E/CN.4/2006/5/Add.3 page 15 leaders, priests and teachers, the freedom to establish seminaries or religious schools and the freedom to prepare and distribute religious texts or publications”. 75. Finally, the Special Rapporteur considers that article 9 of the Constitution, which gives a “foremost” place to Buddhism, may not per se be contrary to international human rights law, and in particular the right to freedom of religion. Nevertheless, the provision should not be used to limit the right to freedom of religion or belief of religious minorities living on the territory of Sri Lanka. In this respect also, the Human Rights Committee held that “The fact that a religion is recognized as a state religion or that it is established as official or traditional or that its followers comprise the majority of the population, shall not result in any impairment of the enjoyment of any of the rights under the Covenant, including articles 18 and 27, nor in any discrimination against adherents to other religions or nonbelievers. In particular, certain measures discriminating against the latter, such as measures restricting eligibility for government service to members of the predominant religion or giving economic privileges to them or imposing special restrictions on the practice of other faiths, are not in accordance with the prohibition of discrimination based on religion or belief and the guarantee of equal protection under article 26.” D. Difficulties pertaining to the future implementation of the laws 76. Probably one of the main problems with the draft laws on “unethical” conversions will be in their implementation. In particular, they use wording that allows for too broad an interpretation. Moreover, it is very difficult to assess the genuineness of a conversion. While it may be easy to prove that a person has received a gift, it would not be easy to demonstrate that the person has converted because of the gift. Under international law, freedom of conscience is absolute and cannot be subject to any limitation. A mechanism designed to monitor conversions and thus the reasons and purposes behind them could constitute a limitation on freedom of conscience. 77. The wording of the draft laws is also too va gue. It allows too great a margin of interpretation, which could be a source of possible abuse and could potentially transform the law into a tool of persecution by those who are genuinely opposed to religious tolerance. The Special Rapporteur is concerned that the adoption of these laws would provide legitimacy to those who want to promote religious intolerance and hatred vis-à-vis certain religious groups. 78. Criminalizing unethical conversions, as defined by the bills, in particular the Ministry Bill might pave the way for persecution of all religious communities, and particularly of religious minorities. The bills allow anyone to complain even if the victim may be unwilling to do so. It thus leaves the door wide open for overzealous people to create further polarisation and to generate an atmosphere of fear among religious minorities. VI. REPORTS OF PERSECUTION OF RELIGIOUS COMMUNITIES 79. Before, but also during and after her visit to Sri Lanka, the Special Rapporteur received numerous reports of attacks and other acts of religious intolerance committed against religious minorities, in particular Christian groups. She notes that these reports are usually very well documented and are very precise as to the factual circumstances of each case submitted. They

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