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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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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Chaya center’s workers become owners’ ‘thugs’, threaten heritage rights activist (with letter)

Kathmandu, 31 December 2020

Workers have a history of taking to the streets and carrying out struggles when their employers do injustice and exploit labor. However, it has been found that today’s workers have started to engage in various unwanted activities to protect their employers instead of protesting against the black acts committed by their employers and investors.

It has been found that the so-called leaders of the workers working at the Chhaya Devi Complex built by occupying Kamalpokhari in Thamel have threatened the rights activist fighting for heritage conservation. Banker and billionaire businessmen Prithvi Bahadur Pandey, Suman Pandey and owner of Hotel Aloft and Chhaya center, Suhrid Ghimire have been found to have used their employees like local thugs to threaten the activist.

Bhagwat Pradhan, a heritage rights activist, has been threatened by the workers of the Chhaya Devi Complex built on the land of Kamalpokhari, which was grabbed by 43 land mafia. Alleged labor leaders came to his house to threaten him. “My wife was threatened at home. I was threatened by Ram Bahadur Shrestha, the secretary of GEFONT (General Federation of Nepalese Trade Unions),” Bhagwat told the Diyopost.

On behalf of the 1,200 workers employed at the Chhaya center, the three leaders threatened him with a three-day ultimatum. Their letter reads as follows:

27 Dec 2021

Mr. Bhagwat Narsingh Pradhan 

Currently Sitapaila, Kathmandu.

Subject: Regarding anti- labor activities

Concerning the above subject, this letter is written with regards to the concerns of the workers related to the Aloft Hotel and Chhaya Devi Complex located at Kathmandu Metropolitan City, Ward No. 26 Thamel and Casino Waldo, night club, travel, trekking restaurant and other businesses operating therein.

It has been reported that unethical and unwanted attacks are being carried out at your initiative against the Chhaya Center and other businesses including the Aloft Hotel [therein] that have come in operation after recent completion of construction as there was no order from the esteemed courts to stop the construction of the Chhaya Devi Complex as per your demand in frequent petitions filed by you.

Against the constitutional right of operating business activities of the Chhaya Devi Complex and the businesses operating therein, you and others regularly intervene to provoke the customers, put pressure on the guests, special guests and prominent guests not to participate in any event at the Chhaya Devi Complex or Chhaya Center as well as pressurize international headquarters of Marriott International, VFS Global (International Visa Facilitation Office) and various national and international relations and spread false messages through social media channels to undertake systematic attacks on promotion of business partnership and reputation [of the Chhaya Center]. Due to these attacks, even the livelihoods of around 1200 labor and self employed businesses in the Chhaya Center have been risked. Thus, you are requested to stop above-mentioned unwanted activities and misinformation and attacks on the business and express loyal commitment to the order of the esteemed court on the petition filed by you yourself within 3 days at the Central committees of the Nepal Independent Hotel, Casino and Restaurant Workers Union and the Union of Trekking Travels Rafting Workers Nepal (UNITRAV). Otherwise, it is informed that the workers will be forced to fight for their rights, including their livelihoods, against your unwanted activity.

Signed

Surya Bahadur Kunwar

Chairman, Nepal Independent Hotel, Casino and restaurant Workers Union,        

Central Committee                          

Signed

Suman Parajuli

Chairman,UNITRAV Central Committee

Copied:

Mr. Maheshor Prakash Shrestha

Executive Director, Chhaya Devi Complex, Thamel Kathmandu.

Translated from news report in Nepali published on the Diyopost at the link https://www.diyopost.com/12/84466/?fbclid=IwAR05ojzQPLH2wO5ga5g8JDM6ZHBO6U8hrYysZoyFPwiraGsjw9KHRQOxdyY

For more related information, see Campaign to restore archaeological Kamal Pokhari in Thamel urges ILO and UN to protect rights infringed due to construction of Chhaya Center