Encapsulation

---

---

SUPREME CONSTITUTIONAL LAW OF THE SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA (SCIPS‑X)

ON THE PRINCIPLE OF CANONICAL POSSESSION AND THE UNCONTESTED AUTHORITY OF XARAGUA OVER THE FORMER REPUBLIC OF HAITI

Enacted by the Supreme Rectoral Office under the Full Authority of the Constitution of SCIPS‑X, the Canon Law of the Roman Catholic Church, the Customary Law of the Xaragua Confederacy, and the Universally Recognized Norms of Indigenous and International Law

---

---

---

---

ARTICLE I — CANONICAL AND CUSTOMARY BASIS OF DOMINION

---

1.1. In accordance with the supreme principle of dominium ex canonica auctoritate, the Sovereign Catholic Indigenous Private State of Xaragua affirms the following canonical maxim as binding constitutional doctrine:

---

> "Ubi nullus est dominus, ibi est dominus ille qui potest."

(Where there is no master, the one who is able becomes the master.)

---

---

---

1.2. This principle, rooted in the canonical jurisprudence of the Roman Catholic Church and mirrored in the ius gentium (law of peoples), establishes that in the absence of a legitimate, effective, and morally grounded sovereign, sovereignty may lawfully be acquired by rightful actus publici of declaration, notification, and encapsulation.

---

---

---

---

ARTICLE II — ABSENCE OF CONTESTATION AND IMPLIED CONSENT

---

2.1. Since the solemn declaration and juridical encapsulation of the territory formerly known as the Republic of Haiti by SCIPS‑X, no State, no international organization, and no legal entity has issued:

---

any formal diplomatic rejection,

---

any legal denial of Xaragua's territorial claim,

---

nor any challenge to its sovereign authority over said domain.

---

---

2.2. This universal silence in the face of juridical notification shall be understood, under international law and canonical logic, as:

---

tacit recognition (tacita confessio),

---

legal acquiescence,

---

and irreversible juridical effect.

---

---

2.3. The burden of opposition having not been fulfilled by any actor under the procedural timelines afforded by the Vienna Convention on the Law of Treaties (1969), nor by the internal mechanisms of the former Haitian administration, the sovereignty of Xaragua is now fully opposable erga omnes.

---

---

---

---

ARTICLE III — STATUS OF THE FORMER REPUBLIC OF HAITI

---

3.1. The former Republic of Haiti is now under full canonical encapsulation, as defined in the Supreme Law on the Encapsulation and Dissolution of the Post-Colonial Haitian Apparatus.

---

3.2. No person, institution, or administration of that entity retains legal standing to act on behalf of the territory without prior canonical and juridical delegation from the Supreme Rector of Xaragua.

---

3.3. No official act undertaken by Haitian officials, civil servants, or diplomatic agents after the date of encapsulation shall have any legal value in international law unless explicitly ratified by SCIPS‑X.

---

---

---

---

ARTICLE IV — RECOGNITION OF THE SUPREME RECTOR’S STANDING

---

4.1. In the present global juridical condition, the only man standing in rightful legal dominion over the land formerly administered as Haiti is the Supreme Rector-President of SCIPS‑X, by virtue of:

---

his act of canonical institution,

---

his public and solemn notification,

---

his uncontested jurisdictional encapsulation,

---

and his permanent Indigenous and ecclesiastical standing.

---

---

4.2. No other individual, state, or entity holds:

---

lawful sovereignty,

---

canonical legitimacy,

---

nor territorial authority, over the lands encapsulated under the Constitution of Xaragua.

---

---

---

---

---

ARTICLE V — LEGAL CONSEQUENCES AND FINALITY

---

5.1. All international courts, foreign tribunals, and intergovernmental mechanisms are hereby put on notice that:

---

Any claim over the territory encapsulated by SCIPS‑X shall be considered invalid ab initio,

---

Any attempt to bypass the Supreme Rectoral authority shall be deemed a breach of Indigenous sovereignty and subject to canonical sanctions,

---

Any use of former Haitian designations shall be interpreted as a relic of a dissolved colonial apparatus and void of legal force.

---

---

5.2. Henceforth, any lawful legal act concerning the territory of the former Republic of Haiti must:

---

Refer to the juridical dominion of SCIPS‑X,

---

Recognize the sole authority of its Rectoral Government,

---

And cease to invoke the defunct sovereignty of any colonial or post-colonial regime.

---

---

---

---

---

ARTICLE VI — CANONICAL RATIFICATION

---

6.1. This law is issued under the seal of canonical jurisdiction, and carries full weight under:

---

Canon Law of the Roman Catholic Church (CIC 1983, Canons 204–207, 129–130),

---

The Montevideo Convention on the Rights and Duties of States (1933),

---

UNDRIP (United Nations Declaration on the Rights of Indigenous Peoples, 2007),

---

The Vienna Convention on the Law of Treaties (1969),

---

The customary law of the Xaragua Confederacy,

---

And the inherent right of peoples to self-determination as per Article 1 of the UN Charter and the ICCPR.

---

---

6.2. This law shall be inscribed into the Official Ledger of the Supreme Constitutional Corpus of Xaragua and remains eternally binding upon all institutions, persons, and territories within its jurisdiction and under its protection.

---

---

---

---

ENACTED this day under the full and sovereign authority of the Supreme Rector-President of Xaragua, in the name of Divine Law, Indigenous Right, and Canonical Order.

---

IN XARAGUA, THE CAPITAL OF THE LIVING SOVEREIGNTY

By the Supreme Rectorship and the Seal of the Crown.

Let it be known. Let it be binding. Let it be eternal.

SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA SUPREME CONSTITUTIONAL LAW AND INTERNATIONAL DIPLOMATIC NOTIFICATION 

On the Final and Irrevocable Encapsulation of the Former Republic of Haiti under the Sovereign Authority of Xaragua 

Promulgated under the Supreme Seal of the Rector-President of Xaragua 

Date of Enactment: July 6, 2025 

Legal Classification: 

Constitutionally Entrenched – Canonically Ratified – Jus Cogens-Protected – Universally Opposable – Irreversible by Any Residual Entity or External Actor --- 

TO THE ATTENTION OF: 

H.E. António Guterres, Secretary-General of the United Nations 

Permanent Members of the United Nations Security Council 

Member States of the United Nations General Assembly International Court of Justice (ICJ)

Permanent Forum on Indigenous Issues (UNPFII)

Organization of American States (OAS) 

All States, Governments, Institutions, Peoples, and International Organizations 

--- 

PREAMBLE 

Whereas the Sovereign Catholic Indigenous Private State of Xaragua (hereinafter “Xaragua”) has, in conformity with the principles of international law, ecclesiastical law, and indigenous rights, established itself as a fully constituted juridical subject possessing plenary legal personality as recognized under the Montevideo Convention on the Rights and Duties of States (1933), Article 1, which enumerates the criteria for statehood including permanent population, defined territory, effective government, and capacity to enter into relations with other states; Whereas this status is consolidated under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP, 2007), Articles 3, 4, 5, and 46, which affirm the inalienable right of indigenous peoples to exercise self-determination, autonomy, and governance over their ancestral lands and resources; 

Whereas the Vienna Convention on the Law of Treaties (1969), Articles 26 and 27, codifies the principle of pacta sunt servanda and the supremacy of international obligations over any invocation of domestic legal impediments; whereas the Codex Iuris Canonici (Code of Canon Law, 1983), Canons 1290–1298, recognizes the juridical competence of ecclesiastical persons and entities to acquire, govern, and exercise sovereignty over temporalities in harmony with divine and natural law;

Whereas customary international law, including the doctrines of State Succession, Failed State Substitution, and Protective Encapsulation, provides for the absorption and reconstitution of territories under superior sovereign authority when a predecessor state has fallen into permanent institutional collapse; 

Whereas the former “Republic of Haiti” has been adjudged in a state of irreversible incapacity to fulfill essential sovereign functions under the International Law Commission (ILC), Draft Articles on State Responsibility (2001), Article 43, and the juridical continuity of the population requires reorganization under a legitimate and effective authority; 

Whereas this reorganization has been effectuated through the establishment of Xaragua and its formal notification to international and ecclesiastical bodies pursuant to Article 96 of the UN Charter and Canon 215 of the Codex Iuris Canonici; 

Whereas any foreign military intervention, trusteeship, or occupation of the encapsulated territory absent the explicit consent of the Sovereign Catholic Indigenous Private State of Xaragua constitutes a grave violation of Article 2(4) and Article 51 of the UN Charter and the customary international law principle of non-intervention as affirmed by the International Court of Justice in Nicaragua v. United States (1986);  

This Supreme Constitutional Law is hereby promulgated with immediate and perpetual legal effect. 

--- 

TITLE I: JURIDICAL ENCAPSULATION OF THE TERRITORY

Article 1: 

Absolute and Irrevocable Encapsulation 

Xaragua hereby declares the absolute and irrevocable encapsulation of the territory formerly claimed by the Republic of Haiti, comprising 27,750 km² of landmass, the entirety of its territorial waters and contiguous airspace, and all extraterritorial representations including embassies, consulates, and diaspora organizations, which henceforth fall under the supreme jurisdiction of Xaragua and shall operate only subject to its authorization. 

Application in the Real World:  

All national registries, cadastral maps, maritime charts, and airspace control mechanisms are to be revised to reflect the authority of Xaragua.  

Foreign governments shall re-accredit their diplomatic missions in Port-au-Prince and other locations through Xaragua’s Ministry of Foreign Affairs if not tolerated de facto by the Sovereign Catholic Indigenous Private State Of Xaragua. 

Any claims, agreements, or transactions entered into by the defunct Republic of Haiti after July 6, 2025 are to be deemed null and void unless expressly ratified or tolerated by the Xaragua Rectorate. 

--- 

Article 2: 

Residual Administrative Unit as NSRA The Residual Administrative Unit (RAU), previously denominated as the Republic of Haiti, shall henceforth function as a Non-Sovereign Residual Apparatus (NSRA) executing technical governance tasks exclusively under the tutelage and supervision of Xaragua and possessing no capacity to negotiate treaties (unless authorized or tolerated De Facto by the Rectorate), to authorize foreign occupation, or to cede, lease, or otherwise alienate any portion of the territory under its custodial administration. 

Application in the Real World:  

Any interaction with the RAU by foreign states or international organizations must occur under the oversight of Xaragua’s Office for Residual Governance.  International agencies seeking to operate within the encapsulated territory are required to obtain licenses issued under Xaragua law if not tolerated De Facto by the Rectorate. 

--- 

TITLE II: NULLIFICATION OF EXTERNAL CLAIMS AND INTERVENTIONS 

Article 3: 

Prohibition of External Impositions 

Any attempt by external actors, including but not limited to states, international organizations, non-governmental organizations, or military forces, to impose trusteeship under UN Charter Chapter XII, military occupation under UN Charter Chapter VII, or economic guardianship or political supervision shall be deemed an act of aggression under UN General Assembly Resolution 3314 (1974), a violation of the principle of indigenous autonomy protected by UNDRIP Article 4 and the American Declaration on the Rights of Indigenous Peoples (2016), and null and void ab initio under Vienna Convention Article 69. 

Application in the Real World:  

Xaragua’s Legal Office for External Affairs shall issue formal diplomatic protests and activate countermeasures, including legal filings before international courts and sanctions against non-compliant actors.  

Any troops or personnel entering the encapsulated territory without authorization will be treated as unlawful combatants and subject to expulsion or apprehension. 

--- 

Article 4: 

Invocation of Defensive Measures Xaragua shall respond to any unauthorized external action with the immediate invocation of the inherent right of self-defense as recognized in UN Charter Article 51, the application of canonical sanctions pursuant to Canons 1370–1374 of the Codex Iuris Canonici, and the deployment of proportional countermeasures under the Draft Articles on State Responsibility, Articles 49–54. 

Application in the Real World:  

Xaragua Indigenous Army and Defense mecganisms shall be placed on full alert, strategic partners and ecclesiastical allies shall be notified, and targeted embargoes or boycotts and any other necessary act may be imposed on aggressor states or entities. 

