Case Law - Human rights abuses

Decision: 44 COM 7B.188

The World Heritage Committee,

1. Having examined Document WHC/21/44.COM/7B.Add,
2. Recalling Decision 43 COM 7B.11, adopted at its 43rd session (Baku, 2019),
3. Welcomes the ongoing efforts to combat rhinoceros poaching, but notes with concern the recent poaching of four rhinoceros as a result of the COVID-19 pandemic impacts on surveillance and urges the State Party to actively continue its efforts to address poaching and illegal trafficking;
4. Also welcomes the continued confirmation by the State Party that the alternative alignment of the East-West Electrified Railroad will be located outside the property, and that Environmental Impact Assessments (EIA) will be completed, requests the State Party to provide a detailed map of the alignment when it is available, and reiterates its request that the State Party ensure that all potential impacts on the Outstanding Universal Value (OUV) of the property are fully assessed by the EIA, in line with the IUCN Advice Note on Environmental Assessments;
5. Further welcomes the confirmation that the recommendations of the 2016 IUCN Reactive Monitoring mission regarding the Thori-Madi-Bharatpur road have also been implemented outside the property, and also requests the State Party to continue this implementation in line with the mission recommendations;
6. Reiterates its concern that other infrastructure projects continue to pose a threat to the property, including the proposed Terai Hulaki Highway, the China-India Trade Links of Province-3 (now Bagmati Province) and Province-4 (now Gandaki Province), the Madi-Balmiki Ashram road and the Malekhu-Thori road; acknowledges the decision to halt the construction of a seven-kilometer stretch of the proposed alignment of the Terai Hulaki Highway that would cross the buffer zone and further requests the State Party to confirm that any potential impact of the highway on the OUV of the property has been appropriately assessed before taking any decision to proceed;
7. Also notes that no decision has been taken regarding the China-India Trade Links of Province-3 (now Bagmati Province) and Province-4 (now Gandaki Province), the Madi-Balmiki Ashram road and the Malekhu-Thori road and also reiterates its request to the State Party not to approve any other new roads or the reopening/upgrading of old roads passing through the property;
8. Reiterates its position that, if any of the aforementioned road and railway developments was to proceed through the property, it would represent a potential danger to the OUV of the property, in accordance with Paragraph 180 of the Operational Guidelines, and thus form a clear basis for the inscription of the property on the List of World Heritage in Danger;
9. Also recalling its request to the State Party to provide clarification regarding the report that Gajendra Dham is no longer located within the boundaries of Chitwan National Park, following a revision of boundaries in 2016 and its demarcation on the ground, also notes with concern the reported transfer of 1.818 ha from the Gajendra Mokchhya Dham of Tribeni into the buffer zone and of 2,063 ha from the Padampur site in the buffer zone into the national park, and further recalling that any proposed change to the boundaries of a property must first be submitted to the World Heritage Centre through a boundary modification process in line with Paragraphs 163-165 of the Operational Guidelines, requests furthermore the State Party to:
   1. Provide detailed information on the legal protection status of the property, including provisions for visitor management at Gajendra Dham, and the implementation of the recommendations of the 2016 mission, and notably to develop, in collaboration with the Chitwan National Park Office and the responsible authorities at Gajendra Dham, develop a management plan for Gajendra Dham which should include:
      1. An appropriate zonation scheme to set aside areas for spiritual practices and for nature conservation,
      2. Appropriate limits on any further construction of facilities, beyond the normal maintenance works, and
      3. Adequate measures to minimize impacts from the large number of pilgrims visiting the site annually, including a waste management plan and provisions to allow only daytime ritual activities under the observation of the Chitwan National Park Office,
   2. Submit a proposal for a boundary modification to the World Heritage Centre in line with the Operational Guidelines, if it wishes to amend the boundaries of the property;
10. Notes with concern the alleged human rights abuses related to Chitwan National Park raised by UNESCO and through the Independent Panel report on human rights commissioned by the World Wildlife Fund International, and requests moreover the State Party to provide a full response regarding its considerations of the findings of this report and to implement actions to address the issues raised, in conformity with relevant international norms and the 2015 Policy Document for the Integration of a Sustainable Development Perspective into the Processes of the World Heritage Convention;
11. Finally requests the State Party to submit to the World Heritage Centre, by 1 December 2022, 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 46th session.

