A/HRC/43/48/Add.2 violence left hundreds of families and thousands of people displaced and, as estimated by the Government, hundreds of millions of rupees of damage. 29. From April to June 2017, a series of incidents of violence and intimidation against Muslims continued to be reported in different parts of Sri Lanka, where Muslim-owned businesses, places of worship, property and homes were targeted. 20 In November 2017, violence erupted in Gintota, where dozens of Muslim properties were damaged. Subsequently, in March 2018, a state of emergency was declared and hundreds of security forces were deployed to stop the mob violence in Digana, Kandy, Ampara and other areas in the Central and Eastern provinces.21 One person was killed, several were injured and over 400 properties, places of worship and vehicles were destroyed in four days of attacks. The authorities made a few arrests but those who were political figures were later released on bail. 30. The Special Rapporteur would like to stress that, as provided by article 2 (1) of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, “no one shall be subject to discrimination by any State, institution, group of persons, or person on the grounds of religion or other belief”. Each State party to the International Covenant on Civil and Political Rights is required by article 2 (1) to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the Covenant, without distinction of any kind, such as religion. Article 26 of the Covenant further provides that all persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground, such as religion. Sri Lanka should step up its efforts to uphold article 12 of the Constitution, which stresses the right to equality and non-discrimination. B. Rights to proselytize and to conversion 31. The right to proselytize is not fully protected in Sri Lanka. In its Special Determination No. 19 of 2003, the Supreme Court decided that the propagation and spreading of a religion other than Buddhism “would not be permissible as it would impair the very existence of Buddhism or the Buddha Sasana”; while in 2018, it was held that the right “to propagate” one’s religion was not protected by the Constitution.22 However, the decision of 2003 seems to suggest that it would be acceptable if one were to propagate Buddhism. This would also contradict the Constitution of Sri Lanka, which assures all religions the rights granted by articles 10 and 14 (1) (e). 32. In addition, the right to proselytize is protected as part of the freedom of expression and manifestation of religion or belief under international law. Further, article 6 (d) and (e) of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief provides for the right to write, issue or disseminate relevant publications on one’s religion or to teach in places suitable for these purposes. Everyone should be free to share his or her religion or belief with others as long as he or she does not attempt to forcibly convert others. Article 18 (2) of the International Covenant on Civil and Political Rights explicitly bars coercion that would impair one’s freedom to have or to adopt a religion or belief of one’s choice. In its general comment No. 22 (1993) on the right to freedom of thought, conscience and religion, the Human Rights Committee explains that coercion includes the use of threat of physical force or penal sanctions or discriminative policies to compel believers or non-believers to adhere to their religious beliefs and congregations, to recant their religion or belief, or to convert. 33. Reported hostilities towards Jehovah’s Witnesses, Evangelicals and Muslims appear to be grounded in the perception that religious conversions threaten established hegemonies or “insult” the doctrines and beliefs of the dominant religion in a given area. Often, these religious conversions are allegedly claimed to be “unethical” and involve the “exploitation” 20 21 22 See communication LKA 3/2017. See communication LKA 1/2018. Supreme Court of Sri Lanka, Manjula and Rosaliya v. Pushpakumara and others, Fundamental Rights Case No. 241/2014, Decision, 18 July 2018. 7