A/HRC/49/46/Add.1
still occur in some public schools despite constitutional, legislative and jurisprudential
requirements that school officials acting in their official capacity not lead prayers or
otherwise coerce or compel students to engage in prayer. Pro-religious bias is reported to be
deeply engrained, and the constitutions of seven States still contain unconstitutional bans
preventing non-religious people from holding office. Furthermore, there are reported
incidents of religious minorities being excluded from accessing public services through
private providers. In one recent incident, training services required by the Department of
Children’s Services of the State of Tennessee were denied to a Jewish couple by a Statefunded adoption agency because they were not Christian. Tennessee legislation adopted in
2020 allows faith-based organizations to deny adoptions if they are inconsistent with an
agency’s “religious or moral convictions or policies” to the “extent allowed by federal law”.
Complicating this evident discrimination is the fact that federal law in the United States under
Title VI of the Civil Rights Act of 1964 only specifically prohibits discrimination based on
race, colour, or national origin – but not on religion – in programmes or activities that receive
federal funding. Finally, since the judgment of the United States Supreme Court in Fulton v.
City of Philadelphia in 2021, corporations and other legal entities can claim under United
States law their “freedom of religion or belief” as individual persons. Such an approach is
inconsistent with international human rights law since freedom of religion or belief is an
individual right available only to humans, not corporations.
IX. Situation in the overseas territories of the United States
58.
The majority of the people living in the overseas territories of the United Sates
(American Samoa, Guam, the Northern Mariana Islands, Puerto Rico and the United States
Virgin Islands) are members of ethnic, religious and linguistic minorities, even if they are
also considered to be indigenous peoples with associated rights in relation to selfdetermination. In addition, these territories are considered under Chapter XI of the Charter
of the United Nations to be Non-Self-Governing Territories, meaning “territories whose
people have not yet attained a full measure of self-government”. While Puerto Rico and the
Northern Mariana Islands are no longer on the United Nations list of Non-Self-Governing
Territories, in 1972 the Special Committee on the Situation with regard to the Implementation
of the Declaration on the Granting of Independence to Colonial Countries and Peoples
determined that a colonial relationship existed between the United States and Puerto Rico.
Similarly, many residents of Guam consider that their island has been colonized by the United
States.
59.
There are different categories of rights holders in international law in overseas
territories, which may overlap but are not necessarily exclusive: indigenous peoples; colonial
peoples in the “Non-Self-Governing context”; and national or ethnic, religious and linguistic
minorities. Indigenous peoples who are not in a colonial context have a distinct legal status
under Chapter XI of the Charter of the United Nations. In some contexts, individuals who are
members of a group of indigenous peoples could also be, in addition to any other status as a
people, members of a linguistic or religious minority. These are distinct legal categories that
can overlap and be neither exclusive nor detrimental to each other. The individual human
rights of minorities have no consequence on the collective rights that indigenous peoples and
peoples in a colonial relationship may have under international law The populations of
overseas territories and other Non-Self-Governing Territories are separate and distinct
peoples with the right to self-determination, while some of the individuals in those territories
may, at the same time, constitute minorities in matters of language, religion or culture.
60.
During the visit of the Special Rapporteur to Guam, a major concern was expressed
with regard to the control of the United States military over approximately one third of the
island and the serious contamination of the land and drinking water allegedly caused by
military activities. Moreover, a firing range complex is currently under construction above
an aquafer that provides 90 per cent of the water in Guam. Military construction is also taking
place in ancestral lands containing ancient burial sites. Such sites are do not have similar
levels of protection as other indigenous sites such as Native American sites on the mainland
of the United States.
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