Case Law - Armed conflicts

Note: the following report on the World Heritage properties of the Democratic Republic of the Congo (DRC) needs to be read in conjunction with Item 52.

The World Heritage Committee,

1. Having examined Document WHC/18/42.COM/7A.Add,
2. Recalling Decision 41 COM 7A.11, adopted at its 41st session (Krakow, 2017),
3. Addresses its most sincere condolences to the families of the guards killed in the exercise of their functions and to all the staff of the Congolese Institute for Nature Conservation (ICCN);
4. Commends the efforts of ICCN in reinforcing surveillance, notably through the increase in the number of guards, but expresses its utmost concern as to persistent insecurity in certain sectors of the property that has led to continuing illegal activities by armed groups (poaching, illegal fishing and production of charcoal) threatening the safety of staff that resulted to halt tourism and call upon the international community to provide financial support to the property;
5. Expresses its concern in the face of serious threats that continue to affect the Outstanding Universal Value (OUV) of the property, in particular encroachment by illegal implantations, illegal fishing, exploitation of wood and poaching, and requests the State Party to continue these efforts in the implementation of the corrective measures;
6. Recalls that the re-establishment of law and order and ICCN authority is the sine qua non to improve security conditions, regain control of the occupied areas and call a halt to illegal exploitation of the natural resources of the property;
7. Congratulates the State Party for the sustainable development activities established in the framework of the Alliance Virunga to improve the life of local communities and encourages it to continue this innovative model combining nature conservation and sustainable development;
8. Expresses its deepest concern as regards the proposal of the Ministry of Hydrocarbons to modify the boundaries of the property to authorize petroleum exploitation activities, reiterates its request to the State Party not to attribute petroleum exploration permits in Virunga National Park and reiterates again its position according to which all mining, petroleum and gas exploration and exploitation is incompatible with World Heritage status, policy supported by the commitments undertaken by the leaders of industry, such as Shell and Total, not to engage in such activities in World Heritage properties;
9. Takes note of the recommendations done by the 2018 joint World Heritage Centre/IUCN Reactive Monitoring mission, and also requests the State Party to implement the corrective measures, as updated by the mission, by 2023, as follows:
   1. Reaffirm and re-establish ICCN authority as the principal national authority within the Park territory and ensure cooperation with the other competent authorities, including the Armed Forces and legal authorities, to guarantee the efficacy of its actions,
   2. Continue to re-establish law and order enforcement by neutralizing the action of armed groups and contain their hold on the civilian populations and the illegal exploitation of natural resources,
   3. Encourage transborder operational activities with Uganda to ensure the protection and circulation of itinerant species, such as the elephant,
   4. Fight against the illegal traffic of charcoal organized from the Park, and promote alternative energies to satisfy the domestic and economic needs of the local populations,
   5. Combat illegal encroachment by reaffirming the Park boundaries, halting agricultural activities inside the Park, and promoting economic development in its periphery,
   6. Ensure protection of the fishery resources and the ecosystems of Lake Edward by combating illegal fishing, re-establishing governance of the property and promoting sustainable fish exploitation beneficial to the local communities,
   7. Continue the anti-poaching combat that feeds international traffickers and the local bush meat commerce,
   8. No attribution of petroleum exploitation concessions to be granted within the property,
   9. Pursue and strengthen implementation of the “Alliance Virunga” programme as a leverage for development and pacification for the benefit of local populations through eco-tourism, renewable energy and sustainable agriculture,
   10. Pursue efforts to ensure the professional and long-term management of the property by providing technical and financial means to the management authority to attain this objective;
10. Further requests the State Party to submit to the World Heritage Centre, by 1 February 2019, an updated report on the state of conservation of the property and the implementation of the above, for examination by the World Heritage Committee at its 43rd session in 2019;
11. Decides to continue to apply the Reinforced Monitoring Mechanism for the property;
12. 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/18/42.COM/7A.Add,
2. Recalling Decision 41 COM 7A.12, adopted at its 41st session (Krakow, 2017) and reaffirming the need to implement the Kinshasa Declaration adopted in 2011,
3. Expresses its concern regarding continued insecurity in and around the properties located in the eastern part of the Democratic Republic of the Congo (DRC), condemns the violence perpetrated against the guards and the staff of the Congolese Institute for Nature Conservation (ICCN), killed in the line of duty, and addresses its most sincere condolences to their families and all the ICCN staff;
4. Regrets the delay experienced in the establishment of the Corps responsible for the security of the National Parks and relevant protected areas (CorPPN) and requests the State Party to provide, without delay, financial means to enable the deployment of contingents in the sites to render them secure and combat the different armed groups;
5. Expresses its utmost concern as regards the attribution of blocks for oil exploration in the Central Basin of the DRC, that covers several sectors of Salonga National Park, reiterates with insistence its request to the State Party to cancel these concessions and to undertake a commitment not to authorize any new oil exploration and exploitation within the boundaries of the property, and reiterates its position according to which all oil and gas exploration and exploitation is incompatible with World Heritage status;
6. Expresses its deep concern again as to the proposal by the Ministry of Hydrocarbons of degazettement at the national level of one or several zones of Salonga and Virunga National Parks to authorize petroleum exploration activities and recalls that modifications made to the boundaries of World Heritage properties relating to extractive industries must be carried out in conformity with the procedures applied to major modifications of boundaries set out in Paragraph 165 of the Operational Guidelines, taking account of the potential impact of such projects on the Outstanding Universal Value (OUV);
7. Also recalls that any proposal for modification to the boundaries of a World Heritage property must be based on strengthening its OUV and should not be proposed with the aim of facilitating extractive activities;
8. Commends the efforts of the State Party to make operational the Trust Fund for protected areas in the DRC, namely the « Okapi Funds for Conservation – FOCON », and also requests the State Party, as well as the donor community, to provide it with adequate financial means to respond to the needs of the protected areas and the World Heritage properties of the DRC;
9. Further requests the State Party to submit to the World Heritage Centre, by 1 December 2019, a detailed report on the implementation of the Kinshasa Declaration, the security situation in the properties, and the status of the oil exploration and exploitation concessions that encroach on World Heritage properties, for examination by the World Heritage Committee at its 44th session in 2020.

