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.

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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.”

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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.

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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.

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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/.

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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.

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Campaign to restore archaeological Kamal Pokhari in Thamel condemns Nepal government’s “irresponsible and false” reply to the UN mechanisms regarding rights infringed due to construction of Chhaya Center

Kathmandu, 11 October 2021

The Campaign to restore archaeological Kamal Pokhari in Thamel has condemned the “inadequate, irresponsible and false” reply provided by the Government of Nepal in response to the joint letter sent by four UN mechanisms to the Government concerning violations of the rights of indigenous Newars, including to their lands and resources and culture, due to construction of mega business complex Chhaya Center in Kathmandu.

As per the Campaign, the violations have occurred because a private Nepali company Chhaya Devi Complex Pvt. Ltd has constructed Chhaya Center, “the biggest business complex in Nepal’s history” after unlawfully acquiring the communal trust lands – traditionally holding a holy pond and its surroundings structures and areas – of the indigenous Pradhan Newar community in Kathmandu’s tourist district of Thamel. Despite local opposition and protests, including by human rights and cultural activists, the business complex officially opened in 2018 currently houses 200 retail stores, including high-end brand outlets, multiplex theatres, corporate offices, banquet and conference halls, casino, discotheque, etc., as well as a five-star hotel Aloft Kathmandu Thamel of the Marriott International, Inc.

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Nepal’s govt ignores UN experts’ letters concerning alleged violations of indigenous Newar rights in the construction of the Kathmandu-Terai/Madhesh Fast Track Expressway and of the Chhaya Center business complex

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.

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