SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA
ORGANIC LAW ON THE STATUS AND CONDITIONAL OPERATION OF EXTERNAL ADMINISTRATIVE STRUCTURES WITHIN THE JURISDICTION OF XARAGUA
Promulgated at Miragoâne on August 2, 2025
PREAMBLE
In the name of the Most Holy Trinity;
By the supreme constitutional authority vested in the Rector-President of the Sovereign Catholic Indigenous Private State of Xaragua, hereinafter “Xaragua” or “the State”;
Considering the historical continuity of the Indigenous people of Xaragua, their ancestral relationship with their lands, territories, waters, institutions, culture, and customary order;
Considering the inherent right of Indigenous peoples to self-determination, autonomy, self-government, institutional continuity, cultural protection, and control of their internal and local affairs;
Considering Articles 3, 4, 5, 18, 19, 20, 25, 26, 32, 33, 34, 36, and 46 of the United Nations Declaration on the Rights of Indigenous Peoples;
Considering the principles concerning Indigenous and tribal peoples expressed in Articles 7, 8, 13, 14, and 15 of International Labour Organization Convention No. 169, invoked as relevant expressions of international Indigenous standards;
Considering the declaratory principles contained in Articles 1 and 3 of the Montevideo Convention on the Rights and Duties of States;
Considering the constitutional existence of Xaragua as an Indigenous, Catholic, customary, private, and non-Westphalian State possessing its own population, territory, institutions, laws, administration, and external capacity;
Considering the continuing Catholic character of Xaragua, the freedom of association of the Christian faithful, and the autonomy of private Catholic institutions established in conformity with Canons 215, 216, 298, 299, and 321–326 of the Code of Canon Law;
Considering the historical and institutional significance of the Concordat of March 28, 1860, as subsequently revised, within the Catholic and public order of the island;
Considering that the use of an external public service does not constitute recognition of the sovereignty, territorial title, constitutional supremacy, or political jurisdiction of the authority providing that service;
Considering that administrative necessity cannot extinguish ancestral title, customary jurisdiction, Indigenous identity, institutional continuity, or the right of a people to preserve and develop its own political and legal order;
The Rector-President hereby promulgates this Organic Law as an integral instrument of the Constitutional Order of Xaragua.
TITLE I
PURPOSE, AUTHORITY, AND APPLICATION
Article 1 — Purpose
This Organic Law establishes:
the internal status of external administrative structures operating within the jurisdiction claimed or exercised by Xaragua;
the conditions under which their services may be used, coordinated, tolerated, or restricted;
the distinction between administrative service and sovereign authority;
the constitutional authority of Xaragua over its territories, institutions, members, communities, properties, and strategic interests;
the status of the Haitian residual administrative apparatus in relation to the Constitutional Order of Xaragua; and
the procedures governing authorization, supervision, suspension, and revocation.
Article 2 — Supreme Internal Authority
Within the Constitutional Order of Xaragua, this Organic Law derives its authority principally from:
the Constitution of Xaragua;
the ancestral and customary law of its Indigenous people;
the legislative and executive authority of the Rector-President;
the laws, decrees, statutes, and institutions lawfully established by Xaragua; and
the Catholic, academic, private, communal, and territorial character of the State.
International, Indigenous, canonical, historical, and concordatory instruments shall serve as interpretative and supporting authorities in conformity with the Constitution of Xaragua.
Article 3 — Territorial Application
This Organic Law applies to:
the territories constitutionally incorporated into Xaragua;
the Grand South and the Region of the Palms;
the Northwest and its associated coastal and insular territories;
Miragoâne, Léogâne, Furcy, La Gonâve, Île-à-Vache, the Cayemites, Tortuga Island, Marchand-Dessalines, Fort-Liberté, Trou-du-Nord, Terre-Neuve, the Imperial Forts, and all other territories identified by the Constitution or subsequent rectory instruments;
the territorial sea, maritime zones, waters, coasts, ports, islands, natural resources, airspace, and ecological corridors attached to those territories;
all properties, institutions, missions, communities, digital domains, archives, and lawful establishments of Xaragua, wherever situated; and
any community or territory that enters into constitutional, customary, protective, institutional, or administrative affiliation with Xaragua.
The precise constitutional classification of each territory may be determined by territorial schedules, rectory decrees, community compacts, cadastral instruments, or subsequent organic legislation.
