Date: Thursday 4 September 2003
Subj: Belarus: Resuscitating the Soviet Machine.
To: World Evangelical Alliance Religious Liberty News & Analysis
From: WEA RLC Principal Researcher and Writer, Elizabeth Kendal.
BELARUS: RESUSCITATING THE SOVIET MACHINE.
-----------------------------------------------------------------
OFFICIAL IDEOLOGY WILL PROVIDE IMMUNITY FROM "INFECTION"
- President Alyaksandr Lukashenka.
In a 27 March 2003 speech, Lukashenka said, "Ideology for a state is what the immune system is for a living organism. If the immune system grows weaker, any infection, even the slightest one, turns deadly." He added that the inculcation of an official state-controlled ideology into the country's citizens was essential to protect Belarus from any possible "infection".
RESUSCITATING THE SOVIET MACHINE
President Lukashenka has determined that he will impose his "official Belarusian ideology" on the people of Belarus. The official ideology is to be taught in schools, universities and workplaces; through the media and the Orthodox Church. (President Lukashenka describes himself as an "Orthodox atheist".)
According to Radio Free Europe/Radio Liberty (RFE/RL), "Lukashenka said the Belarusian state ideology should incorporate the 'basis' of the Soviet-era ideology." (RFE/RL Newsline14 Aug 2003) He has also described the Soviet system as good and something that should not have been abandoned. (Link 1)
On 13 August 2003 Lukashenka convened a conference to discuss a draft presidential decree "On the system of state governing bodies and other organizations carrying out ideological work in the Republic of Belarus". The Belarusian Review reports, "On the practical side, Lukashenka said he has already made the necessary appointments to put the entire ideological machinery into operation. Lukashena advised rectors of both state-run and private universities to get rid of professors and lecturers who oppose government policies or are 'wavering' in their opinions regarding the government's course. 'If you do not accept the ideas declared by the government and the president, do not apply to a state university for a job,' Lukashenka said explicitly." (Link 1)
On 1 September 2003, the new mandatory subject - The Basis of Belarusian Ideology - was introduced to all Belarusian state-run and private Universities.
Belarus' new official ideology will also be taught in the workplace. "Reaching man's soul and mind is a great art and a hard work," said Lukashenka, stressing that no unit of the society can do without a deputy director for political instruction. Lukashenka plans to employ several thousand ideological instructors to work on staff in all enterprises and organizations with more than 300 employees, and every state-run farm with more than 150 farmers. He says that in some cases, directors will combine the jobs of an ideologist and a leader.
SYMBIOTIC CHURCH STATE RELATIONSHIP
Taras Kuzio has written an article for the Foreign Policy Association entitled "Belarus: Consolidated Authority" (Link 2). In it, Kuzio comments on the symbiotic relationship between the Orthodox Church and the State.
Kuzio writes, "Along with the very evident attachment to the Soviet and Belarusian Soviet past and attitudes, is Lukashenka's eastern Slavic ideology. In this ideology, religion and language are critical--and both lead to Russia. As in Russia, the state church in Belarus is the Belarusian (i.e. Russian) Orthodox Church. Its Metropolitan, who answers to the patriarch in Moscow, regularly praises Lukashenka for his Russophile and pan-eastern Slavic ideology. And indeed, in January, Lukashenka described his state ideology not as Communist, but as 'Orthodox Christian'. He praised the Belarusian Orthodox Church for opposing 'destructive forces', cooperating with the authorities, and contributing to stability.
"'Numerous benefits' have been conferred on the church, and the state in return enjoys its cooperation. As Prime Minister Gennady Novitsky said after a new agreement with the church was signed on 15 June [12 June - EK], 'cooperation between the state and the Orthodox Church' has now been placed 'on a systematic level'."
Forum 18 has reported on this Church/State agreement. "An 'Agreement on Co-operation between the Republic of Belarus and the Belarusian Orthodox Church' was signed on 12 June by Prime Minister Gennadi Novitsky and Metropolitan Filaret (Vakhromeyev) of Minsk and Slutsk, who reportedly hailed it as 'a blank cheque to develop co-operation programmes with all branches of power'."
