E/CN.4/1999/58/Add.1
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federal water and forest service. The other case concerns the complex and
sensitive situation resulting from the Relocation Act (25 USC) following a
land dispute between two Native American tribes, the Navajos and the Hopis; in
connection with the resettlement of families from these two tribes in the
Black Mesa region of Arizona, the Navajos consider that their right of access
to their sacred sites in the area allocated to the Hopis is not respected; the
Hopis for their part consider that their religion and its practices should
also be respected (for further details, see the report entitled “Hopi-Navajo
relocations”, prepared by Erica-Irene A. Daes and John Carey E/CN.4/Sub.2/1989/35, parts I and II).
64.
A second series of complaints relates to ceremonial instruments and
objects (eagles' feathers, tobacco, cactus, peyotl, etc.). Persons having
them in their possession sometimes run into serious difficulties, including
confiscation, especially at frontiers, arrest and prosecution, for the reasons
given in the section on legal issues (see in particular the Smith case). A
third series of complaints concerns the restitution and non-profanation of
human remains, particularly on the part of the scientific community, a problem
mentioned in that same section.
65.
A fourth category of complaint concerns Native American prisoners (some
7,000) in the United States prison system, both State and federal. Sweat
lodges (for cleansing and purification ceremonies), long hair worn in a
traditional fashion, headbands, medicine bags, possession of sage, cedar and
tobacco and other practices have been banned as “security risks” by one prison
or another. Concerning the question of cutting the hair of Native American
prisoners, many individuals asserted that this act was tantamount to
castration. According to the information received, enforcement of and
compliance with laws and regulations have not been uniform and lawsuits filed
to enforce existing laws have resulted in contradictory decisions. The
freedom of religion of Native American prisoners has depended upon the whim of
individual prison officials. Lawsuits are pending and complaints have been
filed against the Departments of Correction of Texas, California, New York,
Wisconsin, Minnesota, Nevada, Missouri, Washington, Oregon, Pennsylvania and
Arizona.
66.
Finally, a fifth category of complaints concerns children asked in
certain schools to cut their hair. Children placed in non-Native American
adoptive families and institutions are also a problem, because their links
with traditional Native American religion are broken.
67.
During official consultations, State department representatives said
that there were many problems relating to Native Americans. However, while
recognizing the existence of very serious abuses in the past, they emphasized
that recent years had been marked by progress towards greater protection and
autonomy for indigenous peoples. They also explained that the process was a
long-term one.
68.
Officials from the Departments of Justice and the Interior described
past United States policy as destructive towards Native Americans and biased
in favour of the country's economic interests. According to them,
President Clinton's policy, on the contrary, took account of Native Americans'
interests. They stressed nonetheless the difficulties caused by the conflict