TITLE II
FUNDAMENTAL DEFINITIONS
Article 4 — External Administrative Structure
An “External Administrative Structure” means any ministry, municipality, office, agency, public establishment, contractor, mission, organization, service provider, educational body, medical institution, security structure, or civil registry operating under an authority external to Xaragua.
Article 5 — Conditional Administrative Presence
“Conditional Administrative Presence” means an activity permitted or temporarily accepted by Xaragua for reasons of public necessity, continuity of services, humanitarian need, community welfare, logistical convenience, or peaceful institutional transition.
Such presence:
does not confer sovereignty;
does not establish territorial title;
does not extinguish Indigenous or customary rights;
does not create constitutional supremacy;
does not constitute recognition of an adverse jurisdictional claim; and
remains subject to the conditions established by this Organic Law.
Article 6 — Community Function Status
“Community Function Status,” abbreviated CFS, is the legal classification applicable to essential services used by the population, including:
hospitals and clinics;
schools and training institutions;
civil registration services;
sanitation and vaccination programs;
roads, ports, transportation, and telecommunications;
water, electricity, and emergency services;
humanitarian and disaster-relief operations; and
other services designated by the Rectorate.
The use of a service under CFS constitutes a practical administrative arrangement only.
Article 7 — Haitian Residual Administrative Apparatus
The institutions operating under the name of the Republic of Haiti shall be designated, for the purposes of the Constitutional Order of Xaragua, as the “Haitian Residual Administrative Apparatus.”
This designation recognizes the factual continuation of certain civil and logistical functions without conceding the extinction, transfer, or subordination of Xaragua’s ancestral, constitutional, customary, territorial, or institutional rights.
Article 8 — Administration In Reserva
“Administration in reserva” means that Xaragua expressly reserves its constitutional position, ancestral title, territorial claims, Indigenous rights, institutional authority, and future remedies while permitting or acknowledging the temporary operation of an external administrative apparatus.
Administration in reserva shall never be interpreted as:
abandonment of title;
acquiescence in an adverse claim;
renunciation of jurisdiction;
permanent delegation of authority;
merger with another political order; or
recognition of exclusive external sovereignty.
TITLE III
TERRITORIAL AND INSTITUTIONAL PRIMACY
Article 9 — Constitutional Primacy of Xaragua
The territories, communities, institutions, and properties incorporated into Xaragua are governed internally by the Constitution and laws of Xaragua.
No foreign constitutional provision, statute, decree, judicial decision, administrative measure, concession, license, or contract shall alter the constitutional status of Xaragua without express ratification by the Rector-President.
Article 10 — Administrative Activity Distinguished from Sovereignty
The performance of civil, medical, educational, humanitarian, fiscal, infrastructural, judicial, or security functions by an external structure shall not, by itself, establish sovereign title.
The following acts shall not constitute submission to an external sovereignty:
obtaining a birth, death, marriage, travel, or identity document;
attending an externally administered school or university;
receiving medical treatment or vaccination;
using public roads, ports, airports, utilities, or communications;
paying a charge necessary to obtain an essential service;
appearing before an external office or tribunal under necessity;
participating in humanitarian or development programs; or
using any service required for ordinary civil life.
Article 11 — Preservation of Community Rights
Every Xaraguayan community retains the right to:
maintain its customary identity and institutions;
organize its internal affairs;
determine community membership according to applicable customs;
preserve its religious, cultural, educational, and linguistic life;
use external services without surrendering its constitutional affiliation;
enter into a compact of autonomy or protection with Xaragua; and
request the intervention, mediation, or institutional support of the Rectorate.
Article 12 — Protected Properties and Institutions
The following shall receive special constitutional protection:
churches, chapels, missions, cemeteries, and sacred places;
Indigenous lands, communal properties, and customary holdings;
schools, universities, academies, archives, and cultural institutions;
hospitals, charitable establishments, and community centers;
agricultural lands, forests, watersheds, coasts, fisheries, and ecological reserves;
historical monuments, forts, archaeological sites, and ancestral places;
the properties and institutions of the State, the University of Xaragua, the Catholic Order of Xaragua, and their affiliated bodies.
No external administrative act affecting such property shall possess authority within the Constitutional Order of Xaragua unless expressly approved or subsequently ratified by the Rectorate.
TITLE IV
CONDITIONAL OPERATION OF EXTERNAL SERVICES
Article 13 — General Authorization
External structures may operate under one or more of the following classifications:
Community Function Status;
temporary administrative tolerance;
institutional cooperation agreement;
humanitarian authorization;
technical-service delegation;
protected mission status; or
administration in reserva.
