Concern over Nepal's proposals to restrict religious freedom

Christian Solidarity Worldwide is urging the Nepalese government to reject proposals banning religious propogation.

The proposals have been drawn up by a government committee established to review Nepal's penal code.

They come amid existing concerns that religious freedom will be sidelined in the new constitution.

CSW said that Article 160 of the proposed penal code went further than anti-conversion legislation in five states in India by not including the conditions of "force", "fraud" or "allurement" making religious propogation illegal.

CSW warned that the proposals would lead to "significant restrictions on religious freedom”.

The former Hindu monarchy has been in the process of drafting a new constitution since May last year.

In a briefing released this week, CSW expressed concern over aspects of the proposals that effectively ban conversion.

It is concerned that the current interim constitution fails to protect religious freedom "in a manner consistent with international law".

"As Nepal formalises the transition from Hindu monarchy to secular republic, the right to freedom of religion and belief must be protected if the transition is to be a successful one," it said.

Dr K B Rokaya, one of Nepal’s National Human Rights Commissioners, has expressed his “serious concern” about the proposals both for the penal code and the constitution.

He said, “Religious freedom is the most fundamental human right for all the people of Nepal, especially for those belonging to ethnic minority groups, Dalits, women, children, and minority religious group.

"I would like to see explicit mention of freedom to change one’s religion in the new constitution.”

CSW chief executive Mervyn Thomas said, “We welcome the revival of the peace process and the chance to finalise a new constitution by the end of August 2011.

"However, we are deeply concerned that proposals for both the new constitution and the new penal code replicate the anti-conversion model from India, which violates the right to freedom of religion, and fosters discrimination and violence against religious minorities.

"We urge the Government of Nepal to stop going down a road which will see significant restrictions on religious freedom.”