Inherent Rights of Indigenous Peoples of the Americas
Inherent Rights of Indigenous Peoples of the Americas
Tuscarora Indians Who Remained in North Carolina After the War of 1715
As outlined in the United Nations Permanent Forum on Indigenous Issues which unequivocally includes:
The Inherent Rights of Tuscarora Indians who remained after the war of 1715 in Ancestral Lands of what is
now called *Eastern North Carolina.
Inherent is defined as "existing in someone or something as a permanent and inseparable element, quality, or
attribute; inhering" Define Inherent (http://www.dictionary.com/browse/inherent)
Rights is defined as "a just claim or title, whether legal, prescriptive, or moral: Sometimes, rights. that which is
due to anyone by just claim, legal guarantees, moral principles, etc."
Define Rights (http://www.dictionary.com/browse/rights)
Under the UN Declaration on the Rights of Indigenous Peoples
the Inherent Rights of Tuscarora of North Carolina are as follows but are not limited to:
1) The State of North Carolina to account for and officially record the names of thousands of Tuscarora Indians
who remained in ancestral territories which include but are not limited to Haruta, Waqui, Contahnah,
Anna Ooka, ConauhKare, Harooka, Una Nauhan, Kentanuska, Chunanetts, Kenta, Eno, Naurheghne,
Oonossoora, Toosneoc, Nonawharitse, and Nursoorooka. Territory in the lands drained by the Neuse River and its tributaries Contentnea
and Trent, from near the coast to the vicinity of the present Wake County, and lands along the TarPamlico River and the Roanoke,
known hunting quarters that extended nearly to Cape Fear. The areas now renamed Raleigh,
Smithfield, Goldsboro, Wilson, Rocky Mount, Tarboro, Greenville, and Kinston, are all located in known
Tuscarora territory as well as the counties of Pitt, Greene, Lenoir, and Robeson counties, as well as the areas of
Red Springs, Maxton, Mebane, and other locations known to be inhabited by Tuscarora Indians.
The American Indian in North Carolina, by Douglas L. Rights, Published 1988,
Chapter V., The Tuscarora, page 45
2) Census records did not exist until 1790 and during the time of the early census many Indians were mislabeled as
either free whites or free persons of color on census records since there was no category for American Indians.
"Prior to 1900 few Indians are included in the decennial Federal census. Indians are not identified in the 1790 - 1840
censuses." American Indians in the Federal Decennial Census
3) Tuscarora who remained in ancestral territories in North Carolina after the war of 1715 were isted as either
white or black on federal census's. These errors better known as the "Paper Genocide of American Indians" was
carried over to the census's of the 1800's and 1900's and continued to list many blood Indians as white or black
persons on census records. The error continued with the creation of North Carolina vital records and carried these
census errors to the birth and death records of American Indians by mislabeling them to either black, white, or
mulatto persons. Even though within these Indian communities many Tuscarora in North Carolina were known as
American Indians and lived as American Indians with the continuation of
ancestral traditions and general customs that were passed down.
How Jim Crow Practiced Paper Genocide Against Native American Indians
4) Tuscarora being documented by the government of North Carolina as American Indians on permanent race
records that describes racial makeup and place of ancestry. As in American Indians who are of the region now
known as Eastern North Carolina. This includes corrections of race identifying records within vital records, or all
birth and death records of present day Tuscarora Indians, and the correction of those vital records and its erred
recording of all Tuscarora Indian Ancestors as well. Race for Tuscarora should be defined on state birth and death
records as American Indian, ending the cycle of Paper Genocide practiced against North Carolina Tuscarora.
5) Tuscarora have a right to continue and or learn cultural practices, regalia making, songs, foods preparation, art,
agriculture, spirituality, and dance in a community setting that can accommodate large gatherings of Tuscarora in
order to regain traditional ways through teaching and community. Funding for this should be the responsibility of
the state of North Carolina to insure that Tuscarora have equal advantage, access, and assistance for cultural
programs as any other ethnic group has within the state of North Carolina. With the discretion and content of these
programs left to the individual groups to regulate, including tribal language programs.
6) Tuscarora have a right to learn tribal language and to request funding to hire traditional Tuscarora language
speakers to educate Tuscarora both young and old who want to learn Ancestral language in a community
atmosphere in teaching hubs located throughout eastern North Carolina which will offer free Tuscarora language
classes for Tuscarora and descendants.
7) Tuscarora have a right to be known in the state of North Carolina on legal grounds collectively as the Tuscarora
people who remained in North Carolina after the war of 1715.