According to Forum 18, "the agreement endorses collaboration between the Orthodox Church and the Ministries of Education, Culture, Health, Labour, Information, Internal Affairs, Defence, Natural Resources, and the Ministry for Emergencies. The most significant (concept) is in Article 1, in which the state guarantees the Orthodox Church 'right of ecclesiastical jurisdiction on its canonical territory'." (This means that the Orthodox Church will have rights over all things religious in all of Belarus.) Church and state bodies will now work together in their common fight against "neo-cultic doctrines" and "pseudo-religious structures". (Link 3)
ANTI-SEMITISM
Kuzio also comments on the effect Lukashenka's pro-Soviet ideology has on Belarus' Jewish community. "The Soviet authorities in Soviet Belarus were particularly noted for their 'anti-Zionist' propaganda crusades, which were little more than thinly veiled anti-Semitism. Lukashenka's support for Arab rogue states is an outgrowth of his anti-Israeli ideology. Belarusian newspapers and publishers have also achieved a reputation for publishing anti-Semitic literature, including the notorious tsarist forgery, the Protocols of the Elders of Zion. Russian fascist parties, such as Russian National Unity, have been allowed to operate openly in Belarus and have been involved in violence against the opposition. The effect at street level is that the worst desecration of Jewish cemeteries and synagogues and expressions of race hate in the Commonwealth of Independent States have been in Belarus."
MEDIA
At his August ideology conference, Lukashenka emphasized the significant role of radio and television in this "struggle of ideologies". (Link 1)
On 2 September, RFE/RL reported that a media crackdown was underway in Belarus. "Zhanna Litvina, head of the Belarusian Union of Journalists, told RFE/RL she sometimes feels as if she is living in a time warp. Over the past two years, half of the country's independent media outlets have been shut down. Even Russian television and radio broadcasts, heavily watched due to their more balanced news coverage and better entertainment features, are having their local air time cut.
"'It would have been hard for me to imagine, say eight years ago, that this propaganda machine could be resuscitated to such a degree and that the methods used in communist times could be so easily taken up again. Belarus is an example of how easily this can be done, and it is dangerous,' Litvina said." (Link 4)
In an attempt to draw attention to their plight, Belarus's remaining independent journalists will stage a walkout on 19 September 2003 - the International Day of Solidarity With Journalists.
Not all those in Belarusian media are upset. Some agree with Lukashenka that the state alone should determine a citizen's ideology. Kuzio reports, "Ryhor Kisel, the head of State Channel 2 (and former head of State Channel 1), reportedly explained: 'We cannot allow the privatization of ideology, or subjects and objects of ideology. This should remain under the state's influence'." (Link 2)
CREATING AN OBEDIENT PEOPLE
RFE/RL reports, "Zhanna Litvina (head of the Belarusian Union of Journalists) believes that Lukashenka, now midway through his second term, is laying the groundwork for eliminating a constitutional ban on seeking a third mandate. 'It means that the president is very keen on controlling public opinion, to control the consciousness of the 10 million citizens of this country,' she said. 'There must be no dissent because at some key upcoming point, perhaps a referendum or a new presidential campaign, citizens will have to be obedient. And a person cannot make an informed choice when he or she is deprived of information.'" (Link 4)
According to RFE/RL, Tatsiana Protska, at the Belarusian Helsinki Committee, also believes the motivation is political. Opposition deputy Valery Frolov told Belarus Today, "Lukashenko is trying to subordinate the country so there will be no different opinions." (Link 5)
TOXIC LANGUAGE
The language of this campaign is toxic and ominous. Ideologies not in line with Lukashenko's will surely be deemed "infections", anti-state and dangerous. There will be campaigns against "privatisation of ideology" and friends of "liberal terrorists". ("liberal terror" - see link 1).
That this Soviet machine, which was once considered dead and buried, could be resuscitated so quickly is truly frightening and exceedingly dangerous nationally, regionally and possibly globally. Perestroika (openness) and the fall of Communism in Europe saw the subsequent embrace of freedom and growth of the evangelical Church. This resuscitation, which really amounts to national degeneration, is a world-class tragedy.
