SOVEREIGN CATHOLIC INDIGENOUS & PRIVATE STATE OF XARAGUA
OFFICE OF THE RECTOR-PRESIDENT
SUPREME CONSTITUTIONAL AUTHORITY
UNIVERSITY OF XARAGUA
GENERAL ARCHIVES OF THE STATE
SUPREME ORGANIC CONSTITUTIONAL LAW
ON ORIGINAL INDIGENOUS SOVEREIGNTY, ANCESTRAL TERRITORIAL TITLE, CONSTITUTIONAL JURISDICTION, INTERNAL CITIZENSHIP, CUSTOMARY INHABITANT STATUS, AUTONOMOUS COMMUNITIES, RELIGIOUS COMPETENCE, AND THE RESIDUAL ADMINISTRATION OF PUBLIC SERVICES
Official Classification: Supreme Constitutional Instrument — Indigenous Customary Organic Law — Territorial and Membership Code — Autonomous Communities Statute — Residual Administrative Interface Act — Permanent State Doctrine
Supreme Authority: Office of the Rector-President
Constitutional Depositary: Supreme Constitutional Authority
Academic Depositary: University of Xaragua
Archival Depositary: General Archives of the State
Foundational Reference Date: 29 March 2025
PRELIMINARY RULE ON THE LEGAL MEANING OF CITIZENSHIP AND ELECTRONIC RESIDENCY
Citizenship, electronic residency, customary inhabitant status, institutional affiliation, registration, membership, office, rank, title, and legal capacity granted by Xaragua govern participation within the constitutional, customary, academic, administrative, proprietary, contractual, and institutional order of Xaragua.
Unless expressly established through a competent international instrument, such classifications shall not be represented as conferring conventional nationality, diplomatic status, consular immunity, freedom of entry into foreign territory, an internationally recognized passport, or territorial rights enforceable against third States solely by reason of their issuance.
This preliminary rule determines the external legal scope of Xaraguayan membership instruments without reducing their full internal constitutional effect.
PREAMBLE
The Sovereign Catholic Indigenous & Private State of Xaragua, acting through its constituent authority, customary institutions, autonomous communities, constitutional offices, academic authorities, family structures, and recognized institutional bodies;
Affirming the historical continuity of the Indigenous peoples of Ayiti and Kiskeya and the transmission of Taíno, Afro-Indigenous, familial, territorial, cultural, and customary continuity throughout successive colonial, imperial, monarchical, republican, military, and administrative regimes;
Recognizing that the termination of French colonial sovereignty in 1804 restored the constituent capacity of the people of Hayti and established an independent postcolonial constitutional order;
Recognizing that the constitutional instruments of the independence period employed the political category of the indigène to abolish colonial legal classifications and constitute a unified political community;
Recognizing Article 14 of the Imperial Constitution of 1805 as a constitutional measure of postcolonial unification and equality within the independent Haytian order;
Affirming that ancestral territorial title, direct constitutional jurisdiction, internal citizenship, civil nationality, customary residence, private ownership, political participation, public administration, and access to services constitute distinct legal categories;
Affirming that the general Indigenous title attached to the ancestral territory shall not be confused with the immediate administration of every person, municipality, institution, property, or community located within that territory;
Affirming that the direct authority of Xaragua applies within the constitutional, communal, familial, institutional, proprietary, contractual, personal, territorial, maritime, and digital domains placed under its order;
Recognizing the autonomous constitutional standing of Xaraguayan communities and their authority to determine the organization of their internal affairs and the practical arrangements through which their inhabitants obtain essential services;
Recognizing the Catholic character of Xaragua as a supreme internal constitutional, intellectual, cultural, educational, and institutional orientation, without assuming sacramental, episcopal, diocesan, or universal ecclesiastical powers reserved to the competent authorities of the Roman Catholic Church;
Determined to consolidate the constitutional rules governing sovereignty, territorial title, jurisdiction, citizenship, inhabitant status, autonomous communities, religious competence, institutional authority, public functions, residual administration, and external legal effect;
Hereby enacts this Supreme Organic Constitutional Law.
BOOK I — FOUNDATIONS OF THE XARAGUAYAN CONSTITUTIONAL ORDER
ARTICLE 1 — CONSTITUTIONAL NATURE OF XARAGUA
Xaragua constitutes an original Indigenous customary constitutional order organized in the institutional form of a sovereign Catholic Indigenous and private State.
