Two anonymous Nepalese organisations vs. Visa Facilitation Services (VFS) Global

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

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 states 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 states 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”.

More details

Documents

• Accepted

  18 December 2024

  Initial assessment

  Swiss NCP