Complaint filed against VFS Global regarding its involvement with Chhaya Center in Kathmandu with the Swiss government

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.

more “Complaint filed against VFS Global regarding its involvement with Chhaya Center in Kathmandu with the Swiss government”

NEWS RELEASE – Nepal: Retaliations against human rights defenders over Chhaya Center business complex ‘deplorable’, say UN experts

GENEVA (14 May 2024) – UN experts* today expressed concern over reports of ongoing retaliations against human rights defenders because of their opposition to the development of the Chhaya Center retail and entertainment complex in Nepal.

Retaliatory acts against human rights defenders are “deplorable and unacceptable”, the experts said. “The targeting of human rights defenders for the sole exercise of their right to freedom of opinion and expression violates international human rights norms.”

more “NEWS RELEASE – Nepal: Retaliations against human rights defenders over Chhaya Center business complex ‘deplorable’, say UN experts”

Case Study: Tourism and Indigenous Peoples’ Rights in Nepal

Tourism industry plays and can further play a significant role for Nepal’s economy and prosperity, including in terms of environmental conservation. However, the industry has often entrenched marginalization of Indigenous Peoples in the country and resulted in violations of their rights, including in the context of establishment of protected areas, tourism establishments and businesses as well as representation of Indigenous image.

On many occasions, Indigenous Peoples have suffered loss of traditional lands and other violations of their rights in favor of tourism projects, which directly affects their lives and livelihoods. Particularly relevant is the establishment of protected areas, which have been mostly created by displacing Indigenous communities from their lands and resources. Concerningly, Indigenous communities have even been subjected to wide range of abuses, including killings, torture, arbitrary detentions, mistreatment, harassment as well as sexual violence against women at the hands of army, forest rangers and others in the context protected areas set up for environmental conservation and tourism.

Tourism establishments and business have also encroached upon lands and sacred sites of Indigenous communities in various parts of Nepal. Indigenous defenders and activists have faced retaliations and reprisals for raising their voices against violations of their rights and those of their communities in the context of such tourism undertakings, including at the hands of businesses.

more “Case Study: Tourism and Indigenous Peoples’ Rights in Nepal”

Tamakoshi V Hydroelectric Project: Early Warning Case Study

This case study on the Tamakoshi V Hydroelectric Project aims to analyze the impacts of the Project during its early stages of implementation in order to identify potential gaps in the accountability framework for the Project in line with the policies of its financier Asian Infrastructure Investment Bank (AIIB) as well as wider impacts of the Project in the context of cumulative impacts of the cascade dams being built or planned in the Tamakoshi River. Further, the case study seeks to look into the Project to determine if it is in line with the environmental sustainability and fiscal stability of Nepal.

The case study calls for calls for serious reassessment of the Project on the grounds of outdated feasibility study and inadequate information disclosure, lack of participation and consent of the affected communities, and potential cumulative environmental harms, among other concerns. It is based on desk review of the official Project documents, relevant policies of the AIIB and laws and policies of Nepal as well as media, governmental and non-governmental reports on the Project and other associated projects. While CEMSOJ has made initial efforts to reach out to the affected communities of the Project to understand their perspectives of and aspirations with the Project at the ground level, lack of such information gathered so far poses a major limitation for this study . In order to address that, it is planned that this study will later be complemented by field visits to the affected communities.

more “Tamakoshi V Hydroelectric Project: Early Warning Case Study”

Complaint filed against Marriott International regarding its involvement with Chhaya Center in Kathmandu with the United States government

The Campaign to Restore Archaeological Kamalpokhari of Thamel on Monday filed a complaint against Marriott International regarding its involvement with Chhaya Center in Kathmandu with the US National Contact Point (NCP) for the OECD Guidelines within the US Department of State. The Campaign, in the complaint, denounced the abuses to which Marriott International, a leader in the tourism and accommodation sector worldwide, is connected in violation of the OECD Guidelines for Multinational Enterprises through its franchise Aloft Kathmandu Thamel located in the Chhaya Center (also known as Chhaya Devi Complex). The Complex is constructed on communal Guthi (trust) lands – traditionally holding a holy pond and its surrounding structures and lands – of the local indigenous Pradhan Newars following decades of encroachment and unlawful acquisition of those lands.

more “Complaint filed against Marriott International regarding its involvement with Chhaya Center in Kathmandu with the United States government”

AIPNEE and CEMSOJ’s joint submission to the UN Working Group on Business and Human Rights for its forthcoming country visit to Japan

Asia Indigenous Peoples Network on Extractive Industries and Energy (AIPNEE) and Community Empowerment and Social Justice Network (CEMSOJ) made a joint submission to the UN Working Group on Business and Human Rights on Monday for its forthcoming official country visit to Japan. The submission particularly focuses on the roles of Japanese institutions in providing assistance or financing projects that harm Indigenous Peoples in countries across Asia and the lack of accountability of those institutions to remedy such harms. It is based on our experiences of working with Indigenous communities that have faced or are facing human rights impacts due to energy and other projects reportedly or being (co-)financed by the Japan International Cooperation Agency (JICA)[1] and the Japan Bank for International Cooperation (JBIC)[2].

