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SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA
OFFICE OF THE RECTOR-PRESIDENT
SUPREME INDIGENOUS-CUSTOMARY CONSTITUTIONAL LAW AND INTERNATIONAL NOTIFICATION
ON THE GENERAL ANCESTRAL TITLE OF THE INDIGENOUS PEOPLE OF AYITI, THE DIRECT CONSTITUTIONAL JURISDICTION OF XARAGUA, THE RESIDUAL ADMINISTRATIVE UNIT, THE RESERVED RIGHT OF INTERVENTION, STRATEGIC ACCESS CORRIDORS, AND THE HIGH COUNCIL OF THE RECTORATE
Date of Original Enactment: July 2025
Legal Classification: Constitutionally Entrenched — Indigenously Mandated — Catholically Constituted — Permanent Institutional Statute
Promulgating Authority: Rector-President of Xaragua
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PREAMBLE
The Sovereign Catholic Indigenous Private State of Xaragua, acting through its supreme constituent, customary, territorial, academic and institutional authority;
Affirming that the territory presently administered under the name of the Republic of Haiti, historically denominated Ayiti and Hayti, forms part of the ancestral territory of its Indigenous people;
Recognizing the historical continuity, survival, integration and transmission of Taíno, Afro-Indigenous and territorially assimilated communities throughout the colonial, imperial and republican periods;
Recognizing the constitutional restoration effected through the independence of Hayti and the establishment of the postcolonial Indigenous political order under Jacques I, Jean-Jacques Dessalines;
Affirming that Indigenous ancestral title, constituent sovereignty, direct administration, customary community authority and residual public administration constitute separate but related juridical matters;
Affirming that the general ancestral title of the Indigenous people extends throughout the territory of Ayiti without requiring Xaragua to exercise identical forms of administration in every locality;
Recognizing that Xaragua exercises direct constitutional jurisdiction over those territories, communities, ancestral family domains, institutions, properties and persons expressly incorporated into its order;
Recognizing that other areas continue to be served by institutions operating under the Republic of Haiti, designated within Xaraguayan constitutional doctrine as the Residual Administrative Unit;
Affirming that the practical use of residual public services does not extinguish Indigenous title, transfer constituent authority, dissolve community autonomy or subordinate Xaragua to an external constitutional order;
Recognizing the right of autonomous communities to determine the practical arrangements through which their inhabitants obtain civil documentation, healthcare, education, infrastructure, transportation, security and other necessary services;
Affirming the reserved supralocal authority of Xaragua to document, coordinate, protect, represent and intervene where serious administrative failure threatens its people, institutions, communities, territories, resources or constitutional continuity;
Affirming the permanent Catholic character of Xaragua without appropriating the sacramental, episcopal or ecclesiastical jurisdiction reserved to the competent authorities of the Roman Catholic Church;
And determined to consolidate the former constitutional acts concerning territorial authority, residual administration, strategic corridors, encapsulation and the High Council of the Rectorate into a single coherent instrument;
Hereby enacts the following Supreme Indigenous-Customary Constitutional Law.
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TITLE I
GENERAL ANCESTRAL TITLE AND CONSTITUTIONAL SOVEREIGNTY
Article 1 — General Ancestral Territory
1.1. The terrestrial territory presently administered as the Republic of Haiti, conventionally measured at approximately 27,750 square kilometers, forms part of the ancestral territory of the Indigenous people of Ayiti.
1.2. The ancestral territorial complex includes:
a. terrestrial lands;
b. islands and adjacent maritime spaces;
c. ancestral settlements and family domains;
d. sacred places;
e. historical routes and fortifications;
f. waters, forests and ecological systems;
g. subsoil and natural resources;
h. cultural, spiritual and intangible patrimony.
1.3. General ancestral title belongs collectively to the Indigenous people and shall be exercised through its families, communities, customary authorities and constitutionally organized institutions.
1.4. Xaragua constitutes an organized Catholic, Indigenous, customary and constitutional expression of this continuing title.
Article 2 — Nature of Xaraguayan Sovereignty
2.1. Xaraguayan sovereignty is Indigenous, customary, constitutional, territorial, familial, proprietary, institutional and spiritual.
