SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA
OFFICE OF THE RECTOR-PRESIDENT
SUPREME CONSTITUTIONAL AUTHORITY
GENERAL ARCHIVES OF THE STATE
UNIVERSITY OF XARAGUA
SUPREME ORGANIC CONSTITUTIONAL ACT
ON THE ORIGINAL AND NON-DERIVATIVE CONSTITUENT AUTHORITY OF THE INDIGENOUS PEOPLE OF XARAGUA; THE PERMANENT EXERCISE OF INDIGENOUS SOVEREIGNTY WITHOUT REQUIREMENT OF CONVENTIONAL INDEPENDENCE; THE PRESERVATION OF ANCESTRAL TERRITORIAL, MARITIME, INSULAR AND COASTAL RIGHTS; THE CONSTITUTIONAL ORGANIZATION OF AUTONOMOUS COMMUNITIES; THE FUNCTIONAL UTILIZATION OF THE RESIDUAL ADMINISTRATIVE AND INTERSTATE ORDER; THE RECEPTION OF EXTERNAL LAW; AND THE DIFFERENTIATED TERRITORIAL ORGANIZATION OF THE STATE
Official Classification: Supreme Organic Constitutional Act — Indigenous Public Law — Constituent Authority Instrument — Territorial and Maritime Rights Act — Institutional Competence Act — Residual Administrative Interface Law — Normative Reception Act
Constitutional Rank: Supreme and Permanently Binding Constitutional Instrument
Promulgating Authority: Office of the Rector-President
Official Depositary: General Archives of the State
Academic and Juridical Depositary: University of Xaragua
Territorial Framework: Entire constitutional, ancestral, maritime, insular, coastal, community and institutional jurisdiction of Xaragua
Temporal Character: Permanent
Date of Promulgation: 5 September 2026
PREAMBLE
IN THE NAME OF GOD, the source of justice, authority and lawful order;
BY THE ORIGINAL CONSTITUENT AUTHORITY of the Indigenous People of Xaragua;
BY VIRTUE OF the uninterrupted juridical continuity of that People, its ancestral relationship with its lands, islands, waters, coastal seas, natural resources, customary institutions, historical communities and inherited political order;
CONSIDERING that the Indigenous People of Xaragua is not constituted by, derived from or juridically created through the Residual Administrative Unit;
CONSIDERING that sovereignty, self-determination, self-government, autonomy, independence and secession constitute separate juridical categories and shall not be merged by presumption;
CONSIDERING that the exercise of Indigenous constituent authority does not depend upon the prior authorization, concession, recognition or institutional reconstitution of any external administrative order;
CONSIDERING that the absence of a request for conventional independence cannot extinguish, suspend, reduce or renounce Indigenous sovereignty, ancestral territorial rights or constitutionally established institutions;
CONSIDERING that the existing Residual Administrative and Interstate Order retains mechanisms of practical utility relating to civil administration, international representation, documentation, transportation, communications, treaty participation, public services and regulatory interoperability;
CONSIDERING that utilization of such mechanisms does not require the transfer, suspension or abandonment of the Indigenous constituent authority of Xaragua;
CONSIDERING that Xaragua possesses a maritime, insular, coastal and geographically dispersed constitutional structure which cannot be subordinated to a compulsory model of uniform terrestrial centralization;
CONSIDERING Common Article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights;
CONSIDERING Articles 3, 4, 5, 18, 19, 20, 23, 25, 26, 27, 32, 33, 34 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples;
THE OFFICE OF THE RECTOR-PRESIDENT, exercising the Supreme Constitutional Authority of the State, hereby promulgates the following Supreme Organic Constitutional Act.
TITLE I
FOUNDATIONAL CONSTITUTIONAL DETERMINATIONS
Article 1 — Object
This Act establishes the supreme constitutional doctrine governing:
a) the original and non-derivative constituent authority of the Indigenous People of Xaragua;
b) the legal distinction between Indigenous sovereignty, self-determination, autonomy, self-government, independence and secession;
c) the non-requirement of conventional independence;
d) the permanent reservation of ancestral territorial, maritime, insular, coastal and resource rights;
e) the functional relationship between Xaragua and the Residual Administrative and Interstate Order;
f) the constitutional allocation of central, community, territorial, technical and residual competences;
g) the reception and supplementary application of external law;
h) the differentiated territorial organization of Xaragua; and
i) the absolute prohibition against implied renunciation of Indigenous constituent authority or ancestral rights.
