E/CN.4/1999/58/Add.1 page 23 between economic values involving vast financial interests and the importance of the concept of private property, on the one hand, and Native Americans' traditional values, on the other. It will be noted that the Native Americans are a small religious minority in a democracy shaped by the will of the majority (we may cite, for example, the case of 500 persons claiming protection for their sacred site in the face of a project for the construction of ski runs which is of interest to 200,000 American citizens). The question of the proper response is made still more complex by the fact that intervention by the authorities on behalf of the Native Americans is not to lead to the establishment of an official religion. It was however stated that within those limits there was still room for improvement. Concerning the prisoners, the Special Rapporteur was informed that in general the federal Government was making every effort to meet, as far as possible, the religious needs of Native Americans in federal prisons. With regard to respect for holy days, they were recognized by the federal Department of the Interior, but unfortunately not by all official bodies. 69. The Office of the Legal Counsel of the Department of Justice stated that while the legislation adopted for the benefit of Native Americans was in general positive, there were problems at the level of courts and public services, which, in many cases, did not abide by it. As regards the sacred sites, the Office pointed out that a process was being worked out for taking due account of these places, which, for the most part, were unfortunately not situated on Native American property. In some cases, however, it had not been possible to arrive at a compromise. III. CONCLUSIONS AND RECOMMENDATIONS 70. The Special Rapporteur has endeavoured to give an account of the legal situation in the United States of America in the field of religion or belief and at the same time to analyse the situation with regard to tolerance and non-discrimination based on religion or belief. His study has dealt with the present picture with regard to religion and belief, and in particular with the “minority” communities in the field of religion and belief. He has made a special effort to analyse both the religious and the non-religious spheres and the relationship between religions, between beliefs and between society and the State. 71. Concerning the legal situation in the field of religion or belief, the existence of a well-developed Constitution and legislation has to be recognized. The two constitutional clauses relating to “non-establishment” and free exercise constitute fundamental guarantees for the protection of religion and belief, particularly within the context of the mosaic of religions and beliefs that is typical of the United States. It is evident, however, that the interpretation of these two clauses by the Supreme Court creates problems, because they are sometimes seen by some people as prejudicing the freedom of religion and belief, more particularly of religious minorities. Firstly, concerning the clause on free exercise, many religious and non-governmental representatives contest the “new” jurisprudence that emerged from the Smith case, establishing that neutral laws of general applicability do not typically offend the free exercise clause merely because in application they incidentally prohibit someone's exercise of religion, and therefore the Government no longer has to demonstrate a compelling interest