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The Ongoing Impact of The Doctrine of Discovery
Whilst The Doctrine of Discovery was written over 500 years ago, it’s still relevant today because it has never been renounced. It was built into the laws of the so-called New World, stripping indigenous peoples of their rights, property, dignity, and sovereignty. It remains part of American, Canadian, New Zealand, and Australian legislation. As a result, it has an ongoing impact on the lives of indigenous people in each country. These laws continue to be used because they’ve been used in the past. The precedent means that they can continue to be called upon to justify the unjustifiable, and to disempower those without a voice.
"This doctrine governs United States Indian law today and has been cited as recently as 2005 in the decision city of Sherrill V. Oneida Indian Nation of N.Y.”
"Under the “doctrine of discovery,” County of Oneida v. Oneida Indian Nation of N. Y., 470 U. S. 226, 234 (1985) (Oneida II), “fee title to the lands occupied by Indians when the colonists arrived became vested in the sovereign—first the discovering European nation and later the original States and the United States,” Oneida Indian Nation of N. Y. v. County of Oneida, 414 U. S. 661, 667 (1974) (Oneida I)."
Most people have no idea about the existence of the Doctrine of Discovery, and thus, no idea of how it impacts the legal system, employment, land rights, healthcare, etc, nor how it serves and perpetuates racial injustice. And, whilst a lot of the easily available information relates to the USA and Canada, the Doctrine of Discovery has a much wider reach than that.
History, legislation, habit, expectation. Unconscious bias and internalised oppression. It’s time to bring this Papal Bull into the light, to educate people about its existence and insidious impact and to get The Doctrine of Discovery permanently removed from use.
“Where we are today was created a long time ago. If you don’t have an understanding of the history, the future doesn’t stand a chance.” ~ Milagros Phillips www.milagrosphillips.com
"This doctrine governs United States Indian law today and has been cited as recently as 2005 in the decision city of Sherrill V. Oneida Indian Nation of N.Y.”
"Under the “doctrine of discovery,” County of Oneida v. Oneida Indian Nation of N. Y., 470 U. S. 226, 234 (1985) (Oneida II), “fee title to the lands occupied by Indians when the colonists arrived became vested in the sovereign—first the discovering European nation and later the original States and the United States,” Oneida Indian Nation of N. Y. v. County of Oneida, 414 U. S. 661, 667 (1974) (Oneida I)."
Most people have no idea about the existence of the Doctrine of Discovery, and thus, no idea of how it impacts the legal system, employment, land rights, healthcare, etc, nor how it serves and perpetuates racial injustice. And, whilst a lot of the easily available information relates to the USA and Canada, the Doctrine of Discovery has a much wider reach than that.
History, legislation, habit, expectation. Unconscious bias and internalised oppression. It’s time to bring this Papal Bull into the light, to educate people about its existence and insidious impact and to get The Doctrine of Discovery permanently removed from use.
“Where we are today was created a long time ago. If you don’t have an understanding of the history, the future doesn’t stand a chance.” ~ Milagros Phillips www.milagrosphillips.com
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