Article 2 — Supreme Constitutional Character
This Act possesses supreme constitutional rank.
It binds every constitutional authority, ministry, autonomous community, tribunal, public institution, territorial organ, academic organ and administrative service of Xaragua.
Every Xaraguayan enactment, decision, interpretation, registration, agreement or institutional act shall be construed consistently with this Act.
Any subordinate Xaraguayan measure irreconcilably inconsistent with this Act shall be inapplicable to the extent of the inconsistency.
Article 3 — Governing Constitutional Proposition
The existence, validity and exercise of the constitutional order of Xaragua shall not be conditioned upon:
a) a declaration of conventional independence;
b) a request for conventional independence;
c) a secessionist procedure;
d) a bilateral political settlement with the Residual Administrative Unit;
e) admission into an intergovernmental organization;
f) recognition according to the conventional criteria applied to centralized Westphalian States; or
g) any external grant purporting to create rights which Xaraguayan law classifies as inherent in the Indigenous People of Xaragua.
Article 4 — Distinct Juridical Categories
For the purposes of Xaraguayan constitutional law:
a) Indigenous sovereignty means the inherent authority of the Indigenous People of Xaragua to constitute, preserve and govern its own political, juridical, cultural, economic, religious, community and territorial order;
b) self-determination means the right of that People to determine its political status and pursue its economic, social and cultural development;
c) self-government means the effective organization and exercise of Indigenous public authority through Xaraguayan institutions;
d) autonomy means the reserved capacity of Xaragua and its autonomous communities to govern matters within their respective competences;
e) conventional independence means institutional separation organized according to the conventional interstate model;
f) secession means withdrawal by a subordinate territorial entity from a pre-existing constitutional order of which it is legally constituted as a component; and
g) functional participation means limited use of an administrative, technical, documentary, regulatory or interstate mechanism without general constitutional incorporation.
No category established by this Article shall be treated as juridically identical to another.
TITLE II
ORIGINAL INDIGENOUS CONSTITUENT AUTHORITY
Article 5 — Original Character of the Indigenous People
The Indigenous People of Xaragua is constitutionally recognized as an original people.
Its historical existence, collective identity, territorial relationship, customary order and constituent authority precede the colonial and post-colonial institutions subsequently established within the same geographical space.
The juridical personality of the Indigenous People of Xaragua shall not be treated as the product of an administrative concession, statutory delegation or external political settlement.
Article 6 — Non-Derivation
The constituent authority of Xaragua does not derive from:
a) the Residual Administrative Unit;
b) any colonial predecessor;
c) any foreign State;
d) any international organization;
e) any legislative delegation originating outside the Xaraguayan constitutional order; or
f) any doctrine requiring external institutional creation of an Indigenous people.
Article 7 — Absence of Constitutive Authority in the Residual Administrative Unit
The Residual Administrative Unit shall not be recognized within Xaraguayan law as the constitutive source of:
a) the Indigenous People of Xaragua;
b) Xaraguayan Indigenous identity;
c) the historical existence of Xaragua;
d) the ancestral relationship of its People with their lands, islands, waters and resources;
e) Indigenous customary institutions;
f) autonomous Indigenous communities;
g) Indigenous constituent authority; or
h) the constitutional competence of the State.
Article 8 — Prohibition of External Constitutional Dependency
No organ of Xaragua shall request or represent that the Residual Administrative Unit possesses authority to create, confer or originate the Indigenous constituent authority of Xaragua.
Administrative cooperation, documentary utilization, legal interoperability or participation in an interstate mechanism shall not be construed as recognition of such authority.