The submission details the challenges that are faced in seeking accountability of these mechanisms and accordingly provides recommendations.

more “AIPNEE and CEMSOJ’s joint submission to the UN Working Group on Business and Human Rights for its forthcoming country visit to Japan”

Joint submission to the UN Special Rapporteur calling attention to the continued concerns of Indigenous Magar and other local communities affected by Tanahu Hydropower Project in western Nepal

Community Empowerment and Social Justice Network (CEMSOJ), Indigenous Women Legal Awareness Group (INWOLAG), International Accountability Project (IAP) and NGO Forum on ADB made a joint submission to the newly appointed UN Special Rapporteur on the Right to Development on Tuesday to draw his attention to the continued concerns of Indigenous Magars and other local communities affected by the Tanahu Hydropower Project in western Nepal and calling for his action to safeguard the rights of the affected communities.

The Asian Development Bank (ADB), the European Investment Bank (EIB), the Japan International Cooperation Agency (JICA) and the Government of Nepal are co-financing the 140 MW reservoir type Project. Since the beginning of the Project, one main concern was the absence of accessible and timely information disclosure. In 2020, affected Indigenous Magar and other local communities submitted various complaints to the independent accountability mechanims of the ADB and the EIB calling for respect of their free, prior and informed consent (FPIC) in the Project decisions affecting them and for land-for-land and house-for-house compensation for the land and houses that will be impacted by the Project, among other demands such as restoration of communal resources such as grazing lands, sacred sites and forests as well as sharing of benefits of the Project. Further, they have also raised concerns about environmental risks posed by the impending inundation of the Project as well as ongoing illegal sand and stone mining on the riverbanks in the inundation area affecting their lands and settlements. Their complaints have results in dispute resolution processes facilitated by the ADB’s Office of the Special Project Facilitator (OSPF) and the EIB-Complaint Mechanim (EIB-CM), which are at various stages.

more “Joint submission to the UN Special Rapporteur calling attention to the continued concerns of Indigenous Magar and other local communities affected by Tanahu Hydropower Project in western Nepal”

CEMSOJ’s comments for the update of the OECD Guidelines for Multinational Enterprises

Read below the CEMSOJ’s submission during the public consultation for the targeted update of the OECD Guidelines for Multinational Enterprises. The submission is based on CEMSOJ’s experience of using, or challenges thereto, the Guidelines while supporting a land rights advocacy campaign struggle to restore a historical pond and surrounding indigenous lands encroached by a recently built mega business complex called Chhaya Center that houses a local franchise of Marriott International in the tourist district of Kathmandu in Nepal. For more information about the campaign, see https://cemsoj.wordpress.com/tag/chhaya-center/.

more “CEMSOJ’s comments for the update of the OECD Guidelines for Multinational Enterprises”

Nepal: Stop State brutality against the Indigenous Tamangs and other Locals for the construction of Tamakoshi-Kathmandu 220/400 kV Transmission Line Project in Shankharapur, Kathmandu

CEMSOJ joins organizations and individuals worldwide in the following public statement issued to the concerned authorities of Nepal and the Asian Development Bank (ADB).

Nepal: Stop State brutality against the Tamang Indigenous Peoples and Locals

Stop the construction of Tamakoshi-Kathmandu 220/400 kV Transmission Line Project in Shankharapur-3, Kathmandu

We, the undersigned organizations and individuals, strongly condemn the ongoing repression by Nepal’s police and armed police forces on the indigenous Tamang and other locals in Bojheni village, Shankharapur municipality Ward no. 3 in the northeast of Kathmandu for the construction of Tamakoshi-Kathmandu 200/400 kV Transmission Line and its substation.

more “Nepal: Stop State brutality against the Indigenous Tamangs and other Locals for the construction of Tamakoshi-Kathmandu 220/400 kV Transmission Line Project in Shankharapur, Kathmandu”

Indigenous Newar communities in Khokana and Bungamati call for follow-up actions from UN experts in Geneva to protect their rights threatened by the construction of Fast Track Expressway and other infrastructure projects

10 July 2022, Kathmandu

Indigenous Newar communities – affected by the Kathmandu-Terai/Madhesh Fast Track (Expressway) Project and other ongoing or planned infrastructure and urbanization projects in historical settlements of Khokana and Bungamati in the south of Nepal’s capital city, Kathmandu – have called on four UN mechanisms in Geneva to take follow up actions for safeguarding their rights against the continued serious threats of displacement of the communities, violations of their land and resource rights as well as cultural rights and other impacts on them due to the ill-planned projects.

In separate letters emailed today to the UN Special Rapporteurs on the rights of indigenous peoples, on the right to adequate housing and on the situation of human rights defenders as well as the Working Group on business and human rights, two local groups (Janasarokar Samiti of Khokana and Bungamati) representing the affected communities have urged the UN mechanisms to jointly examine the information submitted and undertake follow up correspondence with the Government of Nepal to protect and promote the rights of the indigenous communities in the context of those projects. As stated in the letters, besides the Fast Track Expressway, other ongoing or planned projects, including Bagmati River Basin Improvement Project (Bagmati Corridor), Kathmandu Outer Ring Road and Thankot-Bhaktapur Transmission Line Project and one of the four “Smart Cities” proposed in Kathmandu valley, will entirely displace the indigenous communities from the historical settlements. Asian Development Bank has directly or indirectly supported many of those projects.

more “Indigenous Newar communities in Khokana and Bungamati call for follow-up actions from UN experts in Geneva to protect their rights threatened by the construction of Fast Track Expressway and other infrastructure projects”