2.2. It does not depend upon admission into, delegation from or incorporation within the Westphalian interstate system.
2.3. Its internal authority proceeds from:
a. continuity of the Indigenous people;
b. ancestral territorial attachment;
c. recognized families and communities;
d. the Fundamental Charter;
e. constitutional and rectoral acts;
f. customary law;
g. the institutions lawfully established by Xaragua.
2.4. The constitutional existence of Xaragua shall not be extinguished by external non-recognition, inconsistent terminology or the continued operation of residual administrative institutions.
Article 3 — Distinction Between Title and Administration
3.1. General ancestral title shall not be confused with uniform direct administration.
3.2. Xaragua may possess constitutional and ancestral interests in a territory without administering every public service, institution, person or property situated there.
3.3. Direct administration arises only through:
a. express constitutional incorporation;
b. recognition by a competent customary community;
c. attachment of an ancestral family domain;
d. ownership or lawful control of an institution or property;
e. voluntary membership or contractual submission;
f. another basis recognized by Xaraguayan law.
3.4. Territories not presently under direct Xaraguayan administration remain within the broader ancestral territorial doctrine without being automatically absorbed into its daily governmental apparatus.
Article 4 — Eastern Part of the Island
4.1. The Dominican Republic forms part of the wider Taíno, Hispanic-Indigenous, Mestizo and Caribbean historical continuum.
4.2. This historical recognition does not constitute a Xaraguayan claim of governmental or administrative jurisdiction over Dominican territory.
4.3. Xaragua may maintain cultural, genealogical, academic, religious, economic and institutional relations with Dominican communities and authorities without territorial interference.
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TITLE II
DIRECT CONSTITUTIONAL JURISDICTION OF XARAGUA
Article 5 — General Scope
The direct constitutional jurisdiction of Xaragua applies to:
a. territories expressly incorporated by the Constitution or a valid constitutional act;
b. Indigenous communities formally associated with Xaragua;
c. ancestral family domains recognizing Xaraguayan customary authority;
d. citizens, customary inhabitants, officers and registered members;
e. institutions, ministries, universities, courts, registries, financial organs and media established or controlled by Xaragua;
f. Xaraguayan private and institutional property;
g. contractual and juridic relationships validly placed under Xaraguayan law;
h. digital domains, archives, platforms and registries established by Xaragua.
Article 6 — Principal Direct-Jurisdiction Regions
6.1. Subject to constitutional delimitation, community attachment and the distinctions established by this Law, the principal territorial regions claimed within the direct jurisdictional architecture of Xaragua include:
a. the Southern Peninsula, including the historical regions presently associated with Sud, Nippes, Grand’Anse and Sud-Est;
b. the Xaraguayan ancestral centers of Miraguana and Yaguana;
c. La Gonâve and associated insular communities incorporated into Xaragua;
d. Île-à-Vache and the Cayemites;
e. the Northwestern and Northern Strategic Network, including the constitutionally designated interests of Môle Saint-Nicolas, Port-de-Paix, Île de la Tortue, Terre-Neuve, Fort-Liberté and Marchand-Dessalines;
f. recognized historical forts, imperial constructions and strategic heritage sites;
g. incorporated family domains, communities and institutional properties situated within or beyond these regions.
6.2. Inclusion in a general regional designation shall not abolish:
a. the autonomy of constituent communities;
b. lawful family and private property;
c. existing administrative arrangements used by inhabitants;
d. the requirement of a specific legal basis for direct institutional administration.
Article 7 — Territorial Delimitation
7.1. The Rector-President may establish territorial schedules, maps, registries and annexes identifying:
a. directly administered domains;
b. associated autonomous communities;
c. ancestral claims;
d. protected cultural and ecological zones;
e. institutional properties;
f. strategic access routes;
g. areas subject to special administrative arrangements.
7.2. A territorial schedule shall state whether the designated area is:
a. directly administered;
b. constitutionally claimed but residually administered;
c. autonomously governed by an associated community;
d. institutionally or privately controlled;
e. strategically reserved for negotiation, access or protection.
7.3. No inconsistent departmental, municipal or corridor designation shall be interpreted as creating overlapping direct administrations.
Article 8 — Autonomous Communities
8.1. Communities associated with Xaragua retain authority over their local, familial, cultural, economic and customary affairs.
