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Bill soon in Parliament to curb unethical conversions
By Santhush Fernando
Buddhist and Hindu organisations and the Catholic Bishops’ Conference hold similar views regarding the move to present a Bill in parliament to curb unethical conversions. With the government deciding to look at this issue in depth the Buddha Sasana Minister W.J.M. Lokubandara had written to the Maha Sangha assuring them the Government would within the next 60 days introduce these laws.

The Minister gave this undertaking on December 30 following the fast-unto-death campaign led by Ven. Dr. Omalpe Sobitha Thera and Ven. Rajawatte Vappe Thera outside the Buddha Sasana Ministry. The Buddhist monks suspended the fast when the government represented by Ministers Lokubandara and Karu Jayasuriya held lengthy discussions with National Sangha Conference president Ven. Dr. Ellawala Medhanada Thera.

The Ministers had undertaken to gazette within fourteen days from December 30 the names of the twenty-member advisory council comprising monks from all three Nikayas with at least five monks representing the National Sangha Conference. They said the Bill would be presented as an 'Urgent Bill'.

Meanwhile the Prime Minister's office had announced that it had appointed a ministerial sub committee consisting of Ministers W.J.M. Lokubandara, John Amaratunga, T. Maheswaran, Karunasena Kodituwakku and Rauff Hakeem, to look into unethical conversions and legal and other steps necessary to curb this type of conversions. They are expected to consult dignitaries of all religious groups with a view to obtaining their views and the sub committee hopes to present its recommendations as soon as possible. It has also been decided to establish 'Religious Amity Committees’ at district and provincial levels in a bid to defuse the current religious tension and to prevent any type of religious conflicts rearing its ugly head in this already battered Island of ours.

In August last year the Supreme Court ruled that although it was permissible under our Constitution for a person to manifest his or her religion, propagating another's religion would not be permissible, as the Constitution does not guarantee the fundamental right to do so.

The bench comprising Justices Shirani Bandaranayake, H.S.Yapa and Nihal Jayasinghe ruled, that where there is no fundamental right to propagate, if efforts are taken to convert another person to one's own religion, such conduct could hinder the very existence of the Buddha Sasana which is to be given prominence by the State, under article 9 of the Constitution. What is guaranteed under Article 14(1)(e) of the Constitution is the manifestation, observance and practice of one's own religion while the propagation and spreading of Christianity as postulated in terms of clause three of the Bill in question, would not be permissible, as it would impair the very existence of Buddhism or the Buddha Sasana.

National Sangha Conference president Ven. Dr. Ellawala Medhanada Thera told The Sunday Times that although the Constitution says the Buddha Sasana be granted foremost place by the state, whole villages have been converted to Christianity using aid sent by western countries.

The Thera said that as Buddhists, they value religious tolerance and recognised one’s freedom to believe in any religion but converting to another religions by means financial inducements or social welfare should be prohibited by law as in many other countries.

The Thera said that although they were against fundamentalist Christian groups, they are not against traditional Christian churches. Ven. Medananda Thera said he had invited the Catholic Church to send a representative to the fast, if the statement issued by the Catholic Church denouncing fundamentalists was sincere.

Ven. Dr. Ellawala Medhanada Thera had unveiled a programme to inform the public about the work of the National Sangha Conference held at Buddha Sasana Ministry.

He said that there were 176 odd organisations registered under Company Act, and 159 prayer centres have been set up throughout the country, and are attempting to destroy the Buddha Sasana. The Auxiliary Bishop of Colombo, Rt. Rev. Dr. Marius Peiris, told The Sunday Times that the Catholic Church was totally against unethical conversions, as it was a hindrance to a person’s fundamental rights. He said the Catholic Bishops' Conference of Sri Lanka would meet when the Bill was ready and make its stand known on the Bill, after closely studying its clauses.

Batticaloa Bishop Rt. Rev. Dr. Kingsley Swampillai , said that the Roman Catholic Church along with other traditional churches have had longstanding amicable relations with other religious groups and said that unethical conversions was a danger to the Catholic Church as well.

In a statement issued on December 18, the Archbishop of Colombo Rt. Rev. Dr. Oswald Gomis, said "the Catholic Church is not bent on getting people of other religions converted by wrongful and illegitimate means"

Rev. Noel Fernando, President of the Methodist Church, which is a constituent member of the National Christian Council (NCC) of Sri Lanka, told The Sunday Times that the introduction of such a Bill, is not healthy as relegious freedom of an individual could be harmed as the Bill may be variously interpreted.

Anglican Bishop of Kurunegala the Rt. Rev. Kumar Illangasinghe who is also President of the NCC, the umbrella organisation of the other traditional churches - (Anglican, Methodist, Baptist, Salvation Army, Dutch Reformed, Presbyterian Churches and Church of South India - other than the Roman Catholic Church) was not available for comment.

Christian Affairs Minister John Amaratunga told The Sunday Times that extremist political groups were allegedly responsible for the religious strife in the country and also for the recent attacks on Churches.

He said that although the churches attacked were allegedly involved in unethical conversions, asked why the Roman Catholic and Anglican Churches were attacked as well. Mr. Amaratunga said the Police were lethargic in inquiring into complaints made by Churches that have been attacked.

Hindu Affairs Minister, T. Maheswaran, who had been in the forefront of the struggle to bring a Bill against unethical conversions, told The Sunday Times that Hindus are in solidarity with their Buddhist brothers regarding the Bill. He said to express that solidarity, he had organized a demonstration of about 200 Hindu priests from Jaffna, on January 9.

Buddha Sasana Minister W.J.M. Lokubandara told The Sunday Times that his Ministry would do everything possible to bring necessary legislation in due course.

Report of the Presidential Buddha Sasana Commission
The Buddha Sasana Presidential Commission Report made public in the final quarter of 2003, mentions under its aims and objectives that it was appointed to "to propose appropriate steps to prevent the registration, under various laws and acts, of individuals and/or groups having beliefs that are different to that of traditional religious institutions and as a result strategically bend the people to their beliefs."

It recommends "that appropriate steps be taken to prevent religious conflicts in future, as converting Buddhists to other religions by various means, have been violent at several instances", that "an act be brought to prohibit conversion and proselytising, by nonconformist provocative means and make it a penal offence under Penal Code", "the approval of the Interfaith Advisory Council - which constitutes of representatives of each religion, proportional to their population- be obtained for the registration of a new missionary or fundamentalist group"

" Sasanarakshaka councils be vested with authority to investigate into complaints of Buddhists being converted to other religions" " the termination of the licenses of organisations involved in proselytising Buddhists under the guise of social service".

The Buddha Sasana Presidential Commission Report lists 110 Christian Associations registered in the Department of Registrar of Companies. It specifically points out "World Vision Christian Organisation", "Assemblies of God (AOG)", "Jehovah's Witnesses", "Pentecostal Church" as being involved in conversions.

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