Xaragua is not constituted as a conventional Westphalian nation-state and does not derive its internal authority from diplomatic recognition, membership in an interstate organization, delegation by an external government, or incorporation under a foreign constitutional order.
The authority of Xaragua proceeds from the continuity of its Indigenous people; ancestral attachment to territory; customary law; the consent and organization of its constituent members and communities; its Fundamental Charter; its supreme constitutional laws; its lawful institutions; and the continuity of its familial, academic, cultural, religious, proprietary, and territorial structures.
Xaragua possesses its own constitutional personality, public name, internal government, supreme authority, ministries, offices, tribunals, registries, citizenship system, academic order, archives, symbols, institutional property, administrative capacity, and external-relations competence.
No external classification shall alter the constitutional nature of Xaragua within its own order unless incorporated through a competent Xaraguayan constitutional act.
ARTICLE 2 — ORIGINAL, ANCESTRAL, INDIGENOUS, PRIVATE, AND SUI GENERIS CHARACTER
The sovereignty of Xaragua is original because its constitutional source does not arise from a colonial grant, postcolonial delegation, foreign statute, or international administrative concession.
It is ancestral because it proceeds from the continuity of the Indigenous people, territorial memory, customary authority, family structures, and inherited political order of Xaragua.
It is Indigenous because its legitimacy originates in the people of the land and in their continuing right to preserve, organize, and develop their institutions.
It is private because admission, membership, office, property, institutional participation, and internal authority remain governed by the constitutional and associative rules of Xaragua.
It is sui generis because its juridical form is determined by its own history and institutions and is not restricted to a single external theory of statehood.
It is sovereign because no foreign or residual administrative authority constitutes the source of its supreme internal jurisdiction.
ARTICLE 3 — CATHOLIC CONSTITUTIONAL CHARACTER
Catholic doctrine constitutes the principal spiritual, intellectual, historical, educational, and constitutional foundation of Xaragua.
Xaragua shall maintain institutions, ceremonies, disciplines, educational works, charitable undertakings, offices, symbols, rules, and internal classifications consistent with its Catholic identity and constitutional mission.
Xaragua does not claim to exercise sacramental, episcopal, diocesan, parochial, or universal ecclesiastical authority reserved by canon law to the competent authorities of the Roman Catholic Church.
No Xaraguayan act shall be interpreted as asserting authority over the Holy See, a diocese, bishop, parish, religious institute, public ecclesiastical juridical person, or competent ecclesiastical tribunal.
No person shall exercise sacred orders within Xaragua unless that person has validly received the order concerned under the applicable law of the Church.
Cooperation with a Catholic institution shall not transfer Xaraguayan constitutional authority to that institution or confer ecclesiastical authority upon Xaragua.
ARTICLE 4 — GOVERNING CORPUS
The constitutional order of Xaragua shall be governed and interpreted through its Fundamental Charter; supreme constitutional laws; organic laws; rectoral instruments; Indigenous customary law; the internal laws of recognized families, communities, and institutions; applicable rules of private law, property, contract, and association; and the official doctrines, records, and determinations preserved by the General Archives of the State.
Relevant international instruments may be invoked as interpretive and institutional support, including the United Nations Declaration on the Rights of Indigenous Peoples, particularly Articles 3, 4, 5, 20, 25, 26, 33, and 34, and the right of peoples to self-determination stated in common Article 1 of the International Covenants.
Canon law shall apply within its proper ecclesiastical field.
The historical constitutional instruments of Hayti may be relied upon as evidence of postcolonial constituent doctrine, political continuity, institutional development, and territorial history.
BOOK II — ANCESTRAL TITLE AND CONSTITUTIONAL JURISDICTION
ARTICLE 5 — GENERAL INDIGENOUS ANCESTRAL TITLE
The territory presently administered through the Residual Administrative Unit forms part of the ancestral territory of the Indigenous peoples of Ayiti.
General ancestral title belongs collectively to the Indigenous peoples, families, communities, and customary formations maintaining historical, genealogical, cultural, territorial, spiritual, or institutional continuity with that territory.
Ancestral title exists independently of the administrative subdivisions, civil registries, cadastral systems, municipal boundaries, and governmental classifications subsequently imposed upon the territory.