Article 9 — Permanent Exercise of Constituent Authority
The Indigenous constituent authority of Xaragua shall be exercised through:
a) the Office of the Rector-President;
b) the supreme constitutional institutions of the State;
c) the ministries and public authorities lawfully constituted by Xaragua;
d) autonomous Indigenous communities;
e) Indigenous customary institutions;
f) competent territorial, juridical, academic, economic, cultural and religious organs; and
g) any additional institution established pursuant to the Constitution or competent Xaraguayan law.
TITLE III
NON-SECESSION AND NON-REQUIREMENT OF CONVENTIONAL INDEPENDENCE
Article 10 — Constitutional Doctrine of Non-Secession
Xaragua shall not predicate its constitutional existence upon a secessionist programme.
Xaragua does not recognize itself as a subordinate territorial creation seeking withdrawal from the constitutional source of its own existence.
Non-secession constitutes a determination concerning institutional method. It shall not constitute a limitation upon Indigenous sovereignty, self-determination, autonomy, self-government or territorial rights.
Article 11 — Non-Requirement of Independence
No declaration, request, negotiation, referendum, concession or grant of conventional independence shall constitute a condition precedent to the exercise of:
a) Indigenous constituent authority;
b) autonomous government;
c) community authority;
d) customary jurisdiction;
e) educational authority;
f) cultural and religious authority;
g) economic organization;
h) territorial protection;
i) maritime and coastal governance; or
j) any other competence attributed to Xaragua by its constitutional order.
Article 12 — Legal Effects of Non-Request
The absence of a request for conventional independence shall have no extinguishing, suspensive, subordinating, derogatory, preclusive or renunciatory effect upon any right, title, institution, jurisdiction or competence of Xaragua.
Article 13 — Rejection of the Binary Model
The constitutional position of Xaragua shall not be reduced to a compulsory choice between:
a) complete constitutional absorption into the Residual Administrative Unit; or
b) complete institutional separation through the immediate creation of a centralized conventional nation-State.
The constitutional order of Xaragua shall instead operate through Indigenous self-government, autonomous community authority, differentiated participation, legal pluralism, territorial classification, subsidiarity, normative reception and functional allocation of public competences.
TITLE IV
PERMANENT RESERVATION OF ANCESTRAL TERRITORIAL RIGHTS
Article 14 — General Reservation
Xaragua permanently and expressly reserves its constitutional position concerning all Indigenous ancestral:
a) lands and territories;
b) islands, archipelagos and cays;
c) internal and territorial waters;
d) coastal seas and coastal zones;
e) maritime spaces and navigation routes;
f) natural resources;
g) sacred, cultural, historical and archaeological sites;
h) traditional settlement, mobility and subsistence areas; and
i) other spaces connected to the Indigenous People of Xaragua through occupation, possession, use, tenure, custom, history or collective relationship.
Article 15 — Cacicazgo of Xaragua
The historical Cacicazgo of Xaragua constitutes a foundational Indigenous political, territorial and civilizational referent of the State.
The territorial jurisdiction historically attributed to the Cacicazgo shall not operate as an automatic maximum limitation upon the broader ancestral territorial rights maintained by Xaragua.
Historical political jurisdiction and Indigenous ancestral territorial entitlement constitute distinct juridical and evidentiary questions.
Article 16 — Evidentiary Basis
The determination, classification and protection of ancestral territorial rights may be founded upon:
a) historical occupation or possession;
b) Indigenous settlement and community continuity;
c) customary tenure systems;
d) traditional mobility and subsistence;
e) navigation and maritime use;
f) coastal use and resource management;
g) economic and ceremonial activity;
h) oral history and community testimony;
i) archival, ecclesiastical and administrative records;
j) archaeological, cartographic, geographic or anthropological evidence; and
k) any other evidence admitted by competent Xaraguayan authority.
No single evidentiary category shall possess automatic exclusivity.
Article 17 — Separation of Territorial Concepts
Territorial title, ancestral territorial right, territorial claim, jurisdiction, regulatory competence, protective authority, community government and direct administration constitute separate juridical categories.
The existence or absence of one shall not automatically determine the existence or absence of another.