Elizabeth Kendal
Links
1) Returning to Good Old Ideology
By Jan Maksymiuk. Belarusian Review. 2 September 2003
archived in RFE/RL (April 2003, Volume
5, Number
12 - second article)
2) Belarus: Consolidated Authority
Foreign Policy Association 20 June 2003
http://www.fpa.org/newsletter_info2497/newsletter_info_sub_list.htm?section=Belarus
3) BELARUS: New concordat gives Orthodox enhanced status
Forum 18 News Service. 24 June 2003
By Geraldine Fagan, Moscow Correspondent
http://www.forum18.org/Archive.php?article_id=89
SEE ALSO
Belarus, Orthodox Church sign deal boosting Church's standing
MINSK June 13, 2003 (AP)
http://www.orthodoxnews.netfirms.com/22/Belarus,%20Orthodox%20Church.htm
4) Belarus: Authorities Launch Further Crackdown On Independent
Media, NGOs
By Jeremy Bransten. Prague, 2 September 2003 (RFE/RL)
http://www.rferl.org/nca/features/2003/09/02092003171152.asp
5) Lukashenko Orders Belarus Workers to Ideology Class
Belarus Today. 19 Aug 2003
http://www.belarustoday.info/news/news.php?id=17665&lang=eng
Thursday, September 4, 2003
Tuesday, August 26, 2003
Haiti: Boukman, Aristide, Voodoo and the Church.
Date: Tuesday 26 August 2003
Subj: Haiti: Boukman, Aristide, Voodoo and the Church.
To: World Evangelical Alliance Religious Liberty E-mail Conference
From: Elizabeth Kendal, Conference Moderator
Over the past decade there has been a marked rise in the use of religious nationalism as a political tool. Religious nationalism embodies a rejection of colonialism and the present trend towards the globalisation of culture (global Westernisation). So it is not uncommon these days for a political party or individual aiming to take power or struggling to hold on to power, to use to religious nationalism to gain popular support and dragnet the vote of the majority religion.
This has been the case with Hindu nationalism in India and Buddhist nationalism in Sri Lanka. It was inevitable that eventually African Traditional Religions such as voodoo would be promoted politically in the same way. In this regard, Haiti (in the Caribbean) is most certainly the nation to watch.
BOUKMAN AND OTHER RELEVANT HISTORY
As with all nationalism, some knowledge of history is crucial for understanding the present situation. "Hayti" (or mountainous land, as it was known by the original inhabitants, the Arawak Indians), was discovered by Christopher Columbus and named "Hispaniola"(Little Spain) in 1492. The Spanish colonised the island and under their rule the Arawak Indians were virtually annihilated. In 1697 the western portion of the island was ceded to France and named Haiti. (The eastern portion under Spanish rule became Saint-Domingue, now Dominican Republic.)
Haiti flourished under French rule and became invaluable as a resource for cocoa, cotton, sugar cane and coffee. By 1780, Haiti was one of the wealthiest regions in the world. The plantation system was however built upon the backs of vast numbers of slaves imported from West Africa.
Several consequences of this era provide the foundations for the present situation.
Since independence, Haiti has been in a continual state of political struggle and wracked with poverty.
PRESIDENT ARISTIDE, VOODOO & THE CHURCH
Haiti's current president, Jean-Bertrand Aristide, is a former Catholic priest who gained notoriety with the Catholic Church and popularity in Haiti in the late 1980s on account of his liberation theology.
Aristide was elected president in 1990, ousted in a coup in 1991, and re-elected as president in Nov 2000 (results disputed). He survived coup attempts in July and December 2001. November 2002 was marked by unrest and anti-government protests. The next elections are scheduled for later this year.
