A proposal to make a constitutional amendment in Sri Lanka will be discussed by the national Parliament next week. The 19th Amendment was ruled unconstitutional by the Supreme Court in December 2004 and has been placed on the Parliamentary Order Paper for a Second Reading on 4 October.
Buddhism is conformed as the “foremost place” in Sri Lanka’s Constitution, but it does not recognise any one religion as the state religion. Article 10 of Chapter 3 of the Constitution protects religious freedom but the proposed 19th Amendment is heightening concerns that religious freedom could be violated.
If the proposal is to be amended, it would make Buddhism the “official religion” in Sri Lanka and stresses that “other forms of religions and worship may be practiced in peace and harmony with Buddha Sasana.”
While freedom of worship would be protected, “the exercise of worship shall not contravene public order or offend morals.” It would require Buddhists to raise their children as Buddhists and converting Buddhists to another religion will be banned.
These clauses “impose fetters on the freedom of worship of non-Buddhists" and "clearly undermine the religious freedom of Buddhists and violate the absolute freedom of religion granted to all citizens,” according to the National Christian Evangelical Alliance of Sri Lanka (NCEASL).
The Supreme Court had ruled that several clauses of the proposed amendment contradicted with the fundamental rights that are guaranteed in the Constitution.
It ruled that the 19th Amendment would require a two-thirds majority in Parliament and support in a referendum for it to be passed, according to Christian Solidarity Worldwide.
The proposed constitutional amendment, which would introduce anti-conversion legislation through the back door, would be a serious setback for religious freedom and human rights in Sri Lanka.
Alexa Papadouris, CSW’s Advocacy Director
“We are extremely concerned at this latest development,” said CSW’s Advocacy Director Alexa Papadouris.
“In recent years we have been monitoring these events very closely, and have highlighted our concerns over anti-Christian violence and proposed anti-conversion legislation. But the proposed constitutional amendment, which would introduce anti-conversion legislation through the back door, would be a serious setback for religious freedom and human rights in Sri Lanka.
"It also represents a clear breach of Sri Lanka's obligations under the International Covenant on Civil and Political Rights. We urge the Sri Lankan Parliament to defeat this proposal, and to uphold fundamental human rights.”
