✨  All Land Is Tribal Land:  Why the Doctrine of Discovery No Longer Holds Power Over Indigenous Midwifery

By Tykeisha Renee Jordan, Certified Indigenous Midwife

 

 

Founder of Le Creole Midwife | XI-Amaru Republic

In 2023, something historic happened.

The Vatican officially repudiated the Doctrine of Discovery — the centuries-old justification used by European empires to colonize Indigenous lands and erase Indigenous sovereignty. While that might seem like a symbolic act to some, for those of us living and working as Indigenous people on our ancestral lands, this declaration changes everything.

And for Indigenous midwives like me, it affirms what we’ve always known:

Our authority to serve our people doesn’t come from a state license — it comes from our ancestors, our ceremonies, and our sovereign tribal law.

What Is the Doctrine of Discovery?

The Doctrine of Discovery was created through a series of Papal Bulls (decrees from the Pope) in the 15th century, including Dum Diversas (1452) and Inter Caetera (1493). These documents gave Christian European powers — like Spain and Portugal — the religious and legal right to “discover,” claim, and rule over non-Christian lands.

This is what allowed colonizers to declare that Turtle Island (North America) was “empty land,” even though it was home to millions of Indigenous people with complex governments, languages, and birth traditions.

U.S. Law Still Uses It

In 1823, the U.S. Supreme Court case Johnson v. M’Intosh adopted the Doctrine of Discovery into American law. It ruled that Indigenous nations could “occupy” land but not own it — only the federal government could claim ownership.

This twisted legal theory has been used for centuries to:

• Justify land theft
• Deny tribal jurisdiction
• Force federal and state control over Indigenous medicine, midwifery, and religious practice

The 2023 Vatican Repudiation

On March 30, 2023, the Vatican publicly repudiated the Doctrine of Discovery.

“The ‘Doctrine of Discovery’ is not part of the teaching of the Catholic Church… The papal bulls did not adequately reflect the equal dignity and rights of Indigenous peoples.”

— Vatican Statement, March 2023

For the first time in history, the Church that authored these bulls admitted they were unjust, racist, and morally wrong. This aligns with the movement by Indigenous nations around the world to dismantle the legal and religious systems that were built on colonization.

What This Means for Tribal Midwives

As a Certified Indigenous Midwife of the XI-Amaru Republic, I know my work is sacred. Birth is not a medical procedure — it’s a ceremony. And my authority to serve families comes from my tribal government and our ancestral ways.

The repudiation of the Doctrine of Discovery means:

✅ I do not need permission from the State of Louisiana

✅ I do not accept regulation under colonial statutes like Title 46

✅ I do have the right to serve my people under tribal and federal protections like:

• PL 93-638 (Indian Self-Determination Act)
• AIRFA (American Indian Religious Freedom Act)
• Indian Health Care Improvement Act

All Land Is Tribal Land

Whether or not the United States recognizes it, the truth remains:

All land is Indigenous land.

State jurisdiction is built on a doctrine that has now been disowned.

We are reclaiming our sovereignty — not just in politics, but in practice. As midwives, we stand on sacred ground. Every birth we attend is a prayer for liberation and a return to our original instructions.

What Comes Next?

It’s time for the state to step back.

It’s time for our communities to support and uplift traditional midwives.

It’s time to center birth where it belongs: in the hands of our people.

If you’re an Indigenous birthworker, healer, or sovereign midwife — know this:

You are protected. You are valid. And you have the right to reclaim the power that was stolen from our grandmothers.

🌿 To learn more about sovereign midwifery and how we’re asserting our rights under tribal law, visit lecreolemidwifebr.info

📩 Contact me at iweirokwas@lecreolemidwifebr.info

📱 Personal: 225-615-4911 | Business: 225-678-0492

🪶 Founder, Le Creole Midwife | Certified Indigenous Midwife | XI-Amaru Republic