In light of the historic and political facts it is therefore very interesting that in April 2003, President Aristide made voodoo an official religion in Haiti (link 2) declaring, "voodoo is an essential part of national identity." (Link 3)
Haiti is reckoned as being 95% Christian (predominantly Catholic), but according to Catholic missionary John Hoet, Haitians "are 100% voodoo". (Link 4)
It is primarily the growing evangelical Christian Church in Haiti that is opposed to voodoo, actively working to bring people out of it and to help them find reconciliation with God and peace and strength through the Holy Spirit. (Link 5)
Christian Aid's 'Mission Insider' reported on 14 August 2003, "While some witch doctors want to renew the 200-year commitment to Voodoo, Christians are spear-heading a year-long prayer movement to 'take Haiti back from Satan', according to the HAVIDEC website. HAVIDEC (from the Creole for Haiti Vision for the Third Century) is 'a concerted effort of all the major churches, denominations, and Protestant organizations in Haiti to bring about a spiritual deliverance for Haiti on the occasion of the celebration of our country's 200 years of independence (1 January 2004)'."
ALARM BELLS
Several analysts have already surmised that Aristide's official recognition of voodoo is a political move to shore up popular support before the elections.
Los Angeles Times reporter Carol J. Williams found evidence to support that theory when she interviewed people in Haiti recently. (Link 3)
"Aristide is the only president in our history who has done something for us," said one voodoo practitioner. "We will stay with him forever and perform every ceremony necessary to keep him in power. We will not negotiate with any country on this, no matter how much pressure they put on us. We will eat rocks if we have to, as long as we can keep him in power."
Williams says, "Legitimising voodoo has strengthened Aristide's image as a man of the people and probably has enhanced popular support for the rumoured bid by the former Roman Catholic priest to amend the constitution so he can seek a now-prohibited third term as president.
"By bestowing legitimacy on the African-origin religion, Aristide, the beleaguered president of this poorest of Western countries, has signalled to his people that they should be proud of their African heritage, not forced to subvert it under the religious practices of the European Christians who once repressed them."
There is concern that the promotion of voodoo as "an essential part of national identity", could signal danger for evangelical Christians. Williams quotes one Haitian as saying, "Voodoo has done everything for Haiti. It gave us our independence, while the imported religions held us by the throat."
Christian Aid reported recently (14 August), "One ministry spokesman in northern Haiti said five of its pastors had been murdered recently. He blamed it on the strong influence of Voodoo in the area. No other details were available." This report, from a highly trusted and reliable source, is being further investigated.
- Elizabeth Kendal
Links
1) New Beginnings 2004. Youth With A Mission
http://www.ywam-haiti.org/features/2004.asp
2) "Haiti makes voodoo official" BBC 30 April 2003
http://news.bbc.co.uk/2/hi/americas/2985627.stm
3) "Official recognition of voodoo in Haiti stirs enthusiasm,
concern." By Carol J. Williams, Los Angeles Times, 6 Aug 2003
http://www.boston.com/dailyglobe2/218/nation/Official_recognition_of
_voodoo_in_Haiti_stirs_enthusiasm_concern+.shtml
4) "Voodoo's spell over Haiti" By Nick Caistor
In Port-au-Prince, Haiti 4 Aug 2003
http://news.bbc.co.uk/2/hi/americas/3122303.stm
5) "Voodoo pilgrimages draw thousands" 26 July 2003
By Michael Norton, from Plaine du Nord, Haiti (AP)
http://www.centredaily.com/mld/centredaily/news/6392819.htm
Subj: Haiti: Boukman, Aristide, Voodoo and the Church.
To: World Evangelical Alliance Religious Liberty E-mail Conference
From: Elizabeth Kendal, Conference Moderator
Over the past decade there has been a marked rise in the use of religious nationalism as a political tool. Religious nationalism embodies a rejection of colonialism and the present trend towards the globalisation of culture (global Westernisation). So it is not uncommon these days for a political party or individual aiming to take power or struggling to hold on to power, to use to religious nationalism to gain popular support and dragnet the vote of the majority religion.
This has been the case with Hindu nationalism in India and Buddhist nationalism in Sri Lanka. It was inevitable that eventually African Traditional Religions such as voodoo would be promoted politically in the same way. In this regard, Haiti (in the Caribbean) is most certainly the nation to watch.
