E/CN.4/2006/5/Add.3
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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