Announcement of U.S. Support for the United Nations Declaration on the Rights of Indigenous Peoples
Initiatives to Promote the Government to Government Relationship & Improve the Lives of Indigenous Peoples
Excerpt " - U.S. support for the Declaration reflects the U.S. commitment to work with those tribes, individuals,
and communities to address the many challenges they face. The United States aspires to improve relations with
indigenous peoples by looking to the principles embodied in the Declaration in its dealings with federally
recognized tribes, while also working, as appropriate, with all indigenous individuals and communities in the United States.
Moreover, the United States is committed to serving as a model in the international community in promoting and
protecting the collective rights of indigenous peoples as well as the human rights of all individuals. The United
States underlines its support for the Declaration’s recognition in the preamble that indigenous individuals are
entitled without discrimination to all human rights recognized in international law, and that indigenous peoples
possess certain additional, collective rights. The United States reads all of the provisions of the Declaration in light
of this understanding of human rights and collective rights."
PDF File: Announcement of U.S. Support for the United Nations Declaration on the Rights of Indigenous Peoples
The UN The Permanent Forum on Indigenous Issues, the UN and the 2030 Agenda utilizing holistic indicators of
indigenous peoples’ wellbeing to address the situation and needs of indigenous peoples and individuals, in
particular older persons, women, youth, children and persons with disabilities as outlined in United Nations
Declaration on the Rights of Indigenous Peoples
Articles 1- 46
UN Declaration on the Rights of Indigenous Peoples
Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and
fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human
Rights and international human rights law.
Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be
free from any kind of discrimination, in the exercise of their rights,
in particular that based on their indigenous origin or identity.
Indigenous peoples have the right of selfdetermination.
By virtue of that right they freely determine their political
status and freely pursue their economic, social and cultural development.
Indigenous peoples, in exercising their right to self determination,
have the right to autonomy or self government
in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.
Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and
cultural institutions, while retaining their rights to participate fully, if they so choose, in the political, economic,
social and cultural life of the State.
Every indigenous individual has the right to a nationality.
1. Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person.
2. Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall
not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the
group to another group.
1. Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture.
2. States shall provide effective mechanisms for prevention of, and redress for:
Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural
values or ethnic identities; Any action which has the aim or effect of dispossessing them of their lands, territories
or resources; Any form of forced population transfer which has the aim or effect of violating or undermining any
of their rights; Any form of forced assimilation or integration; Any form of propaganda designed to promote or
incite racial or ethnic discrimination directed against them.
Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance
with the traditions and customs of the community or nation concerned. No discrimination of any kind may arise
from the exercise of such a right.
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place
without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and
fair compensation and, where possible, with the option of return.
1. Indigenous peoples have the right to practice and revitalize their cultural traditions and customs. This includes
the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as
archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature.
2. States shall provide redress through effective mechanisms, which may include restitution, developed in
conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property
taken without their free, prior and informed consent or in violation of their laws, traditions and customs.
1. Indigenous peoples have the right to manifest, practice, develop and teach their spiritual and religious traditions,
customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural
sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains.
2. States shall seek to enable the access and/or repatriation of ceremonial objects and human remains in their
possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned.
1. Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories,
languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own
names for communities, places and persons.
2. States shall take effective measures to ensure this right is protected and also to ensure that indigenous peoples
can understand and be understood in political, legal and administrative proceedings, where necessary through the
provision of interpretation or by other appropriate means.
1. Indigenous peoples have the right to establish and control their educational systems and institutions providing
education in their own languages, in a manner appropriate to their cultural methods of teaching and learning.
2. Indigenous individuals, particularly children, have the right to all levels and forms of education of the State
3. States shall, in conjunction with indigenous peoples, take effective measures, in order for indigenous
individuals, particularly children, including those living outside their communities, to have access, when possible,
to an education in their own culture and provided in their own language.
1. Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories and
aspirations which shall be appropriately reflected in education and public information.
2. States shall take effective measures, in consultation and cooperation with the indigenous peoples concerned, to
combat prejudice and eliminate discrimination and to promote tolerance, understanding and good relations among
indigenous peoples and all other segments of society.
1. Indigenous peoples have the right to establish their own media in their own languages and to have access to all
forms of nonindigenous
media without discrimination.
2. States shall take effective measures to ensure that Stateowned
media duly reflect indigenous cultural diversity.
States, without prejudice to ensuring full freedom of expression, should encourage privatelyowned
media to adequately reflect indigenous cultural diversity.