BOUKMAN AND OTHER RELEVANT HISTORY
As with all nationalism, some knowledge of history is crucial for understanding the present situation. "Hayti" (or mountainous land, as it was known by the original inhabitants, the Arawak Indians), was discovered by Christopher Columbus and named "Hispaniola"(Little Spain) in 1492. The Spanish colonised the island and under their rule the Arawak Indians were virtually annihilated. In 1697 the western portion of the island was ceded to France and named Haiti. (The eastern portion under Spanish rule became Saint-Domingue, now Dominican Republic.)
Haiti flourished under French rule and became invaluable as a resource for cocoa, cotton, sugar cane and coffee. By 1780, Haiti was one of the wealthiest regions in the world. The plantation system was however built upon the backs of vast numbers of slaves imported from West Africa.
Several consequences of this era provide the foundations for the present situation.
- Firstly - the West African slaves brought with them the religious practices of voodoo.
- Secondly - the French colonial masters treated the slaves with such undue harshness they created hatred amid an already resentful environment.
- Thirdly - a class of "mulattos" (light skinned, sophisticated, Catholic, French-speaking Haitians) arose from the relations of the slave owners and the slaves. They were at odds with the dark-skinned, voodoo practising, Creole-speaking masses.
Since independence, Haiti has been in a continual state of political struggle and wracked with poverty.
PRESIDENT ARISTIDE, VOODOO & THE CHURCH
Haiti's current president, Jean-Bertrand Aristide, is a former Catholic priest who gained notoriety with the Catholic Church and popularity in Haiti in the late 1980s on account of his liberation theology.
Aristide was elected president in 1990, ousted in a coup in 1991, and re-elected as president in Nov 2000 (results disputed). He survived coup attempts in July and December 2001. November 2002 was marked by unrest and anti-government protests. The next elections are scheduled for later this year.
In light of the historic and political facts it is therefore very interesting that in April 2003, President Aristide made voodoo an official religion in Haiti (link 2) declaring, "voodoo is an essential part of national identity." (Link 3)
Haiti is reckoned as being 95% Christian (predominantly Catholic), but according to Catholic missionary John Hoet, Haitians "are 100% voodoo". (Link 4)
It is primarily the growing evangelical Christian Church in Haiti that is opposed to voodoo, actively working to bring people out of it and to help them find reconciliation with God and peace and strength through the Holy Spirit. (Link 5)
Christian Aid's 'Mission Insider' reported on 14 August 2003, "While some witch doctors want to renew the 200-year commitment to Voodoo, Christians are spear-heading a year-long prayer movement to 'take Haiti back from Satan', according to the HAVIDEC website. HAVIDEC (from the Creole for Haiti Vision for the Third Century) is 'a concerted effort of all the major churches, denominations, and Protestant organizations in Haiti to bring about a spiritual deliverance for Haiti on the occasion of the celebration of our country's 200 years of independence (1 January 2004)'."
ALARM BELLS
Several analysts have already surmised that Aristide's official recognition of voodoo is a political move to shore up popular support before the elections.
Los Angeles Times reporter Carol J. Williams found evidence to support that theory when she interviewed people in Haiti recently. (Link 3)
"Aristide is the only president in our history who has done something for us," said one voodoo practitioner. "We will stay with him forever and perform every ceremony necessary to keep him in power. We will not negotiate with any country on this, no matter how much pressure they put on us. We will eat rocks if we have to, as long as we can keep him in power."
Williams says, "Legitimising voodoo has strengthened Aristide's image as a man of the people and probably has enhanced popular support for the rumoured bid by the former Roman Catholic priest to amend the constitution so he can seek a now-prohibited third term as president.
"By bestowing legitimacy on the African-origin religion, Aristide, the beleaguered president of this poorest of Western countries, has signalled to his people that they should be proud of their African heritage, not forced to subvert it under the religious practices of the European Christians who once repressed them."
There is concern that the promotion of voodoo as "an essential part of national identity", could signal danger for evangelical Christians. Williams quotes one Haitian as saying, "Voodoo has done everything for Haiti. It gave us our independence, while the imported religions held us by the throat."