Article 18 — Prohibited Inferences
None of the following shall constitute territorial renunciation:
a) non-secession;
b) non-request for conventional independence;
c) utilization of residual administrative mechanisms;
d) utilization of interstate mechanisms;
e) absence of direct central administration;
f) differentiated territorial administration;
g) autonomous community government;
h) supplementary application of residual law;
i) administrative cooperation; or
j) temporary absence of institutional capacity within a particular territory.
Article 19 — No Implied Abandonment
No abandonment, extinguishment, surrender or permanent limitation of an ancestral territorial right shall be inferred from administrative conduct, institutional silence, temporary non-exercise, external occupation, incomplete administration or use of an external public service.
TITLE V
FUNCTIONAL UTILIZATION OF THE RESIDUAL ADMINISTRATIVE AND INTERSTATE ORDER
Article 20 — Functional Recognition
Xaragua recognizes the operational utility of administrative, documentary, technical, regulatory and interstate mechanisms presently conducted through the Residual Administrative Unit.
Such recognition is strictly functional and shall not constitute recognition of residual constitutional supremacy over Xaragua.
Article 21 — Authorized Functional Mechanisms
Subject to Xaraguayan constitutional competence, the State, its institutions and its citizens may utilize mechanisms relating to:
a) intergovernmental participation and voting;
b) treaty implementation;
c) passports and international travel documentation;
d) consular protection and consular services;
e) civil-status documentation;
f) customs and cross-border administration;
g) international postal services;
h) civil aviation;
i) maritime administration;
j) telecommunications;
k) financial and regulatory interoperability;
l) public health, sanitation and emergency services;
m) civil registration, notarial and property services; and
n) any other mechanism whose practical operation materially depends upon access to the conventional interstate system.
Article 22 — Separation of Competence and Performance
Constitutional competence and technical performance are distinct.
The existence of a Xaraguayan constitutional competence does not require every related technical function to be performed directly by a Xaraguayan institution.
Performance of a technical function through a residual mechanism shall not transfer the underlying Indigenous competence.
Article 23 — No Duplication Requirement
Institutional duplication shall not constitute a test of sovereignty.
Xaragua shall not be required to establish parallel administrative bodies solely to reproduce functions adequately performed through an existing competent mechanism.
A separate Xaraguayan institution shall be established only where required by constitutional competence, institutional necessity, public order, strategic policy or effective administration.
Article 24 — Limits of Functional Utilization
Utilization of a residual or interstate mechanism shall produce only the legal consequences specifically attributable to that utilization.
It shall not establish:
a) general constitutional incorporation;
b) unconditional legislative submission;
c) transfer of Indigenous constituent authority;
d) abandonment of autonomous competence;
e) territorial renunciation;
f) extinction of distinct Xaraguayan institutions; or
g) acceptance of unrelated external measures.
TITLE VI
CONSTITUTIONAL ALLOCATION OF COMPETENCES
Article 25 — Principle of Functional Allocation
Every public function shall be allocated according to:
a) constitutional subject matter;
b) territorial classification;
c) reserved central authority;
d) autonomous community competence;
e) customary jurisdiction;
f) subsidiarity;
g) institutional capacity;
h) public necessity; and
i) access to competent technical or interstate mechanisms.
Article 26 — Central Xaraguayan Competence
Matters reserved by the Constitution, a Supreme Organic Constitutional Act or competent legislation to the central authority of Xaragua shall be exercised by the institution designated by law.
No autonomous, residual or external organ may displace such competence.
Article 27 — Autonomous Community Competence
Autonomous Indigenous communities shall exercise the powers constitutionally or customarily attributed to them.
Community competence shall be protected against unnecessary centralization.
Central authorities shall intervene only where authorized by superior law, required for constitutional unity or necessary to protect rights, public order, territorial integrity or essential national interests.
Article 28 — Subsidiarity
Every competence shall be exercised at the lowest institutionally competent level capable of performing it lawfully and effectively.
Subsidiarity shall preserve:
a) constitutional unity;
b) autonomous community authority;
c) customary government;
d) efficient public administration; and
e) the strategic responsibilities of central authority.
