E/CN.4/2005/61/Add.1 Page 58 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

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