Sri Lanka – LKA39361 – Inter-faith Marriage – Apostasy – Muslims
Transcrição
Sri Lanka – LKA39361 – Inter-faith Marriage – Apostasy – Muslims
Country Advice Sri Lanka Sri Lanka – LKA39361 – Inter-faith Marriage – Apostasy – Muslims – State Protection 10 October 2011 1. Is inter-faith marriage accepted in Sri Lanka? The US Department of State reports that religious discrimination in Sri Lanka is much less common than ethnic discrimination. Various religious groups are generally tolerant of each other‟s religious beliefs.1 Nevertheless, a number of sources indicate that inter-faith marriages in Sri Lanka are not readily accepted by the family members of the couple, or by the wider society.2 A 2003 paper stated that “[m]ixed marriages have not been accepted easily in Sri Lanka by some sectors of the population”. Although mixed marriages involving various ethnicities, religions, and castes have existed in Sri Lanka for many years, they constitute a minority and, in some cases, the couple can be subject to social isolation.3 Similarly, the 1997-2001 edition of The International Encyclopedia of Sexuality states that inter-caste and inter-ethnic marriages, while legally sanctioned, are socially unacceptable. The partners involved in a mixed marriage may be ostracised by their families. Such unions are most likely to occur among the Westernised elite, where cultural, ethnic and religious identities are not as strong. Inter-caste and inter-ethnic marriages are reportedly extremely rare and constitute less than 1 per cent of all Sri Lankan marriages.4 Catholic Tamil parents in Sri Lanka have reported concerns about the potential loss of traditional customs, language and culture when their children married people of different faiths or nationalities. Difficulties may arise as marriages in Sri Lanka traditionally unite the families of both partners.5 A Sri Lankan counsellor also highlights the difficulties that extended families can pose in a mixed marriage, stating that religious differences create the most emotional upheaval, particularly when the couple is pressured to determine the faith of their children.6 1 US Department of State 2011, International Religious Freedom Report for 2010 (July-December) – Sri Lanka, 13 September, Section III 2 Tagore-Erwin, M. (undated), „Mixed Marriages Part III‟, Vivaaha website, source: Hinduism Today http://www.vivaaha.org/newpage12.htm – Accessed 5 October 2011 3 Immigration and Refugee Board of Canada 2003, LKA41788.E – Sri Lanka: Societal treatment of interracial couples in Colombo, particularly between Tamils and the Sinhalese, 6 August 4 De Munck, V. C. and Weerakoon, P. 1997-2001, „Sri Lanka‟, in Francoeur, R. T., The International Encyclopedia of Sexuality: Volume I – IV 1997-2001, The Continuum Publishing Company, New York, Humboldt University Berlin website http://www2.hu-berlin.de/sexology/IES/srilanka.html – Accessed 5 October 2011 5 „Parents worry loss of identity through mixed marriages‟ 2010, UCA News, 30 December http://www.ucanews.com/2010/12/30/parents-worry-loss-of-identity-through-mixed-marriages/ – Accessed 5 October 2011 6 „Mixed and matched‟ 2002, The Sunday Times Mirror Magazine, 3 March http://sundaytimes.lk/020303/mirror4.html – Accessed 5 October 2011 Page 1 of 6 A number of sources indicate that inter-faith marriages are rare in Sri Lanka. The Socialist Review reported in July 2009 that “out of a population of over twenty million people, less than one hundred inter-faith marriages have been recorded every year over the last few decades”.7 A recent field study on the situation for religious minorities in Sri Lanka, conducted by the executive director of Canadian Lawyers Abroad, noted a decline in interfaith marriages since the end of the civil conflict in 2009.8 UCA News reported in December 2010 that although inter-faith marriages are not prevented by the Catholic Church in Sri Lanka, only five or six such marriages have been reported in the large parishes. However, one Catholic priest in Jaffna notes that this number is reportedly increasing.9 A February 2011 article in UCA News similarly reported that inter-faith marriages are increasing in Kandy, due in part to declining numbers of Catholics in the area. According to the report, 209 inter-faith marriages were recorded in the Kandy diocese in 2010, compared with 150 in 2009. Acceptance of inter-faith partnerships is also reportedly becoming more common. As a result of the rising trend, Buddhist leaders in the area are undertaking training in Catholic practices and mixed marriage