1. Indigenous individuals and peoples have the right to enjoy fully all rights established under applicable
international and domestic labour law.
2. States shall in consultation and cooperation with indigenous peoples take specific measures to protect
indigenous children from economic exploitation and from performing any work that is likely to be hazardous or to
interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or
social development, taking into account their special vulnerability and the importance of education for their
3. Indigenous individuals have the right not to be subjected to any discriminatory conditions of labour and, inter
alia, employment or salary.
Indigenous peoples have the right to participate in decisionmaking
in matters which would affect their rights,
through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and
develop their own indigenous decision making institutions.
States shall consult and cooperate in good faith with the indigenous peoples concerned through their own
representative institutions in order to obtain their free, prior and informed consent before adopting and
implementing legislative or administrative measures that may affect them.
1. Indigenous peoples have the right to maintain and develop their political, economic and social systems or
institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage
freely in all their traditional and other economic activities.
2. Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress.
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social
conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing,
sanitation, health and social security.
2. States shall take effective measures and, where appropriate, special measures to ensure continuing improvement
of their economic and social conditions. Particular attention shall be paid to the rights and special needs of
indigenous elders, women, youth, children and persons with disabilities.
1. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children
and persons with disabilities in the implementation of this Declaration.
2. States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and
children enjoy the full protection and guarantees against all forms of violence and discrimination.
Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to
development. In particular, indigenous peoples have the right to be actively involved in developing and
determining health, housing and other economic and social programmes affecting them and, as far as possible, to
administer such programmes through their own institutions.
1. Indigenous peoples have the right to their traditional medicines and to maintain their health practices, including
the conservation of their vital medicinal plants, animals and minerals. Indigenous individuals also have the right to
access, without any discrimination, to all social and health services.
2. Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and
mental health. States shall take the necessary steps with a view to achieving progressively the full realization of this right.
Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their
traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources
and to uphold their responsibilities to future generations in this regard.
1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned,
occupied or otherwise used or acquired.
2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they
possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have
3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall
be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.
States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent,
impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs
and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands,
territories and resources, including those which were traditionally owned or otherwise occupied or used.
Indigenous peoples shall have the right to participate in this process.
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible,
of a just, fair and equitable compensation, for the lands, territories and resources which they have traditionally
owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without
their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands,
territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive
capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place
in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and
restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such
materials, are duly implemented.
1. Military activities shall not take place in the lands or territories of indigenous
peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested by the
indigenous peoples concerned.
2. States shall undertake effective consultations with the indigenous peoples concerned, through appropriate
procedures and in particular through their representative institutions, prior to using their lands or territories for
1. Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional
knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and
cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora,
oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the
right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional
knowledge, and traditional cultural expressions.
2. In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the
exercise of these rights.
1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use
of their lands or territories and other resources.
2. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own
representative institutions in order to obtain their free and informed consent prior to the approval of any project
affecting their lands or territories and other resources, particularly in connection with the development, utilization
or exploitation of mineral, water or other resources.
3. States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate
measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
1. Indigenous peoples have the right to determine their own identity or membership in accordance with their
customs and traditions. This does not impair the right of indigenous individuals to obtain citizenship of the States
in which they live.
2. Indigenous peoples have the right to determine the structures and to select the membership of their institutions in
accordance with their own procedures.
Indigenous peoples have the right to promote, develop and maintain their institutional structures and their
distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical
systems or customs, in accordance with international human rights standards.
Indigenous peoples have the right to determine the responsibilities of individuals to their communities.
1. Indigenous peoples, in particular those divided by international borders, have the right to maintain and develop
contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social
purposes, with their own members as well as other peoples across borders.
2. States, in consultation and cooperation with indigenous peoples, shall take effective measures to facilitate the
exercise and ensure the implementation of this right.
1. Indigenous peoples have the right to the recognition, observance and enforcement of Treaties, Agreements and
Other Constructive Arrangements concluded with States or their successors and to have States honour and respect
such Treaties, Agreements and other Constructive Arrangements.
2. Nothing in this Declaration may be interpreted as to diminish or eliminate the rights of Indigenous Peoples
contained in Treaties, Agreements and Constructive Arrangements.
States in consultation and cooperation with indigenous peoples, shall take the appropriate measures, including
legislative measures, to achieve the ends of this Declaration.
Indigenous peoples have the right to have access to financial and technical assistance from States and through
international cooperation, for the enjoyment of the rights contained in this Declaration.