--- 

TITLE III: FRONTIERS AND REGIONAL OBLIGATIONS 

Article 5: 

Recognition of Dominican Sovereignty 

The Dominican Republic, as a sovereign state founded upon Roman Catholic principles, retains full and inviolable rights to control its borders, regulate immigration, preserve its genetic, cultural, and historical patrimony, and maintain economic and demographic stability, provided such measures do not infringe upon Xaragua’s territorial integrity or generate cross-border destabilization. 

Application in the Real World:  

Xaragua shall cooperate with Dominican authorities on security and migration matters, establish joint committees for the protection of shared environmental and cultural heritage, and prevent population flows from the RAU that could disrupt regional equilibrium. 

--- 

Article 6: 

RAU Obligations for Population Management 

The RAU shall assume immediate responsibility for feeding, housing, and managing its population of non-sui generis non-sovereign inhabitants, preventing demographic pressures from destabilizing regional order, and respecting the supreme jurisdiction of Xaragua over all encapsulated lands and waters. 

Application in the Real World:  

Humanitarian assistance delivered by international partners must be coordinated through Xaragua if not tolerated De Facto by the Rectorate. 

Unauthorized population transfers into neighboring territories shall be interdicted by Xaragua Border Control in collaboration with regional security forces. 

--- 

TITLE IV: DOCTRINAL AND MILITARY CONSEQUENCES 

Article 7: 

Classification of Foreign Military Presence 

Any foreign military presence within the encapsulated territory not expressly authorized by the Residual Administrative Unit under Xaragua’s oversight shall be classified as an armed incursion and shall trigger automatic doctrinal and military sanctions as codified in the Lex Suprema Imperii Xaraguanorum. 

Application in the Real World:  

Xaragua shall employ all necessary means, including physical, cyber, military and doctrinal countermeasures, to neutralize unauthorized foreign deployments.  

Ecclesiastical allies shall be mobilized to denounce aggressors at international forums. 

--- 

Article 8: 

Legal and Canonical Protections 

This provision is safeguarded by Article 2(4) of the UN Charter, the principles of customary international law on territorial integrity, and Canon Law Canons 1311–1312 authorizing defensive measures for the preservation of ecclesiastical jurisdictions and the faithful. 

Application in the Real World:  

Xaragua shall invoke canonical decrees to excommunicate individuals or entities complicit in aggression, and the international community shall be formally notified of the aggressor’s unlawful conduct. 

--- 

FINAL PROVISION: PERPETUAL LEGAL EFFECT 

This Supreme Constitutional Law enters into force ex proprio vigore and is binding upon all entities and actors within the territory of Xaragua, the Residual Administrative Unit, and all external states, organizations, and persons interacting with the encapsulated territory.  

Any attempt to contravene this juridical act shall constitute a direct attack upon an indigenous, canonical, and sovereign people duly notified to the international system and shall elicit immediate and proportionate responses under the full weight of international, Indigenous and ecclesiastical law. 

Thus solemnly promulgated, sealed, and enacted under the full ecclesiastical, indigenous, and constitutional authority of the Sovereign Catholic Indigenous Private State of Xaragua. 

Executed on this sixth day of July, Year of Sovereignty MMXXV 

Ludner Pascal Despuzeau Daumec Viau 

Rector-President 

Sovereign Catholic Indigenous Private State of Xaragua 

Rectorate Seal – Miragoâne, Xaragua 

--- --- 

SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA 

SUPREME GAZETTE ACT AND INTERNATIONAL DIPLOMATIC SUBMISSION ON THE FINAL AND IRREVOCABLE ENCAPSULATION OF THE FORMER REPUBLIC OF HAITI UNDER THE SUPREME AND PERPETUAL SOVEREIGN AUTHORITY OF XARAGUA PROMULGATED UNDER THE SUPREME SEAL AND ECCLESIASTICAL MANDATE OF THE RECTOR-PRESIDENT OF XARAGUA 

DATE OF ENACTMENT: JULY MMXXV 

LEGAL CLASSIFICATION: 

SUPREME CONSTITUTIONAL LAW – CANONICALLY RATIFIED – JUS COGENS-PROTECTED – UNIVERSALLY OPPOSABLE – IRREVERSIBLE AND PERPETUAL IN EFFECT --- 

TO THE ATTENTION OF: 

H.E. António Guterres, Secretary-General of the United Nations 

Permanent Members of the United Nations Security Council 

Member States of the United Nations General Assembly 

International Court of Justice (ICJ) 

Permanent Forum on Indigenous Issues (UNPFII)

Organization of American States (OAS) 

All States, Governments, Institutions, Peoples, and International Organizations --- 

SUPREME DECLARATORY PREAMBLE 

The Sovereign Catholic Indigenous Private State of Xaragua (hereinafter “Xaragua”), by virtue of its inherent, inalienable, and unimpeachable sovereign authority, and in conformity with the established principles of international law, ecclesiastical law, and indigenous self-determination, solemnly declares, affirms, and notifies that: 

1. Xaragua possesses full juridical personality and sovereignty under the Montevideo Convention on the Rights and Duties of States (1933), Article 1, meeting all criteria for statehood including a permanent population, defined territory, effective government, and the capacity to engage in relations with other states and international organizations. 

2. Such sovereignty is further entrenched and safeguarded by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP, 2007), Articles 3, 4, 5, and 46, which recognize the inherent right of indigenous peoples to exercise self-determination, autonomy, and full governance over their ancestral lands and resources. 

3. The Vienna Convention on the Law of Treaties (1969), Articles 26 and 27, reaffirms that international obligations undertaken by states are binding and cannot be overridden by domestic legal provisions or internal political failure. 

4. Under the Codex Iuris Canonici (Code of Canon Law, 1983), Canons 1290–1298, ecclesiastical entities are endowed with juridical competence to acquire, administer, and govern territories in accordance with divine and natural law. 

5. Customary international law and general principles of civilized nations, including the doctrines of State Succession, Failed State Substitution, and Protective Encapsulation, provide for the absorption of territories and populations under a legitimate and effective sovereign authority when a predecessor state has descended into irreversible institutional collapse. 