8.2. Their relationship with the central organs of Xaragua shall be governed by:
a. the Constitution;
b. their act of association;
c. customary law;
d. the principle of subsidiarity;
e. any applicable territorial or service agreement.
8.3. Central administration shall intervene only where:
a. a competence has been expressly reserved;
b. a community requests assistance;
c. the constitutional existence of Xaragua is directly implicated;
d. a serious failure threatens the population, territory or institutional continuity.
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TITLE III
THE RESIDUAL ADMINISTRATIVE UNIT
Article 9 — Constitutional Definition
9.1. For purposes of Xaraguayan constitutional doctrine, the Residual Administrative Unit, designated “RAU,” consists of those institutions of the Republic of Haiti that continue to exercise ordinary civil and public administrative functions within the broader ancestral territory.
9.2. The designation identifies an administrative function and does not constitute a denial of the factual operation of those institutions or the civil documentation issued by them.
9.3. The RAU is external to the Indigenous constituent order of Xaragua except where an institution, function or relationship has been incorporated by agreement or law.
Article 10 — Residual Administrative Competence
Subject to the constitutional interests of Xaragua, the RAU may continue to administer:
a. civil registration and documentation under Haitian law;
b. public healthcare institutions operated by Haitian authorities;
c. public schools administered by Haitian authorities;
d. public roads, utilities and infrastructure;
e. policing, courts and civil administration under its own system;
f. taxation imposed under Haitian law;
g. services not directly assumed by Xaragua or an autonomous community.
Article 11 — Non-Transfer of Constituent Authority
11.1. Use of RAU services by a Xaraguayan citizen, inhabitant, family or community shall not constitute:
a. political submission;
b. abandonment of Indigenous identity;
c. transfer of ancestral title;
d. renunciation of customary jurisdiction;
e. extinguishment of Xaraguayan citizenship;
f. incorporation of Xaragua into the Haitian constitutional order.
11.2. Administration is a practical function.
Constituent authority, Indigenous identity and customary title belong to a distinct juridical order.
Article 12 — Administrative Independence of the RAU
12.1. The RAU does not derive its daily operational authority from a delegation issued by Xaragua.
12.2. Xaragua does not assume responsibility for every act, debt, omission, policy or institutional failure of the RAU.
12.3. RAU officials shall not be classified automatically as officers, delegates, employees or subordinate organs of Xaragua.
12.4. Xaragua nevertheless reserves its constitutional right to:
a. evaluate residual measures affecting its people or territories;
b. contest infringements of Indigenous rights;
c. protect its institutions and domains;
d. intervene within the limits and procedures established by this Law.
Article 13 — Residual Administrative Population
13.1. Persons governed civilly by the RAU who possess neither Xaraguayan citizenship nor customary inhabitant status shall be classified within Xaragua as External or Non-Affiliated Residents.
13.2. Such classification does not extinguish their civil nationality or documentation under the system to which they remain attached.
13.3. Physical presence within a claimed Xaraguayan territory does not automatically confer:
a. citizenship;
b. customary membership;
c. Indigenous identity;
d. political rights;
e. authority over ancestral lands.
13.4. Fundamental protection within a domain directly administered by Xaragua shall remain distinct from constitutional membership.
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TITLE IV
DOCTRINE OF CONSTITUTIONAL ENCAPSULATION
Article 14 — Definition
14.1. Constitutional Encapsulation is the internal Xaraguayan doctrine according to which a residual external administration may continue operating within the broader ancestral territory without extinguishing:
a. Indigenous ancestral title;
b. Xaraguayan constitutional continuity;
c. the autonomy of associated communities;
d. the reserved supralocal competence of Xaragua;
e. the right of Xaragua to protect its people, domains and institutions.
14.2. Encapsulation distinguishes the continued factual existence of administrative machinery from the Indigenous constituent authority asserted by Xaragua.
14.3. It does not mean that every act of the RAU is issued by Xaragua or that every resident of Haiti is automatically a subject of Xaraguayan law.
