- Date filed
- 25 August 2024
- Keywords
- Countries of harm
- Current status
-
No resolution
- Sector
- NCP
Allegations
On 25 August 2024, two anonymous Nepalese organisations filed a complaint against Visa Facilitation Services (VFS) Global with the Swiss NCP. The complaint concerns the activities of VFS Global in Kathmandu, Nepal, related to its involvement with the Chhaya Center business complex.
VFS Global is the world’s largest visa outsourcing and technology services specialist for governments and diplomatic missions worldwide. Its operations in Kathmandu are based in Thamel, specifically within the premises of the Chhaya Center, a large business complex. VFS Global occupies a significant area in the Center, which the complainants say makes it an important source of revenue for the complex. According to the complainants, the Center’s construction has been associated with human rights violations against the indigenous Newar community, particularly the local Pradhan Newars of Thamel, as it was built on land connected to communal Guthi (trust) lands, which are traditionally owned by the Pradhans and used for religious and cultural purposes. Legal disputes and protests have arisen over the legitimacy of this land’s conversion to private ownership, with ongoing court cases since 2014. Activists associated with the complainants have also faced threats and harassment due to their opposition to the Center’s construction.
The complainants are seeking mediation so that: (1) VFS Global acknowledges its link to human rights abuses against the Pradhan Newar community through its association with the Complex; (2) VFS Global uses its influence to change harmful practices at the Complex, ensure respect for international human rights standards, and consult with the affected community; and (3) the company protects those who might be facing potential concerns retaliation.
Relevant OECD Guidelines
- Chapter II
- Chapter II Paragraph A11
- Chapter II Paragraph A13
- Chapter II Paragraph A14
- Chapter II Paragraph A15
- Chapter IV
- Chapter IV Paragraph 1
- Chapter IV Paragraph 3
- Chapter IV Paragraph 6
- Part 1
Outcome
On 18 December 2024, the Swiss NCP published its initial assessment, accepting the complaint and offering its good offices to the parties. In the initial assessment, the NCP stated that VFS has informed the NCP that it has decided not to extend the lease and to relocate from the Chhaya Center as soon as possible. The NCP stated that “should VFS withdraw from the Chhaya Center during the NCP proceedings, the link to the enterprises’ activities would no longer exist” and that “as the submitting Parties requested forward looking activities such as using its leverage on the business complex to mitigate the adverse impacts of its operations on the communities, the conditions for mediation would no longer exist and the NCP proceedings would be closed”.
On 25 June 2025, the Swiss NCP published its final statement. The NCP offered a dialogue to the parties to foster a better understanding of the issues raised and the complainants demands, including full acknowledgment by VFS of the direct link to the human rights abuses of the Newar community through its relationship with the Centre. However, following separate discussions with the parties and VFS’s decision to end its lease, the NCP did not offer direct dialogue between the parties. According to the NCP, VFS asserted it had no additional leverage following the termination of the lease agreement and did not want to interfere with ongoing court proceedings before the Supreme Court of Nepal, to which VFS is not a party.
The Swiss NCP made the following recommendations: “Despite VFS’ termination of the lease agreement, the NCP offered a platform for dialogue to discuss the remaining issues raised by the submitting Party. The NCP regrets that VFS did not accept its offer of dialogue and recommends that VFS consider participating in similar future dialogues as well as disengaging responsibly from its lease agreement at the Center.”
The NCP’s final statement also documented allegations of reprisals against the complainants in their initial complaint. The NCP stated that it had taken “necessary precautions to protect the submitting Party”.
More details
- Defendant
- Company in violation
- Complainants
- Affected people
- Date rejected / concluded
- 25 June 2025