The World Heritage Committee,

1. Having examined Document WHC-11/35.COM/INF.7C,

2. Recalling Decision 32 COM 10 adopted at its 32nd session (Quebec City, 2008), Decision 33 COM 14A.2 adopted at its 33rd session (Seville, 2009), 34 COM 12 adopted at its 34th session (Brasilia, 2010) and Resolution 17 GA 9 adopted at the 17th General Assembly of States Parties (UNESCO Headquarters, 2009),

3. Expresses its appreciation to the States Parties of Australia and Senegal and the UNESCO World Heritage Centre for organising the expert meeting on global state of conservation challenges of World Heritage properties (Dakar, Senegal, 13-15 April 2011);

4. Notes the report provided by the participants at the above-mentioned expert meeting;

5. Invites contributions of relevant expertise and financial resources to assist States Parties implement decisions on the state of conservation of World Heritage properties;

6. Reiterates that nominations of properties for inscription on the World Heritage List must demonstrate Outstanding Universal Value in line with the criteria for inscription and comply with integrity/authenticity, protection and management requirements, as set out in the Operational Guidelines;

7. Requests the World Heritage Centre and the Advisory Bodies to develop guidance, for consideration at the 36th session of the World Heritage Committee, to clarify:

a) The uses, limits and documentation requirements for traditional management (paragraphs 108 and following),

b) The need for Environmental Impact Assessments/Heritage Impact Assessments of potential developments' impact on Outstanding Universal Value, the range of proposed activities with a likely impact on Outstanding Universal Value to be reported on and the documentation required by the World Heritage Centre (Paragraph 172), and

c) Buffer zones or other protection mechanisms, noting the recommendations contained in document WHC-08/32.COM/7.1;

8. Requests that aspects concerning partnerships should be dealt with after the report of the external auditor on PACT at the 18th General Assembly of States Parties;

9. Requests the World Heritage Centre and the Advisory Bodies to develop options to strengthen and improve the state of conservation reporting process, in particular  to increase dialogue with States Parties about World Heritage properties facing challenges;

10. Also requests the World Heritage Centre to formally notify States Parties of the state of conservation reports on World Heritage properties on their territory which will be the subject of examination by the Committee at the session indicated;

11. Also requests the World Heritage Centre to report at the 36th session of the World Heritage Committee on possible ways to encourage United Nations recognition for the protectors of World Heritage properties in conflict and post conflict zones, including through the use of blue/green berets or other appropriate insignia, and reminds States Parties to include details of Disaster Risk Reduction/Emergency Planning arrangements in their nomination dossiers and management plans;

12. Further requests the World Heritage Centre, in collaboration with the Advisory Bodies, in addition to the presentation of state of conservation reports on individual properties, to prepare a thematic report on significant global and regional factors negatively impacting the Outstanding Universal Value of the properties, grouped according to the five categories of factors affecting the Outstanding Universal Value identified in the Periodic Report questionnaire, Section II, to ensure a greater coherence in the decision making on individual sites;

13. Requests the World Heritage Centre and the Advisory Bodies to provide, in the state of conservation reports on individual properties, a link to an integrated online database compiling all relevant background information concerning the property (previous state of conservation reports and Committee decisions, desired state of conservation, corrective measures, International Assistance requests, etc.) necessary for well-informed decision-making, to be hosted on the World Heritage Centre's website;

14. Also requests the Advisory Bodies to develop a database of existing guidance on key factors negatively impacting on the Outstanding Universal Value of World Heritage properties and tools for best management practice;

15. Recalling that being a signatory to the World Heritage Convention entails certain responsibilities, including a requirement to follow the Operational Guidelines, management of World Heritage properties according to the highest international standards, promotion of good governance and allocation of adequate funding for the protection of World Heritage properties, encourages States Parties to:

a) Develop adequate legislative frameworks to ensure compliance with the Operational Guidelines and set up a collaborative framework between agencies for the conservation of properties, including agencies in charge of the follow up of other conventions and international agreements,

b) Source assistance and support beyond what is available under the UNESCO World Heritage Fund, noting that tools, methodology and guidance are available both internationally and nationally from the Advisory Bodies and the World Heritage Centre and additional support should be sought from other donors, NGOs and international organizations,

c) Be proactive in relation to development and conservation of World Heritage properties by conducting a Strategic Environmental Assessment (SEA) at the time of nomination to anticipate the impact of any potential development on the Outstanding Universal Value,

d) Ensure that EIA/HIA are conducted for development projects which could affect properties and that these specifically assess the impact on the Outstanding Universal Value of properties,

