Sri Lankan Cabinet Approves Anti-Conversion Law‘
Act for the Protection of Religious Freedom’ makes religious conversion a criminal offense
by Sarah Page
DUBLIN, June 24 (Compass) -- On June 18, the Sri Lankan Cabinet gave initial approval for a draft bill designed to prevent religious conversions. The “Act for the Protection of Religious Freedom” will now be revised by the government’s legal draftsmen before being enacted as law.
Two separate acts were initially proposed to parliament -- one by the Buddhist Jathika Hela Urumaya (JHU), a minority party allied with President Chandrika Kumaratunga; and one by Ratnasiri Wickremanayake, the Minister for Buddha Sasana (Buddhist Affairs).
The draft “Bill on Prohibition of Forcible Conversion” proposed by the JHU was released in late May. It advocated fines of up to $5,027 and up to seven years in prison for anyone involved in illegal conversion. Both the convert and the person responsible for his or her conversion would suffer penalties if found guilty.
The JHU bill was scheduled for presentation to parliament on June 8. However, that morning the JHU announced in parliament that they would not vote with the government on any issue. A scuffle broke out between the JHU and members of the opposition, and parliament was dissolved. Further sessions were postponed until July 20.
Under the terms of the Sri Lankan Constitution, once a law has been passed by parliament, there is no opportunity for judicial review. If the JHU bill had been presented on June 8, opponents would have had only seven days to present their objections to the Supreme Court.
Following the suspension of parliament on June 8, Minister Wickremanayake presented his own draft bill to the cabinet. The “Act for the Protection of Religious Freedom,” much wider in scope than the one proposed by the JHU, was based on recommendations put forward by the Buddha Sasana Commission of 2002.
The 2002 commission called for the introduction of anti-conversion laws, and the creation of an informal court system or Sanghadhikarana, presided over by Buddhist monks. The Sanghadhikarana would resolve village level disputes without reference to the police or courts of law.
Observers are concerned that the introduction of the Sanghadhikarana in tandem with anti-conversion laws could have serious implications for religious minorities.
Wickremanayake’s bill effectively makes conversion from one religion to another under any circumstances a criminal offense. Section 2 stipulates that no person shall convert or attempt to convert or aid or abet acts of conversion of a person to a different religion.
If the bill becomes law, Sri Lanka will break with several international conventions, including the International Covenant on Civil and Political Rights (ICCPR) which guarantees the right to freedom of thought, conscience and religion. The ICCPR stipulates that no one should be subject to coercion which would impair his freedom to have or adopt a religion of his own choice. Anti-conversion legislation itself could be seen as a form of coercion.
Despite this, Sri Lanka seems determined to adopt legislation modeled after similar laws in India.
The campaign to introduce anti-conversion laws began soon after the Buddha Sasana Commission in 2002 and intensified in 2003, with 91 attacks on Christians and churches last year.
Until the campaign began, most Buddhists in Sri Lanka lived peacefully with adherents of other faiths. However in 2002, senior Buddhist clergy became disturbed by the decline of Buddhism and the growth of Christian churches in rural areas. The 2002 commission was an attempt to address this issue. One source confirmed to Compass that, during the commission’s tenure, the clergy laid out a clear strategy to suppress the growth of Christianity and stir up popular opposition to the Christian faith.
In September 2003, over 1,500 Buddhist monks gathered for an anti-conversion rally in Colombo. They accused Christians of offering financial enticements to the poor to encourage them to convert -- a claim which Christians vehemently denied.
Tensions increased in December 2003 when the well-known Bhuddist monk Gangodawila Soma, a key figure in the anti-conversion campaign, died of a heart attack while traveling in Russia. Christians were immediately accused of a conspiracy leading to his death, despite three autopsies showing that Soma died of natural causes.
In January 2004, a group of Buddhist monks launched a fast, demanding that the government enact anti-conversion laws within the next 60 days. Parliament agreed in principle and the fast was called off.
However, when President Chandrika Kumaratunga dissolved parliament in February and called for snap elections, the introduction of the new law was postponed. The Buddhist clergy immediately formed the JHU party to contest the elections in April. They won nine seats and eventually formed an alliance with the president, effectively giving them considerable power in government.
The JHU now finds itself in a difficult position. Having vowed not to vote with the government on any issue, they are now unable to vote in favor of the new legislation.
Even as the cabinet gave initial approval for the new legislation, a fresh attack was underway. On June 18, several Buddhist monks drove through the village of Wadduwa in a van, calling residents to a protest march the following day. On June 19, about 50 monks led a crowd of 150 people to the local Christian Fellowship Church and staged a protest rally. Police officers arrived at the scene but were unable to control the mob. The crowd broke into the church, threw chairs at the altar, pulled down scripture banners and verbally threatened the daughters of the pastor, who was absent at the time.
On Sunday, June 20, police officers assigned to protect the church arrived before the morning service and managed to prevent a small group of protestors from breaking into the building. However, a larger crowd of 200 people soon arrived, waving banners and placards. Bricks, stones and petrol bombs were thrown at the church, damaging the roof and windows. Police officers used tear gas in an effort to dispel the crowd; in return, they were pelted with stones.
The pastor was finally forced to announce that he would suspend all meetings at the church.
The disturbance in Wadduwa was the latest in a series of 50 incidents throughout Sri Lanka in the first six months of 2004. (See Compass Direct, “Sri-Lanka Re-opened Church Attacked on Easter Sunday,” April 16; and “Sri Lankan Parliament to Consider Anti-Conversion Bill,” June 8.)
Sri Lankan Christians have asked the international community to support them in protest against the new legislation.
Copyright 2004 Compass Direct
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