The Rectorate may determine the appropriate status by decree, protocol, license, compact, notification, or published directive.
Article 14 — Conditions of Operation
Every tolerated external structure shall:
respect the constitutional identity of Xaragua;
refrain from denying or obstructing Xaraguayan institutions;
respect Indigenous communities, customs, properties, and sacred places;
preserve continuity of essential public services;
avoid discriminatory treatment based on Xaraguayan identity or affiliation;
refrain from unauthorized extraction, alienation, concession, or exploitation of land and resources;
protect personal, institutional, and community data;
comply with applicable environmental and cultural-protection standards;
refrain from hostile political, military, intelligence, or propaganda operations against Xaragua; and
cooperate with lawful mechanisms established for public safety and community welfare.
Article 15 — External Administrative Agents
Personnel acting for an external structure shall be classified as External Administrative Agents under Conditional Status.
Their functions shall be:
functional rather than sovereign;
limited to their authorized mandate;
non-prejudicial to Xaragua’s constitutional claims;
subject to suspension or restriction for non-compliance; and
without authority to suppress, dissolve, or invalidate the institutions of Xaragua.
Article 16 — Rectoral Coordination
The Rectorate may establish:
territorial coordination offices;
registries of authorized external operators;
liaison protocols;
standards for public-service continuity;
community consultation mechanisms;
environmental and cultural safeguards;
procedures for complaints and institutional review; and
emergency directives.
Coordination with an external structure shall not imply constitutional parity or transfer of authority.
Article 17 — Ecclesial Independence
Nothing in this Organic Law shall be interpreted as appointing bishops, exercising powers reserved to ecclesiastical authority, or acting in the name of the Holy See.
The State shall protect the legitimate autonomy of Catholic parishes, dioceses, religious institutes, private associations of the faithful, charitable institutions, and other ecclesial bodies according to their proper canonical status.
The Catholic character of Xaragua shall be maintained through fidelity, institutional cooperation, religious freedom, and the lawful exercise of its own private Catholic order.
TITLE V
LAND, RESOURCES, AND STRATEGIC INTERESTS
Article 18 — Ancestral and Customary Title
Xaragua affirms the collective relationship of its Indigenous people with the lands, waters, territories, resources, sacred sites, and ecological systems traditionally associated with their history and identity.
Absence of an external land title shall not, within the Constitutional Order of Xaragua, extinguish traditional possession, customary use, communal ownership, or ancestral custodianship.
Article 19 — Natural Resources
No external authority may, without the express consent of Xaragua and the affected communities:
alienate Indigenous or protected land;
issue mining, petroleum, forestry, fishing, or maritime concessions;
establish foreign military installations;
transfer strategic infrastructure;
dispose of protected islands, coasts, waters, ports, or seabeds;
authorize projects causing substantial ecological or cultural damage; or
permanently alter the legal or demographic character of protected territory.
Article 20 — Consultation and Consent
Measures directly affecting Xaraguayan communities, institutions, lands, resources, or sacred sites shall be subject to prior consultation through procedures recognized by the Rectorate.
Where a measure threatens permanent dispossession, major resource extraction, destruction of a sacred site, forced displacement, or irreversible environmental damage, the free, prior, and informed consent of the affected community and the constitutional approval of Xaragua shall be required.
Article 21 — Nullity within the Xaraguayan Order
Any concession, alienation, mortgage, transfer, lease, or encumbrance made contrary to this Title shall be considered constitutionally inoperative within the legal order of Xaragua.
The Rectorate may record the contested act, issue a declaration of non-recognition, preserve the relevant evidence, and undertake any lawful institutional response.
TITLE VI
SUSPENSION, REVOCATION, AND PROTECTIVE ACTIVATION
Article 22 — Grounds for Corrective Action
The Rectorate may restrict, suspend, or revoke an external administrative status where an operator:
attacks the constitutional existence of Xaragua;
interferes with its institutions or affiliated communities;
violates Indigenous, communal, ecclesial, or private property;
threatens public health, cultural survival, or environmental integrity;
engages in unauthorized extraction or alienation of resources;
obstructs religious worship or damages sacred property;
conducts hostile military, intelligence, or destabilization activities;
commits grave or systematic violations of human dignity;
abandons an essential service in a manner endangering the population; or
materially exceeds its authorized administrative function.
