Case Law - Indigenous peoples

The World Heritage Committee,

1. Having examined Document WHC/21/44.COM/7A,
2. Recalling Decision 43 COM 7A.10 adopted at its 43rd session, Baku, 2019),
3. Takes note of the conclusion of the 2020 joint World Heritage Centre / IUCN mission, in particular the efforts made by the State Party in the implementation of the corrective measures and the significant progress made towards the Desired state of conservation for the removal of the property from the List of World Heritage in Danger (DSOCR) since the establishment of a functional co-management system for the property;
4. Takes note of the clarification provided by the State Party that although the oil concessions awarded by presidential ordinance and straddling the property have not yet been cancelled, the rights to the oil blocks have now lapsed, as well as the assurance given that these blocks will be excluded from any tender, and reiterates its request to permanently cancel these oil concessions, while not authorizing new concessions within the property and its periphery which could have negative and irreversible impacts on its Outstanding Universal Value (OUV);
5. Decides to no longer apply the reinforced monitoring mechanism for the property due to the progress made in the implementation of the corrective measures and the improvement of the security situation;
6. Noting the clarification provided by the State Party on oil exploration or exploitation within the property, the significant progress towards the formalisation of the Co-management Agreement between the Congolese Institute for Nature Conservation (ICCN) and the World Wide Fund for Nature (WWF) and the significant progress towards the achievement of all DSOCR indicators, also decides to remove Salonga National Park (Democratic Republic of the Congo) from the List of World Heritage in Danger;
7. Takes note with concern of the reports of alleged human rights violations against local communities during law enforcement operations and calls upon the State Party to take urgent action to strengthen its efforts to resolve this issue in accordance with relevant international standards and the World Heritage Sustainable Development Policy, taking into account the results of the Independent Review and Decision 44 COM 7A.46;
8. Further requests the State Party to implement the recommendations of the 2020 mission, as follows:
   1. Pursue current efforts and strengthen the human, technical and financial capacities dedicated to the fight against poaching, both in terms of staff and their training with a view to reaching a surveillance rate of 80% of the property,
   2. Increase the efforts undertaken with a view to a stronger involvement of communities in decision-making processes and raise their awareness of the fight against environmental crime,
   3. Finalize a framework for the peaceful management of conflicts with village communities, based on a successful mechanism for managing complaints and appeals to the co-managers of the property and including the establishment of precise protocols for community intervention,
   4. Prioritize finalizing the creation of an operational forestry continuum with a view to ensuring ecological functionalities between the two blocks of the property,
   5. Strengthen the fight against poaching linked to local corruption and public services,
   6. Improve the collection, management and processing of information and data obtained during surveillance operations, and stabilize the indicators used in this instance,
   7. Extend the sampling base for the annual monitoring of species in the corridor separating the two blocks which constitutes a favourable habitat for most of them, in particular the flagship species, the Congolese elephant, bonobo and peacock in order to document the follow-up of the reconstitution of fauna,
   8. Pursue current efforts to minimize the impacts of human activities on the outskirts of the property (e.g. fishing, itinerant slash-and-burn agriculture), on its OUV and on its integrity,
   9. Establish, as a priority, a sustainable development model adapted to the expectations of the communities residing in the periphery of the property, compatible with its environmental sensitivity,
   10. Pursue and accelerate the current process aimed at best preparing the relocation of families / communities established in the property, in accordance with the principal of prior, freely given and informed consent (PCPLC),
   11. Submit the findings of the ongoing study on the relocation of families / communities to the Committee, as soon as they are available, for opinion and comments,
   12. Finalise the Co-management Agreement between ICCN and WWF for the sustainable management of the property;
9. Commends the State Party for improving the collaboration between the management team, the local communities and the political, administrative and military authorities, with a view to effective management of conflicts related to the use of natural resources and encourages it to:
   1. Pursue its efforts to empower communities,
   2. Undertake participatory finalization of the demarcation of the non-natural boundaries of the Park, of which 120 kilometres have already been demarcated, and the process of creating an ecological continuum between the two sectors of the Park by proposing a classification status and a simple management plan for this area,
   3. Ensure that the displacement of communities living within the Park is in accordance with the policies of the Convention and relevant international standards;
10. Thanks all the donors who continue to support the conservation of the property, in particular the Governments of Germany and Norway, and the European Union through its funding to the World Heritage Fund, providing financial support for improving the state of conservation of the property;
11. Also takes note of the limited funding aimed at ensuring in a sustainable manner the implementation of all the management functions of the property and further requests the State Party, with the support of its partners, to continue its efforts with a view to develop a sustainable financing system with a view to the improvement of the efficiency in the management of the property;
12. Finally requests the State Party to submit to the World Heritage Centre, by 1 February 2022, an updated report on the implementation of the above, including the progress made aiming for the definitive cancellation of oil concessions straddling the property and the formalisation of the Co-management Agreement between ICCN and WWF, for examination by the World Heritage Committee at its 45th session.