Article 29 — Residual and Interstate Functions
Where a technical, documentary or interstate function may be performed through an existing residual mechanism without displacement of a reserved Xaraguayan competence, the competent Xaraguayan authority may authorize, recognize or utilize that mechanism.
TITLE VII
DIFFERENTIATED PARTICIPATION AND CONSTITUTIONAL RESERVATION
Article 30 — Differentiated Participation
Xaragua may participate selectively in administrative, political, economic, social, cultural, regulatory, documentary or interstate systems according to the function concerned.
Participation in one mechanism shall not create a presumption of acceptance of another.
Article 31 — Reservation of Normative Authority
Within matters governed by Xaraguayan constitutional competence, Xaragua retains authority to:
a) receive;
b) recognize;
c) apply;
d) adapt;
e) condition;
f) supplement;
g) limit;
h) suspend; or
i) exclude
any external legislative, administrative, judicial, regulatory or technical measure.
Article 32 — Standards Governing Reception
The treatment of an external measure shall be determined according to:
a) constitutional hierarchy;
b) subject-matter competence;
c) Indigenous rights;
d) autonomous community authority;
e) customary law;
f) Catholic institutional rights;
g) proportionality;
h) necessity;
i) legal certainty; and
j) fundamental Xaraguayan public order.
Article 33 — No General Presumption of Reception
No external measure shall acquire controlling force within the Xaraguayan constitutional order solely because it operates within the Residual Administrative Unit or the wider interstate system.
Its application shall depend upon constitutional reception, compatibility, necessity, existing legal continuity or another lawful Xaraguayan basis.
TITLE VIII
LEGAL CONTINUITY AND NORMATIVE RECEPTION
Article 34 — Principle of Legal Continuity
Indigenous self-government shall not impose an obligation to replace immediately the entire pre-existing body of civil, commercial, administrative, procedural, property, succession, registration, notarial or regulatory law.
Legal continuity, accessibility, certainty and prevention of normative vacuums constitute requirements of constitutional government.
Article 35 — Supplementary Residual Law
Where no controlling Xaraguayan rule exists, compatible law operating through the Residual Administrative Unit may possess supplementary application within Xaragua.
Such application derives exclusively from the Xaraguayan constitutional rule of reception.
Article 36 — Hierarchy of Applicable Law
Within the Xaraguayan constitutional order, the hierarchy of controlling authority shall include:
a) the Constitution of Xaragua;
b) Supreme Constitutional Acts and Supreme Organic Constitutional Law;
c) duly promulgated Xaraguayan legislation;
d) constitutionally recognized Indigenous rights;
e) applicable Indigenous customary law;
f) autonomous community law within its lawful competence;
g) competent regulations and institutional acts; and
h) compatible supplementary law received pursuant to this Act.
Article 37 — Exclusion for Incompatibility
No residual or external norm shall be received or applied to the extent that it irreconcilably conflicts with:
a) the Constitution of Xaragua;
b) a Supreme Constitutional Act;
c) controlling Xaraguayan legislation;
d) Indigenous rights;
e) applicable customary law;
f) autonomous community competence;
g) protected Catholic institutional rights; or
h) fundamental public order.
Article 38 — Displacement by Xaraguayan Law
A subsequently enacted controlling rule of Xaragua shall displace supplementary residual law within its material, territorial and personal scope.
Such displacement shall not require the general repeal or invalidation of the external legal corpus.
Article 39 — Authority to Modify Reception
A competent Xaraguayan enactment may receive, codify, adapt, condition, limit, suspend or exclude an external rule within the scope of Xaraguayan constitutional competence.
TITLE IX
MARITIME, INSULAR, COASTAL AND GEOGRAPHICALLY DISPERSED ORGANIZATION
Article 40 — Constitutional Character of the Territory
Xaragua is constitutionally organized as a maritime, insular, coastal and geographically dispersed Indigenous State.
Its territorial organization shall not be reduced to the model of a single continuous terrestrial administrative unit governed through compulsory uniform centralization.