Recognition of general ancestral title does not automatically place every resident, municipality, institution, public service, parcel of land, or private property under the immediate administration of Xaragua.
Xaragua constitutes an organized constitutional expression of the broader Indigenous continuity and shall not extinguish the autonomous identity or lawful customary authority of another Indigenous people or community.
ARTICLE 6 — DIRECT CONSTITUTIONAL JURISDICTION
The direct constitutional jurisdiction of Xaragua extends to territories expressly incorporated by its constitutional instruments; autonomous communities formally associated with its order; ancestral family domains recognizing Xaraguayan authority; institutions created, owned, governed, or controlled by Xaragua; citizens, officers, members, and registrants subject to its laws; properties, archives, platforms, enterprises, and services administered by its institutions; and contractual or institutional relationships validly submitted to its jurisdiction.
Direct jurisdiction may also arise through customary recognition, community association, proprietary authority, institutional membership, contractual submission, constitutional office, or another basis established by law.
No claim of general ancestral title shall, without an additional basis of jurisdiction, be interpreted as the automatic administrative incorporation of a person, community, municipality, institution, or property.
ARTICLE 7 — COMPOSITION OF THE CONSTITUTIONAL TERRITORY
The constitutional territory of Xaragua may be geographically discontinuous.
It may include terrestrial, insular, coastal, maritime, familial, communal, institutional, proprietary, academic, archival, economic, contractual, and digital domains.
Different domains may be subject to different degrees or forms of jurisdiction according to title, possession, consent, community association, constitutional incorporation, administrative capacity, and applicable law.
The constitutional classification of a territory shall not, by itself, impose direct administration where the State has established autonomous, delegated, coordinated, residual, or transitional arrangements.
ARTICLE 8 — EASTERN PART OF THE ISLAND
The eastern part of the island forms part of the wider Taíno, Hispanic-Indigenous, Afro-Indigenous, and Caribbean historical continuum.
Xaragua claims no governmental or administrative jurisdiction over the Dominican Republic by reason of that historical relationship.
The sovereignty and territorial administration of the Dominican Republic shall not be disturbed by Xaraguayan cultural, genealogical, academic, religious, commercial, or Indigenous relations.
Xaragua may establish and maintain relations with persons, communities, universities, churches, enterprises, and institutions within the Dominican Republic in accordance with applicable law and mutual consent.
ARTICLE 9 — PROTECTION OF ANCESTRAL DOMAINS
Ancestral territories, sacred places, family domains, communal lands, historical sites, cultural property, archives, and natural resources incorporated into the Xaraguayan order shall be protected against unauthorized permanent alienation.
Any transfer, concession, lease, encumbrance, extraction project, occupation, or material alteration affecting a protected domain shall be subject to the applicable requirements of customary consent, family or community authority, constitutional review, environmental protection, property law, and institutional registration.
Xaragua may document, notify, contest, negotiate, litigate, regulate, or otherwise oppose any act affecting a claimed domain through lawful constitutional, administrative, contractual, diplomatic, judicial, or public means.
The assertion of protection shall be supported by the appropriate territorial, genealogical, historical, proprietary, customary, institutional, or environmental record.
BOOK III — HAYTIAN FOUNDATIONAL CONTINUITY
ARTICLE 10 — CONSTITUTIONAL MEANING OF THE INDIGENOUS POLITICAL CATEGORY
The constitutional vocabulary of the Haytian independence period employed the term indigène as a political designation for members of the liberated community.
In that constitutional context, the term expressed emancipation from colonial status, membership in the independent order, attachment to the territory, and participation in the constituent body.
Article 14 of the Constitution of 1805 abolished former legal distinctions of colour and established a general constitutional designation for the national population.
Xaragua shall interpret that provision as an instrument of postcolonial political unification, legal equality, and constitutional declassification from the former colonial order.
This interpretation recognizes the African origin of substantial portions of the population, the decisive role of enslaved Africans and their descendants in the Revolution, and the continuity of Indigenous ancestry, territory, culture, and political identity.
ARTICLE 11 — CONSTITUTIONAL CONTINUITY WITH THE INDEPENDENT HAYTIAN ORDER
Xaragua recognizes Jacques I, Jean-Jacques Dessalines, as the principal founder of the independent Haytian constitutional order.
