A/HRC/7/10/Add.1
page 57
Sri Lanka
Communication sent on 1 May 2007
241. The Special Rapporteur brought to the attention of the Government information she had
received concerning members of the All Ceylon Thareekathul Mufliheen society in Sri Lanka.
According to the allegations received, the religious leader of the All Ceylon Thareekathul
Mufliheen society, a religious movement based on Islam but rejected by mainstream Muslims in
Sri Lanka, died on 6 December 2006. His body was exhumed and burned by a mob under the
pretext that members of the All Ceylon Thareekathul Mufliheen society were not permitted to
bury their dead in Kathankudy soil. During the subsequent riots, the minaret and part of the
meditation centre were destroyed and over 117 houses of members of the All Ceylon
Thareekathul Mufliheen society were burned down. Furthermore, their lives were threatened and
many of them left Kathankudy.
242. On 7 February 2007, the Human Rights Commission of Sri Lanka informed the General
Secretary of All Ceylon Thareekathul Mufliheen that the Commission cannot interfere in the
disputes between various sects of a religion and advised to refer these disputes to the Council of
Ulemas – All Ceylon Jameeathul Ulama or the Minister of Religious Affairs.
Observations
243. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She would like to emphasize that the human rights
obligations of States also consist in ensuring the free exercise of freedom of religion or belief and
bringing the perpetrators of acts of religious intolerance, discrimination or violence to justice.
Already in the report on her country visit to Sri Lanka (see E/CN.4/2006/5/Add.3, para. 100), the
Special Rapporteur had referred to another incident targeting the All Ceylon Tharikathul
Mufliheen society: In October 2004, their place of worship in Kathankudy and the residences or
properties of some of their members were allegedly attacked by a mob of approximately 500
people lead by Muslim organizations. The properties were either destroyed or set on fire and
several members of the society were injured. While the police arrested eight alleged perpetrators,
these were later released on bail and some mainstream Muslim organizations continued to
threaten the members of the society to force them to abandon their belief. As the police
reportedly failed to provide protection to the victims of these attacks, they had to flee and find
refuge in Colombo. Since then, they have not been able to return to their properties because of
continued threats and the absence of appropriate measures by the authorities.
244. In the country report the Special Rapporteur concluded (see E/CN.4/2006/5/Add.3, paras.
113-114) that “the Government of Sri Lanka has to fulfill 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. 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