Article 23 — Measures Available
Depending upon the seriousness of the circumstances, the Rectorate may issue:
a notice of non-compliance;
a corrective directive;
a limitation of functions;
a suspension of authorization;
a declaration of constitutional non-recognition;
a revocation of tolerated status;
an exclusion from Xaraguayan institutions or properties;
a protective administration order; or
a Decree of Protective Activation.
Article 24 — Immediate Measures
Where an imminent threat exists to life, territory, institutions, sacred property, public order, essential infrastructure, or strategic interests, the Rector-President may order an immediately executable protective measure.
The measure shall be recorded in a rectory decree stating:
the authority invoked;
the territory or institution affected;
the factual grounds;
the scope of the measure; and
its duration or conditions of review.
Article 25 — Decree of Protective Activation
A Decree of Protective Activation may be issued in cases of:
catastrophic administrative failure;
widespread abandonment of the population;
armed insurrection or territorial collapse;
foreign military intervention;
mass violations of human dignity;
destruction or seizure of Xaraguayan institutions;
unlawful exploitation of protected resources; or
a grave and immediate threat to the existence of the State or its people.
Protective activation may include institutional coordination, emergency services, community protection, territorial administration, humanitarian organization, preservation of evidence, and the temporary assumption of essential functions within Xaragua’s lawful capacity.
Article 26 — Evidentiary Record
Every material incident shall be entered into the Constitutional Record of Xaragua.
The record may include:
official notices;
witness statements;
administrative correspondence;
photographs, maps, and technical reports;
evidence of institutional abandonment;
environmental or property assessments;
community resolutions; and
rectory decrees.
Such documentation shall preserve Xaragua’s position for constitutional, diplomatic, academic, canonical, or other lawful proceedings.
TITLE VII
STATUS OF THE HAITIAN RESIDUAL ADMINISTRATIVE APPARATUS
Article 27 — Continued Civil Functions
Xaragua acknowledges that the Haitian Residual Administrative Apparatus continues to perform certain civil, documentary, medical, educational, infrastructural, and logistical functions used by the population.
For the purposes of Xaragua’s Constitutional Order, the use or temporary continuation of those functions shall be treated as an administrative necessity and not as the abandonment of Xaragua’s rights.
Article 28 — Personal and Administrative Competence In Reserva
Within areas not placed under the immediate administration of Xaragua, the Haitian Residual Administrative Apparatus may continue to administer persons, offices, and public services on an in reserva basis.
This functional accommodation:
preserves civil continuity;
avoids an institutional vacuum;
does not transfer Xaragua’s ancestral claims;
does not authorize interference with Xaraguayan institutions;
does not extinguish the rights of affiliated communities; and
remains subject to Xaragua’s formally recorded constitutional reservations.
Article 29 — No Presumption from Silence or Use
No silence, delay, temporary non-enforcement, administrative cooperation, acceptance of services, use of documentation, or participation in an external procedure shall constitute:
renunciation;
estoppel against Xaragua;
extinction of ancestral title;
recognition of exclusive foreign sovereignty;
dissolution of Xaraguayan institutions; or
permanent acceptance of an adverse territorial act.
Article 30 — Autonomous Community Option
A community situated within the Haitian residual administrative space may declare, according to its own lawful procedures:
cultural affiliation with Xaragua;
customary autonomy;
institutional cooperation;
protected-community status;
accession to the Constitutional Order of Xaragua; or
a special compact maintaining selected external public services.
No such community shall be required to abandon essential services as a condition of its Xaraguayan affiliation.
Article 31 — Reserved Territorial Position
Xaragua permanently reserves its constitutional and ancestral position concerning the lands historically associated with its people and identified in its Constitution.
No act of the Haitian Residual Administrative Apparatus shall bind Xaragua concerning territorial status, natural resources, protected institutions, strategic infrastructure, or Indigenous rights unless expressly ratified by the Rector-President.
TITLE VIII
INTERPRETATIVE FOUNDATIONS
Article 32 — Indigenous Self-Determination
This Organic Law shall be interpreted consistently with the principle that Indigenous peoples possess the right to:
determine their political status;
pursue their economic, social, and cultural development;
maintain and strengthen their distinct institutions;
exercise autonomy in internal and local affairs;
determine membership according to their customs;
preserve their juridical systems and traditions; and
maintain their relationship with ancestral lands and resources.