Xaragua claims constitutional and doctrinal continuity with the definitive termination of colonial sovereignty; the independence of the territory; the constituent authority of the liberated population; the abolition of colonial racial classifications; the protection of national resources; the defence of territorial integrity; and the rejection of foreign political domination.
This continuity is constitutional, territorial, historical, and doctrinal.
It shall not be interpreted as automatically transferring to Xaragua every debt, obligation, treaty, asset, liability, administrative function, or governmental act attributed to every subsequent Haytian regime.
The constitutional continuity claimed by Xaragua and the continuing factual operation of external administrative institutions may coexist without merger.
BOOK IV — AUTONOMOUS COMMUNITIES AND RESIDUAL PUBLIC ADMINISTRATION
ARTICLE 12 — CONSTITUTIONAL AUTONOMY OF COMMUNITIES
Autonomous communities associated with Xaragua retain authority over their internal, local, customary, familial, cultural, social, economic, and communal affairs.
Community autonomy includes the authority to maintain local institutions, recognize customary leadership, regulate internal membership, preserve land-use practices, organize mutual assistance, and determine practical service arrangements.
Association with Xaragua shall not abolish the internal identity, property, family structures, or customary procedures of a community except where expressly required by the supreme constitutional order.
Use of a service supplied by the RAU, a foreign State, a municipality, a church, a charitable institution, a private provider, or an international organization shall not terminate or reduce community autonomy.
ARTICLE 13 — ACCESS TO SERVICES
Each autonomous community may determine the lawful and practical means through which its inhabitants obtain healthcare, education, civil documentation, water, sanitation, energy, communications, roads, transportation, public safety, judicial services, administrative services, social assistance, emergency response, and humanitarian support.
Such services may be supplied directly by Xaragua, administered locally, delegated by agreement, obtained from the RAU, contracted from private providers, coordinated with religious or charitable institutions, or supported through international cooperation.
The identity of the service provider shall not, by itself, determine the constitutional identity of the community receiving the service.
ARTICLE 14 — RESIDUAL ADMINISTRATIVE UNIT
For the purposes of Xaraguayan constitutional law, the governmental and administrative institutions conventionally designated as the Republic of Haiti shall, in their relationship with Xaragua, be classified as the Residual Administrative Unit.
The designation differentiates residual public administration from the original constituent authority, constitutional jurisdiction, customary title, and institutional identity of Xaragua.
The classification does not deny the factual operation of RAU institutions, the civil documentation issued by them, the services administered through them, or their current function within the interstate system.
The RAU may continue to perform civil, fiscal, municipal, judicial, policing, documentary, consular, infrastructural, technical, health, educational, customs, security, and other administrative functions used by Xaraguayan persons and communities.
The RAU is an administrative interface. It is not the constitutional source of Xaragua.
ARTICLE 15 — EFFECT OF USING RAU SERVICES
The use, possession, acceptance, or recognition of an RAU passport, civil-status record, identification document, licence, judgment, permit, tax record, school credential, medical service, police service, public utility, administrative decision, or other official instrument shall not, by itself, constitute political submission to the RAU; abandonment of Indigenous identity; transfer of ancestral title; termination of community autonomy; renunciation of Xaraguayan citizenship; or incorporation of Xaragua into the RAU constitutional order.
Xaragua may recognize the practical and civil effects of an RAU act without recognizing that act as a source of Xaraguayan constitutional authority.
ARTICLE 16 — SUBSIDIARY INTERVENTION BY XARAGUA
Xaragua shall operate principally at the constitutional, institutional, strategic, supralocal, academic, territorial, and representative levels.
Where an administrative failure creates a direct and substantial risk to a Xaraguayan community, institution, population, territory, property, archive, or constitutional interest, Xaragua may intervene within its lawful competence and available capacity.
Intervention may include coordination, documentation, official notification, institutional assistance, emergency organization, legal representation, educational support, technical support, resource mobilization, public communication, or cooperation with competent public, private, ecclesiastical, Indigenous, or international bodies.
Such intervention shall not create a general obligation for Xaragua to replace every civil service or assume the complete daily administration of the affected territory.
