Case Law

The World Heritage Committee,

1. Having examined Document WHC-14/38.COM/7A.Add,
2. Recalling Decision 37 COM 7A.4 adopted at its 37th session (Phnom Penh, 2013),
3. Notes with appreciation the efforts deployed by the park staff to continue to ensure the conservation of the property despite life threatening conditions, and expresses its most sincere condolences to the families of the guards killed in operations for the protection of the property;
4. Reiterates its deep concern about the fact that the State Party has not revised the authorizations for petroleum exploration in the Park, as requested in its previous Decisions, as well as about the commencement of oil exploration activities in Lake Edward and the statement by the Minister for Hydrocarbons that the government envisages to proceed with petroleum exploitation inside the property if economically viable oil reserves are confirmed;
5. Reiterates its request to the State Party to cancel all the oil exploitation permits granted within the property and reiterates its position that oil, gas and mineral exploration and exploitation are incompatible with World Heritage status;
6. Congratulates the TOTAL Company for its commitment not to explore or exploit for oil or gas in sites inscribed on the World Heritage List, a principle to which the Shell Company had already subscribed;
7. Takes note of the press statement of SOCO not to undertake or commission any exploratory or other drilling within Virunga National Park unless UNESCO and the DRC Government agree that such activities are not incompatible with its World Heritage status, not to conduct any operations in any other World Heritage site and to ensure that any current of future operations in buffer zones adjacent to World Heritage sites do not jeopardize the Outstanding Universal Value for which these sites are listed;
8. Reiterates its request to States Parties to the Convention to do their utmost to ensure that the mining or petroleum companies established on their territories do not damage World Heritage properties, in accordance with Article 6 of the Convention ;
9. Notes with concern that while the security situation has improved slightly there is still the presence of different armed groups active in and around the property, resulting in limited progress in the implementation of the corrective measures due to the instability in the region;
10. Expresses its utmost concern about the limited support park staff is receiving from the Government to address the threats to the property, in particular the continued involvement of the military in various illegal activities such as charcoal making, poaching and illegal fishing, and the lack of support from the authorities to address encroachment on the property, and further reiterates its request to the State Party to implement the commitments made by the Congolese Government in the Kinshasa Declaration of January 2011;
11. Requests for a clear and written commitment from SOCO, or any other oil company, not to explore nor exploit oil and gas in any World Heritage site, including Virunga National Park;
12. Urges the State Party to implement the corrective measures as updated by the 2014 joint World Heritage Centre / IUCN reactive monitoring mission:
    1. Cancel all the oil exploitation permits granted within the property,
    2. Take all necessary measures to stop the involvement of the Congolese Army and Navy in the illegal exploitation of the natural resources of the park, in particular poaching, charcoal making and fishing,
    3. Strengthen the efforts to disarm all armed groups operating in and around the property,
    4. Take measures at the highest level to enable the Congolese Nature Conservation Institute (ICCN) to continue without political interference, the peaceful evacuation of illegal occupants from the property,
    5. Continue law enforcement focusing on priority areas, and pursue activities to re-establish a system of good governance for fishing activities on Lake Edward,
    6. Pursue communication and awareness-raising actions targeted towards the authorities and local populations,
    7. Pursue actions to eliminate all production of charcoal within the property, and promote alternative energy sources, in particular the development of small scale hydropower outside the property;
13. Also requests the State Party to submit to the World Heritage Centre, by 1 February 2015, a detailed report, including a 1-page executive summary, on the state of conservation of the property, including an update of the progress accomplished in the implementation of the corrective measures, for examination by the World Heritage Committee at its 39th session in 2015;
14. Decides to continue the application of the Reinforced Monitoring Mechanism of the property;
15. Also decides to retain Virunga National Park (Democratic Republic of the Congo) on the List of World Heritage in Danger.