Article 33 — Constitutional Criteria of Statehood
Xaragua affirms that its permanent community, constitutionally defined territory, organized government, and capacity for institutional relations constitute the internal foundations of its statehood.
The political existence of Xaragua does not originate in recognition by a foreign authority. Recognition may confirm, facilitate, or formalize external relations, but it does not create the Indigenous people, Constitution, government, institutions, or customary order of Xaragua.
Article 34 — International Legal Sources
International instruments, judicial decisions, and learned doctrine cited by Xaragua shall be used:
to interpret Indigenous rights;
to preserve constitutional claims;
to guide institutional conduct;
to support diplomatic and academic representations; and
to document the compatibility of Xaragua’s internal order with wider legal principles.
No citation shall be interpreted as subordinating Xaragua’s Constitution to an external instrument beyond the legal effect properly belonging to that instrument.
Article 35 — Canonical Framework
The Code of Canon Law shall guide the Catholic institutions of Xaragua according to their proper status.
The Rectorate shall distinguish between:
the civil and constitutional authority of Xaragua;
the internal governance of its private Catholic institutions;
the authority reserved to the Holy See and diocesan bishops; and
the rights and responsibilities of the Christian faithful.
No provision of this Organic Law shall claim ecclesiastical office or public canonical authority not lawfully conferred.
Article 36 — Concordatory Continuity
The Concordat of 1860 and its subsequent revision shall be invoked as part of the historical framework governing relations between Catholic institutions and civil administration on the island.
Xaragua preserves the Concordat as an element of institutional memory, Catholic continuity, and future ecclesial dialogue.
No failure by another authority to fulfil concordatory responsibilities shall extinguish Xaragua’s independent constitutional duty to protect Catholic life, sacred property, education, charity, and religious freedom within its own order.
TITLE IX
SUPREMACY, CONTINUITY, AND AMENDMENT
Article 37 — Constitutional Supremacy
Within the legal order of Xaragua, this Organic Law prevails over any external administrative act inconsistent with:
the Constitution of Xaragua;
the territorial integrity of the State;
the rights of its Indigenous people;
the autonomy of its communities;
the protected status of its institutions; or
its ancestral and strategic interests.
Article 38 — Presumption of Continuity
All constitutional reservations, territorial claims, community rights, institutional protections, and ancestral titles recognized by this Organic Law shall continue unless expressly modified by a subsequent supreme act of Xaragua.
No repeal, waiver, renunciation, or transfer shall be inferred from ambiguity, silence, administrative necessity, or temporary accommodation.
Article 39 — Amendment
This Organic Law may be amended only by:
an express organic law;
a supreme constitutional decree;
a formal territorial statute; or
another instrument of equal or superior constitutional authority promulgated by the Rector-President.
No external institution may repeal, suspend, reinterpret, or amend this Law within the Constitutional Order of Xaragua.
Article 40 — Severability
If a provision of this Law is declared inapplicable in a particular context, the remaining provisions shall retain their full internal force.
The affected provision shall be interpreted, where possible, in the manner most consistent with:
the continuity of Xaragua;
the protection of its people;
the preservation of its territory;
the autonomy of its institutions; and
the original constitutional purpose of this Law.
FINAL PROVISIONS
Article 41 — Consolidation
This Organic Law supersedes inconsistent prior formulations concerning:
conditional administrative tolerance;
external administrative agents;
the Haitian residual administrative apparatus;
administration in reserva;
territorial reservation;
administrative non-recognition; and
protective activation.
Prior laws and decrees remain effective to the extent that they are compatible with this consolidated instrument.
Article 42 — Entry into Force
This Organic Law enters into force upon promulgation and shall be incorporated into the Supreme Constitutional and Legislative Corpus of Xaragua.
Article 43 — Official Interpretation
The Rector-President possesses final authority to issue binding internal interpretations, implementing decrees, territorial schedules, institutional protocols, and administrative classifications under this Law.
SOLEMN PROMULGATION
Promulgated at Miragoâne, Sacred Capital of the Sovereign Catholic Indigenous Private State of Xaragua, on the Second Day of August, in the Year of Our Lord Two Thousand Twenty-Five.
Issued for the perpetual preservation of the constitutional order, Indigenous continuity, Catholic identity, territorial integrity, institutional autonomy, and strategic interests of Xaragua.
By the authority of the Rector-President
Sovereign Catholic Indigenous Private State of Xaragua
Ad perpetuam rei memoriam.