A Comparison of the 2003 and 2004 U.S. Department of State International Religious Freedom Reports

Interfaith Relations

2003
"Despite generally amicable relations among persons of different faiths, there has been occasional resistance by Buddhists to Christian church activity, and in particular to the activities of evangelical Christian denominations. While the courts generally have upheld the right of evangelical Christian groups to worship and to construct facilities to house their congregations, the State limits the number of foreign religious workers granted temporary residence permits."

2004
"There has been an increase in violent resistance by some Buddhists to Christian church activity, in particular against evangelical groups. While previously the courts generally upheld the right of Christian groups to worship and to construct facilities to house their congregations, a Supreme Court decision promulgated in August 2003 ruled against recognizing a Roman Catholic group and determined that its medical services constituted allurement; the group has appealed the ruling to the UN High Commissioner for Human Rights. At the same time, the Supreme Court ruled that the Constitution supports the right of individuals to practice any religion; however, it does not support the right to proselytize. The Supreme Court rulings have not become law; during the period covered by this report, they were not enforced and groups were not prosecuted for proselytizing. The decisions may, however, have increased societal tensions in some localities."

Initially, Buddhists harass Christians only when they are proselytizing. Later, mobs begin to attack Christians simply because of their association with a certain faith. The Sri Lankan Supreme Court previously upheld the rights of Christians, but now restricts them from doing anything that could be interpreted as a public profession of faith.

2003
"Some evangelical Christians, who constitute less than 1 percent of the population, have expressed concern that their efforts at proselytizing often are met with hostility and harassment by the local Buddhist clergy and others opposed to their work. In April two Christians were physically assaulted by a Buddhist monk. They sometimes complain that the Government tacitly condones such harassment, but there is no evidence to support this claim. The Assemblies of God claims that it continues to face opposition at the local level in many areas but states that legal action or the threat of legal action generally has resulted in the church being allowed to construct facilities for its congregations and conduct worship services."

2004
"During the period covered by this report, Christians encountered increased harassment and physical attacks by local Buddhists who felt threatened by these groups. Some Christian groups complained that the Government tacitly condoned harassment and violence; however, the Government at all levels publicly condemned these attacks. In some cases, police response was inadequate, and local police officials reportedly were reluctant to take legal action against Buddhist monks involved in the attacks. NGOs have reported that in the majority of cases the police failed to protect churches and citizens from attacks. However, in some instances, police officials have investigated and arrested individuals in connection with attacks on churches."

Attacks become much more violent, especially after the death of a popular Buddhist monk (from natural causes) fuels hatred against Christians. Police were often reluctant to take action against Buddhist monks involved in many of the attacks, although government intervention helped the police to make about a dozen arrests. Local government officials sometimes take part in the attacks on Christians.

Government Commitment to Religious Liberty

2003
"The Constitution gives Buddhism a 'foremost position,' but it also provides for the right of members of other faiths to practice their religions freely, and the Government generally respects this right in practice."

2004
"The Constitution gives Buddhism a 'foremost position,' but it also provides for the right of members of other faiths to practice their religions freely. The Government officially respects this right; however, in practice there was an overall deterioration in religious freedom."

Buddhism has never been the state religion, but is very much part of Sri Lanka's national identity. Though the government publicly endorses the right to practice any religion, there has been increased persecution of Christians by ordinary citizens.

2003
"There are separate ministries in the Government, led by different ministers, that address religious affairs. These include: The Ministry of Buddha Sasana ('clergy'), the Ministry of Muslim Religious Affairs, the Ministry of Hindu Affairs, and the Ministry of Christian Affairs. Each of these ministries has been empowered to deal with issues involving the religion in question."

2004
"There are separate ministries in the Government that address religious affairs…The Ministry of Christian Affairs vocally condemned attacks on Christians; however, following the change of Government in April, it was less publicly active."

Each of Sri Lanka's four major religions is supposed to be overseen in a way that promotes equality for all four. Recently the Ministry of Christian Affairs has become less vocal, and the Minister of Buddha Sasana himself presented a bill that would make it any conversions illegal.

2003
"In January a bill intended to curb religious conversions of Hindus was drafted and presented to the Cabinet. As of the end of the reporting period, the bill was still under review."

2004
"In May an MP of the Jathika Hela Urumaya (JHU) party presented a draft anti-conversion bill as a private member's bill, and, shortly after the end of the period covered by this report, presented the bill to Parliament formally. Several Christian groups have expressed concern that the draft law violates their constitutional right to practice their religion freely and have submitted Supreme Court petitions challenging it. While the potential legislation sparked intense discussion, it has yet to be approved by Parliament or endorsed by the Government. In June the Minister of Buddhist Affairs presented a separate draft anti-conversion bill to the Cabinet. It was not formally approved, but it was sent to the Attorney General for review, which was ongoing at the end of the period covered by this report. The bills are substantially similar. Each is intended to prohibit the conversion of a person from one religion to another. The private member bill limits the prohibition to only "forcible" conversions, while the ministerial bill attempts to make illegal any religious conversions. Both bills carry penalties, including fines or jail sentences, for anyone convicted of conversion or assisting in conversion. The private member bill has heavier penalties for converting women and children; however, the ministerial bill has stronger penalties only for children. The ministerial bill holds that each member of a group may be guilty of converting and that any foreigner found guilty under this act shall be declared "persona non grata." There has been considerable public discussion of the bills; however, senior government officials have not supported either bill publicly, and the draft bill presented by the Minister of Buddhist Affairs will not be enacted automatically."