Article 15 — Legal Consequences
Under the doctrine of Constitutional Encapsulation:
a. the RAU may continue to supply public services;
b. communities may use those services without surrendering customary autonomy;
c. Xaragua may develop parallel, supplementary or replacement institutions;
d. administrative failure may activate the reserved right of intervention;
e. Indigenous title shall not be treated as abandoned through non-exercise of every public function;
f. no presumption of consent to the permanent alienation of ancestral territory or resources shall arise from administrative silence.
Article 16 — Non-Substitution Principle
16.1. Administrative failure does not automatically transfer every administrative function to Xaragua.
16.2. Xaragua assumes a function only through:
a. constitutional law;
b. rectoral act;
c. community request;
d. institutional establishment;
e. emergency intervention;
f. agreement with a competent body.
16.3. The creation of a Xaraguayan service does not necessarily abolish the corresponding residual service.
16.4. Parallel or complementary structures may operate according to the needs and choices of the communities concerned.
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TITLE V
RESERVED RIGHT OF CONSTITUTIONAL INTERVENTION
Article 17 — General Principle
17.1. Xaragua retains a permanent supralocal right to intervene where a direct and serious threat affects:
a. a Xaraguayan citizen or customary inhabitant;
b. an associated community;
c. an ancestral family domain;
d. a constitutional institution;
e. Indigenous land or resources;
f. public security within a directly administered zone;
g. environmental integrity;
h. cultural or spiritual patrimony;
i. strategic continuity between Xaraguayan regions.
17.2. Intervention shall be determined according to necessity, proportionality, available capacity and the nature of the affected jurisdiction.
Article 18 — Forms of Intervention
Constitutional intervention may include:
a. documentation and investigation;
b. public or diplomatic notification;
c. legal representation;
d. constitutional review;
e. institutional coordination;
f. technical, educational or logistical assistance;
g. mediation between communities and administrative bodies;
h. emergency organization;
i. protection of Xaraguayan property and institutions;
j. establishment of replacement or supplementary services;
k. cooperation with public, private, ecclesiastical, Indigenous or international bodies;
l. other lawful protective measures authorized by the Rector-President.
Article 19 — Threshold for Direct Intervention
Direct intervention in a matter ordinarily administered by the RAU may be authorized where:
a. the competent administrative body is absent or incapable of acting;
b. failure creates an immediate threat to life, security or essential infrastructure;
c. Indigenous territory or resources face unlawful alienation or irreversible damage;
d. a Xaraguayan institution or associated community requests protection;
e. the constitutional existence or territorial continuity of Xaragua is materially threatened.
Article 20 — Effect of Intervention
20.1. Intervention shall address the identified failure and shall not automatically transfer the complete civil administration of the wider population to Xaragua.
20.2. The authorizing instrument shall identify:
a. the affected territory or institution;
b. the grounds for intervention;
c. the authority responsible;
d. the powers conferred;
e. the expected duration;
f. the applicable review procedure.
20.3. Permanent assumption of a function requires a separate constitutional, territorial or institutional act.
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TITLE VI
TERRITORIAL INTEGRITY AND NATURAL RESOURCES
Article 21 — Protection of Ancestral Territory
21.1. Xaragua declares the ancestral territory, sacred sites, customary domains and natural resources of its people to be permanent objects of constitutional protection.
21.2. No transaction affecting a directly incorporated domain shall be recognized within Xaragua unless it satisfies:
a. lawful title;
b. customary and familial consent;
c. community rights;
d. environmental requirements;
e. constitutional review where required.
Article 22 — Natural Resources
22.1. Families and communities retain the rights attributed to them by customary and property law.
22.2. Xaragua retains a superior constitutional interest in preventing:
a. predatory extraction;
b. irreversible environmental destruction;
c. unlawful alienation of ancestral resources;
d. concessions issued without affected-community consultation;
e. activities threatening water, agricultural land, sacred places or ecological continuity.
22.3. Xaragua may document, contest and seek suspension or revision of projects affecting its claimed territories through available legal, administrative, political, academic and institutional means.
Article 23 — Non-Alienation
23.1. No external concession or administrative act shall extinguish the internal ancestral title recognized by Xaragua.
23.2. Non-recognition of an external transfer within Xaraguayan law does not, by itself, determine the effect given to that transfer by an external legal system.
