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under article 10 of the Constitution. In a recent case, the petitioner also relied on article 9 of
the Constitution which requires the Republic of Sri Lanka to give the foremost place to
Buddhism.
223. The Supreme Court, after examining the provisions of the bill, decided that “the
kind of activities projected in the Bill would necessarily result in imposing unnecessary
and improper pressures on people who are distressed and in need, [on] their free exercise
of thought, conscience and religion [and on] the freedom to have or to adopt a religion or
belief of [their] choice as provided in Article 10 of the Constitution”. The Supreme
Court supported the contention of the petitioner that an organization established to
propagate Christianity by providing material and other benefits, thereby converting such
recipients to the said religion, would affect the very existence of Buddhism and breach
article 9 of the Constitution. The Court, considering the terms set out in clause 3 of the
bill, held that such a clause would be inconsistent with articles 9 and 10 of the
Constitution. Therefore, the bill required approval by a two-thirds majority of Parliament
and a referendum. Concerns have been expressed that this part of the judgment, which
referred to article 9 of the Constitution, would give those who promote Buddhism an
unfair advantage over those who seek to promote other religions. However, it was
submitted that if a person sought to incorporate a Buddhist organization that offered
social or economic benefits along with religious instruction, it might also be struck down
in the same fashion as the bills seeking to incorporate a Christian organization because
article 9 operates subject to the rights of all religions under article 10 and article 14(1)(e),
which guarantee freedom of religious worship. Article 9 only prescribes a duty for the
State to foster Buddhism and thereby give expression to the historic and the cultural ethos
and aspirations of Sri Lanka, without prejudice to any other religion or belief.
Follow-up to previously transmitted communications
224. By letter dated 16 December 2003, the Government transmitted its response to a
communication sent by the Special Rapporteur on 10 October 2003, which contained the
same information as previously transmitted.
Observations
225. The Special Rapporteur would like to express her gratitude for the details
provided in the responses of the Government.
Sudan
Communications and replies received
226. On 14 June 2004, the Special Rapporteur sent a communication to the
Government of the Sudan in relation to information received according to which on
20 May 2004, the Khartoum police forcibly evicted the Episcopal Church in Sudan
(ECS) from its provincial headquarters in Khartoum, producing an Islamic court order
stating that the property had been sold. It was reported that with armed riot police
stationed at the gate, the personnel of the ECS Guesthouse were ordered to evacuate