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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