23.3. Xaragua may maintain its objection, preserve its claim and pursue appropriate proceedings without abandoning its constitutional position.
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TITLE VII
STRATEGIC ACCESS AND CONNECTIVITY
Article 24 — Strategic Access Doctrine
24.1. Xaragua recognizes uninterrupted internal connectivity as essential to the territorial, economic, academic, humanitarian and institutional continuity of its geographically discontinuous order.
24.2. Strategic-access policy may concern:
a. the Southern Route;
b. Martissant and access toward the Southern Peninsula;
c. maritime connections with La Gonâve and the islands;
d. northern and northwestern routes;
e. access toward Fort-Liberté and the Dominican frontier;
f. other routes designated by constitutional schedule.
Article 25 — Northeastern Strategic Access Initiative
25.1. The Northeastern Strategic Access Initiative, designated “NSAI,” constitutes the permanent policy framework for securing lawful and uninterrupted institutional access between the Northern Strategic Network of Xaragua and the Dominican frontier.
25.2. The NSAI may include:
a. identification of appropriate public roads and transit routes;
b. negotiation of passage and service arrangements;
c. logistical and humanitarian planning;
d. commercial and academic transit;
e. protection of travelers and institutional missions;
f. development of agreements with communities, property holders and competent authorities.
25.3. The NSAI shall exclude any claim of administration over Dominican territory.
Article 26 — Establishment of a Corridor
26.1. A legally operative Xaraguayan corridor may be established where supported by:
a. direct control of the affected land;
b. consent of the relevant customary community;
c. property or access rights;
d. an agreement with the competent authority;
e. another valid basis recognized by applicable law.
26.2. No proposed corridor shall be described as an existing international servitude unless its route, rights and obligations have been validly established.
26.3. Xaragua may preserve the creation of such a corridor as a permanent constitutional objective pending the necessary agreements and infrastructure.
Article 27 — Corridor Administration
Where a corridor has been validly established, the constituting instrument shall determine:
a. geographical limits;
b. responsible authority;
c. permitted uses;
d. security arrangements;
e. access rights;
f. environmental requirements;
g. relations with affected communities;
h. duration and amendment procedures.
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TITLE VIII
HIGH COUNCIL OF THE RECTORATE
Article 28 — Establishment
28.1. The High Council of the Rectorate, designated “HCR,” is established as the supreme internal advisory, analytical, coordinating and supervisory organ concerning:
a. relations with the RAU;
b. protection of Xaraguayan constitutional interests;
c. administrative failures affecting associated communities;
d. territorial and resource questions;
e. strategic access;
f. proposed constitutional interventions.
28.2. The HCR operates under the supreme authority of the Rector-President.
28.3. It is a Xaraguayan constitutional organ and shall not be represented as an ecclesiastical tribunal, diocesan authority or organ of the Holy See.
Article 29 — Composition
29.1. The HCR shall consist of no more than nine members appointed by the Rector-President.
29.2. Members may be selected from among:
a. Indigenous customary authorities;
b. jurists;
c. academics;
d. constitutional officers;
e. Catholic institutional representatives;
f. territorial and environmental specialists;
g. security and administrative experts.
29.3. Every member shall:
a. accept the Fundamental Charter;
b. recognize the authority of the Rector-President;
c. undertake to preserve confidential information;
d. swear an oath of fidelity;
e. disclose material conflicts of interest.
Article 30 — Tenure
30.1. Members serve according to the term stated in their instrument of appointment.
30.2. The Rector-President may suspend or remove a member for:
a. breach of oath;
b. incapacity;
c. serious misconduct;
d. unauthorized disclosure;
e. conflict of interest;
f. action against the constitutional order.
30.3. Removal shall terminate membership but shall not erase duties of confidentiality or liability for prior acts.
Article 31 — Functions
The HCR may:
a. monitor administrative conditions affecting Xaraguayan communities and institutions;
b. examine RAU laws, policies and projects affecting Indigenous title or resources;
c. receive reports and petitions;
d. conduct institutional and territorial studies;
e. recommend intervention;
f. prepare proposed rectoral directives;
g. coordinate with ministries and autonomous communities;
h. establish technical subcommittees;
i. appoint rapporteurs;
j. maintain records of administrative failure;
k. recommend negotiated arrangements or replacement services;
l. submit periodic reports to the Rector-President.