The World Heritage Committee,

1.  Having examined Document WHC-12/36.COM/7B.Add,

2.  Recalling Decision 35 COM 7B.19 adopted at its 35th session (UNESCO, 2011),

3.  Notes with concern that expansion works on Highway 304 have been completed outside the property without the implementation of appropriate mitigation measures along the sections of the highway within the property, and requests the State Party to:

a)  Urgently submit the completed EIA for section 26-29 km along with detailed plans for ecologically effective wildlife corridors including a detailed timeline, financial planning and resources for construction of the corridors, and mitigation actions to be implemented during construction and long-term enforcement actions to prevent encroachment,

b)  Implement and enforce speed limits and impact mitigation actions on the sections of Highway 304 running within the boundaries of the property, as well as other roads that bisect the property, and to monitor use of other roads as shortcuts and transport routes through the property;

4.  Also notes with concern that construction continues at the Huay Samong Dam site, and also requests the State Party to halt construction of the Huay Samong Dam until appropriate resources are committed to ensure mitigation, enforcement and anti-encroachment actions are effectively in place, including enhanced cooperation between management authorities and enforcement actions to prevent further impacts on the property;

5.  Further requests the State Party to implement all the other recommendations from the 2012 joint World Heritage Centre/IUCN reactive monitoring mission by June 2014, in particular:

a)  Closely monitor the level of encroachment, including by undertaking detailed mapping of the encroachments, including location, land use and magnitude, in relation to current boundaries of the World Heritage Property and to assess any increase in encroachment since inscription using satellite imagery and topographic analysis, and consider submitting a boundary modification request where appropriate, following the relevant procedures as outlined in the Opertational Guidelines,

b)  Strengthen enforcement measures, provide adequate resources to the management authority and law enforcement agencies, work with surrounding communities to increase awareness of the boundaries of the property and garner support for the conservation of the property and its OUV,

c)  Prioritize reduction of illegal grazing activities within the property and pay particular attention to stopping grazing activities conducted by commercial agricultural companies,

d)  Consider extending the property in order to include areas that better represent its Outstanding Universal Value, based on the mapping of encroachments recommended above, and considering current levels of encroachment, realistic boundaries for enforcement, and impacts and mitigation from construction of the Huay Samong Dam,

e)  Strengthen efforts in implementing the Management Plan for Dong Phayayen – Khao Yai Forest Complex, including an updated and revised plan for the complex that involves and encourages cooperation and coordination of all relevant ministries and agencies, and stakeholders at both national and local levels,

f)   Develop and implement a detailed, integrated, extensive and long-term tourism management plan that includes actions to address the current impacts from high intensive tourism and encourages them to submit a request for International Assistance to the Committee to support the development of the tourism plan,

g)  Consider a detailed management related zoning plan for the property, to ensure core areas of habitat are identified and provided with increased levels of protection, including designation of an appropriate buffer zone around the property to ensure protection against adjacent developments;

6.  Considers that cattle grazing in the property represents a serious concern, and that the on-going encroachment of the property has not yet been adequately addressed, and encourages the State Party to secure the appropriate high-level political support to tackle these threats;

7.  Requests furthermore the State Party to submit to the World Heritage Centre, by 1 February 2013, an updated and detailed report on the state of conservation of the property, including a report on the progress achieved in the implementation of the 2012 mission recommendations, for examination by the World Heritage Committee at its 37th session in 2013, when the Committee should also consider the need for a further reactive monitoring mission, and the possible inscription of the property on the List of World Heritage in Danger.

The World Heritage Committee,

1.   Having examined Document WHC-12/36.COM/7B.Add,

2.   Recalling Decision 35 COM 7B.41, adopted at its 35th session (UNESCO, 2011),

3.   Welcomes the progress made by the State Party in improving the management system for the property and urges it to secure the necessary resources for its effective operation;

4.   Notes the results of the March 2012 reactive monitoring mission and encourages the State Party to implement its recommendations, with particular emphasis on:

a)  Finalize the updating of the management plan and submit it to the World Heritage Centre and the Advisory Bodies for consideration and review,

b)  Develop a capacity building strategy to ensure that qualified conservation and management professionals are available to support the work of the Technical Committee,

c)  Improve collaboration mechanisms to ensure the adequate protection and management of the buffer zones and better utilise mechanisms such as the consultative meeting to strengthen participatory decision-making,

d)  Increase awareness raising activities and produce summaries of existing planning tools for easier consultation by different public users;

5.   Requests the State Party to submit to the World Heritage Centre, by 1 February 2014, a report on the state of conservation of the property and on the steps taken to implement the recommendations set out above, for examination by the World Heritage Committee at its 38th session in 2014.

