UN Experts Raise Alarm Over Retaliation Against Indigenous Activists in Nepal’s Chhaya Center Dispute

Klaus M. Schmidt Flores

by Bimal Ranabhat from Pexels, 4 July 2017

UN Special Rapporteurs’ condemnation of legal intimidation tactics utilised by Indigenous human rights defenders opposed to the commercial development of Kathmandu raises serious concerns regarding corporate responsibility and the protection of Indigenous rights in Nepal.

The Chhaya Center, a significant retail and entertainment complex housing the Marriott-operated Aloft Hotel located in the heart of Kathmandu, has been identified as the location of a business and human rights-focused dispute. The reason for this is that the construction of the Chhaya Center has largely destroyed the Kamal Pokhari pond, once a cultural heritage symbol. An event which has come to be, as there is an increase of judicial harassment and threats directed against Indigenous human rights activists opposing the destruction of the historic Kamal Pokhari pond. A Nepali human rights advocate and well-known member of the Pradhan Newar Indigenous community, Bhagabat Narsingh Pradhan, has led efforts to protect the historic heritage of the Kamal Pokhari.

In what experts consider a national act of retaliation, Pradhan has become the target of a contempt of court case, in addition to house visits from representatives of trade unions allegedly associated with the developers (Business & Human Rights Resource Centre, 2024). This matter has raised international concern, as United Nations (UN) Rapporteurs have been warned about the increasing dangers faced by Nepali human rights defenders (Business & Human Rights Resource Centre, 2024).

An additional concern regarding the Marriott International corporate group’s alignment with international standards, such as the UN Guiding Principles on Business and Human Rights (UNGPs), are raised. This is because the UNGP guidelines require businesses to uphold and establish human rights protective measures, in addition to exercising proper due diligence (United Nations, 2011). This corporate group has come under scrutiny as they have persisted in maintaining their operational strategies in light of ethical and legal ramifications, leading to an international demand for an increase in corporate responsibility standards.

These incidents come at a time during which Nepal is unveiling its first-ever National Action Plan on Business and Human Rights (2024-2028). A plan co-developed by the United Nations Development Programme (UNDP), which highlights the Nepali government’s dedication to safeguarding vulnerable communities, whilst promoting the development of ethical business practices (UNDP, 2024). However, the reality of instances such as that of Pradhan’s treatment indicates otherwise.

In addition to human rights defenders and UN Special Rapporteurs specialised in the protection of Indigenous human rights voicing concerns and urging the Nepalese government to address the current national situation of retaliation practices, there is a plea to safeguard and establish a national atmosphere that respects public opinion rather than silence it (United Nations Human Rights Office, 2024).

The case of the Chhaya Centre can serve as a prime example for the urgent need for a balanced collaboration between corporate actors and state officials aiming to protect human rights whilst testing the establishment of international standards for business conduct within Nepal’s recently adopted human rights framework. This event serves as an additional example to the global community, particularly multinational corporations operating in high-risk areas, especially on the manner of Indigenous land and cultural rights, and on the importance of due diligence and transparency.