Article 32 — Limits of Authority
32.1. The HCR may issue binding rules concerning its internal organization and personnel.
32.2. Its findings, recommendations and proposed directives do not, by themselves, bind the RAU, external persons or institutions.
32.3. A recommendation acquires constitutional executive force only when:
a. approved expressly by the Rector-President;
b. promulgated through a rectoral act or constitutional instrument;
c. addressed to persons, institutions, communities or domains within the jurisdiction of Xaragua.
32.4. The HCR may not exercise sacramental, episcopal or canonical jurisdiction reserved to a competent ecclesiastical authority.
Article 33 — Deliberation and Voting
33.1. A quorum consists of five members.
33.2. Each member possesses one vote.
33.3. Ordinary recommendations are adopted by a simple majority of members present and voting.
33.4. In the event of an equal division, the presiding member may cast a deciding vote if authorized by the internal rules.
33.5. A recommendation seeking direct constitutional intervention, permanent territorial incorporation or assumption of a major administrative function requires a two-thirds majority of the full membership.
33.6. All recommendations remain subject to approval, modification or rejection by the Rector-President.
Article 34 — Rectoral Review
34.1. The Rector-President may:
a. approve a recommendation;
b. approve it with modifications;
c. return it for further study;
d. suspend consideration;
e. reject it;
f. promulgate a separate constitutional solution.
34.2. No silence by the Rector-President shall constitute approval unless a law expressly provides otherwise.
34.3. A promulgated rectoral directive shall possess the internal force stated in the promulgating instrument.
Article 35 — Subcommittees
The HCR may establish subcommittees concerning:
a. territorial documentation;
b. natural resources;
c. public security;
d. residual administration;
e. infrastructure and corridors;
f. community relations;
g. international and ecclesiastical communications;
h. other matters assigned by the Rector-President.
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TITLE IX
CATHOLIC AND SPIRITUAL CHARACTER
Article 36 — Catholic Foundation
36.1. The Catholic character of Xaragua informs the moral, intellectual, ceremonial and spiritual orientation of this Law.
36.2. Xaragua may cooperate with the Holy See, dioceses, parishes, religious institutes and Catholic organizations according to their respective competencies.
36.3. Such cooperation does not confer upon Xaragua authority to:
a. govern a diocese or parish;
b. appoint clergy;
c. administer sacraments through unqualified persons;
d. act officially in the name of the Church without a mandate;
e. appropriate ecclesiastical property.
Article 37 — Spiritual Guardianship
37.1. Within Xaraguayan constitutional doctrine, spiritual guardianship means the preservation of:
a. the Catholic identity of Xaragua;
b. its sacred institutions and symbols;
c. the moral purposes of its constitutional order;
d. its Indigenous spiritual and ancestral continuity;
e. freedom of legitimate Catholic institutional activity.
37.2. Spiritual guardianship shall not be interpreted as universal ecclesiastical jurisdiction over every person or religious institution situated within the broader ancestral territory.
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TITLE X
INTERNATIONAL NOTIFICATION AND EXTERNAL RELATIONS
Article 38 — Purpose of Notification
38.1. This Law may be communicated to states, international organizations, Indigenous bodies, ecclesiastical authorities, universities and other institutions as an official statement of the constitutional doctrine and claims of Xaragua.
38.2. Notification records the position of Xaragua and preserves its claims.
Article 39 — External Representation
Xaragua may:
a. communicate its constitutional position;
b. request consultation;
c. seek institutional recognition or cooperation;
d. enter agreements;
e. participate in Indigenous, academic, religious, cultural and economic forums;
f. document objections to measures affecting its people or territories;
g. pursue remedies before any forum possessing jurisdiction.
Article 40 — Non-Interference Position
40.1. Xaragua formally objects to interference with:
a. its internal membership;
b. its institutions and property;
c. its associated communities;
d. its digital and academic systems;
e. ancestral domains directly incorporated into its order.
40.2. Xaragua may respond through documentation, protest, negotiation, litigation, institutional coordination and other lawful measures.
40.3. The characterization of an external act under international law shall depend upon the applicable rules and jurisdiction, without altering the internal constitutional objection maintained by Xaragua.