issues in order to assist priests in their church duties.10 Furthermore, in a July 2009 article in the South Asia Intelligence Review, the author states that mixed marriages between Sinhalese, Tamils and Muslims are common in Sri Lankan society.11 2. Is there any country information that Sri Lankans who leave the Islamic faith are at risk of harm? Very little information was located on the likely treatment of Sri Lankans who leave the Islamic faith. Anti-conversion legislation which sought to criminalise „unethical‟ conversions was introduced in 2004 as a result of ongoing allegations by Buddhist extremists of forced conversions to Christianity. However, no action has been taken by parliament regarding the proposed law.12 A 17 year old Sri Lankan Muslim who converted to Christianity whilst living unlawfully in the United States (US), Rifqa Bary, has claimed that she will be harmed by her family for leaving Islam. Although her immediate family resides in the US, some commentators have indicated that Bary would also be at risk of harm if she is returned to Sri Lanka. Another Sri Lankan apostate in the US reportedly stated that Bary “will die in her society. Society won‟t leave her alone. Even if the family, Mother and Father has a little sympathy, but not society, society is worse because she has gone too far. The society will never leave the family in 7 „Sri Lank: Defeat sows seeds of future conflict‟ 2009, Socialist Review, International Socialist Organisation of Aotearoa/New Zealand website, Issue 29, 19 July http://www.iso.org.nz/socialist-review/archive/64-socialist-reviewissue-29/461-sri-lank-defeat-sows-seeds-of-future-conflict.html – Accessed 4 October 2011 8 McKenna, C. 2011, „Working with the Asia Foundation in Sri Lanka‟, Canadian Lawyers Abroad‟s Blog website, 23 August http://canadianlawyersabroad.wordpress.com/2011/08/23/working-with-the-asia-foundation-in-sri-lanka/ – Accessed 4 October 2011 9 „Parents worry loss of identity through mixed marriages‟ 2010, UCA News, 30 December http://www.ucanews.com/2010/12/30/parents-worry-loss-of-identity-through-mixed-marriages/ – Accessed 5 October 2011 10 „Lay trainees ease mixed marriage blues‟ 2011, UCA News, 23 February http://www.ucanews.com/2011/02/23/laytrainees-ease-mixed-marriage-blues/ – Accessed 5 October 2011 11 Singh, A. K. 2009, „Sri Lanka: Tainted Dawn‟, South Asia Intelligence Review, 13 July http: //satp.org/satporgtp/sair/Archives/sair8/8_1.htm – Accessed 22 July 2009 12 US Department of State 2011, International Religious Freedom Report for 2010 (July-December) – Sri Lanka, 13 September, Introduction, Section II Page 2 of 6 peace. They have to take a stand for this, because it is the shame. Rifqa has brought a shame for their religion and for their society”.13 Bary fled her home in Ohio in 2009 and was placed into foster care while her custody case was being heard in court.14 One article states that her legal team should have applied for protection in the US on her behalf, on the grounds that she will face harm upon return to Sri Lanka. The author claims that Bary‟s lawyer “admits that Rifqa „won‟t make it‟ if she is sent back to Sri Lanka, as she could be easily killed there because of her apostasy”.15 Bary attained permanent residency in the US in September 2010 after claiming that she was unable to reunite with her parents.16 17 3. Is there adequate state protection in Sri Lanka for persons who are threatened by nonstate actors for religious reasons? Buddhism is the majority religion in Sri Lanka, and is accorded the “foremost place” in the constitution. The government is committed by the constitution to protect Buddhism, although it is not recognised as the state religion.18 Muslims, who comprise 7 per cent of the population,19 are not prevented from practising their religion. However, concerns have been raised about the involvement of the state “in the promotion and encroachment of Sinhala Buddhist culture and influence in minority areas”. Minority Rights Group International (MRG) argues that by undertaking such activities, the government fails to protect the rights of minority religions.20 Religious minorities have voiced complaints over the lack of protection afforded to them when faced with harm from both state and non-state actors. Large numbers of Muslims are reportedly “deeply disenchanted with routine police abuse and with the lawlessness and abuses of power under the current regime”.21 Displaced Muslims in army-controlled areas have spoken of “intimidation and harassment at the hands of the