E/CN.4/1999/58/Add.1 page 27 78. On the subject of atheism, the Special Rapporteur notes that in its general comment No. 22 of 20 July 1993 on article 18 of the International Covenant on Civil and Political Rights, the Human Rights Committee pointed out that “the freedom to 'have or to adopt' a religion or belief necessarily entails the freedom to choose a religion or belief, including the right to replace one's current religion or belief with another or to adopt atheistic views” (HRI/GEN/1/Rev.3, p. 37, para. 5). Native Americans 79. A situation which raises a problem is that of the Native Americans: they have in the past been exposed to a policy of assimilation which many of them describe, with surprising insistence, as genocide and which continues to have effects even today. In recent years a policy in favour of these indigenous peoples has been set in motion, particularly under the presidency of Mr. Clinton, but it needs to be strengthened in the religious sphere. 80. As far as legislation is concerned, while noting advances in recent years in the instruments emerging from the legislature and the executive which are designed to protect Native Americans' religion in general (American Indian Religious Freedom Act) and in particular (Native American Graves Protection and Repatriation Act, Executive Order on Indian Sacred Sites, Executive Memorandum on Native American Access to Eagle Feathers), the Special Rapporteur identified weaknesses and gaps which diminish the effectiveness and hinder the application of these legal safeguards. Concerning the American Indian Religious Freedom Act, the Supreme Court has declared that this law was only a policy statement. As for the Executive Order on Indian Sacred Sites, unfortunately, it does not contain an “action clause”, leaving the tribes without the needed legal “teeth”. Higher standards or the protection of sacred sites are needed and effective tribal consultation should be ensured. These recommendations are all the more necessary in light of the October 1997 Advisory Council on Historic Preservation regulations and the January 1997 bill (see paragraph 59 (a) and (b) above). Concerning the Native American Graves Protection and Repatriation Act of 1990, it is apparent that its coverage was too limited; it is of the utmost importance that concrete solutions be found to solve the repatriation conflict between the scientific community and tribal governments. It is also essential to secure genuine de jure and de facto protection of Native American prisoners' religious rites. 81. In general, the Special Rapporteur recommends that steps should be taken to make sure that there is no conflict or incompatibility between the different federal, state and local laws, so as to arrive at a uniformity - or at least a convergence - in the legal protection of indigenous peoples' religion throughout the territory of the United States, while guaranteeing effective application of these texts, by everyone, for everyone and everywhere, all other things being equal (we may cite as an example the 1994 Executive Memorandum on Native American Access to Eagle Feathers see paragraph 59 (c) above). It is also recommended that in the legal sphere Native Americans' system of values and traditions should be fully recognized, particularly as regards the concept of collective property rights, inalienability of sacred sites and secrecy with regard to their location. Because of the decision in the Smith case, which affects Indians inasmuch as it seems that in their case there is a lack of understanding of their values