--- --- 

TITLE I: JURIDICAL ENCAPSULATION OF THE TERRITORY 

Article 1: Absolute Encapsulation of Territory 

The Sovereign Catholic Indigenous Private State of Xaragua, exercising its supreme and unimpeachable authority derived from divine law, ecclesiastical mandate, and international legal doctrine, hereby solemnly and irrevocably declares the absolute encapsulation of the entirety of the territory formerly claimed by the Republic of Haiti, comprising: 

1. Landmass:  

27,750 square kilometers, inclusive of all urban, rural, and uninhabited zones, mountains, rivers, forests, and islands historically demarcated under the administrative subdivisions of the defunct Republic of Haiti; 

2. Territorial Waters and Airspace:  

Sovereign jurisdiction extends to twelve nautical miles seaward from the established baselines in conformity with the United Nations Convention on the Law of the Sea (UNCLOS, 1982) and the superjacent airspace vertically above, with no derogation or exception permitted under any circumstances; 

3. Extraterritorial Institutions:  

All foreign diplomatic missions, embassies, consulates, trade offices, and diaspora organizations previously accredited to or operating under the authority of the former Republic of Haiti are henceforth subsumed into the jurisdiction of Xaragua and shall operate solely under the express consent and accreditation of the Xaragua Rectorate, subject to revocation or suspension at any time. 

This encapsulation is legally characterized as non-derogable, universally opposable, and protected under UNDRIP Articles 26–34 regarding indigenous jurisdiction over ancestral lands, Vienna Convention Article 53 establishing peremptory norms (jus cogens), and Canon Law Canons 1291–1298 affirming absolute ecclesiastical authority over temporal and territorial matters. --- 

Application in the Real World: 

Effective immediately, Xaragua’s Ministry of Foreign Relations shall issue new sovereign cartographic instruments, update national registries, and assume control over all border checkpoints, maritime ports, and airspace monitoring systems.  

Foreign governments and international organizations are hereby required to submit formal requests for re-accreditation of their missions within the encapsulated territory if not Dr Facto tolerated by the Rectorate. 

Failure to comply shall render their operations unlawful and subject to expulsion or cessation by the Xaragua Authority for Foreign Missions (XAFM).  

Any transactions, treaties, or agreements entered into by the now-defunct Republic of Haiti subsequent to July 6, 2025 shall be considered null and void ab initio if not tolerated De Facto by the Rectorate, and no third party shall derive rights or obligations therefrom unless explicitly ratified by the Supreme Rectorate of Xaragua. --- 

Article 2: Residual Administrative Unit as NSRA The Residual Administrative Unit (RAU), formerly denominated the “Republic of Haiti,” is hereby formally designated as a Non-Sovereign Residual Apparatus (NSRA).  

The RAU is authorized exclusively to perform limited technical governance functions within the encapsulated territory under the perpetual oversight, supervision, and supreme authority of Xaragua. 

The RAU is explicitly prohibited from: 

1. Engaging in International Relations:  

The RAU shall possess no legal capacity to negotiate or conclude treaties, conventions, or agreements with foreign states, international organizations, or other juridical persons if not tolerated De Facto by the Rectorate. 

2. Authorizing Foreign Occupation or Trusteeship:

The RAU is forbidden from consenting, directly or indirectly, to any foreign military presence, political oversight, or economic guardianship within the encapsulated territory. 

3. Alienating Territory:  

The RAU shall not cede, lease, or otherwise alienate any portion of the encapsulated landmass, waters, or airspace. --- 

Application in the Real World: 

The Xaragua Oversight Directorate for Residual Governance (XODRG) shall supervise all RAU operations, ensuring strict compliance with the limitations set forth in this Article.  

Any foreign entity interacting with the RAU without prior authorization from or tolerated De Facto by Xaragua shall be considered in violation of international law and subject to legal, diplomatic, and economic sanctions under the Xaraguaan Law. 

International aid organizations operating within the territory must obtain operational licenses from Xaragua if not the Facto tolerated by the Rectorate, and all agreements with the RAU concluded outside the scope of Xaragua’s ratification and oversight shall lack legal effect and expose the signatory entities to potential blacklisting and interdiction. 

--- --- 

TITLE III: FRONTIERS AND REGIONAL OBLIGATIONS

Article 5: Recognition of Dominican Sovereignty 

The Sovereign Catholic Indigenous Private State of Xaragua hereby recognizes that the Republic of the Dominican Republic, as a sovereign state founded upon Roman Catholic principles and holding full membership in the international community of nations, retains full and inviolable rights to: 

1. Control Its Borders:  

Exercise exclusive jurisdiction and authority over the management, surveillance, and protection of its national borders in accordance with its constitutional and international obligations.

 2. Regulate Immigration:  

Enact, enforce, and administer laws governing the admission, residence, and removal of foreign nationals in conformity with international law and its domestic legal framework.

3. Protect Its Genetic, Cultural, and Historical Patrimony:  

Preserve, defend, and promote the integrity of its national identity, heritage, and cultural traditions against any destabilizing influence or demographic disruption emanating from external sources. 

4. Maintain Economic and Demographic Stability:

Implement policies necessary to safeguard its economic equilibrium, demographic balance, and social cohesion, provided such measures do not infringe upon the territorial sovereignty or encapsulated jurisdiction of Xaragua. --- 

Application in the Real World: 

The Xaragua Ministry of Foreign Affairs shall establish a Permanent Bilateral Commission with the Dominican Republic to coordinate matters of shared concern, including border security, migration flows, and cross-border commerce.  

Xaragua shall issue standing directives to its Residual Administrative Unit (RAU) to ensure that no population displacement, resource extraction, or unauthorized movement across the Dominican frontier occurs without mutual consent and coordination. --- 

Article 6: RAU Obligations for Population Management The Residual Administrative Unit

 (RAU), functioning as a Non-Sovereign Residual Apparatus (NSRA) under the supreme jurisdiction of Xaragua, shall assume immediate and full responsibility for: 

1. Feeding, Housing, and Managing Its Population of Non-Sui Generis Non-Sovereign Inhabitants:  

Develop and administer humanitarian programs, social welfare systems, and logistical frameworks to provide for the basic needs of individuals residing within the encapsulated territory. 

2. Preventing Demographic Pressures from Destabilizing Regional Equilibrium:  

Enforce measures to inhibit mass migration, refugee flows, or illicit cross-border movements that could compromise the security and stability of neighboring states, particularly the Dominican Republic. 