military”, where “perpetrators are able to act with impunity, and victims are denied access to justice”.22 13 Glazov, J. 2009, „Throwing Rifqa to the Wolves‟, FrontPage Magazine, 16 October http://frontpagemag.com/2009/10/16/feeding-rifqa-bary-to-the-wolves-by-jamie-glazov/ – Accessed 5 October 2011 14 „Rifqa Bary timeline‟ 2009, The Columbus Dispatch, 28 October http://www.dispatch.com/content/stories/local/2009/10/14/rifqa_timeline.html – Accessed 7 October 2011 15 Geller, P. 2010, „Rifqa Bary‟s New Problem‟, American Thinker website, 15 August http://www.americanthinker.com/2010/08/rifqa_barys_new_problem.html – Accessed 5 October 2011 16 „Runaway Christian Convert From Ohio Gains Legal U.S. Residency‟ 2010, Fox News, source: Associated Press, 7 September http://www.foxnews.com/us/2010/09/07/runaway-christian-convert-ohio-gains-legal-residency/ – Accessed 7 October 2011 17 „Runaway Christian convert granted U.S. residency‟ 2010, CNN, 7 September http://articles.cnn.com/2010-0907/us/ohio.muslim.convert_1_rifqa-bary-mohamed-bary-kort-gatterdam?_s=PM:US – Accessed 7 October 2011 18 US Department of State 2011, International Religious Freedom Report for 2010 (July-December) – Sri Lanka, 13 September, Introduction 19 US Department of State 2011, International Religious Freedom Report for 2010 (July-December) – Sri Lanka, 13 September, Section I 20 Minority Rights Group International 2011, No war, no peace: the denial of minority rights and justice in Sri Lanka, 19 January, Minority Rights Group International website, p.14 http://www.minorityrights.org/download.php?id=921 – Accessed 28 March 2011 21 International Crisis Group 2010, „Sri Lanka: A Bitter Peace‟, International Crisis Group website, 11 January http://www.crisisgroup.org/library/documents/asia/south_asia/sri_lanka/b99_sri_lanka___a_bitter_peace.pdf – Accessed 28 January 2010, p.22 22 Minority Rights Group International 2011, No war, no peace: the denial of minority rights and justice in Sri Lanka, 19 January, Minority Rights Group International website, p.3 http://www.minorityrights.org/download.php?id=921 – Accessed 28 March 2011 Page 3 of 6 In September 2011, a group of Buddhist monks destroyed a Muslim shrine in Anuradhapura, claiming that the land on which the shrine was located had been afforded to Buddhists 2,000 years ago. The monks also claimed that local Muslims had been illegally attempting to convert the shrine into a mosque. According to witnesses, police officers were present during the incident yet failed to take any action to prevent the shrine‟s destruction. The police, however, denied being present.23 24 Sri Lankan Defence Secretary Gotabhaya Rajapaksa criticised the attack, although stated that “he could only give protection for religious sites where it was sought, and that he was unable to order the shrine to be rebuilt”. He suggested that the case be taken to the religious affairs ministry.25 In September 2009, dozens of Muslims in Colombo protested against alleged police brutality aimed at members of their community, following the deaths of more than 16 people at the hands of police. The police argued that their actions targeted underworld figures in a crackdown on organised crime, and denied any bias in the killings. The government was unapologetic regarding the deaths, stating that its resources are now being used to address organised crime, and that the police had only killed criminals in self-defence.26 Christians, who constitute 8 per cent of the population, have also complained that the government condones violence and harassment directed towards them, which is usually perpetrated by Buddhists. The US Department of State reports that police response to attacks on Christians is generally inadequate, and that some police officials are reluctant to pursue legal action against the perpetrators. Nevertheless, police protection is generally provided to Christian groups upon request.27 23 Haviland, C. 2011, „Sri Lanka Buddhist monks destroy Muslim shrine‟, BBC News, 15 September http://www.bbc.co.uk/news/world-south-asia-14926002 – Accessed 6 October 2011 24 „Buddhists Destroy Muslim Shrine in Sri Lanka: Report‟ 2011, International Business Times, 15 September http://www.ibtimes.com/articles/214559/20110915/sri-lanka-muslim-shrine-buddhist-monks-sinhalese.htm – Accessed 6 October 2011 25 Haviland, C. 2011, „Sri Lanka clarifies fate of destroyed Muslim shrine‟, BBC News, 19 September http://www.bbc.co.uk/news/world-south-asia-14969199 – Accessed 6 October 2011 26 Haviland, C. 2009, „S Lanka Muslim protest at