BOOK V — INTERNAL CITIZENSHIP, INHABITANT STATUS, AND ELECTRONIC RESIDENCY
ARTICLE 17 — GENERAL CATEGORIES OF ATTACHMENT
Xaragua recognizes the following principal categories of attachment to its constitutional order:
Xaraguayan Citizen;
Xaraguayan Customary Inhabitant;
Xaraguayan Electronic Resident;
Institutional Member or Affiliate;
External or Non-Affiliated Resident.
These classifications determine legal attachment, institutional capacity, participation, protection, duties, eligibility, and access within the Xaraguayan order. They do not establish a hierarchy of inherent human dignity.
ARTICLE 18 — XARAGUAYAN CITIZENSHIP
Xaraguayan citizenship constitutes formal membership in the constitutional body of Xaragua.
Citizenship may arise through recognized descent, family affiliation, customary adoption, community incorporation, institutional naturalization, exceptional constitutional admission, or another basis established by law.
Citizenship requires voluntary acceptance of the Fundamental Charter, compliance with the prescribed oath or declaration, approval by the competent authority, and entry in the official citizenship register.
Citizenship shall not arise automatically from birth in a claimed territory, physical residence, employment, property ownership alone, possession of an external civil document, enrolment in an academic program, purchase of a service, or electronic registration.
Citizens may exercise the political, institutional, academic, electoral, representative, proprietary, or participatory rights established by Xaraguayan law.
Eligibility for a specific office may be subject to additional requirements concerning competence, education, discipline, customary standing, Catholic profession, residence, service, security clearance, or constitutional mandate.
ARTICLE 19 — TRANSMISSION AND ACTIVATION OF CITIZENSHIP
Citizenship may be transmitted through a recognized Xaraguayan family, subject to confirmation and registration.
Descent establishes constitutional eligibility and continuity but shall not dispense with formal activation where an oath, declaration, registration, or age requirement is prescribed.
The status of a minor child may be registered provisionally through a parent, guardian, family authority, or competent public office.
Upon attaining the required age, the person concerned may be required to confirm citizenship personally.
Failure to activate a transmissible status shall not extinguish genealogical or customary attachment.
ARTICLE 20 — ADMISSION WITHOUT DESCENT
A person without Xaraguayan descent may apply for admission through customary adoption by a recognized family; permanent incorporation into an autonomous community; marriage or family union recognized by law; exceptional service; institutional naturalization; constitutional grant; or another lawful procedure.
Admission shall remain voluntary on the part of the applicant and discretionary on the part of the competent Xaraguayan authority.
No service, donation, investment, employment, academic credential, religious affiliation, or period of residence shall create an automatic entitlement to citizenship.
ARTICLE 21 — XARAGUAYAN CUSTOMARY INHABITANT
A Xaraguayan Customary Inhabitant is a person possessing a substantial and recognized connection with a Xaraguayan community, family, or ancestral domain without having activated or received citizenship.
Such connection may arise through descent, customary residence, recognized family incorporation, custodianship of ancestral land, adoption, permanent household membership, communal service, or another relationship accepted by the competent community.
A customary inhabitant shall not be classified as foreign to the community solely because citizenship has not been activated.
Customary inhabitant status does not confer constitutional political rights reserved to citizens.
The status may protect customary residence, family life, communal participation, ancestral land use, cultural continuity, access to internal mediation, and preservation of historical attachment.
ARTICLE 22 — XARAGUAYAN ELECTRONIC RESIDENCY
Electronic residency constitutes a registered digital and institutional relationship with Xaragua.
It may provide access to designated digital services, educational platforms, commercial facilities, registries, payment systems, professional networks, administrative interfaces, or contractual mechanisms.
Electronic residency does not automatically confer citizenship, customary inhabitant status, political rights, physical residence, immigration status, diplomatic protection, nationality, land title, or a right of entry into any territory.
The rights and obligations of an electronic resident shall be determined by the law, registration terms, service agreement, or institutional act governing the applicable program.
Electronic residency may be suspended, limited, or terminated for fraud, misuse, security risk, material breach, false representation, or non-compliance with the applicable rules.
ARTICLE 23 — INSTITUTIONAL MEMBERS AND AFFILIATES
A person may be affiliated with a Xaraguayan university, ministry, enterprise, order, academy, program, profession, commission, or service without becoming a citizen.
