E/CN.4/1995/91
page 83
From the foregoing, it will be clear that the Government of
Sri Lanka was not involved directly or indirectly in the incidents set
out in the allegations; nor did the Government acquiesce in, or condone,
in any manner, any of these incidents. This is in consonance with
article 14 (1) (f) of the Constitution of Sri Lanka, which states that
every citizen is entitled to ’the freedom, either by himself or in
association with others, and either in public or in private, to manifest
his religion or belief in worship, observance, practice, and teaching’.
The highest respect with which this constitutional right has been
treated by the Government of Sri Lanka can be evidenced by the fact that,
of the many cases alleging human rights violations filed in the Supreme
Court of Sri Lanka since the entry into force of the Constitution in
1978, no case has so far alleged infringement or abridgement of the
freedom of religion. Indeed, the freedom of religion remains a
non-derogable right in the Constitution.
In view of the importance attached to the freedom of religion
in Sri Lanka, the Government studied the incidents set out in
allegation (iii) seriously. The position with regard to each of the
incidents is as follows:
(a)
The incident that occurred in Kiribathgoda within the
Peliyagoda police area: in this instance, neither the victim nor any
persons could point out the suspects. Though the Buddhist monk of the
area has been suspected of promoting hostility, no direct evidence has
been adduced against him.
(b)
The incident that occurred in the Kuliyapitiya police area:
though the temporary buildings put up by the ’Assembly of God’ had been
set on fire on 4 September 1994, the identity of those responsible could
not be established either by the victims or by any persons.
(c)
The incident that occurred in the Bulathsinhala police area:
in this instance, unknown persons caused damage to the projector (valued
at Rs 10,000) used to screen the film ’The Life of Jesus Christ’.
(d)
The incident that occurred in the Kandy police area: there
was no complaint made to the police concerning a procession conducted by
Buddhist monks to protest against the presence of an evangelist church in
Kandy; nor has the police received any information to the effect that the
leaders of an evangelist church were insulted by Buddhist monks.
As regards allegation (i), the Government of Sri Lanka, based on
the information available to it, confirms that Muslims in the areas of
the Northern Province, namely, the districts of Jaffna, Mannar and
Kilinochchi, have been forcibly expelled from those areas by LTTE after
expropriating their property. These Muslims have been driven, together
with thousands of Sinhalese, from the areas of their habitation in the
Northern Province in a manner which is suggestive of a policy of ethnic
cleansing practised by LTTE.