The World Heritage Committee,

1.   Having examined Document WHC-12/36.COM/7B,

2.   Recalling Decision 34 COM 7B.70, adopted at its 34th session (Brasilia, 2010),

3.   Acknowledges the efforts made by the State Party to address the conservation issues at the property; and notes the pragmatic approach currently applied by the Bodhgaya Temple Management Committee (BTMC) to retain its special legal status, under the Bodhgaya Temple Act of 1949;

4.   Also notes the results of the February 2011 joint World Heritage Centre/ICOMOS/ICCROM reactive monitoring mission, endorses its recommendations on the satisfactory condition of the property, including the sacred Bodhi Tree, and requests the State Party to:

a)  Ensure urgent protection of the vulnerable setting and the wider landscape through a balanced vision, which integrates conservation, pilgrimage and community development,

b)  Formally designate an adequate buffer zone for the immediate setting of the property and appropriate protection for the wider landscape,

c)  Identify, in consultation with the World Heritage Centre and the Advisory Bodies a two-step approach, firstly, an adequate buffer zone for the protection of the immediate setting as well as a regulatory framework for the protection of the wider  landscape, following as second step, a serial extension of the property to include other sites with outstanding associations to the life of Lord Buddha,

d)  Revise the Management Plan and the regional development plan in light of the proposed buffer zone boundaries and regulations; and conduct a study of pilgrimage patterns and visitor behaviour to identify the most significant pressures and develop, on this basis, a comprehensive visitor/pilgrims management strategy,

e)  Undertake capacity-building activities for all local stakeholders concerned to raise awareness of World Heritage management requirements;

5.   Encourages the State Party to submit the designated buffer zone as a minor boundary modification;

6.   Also requests the State Party to submit to the World Heritage Centre, by 1 February 2014, a report on the state of conservation of the property and the implementation of the above, for examination by the World Heritage Committee at its 38th session in 2014.

The World Heritage Committee,

1. Having examined Document WHC-09/33.COM/7B.Add,

2. Recalling Decision 32 COM 7B.25, adopted at its 32nd session (Quebec City, 2008),

3. Urges the State Party to resolve as soon as possible the issue of the legal protection regime for the property, delimitation of its buffer zones and regulations concerning buffer zones management;

4. Encourages the State Party to increase control and patrolling of the property to discourage illegal activities within the property and to increase awareness-raising and the involvement of the local communities and stakeholders to ensure that appropriate legal protection is enforced;

5. Notes with satisfaction the assurance given by the State Party that no development within the property or the buffer zone will take place;

6. Requests that the State Party provide results of its monitoring activities including the 1999 - 2008 comparative wildlife study;

7. Regrets that the State Party has not provided any maps indicating the location of installations for the 2014 Winter Olympic Games and other infrastructure developments in the property and in the Sochi National Park adjacent to the property;

8. Requests that maps and detailed information be provided on the location and an assessment of potential impacts on the Outstanding Universal Value of the property be provided before any construction begins and encourages the State Party to ensure that the Olympic Games and related infrastructure development do not threaten the property;

9. Further requests the State Party to ensure that the Outstanding Universal Value of the property is taken into account in the Environmental Impact Assessments and that these documents, including maps are made public and that mitigation to any threats to the Outstanding Universal Value of the property are incorporated in the planning of all infrastructure and tourism development activities neighbouring and within the property;

10. Requests furthermore the State Party to review the plans and programmes relating to the 'South of Russia 2008-2012' Federal Target Programme together with plans and programmes of the Krasnodar Territory, Adygei Republic and Karachai-Cherkess Republic to ensure compatibility with the protection of the Outstanding Universal Value of the property;

11. Also requests the State Party to submit to the World Heritage Centre, by 1 February 2010, a report on the state of conservation of the property and on the steps taken to implement the recommendations of the 2008 World Heritage Centre / IUCN mission and on the additional concerns raised above, for examination by the World Heritage Committee at its 34th session in 2010;

12. Finally requests the State Party to invite a joint World Heritage Centre / IUCN reactive monitoring mission to carry out a timely assessment of progress in implementing the above recommendations before the 34th session of the World Heritage Committee in 2010.