Christian Aid reported recently (14 August), "One ministry spokesman in northern Haiti said five of its pastors had been murdered recently. He blamed it on the strong influence of Voodoo in the area. No other details were available." This report, from a highly trusted and reliable source, is being further investigated.
- Elizabeth Kendal
Links
1) New Beginnings 2004. Youth With A Mission
http://www.ywam-haiti.org/features/2004.asp
2) "Haiti makes voodoo official" BBC 30 April 2003
http://news.bbc.co.uk/2/hi/americas/2985627.stm
3) "Official recognition of voodoo in Haiti stirs enthusiasm,
concern." By Carol J. Williams, Los Angeles Times, 6 Aug 2003
http://www.boston.com/dailyglobe2/218/nation/Official_recognition_of
_voodoo_in_Haiti_stirs_enthusiasm_concern+.shtml
4) "Voodoo's spell over Haiti" By Nick Caistor
In Port-au-Prince, Haiti 4 Aug 2003
http://news.bbc.co.uk/2/hi/americas/3122303.stm
5) "Voodoo pilgrimages draw thousands" 26 July 2003
By Michael Norton, from Plaine du Nord, Haiti (AP)
http://www.centredaily.com/mld/centredaily/news/6392819.htm
Friday, August 15, 2003
Sri Lanka: no right to 'propagate religion'
Date: Friday 15 August 2003
Subj: Sri Lanka: The Church's Darkest Hour
To: World Evangelical Alliance Religious Liberty E-mail Conference
From: Elizabeth Kendal, Conference Moderator
The situation for Christians in Sri Lanka is deteriorating rapidly. Only around one percent of Sri Lankans are evangelical Protestant Christian. The evangelical Church has grown in the past two decades. This is virtually exclusively due to the tireless ministry of indigenous Sri Lankan church planters and local personal witness.
The report below was prepared by the National Christian Evangelical Alliance of Sri Lanka. It is deeply disturbing. Sri Lanka's Supreme Court has ruled that although it is permissible under Article 10 and 14(1)e of the Constitution for a person to manifest, observe and practice one's religion, that does NOT guarantee a fundamental right to propagate religion.
The Supreme Court also ruled that as Buddhism is the State religion, it is unconstitutional for Christian organizations that propose to carry out proselytization of the Christian faith to be able to be incorporated under an Act of Parliament. The Court further concluded that clauses 3 (right to observe and practise a religion) and 5 (right to hold property) of Sri Lanka's Incorporation Bill are unconstitutional, because (it reasoned) if a Christian organisation owns property, that might induce others to convert, thus violating their freedom of religion.
On top of all this, the progression of Sri Lanka's Anti-Conversion Bill (modelled on the Anti-Conversion Ordinance of Tamil Nadu, India) appears to be gaining momentum.
- EK
---------------------------------------------------------
SRI LANKA'S CHURCH - THE DARKEST HOUR
--------------------------------------------------------
- from the National Christian Evangelical Alliance of Sri Lanka
Recent developments and trends affecting Religious Freedom:
1) Anti-Conversion Law - a new twist
The past two weeks have revealed a new development in the proposed Anti-Conversion Bill issue. Minister W.J.M. Lokubandara who is the Minister of Buddhism and Legal Reform has now taken up the cause and has formally announced on the electronic media that he will be presenting the anti-conversion Bill. As a senior Minister of the Cabinet and a stalwart of the governing party, Minister Lokubandara wields considerable power and influence.
Initially, it was Minister of Hindu Cultural Affairs Mr. Maheswaran, who championed the cause for an anti-conversion Bill, after his return from a visit to the Indian State of Tamil Nadu in November 2002. By July 2003, the draft legislation, modelled on the Tamil Nadu Bill was sent to the Attorney General's office (in keeping with procedure) prior to being presented in Parliament.
It is unclear whether Minister Lokubandara will be presenting Minister Maheswaran's draft or a different draft of the Bill.
2) Right of Incorporation and Constitutional Guarantees.