police‟, BBC News, 4 September http://ne ws.bbc.co.uk/2/hi/south_asia/8238454.stm – Accessed 7 September 2009 27 US Department of State 2011, International Religious Freedom Report for 2010 (July-December) – Sri Lanka, 13 September, Sections I, III Page 4 of 6 References „Buddhists Destroy Muslim Shrine in Sri Lanka: Report‟ 2011, International Business Times, 15 September http://www.ibtimes.com/articles/214559/20110915/sri-lanka-muslim-shrine-buddhistmonks-sinhalese.htm – Accessed 6 October 2011. „Lay trainees ease mixed marriage blues‟ 2011, UCA News, 23 February http://www.ucanews.com/2011/02/23/lay-trainees-ease-mixed-marriage-blues/ – Accessed 5 October 2011. „Mixed and matched‟ 2002, The Sunday Times Mirror Magazine, 3 March http://sundaytimes.lk/020303/mirror4.html – Accessed 5 October 2011. „Parents worry loss of identity through mixed marriages‟ 2010, UCA News, 30 December http://www.ucanews.com/2010/12/30/parents-worry-loss-of-identity-through-mixed-marriages/ – Accessed 5 October 2011. „Rifqa Bary timeline‟ 2009, The Columbus Dispatch, 28 October http://www.dispatch.com/content/stories/local/2009/10/14/rifqa_timeline.html – Accessed 7 October 2011. „Runaway Christian Convert From Ohio Gains Legal U.S. Residency‟ 2010, Fox News, source: Associated Press, 7 September http://www.foxnews.com/us/2010/09/07/runaway-christianconvert-ohio-gains-legal-residency/ – Accessed 7 October 2011. „Runaway Christian convert granted U.S. residency‟ 2010, CNN, 7 September http://articles.cnn.com/2010-09-07/us/ohio.muslim.convert_1_rifqa-bary-mohamed-bary-kortgatterdam?_s=PM:US – Accessed 7 October 2011. „Sri Lank: Defeat sows seeds of future conflict‟ 2009, Socialist Review, International Socialist Organisation of Aotearoa/New Zealand website, Issue 29, 19 July http://www.iso.org.nz/socialistreview/archive/64-socialist-review-issue-29/461-sri-lank-defeat-sows-seeds-of-futureconflict.html – Accessed 4 October 2011. De Munck, V. C. and Weerakoon, P. 1997-2001, „Sri Lanka‟, in Francoeur, R. T., The International Encyclopedia of Sexuality: Volume I – IV 1997-2001, The Continuum Publishing Company, New York, Humboldt University Berlin website http://www2.huberlin.de/sexology/IES/srilanka.html – Accessed 5 October 2011. Geller, P. 2010, „Rifqa Bary‟s New Problem‟, American Thinker website, 15 August http://www.americanthinker.com/2010/08/rifqa_barys_new_problem.html – Accessed 5 October 2011. Glazov, J. 2009, „Throwing Rifqa to the Wolves‟, FrontPage Magazine, 16 October http://frontpagemag.com/2009/10/16/feeding-rifqa-bary-to-the-wolves-by-jamie-glazov/ – Accessed 5 October 2011. Haviland, C. 2009, „S Lanka Muslim protest at police‟, BBC News, 4 September http://ne ws.bbc.co.uk/2/hi/south_asia/8238454.stm – Accessed 7 September 2009. (CISNET Sri Lanka CX232911) Haviland, C. 2011, „Sri Lanka Buddhist monks destroy Muslim shrine‟, BBC News, 15 September http://www.bbc.co.uk/news/world-south-asia-14926002 – Accessed 6 October 2011. Page 5 of 6 Haviland, C. 2011, „Sri Lanka clarifies fate of destroyed Muslim shrine‟, BBC News, 19 September http://www.bbc.co.uk/news/world-south-asia-14969199 – Accessed 6 October 2011. Immigration and Refugee Board of Canada 2003, LKA41788.E – Sri Lanka: Societal treatment of interracial couples in Colombo, particularly between Tamils and the Sinhalese, 6 August. (REFINFO) International Crisis Group 2010, „Sri Lanka: A Bitter Peace‟, International Crisis Group website, 11 January http://www.crisisgroup.org/library/documents/asia/south_asia/sri_lanka/b99_sri_lanka___a_bitter _peace.pdf – Accessed 28 January 2010. McKenna, C. 2011, „Working with the Asia Foundation in Sri Lanka‟, Canadian Lawyers Abroad‟s Blog website, 23 August http://canadianlawyersabroad.wordpress.com/2011/08/23/working-with-the-asia-foundation-insri-lanka/ – Accessed 4 October 2011. Minority Rights Group International 2011, No war, no peace: the denial of minority rights and justice in Sri Lanka, 19 January, Minority Rights Group International website http://www.minorityrights.org/download.php?id=921 – Accessed 28 March 2011. Singh, A. K. 2009, „Sri Lanka: Tainted Dawn‟, South Asia Intelligence Review, 13 July http: //satp.org/satporgtp/sair/Archives/sair8/8_1.htm – Accessed 22 July 2009. (CISNET Sri Lanka CX230466) Tagore-Erwin, M. (undated), „Mixed Marriages Part III‟, Vivaaha website, source: Hinduism Today http://www.vivaaha.org/newpage12.htm – Accessed 5 October 2011. US Department of State 2011, International Religious Freedom Report for 2010 (July-December) – Sri Lanka, 13 September. Page 6 of 6