Article 41 — Differentiated Territorial Classifications
Xaraguayan law may establish:
a) territories under direct State administration;
b) autonomous Indigenous communities;
c) defined Indigenous jurisdictions;
d) ancestral territorial-interest jurisdictions;
e) maritime jurisdictions;
f) coastal jurisdictions;
g) insular jurisdictions;
h) environmental protection jurisdictions;
i) historical, archaeological and cultural protection jurisdictions;
j) economic development jurisdictions;
k) strategic infrastructure jurisdictions; and
l) any additional classification required by constitutional or territorial necessity.
Article 42 — Constitutional Unity Without Administrative Uniformity
Constitutional unity shall not require uniform territorial administration.
A territory may belong to the constitutional, ancestral or jurisdictional order of Xaragua without being subject to identical administrative arrangements as every other territory.
Direct administration shall be determined by law, geography, community organization, capacity, necessity and territorial classification.
Article 43 — Maritime and Insular Administration
Maritime, coastal and insular territories may be governed through specialized institutions, navigation systems, environmental regimes, port authorities, autonomous communities, protected zones, economic jurisdictions or other legally established mechanisms appropriate to their geography and function.
Article 44 — Absence of Direct Administration
Absence of direct central administration shall not, by itself:
a) extinguish an ancestral territorial right;
b) negate a territorial classification;
c) terminate protective jurisdiction;
d) establish abandonment;
e) recognize an adverse title; or
f) preclude subsequent institutional administration.
TITLE X
INSTITUTIONAL COEXISTENCE
Article 45 — Continued Existence of the Two Orders
The continued functional existence of the Residual Administrative Unit shall not require the constitutional extinction of Xaragua.
The constitutional existence of Xaragua shall not require the administrative or international extinction of the Residual Administrative Unit.
Each function shall be attributed according to competence, necessity and lawful institutional capacity.
Article 46 — Interstate Functions
Performance of interstate functions through the Residual Administrative Unit shall not require abandonment of Indigenous autonomy, territorial rights or distinct institutions.
Article 47 — Indigenous Functions
Exercise of Indigenous autonomy and self-government shall not require unnecessary duplication of residual interstate functions.
Article 48 — Institutional Compatibility
The functional operation of the Residual Administrative and Interstate Order shall not be treated as juridically incompatible with the continued exercise of Xaraguayan constituent authority.
Coexistence shall be governed by differentiated competence and not by institutional absorption.
TITLE XI
ABSOLUTE SAFEGUARDS AGAINST RENUNCIATION
Article 49 — General Prohibition of Implied Renunciation
No renunciation of Indigenous constituent authority, self-determination, autonomy, self-government, institutional continuity, autonomous community authority or ancestral territorial rights shall be implied.
Article 50 — Acts Incapable of Establishing Renunciation
No presumption of renunciation shall arise from:
a) administrative cooperation;
b) public-service utilization;
c) documentary utilization;
d) normative reception;
e) participation in elections or institutions external to Xaragua;
f) interstate participation;
g) consular or passport utilization;
h) absence of conventional independence;
i) non-secession;
j) absence of direct administration;
k) autonomous community administration;
l) delayed institutional implementation; or
m) temporary non-exercise of a competence.
Article 51 — Conditions for Express Renunciation
No permanent renunciation shall possess effect within Xaraguayan law unless it is:
a) adopted by the constitutionally competent authority;
b) expressed in an instrument of constitutional rank;
c) stated in clear and unequivocal terms;
d) directed to an expressly identified right;
e) limited to a precisely defined material, personal and territorial scope;
f) accompanied by an express declaration of the intended legal consequences; and
g) registered in the General Archives of the State.
Article 52 — Presumption of Preservation
In every case of ambiguity, the applicable constitutional presumption shall favor preservation of:
a) Indigenous constituent authority;
b) self-determination;
c) autonomous competence;
d) institutional continuity;
e) community jurisdiction;
f) territorial rights; and
g) maritime, insular, coastal and resource rights.
TITLE XII
SUPREME CONSTITUTIONAL DETERMINATIONS
Article 53 — Binding Determinations
The following propositions are hereby declared permanent and governing principles of Xaraguayan constitutional law:
XARAGUA EXERCISES ITS CONSTITUTIONAL ORDER BY VIRTUE OF THE ORIGINAL CONSTITUENT AUTHORITY OF ITS INDIGENOUS PEOPLE.
