Case Law

The World Heritage Committee,

1. Having examined Document WHC/16/40.COM/7B,
2. Recalling Decisions 37 COM 8B.11 and 38 COM 8B.7, adopted at its 37th (Phnom Penh, 2013) and 38th (Doha, 2014) sessions, respectively,
3. Welcomes the further progress made by the State Party as regards the intended expansion of the property, in particular the decision to incorporate Khirganga National Park within the property in the future, and encourages the State Party to continue the plan for progressive expansion, with the technical support of the World Heritage Centre and IUCN as required, and taking into account the findings of the regional comparative study; and to submit its proposals to the World Heritage Centre, in the format of a new Nomination for examination by the Committee;
4. Also welcomes the progress achieved by the State Party in working with local communities and indigenous peoples, and also encourages further local consultation and involvement in decision-making to find mutually acceptable ways to resolve any ongoing resource use conflicts, while respecting any rights of use, and on the basis of an accurate assessment of impacts from resource use (in particular grazing and collection of medicinal plants) on the Outstanding Universal Value of the property;
5. Requests the State Party to re-consider the possibility of notification of Tirthan Wildlife Sanctuary as a national park;
6. Also requests the State Party to fully consider and address the management deficiencies identified in the recently published national level Management Effectiveness Assessment exercise, which took place from 2006 to 2014, in particular:
   1. Regulate the transit of livestock through the property,
   2. Conclude the process to recognise the rights of local communities in Jiwanal Valley,
   3. Consolidate the management of the Parwati Valley,
   4. Address human-wildlife conflicts,
   5. Ensure adequate levels of staffing, equipment and training for patrolling in high-altitude terrain;
7. Further welcomes the State Party’s commitment to contribute to a regional comparative study to assess the scope of ecosystems within the Himalayas and adjacent mountain regions with a view to identifying potential World Heritage candidate areas and boundary configurations in this region, including potential serial nominations / extensions, as recommended by the Committee, and recommends that the State Party consult with other relevant States Parties from the region, as well as with IUCN and other partners as required;
8. Further requests the State Party to submit to the World Heritage Centre, by 1 December 2018, 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.

1. Having examined Document WHC-15/39.COM/7A,
2. Recalling Decision 38 COM 7A.32, adopted at its 38th session (Doha, 2014),
3. Highly commends the efforts made by the State Party in the implementation of the corrective measures and considers that the State Party has achieved compliance with the indicators set for the Desired state of conservation for the removal of the property from the List of World Heritage in Danger (DSOCR);
4. Decides to remove Los Katíos National Park (Colombia) from the List of World Heritage in Danger;
5. Endorses the recommendations expressed by the Reactive Monitoring mission;
6. Welcomes important support and cooperation by other States Parties and multilateral organizations and encourages additional support and cooperation;
7. Notes, however, that the property continues to be vulnerable, and urges the State Party to:

   1. Further consolidate efforts to improve the security situation and ensure law enforcement across the property,
   2. Consolidate communication and cooperation with resource-dependent communities in and around the property and consider additional specialized staff to this effect,
   3. Consolidate the participatory monitoring and management of the fisheries and other freshwater biodiversity resources within and beyond the property building upon existing partnerships,
   4. Further consolidate the integration of the property into broader landscape management and land use planning, including the analysis of various conceivable scenarios to formalize or otherwise strengthen buffer zones,
   5. Make a clear commitment to the long-term securing of adequate funding, management and staffing levels in order to ensure adequate follow-up to the removal of the property from the List of World Heritage in Danger;
8. Takes note of the progress on coordination with Community Councils in the areas surrounding the property and invites the State Party to finalize the definition of the property’s buffer zone and submit it to the World Heritage Centre as a minor boundary modification according to paragraphs 163-165 of the Operational Guidelines;
9. Reiterates its request to the States Parties of Colombia and Panama to ensure that the Environmental and Social Impact Assessment (ESIA) of the electricity transmission corridor include a specific assessment of potential impacts on the Outstanding Universal Value of Los Katíos National Park (Colombia) and Darien National Park (Panama), in line with IUCN’s World Heritage Advice Note on Environmental Assessment, and to submit the results of the ESIA to the World Heritage Centre as soon as they are available, in line with Paragraph 172 of the Operational Guidelines;
10. Also encourages the State Party to:

