A/HRC/34/53/Add.3
29.
However, challenges remain in relation to minority religious groups. The Special
Rapporteur was informed about difficulties in obtaining new places of worship and
accessing cemeteries, especially for members of smaller Christian and Muslim
denominations. It appears that article 9 of the Constitution, as well as the non-statutory
government circular issued in 2008 by the Ministry of Buddha Sasana and Religious Affairs,
are sometimes used to the detriment of other religions, including as the basis for arbitrarily
denying applications for construction of places of worship. At the same time, construction
of Buddhist temples, shrines and statues in areas that were traditionally non-Buddhist is met
with animosity.
30.
Many expressed grave concern about Sinhala-Buddhist nationalism and extremism,
which gained particular force under the previous Government. Groups such as the Bodu
Bala Sena (Buddhist Power Force) incited violence and hatred against religious and other
minorities while proclaiming the racial superiority of Sinhala Buddhists and carried out
attacks on places of worship as well as businesses and properties of religious minorities,
including Muslims and Christians. The most notable of such incidents was the Aluthgama
riots in June 2014 when mobs were said to have been mobilized by the Bodu Bala Sena to
attack Muslim homes and properties following a minor traffic incident, leaving 4 Muslims
dead and 80 injured. For more than six days, more than 6,000 people were reportedly
trapped and left to starve in mosques. Regrettably, there has yet to be a credible
investigation and effective prosecution following the incident.
31.
While the Special Rapporteur was informed that the incidence of violent crimes
motivated by religious intolerance has significantly decreased since the new Government
took office, civil society groups continue to report incidents of destruction of religious
property and harassment of religious leaders. She was told by Christian as well as Muslim
groups that in dealing with these cases, the police as well as the courts continue to ignore
the motives — religious intolerance or hatred — behind such attacks and refuse to consider
them as aggravating circumstances, thus failing to send a clear signal that they will not be
tolerated. Many also reported that political patronage of religious leaders or politicians are
often in the way of prosecution for these crimes, effectively contributing to a climate of
impunity. Lack of accountability increases the likelihood for further violations.
32.
The Special Rapporteur is also concerned that hate speech, though also less
prevalent since the change of Government, continues to plague Sri Lankan society. She
echoes the concerns expressed by the Office for National Unity and Reconciliation about
the rise in recent months in hate speech and joins in urging the relevant authorities to take
appropriate action against all such incidents, regardless of the social status, ethnicity,
religious background or political affiliations of the perpetrators.3
33.
Such aggression and extremism must not be allowed or tolerated, particularly in a
society that is already significantly fragmented and is seeking to re-establish long-lasting
peace and harmony. Most Sinhalese Buddhist interlocutors noted that extremists represent a
very small segment of the society and that the majority of Buddhists adhere to the key
principles of Buddhism: tolerance, non-violence and non-discrimination.
IV. Minorities and post-conflict issues
34.
The legacy of the decades-long conflict in Sri Lanka continues to be a challenge,
particularly in the North and East, which were most acutely affected in the last phases of
the war. Although the post-conflict issues found in these regions, such as militarization,
3
8
See www.onur.gov.lk/index.php/en/news.