Indigenous peoples have the right to have access to and prompt decision through just and fair procedures for the
resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all
infringements of their individual and collective rights. Such a decision shall give due consideration to the customs,
traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
The organs and specialized agencies of the United Nations system and other intergovernmental organizations shall
contribute to the full realization of the provisions of this Declaration through the mobilization, inter alia, of
financial cooperation and technical assistance. Ways and means of ensuring participation of indigenous peoples on
issues affecting them shall be established.
The United Nations, its bodies, including the Permanent Forum on Indigenous Issues, and specialized agencies,
including at the country level, and States, shall promote respect for and full application of the provisions of this
Declaration and follow up the effectiveness of this Declaration.
The rights recognized herein constitute the minimum standards for the survival, dignity and wellbeing
of the indigenous peoples of the world.
All the rights and freedoms recognized herein are equally guaranteed to male and female indigenous individuals.
Nothing in this Declaration may be construed as diminishing or extinguishing the rights indigenous peoples have
now or may acquire in the future.
1. Nothing in this Declaration may be interpreted as implying for any State, people, group or person any right to
engage in any activity or to perform any act contrary to the Charter of the United Nations or construed as
authorizing or encouraging any action which would dismember or impair totally or in part, the territorial integrity
or political unity of sovereign and independent States.
2. In the exercise of the rights enunciated in the present Declaration, human rights and fundamental freedoms of all
shall be respected. The exercise of the rights set forth in this Declaration shall be subject only to such limitations as
are determined by law, and in accordance with international human rights obligations. Any such limitations shall
be nondiscriminatory and strictly necessary solely for the purpose of securing due recognition and respect for the
rights and freedoms of others and for meeting the just and most compelling requirements of a democratic society.
3. The provisions set forth in this Declaration shall be interpreted in accordance with the principles of justice,
democracy, respect for human rights, equality, nondiscrimination, good governance and good faith.
Post 2015 Development Agenda
Excerpt " The Permanent Forum requests that States incorporate commitments made in the outcome document of
the World Conference on Indigenous Peoples into the development of the post 2015 development agenda,
especially the action points on data disaggregation, land rights, traditional knowledge, the implementation of free,
prior and informed consent and access to justice presented by indigenous speakers in the thematic panels during
the high level stock taking event, and reaffirm their commitments to indigenous peoples in the political declaration
of the United Nations summit for the adoption of the post 2015 development agenda, with the following paragraph:
"We affirm that indigenous peoples have the right to determine and develop priorities and strategies for exercising
their right to development, based on their security, of their lands, territories and resources. We commit ourselves to
ensuring equal access to high quality education that recognizes the diversity of the cultures of indigenous peoples,
and to health, housing, water, sanitation and other economic and social programmes to improve their well being,
including through initiatives, policies and the provision of resources. We intend to empower indigenous peoples,
including women, to deliver such programmes and commit ourselves to working with indigenous peoples to
disaggregate data on indigenous peoples’ development and wellbeing.
The Permanent Forum recommends that the InterAgency and Expert Group on Sustainable Development Goal Indicators
engage with indigenouspeoples in developing key indicators relating to indigenous peoples’ rights to their lands, territories and resources,
traditional knowledge, free, prior and informed consent,empowerment of indigenous women, access to justice and
special measures addressing the particular circumstances of indigenous peoples regarding relevant poverty, health,
education and socioeconomic development targets of the 17 goals."
* ENC or Eastern North Carolina is the region encompassing the eastern tier of North Carolina.
It is known geographically as the state's Coastal Plain region.
For birth certificates, the mother usually fills out a worksheet before delivery, which includes a blank space to
record her race and another blank space to record the race of the father (“Specify White, Black, American Indian,
etc.”). One race is usually entered, though multiple races are sometimes written in. This text, supplied by the
mother, is then entered into the Electronic Birth Certificate (EBC) system by hospital staff. The instructions say
“Enter the color or race… of both parents as furnished by the mother or other informant." - N.C. State Center for Health Statistics
Many American Indian mothers have had their right to be recorded as Indian and their children's right to be
recorded as Indian by vital records violated by the State of North Carolina vital records office.
An Open Letter North Carolina Vital Records
These Inherent Rights exist for all Indigenous peoples of the America with origins of the first people of the Americas as in
Inuit people, Yupik peoples, Aleut people, Alaskan Natives, Native Americans/American Indians, First Nations of Canada, Métis or mixed bloods,
Indigenous Mexicans, the Caribbean, Central America, and South America Natives.
All one family, all Indigenous to the Americas.
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