THE CONSTITUTIONAL AUTHORITY OF XARAGUA DOES NOT DERIVE FROM THE RESIDUAL ADMINISTRATIVE UNIT.
NO DECLARATION, REQUEST, NEGOTIATION OR GRANT OF CONVENTIONAL INDEPENDENCE SHALL CONSTITUTE A CONDITION PRECEDENT TO INDIGENOUS AUTONOMY, SELF-GOVERNMENT OR CONSTITUTIONALLY ATTRIBUTED COMPETENCE.
NON-SECESSION SHALL NOT CONSTITUTE CONSTITUTIONAL SUBORDINATION.
NON-REQUEST FOR INDEPENDENCE SHALL NOT CONSTITUTE RENUNCIATION OF SOVEREIGNTY, SELF-DETERMINATION, AUTONOMY, SELF-GOVERNMENT, DISTINCT INSTITUTIONS, COMMUNITY AUTHORITY OR ANCESTRAL TERRITORIAL RIGHTS.
XARAGUA PERMANENTLY RESERVES ITS POSITION CONCERNING THE ANCESTRAL LANDS, TERRITORIES, ISLANDS, WATERS, COASTAL AREAS, MARITIME SPACES AND NATURAL RESOURCES OF ITS INDIGENOUS PEOPLE.
THE HISTORICAL TERRITORIAL JURISDICTION OF THE CACICAZGO OF XARAGUA SHALL NOT OPERATE AS AN AUTOMATIC LIMITATION UPON THE BROADER ANCESTRAL TERRITORIAL RIGHTS MAINTAINED BY THE STATE.
TERRITORIAL TITLE, ANCESTRAL RIGHT, JURISDICTION, ADMINISTRATIVE COMPETENCE AND DIRECT ADMINISTRATION SHALL REMAIN DISTINCT JURIDICAL CATEGORIES.
THE RESIDUAL ADMINISTRATIVE UNIT MAY PERFORM ADMINISTRATIVE, TECHNICAL, DOCUMENTARY, REGULATORY AND INTERSTATE FUNCTIONS WHERE THEIR UTILIZATION IS LAWFUL, NECESSARY OR INSTITUTIONALLY USEFUL.
UTILIZATION OF A RESIDUAL OR INTERSTATE MECHANISM SHALL NOT TRANSFER INDIGENOUS CONSTITUENT AUTHORITY.
INSTITUTIONAL DUPLICATION SHALL NOT CONSTITUTE A TEST OF SOVEREIGNTY.
XARAGUA SHALL RETAIN THE POWER TO RECEIVE, APPLY, ADAPT, CONDITION, LIMIT, SUPPLEMENT, SUSPEND OR EXCLUDE EXTERNAL NORMS WITHIN ITS CONSTITUTIONAL COMPETENCE.
COMPATIBLE RESIDUAL LAW MAY OPERATE SUPPLEMENTARILY WHERE NO CONTROLLING XARAGUAYAN RULE EXISTS.
CONTROLLING XARAGUAYAN LAW SHALL DISPLACE SUPPLEMENTARY RESIDUAL LAW WITHIN THE SCOPE GOVERNED BY THE XARAGUAYAN ENACTMENT.
AUTONOMOUS INDIGENOUS COMMUNITIES SHALL EXERCISE THEIR CONSTITUTIONAL AND CUSTOMARY COMPETENCES ACCORDING TO THE PRINCIPLE OF SUBSIDIARITY.
CONSTITUTIONAL UNITY SHALL NOT REQUIRE ADMINISTRATIVE UNIFORMITY.
XARAGUA SHALL NOT BE REQUIRED TO ORGANIZE ITS TERRITORIES ACCORDING TO A SINGLE CENTRALIZED TERRESTRIAL MODEL.