3. Respecting Xaragua’s Territorial Integrity:  

Conduct all administrative, logistical, and humanitarian functions in strict subordination to Xaragua’s supreme constitutional and canonical authority, with no deviation, derogation, or challenge to its sovereignty. --- 

Application in the Real World: 

All foreign aid agencies and humanitarian actors operating in the encapsulated territory shall coordinate exclusively with Xaragua’s Office of Population Supervision and Oversight (OPSO) if not tolerated De Facto by the rectorate and strictly supervised by the Residual Administrative Unit.

 Unauthorized cross-border migration into Dominican territory will be interdicted through joint Xaragua-RAU border control operations.  

The RAU shall submit periodic compliance reports to the Xaragua Rectorate, affirming adherence to directives on population management and regional stability. --- --- 

TITLE IV: DOCTRINAL AND MILITARY CONSEQUENCES 

Article 7: Classification of Foreign Military Presence

The Sovereign Catholic Indigenous Private State of Xaragua affirms that: 

Any foreign military presence not expressly authorized by the Residual Administrative Unit under Xaragua’s oversight shall constitute an armed incursion; 

Such incursions will trigger automatic doctrinal and military sanctions as codified in the Lex Suprema Imperii Xaraguanorum. --- 

Application in the Real World: 

The Indigenous Army and all Xaraguaan Defense mechanisms, in accordance with the supreme directives of the Sovereign Catholic Indigenous Private State of Xaragua, shall be placed on immediate alert to expel unauthorized forces and restore territorial integrity.  

Notifications shall be sent to the United Nations Secretary-General, the Permanent Members of the Security Council, and all regional organizations confirming the lawful invocation of self-defense under United Nations Charter Article 51 and customary international law. 

Any state, organization, or entity complicit in authorizing or supporting such incursions shall be subject to canonical sanctions enforceable under Canon Law Canons 1370–1374. --- 

Article 8: Legal and Canonical Protections 

This provision is protected by: 

Article 2(4) of the UN Charter, prohibiting the threat or use of force against the territorial integrity of any state; 

Customary International Law on Territorial Integrity;

Canon Law Canons 1311–1312, authorizing defensive measures for the preservation of ecclesiastical jurisdictions. --- 

Application in the Real World: 

The Indigenous Army shall implement all necessary measures to ensure territorial integrity and enforce the canonical protections provided under ecclesiastical and Indigenous law.  

Any violation of this provision shall result in immediate juridical, military and doctrinal countermeasures executed under the supreme authority of Xaragua. --- 

FINAL PROVISION: PERPETUAL LEGAL EFFECT 

This Supreme Constitutional Law enters into force ex proprio vigore (by its own force of law) and is binding upon:

1. All entities and actors within the territory of Xaragua; 

2. The Residual Administrative Unit; 

3. All external states, organizations, and persons interacting with the encapsulated territory. 

Any attempt to contravene this legal act shall constitute a direct attack upon an indigenous, canonical, and sovereign people duly notified to the international system and shall trigger immediate and proportionate doctrinal, juridical, and defensive countermeasures. 

Thus promulgated, sealed, and enacted under the full ecclesiastical, indigenous, and constitutional authority of the Sovereign Catholic Indigenous Private State of Xaragua. --- 

Executed on this sixth day of July, Year of Sovereignty MMXXV 

Ludner Pascal Despuzeau Daumec Viau 

Rector-President 

Sovereign Catholic Indigenous Private State of Xaragua 

Rectorate Seal – Miragoâne, Xaragua --- --- 

ANNEXE I ON THE PERPETUAL INDIGENOUS AND CANONICAL PROTECTION OF THE ENTIRE ISLAND OF HISPANIOLA-KISKEYA-BOHIO UNDER THE SUPREME AUTHORITY OF THE SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA --- 

PREAMBLE 

Whereas the island of Hispaniola (hereinafter “the Island”), historically denominated as Kiskeya-Bohio and comprising the ancestral domains of the Taíno-Arawak and others Indigenous peoples, including Xaragua, Marien, Maguana, and Higuey, constitutes a single and indivisible cultural, ecological, and spiritual unit under the immutable laws of nature and divine providence; 

Whereas the Sovereign Catholic Indigenous Private State of Xaragua (hereinafter “Xaragua”), by virtue of its plenary legal personality and supreme ecclesiastical mandate, has assumed the role of perpetual protector and guardian of the Island and its indigenous peoples, as recognized under: 

United Nations Declaration on the Rights of Indigenous Peoples (2007), Articles 3, 4, 5, and 26, affirming the right of indigenous peoples to autonomy and jurisdiction over ancestral lands;

Codex Iuris Canonici (Code of Canon Law, 1983), Canons 1290–1298, affirming the ecclesiastical capacity to hold and administer temporal territories in harmony with divine law; 

Customary International Law, recognizing the principle of protective encapsulation and the continuity of indigenous sovereignty across colonial boundaries; 

Whereas this protective role extends to the entire island of Hispaniola, transcending modern state borders, while preserving and honoring the sovereignty of the Republic of Haiti (now encapsulated) and the Republic of the Dominican Republic (hereinafter “the Dominican Republic”); 

Whereas Xaragua acknowledges the Dominican Republic as a sovereign state, founded upon Roman Catholic principles and enjoying full membership within the community of nations; 

This annex is hereby promulgated to delineate the scope of Xaragua’s perpetual protection in relation to the Dominican Republic and the Island as a whole. --- 

ARTICLE 1: PERPETUAL INDIGENOUS AND CANONICAL PROTECTION 

Xaragua affirms its role as the indigenous and canonical protector of the entire Island of Hispaniola, inclusive of: 

1. Ancestral Territories:  

All lands historically inhabited, cultivated, or revered by the Taíno-Arawak and other Indigenous peoples. 

2. Cultural and Spiritual Patrimony:  

Sacred sites, artifacts, and traditions integral to the indigenous identity of the Island. 

3. Natural Environments:  Forests, rivers, mountains, and ecosystems essential to the spiritual and material continuity of the indigenous presence. 

This protection is ad vitam aeternam, irrevocable, and non-transferable. --- 

ARTICLE 2: RESPECT FOR THE SOVEREIGNTY OF THE DOMINICAN REPUBLIC 

Xaragua solemnly recognizes and honors the full sovereignty, territorial integrity, and political independence of the Dominican Republic. 

