On 30 March 2021, UN experts sent a letter to the Government of Nepal regarding alleged violations of the rights of indigenous Newar peoples over their lands, resources and over the loss of religious and cultural sites in the context of the construction of the Terai/Madhesh FastTrack Expressway and the construction of the Chhaya Center business complex in the tourist district of Thamel in Kathmandu.

The Working Group on the issue of human rights and transnational corporations and other business enterprises; and three Special Rapporteurs on adequate housing as a component of the right to an adequate standard of living, on the situation of human rights defenders and on the rights of indigenous peoples of the UN had sent the letter requesting a response from the government. However, the government has disgracefully ignored the letter and not sent any reply even within the period of 60 days as provided in the letter.

The allegation letter is available at the link https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=26282.

In the letter, the UN experts have conveyed that Newar communities in Khokana and Bungamati reportedly face threats of displacement and forced eviction from their lands due to the construction of the Terai/Madhesh Fast Track Expressway project (among other infrastructure projects in the area). The Fast Track Expressway project began in 2006 with funding from the Asian Development Bank (ADB) and is being built by the Nepal Army despite the absence of meaningful consultation or consent from the Newars. The affected communities have also challenged the construction in Nepal’s Supreme Court.

At the same time, a private company has built the Chhaya Center – the largest business complex of its kind on a historical pond and surrounding lands owned and used by local Pradhan Newars. The construction was completed in 2018 despite legal challenges against it in Nepal’s Supreme Court, which is still ongoing. The complex includes an Aloft Marriott hotel, whose headquarters are domiciled in the USA. 

As stated in the letter, “Delays in administrative and judicial proceedings to formally recognize the land rights of the Newars pose further threats of irreparable harm to their way of life. Constructions have occurred in the absence of consultation with the affected indigenous peoples who have experienced threats and violence for engaging in peaceful protests against the projects.” 

The UN experts have stated that they are particularly disturbed by the reports indicating threats of evictions of Newars from their traditional lands and territories, the lack of good faith consultations, and the failure to obtain free prior and informed consent. They have expressed grave concern about the significant and irreversible damage that the Fast Track Expressway and the Chhaya Center pose to the Newars lands, resources, culture, religion, and livelihoods, and the police response to the Newars defending their lands appears, which restricts their peaceful and legitimate work in defending their human rights. 

They requested information from the government on any consultation processes undertaken with the Newar indigenous communities prior to the approval of the construction of the projects, and whether their free, prior and informed consent was sought, particularly concerning potential relocation and social, cultural and environmental impacts, as well as on the status of the above-mentioned litigation processes before the Supreme Court of Nepal, among other matters.

For more information, see the links below:-

On Fast Track Expressway, https://cemsoj.wordpress.com/tag/fast-track-highway/

On Chhaya Center, https://cemsoj.wordpress.com/tag/chhaya-center/