Persecution of religious minorities

Draft bills could result in the persecution of religious minorities in Sri Lanka - United Nations official

Friday, May 13, 2005, 13:02 GMT, ColomboPage News Desk, Sri Lanka.

May 13, Colombo: Asma Jahangir, the United Nations Human Rights Commission's special rapporteur on Freedom of Religion or Belief, has said that the provisions of both draft bills on unethical conversions could result in the persecution of religious minorities, rather than the protection and promotion of religious tolerance.

“The enactment of these Bills could seriously undermine the culture of religious tolerance enjoyed for decades in this country,” she said. “It could impair the religious harmony that this country can rightly be proud of sustaining even through the difficult period of a civil war.”

However, Ms. Jahangir also added, “I have been encouraged by the fact that the majority of my interlocutors have expressed their willingness to resolve this question through appropriate means.”

Ms. Jahangir was speaking at a media briefing in Colombo yesterday. She said that during her brief stay in Sri Lanka, she met both religious and non-religious leaders and was struck by the “high degree of transparency among the government functionaries and political leadership.”

“However, I have noticed that certain issues related to the right to freedom of religions are not appropriately addressed. In this regard, I am concerned that inaction or lack of proper attention can lead to numerous misunderstandings and promote religious intolerance,” she said.

The special UN rapporteur, who was here on the invitation of the Sri Lankan government, went on to discuss reports of violent acts of religious intolerance such as destruction of places of worship over the past few years.

“I have noted that in most cases, the perpetrators have not been brought to justice. Moreover, in many cases, the police and other competent authorities appear to have been reluctant to take appropriate action despite the identification of perpetrators,” she said. “The government has an obligation to prosecute the perpetrators and to compensate the victims.”

Though Ms. Jahangir said she had not heard direct testimonies of improper or unethical conversions, “secondhand accounts by credible sources indicate that conversions through improper means have indeed occurred and certainly raise a concern.

“I believe that the existing legal provisions in the Penal Code of Sri Lanka are sufficient in dealing with the nature of offenses reported to me and urge that these be effectively implemented.

She also called on “those Sri Lankans and foreigners that are involved in humanitarian and development efforts to respect the guiding principles of humanitarian law. The United Nations General Assembly Resolution 46/182 urges NGOs, religious and missionary organisations to provide aid without espousing any particular religious opinion.

“A large number of humanitarian workers and organisations have scrupulously observed this principle. They have generously donated and tirelessly worked for the victims, but regrettably a few have not strictly observed these guidelines. There are regrettable practices but do not constitute a criminal offence or a clear violation of the right to freedom of religion, as long as such conversions are not carried out under force, pressure or other coercive methods. Nevertheless, they do raise anxiety.

“In response to these religious tensions, some initiatives have led to the introduction of two draft laws that would criminalise acts of ‘unethical’ conversions. Contrary to what has been often claimed, content of these drafts as well as the implementation of their provisions do raise concerns under human rights law, including the right to freedom of religion or belief.


“In this respect, I note with some satisfaction that there are in Sri Lanka independent mechanisms and pluralistic as well as democratic traditions. As such, Sri Lankans are adequately experienced to resolve emerging religious tensions. The Supreme Court of Sri Lanka in its determination has declared portions of one of these draft bills as unconstitutional. In my opinion, the provisions of both draft bills could result in the persecution of religious minorities rather than the protection and promotion of religious tolerance,” Ms. Jahangir said.







Sri Lanka, 5 - 13 - 2005: Draft bills could result in the persecution of religious minorities in Sri Lanka - United Nations official