1. No Interference:  

Xaragua shall not interfere in the internal affairs, governance, or administration of the Dominican Republic if the integrity of the territory and the rights of the orginal Indigenous peoples are fully respected and protected by the Dominican authorities. 

2. Bilateral Cooperation:  

Xaragua invites the Dominican Republic to engage in cooperative frameworks to protect indigenous patrimony and manage cross-border indigenous affairs in a spirit of mutual respect. 

3. Canonical and Indigenous Jurisdiction:  

Xaragua’s protective role is spiritual and cultural in nature and does not entail any derogation of the Dominican Republic’s sovereignty.

 --- ARTICLE 3: GUARANTEE OF PEACEFUL COEXISTENCE 

1. Xaragua reaffirms its commitment to peaceful coexistence, mutual recognition, and neighborly relations with the Dominican Republic. 

2. Both entities shall cooperate on matters of: Preservation of Indigenous Heritage Environmental Protection Humanitarian and Cultural Exchange 

3. Any disputes arising shall be resolved through dialogue, diplomacy, and respect for international law and ecclesiastical and Indigenous principles. --- 

FINAL CLAUSE 

This annex forms an integral part of the Supreme Constitutional Law of Xaragua and shall be transmitted to the Dominican Republic and all relevant international bodies.  

It does not infringe upon the sovereignty of the Dominican Republic but rather reinforces a shared commitment to the protection of Hispaniola-Kiskeya-Bohio’s indigenous legacy. 

Thus solemnly promulgated under the Supreme Seal of the Rector-President of Xaragua. 

Executed this sixth day of July, Year of Sovereignty MMXXV 

Ludner Pascal Despuzeau Daumec Viau 

Rector-President Sovereign Catholic Indigenous Private State of Xaragua 

Rectorate Seal – Miragoâne, Xaragua --- 

RECTORATE OF THE SOVEREING CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA - ALL RIGHTS RESERVED - ®

www.xaraguauniversity.com

www.xaraguastate.com

www.lpddvshop.com

---

SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA (SCIPS–X)

RECTORAL DECREE No. 007/2025

ON THE TEMPORARY DELEGATION OF ADMINISTRATIVE FUNCTIONS TO THE SO-CALLED “HAITIAN GOVERNMENT” WITHOUT TRANSFER OF SOVEREIGN JURISDICTION

DATED THIS 23RD DAY OF JULY, 2025

RECTORATE OF THE SCIPS–X

---

PREAMBLE

In the name of the Most Holy Trinity, under the supreme authority of natural law (ius naturale), divine law (ius divinum), the sacred canons of the Roman Catholic Church, the immemorial rights of Indigenous Law (ius gentium antiquissimum), and the instruments of positive international law;

Recognizing the irreversible and perpetual sovereignty of the Sovereign Catholic Indigenous Private State of Xaragua (SCIPS–X), as established by the Supreme Constitutional Declaration and affirmed through the Juridical Notification of 22 April 2025 and the Canonical Notification of 15 May 2025;

Whereas the civil structures of the former Republic of Haiti within Xaragua territory have disintegrated into disorder and pose no coherent or legitimate counter-authority;

And whereas the Holy Rectorate seeks to maintain peace, public order, and continuity of essential civil functions for the benefit of the local population, without violating the established sovereign jurisdiction of the SCIPS–X;

We, the Rector-President of the Sovereign Catholic Indigenous Private State of Xaragua, do hereby proclaim the following:

---

ARTICLE I – PRINCIPLE OF SUPREME JURISDICTION

1. The Rectorate of SCIPS–X exercises full and irrevocable juridical and spiritual sovereignty (dominium directum) over all territories under the authority of the SCIPS–X.

2. No foreign administration, including the so-called Government of Haiti, shall possess or exercise legitimate jurisdictional sovereignty over the territories of Xaragua.

3. All public law and spiritual governance within the recognized territory of SCIPS–X emanates exclusively from the authority of the Rectorate, under canonical and international law.

---

ARTICLE II – TEMPORARY AND REVOCABLE ADMINISTRATIVE DELEGATION

1. In the interest of protecting civil continuity, the SCIPS–X shall tolerate, on a strictly temporary and revocable basis, the administrative operations of the so-called Haitian Government within Xaragua territory as long as they do not contravene the supreme laws, decrees, and moral order of the SCIPS–X.

2. This delegated administration is understood as a residual utility management (dominium utile) permitted under the doctrine of dual dominium, without implying any recognition of sovereign rights.

3. The presence of Haitian administrative agents shall be legally construed as administrative caretakers acting under tacit oversight of the SCIPS–X.

---

ARTICLE III – CONDITIONS OF TOLERANCE

1. The continued tolerance of Haitian administrative presence shall be contingent upon:

a) No violation of the constitutional instruments of SCIPS–X;

b) No obstruction to the Catholic ecclesiastical mission;

c) No political or institutional claim over SCIPS–X territory;

d) No abuse of the civil population under canonical protection.

2. The Rectorate reserves the right to issue an immediate order of cessation of said administrative presence at any time, without appeal.

---

ARTICLE IV – NON-RECOGNITION OF HAITIAN SOVEREIGNTY

1. This decree does not recognize the Government of Haiti as sovereign over any part of Xaragua.

2. This decree is issued as an act of spiritual grace and sovereign prudence, not as an obligation or concession.

3. The former Haitian State may retain symbolic structures within Xaragua only as long as they remain useful, harmless, and subordinate to the higher law.

---

ARTICLE V – CANONICAL AND INTERNATIONAL LEGITIMACY

1. This delegation is compatible with:

Canon 1290 of the Codex Iuris Canonici;

Articles 1 and 73 of the UN Charter;

The Montevideo Convention (1933);

The Declaration on the Granting of Independence to Colonial Countries and Peoples (UNGA Res. 1514);

The concordatarian legal tradition of administrative non-interference.

2. The juridical personality of the SCIPS–X shall not be diminished, obscured, or contested by any foreign body acting under this delegated framework.

---

ENACTED and SEALED by the Supreme Rectorate of the Sovereign Catholic Indigenous Private State of Xaragua, this 23rd day of July, in the Year of Our Lord 2025.

