E/CN.4/2006/5/Add.3
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Persecution of religious minorities – Acts of religious intolerance
111. The right to freedom of religion or belief is a universal right enjoyed by all human
beings and therefore by members of all religious communities, whether old or new and
whether they have been established in a country for a long time or recently.
112. In this context, the Special Rapporteur condemns all acts of religious violence and
intolerance that have been committed in Sri Lanka against any religious communities, but
also within religious communities. These acts depending on the circumstances constitute
violations, or unlawful limitations of the right to freedom of religion or belief.
113. In the face of such events, the Government of Sri Lanka has to fulfil its positive
obligation to protect the right to freedom of religion or belief of all its citizens, irrespective
of the religious community to which they belong. These positive obligations include, first
and foremost, the prompt investigation of any act of religious violence or intolerance, the
prosecution of all perpetrators and the awarding of compensation to the victims of these
violations.
114. The Special Rapporteur considers that in most of the cases that have been brought
to her attention and despite the information provided by the Permanent Mission, these
obligations have not been satisfactorily fulfilled by the Government. Moreover, the
implementation of these obligations should constitute an essential priority in guaranteeing
the enjoyment of the fundamental right to freedom of religion or belief of all Sri Lankan
citizens and a prerequisite for maintaining the high level of religious tolerance and
harmony that has so far prevailed in Sri Lanka.
Religious tensions
115. Like many observers, the Special Rapporteur had the feeling that while religious
minorities felt vulnerable, the Buddhist majority seemed to feel insecure. Members of the
Buddhist community indeed often voiced their concerns with respect to the behaviour of
members of certain religious minorities. Nevertheless, the Special Rapporteur considers
that the allegations of “unethical” conversions have rarely been precise and largely
overestimated.
116. The Special Rapporteur deplores in particular the lack of precision in the claims
that have been made against certain religious groups. The resulting confusion has led to
generalized condemnation of those groups. This lack of caution has provoked among the
population a dangerous pattern of blaming certain religious groups as a whole; a
groundless conviction that certain groups are per se the perpetrators of wrongdoing.
117. One of the main characteristics of a State that is governed by the rule of law is that
only those persons in respect of whom there are clear indications that they have personally
committed wrongful acts are prosecuted according to the laws of the land. A society where
individuals are considered wrongdoers merely because they are or – even worse – thought
to be members of the same community as persons who may indeed have committed
wrongful acts, is displaying clear and dangerous signs of becoming a place where there is
discrimination and persecution of a certain group, with terrifying consequences.