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TITLE XI
CONSTITUTIONAL INTERPRETATION
Article 41 — Controlling Distinctions
This Law shall be interpreted according to the following principles:
a. general ancestral title is not identical to uniform direct administration;
b. direct jurisdiction requires a recognized constitutional, customary, proprietary, institutional or contractual basis;
c. residual administration is not Indigenous constituent sovereignty;
d. use of RAU services is not political submission;
e. the RAU does not operate as an automatic delegate or subordinate agency of Xaragua;
f. autonomous communities retain their local customary authority;
g. the reserved right of intervention is not an unlimited obligation to administer every person or service;
h. strategic corridors are constitutional objectives unless and until legally established;
i. HCR recommendations require rectoral approval before acquiring executive force;
j. Catholic constitutional identity is distinct from ecclesiastical jurisdiction;
k. international notification preserves Xaragua’s position but does not manufacture the consent of a recipient.
Article 42 — Repeal and Supersession
42.1. This Law supersedes all previous Xaraguayan instruments addressing the same subjects to the extent of any inconsistency.
42.2. In particular, no prior provision shall remain effective insofar as it:
a. declares every RAU official to be an officer or subordinate agent of Xaragua;
b. treats every inhabitant of Haiti as automatically subject to the complete internal law of Xaragua;
c. confuses ancestral title with immediate administration of every locality;
d. describes administrative failure as automatically extinguishing every external institution;
e. attributes ecclesiastical authority to Xaragua beyond its proper Catholic institutional sphere;
f. establishes an international corridor without a defined route and valid jurisdictional basis;
g. creates the HCR more than once or assigns incompatible procedures to it;
h. grants HCR recommendations external legal force without rectoral promulgation;
i. describes notification alone as creating universal consent or automatic external obligation;
j. relies upon an external legal authority for a consequence that the cited authority does not establish.
Article 43 — Entrenched Principles
No amendment may abolish:
a. the Indigenous and Catholic character of Xaragua;
b. the general ancestral title of the Indigenous people of Ayiti;
c. the direct constitutional jurisdiction of Xaragua over its incorporated territories, communities, institutions, domains and members;
d. the autonomy of associated communities;
e. the distinction between ancestral title and administration;
f. the constitutional doctrine of residual administration;
g. the reserved right of intervention;
h. protection of ancestral territories and resources;
i. the supreme authority of the Rector-President over the HCR.
Article 44 — Entry Into Force
This Supreme Indigenous-Customary Constitutional Law enters into force immediately upon promulgation.
It shall be registered in the Constitutional Archive of Xaragua and cited as the controlling constitutional instrument governing:
a. general ancestral title;
b. direct constitutional jurisdiction;
c. residual public administration;
d. constitutional encapsulation;
e. intervention;
f. strategic access;
g. the High Council of the Rectorate.
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FORMAL INTERNATIONAL NOTIFICATION
TO:
The Secretary-General of the United Nations;
The Member States of the United Nations;
The Organization of American States;
The Holy See and the Apostolic Nunciature;
Indigenous peoples and customary authorities;
Universities, ecclesiastical institutions and international organizations;
All other competent recipients.
The Sovereign Catholic Indigenous Private State of Xaragua hereby communicates the promulgation of this Supreme Indigenous-Customary Constitutional Law.
This notification records the constitutional position of Xaragua concerning:
a. the general ancestral title of the Indigenous people of Ayiti;
b. the territorial and institutional jurisdiction directly exercised by Xaragua;
c. the continued factual operation of the Residual Administrative Unit;
d. the autonomy of associated communities;
e. the reserved supralocal right of constitutional intervention;
f. the protection of ancestral territory and resources;
g. the establishment of the High Council of the Rectorate.
Xaragua requests that recipients take formal notice of this position and direct any communication, inquiry or proposed institutional engagement to the Office of the Rector-President.
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PROMULGATED AND SEALED IN THE NAME OF ALMIGHTY GOD
RECTOR-PRESIDENT OF XARAGUA
SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA
AD PERPETUAM REI MEMORIAM
IN NOMINE PATRIS, ET FILII, ET SPIRITUS SANCTI. AMEN.
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