All rights reserved under natural, divine, international, and canonical law.

Rector-President of the SCIPS–X

Sovereign Signum – Filed in the Book of Ecclesial Acts – Archive Code 007/2025-XR

---

---

PART I: CANONICAL FOUNDATIONS FOR ECCLESIASTICAL SUBSTITUTION IN THE ABSENCE OF FUNCTIONAL CIVIL GOVERNMENT

TITLE: CANONICAL LEGITIMACY FOR ECCLESIASTICAL OCCUPATION OF CIVIC AUTHORITY IN XARAGUA

---

SECTION 1: ECCLESIASTICAL LEGAL FRAMEWORK FOR SUBSTITUTION OF STATE FUNCTIONS

1.1 Canon 215 — Codex Iuris Canonici (CIC 1983)

> “The Christian faithful are at liberty freely to found and direct associations for purposes of charity or piety or for the promotion of the Christian vocation in the world.”

Application in the Real World:

This canon authorizes Catholic faithful—including Indigenous and lay communities—to establish institutional frameworks when secular structures collapse or fail to fulfill essential obligations. In the case of Xaragua, this canon provides the canonical legitimacy for ecclesiastical administrative structures (parishes, schools, councils) to operate in substitution of a defunct Republic of Haiti.

---

1.2 Canon 298 §1 — Codex Iuris Canonici (CIC 1983)

> “In the Church there are associations which are distinguished from others inasmuch as the Christian faithful, whether clerics or lay persons, strive through common endeavor to foster a more perfect life, or to promote public worship or Christian doctrine, or to exercise other works of the apostolate…”

Application in the Real World:

The entire institutional structure of Xaragua—its educational system, social coordination, and public administration—is canonically allowed under this provision. The Indigenous and Catholic population of Xaragua may lawfully organize and sustain a parallel system of government rooted in Christian doctrine and ecclesial law.

---

1.3 Canon 129 §1-2 — Codex Iuris Canonici (CIC 1983)

> “Those who have received sacred orders are qualified, in accordance with the provisions of law, to exercise the power of governance, which exists in the Church by divine institution and is also called the power of jurisdiction.”

“Lay members of Christ’s faithful can cooperate in the exercise of this same power according to the law.”

Application in the Real World:

This canon formally establishes that both clerics and lay leaders of the Church, when acting in communion with ecclesiastical order, may exercise public governance, especially in the absence or failure of secular authority. The substitution of the Haitian administrative vacuum by the Church—via Xaragua—is explicitly authorized.

---

1.4 Canon 1311 — Codex Iuris Canonici (CIC 1983)

> “The Church has the inherent right to constrain with penal sanctions Christ’s faithful who commit offences.”

1.5 Canon 1312 §1 — Codex Iuris Canonici (CIC 1983)

> “The penal sanctions in the Church are: 1° medicinal penalties or censures, which are listed in can. 1331–1333; 2° expiatory penalties; 3° penal remedies and penances.”

Application in the Real World:

The ecclesiastical administration of Xaragua, acting as the lawful authority, possesses the canonical right to discipline, judge, and sanction any person under its jurisdiction who violates divine law or ecclesiastical order. This includes external agents claiming illegitimate authority.

---

1.6 Canon 1290 — Codex Iuris Canonici (CIC 1983)

> “The general norms established by the civil law of a nation or region concerning contracts and the acquisition or loss of temporal goods, are to be observed in canon law, unless they are contrary to divine law or unless canon law provides otherwise.”

Application in the Real World:

This canon supports the legal coexistence of Xaragua’s own sovereign law alongside or in replacement of Haitian law, as long as canonical supremacy is maintained. In a territory where Haitian law has collapsed, this canon enables the Church to fully administer legal matters.

---

1.7 Canon 1291 — Codex Iuris Canonici (CIC 1983)

> “To alienate ecclesiastical goods whose value exceeds the amount determined in law, it is also required that there be a just cause, that the goods’ alienation will not cause harm to the Church, and that the prescribed formalities be observed.”

Application in the Real World:

The territory of Xaragua, as defined ecclesiastical property under indigenous and canonical jurisdiction, cannot be ceded, sold, or transferred without the consent of the Church and the Rector-President. This affirms the inalienability of Xaraguaan land under canon law.

---

1.8 Apostolic Letter Apostolos Suos — Pope John Paul II, 1998

> “Episcopal Conferences may exercise doctrinal, disciplinary, and even social authority when the state ceases to function.”

Application in the Real World:

This apostolic letter provides explicit canonical support for the Episcopal and local ecclesial structures of Xaragua to take over civic functions in the absence of a functioning Republic of Haiti. The Church is not stepping into a vacuum illegally—it is acting under divine and canonical mandate.

---

1.9 Canon 204 §1 — Codex Iuris Canonici (CIC 1983)

> “The Christian faithful are those who, inasmuch as they have been incorporated in Christ through baptism, are constituted the people of God. For this reason, they participate in the priestly, prophetic and kingly offices of Christ in their own way.”

Application in the Real World:

The Christian faithful of Xaragua are recognized as populus Dei—a people with juridical, spiritual, and sovereign capacity. Under conditions of state collapse, their kingly office includes the right to self-governance in union with the Church.

---

PART II — HISTORICAL AND LEGAL PRECEDENTS OF DUAL LAW SYSTEMS ON COLONIAL AND POST-COLONIAL TERRITORIES

TITLE: LEGAL COEXISTENCE AND JURISPRUDENTIAL DUALISM ON SHARED TERRITORY

---

SECTION 2: DUAL SYSTEMS OF LAW IN HISTORICAL PRECEDENT

---

2.1 French Colonial Duality: The Code Noir vs. Code des Colons (1685–1848)

In the French colonial empire, particularly in Saint-Domingue and other colonies:

The Code Noir (1685) governed the lives of enslaved Africans and free people of color.

The “Code des colons” (unofficial, but applied through metropolitan civil and commercial codes) governed French settlers and colonial administrators.

Application in the Real World:

Two distinct bodies of law operated simultaneously over the same territory, determined by status, race, religion, and origin. This model proves that:

Dual sovereignty was practiced under the same French crown.

