Fading Belief: Addressing the Lacunae in the Right to Religious Worship in Sri Lanka

Abstract

This report aims to provide a comprehensive understanding of the current state of Freedom of Religion or Belief (FoRB) and registration of places of worship in Sri Lanka, highlighting areas where improvements are needed to ensure the protection of the fundamental human right. It comprises five integral sections. The first section defines FoRB as per international human rights standards and explores the right to establish and maintain places of worship within the broader FoRB framework within domestic law. The second section highlights challenges to FoRB, including reported violations such as attacks on religious groups and places of worship, along with obstacles in registration processes and case studies on registration requirements for places of worship. The third section examines the international framework for FoRB, encompassing relevant conventions and standards emphasising this human right. The fourth section focuses on the domestic framework in Sri Lanka, including the Constitutional provisions of FoRB as established in the 1978 Constitution and perti nent statutory provisions. The fourth section thereafter assesses the alignment of the circulars with prescribed limitations under the right to FoRB guaranteed by the Sri Lankan Constitution and their legal standing. The analysis delves into the requirement of registration of places of worship having a negative impact on the enjoyment of FoRB, and the legal standing of the circulars, which is the main focus of this report. Finally, the fifth section concludes the report by offering legal and policy recommendations with an eye to upholding the right to FoRB in Sri Lanka.