Institutional affiliation confers only the rights, functions, duties, titles, and capacities assigned by the governing statute or instrument.
Academic enrolment shall not confer citizenship.
Appointment to a technical, advisory, academic, cultural, or commercial function shall not confer political membership unless expressly provided by law.
No affiliate may represent an institutional title as a diplomatic, consular, military, governmental, or constitutional rank unless the title has been lawfully granted in that capacity.
ARTICLE 24 — EXTERNAL OR NON-AFFILIATED RESIDENT
An External or Non-Affiliated Resident is a person physically present within a Xaraguayan domain who has not acquired citizenship, customary inhabitant status, electronic residency, or institutional affiliation.
Physical presence does not create membership in Xaragua.
Such persons ordinarily remain subject to the civil, fiscal, immigration, documentary, and administrative systems applicable to their externally recognized nationality or residence.
Their relationship with the RAU or another foreign administration does not authorize automatic participation in Xaraguayan government, institutions, titles, elections, appointments, property regimes, or customary decisions.
Xaragua may recognize external contracts, licences, civil records, court decisions, permits, qualifications, and administrative acts where required for practical administration.
ARTICLE 25 — FUNDAMENTAL GUARANTEES
Every person physically present within a domain directly administered by Xaragua is entitled to the protection of life, bodily integrity, conscience, family life, lawful property, and basic procedural rights.
No classification of citizenship, residence, affiliation, or inhabitant status shall authorize arbitrary violence, detention, dispossession, discrimination, or denial of elementary procedural protection.
Political membership, eligibility for office, voting, access to internal ranks, and participation in constitutional decision-making may remain reserved to citizens.
Protection of fundamental rights shall not confer citizenship, political membership, institutional office, or customary territorial title.
ARTICLE 26 — RENUNCIATION, SUSPENSION, AND REVOCATION
Citizenship may be voluntarily renounced by a person possessing legal capacity.
Citizenship may be suspended or revoked only upon a ground and through a procedure established by law.
Grounds may include fraudulent admission, falsification of records, material breach of the constitutional oath, unlawful appropriation of public authority, prohibited foreign representation, or serious action directed against the constitutional existence of Xaragua.
The person concerned shall receive notice of the grounds, access to the relevant procedure, and an opportunity to answer the allegations.
Renunciation, suspension, or revocation shall not extinguish obligations concerning family, property, contracts, debts, confidentiality, public records, or acts completed before the change of status.
BOOK VI — RELIGION, CONSCIENCE, AND ECCLESIASTICAL COMPETENCE
ARTICLE 27 — FREEDOM OF CONSCIENCE
Xaragua maintains a Catholic constitutional identity while recognizing individual freedom of conscience and religious practice.
No person shall be compelled to receive baptism, profess the Catholic faith, receive a sacrament, or participate in religious worship.
Non-Catholics may participate in educational, cultural, economic, technical, professional, commercial, and administrative institutions where the applicable statute permits.
Offices directly responsible for Catholic doctrine, liturgy, sacramental preparation, catechesis, or spiritual formation may be restricted to qualified Catholics.
ARTICLE 28 — EXTERNAL RELIGIOUS COMMUNITIES
Religious communities operating within Xaraguayan institutions or upon Xaraguayan property shall comply with the applicable constitutional, contractual, educational, security, and property rules.
Xaragua shall not claim theological or sacramental jurisdiction over the internal doctrine of another religious community.
No religious organization shall acquire governmental, territorial, constitutional, or proprietary jurisdiction merely by establishing a place of worship, providing services, or obtaining adherents.
Schools, estates, residences, charitable institutions, places of worship, and permanent administrative structures may be regulated through laws of general application.
ARTICLE 29 — RELATIONS WITH THE ROMAN CATHOLIC CHURCH
Pastoral and sacramental jurisdiction over Catholics belongs to the competent ecclesiastical authorities in accordance with canon law.
Xaragua may cooperate with the Holy See, dioceses, parishes, religious institutes, associations, universities, hospitals, schools, charities, and other Catholic institutions.
Such cooperation shall not transfer the constitutional authority of Xaragua or attribute ecclesiastical jurisdiction to a Xaraguayan civil or academic office.
No Catholic institution shall be presumed responsible for every civil, educational, medical, financial, administrative, or material need arising within Xaraguayan communities.
