E/CN.4/1999/58/Add.1 page 19 54. It was explained to the Special Rapporteur that it must be clearly understood that the continuation and preservation of traditional Native American religion is ensured only through the performance of ceremonies and rites by tribal members. These ceremonies and rites are often performed at specific sites which are often established by creation myths and other events of importance in the native community. These sites may also be based on special geographic features such as burial sites, areas where sacred plants or other natural materials are available, and structures, carvings or paintings of religious significance. For most Native American religions, there may be no alternative places of worship since these ceremonies must be performed at certain places and times to be effective. 55. Concerning the situation of Native Americans in the religious domain, regulations restricting traditional ceremonies, including dances, lasted until 1934 when the Indian Reorganization Act was adopted. In 1978 Congress adopted the American Indian Religious Freedom Act (AIRFA) which stipulates, in particular, that: “It shall be the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express and exercise the traditional religions ... including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites”. In 1990 came the Native American Graves Protection and Repatriation Act to ensure that Native American remains and sacred objects retained by federal, state and local governments, as well as universities and museums, are returned to the appropriate tribes and/or descendants and that burial sites on tribal and federal lands are properly protected. Finally, in 1996, President Clinton issued the Executive Order on Indian Sacred Sites calling for the protection of sites considered sacred by tribes and directing federal agencies to provide Native American traditional practitioners access to those sites. 56. With respect to the jurisprudence of the Supreme Court, in Lying v. Northwest Indian Cemetery Protective Association (1988) the Court declared that AIRFA was only a “policy statement”. Although the Court recognized that the Government did not have a “compelling interest” in constructing a road on sacred land, as there existed alternatives, and although the project implied the annihilation of religious practices, the First Amendment did not provide the relief sought. Consequently, there are no enforceable safeguards for worship at sacred sites. The Smith case and the failure of the Religious Freedom Restoration Act (see chapter I, section A) also directly affected the religious practices of Native Americans. 57. On the basis of that brief legal background, the representatives of Native Americans and non-governmental organizations explained that the legislation concerned with the recognition and protection of Native American religious practices suffered from many weaknesses and gaps, which limited or even prevented its application. 58. Concerning the Executive Order in particular, it was stated that while it was very positive for tribes, the Order had no “action clause”, leaving tribes without the needed legal “teeth”, and that a stronger commitment to effective tribal consultation and higher standards for the protection of sacred sites were needed.