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

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SRI LANKA'S CHURCH - THE DARKEST HOUR
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- 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.

Bangladesh: Sytematic Persecution of Religious Minorities

Date: Thursday 31 July 2003
Subj: Bangladesh: Sytematic Persecution of Religious Minorities
To: World Evangelical Alliance Religious Liberty E-mail Conference
From: Elizabeth Kendal, Conference Moderator


On 1 October 2001, as U.S. and coalition forces were assembling in Pakistan in preparation for the bombing campaign in Afghanistan, Bangladeshis were heading off to vote in their national elections.

A massive voter swing ousted the secular Awami League, which had, with the people's mandate, created the secular, democratic state of Bangladesh by securing independence from Pakistan in 1971. Riding to victory on an enormous wave of Islamic fervour was the pro-Pakistan, pro-Islam, Bangladesh Nationalist Party (BNP). Support also rose dramatically for the pro-Shari'a, hardline Islamist Jama'at-e-Islami and Islami Oika Jote parties, which now rule in coalition with the BNP.

The election result was a massive protest vote against the forthcoming action of the coalition forces in what was being touted by Islamists as a "crusade against Islam". It was a vote for Muslim solidarity, and Bangladesh has not been the same since.

This posting details the serious situation for religious minorities in Bangladesh today. They are living in a state of terror amidst systematic, unrestrained persecution, as Islamists extort, rape, torture and kill with impunity.

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BANGLADESH: SYSTEMATIC PERSECUTION OF RELIGIOUS MINORITIES

The Guardian newspaper (UK) recently published an article on the persecution of religious minorities in Bangladesh entitled, "Rape and torture empties the villages" by John Vidal (21 July 2003).

Vidal reports, "Serious attacks on and persecution of religious minorities by Islamic fundamentalists are increasing." He continues, "Evidence is emerging that the oppression of minorities is becoming systematic."

Vidal quotes a leading Bangladesh lawyer as saying that the revival of fundamentalist Islam "is like a silent revolution. We are returning," he says, "to the dark ages. I think the backdrop is being created for the introduction of strict sharia laws. You see extremist rightwing fundamentalists infiltrating every professional area, in the appointment of the judiciary, the law, medicine and in education. They are capturing key positions in government, the universities and institutions."

According to Vidal, a serious incident took place in the village of Fhainjana. "A mob of 200 fundamentalists recently looted 10 Christian houses, allegedly assaulting many women and children. Christians were seriously beaten and others molested after refusing to give money to thugs in the village of Kamalapur, near Dhaka."

Vidal reports that many villages are said to be now empty of minorities. One man tells Vidal that all the Hindus have been driven out of his village of Sri Rumpur, near Khulna. "They have all been driven out by people threatening to torture them or demanding money," he says. "People who raise their voices are threatened. It's a kind of systematic ethnic cleansing."

The article also expresses the great concern of one leading Islamic scholar. "'What we are seeing is the Talibanisation of Bangladesh,' Maolama Abdul Awal, former director of the Bangladesh Islamic Foundation, said. 'If we allow them to continue ... [minorities] will be eliminated. Bangladesh will become a fascist country'."

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The World Evangelical Alliance (WEA) listed Bangladesh as a Country of Special Concern in its annual report to the United Nations Commission on Human Rights (April 2003). The WEA UN Report details the same strategy of persecution - extortion, torture, rapes, and killings.

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EXCERPT FROM THE WEA UN REPORT (APRIL 2003)

Up to 50 Christian families in Chatiangacha village in the western district of Natore, have been targeted for extortion. Reports in the daily 'Janakantha' newspaper of Bangladesh suggest that Islamist fundamentalists are behind a series of incidents during which men arrive on motorbikes and call out the family name of their victims. The family is then usually given between a week and ten days to raise between £150 and £300 or the daughter is forced to sleep with the men. The residents of Chatiangacha have complained to Boraignam Jubodol, a right-wing Islamist group, but to no avail. Jimmy Koraiya, who lives in the village, has been visited by the men on motorbikes who have called for his high school-age daughter three times. "What kind of country is this?" he asks. "If I can't give money, I have to give them my daughter."

In Bonparha Market area, also in Natore district, religious minorities are forced to pay huge fines to be released from false charges. The local BNP has also reportedly built a torture chamber to make victims confess to false charges. Islamic fundamentalist groups have used false papers to drive thousands of Hindus and Christians off their land. In the south-eastern Chittagong division, 30 Hindu families have been evicted and one Hindu killed. In other districts, minorities are forced to convert to Islam at knifepoint. Dr. Deb Lal Dakua, a Hindu from Nazirpur in the southern Pirojpur district, was forcibly circumcised on November 11 by a group of extremists. He was also told to pay £730 (INR 50,000) within seven days or face death. Minorities are concerned by the rise of Islamic fundamentalism in Bangladesh. When the BNP was last in power, between 1991 and 1996, there was considerable violence against religious minorities. During that time, the Jama'at-e-Islami (JI) attempted to table a Blasphemy Bill, which was discriminatory against religious minorities.

