied.

10 C54/16/11.COM/5 page 10 II.2.D Article 10 (c) : No military use 60. A declaration of non-military use signed by Mr. Lassana Cissé, National Director of Cultural Heritage, is attached to the request. In addition, a detailed description of the current use of the Tomb of Askia has been provided (part 3.D of the request). 61. Therefore, the Committee may consider that the condition set forth in Article 10, paragraph (c), of the Second Protocol has been satisfied. II.2.E Responsible authority 62. Information relating to the responsible authorities has been provided. These are the Natural Cultural Heritage Mission and the Tomb of Askia Management Committee, with contact details for each of these authorities also provided (part 3.E of the request). CONCLUSION 63. The Secretariat considers that the conditions set forth in Article 10, paragraphs (a) and (c), of the Second Protocol have been satisfied. 64. With regard to Article 10, paragraph (b), of the Second Protocol, as well as in the light of paragraph 39 of the Guidelines, the adoption of measures ensuring the highest level of protection for the cultural property proposed for inscription in the List of Cultural Property under Enhanced Protection imply, at least: the existence of national legislation reflecting Chapter IV of the Second Protocol; the existence of military training plans including a cultural property component; the drawing up of inventories, or at least a list of assets; the designation of competent authorities responsible for the safeguarding of cultural property; and plans for emergency measures to protect property against the risk of fire or structural collapse. However, the existence of some of these measures has not been demonstrated by the present request. 65. Considering that, on 18 May 2016, the Malian authorities submitted a request for international assistance from the Fund, in order, inter alia, to allow the adoption of preparatory measures in application of Article 10 (b) of the Second Protocol, the Secretariat proposes to apply Article 11 (8) of the Second Protocol. 66. Consequently, the Secretariat believes that the request is complete, subject to the application by the Committee of Article 11 (8) of the Second Protocol. 67. The Committee may wish to adopt the decision below: DRAFT DECISION 11.COM 5.2 The Committee, 1. Recalling that Mali filed a request for the granting of enhanced protection for the cultural property, the Tomb of Askia in 2015, 2. Having considered Document C54/16/11.COM/5, part II, 3. Recalling Article 11 (8) of the Second Protocol, 4. Decides that, subject to the adoption by Mali of preparatory measures pursuant to Article 10 (b) of the Second Protocol, the request is complete as regards the requirements of Article 10, paragraphs (a) and (c), of the Second Protocol; 5. Requests that Mali adopts such preparatory measures within a period of 18 months from the present decision and inform it thereof through the Secretariat; 6. Further decides to grant enhanced protection to the Tomb of Askia (Mali), in accordance with the procedure laid down in Article 11 (8) of the Second Protocol; 7. Adopts the declaration of inscription of the said property on the List of Cultural Property under Enhanced Protection, as follows:

11 C54/16/11.COM/5 page 11 The Tomb of Askia (Mali) complies with the two conditions set forth in Article 10, paragraphs (a) and (c), of the Second Protocol for the following reasons: By virtue of its inscription on the World Heritage List, and in light of paragraph 36 of the Guidelines for the Implementation of the Second Protocol to the 1954 Hague Convention, the Tomb of Askia complies with the condition of being of the greatest importance for humanity; By virtue of a non-military use declaration issued by the National Director of Cultural Heritage on 16 February 2015 stating that the Tomb of Askia is not used for military purposes or to shield military sites, the Tomb of Askia complies with the condition according to which the Party having control over the cultural property declares that the cultural property will not be used for military purposes or to shield military sites. As Mali submitted a request for international assistance from the Fund for the Protection of Cultural Property in the Event of Armed Conflict on 18 May 2016, a request that, inter alia, aims to ensure the preparation, development and application of laws, administrative arrangements and other necessary measures to ensure the highest level of protection for the Tomb of Askia, the Committee shall apply Article 11 (8) of the Second Protocol. The Committee shall re-examine the protection for the Tomb of Askia through domestic legal and administrative measures recognizing its exceptional cultural and historical value and ensuring the highest level of protection at its 13th meeting, due to be held in December 2018.

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