e) Involve indigenous peoples and local communities in decision making, monitoring and evaluation of the state of conservation of the properties and their Outstanding Universal Value and link the direct community benefits to protection outcomes,

f) Respect the rights of indigenous peoples when nominating, managing and reporting on World Heritage sites in indigenous peoples' territories;

g) Establish and promote horizontal cooperation and understanding among various institutions that have an impact on cultural and natural heritage, also including governmental institutions responsible for UNESCO programmes implementation on national level, economy, finance, regional development/ planning, tourism, social welfare as well as local authorities,

h) Follow the Recommendation concerning the Protection, at National Level, of the Cultural and Natural Heritage, adopted simultaneously with the World Heritage Convention, by the General Conference of UNESCO on 16 November 1972.

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/21/44.COM/7B.Add,
2. Recalling Decision 43 COM 7B.30, adopted at its 43^rd session (Baku, 2019),
3. Welcomes the efforts made by the States Parties and their partners with a view to improving management efficiency through the consolidation of transboundary cooperation, the updating of the development plans for the components of the property, the harmonization of management and surveillance tools, capacity building of surveillance teams as well as monitoring of legal proceedings;
4. Warmly welcomes the continuation of dialogue with indigenous and local populations, the training of personnel responsible for the application of the law in the issues of human rights and the rights of indigenous peoples, the establishment of several legal and operational provisions. for the recognition of their rights as well as their involvement in the management of the property, and taking note of the concerns raised in the independent review of human rights issues launched by WWF International, requests the States Parties to ensure that any concerns are addressed in accordance with relevant international standards, the World Heritage and Sustainable Development Policy, and taking into account the recommendations of the independent review;
5. Notes with concern the decrease in patrol efforts due in part to the impact of the COVID-19 pandemic and the persistence of illegal activities, including poaching, gold panning and illegal logging, and also requests the States Parties to continue current efforts to protect mammal species, to strengthen its actions to eliminate any illegal activity within the property and to ensure the ecological restoration of degraded sites;
6. Further requests the States Parties to harmonize the census of animal populations in order to obtain, in accordance with the scale of the property, precise and comparable data over time on the characteristic species of Outstanding Universal Value (OUV);
7. Also welcomes the decision of the non-renewal of the three mining permits by the State Party of Cameroon in the buffer zone, expresses its concern with regard to the reported creation, with the support of the United States Agency for International Development (USAID), of an artisanal mining area near the property in the Central African Republic, and while noting the clarification from the Embassy of the United States of America that the project is located outside the buffer zone of the property and aims to reduce the pressure on the protected areas, further requests the State Party of the Central African Republic to urgently clarify the potential impacts of this project on the OUV of the property;
8. Recalls its established position on the fact that oil and gas exploration and / or exploitation are incompatible with World Heritage status, a policy supported by the commitments made by industry leaders, such as Shell and Total, not to undertake such activities at World Heritage properties, and also urges the State Party of Congo to immediately cancel any petroleum permits that would encroach on the property;
9. Notes the status quo of the development project of the waterway for navigation on the Sangha and further requests the States Parties not to undertake this activity without a full Environmental Impact Assessment (EIA) being carried out in accordance with the IUCN World Heritage Advice Note: Environmental Assessment, and submitted to the World Heritage Committee before any project approval;
10. Regrets that the States Parties have not provided any information concerning the EIA of the Ouesso-Bangui road and the state of progress of the said project, and reiterates its request to the States Parties to ensure that the construction of the road does not begin until the EIA is completed and submitted to the World Heritage Centre for review by IUCN;
11. Also welcomes the commitment of the States Parties to define strategic guidelines to minimize the effects of forestry activities on ecological connectivity and encourages the States Parties to promote certification that minimizes the impacts on biodiversity of all forest concessions in the area;
12. Reiterates its deep concern regarding the potential impacts on the OUV of the property by the two concessions in the buffer zone in the Central African Republic, and further requests the State Party of the Central African Republic to submit to the World Heritage Committee EIAs evaluating adequately the potential impacts of concessions for consideration, in accordance with IUCN World Heritage Advice Note: Environmental Assessment, and to prioritize certification of the two concessions;
13. Also requests the States Parties to continue to implement all the recommendations of the 2016 reactive monitoring mission;
14. Finally requests the States Parties to submit to the World Heritage Centre, by 1 December 2022, 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 46th session.