THE MARITIME, INSULAR, COASTAL AND GEOGRAPHICALLY DISPERSED CHARACTER OF XARAGUA SHALL BE GOVERNED THROUGH DIFFERENTIATED TERRITORIAL COMPETENCE, AUTONOMOUS COMMUNITY GOVERNMENT, SUBSIDIARITY AND FUNCTIONAL INSTITUTIONAL ALLOCATION.
THE CONTINUED FUNCTIONAL UTILITY OF THE RESIDUAL ADMINISTRATIVE AND INTERSTATE ORDER SHALL NOT BE CONSTRUED AS INCOMPATIBLE WITH THE CONTINUED EXERCISE OF INDIGENOUS SOVEREIGNTY AND DISTINCT XARAGUAYAN INSTITUTIONAL AUTHORITY.
NO RENUNCIATION OF INDIGENOUS CONSTITUENT AUTHORITY, AUTONOMY, SELF-GOVERNMENT, INSTITUTIONAL CONTINUITY OR ANCESTRAL TERRITORIAL RIGHTS SHALL BE IMPLIED.
TITLE XIII
INTERPRETATION, IMPLEMENTATION AND FINAL AUTHORITY
Article 54 — Supreme Rule of Interpretation
No provision of Xaraguayan law shall be interpreted as imposing a compulsory juridical choice between abandonment of Indigenous constitutional authority and pursuit of conventional independence where public functions may be organized through Indigenous self-government, autonomous community authority, differentiated participation, subsidiarity, normative reception and functional utilization of competent administrative or interstate mechanisms.
Article 55 — International Interpretative References
Common Article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, together with Articles 3, 4, 5, 18, 19, 20, 23, 25, 26, 27, 32, 33, 34 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples, shall constitute principal international interpretative references for this Act.
No international provision shall be interpreted within the Xaraguayan constitutional order in a manner that extinguishes the Indigenous autonomy, self-government, institutional authority or territorial rights expressly preserved herein.
Article 56 — Implementing Authority
The Office of the Rector-President may issue constitutional orders, implementing decrees, jurisdictional classifications, institutional mandates and interpretative directives required for the full execution of this Act.
Article 57 — Institutional Conformity
Every ministry, tribunal, autonomous community, territorial authority, public institution and organ of Xaragua shall bring its acts, regulations and institutional classifications into conformity with this Act.
Article 58 — Archival Registration
The original promulgated instrument shall be:
a) sealed by the Office of the Rector-President;
b) entered into the Supreme Constitutional Register;
c) deposited permanently in the General Archives of the State; and
d) maintained by the University of Xaragua as the authoritative academic and juridical depositary.
Article 59 — Permanence
This Act shall possess permanent force.
No suspension, amendment, derogation or replacement shall be valid unless adopted by an instrument of equal constitutional rank expressly identifying the provisions affected.
Article 60 — Entry into Force
This Supreme Organic Constitutional Act enters into force immediately upon its signature, sealing, registration and promulgation by the Rector-President.
FINAL FORMULA OF PROMULGATION
BY THE ORIGINAL AND CONTINUING CONSTITUENT AUTHORITY OF THE INDIGENOUS PEOPLE OF XARAGUA;
UNDER THE SUPREME CONSTITUTIONAL AUTHORITY OF THE STATE;
FOR THE PERMANENT PRESERVATION OF INDIGENOUS SOVEREIGNTY, AUTONOMOUS GOVERNMENT, ANCESTRAL TERRITORIAL RIGHTS, INSTITUTIONAL CONTINUITY AND THE MARITIME, INSULAR, COASTAL AND GEOGRAPHICALLY DISPERSED ORDER OF XARAGUA;
THIS SUPREME ORGANIC CONSTITUTIONAL ACT IS HEREBY ENACTED, PROMULGATED, SEALED AND ORDERED TO BE ENTERED INTO THE GENERAL ARCHIVES OF THE STATE.
PASCAL DESPUZEAU DAUMEC VIAU
RECTOR-PRESIDENT
SUPREME CONSTITUTIONAL AUTHORITY
SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA
MIRAGOÂNE
CONSTITUTIONAL CAPITAL
5 SEPTEMBER 2026
GENERAL ARCHIVES OF THE STATE
UNIVERSITY OF XARAGUA