Responsibility shall be determined by actual competence, legal mandate, contractual undertaking, available resources, and the terms of the applicable cooperation instrument.
BOOK VII — PUBLIC FUNCTIONS AND ADMINISTRATIVE CAPACITY
ARTICLE 30 — ESSENTIAL FUNCTIONS OF XARAGUA
The essential functions of Xaragua include preservation of constitutional and customary continuity; protection and documentation of ancestral title; maintenance of citizenship, membership, inhabitant, and institutional registers; operation of the University of Xaragua; formation of public and institutional cadres; preservation of legal, historical, cultural, academic, canonical, and territorial archives; representation of Xaraguayan interests; coordination among autonomous communities; development of economic, financial, security, digital, territorial, academic, and institutional capacity; and protection of the names, seals, symbols, offices, records, property, and constitutional identity of the State.
ARTICLE 31 — CREATION OF PUBLIC INSTITUTIONS
Xaragua may establish ministries, offices, councils, tribunals, registries, commissions, universities, faculties, academies, public enterprises, financial institutions, security bodies, media organs, archives, and technical services.
The competence of each institution shall be established by constitutional law, organic law, statute, delegation, appointment, or founding instrument.
No institution shall exercise a power not assigned to it.
The creation of Xaraguayan institutions shall not require reproduction of the full bureaucracy of a conventional Westphalian State.
ARTICLE 32 — MODES OF SERVICE DELIVERY
A public, community, institutional, technical, educational, medical, infrastructural, financial, cultural, or administrative service may be administered directly by Xaragua; exercised by an autonomous community; delegated to a competent body; supplied under contract; coordinated through an interinstitutional agreement; obtained through the RAU; or provided by a private, ecclesiastical, academic, charitable, international, or foreign institution.
Delegation or external provision shall not transfer the supreme constitutional authority of Xaragua.
The scope of responsibility shall correspond to the function actually assumed.
ARTICLE 33 — LIMITS OF GENERAL ADMINISTRATIVE RESPONSIBILITY
Xaragua is responsible for institutions, officers, properties, services, and undertakings formally placed under its authority or control.
General ancestral title shall not make Xaragua automatically responsible for every public-service failure, private act, criminal offence, administrative omission, environmental injury, or infrastructural deficiency occurring throughout the broader ancestral territory.
Xaragua may intervene, assist, document, coordinate, represent, finance, or develop services where the competent authority determines that action is constitutionally necessary and materially practicable.
A discretionary intervention shall not automatically establish a permanent obligation to assume the entire function concerned.
BOOK VIII — EXTERNAL RELATIONS AND LEGAL EFFECT
ARTICLE 34 — EXTERNAL-RELATIONS CAPACITY
Xaragua may establish and maintain relations with Indigenous peoples, customary authorities, universities, research institutions, religious and ecclesiastical bodies, private juridical persons, corporations, nongovernmental organizations, international organizations, municipalities, regional authorities, States, diplomatic missions, cultural institutions, financial bodies, and economic partners.
Such relations may be conducted through the Office of the Rector-President, the Ministry of Foreign Affairs, the University of Xaragua, an authorized public institution, an autonomous community, or a duly appointed representative.
ARTICLE 35 — USE OF INTERNATIONAL INSTRUMENTS
Xaragua may invoke international instruments as interpretive, diplomatic, institutional, or evidentiary support for Indigenous self-determination, autonomy, cultural continuity, membership, institutions, customs, territorial attachment, and internal procedures.
No international instrument shall be represented as producing an obligation, status, immunity, or jurisdiction beyond its applicable scope.
The United Nations Declaration on the Rights of Indigenous Peoples shall serve as an authoritative international framework for interpreting the rights of Indigenous peoples to maintain and develop their identities, institutions, laws, customs, communities, and membership systems.
The Montevideo Convention may be used as a comparative articulation of classical criteria associated with international legal personality. Its invocation shall neither make Xaragua a contracting party nor replace its Indigenous, customary, constitutional, and private foundations.
Canon law shall apply to Catholic persons and ecclesial activities according to its proper terms and shall not independently create civil territorial sovereignty.
ARTICLE 36 — INTERNAL BINDING FORCE
This Law is binding upon every institution, officer, citizen, customary inhabitant, electronic resident, registered member, affiliate, and autonomous community of Xaragua according to the legal relationship concerned.
