E/CN.4/2006/5/Add.3
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fully reintegrate with dignity the Muslim communities that have been displaced during the
conflict in their places of origin, to allow access to all places of worship and other religious
sites, and to ensure the protection of religious minorities present on their territory,
regardless of their size.
Notes
1
There are a large number of “new Churches” in Sri Lanka, some calling themselves “prayer centres”.
2
See Supreme Court Special Determination No. 19/2003 of 1 August 2003, examining the constitutionality of a bill
entitled “Provincial of the Teaching Sisters of the Holy Cross of the Third Order of Saint Francis in Menzingen of
Sri Lanka (Incorporation)” and holding, inter alia , 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”.
3
Buddha Sasana involves every aspect connected to the practice of Buddhism.
4
According to information received, the Ministry for Christian Affairs only covers the so-called traditional
Churches to the exclusion of, for instance, evangelical communities.
5
Supreme Court Special Determination No. 19/2003 of 1 August 2003, op. cit.
6
In the majority of the cases, reference was made to commercial products produced outside Sri Lanka.
7
Preamble to the Bill.
8
Ibid
9
The persons listed in the first schedule are those who have a subordinate position to the one attempting to convert,
such as prison inmates or students.
10
Article 5 of the Bill.
11
Article 3 of the Bill.
12
“Unethically convert” means: (a) to directly or indirectly make, persuade or influence a person to renounce his
religion, religious belief, religious persuasion or faith and to adopt another relig ion, religious belief, religious
persuasion or faith which such person dos not hold or belong to; or (b) to intrude on the religion, religious belief,
religious persuasion or faith of such person, with the aim of undermining the religion, religious belief, religious
persuasion or faith which such person does not hold or belong to, either by the use of any kind of allurement or
promise of allurement, or inducement or promise of inducement, or moral support or promise of moral support, or of
material assistance or promise of material assistance, or by fraudulent means or by coercion or by the use of force or
by other means or by taking advantage of such person’s inexperience, trust, need, low intellect, naivety or state of
distress.
13
Judgement of the European Court of Human Rights of 19 April 1993, Kokkinakis v. Greece, case No.
3/1992/348/421.
14
The two other attacks on the church allegedly took place on 30 December 2003 and 15 June 2004.
15
See general comment No. 22 of the Human Rights Committee, para. 2.
16
The Special Rapporteur here generally refers to any of the proposed bills that have been brought to her attention.
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