In response to a specific instance (complaint) filed with the National Contact Point for Responsible Business Conduct (NCP) of Switzerland under the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct against the Visa Facilitation Services (VFS) Global, the VFS on 9 December has reportedly informed the Swiss NCP in written that it has decided not to extend the lease and to relocate as soon as possible from the premises at the Chhaya Center business complex in Kathmandu’s tourist district of Thamel.
On 18 December, the Swiss NCP published its report on the initial assessment on the complaint submitted by two individuals from Nepal. Thereby, it has accepted the complaint and offered its good offices for mediation between the complainants and the VFS. As per the assessment, should the VFS’ lease contract come to an end and it would relocate from the Chhaya Center, the basis for mediation on forward looking issues such as using VFS’ leverage would no longer exist and the complaint would be closed.
The complaint filed in August relates to the involvement of the VFS with the Chhaya Center built by encroaching communal Guthi (trust) lands holding a sacred pond and surrounding areas, 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 the VFS to conduct effective human rights due diligence for its involvement in the Chhaya Center and associated human rights impacts on the indigenous Newar community through its continued operations in the Center. The complainants seek that: (1) the VFS acknowledges its link to human rights abuses against the Pradhan Newar community through its association with the Chhaya Center; (2) the VFS uses its influence to change harmful practices at the Complex, including through temporary or permanent suspension of its relationship with the Chhaya Center, and ensure respect for international human rights standards in consultation with the affected community; and (3) the VFS protects those who might be facing potential concerns retaliation.
Click here to read the full report of the Swiss NCP.
Click here for more details on the case on the website of the Swiss NCP.
A similar complaint was filed at the US NCP within the US State Department in August 2023 against another multinational company – Marriott International, whose franchise Aloft Kathmandu is operational at Chhaya Center. The complaint is under consideration of the US NCP.
For more information about the campaign to restore the sacred pond, see the timeline here.