The World Heritage Committee,

1. Having examined Document WHC-15/39.COM/7B,
2. Recalling Decision 37 COM 7B.30, adopted at its 37th session (Phnom Penh, 2013),
3. Commends the States Parties for the progress achieved in strengthening transboundary cooperation and reducing the threats to the property’s Outstanding Universal Value (OUV) originating from encroachment of agriculture and cattle grazing and potential road construction;
4. Strongly regrets that, despite the Committee’s previous decisions, construction of the Bonyic dam has been completed without prior consideration of the results of a comprehensive Strategic Environmental Assessment (SEA), and urges the States Parties to develop such an assessment as a matter of priority, based on the results of the preliminary SEA completed in 2012, and in consultation with IUCN, if necessary;
5. Notes with concern the impacts on freshwater biodiversity in at least two watersheds (Changuinola and Bonyic), and requests the State Party of Panama to ensure that the results of the developed monitoring programmes guide adequate measures to minimize biodiversity loss;
6. Considers that any development of new hydropower projects prior to the finalization and adequate review of the SEA would lead to the inscription of the property on the List of World Heritage in Danger;
7. Also notes with concern that a new hydropower project on the Changuinola river (Chan II) was approved in 2013 which the States Parties report would result in further cumulative impacts on both aquatic and terrestrial fauna and implies risks of social conflicts with local communities and, noting the reported current review and reconsideration of the project following the proposed changes in its design, also urges the State Party of Panama not to resume this project, until:
   1. the SEA for the property has been completed to guide the review of the project,
   2. the project has been subject to an independent Environmental Impact Assessment, including a specific assessment of potential impacts on the OUV of the property in conformity with IUCN’s World Heritage Advice Note on Environmental Assessment,
   3. due process has been ensured to achieve Free, Prior and Informed Consent by indigenous communities having territorial rights in the affected lands;
8. Also requests the States Parties to implement all other recommendations of the 2013 IUCN Reactive Monitoring mission;
9. Further requests the States Parties to invite an IUCN Reactive Monitoring mission to the property to evaluate the progress achieved with the development of the SEA and to provide necessary technical advice and to assess the effectiveness of the mitigation measures developed for Bonyic and CHAN-75 projects;
10. Requests furthermore the State Party to submit to the World Heritage Centre, by 1 February 2016, an updated report, including a 1-page executive summary, on the state of conservation of the property and the implementation of the above, including an assessment of the effectiveness of the developed mitigation measures for the existing hydroelectric projects, for examination by the World Heritage Committee at its 40th session in 2016, with a view to considering, in case of the confirmation of ascertained or potential danger to Outstanding Universal Value, the possible inscription of the property on the List of World Heritage in Danger.

The World Heritage Committee,

1.  Having examined Document WHC-13/37.COM/7B,

2.  Recalling Decision 36 COM 7B.31 , adopted at its 36th session (Saint-Petersburg, 2012),

3.  Commends the States Parties for the progress achieved in strengthening transboundary cooperation in the management of the property;

4.  Regrets that construction of the Bonyic dam has continued without prior consideration of the results of the on-going Strategic Environmental Assessment (SEA), and urges the States Parties to complete it as a matter of priority and in line with international standards of best practice, in particular to:

a)  Analyse impacts based on evidence and science, including impacts on Outstanding Universal Value (OUV),

b)  Consider least damaging alternatives, including the “no project” alternative,

c)  Ensure broad stakeholder consultation and validation processes;

5.  Also regrets that the State Party of Panama did not suspend the construction of the Bonyic dam until the SEA has been completed and its results considered, as requested by Decision 34 COM 7B.32 ;

6.  Notes with concern the irreversible damage to fresh water biodiversity in at least two watersheds (Changuinola and Bonyic) and the absence of adequate measures to mitigate for biodiversity loss, and requests the State Party of Panama to implement mitigation measures and put in place an effective and long-term monitoring programme to measure the extent to which these measures are effective;

7.  Also notes with concern the social conflicts related to the hydroelectric dams in both countries, which complicates governance of the wider region and multiplies the direct threats originating from the economic development projects;

8.  Also requests the States Parties to implement other recommendations of the 2013 IUCN reactive monitoring mission, in particular:

a)  Not permit any further development of hydro-energy projects, mining or road construction within or directly adjacent to the property, particularly in neighbouring protected areas and indigenous territories,

b)  Ensure that any further planned economic development that could potentially negatively affect the property be subjected to independent Environmental Impact Assessments (EIAs) that include a specific assessment of impacts on the OUV of the property and counts with all elements of due process to achieve Free, Prior and Informed Consent by indigenous peoples having territorial rights in the affected lands,

c)  Guarantee the long term integrity of complete unaffected watersheds (from source to sea), which form part of the property at altitudes below 1,200 metres, to preserve aquatic ecosystems therein,

d)  Harmonize the management plans of the protected areas that constitute the property within the framework of one overarching management plan,

e)  Compile and monitor field data on the present state of human activities, including intensity of cattle grazing and impact on OUV, extent of illicit crop cultivation within and directly adjacent to the park, including number of hectares affected, number of families making use of resources within the property, and nature and extent of overland pathways / trails present,

f) Continue to increase the number of park staff and include indigenous peoples and local farmers within park monitoring efforts to ensure integration of key stakeholders to the conservation agenda;

Further requests the States Parties to submit to the World Heritage Centre, by 1 February 2015 , a joint report on the state of conservation of the property, including a report on progress with the implementation of the above recommendations, for examination by the World Heritage Committee at its 39th session in 2015