Within the past two years, three petitions have come up before the Supreme Court of Sri Lanka challenging the right of Christian ministries to be incorporated under an Act of Parliament. The third and latest judgment was delivered by the Supreme Court last week against the 'Provincial of the Teaching Sisters of the Holy Cross of the Third Order of St. Francis in Menzingen of Sri Lanka' - which is a Catholic Ministry.
(According to a news report in the Sunday Times newspaper on 10th August 2003) The Supreme Court, interpreting Article 10 and 14(1)e of the Constitution, ruled that although it was permissible under our Constitution for a person to manifest, observe and practice ones religion, it does not guarantee a fundamental right to propagate religion.
Article 9 of the Constitution guarantees Buddhism the foremost place and accordingly, casts a duty upon the State to protect and foster Buddhism. The Supreme Court held that the purpose of the ministry in question "the spread of knowledge of the Catholic religion and to impart religious, educational and vocational training to youth" (clause 3) is inconsistent with Article 9 of the Constitution; and therefore denied the right of incorporation. The object of clause 3 was seen as a threat to the very existence of Buddhism.
They further held that clause 3 and 5 in the incorporation Bill are unconstitutional. Clause 5 deals with the right of holding and receiving property both movable and immovable and or the power of disposing of such property. The court stated that this clause when combined with the objective of observance and practice of a religion or belief (clause 3), would necessarily result in imposing upon people who are defenceless, vulnerable or in need, improper pressure and inducement to adopt a religion or belief. This they stated, would violate Article 10 of the Constitution which guarantees the freedom of adopting a religion or belief.
The 3 judge bench consisted of Justice Shirani Bandaranayake, Justice H.S. Yapa and Justice Nihal Jayasinghe.
Minister Lokubandara, calling a press conference a day after the judgment was announced in Parliament, stated "this is a clear judgment. It will give us the legal backing to stop this kind of (*unethical conversion) activity carried out in the name of religion".
* The constant accusation levelled against the evangelical churches is 'unethical conversion'. So much so that the words 'unethical conversion' has become synonymous with 'conversion'. The accusation is that conversion is carried out by duping the poor to embrace a foreign religion by tempting them with material benefits and money.
The judgment and interpretation of Articles 9, 10 and 14 (1) (e) as applied by the learned justices in this case, form a dangerous precedent of law for all lower courts.
In the previous two judgments against 'Sahanaye Doratuwa' ministry in 2002 and 'New Harvest Wine Ministries' in January 2003, the Chief Justice ruled that incorporation of a Christian organization that proposes to carry out proselytization of the Christian faith is unconstitutional.
The collective effect of all the above developments predict a very dark time ahead for the Church in Sri Lanka. The Supreme Court decisions will definitely be a strong platform for launching the anti-conversion Bill.
Subj: Sri Lanka: The Church's Darkest Hour
To: World Evangelical Alliance Religious Liberty E-mail Conference
From: Elizabeth Kendal, Conference Moderator
The situation for Christians in Sri Lanka is deteriorating rapidly. Only around one percent of Sri Lankans are evangelical Protestant Christian. The evangelical Church has grown in the past two decades. This is virtually exclusively due to the tireless ministry of indigenous Sri Lankan church planters and local personal witness.
The report below was prepared by the National Christian Evangelical Alliance of Sri Lanka. It is deeply disturbing. Sri Lanka's Supreme Court has ruled that although it is permissible under Article 10 and 14(1)e of the Constitution for a person to manifest, observe and practice one's religion, that does NOT guarantee a fundamental right to propagate religion.
The Supreme Court also ruled that as Buddhism is the State religion, it is unconstitutional for Christian organizations that propose to carry out proselytization of the Christian faith to be able to be incorporated under an Act of Parliament. The Court further concluded that clauses 3 (right to observe and practise a religion) and 5 (right to hold property) of Sri Lanka's Incorporation Bill are unconstitutional, because (it reasoned) if a Christian organisation owns property, that might induce others to convert, thus violating their freedom of religion.