    1. Remove the artificial connection between the Leon and Atrato Rivers through the freshwater lagoon system in the property,
    2. Consider the feasibility of extending the property so as to include the Serrania del Darien National Protection Forest Reserve and possibly other areas,
    3. Further consolidate coordination and cooperation with the neighboring State Party of Panama with the eventual vision to consider the possible formalization of a transboundary World Heritage property,
    4. Document and share the experience of the indigenous community within the property as a valuable case study;
11. Requests the State Party to submit to the World Heritage Centre, by 1 December 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 41st session in 2017.

The World Heritage Committee,

1. Having examined Document WHC-10/34.COM/7B,

2. Recalling Decisions 31 COM 7B.5 and 33 COM 7B.1, adopted respectively at its 31st (Christchurch, 2007) and 33rd (Seville, 2009) sessions,

3. Expresses its deep concern as regards the conclusions of the World Heritage Centre/IUCN mission that considers that the Outstanding Universal Value of the property is threatened by a progressive erosion of its biodiversity due to increased poaching, as well as by the negative impact of the commencement of mining activities of the GEOVIC Company, the development of forestry exploitation, and the encroachment of agriculture around the property;

4. Considers that in the absence of an urgent and decisive response in the face of these threats, it is certain that the property could meet the criteria for inscription on the List of World Heritage in Danger in accordance with Paragraph 180 of the Operational Guidelines;

5. Requests the State Party to review the Environmental and Social Impact Study (ESIS) based on the final technical feasibility study prepared by the GEOVIC Company, and to submit an Environmental and Social Management Plan to mitigate the direct and indirect negative impacts of the mining project;

6. Calls upon the international community to assist the State Party with the review of the Environmental and Social Impact Study (ESIS);

7. Urges the State Party to suspend the implantation work for the GEOVIC mining activity until the conclusion of the new ESIS and also requests the State Party to control the validation of these documents by the different stakeholders and to inform the World Heritage Centre by 1 December 2010;

8. Further requests the State Party to develop and implement an emergency plan before the 36th session of the World Heritage Committee, based on the management plan with the following objectives:

a) Improve the operational organization of the Reserve and strengthen the supervisory and surveillance personnel,

b) Focus the management of the property on the Outstanding Universal Value and establish a systematic monitoring mechanism on the pressures and threats,

c) Strengthen the controlling power of the ecoguards and limit the traditional use of natural resources by the local populations,

d) Strengthen the level of protection in the Reserve by transforming it, if possible, into a national park and taking into account its uses by the indigenous populations,

e) Reenergize the consultation frameworks with the local NGOs and other concerned stakeholders,

f) Clearly re-establish the boundaries of the property based on controllable axes such as the Dja River, or the recognized circulation routes,

g) Propose a suitable budget for the implementation of these priorities,

h) Define a monitoring-evaluation framework that includes pertinent indicators on wildlife and ensure the collection of historic and updated data;

9. Requests furthermore the State Party to invite a joint World Heritage Centre/IUCN monitoring mission to the property in 2011 to evaluate the implementation of the recommendations of the 2009 mission and the progression of the threats, notably the mining and industrial agriculture projects;

10. Requests moreover the State Party to submit to the World Heritage Centre, by 1 February 2011, a report on the state of conservation of the property, and on the steps taken for the implementation of the recommendations of the 2009 World Heritage Centre/IUCN mission, for examination by the World Heritage Committee at its 35th session in 2011, with a view, in the absence of substantial progress, to considering the possible inscription of the property on the List of World Heritage in Danger.