On 25 August 2024, two anonymous Nepalese organisations filed a complaint against Visa Facilitation Services (VFS) Global with the National Contact Point (NCP) for Responsible Business Conduct within the State Secretariat of Economic Affairs of the Government of Switzerland. The complaint concerns the activities of VFS Global in Kathmandu, Nepal, related to its involvement with the Chhaya Center business complex (also known as Chhaya Devi Complex) in violation of the OECD Guidelines for Multinational Enterprises.
VFS Global is the world’s largest visa outsourcing and technology services specialist for governments and diplomatic missions worldwide. Its operations in Kathmandu are based in Thamel, specifically within the premises of the Chhaya Center, a large business complex. As per the complaint, VFS Global occupies a significant area in the Center, which makes it an important source of revenue for the complex. The construction of the business complex has been associated with human rights violations against the indigenous Newar community, particularly the local Pradhan Newars of Thamel, as it was built on land connected to communal Guthi (trust) lands, which are traditionally owned by the Pradhans and used for religious and cultural purposes. Legal disputes and protests have arisen over the legitimacy of this land’s conversion to private ownership, with ongoing court cases for decades and currently subjudice at Nepal’s Supreme Court since 2014. Activists associated with the complainants have also faced threats and harassment due to their opposition to the Center’s construction.
The Complaint alleges failures by VFS Global to conduct effective human rights due diligence for its involvement in the Complex and associated human rights impacts on the indigenous Newar community through its continued operations in the Complex. While the local Pradhans and cultural and rights activists have constantly opposed the construction of the Complex at various national authorities and even with the UN mechanisms, the lead activist has been continuously facing retaliations due to his legitimate activism against the Chhaya Devi Complex.
The complainants are seeking mediation so that: (1) VFS Global acknowledges its link to human rights abuses against the Pradhan Newar community through its association with the Complex; (2) VFS Global uses its influence to change harmful practices at the Complex, including through temporary or permanent suspension of its relationship with the Complex, and ensure respect for international human rights standards in consultation with the affected community; and (3) the company protects those who might be facing potential concerns retaliation.
The complainants have not disclosed the full complaint document in accordance with the NCP’s confidentiality requirements.
For more information about the campaign, see the timeline here.
Adapted from information on the OECD Watch database available here.