Sri Lanka: constitutionalisation of relations of religious groups and the problem of discrimination against minorities

Sri Lanka’s legal system is highly constitutionalised, including with regard to the status of Buddhism. Constitutional rules and procedures are used to protect Buddhist teachings and to regulate the life of the sangha and its interaction with society, as well as the activities of other denominations. These norms take into account not only democratic values but also the value of Buddhism as a majority religion. This article examines the history of statehood and Buddhism in Ceylon, the constitutional status of Buddhism, the practice of the Sri Lankan government in imposing restrictions on freedom of religion, the practice of the Supreme Court in cases involving these restrictions, and the relationship between religious practices and human rights. The model used by Sri Lanka is a hybrid one: on the one hand, it grants legal privileges to a particular religion and, on the other hand, enshrines freedom of religion and the principle of non-discrimination. The author tries to answer three questions: whether the Sri Lankan model is an effective way to address political problems, whether it conforms to human rights standards, and whether it strengthens the sangha and sasana. The constitutionalisation of Buddhism has a twofold effect: on the one hand, it contributes to the involvement of monks in public and political life, and, on the other hand, it turns Buddhist doctrine into an element of the political system and legal order. This phenomenon of constitutionalisation has both positive and negative sides: the former includes the preservation of Buddhist tradition and its positive impact on society, while the latter includes the aggravation of inter-confessional conflicts. Russia approaches religious issues in a fundamentally different way — from a position of formal neutrality. Unlike Sri Lanka, it does not face the problem of inter-ethnic or religious enmity. However, it has an obvious need to humanize social relations and actually translate religious values into everyday life — and here it could borrow a lot from Sri Lanka’s experience.