1. Having examined Document WHC-15/39.COM/7A,
2. Recalling Decision 38 COM 7A.39 adopted at its 38th session (Doha, 2014),
3. Expresses its utmost concern about the renewed poaching crisis which erupted in April 2014 and which led to the poaching of at least 164 elephants and three Congo giraffes and expresses its most sincere condolences to the family of the guard killed in operations for the protection of the property;
4. Notes with great concern that the probable extinction of the Northern White Rhino in the property and the continued erosion of the populations of other wildlife species, in particular the loss of more than 90% of the elephant population and the continued decline of the relict population of Congolese giraffe, if not halted soon, could lead to an irreversible loss of the Outstanding Universal Value (OUV) of the property;
5. Requests the State Party to cooperate with other States Parties and international technical organizations, such as IUCN, to outline a population recovery plan and call for support of the international community in addressing the loss of endangered species;
6. Commends the State Party, in particular the Congolese Nature Conservation Institute (ICCN) and the African Parks Foundation, for their efforts to strengthen anti-poaching efforts to address this crisis, by reorganizing anti-poaching operations, bringing in additional field equipment and a helicopter to enable better aerial support for anti-poaching activities and urges the State Party to give the utmost priority to halting the poaching crisis;
7. Welcomes the increased cooperation with the Congolese Army (FARDC), United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) and the US Africa Command (AFRICOM) to restore security in the region, control the armed groups, stop cross-border incursions and address the poaching crisis;
8. Also expresses its utmost concern about continued reports of the use of helicopters and the alleged involvement of elements of the army in elephant poaching in the property;
9. Invites the Director-General of UNESCO to call on the State Party as well as neighbouring States, in particular Uganda and South Sudan, to ensure that military operations in the region do not impact on the OUV of the property and to organize in cooperation with MONUSCO a high-level meeting between the Democratic Republic of the Congo, Uganda and South Sudan and other potential stakeholders on how to improve security in the region and address the poaching issue;
10. Further expresses its concern about the increased pressure on the hunting areas adjacent to the property, in particular from artisanal mining, and reiterates its request to the State Party to develop a conservation strategy for the hunting areas so that they can act as buffer zones, given their importance for the conservation of the OUV of the property, including the conditions of integrity;
11. Also urges the State Party to continue its efforts to implement the corrective measures to rehabilitate the OUV of the property;
12. Also reiterates its request to the State Party to invite a joint World Heritage Centre / IUCN Reactive Monitoring mission to the property to re-asses its state of conservation, to update the corrective measures and establish a new timeframe for their implementation and to finalize the Desired state of conservation for the removal of the property from the List of World Heritage in Danger;
13. Requests 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, for examination by the World Heritage Committee at its 40th session in 2016;
14. Decides to continue the application of the Reinforced Monitoring Mechanism of the property;
15. Also decides to retain the Garamba National Park (Democratic Republic of the Congo) on the List of World Heritage in Danger.