Though bills must undergo extensive review in Sri Lanka, the appearance of several pieces of anti-conversion legislation in the past year indicates a worrisome trend. The bills are very restrictive in their wording and harsh in their punishment. (Those convicted of converting people can be imprisoned for up to seven years and fined up to 500,000 rupees- almost 5 ½ times the average yearly income).

2003
"Christian denominations must fill out and submit forms in order to be recognized as corporations. This gives them legal standing in Sri Lanka to be treated as corporate entities in their financial and real estate transactions. There is no tax exemption for religious organizations as such. However, churches and temples are allowed to register as charitable organizations and therefore are entitled to some tax exemptions."

2004
"On August 1, 2003, the Supreme Court ruled publicly against an incorporation petition by the Teaching Sisters of the Holy Cross of the Third Order of Saint Francis. The court denied the petition, claiming that the order could not be incorporated if it were involved in proselytization and providing material benefit. Several Christian groups and nongovernmental organizations (NGOs) claim that such a ruling would in effect limit their ability to provide services to the citizens of the country. The religious order submitted an appeal to the UN High Commissioner on Human Rights (UNHCHR) in February. In April the UNHCHR asked the Government to provide a response. The Government raised technical objections, and the UNHCHR said that it would review the appeal, based on both the substantive issues and the technical objections; a response was expected in August."

The Sri Lankan Supreme Court rules that although the constitution allows freedom of religion, it does not support proselytism. However, the definition of what constitutes "proselytism" is so broad that religious groups offering basic services are now accused of proselytizing.

2003
"The Government has established councils for interfaith understanding."

2004
"The Government has placed renewed emphasis on the work of national councils for interfaith understanding in the wake of the attacks on Christian churches and evangelical groups' property."

Alarmed by recent attacks, former PM Wickremesinghe convenes regular meetings of all four religious ministers. He also establishes religious "amity committees" around Sri Lanka, but after a promising start, participation in his programs dwindles, and religious persecution continues.

2003
"Foreign clergy may work in the country, but for the last three decades, the Government has taken steps to limit the number of foreign Christian religious workers given temporary work permits. Permission usually is restricted to denominations that are registered formally with the Government."

2004
"Foreign clergy may work in the country, but for more than three decades, the Government has taken steps to limit the number of foreign Christian religious workers given temporary work permits. Theoretically, there is a certain number of work permits issued for each religious denomination; however, in practice this policy has not been followed recently, and foreign religious workers have been granted tourist visas."

Foreign religious workers previously allowed in on temporary work permits (valid for a year and renewable annually) are now restricted to tourist visas (valid ninety days, renewable up to one year).

2003
Four reported incidents (vandalism, threats and other crime). Two violent attacks on Christians.

2004
Twenty "violent attacks" in a span of four days in late December.
Forty- attacks within the first six months of the year.
Over a hundred attacks in the first nine months of the year; several dozen verified by diplomatic observers.

As time went on, perpetrators of attacks on Christians deliberately sought people out at church, work, or in their homes, and attacks became much more violent, frequent and destructive.

U.S. Government Response

2003
"The U.S. Embassy discusses religious freedom issues with the Government in the context of its overall dialog and policy of promoting human rights. Representatives of the Embassy regularly meet with representatives of all of the country's religious groups to review a wide range of human rights, ethnic, and religious freedom issues… The Embassy has been supportive of efforts by inter-faith religious leaders to promote a peaceful resolution of the conflict."

2004
"During the period covered by this report, Embassy representatives met repeatedly with government officials at the highest level, including with President Kumaratunga, to express the U.S. Government's concern about the attacks on Christian churches and to discuss the anti-conversion issue. On several occasions the Assistant Secretary for Human Rights, Democracy, and Labor and the Ambassador at Large for International Religious Freedom discussed the anti-conversion issue with the country's ambassador to the United States. The United States strongly supports the peace process launched by the Government, and the Embassy encourages the interfaith efforts by religious leaders to promote a peaceful resolution of the conflict. In meetings with clergy and officials in the religious ministries, Embassy representatives encouraged the dialogue and meetings that occur between religious leaders."

Once content to deal with religious issues in a greater context, the US government has been forced to make ending religious persecution a core issue in their diplomatic mission. Though previously a somewhat casual observer of Sri Lanka's efforts to promote interfaith harmony, the United States now takes an active role in attempting to resolve the religious conflict.

N.B.: "2003" refers to the 2003 reporting period, October 7, 2002 - December 18, 2003. "2004" is the 2004 reporting period, December 19, 2003 - September 15, 2004.