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and shall take effective steps in the field of teaching, education and
information in order to eliminate discrimination and prejudice
(art. 27 (5) of the Constitution).
Furthermore, article 27 (11) of the Constitution states that the
State shall create the necessary economic and social environment to
enable people of religious faiths to make a reality of their religious
principles. Within this policy framework, the fundamental rights chapter
of the Constitution contains a number of specific articles which seek to
protect religious freedom. Article 10 of the Constitution guarantees the
freedom of thought, conscience and religion to every person in Sri Lanka.
Article 12 (2) provides that no citizen shall be discriminated against on
grounds of religion. Article 12 (13) provides that no person shall be
subject to any disability, liability, restriction or condition with
regard to access to shops, public restaurants, hotels or places of public
entertainment on grounds of religion. Article 14 guarantees the freedom
to manifest a religion or belief by practice. Article 15 (2) states that
freedom of speech and publication may be restricted in the interest of
racial and religious harmony. This provision is particularly important
since it recognizes that partisan and defamatory speeches which might
incite religious antagonism and hatred must be prevented in a
multireligious society.
Remedies
1.
Supreme Court jurisdiction
Article 17 read together with article 126 of the Constitution
provides for the enforcement of these rights. Infringement or imminent
infringement of these rights whether by executive or administrative
action is justiciable in the highest court in the land and the court has
a wide discretion with regard to the relief it may grant. It is
noteworthy, however, that there has not been a single allegation of
discrimination on the ground of religion before the Supreme Court of
Sri Lanka. This is eloquent testimony to the high degree of religious
tolerance which prevails in Sri Lanka.
2.
The Commission for the Elimination of Discrimination and
Monitoring of Fundamental Rights
Apart from the Supreme Court, the Commission for the Elimination of
Discrimination and Monitoring of Fundamental Rights has the authority to
hear and adjudicate upon allegations of religious discrimination by means
of mediation and conciliation. Where settlement is not possible it is
authorized to report the matter to the President.
The Commission in 1992 heard seven complaints of religious
discrimination out of a total of 882 complaints. According to the
Director of Human Rights, religious discrimination was not established in
any of the cases.