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/7A,

2. Recalls Decision 35 COM 7A.5, adopted at its 35th session (UNESCO, 2011),

3. Welcomes with satisfaction the important progress reported by the State Party in the implementation of some corrective measures, notably the evacuation of the armed groups from the property and the increase in the area of surveillance, the closure of a large number of artisanal mining operations in the property and the resolution of illegal occupations in Bitale;

4. Notes with concern the absence of progress accomplished concerning the cancellation by the Government of land rights illegally granted in the property by the Land Titles and Cadastre Service as well as the mining concessions encroaching on the property granted by the Mining Cadastre;

5. Strongly urges the State Party to initiate a dialogue at the political level with the services of the State (Ministry responsible for the Cadastre and Land rights, Ministry for Mines, Provincial authorities) to reinforce efforts for the implementation of the updated corrective measures adopted by the World Heritage Committee at its 34th session (Brasilia, 2010), and particularly the immediate cancellation by the Government of land rights illegally granted in the property as well as mining concessions encroaching on the property, in conformity with the commitments undertaken in the Kinshasa Declaration;

6. Takes note of ongoing discussions with concerned populations on the zoning of the property and requests the State Party to ensure that the identified zoning options guarantee the conservation of the Outstanding Universal Value of the property and that they are submitted for consideration to the World Heritage Committee before any final decision is made;

7. Reiterates its request to the State Party to carry out as soon as possible a survey of the main populations of wildlife in the lowland sectors of the property to enable an assessment of the state of the Outstanding Universal Value and establishment of a timetable for the rehabilitation of the property;

8. Also requests the State Party to submit to the World Heritage Centre by 1 February 2013, a report on the state of conservation of the property, including an updated situation of the mining concessions and land rights granted on the territory of the property, progress accomplished in the resolution of the problem of illegal occupation of the ecological corridor and in the implementation of the corrective measures, for examination by the World Heritage Committee at its 37th session in 2013;

9. Decides to maintain the Reinforced monitoring mechanism for the property;

10.  Also decides to retain the Kahuzi-Biega National Park (Democratic Republic of the Congo) on the List of World Heritage in Danger.

The World Heritage Committee,

1. Having examined Document WHC-11/35.COM/7A.Add,

2. Recalling Decision 34 COM 7A.7, adopted at its 34rd session (Brasilia, 2010),

3. Reiterates its concern about the delay in the implementation of the corrective measures established by the World Heritage Committee at its 31st session (Christchurch, 2007), in particular the anti-poaching strategy and the joint operation between the park's management authority (ICCN) and the Congolese Army to remove poachers and armed groups from the property;

4. Regrets that no information was provided on the strategy to minimize and mitigate the impact of villages in the Park, the agreements under discussion with the local communities on the use of the natural resources and the preliminary studies conducted on the establishment of a corridor between the two parts of the property as requested by the World Heritage Committee at its 34th session and urges the State Party to provide this information as soon as possible and before the requested reactive monitoring mission to the property, together with a copy of the draft of a General Management Plan;

5. Reiterates its request to the State Party to reinforce its efforts to implement the corrective measures, and to report on a regular basis on its implementation as part of the Reinforced monitoring mechanism;

6. Requests the State Party to invite a joint World Heritage Centre/IUCN reactive monitoring mission to evaluate the state of conservation of the property and progress achieved in the implementation of the corrective measures, to develop a draft Desired state of conservation for the removal of the property from the List of World Heritage in Danger in cooperation with the State Party, and to update the corrective measures and the timetable for their implementation;

7. Also requests the State Party to submit to the World Heritage Centre, by 1February2012, a detailed report on the state of conservation of the property and progress achieved in the implementation of all the corrective measures, in particular those regarding the organization of a combined anti-poaching operation in cooperation with the Congolese Army (FARDC) to secure the property, and on the implementation of the strategy for anti-poaching, for examination by the World Heritage Committee at its 36th session in 2012;

8. Decides to continue to apply the Reinforced monitoring mechanism;

9. Also decides to retain Salonga National Park (Democratic Republic of the Congo) on the List of World Heritage in Danger.