E/CN.4/2006/5/Add.3
page 7
her faith or belief for any reason, or to become an unbeliever, although such change may not find
acceptance with all religions. Unquestionably the spirit of tolerance in [the] matter of religious
belief is very strong, and for this much of the credit must go to the dominant religion,
Buddhism”. He addressed the question of conversion in the light of the current situation, which
had “arisen from attacks on persons who want to assert their right to spread their faith by
preaching and practice”.
24.
Some of the Special Rapporteur’s interlocutors pointed out that religion is being used for
political purposes and that the heightened religious tensions are being driven by a few from
various communities, in particular the Buddhist community.
III. LEGAL FRAMEWORK
25.
The Constitution of Sri Lanka does not provide for a State religion, but it gives Buddhism
a prominent place. Indeed, according to article 9 of the Constitution, “[t]he Republic of Sri
Lanka shall give to Buddhism the foremost place and accordingly it shall be the duty of the State
to protect and foster the Buddha Sasana, while assuring to all religions the rights granted by
Articles 10 and 14(1)(e).”
26.
This article of the Constitution has recently become a matter of controversy with
emerging religious tensions and following the third determination of the Supreme Court in the
Sisters of Menzingen case. 2 Certain members of the Buddhist community rely on the foremost
place accorded to Buddhism and the State’s obligation to protect and foster Buddha Sasana 3 to
justify measures designed to protect Buddhism from threats perceived to be emanating from
other religious groups.
27.
In its article 10, however, the Constitution unequivocally provides for freedom of
religion: “Every person is entitled to freedom of thought, conscience and religion, including the
freedom to have or to adopt a religion or belief of his choice.” This provision is complemented
by article 14 (e) according to which “[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 or teaching.”
28.
Finally, it is to be noted that “in the interest of religious harmony”, article 15 provides
that the right to freedom of peaceful assembly as well as the right to freedom of association may
be subjected to certain restrictions, which in many cases could potentially affect the right to
manifest one’s religion.
29.
In practical terms, religious affairs are dealt with by separate ministers, one for each of
the main religions: the Ministry of Buddha Sasana, the Ministry for Hindu Affairs, the Ministry
of Muslim Religious Affairs and the Ministry for Christian Affairs. 4
30.
To have legal status, religious communities have to register either as charitable
organizations or as corporation. While the first type of entity permits tax exemption, the second
allows less government involvement in the interna l affairs of the community. However, by a
decision of 1 August 2003, the Supreme Court rejected the incorporation of an organization
called the “Provincial of the Teaching Sisters of the Holy Cross of the Third Order of Saint
Francis in Menzingen of Sri La nka” because the provisions of the incorporation bill created