On top of all this, the progression of Sri Lanka's Anti-Conversion Bill (modelled on the Anti-Conversion Ordinance of Tamil Nadu, India) appears to be gaining momentum.
- EK
---------------------------------------------------------
SRI LANKA'S CHURCH - THE DARKEST HOUR
--------------------------------------------------------
- from the National Christian Evangelical Alliance of Sri Lanka
Recent developments and trends affecting Religious Freedom:
1) Anti-Conversion Law - a new twist
The past two weeks have revealed a new development in the proposed Anti-Conversion Bill issue. Minister W.J.M. Lokubandara who is the Minister of Buddhism and Legal Reform has now taken up the cause and has formally announced on the electronic media that he will be presenting the anti-conversion Bill. As a senior Minister of the Cabinet and a stalwart of the governing party, Minister Lokubandara wields considerable power and influence.
Initially, it was Minister of Hindu Cultural Affairs Mr. Maheswaran, who championed the cause for an anti-conversion Bill, after his return from a visit to the Indian State of Tamil Nadu in November 2002. By July 2003, the draft legislation, modelled on the Tamil Nadu Bill was sent to the Attorney General's office (in keeping with procedure) prior to being presented in Parliament.
It is unclear whether Minister Lokubandara will be presenting Minister Maheswaran's draft or a different draft of the Bill.
2) Right of Incorporation and Constitutional Guarantees.
Within the past two years, three petitions have come up before the Supreme Court of Sri Lanka challenging the right of Christian ministries to be incorporated under an Act of Parliament. The third and latest judgment was delivered by the Supreme Court last week against the 'Provincial of the Teaching Sisters of the Holy Cross of the Third Order of St. Francis in Menzingen of Sri Lanka' - which is a Catholic Ministry.
(According to a news report in the Sunday Times newspaper on 10th August 2003) The Supreme Court, interpreting Article 10 and 14(1)e of the Constitution, ruled that although it was permissible under our Constitution for a person to manifest, observe and practice ones religion, it does not guarantee a fundamental right to propagate religion.
Article 9 of the Constitution guarantees Buddhism the foremost place and accordingly, casts a duty upon the State to protect and foster Buddhism. The Supreme Court held that the purpose of the ministry in question "the spread of knowledge of the Catholic religion and to impart religious, educational and vocational training to youth" (clause 3) is inconsistent with Article 9 of the Constitution; and therefore denied the right of incorporation. The object of clause 3 was seen as a threat to the very existence of Buddhism.
They further held that clause 3 and 5 in the incorporation Bill are unconstitutional. Clause 5 deals with the right of holding and receiving property both movable and immovable and or the power of disposing of such property. The court stated that this clause when combined with the objective of observance and practice of a religion or belief (clause 3), would necessarily result in imposing upon people who are defenceless, vulnerable or in need, improper pressure and inducement to adopt a religion or belief. This they stated, would violate Article 10 of the Constitution which guarantees the freedom of adopting a religion or belief.
The 3 judge bench consisted of Justice Shirani Bandaranayake, Justice H.S. Yapa and Justice Nihal Jayasinghe.
Minister Lokubandara, calling a press conference a day after the judgment was announced in Parliament, stated "this is a clear judgment. It will give us the legal backing to stop this kind of (*unethical conversion) activity carried out in the name of religion".
* The constant accusation levelled against the evangelical churches is 'unethical conversion'. So much so that the words 'unethical conversion' has become synonymous with 'conversion'. The accusation is that conversion is carried out by duping the poor to embrace a foreign religion by tempting them with material benefits and money.
The judgment and interpretation of Articles 9, 10 and 14 (1) (e) as applied by the learned justices in this case, form a dangerous precedent of law for all lower courts.
In the previous two judgments against 'Sahanaye Doratuwa' ministry in 2002 and 'New Harvest Wine Ministries' in January 2003, the Chief Justice ruled that incorporation of a Christian organization that proposes to carry out proselytization of the Christian faith is unconstitutional.
The collective effect of all the above developments predict a very dark time ahead for the Church in Sri Lanka. The Supreme Court decisions will definitely be a strong platform for launching the anti-conversion Bill.