A UN human rights expert applauded Thursday the Vatican’s recent rejection of the so-called “doctrine of discovery,” a 500-year-old Catholic decree that was used to justify the appropriation of indigenous lands by powerful powers. colonials.
“The doctrine of discovery remains an open wound for many indigenous peoples around the world,” said José Francisco Calí Tzay, UN special rapporteur on the rights of indigenous peoples, noting that “it must be addressed as part of a reconciliation process between indigenous peoples and colonial states“.
Calí Tzay praised the acknowledgment issued by the Vatican last week recognizing “the harmful effects of colonization, including the pain suffered by indigenous peoples”, and celebrated “Pope Francis’ call to abandon the colonizing mentality and promote mutual respect and the dialogue.
“The Holy See has taken an important step towards reconciliation and healing with indigenous peoples by rejecting all concepts that do not recognize their inherent human rights,” the UN expert said.
Deprivation of the right to land ownership
“It was recognized that the doctrine conferred a unilateral right on European colonial powers to claim sovereignty and superior rights over indigenous peoples’ lands and resources based on their alleged lack of civilization and religion,” the expert said. Papal doctrine was used to claim indigenous territories in the Americas, Africa, and other parts of the world.
The doctrine still has a negative impact in the full enjoyment of human rights by indigenous peoples in some countries.
This legal concept provided a legal basis for unilaterally depriving indigenous peoples of their rights to title and ownership of their traditional lands and territories by States that continue to use this legal theory as part of their national law and jurisprudence, especially in relation to with land disputes.
Traumatic effects prevail
The UN expert pointed out that this is one of the root causes of intergenerational trauma suffered by indigenous peoplesthe consequences of which continue to manifest themselves today in high suicide rates among young people, the overrepresentation of indigenous peoples in the criminal justice system, disproportionate violence against indigenous women and girls, and racial discrimination.
The rapporteur urged all States that still defend and apply the “Doctrine of Discovery” to follow the example of the Vatican formally repudiating it and reviewing all jurisprudence and legislation which is based on it.
The special rapporteurs, independent experts and working groups are part of what is known as Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN human rights system, is the general name of the Council’s independent investigative and monitoring mechanisms that address specific country situations or thematic issues in all parts of the world. . Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent of any government or organization and provide their services on an individual basis.
