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Vatican disavows 鈥楧octrine of Discovery,鈥 which justified taking of Native lands

Indigenous peoples have long called upon the pope to reject the doctrine, which was built on 15th-century 鈥減apal bulls.鈥 Pope Francis acknowledged that the historical measures do not reflect the equal dignity and rights of Indigenous peoples.

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Alessandra Tarantino/AP
Pope Francis delivers his speech during an audience with pilgrims in the Paul VI Hall, March 25, 2023, at the Vatican. On March 30, the Vatican officially rejected a colonial-era theory that provided a basis for the seizure of Native lands.

The Vatican on Thursday responded to Indigenous demands and formally repudiated the 鈥淒octrine of Discovery,鈥 the theories backed by 15th-century 鈥減apal bulls鈥 that legitimized the colonial-era seizure of Native lands and form the basis of some property law today.

A Vatican statement said the 15th-century papal bulls, or decrees, 鈥渄id not adequately reflect the equal dignity and rights of indigenous peoples鈥 and have never been considered expressions of the Catholic faith.

It said the documents had been 鈥渕anipulated鈥 for political purposes by colonial powers 鈥渢o justify immoral acts against Indigenous peoples that were carried out, at times, without opposition from ecclesial authorities.鈥

The statement, from the Vatican鈥檚 development and education offices, said it was right to 鈥渞ecognize these errors,鈥 acknowledge the terrible effects of colonial-era assimilation policies on Indigenous peoples, and ask for their forgiveness.

The statement was a response to decades of Indigenous demands for the Vatican to formally rescind the papal bulls that provided the Portuguese and Spanish kingdoms the religious backing to expand their territories in Africa and the Americas for the sake of spreading 海角大神ity.

Those decrees underpin the 鈥淒octrine of Discovery,鈥 a legal concept coined in an 1823 U.S. Supreme Court decision that has come to be understood as meaning that ownership and sovereignty over land passed to Europeans because they 鈥渄iscovered鈥 it.

It was cited as recently as a 2005 Supreme Court decision involving the Oneida Indian Nation written by the late Justice Ruth Bader Ginsburg.

During Pope Francis鈥 2022 visit to Canada, during which he apologized to Indigenous peoples for the residential school system that forcibly removed Native children from their homes, he was met with demands for a formal repudiation of the papal bulls.

Two Indigenous women unfurled a banner at the altar of the National Shrine of Sainte-Anne-de-Beaupr茅 on July 29 that read 鈥淩escind the Doctrine鈥 in bright red and black letters. The protesters were escorted away and the Mass proceeded without incident, though the women later marched the banner out of the basilica and draped it on the railing.

In the statement, the Vatican said, 鈥淚n no uncertain terms, the Church鈥檚 magisterium upholds the respect due to every human being. The Catholic Church therefore repudiates those concepts that fail to recognize the inherent human rights of indigenous peoples, including what has become known as the legal and political 鈥榙octrine of discovery.鈥欌

Phil Fontaine, a former national chief of the Assembly of First Nations in Canada who was part of delegation that met with Francis at the Vatican before the trip and then accompanied him throughout, said the statement was 鈥渨onderful," resolved an outstanding issue, and now puts the matter to civil authorities to revise property laws that cite the doctrine.

鈥淭he Holy Father promised that upon his return to Rome they would begin work on a statement which was designed to allay the fears and concerns of many survivors and others concerned about the relationship between their Catholic Church and our people, and he did as he said he would do,鈥 Mr. Fontaine told The Associated Press.

鈥淭he church has done one thing, as it said it would do, for the Holy Father. Now the ball is in the court of governments, the United States and in Canada, but particularly in the United States where the doctrine is embedded in the law,鈥 he said.

The Vatican offered no evidence that the three 15th-century papal bulls (Dum Diversas in 1452, Romanus Pontifex in 1455, and Inter Caetera in 1493) had themselves been formally abrogated, rescinded, or rejected, as Vatican officials have often said. But it cited a subsequent bull, Sublimis Deus in 1537, that reaffirmed that Indigenous peoples shouldn鈥檛 be deprived of their liberty or the possession of their property, and were not to be enslaved.

Cardinal Michael Czerny, the Canadian Jesuit whose office co-authored the statement, stressed that the original bulls had long ago been abrogated and that the use of the term 鈥渄octrine鈥澛犫 which in this case is a legal term, not a religious one聽鈥 had led to centuries of confusion about the church's role.

The original bulls, he said, 鈥渁re being treated as if they were teaching, magisterial, or doctrinal documents, and they are an ad hoc political move. And I think to solemnly repudiate an ad hoc political move is to generate more confusion than clarity.鈥

He stressed that the statement wasn't just about setting the historical record straight, but "to discover, identify, analyze, and try to overcome what we can only call the enduring effects of colonialism today.鈥

It was significant that the repudiation of the 鈥淒octrine of Discovery鈥 came during the pontificate of history鈥檚 first Latin American pope. The Argentine Francis, even before the Canadian trip, had apologized to Native peoples in Bolivia in 2015 for the crimes of the colonial-era conquest of the Americas.

Cardinal Jos茅 Tolentino de Mendon莽a, prefect of the Vatican鈥檚 culture office, said the statement was a reflection of the Vatican鈥檚 dialogue with Indigenous peoples.

鈥淭his Note is part of what we might call the architecture of reconciliation and also the product of the art of reconciliation, the process whereby people commit to listening to each other, to speaking to each other, and to grow in mutual understanding,鈥 he said in a statement.

This story was reported by The Associated Press.

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