भिसा फेसिलितेसन सर्विसेस (भिएफ़एस) ग्लोबल विरुद्ध स्विट्जरल्याण्ड सरकारसंग गरिएको उजुरीको जवाफमा भिएफ़एसले ९ डिसेम्बरमा स्विस सरकारलाई काठमाडौंको पर्यटकीय क्षेत्र ठमेलमा रहेको छाया सेन्टरमा रहेको आफ्नो कार्यालयको भाडा करार सम्झौता नवीकरण नगर्ने र यथाशक्य छिट्टै छाया सेन्टरको परिसरबाट आफ्नो कार्यलय स्थानान्तरण गर्ने निर्णय गरेको लिखित रूपमा जानकारी गराएको छ।
more “भिएफ़एस ग्लोबल यथाशक्य छिट्टै छायाँ सेन्टरबाट सर्ने” 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.
more “VFS Global decides “to relocate from the premises at the Chhaya Center [in Kathmandu] as soon as feasible””
This summary report aims to analyze the human rights challenges of Nepal’s endangered Indigenous Bankariya people, particularly to their lands and forest resources, due to Parsa National Park in the south of the country. Traditionally a nomadic group living in forests, Bankariyas were provided six hectares of leasehold forests, where they currently live in informal settlements. The leasehold forests were later incorporated in the buffer zone of the Parsa National Park. Almost two decades later, Bankariyas now face the same challenge as around 6 million people of 34 districts living in buffer zones of various protected areas of Nepal. They do not have titles to the lands that they have been living on, using or occupying for generations. As a result, they face threats of forced evictions and displacement from their current settlement upon expiry of their lease and in lack of land titles.
more “Displaced and Landless: Endangered Indigenous Bankariya living in the buffer zone of Parsa National Park in Nepal” 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”
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”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”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”Nepal’s Supreme Court has issued a directive order to the Government to make legal, policy and implementation arrangements in line with the 2015 Paris Agreement on climate change (also referred to as the Paris Climate Accords).
In its decision made dated 27 April on the public interest litigation filed by CEMSOJ, the Supreme Court ruled issued a directive order in the name of the Government to make necessary legal, policy and implementation arrangements in compliance with the commitments of international treaties and conventions, including the Paris Agreement, to conserve the environment, to sell, trade or consume forest products, including carbon, to arrange a fair distribution system of benefits.
more “Nepal’s Supreme Court directs the government to make legal, policy and implementation arrangements in line with Paris Agreement on climate change”१ सेप्टेम्बर २०२३, काठमाडौँ
नेपालको सर्वोच्च अदालतले जलवायु परिवर्तन सम्बन्धि पेरिस सम्झौता लगायतका अन्तर्राष्ट्रिय सन्धि सम्झौताका प्रतिबद्धता अनुकूल हुने गरी आवश्यक कानूनी, नीतिगत तथा कार्यान्वयन व्यवस्था मिलाउन सरकारलाई निर्देशनात्मक आदेश जारी हुने ठहर गरेको छ । सामुदायिक सशक्तिकरण तथा सामाजिक न्याय फाउन्डेशन (सेम्सोज)द्वारा दर्ता गरिएको सार्वजनिक सरोकारको रिटमाथि यही बैशाख १४ गते (सन् २०२३ अप्रिल २७) फैसला गर्दै पर्यावरण संरक्षण गर्न, कार्वन लगायत वन पैदावारको माध्यमबाट उत्पादन हुने बस्तु/पदार्थको बिक्री व्यापार, कारोवार गर्न वा उपभोगमा ल्याउन, लाभको न्यायोचि वितरण व्यवस्था मिलाउन तत् सम्बन्धमा जलवायु परिवर्तन सम्बन्धि पेरिस सम्झौता लगायतका अन्तर्राष्ट्रिय सन्धि सम्झौताका प्रतिबद्धता अनुकूल हुने गरी आवश्यक कानूनी, नीतिगत तथा कार्यान्वयन व्यवस्था मिलाउन सरकारको नाउँमा निर्देशनात्मक आदेश जारी हुने ठहर गरेको हो ।
more “सर्वोच्च अदालतद्वारा जलवायु परिवर्तन सम्बन्धि पेरिस सम्झौता लगायतका प्रतिबद्धता अनुकूल हुने गरी आवश्यक कानूनी, नीतिगत तथा कार्यान्वयन व्यवस्था मिलाउन सरकारलाई निर्देशनात्मक आदेश” 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”