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economic projects to be undertaken on sacred sites, which is tantamount to
profaning them or destroying them. It was underlined that conflicts
concerning the use and protection of sacred sites between traditional Native
American religious practitioners, developers and land managers were likely to
continue to affect Native Americans unless clear guidelines for protection
were established and enforced. Similarly, legislation to protect animals or
prohibit the use of certain plants may affect Native American religious
practices, such as those requiring the use of eagles' feathers or the
consumption of the peyotl cactus. Finally, the Special Rapporteur was
informed that court decisions in Native Americans' favour on the ownership of
sacred sites had not led to their restitution, but to financial compensation,
which, for example, the Sioux nation was refusing in the case of the
Black Hills of South Dakota, which it was deprived of illegally according to a
Supreme Court decision in 1980.
61.
Apart from these problems of a legal nature, the representatives of the
Native Americans and non-governmental organizations reported very many cases
of what they called intolerance and discrimination in the field of religion,
which, in fact, resulted from these legal problems.
62.
A first series of complaints relates to sacred sites and sacred natural
objects used in rituals (plants, rice, etc.). They involve first of all
damage to sites due to the execution or attempted execution of economic
projects (for example, mining projects affecting the sacred sites in the
Little Rocky Mountains of the Gros Ventre and Assiniboine tribes on the Native
American reserve of Fort Belknap in the Northern Montanales (Montana) and the
sites near Lake Rice in the Sokaogon Chippewa reserve in northern Wisconsin; a
plan to build a road in a national park affecting a sacred site of the Pueblo
Indians near Albuquerque (New Mexico); a uranium mining project affecting the
sacred site of the Havasupai tribe in the Grand Canyon (Arizona); economic
development projects at the Mount Shasta sacred site of the Shasta, Pit River,
Wintu, Karuk, Okwanuchu and Modoc tribes and at the Medicine Lake Caldera
sacred site of the Pit River, Shasta and Klamath/Modoc tribes in California; a
nuclear project on the Ward Valley sacred site of the Fort Mojave tribe in
California). Then there is the problem of access to religious places and
sacred features situated on private property (for example, a request for
compulsory authorization for Native Americans to practise their religion on
the Mount Graham sacred site situated near the University of Arizona's
telescopes), on Native Americans' own property (case mentioned above of the
Sioux nation having been unable to recover their property in the Black Hills
and being denied the exclusive use of their sacred site for religious
ceremonies), or situated on the frontier with Mexico (for example, case of the
Yaki nation and the Tohono O'odham). In general, these complaints reflect
both a real lack of understanding and consideration and an indifference and
even hostility on the part of the various officials and other parties involved
(in the economy, research, etc.) with regard to the values and beliefs of the
original inhabitants of the United States.
63.
The Special Rapporteur wishes to draw attention here to two situations
which have already been the subject of a communication addressed to the
United States authorities, in June 1997. First of all, there is the case of
Mount Graham, where telescopes are being constructed by the University of
Arizona on the sacred site of the Apache nation with the authorization of the