Its application to another person may arise through valid customary authority, direct territorial administration, property, contract, consent, institutional membership, community association, applicable law, or formal agreement.
No person shall be subjected to a Xaraguayan obligation solely by rhetorical declaration where no constitutionally recognized basis of jurisdiction exists.
Xaragua may defend, present, register, and enforce its laws and interests before any competent forum without surrendering its constitutional identity.
BOOK IX — CONSTITUTIONAL INTERPRETATION, CONSOLIDATION, AND PERMANENCE
ARTICLE 37 — MANDATORY DISTINCTIONS
For the interpretation of the entire Xaraguayan legal order:
General ancestral title shall not be confused with automatic direct administration.
Direct constitutional jurisdiction shall not be confused with unrestricted territorial control.
Physical residence shall not be confused with citizenship.
Customary inhabitant status shall not be confused with civil nationality.
Electronic residency shall not be confused with immigration status, physical residence, nationality, diplomatic status, or territorial entitlement.
Institutional affiliation shall not be confused with constitutional political membership.
Indigenous membership shall not be confused with documentation issued by an external administration.
Catholic constitutional identity shall not be confused with ecclesiastical jurisdiction.
Use of an RAU service shall not be confused with transfer of original sovereignty.
Recognition of a civil or administrative act shall not be confused with recognition of its issuing authority as the constitutional source of Xaragua.
Protection of fundamental rights shall not be interpreted as conferring citizenship, office, title, or political participation.
ARTICLE 38 — SUPREMACY AND CONSOLIDATION
This Law constitutes the controlling constitutional instrument governing the subjects contained herein.
Every prior Xaraguayan provision concerning territorial title, direct jurisdiction, citizenship, electronic residency, customary inhabitant status, autonomous communities, religious competence, residual administration, public responsibility, or external residents shall be interpreted in conformity with this Law.
Any prior provision establishing an incompatible method of automatic citizenship, automatic territorial incorporation, unlimited administrative responsibility, ecclesiastical jurisdiction, or external subordination is hereby repealed to the extent of the incompatibility.
Prior acts not inconsistent with this Law shall remain in force.
ARTICLE 39 — ENTRENCHED PRINCIPLES
No amendment may abolish the Indigenous and customary character of Xaragua; the original source of its constitutional authority; the autonomy of its constituent communities; the distinction between ancestral title and direct administration; the voluntary and non-automatic character of citizenship; the distinction between electronic residency and citizenship; the fundamental guarantees applicable to persons under direct administration; the Catholic constitutional identity of Xaragua; the distinction between Xaraguayan constitutional authority and Roman Catholic ecclesiastical jurisdiction; or the distinction between the Xaraguayan State and the Residual Administrative Unit.
ARTICLE 40 — AMENDMENT
This Law may be amended only through an express constitutional instrument promulgated by the competent supreme authority.
No administrative directive, ministerial practice, institutional policy, registration form, contractual condition, digital interface, or external classification may amend its constitutional provisions.
ARTICLE 41 — OFFICIAL INTERPRETATION
The Office of the Rector-President retains supreme authority to issue binding constitutional interpretations of this Law.
The competent ministries, tribunals, registries, autonomous communities, and institutional authorities may issue implementing measures within their assigned jurisdiction, provided that no such measure contradicts the present Law.
Questions concerning archives, official versions, dates, and textual consolidation shall be determined through the General Archives of the State.
ARTICLE 42 — ENTRY INTO FORCE
This Supreme Organic Constitutional Law enters into force immediately upon promulgation by the Rector-President.
It shall be registered in the Constitutional Register, deposited in the General Archives of the State, incorporated into the official legal corpus of the University of Xaragua, and cited as the controlling law governing original Indigenous sovereignty, ancestral territorial title, constitutional jurisdiction, internal citizenship, electronic residency, customary inhabitant status, autonomous communities, Catholic constitutional identity, and residual public administration.
ENACTED BY THE RECTOR-PRESIDENT
SOVEREIGN CATHOLIC INDIGENOUS & PRIVATE STATE OF XARAGUA
AD PERPETUAM REI MEMORIAM
IN NOMINE PATRIS, ET FILII, ET SPIRITUS SANCTI. AMEN.