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- Elizabeth Kendal

Iraq: The IGC and the Battle for Iraq.

Date: Monday 28 July 2003
Subj: Iraq: The IGC and the Battle for Iraq.
To: World Evangelical Alliance Religious Liberty E-mail Conference
From: Elizabeth Kendal, Conference Moderator


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IRAQ GOVERNING COUNCIL (IGC)
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THE POWER OF SCIRI

SCIRI, (Supreme Council for the Islamic Revolution in Iraq) is an Iran-backed Iraqi Shi'a resistance and opposition group that formed in exile in Iran more than 20 years ago. SCIRI also has an Iran-funded and armed militant wing known as the Badr Brigade. SCIRI only recently returned to Iraq but is now Iraq's largest and most well organised Shi'a political organisation.

SCIRI initially rejected the IGC as U.S.-appointed, and therefore undemocratic. However, a day of tough negotiations on 12 July 03 saw the U.S. administration yield to SCIRI's demands in order to secure SCIRI participation on the IGC.

In a 10 June Radio Free Europe/Radio Liberty (RFE/RL) article, Mowaffak al-Rubaie, an independent Shi'a activist in London, reported that SCIRI had made a strategic decision to be part of the post-Hussein system in Iraq, and that through its initial rejection of the IGC, it hoped to win greater veto power over who was selected. "I don't think they wanted to be outside the process of democratisation in Iraq," al-Rubaie said. "I think they want to be part and parcel of it, but a major player. The difference is over how major a player [SCIRI] will be."

Al-Rubaie said the reason for SCIRI's determination to remain inside the system is its conviction that it can use the democratic process in Iraq to successfully advance its aims. He said the group wants to first win majority representation for the Shi'a community, which makes up some 60 percent of the Iraqi population, then use its access to the Iraqi media and other institutions to persuade Iraqis to adopt a more Islamic system of government.

As predicted by Al-Rubaie, one of SCIRI's demands was that the IGC be majority Shi'a, while another demand was the replacement of two candidates. The U.S. conceded and SCIRI came on board. The media touted this as a "dramatic U-turn by SCIRI", and hailed it as a victory for the U.S. administration and the IGC. In reality however, it was a strategic victory for SCIRI.

SCIRI has already stated that its intention is to "enforce the Islamic order", and call for the imposition of Sharia (Islamic law) and for Islamic religious leaders to decide important questions of state, based upon interpretations of religious principles. (RFE/RL 4 June)

UPHILL BATTLE FOR LIBERALS

The IGC has won measured support at the United Nations. Secretary-General Kofi Annan said the Governing Council's formation is "an important first step toward the full restoration of Iraqi sovereignty." He then warned, "There is an overwhelming demand for self-rule, and democracy cannot be imposed from the outside."

At a press conference after his UN debut, Ahmad Chalabi said that Iraq faced two main challenges in drafting a new constitution -- determining the role of Islam and guaranteeing the rights of non-Arabs, especially Iraq's large Kurdish population. "We look forward to a process where we can separate religion from politics," he said.

Meanwhile, both Shi'ites and Sunnis inside Iraq continue to protest against the IGC, saying they will reject a constitution that does not come from a democratically elected body.

On 1 July, Iraq's leading Shi'a cleric, Grand Ayatollah Ali al-Sistani, issued a fatwa (religious decree) attacking U.S. plans for a new constitution. The Grand Ayatollah says the constitution should be written by a democratically elected constitutional drafting committee, that can "uphold the Iraqi people's interests and express their national identity which is founded on Islam and lofty social values".

Another leading Shi'a cleric, Sayed Muqtadabal-Sadr, has rejected the IGC and called for the creation of an "Islamic army" that would answer to religious leaders. He is also threatening to establish a parallel Islamic government and a parallel Islamic constitution.

Sunnis meanwhile, are protesting that the Shi'a majority makes the IGC "sectarian".

Not all Iraq's neighbours are supportive of the IGC either. According to IGC representative Ahmad Chalabi, the IGC's attempt to take over Iraq's UN seat on Tuesday was derailed by "the reservations of some of our neighbours." He did not specify which countries were involved, but a source close to the delegation pointed to Syria, a member of the UN Security Council, as part of the problem.

RELIGIOUS FREEDOM

Noah Feldman, author of "After Jihad: America and the Struggle for Islamic Democracy" and a former senior adviser for constitutional law to the Office of Reconstruction and Humanitarian Assistance in Iraq, believes democracy and Islam are compatible.

The point remains though, that Islam, when governed by Shari'a, is not compatible with religious freedom - religious freedom being full rights to freedom of belief (including freedom to convert) and freedom to exercise that belief. Yet Noah Feldman says many "Islamic democrats in Iraq" are presently calling for a system where citizens will be free to express their own choices in the realms of religion and politics.

The product of democracy can only be as good as the foundations upon which it is built. And so the battle between the liberals and the Islamists, for the hearts and minds of the Iraqi people, begins. Presently, the liberals appear to be swimming against the tide.

- Elizabeth Kendal