E/CN.4/2006/5/Add.3
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118. The Special Rapporteur is convinced that the foundations of Sri Lankan society
have been solidly laid and strengthened with history to address the signs of such dangers
appropriately.
119. Moreover, the Special Rapporteur has not received sufficient elements of proof to
convince her that some of the acts complained of were in fact forced conversions. While it is
arguable that forced conversion can also be committed by subtle, indirect means, coercion
still has to be proved, which is difficult. However, while some have exaggerated behaviour
that does not necessarily raise concern in terms of human rights, the Special Rapporteur
recognizes that a number of improper ways of persuading people to change their religion
may have been used by members of some religious groups or organizations and that many
Sri Lankans may perceive this as a form of disrespect on the part of certain groups of
Western origins, which might have affronted Sri Lankan values and traditions without
respecting and understanding them.
120. The Special Rapporteur is of the opinion that these religious groups should make a
clear separation between their humanitarian efforts and their religious work, respect other
religious beliefs in their missionary activities and not use aggressive forms of proselytizing,
as they could disturb the atmosphere of religious harmony and provoke further religious
intolerance.
Draft laws
121. Further to the observations made in section V, the Special Rapporteur is of the
opinion that the draft legislation16 is not an appropriate response to the religious tensions
and is not compatible wi th international human rights law, in particular with the right to
freedom of religion or belief.
122. She considers that the adoption of such laws would lead to violations of the essential
and fundamental part of the right to freedom of religion or belief; the Government would
be taking a very serious risk with respect to its obligations under the relevant international
conventions. Moreover, the very principle of these laws as well as their wording could
engender widespread persecution of certain religious minorities. Finally, the future
implementation of the laws may prove extremely difficult and lead to an unlawful
discrimination.
123. On the other hand, the Special Rapporteur considers that alternative mechanisms
such as an inter-religious council would have the advantage of promoting an interreligious
dialogue, which is the only way to address such tensions.
124. The Special Rapporteur wishes to make clear that a majority of the persons with
whom she spoke during her visit expressed sentiments that could pave the way for
dissipating emerging tensions and overcoming the forces of intolerance. In the current
situation, as is often the case, the voices of intolerance are given a place that does not
correspond to their real position in society. The Government clearly has the tools to reverse
this tendency and properly address religious tensions while observing respect for
international human rights law.