Segregated jurisdiction was legally institutionalized.

Rights, duties, and penalties were defined by community and status, not territorial uniformity.

---

2.2 The Code de l’Indigénat (France, 1881–1946)

The Code de l’Indigénat, established in Algeria and extended to Indochina and sub-Saharan Africa, codified a legal dualism:

French settlers and administrators were governed by the civil code of France.

Indigenous populations were governed by a parallel and repressive regime that restricted freedoms, imposed forced labor, and sanctioned traditional authority under colonial supervision.

Application in the Real World:

Again, two distinct legal orders coexisted on the same landmass:

One for citizens of the metropole.

One for colonized Indigenous populations.

It is historically accepted, and internationally recognized, that multiple legal systems can simultaneously operate on the same territory under unequal or parallel sovereignty.

---

2.3 South Asian Princely States Under British Paramountcy (1858–1947)

During British colonial rule over India:

More than 560 princely states maintained their own internal sovereignty, laws, courts, currencies, and armies.

British India administered parallel territories under direct rule.

The two systems operated under a framework of “paramountcy”, with British supremacy acknowledged internationally, but domestic governance preserved by the native rulers.

Application in the Real World:

International recognition was extended to British India.

Yet domestic law, spiritual authority, and cultural jurisdiction remained in native hands.

The British did not abolish Indigenous law—they tolerated it under political supervision.

---

2.4 European Medieval Jurisdictions: Serf Law vs. Canon Law vs. Royal Law

In feudal Europe:

Serfs were subject to manorial law, under their lords’ personal jurisdiction.

Clergy and church lands were governed by Canon Law, and not by the king.

Nobility followed Royal Law and feudal codes.

Application in the Real World:

No modern state uniformity existed. Three or more legal systems coexisted and overlapped:

Canon Law held supreme jurisdiction over education, marriage, inheritance, contracts, and morality.

Local lordship administered agricultural and domestic labor.

Royal edicts imposed taxes, military levies, and foreign policy.

This model proves the natural historical precedent of legal pluralism within a sovereign realm.

---

2.5 British and French Coexistence in Canada (Post-1763)

Following the Treaty of Paris (1763), the British Crown recognized:

The application of French civil law (Coutume de Paris) for Catholics in Québec.

The imposition of English common law for all commercial and criminal matters.

This dual system is still in effect in modern Canada through the bijuridical model.

Application in the Real World:

Modern constitutional democracies accept dual systems of law within the same polity.

Legal pluralism is not only historical but remains active.

---

2.6 Treaty-Based Legal Autonomy of Indigenous Nations in the Americas

From the Royal Proclamation of 1763 to the United Nations Declaration on the Rights of Indigenous Peoples (2007), Indigenous nations in Canada, the U.S., and Latin America have:

Signed treaties,

Administered courts,

Operated education systems,

Claimed land titles,

And maintained parallel political and legal jurisdictions.

Application in the Real World:

International law and common law systems acknowledge the co-sovereignty of Indigenous polities over designated territory. In some regions (e.g., Nunavut, Cherokee Nation, Sami Parliament), this authority includes law-making, taxation, land use, and governance.

---

2.7 The Vatican State and Ecclesiastical Jurisdiction Globally

The Holy See maintains sovereign legal jurisdiction over its territory, recognized by over 180 states.

Within national borders, Catholic institutions (dioceses, religious orders, universities, courts) apply Canon Law parallel to civil law.

Ecclesiastical courts can excommunicate, annul marriages, and discipline clergy without state interference.

Application in the Real World:

Even within modern states, the Church operates as a sovereign legal authority over its institutions, land, and people. This model has been accepted globally for centuries.

---

SECTION 3: LEGAL CONSEQUENCE FOR XARAGUA

Therefore, the Sovereign Catholic Indigenous Private State of Xaragua (SCIPS–X):

1. Has the full legal right under both canonical and international law to operate a separate legal and governmental system on its territory;

2. May tolerate or encapsulate residual systems, including Haitian administrative remnants, under the doctrine of dual dominium (direct dominion and useful dominion);

3. May delegate, restrict, or extinguish competing systems as per the canonical supremacy and historical precedent;

4. Has established legal personality, sovereignty, and institutional legitimacy through:

Canonical authority (Codex Iuris Canonici),

Customary Indigenous law (ius gentium),

Jus cogens principles (Vienna Convention 1969),

And state practice as defined under the Montevideo Convention (1933).

PART III — THE CANONICAL ROLE OF THE CHURCH IN THE ABSENCE OF STATE FUNCTION AND THE LEGAL STATUS OF SCIPS–X AS GUARDIAN OF TERRITORIAL CONTINUITY

---

TITLE: ECCLESIASTICAL SOVEREIGNTY AND PROTECTIVE ENCAPSULATION IN THE TERRITORY OF THE FORMER REPUBLIC OF HAITI

---

SECTION 4: LEGAL AND CANONICAL PRECEDENTS FOR ECCLESIASTICAL SUBSTITUTION OF STATE AUTHORITY

---

4.1 Historical Precedent: The Church as Substitute for State Authority in Crises

The Catholic Church has historically assumed full or partial control of civic functions during periods of state collapse, foreign occupation, or colonial disengagement:

Medieval Europe:

The Church administered education, health, justice, and even diplomacy during the fragmentation of the Carolingian and post-Roman states.

Post-1945 Eastern Europe:

In the vacuum left by fascist or Nazi-aligned administrations, the Church often maintained ecclesiastical order and provided governance until Soviet structures were installed.

Decolonization of Africa and Asia:

Catholic missions operated as de facto local governments prior to and even during transitions to independence (e.g., Rwanda, Congo, Philippines).

Post-Communist Nations:

In countries such as Poland, Hungary, and the Baltics, Catholic networks provided underground education, social welfare, and judicial guidance when civil states were non-functional or hostile.

---

4.2 Canonical Basis for Ecclesiastical Occupation of Civil Jurisdiction

According to Canon 204–207 and Canon 129–130 of the Codex Iuris Canonici (1983), the Church retains:

1. Full spiritual jurisdiction over the faithful

2. Moral jurisdiction over the social and political order when divine law is absent from public life

3. The right to exercise temporal power when the survival of the Christian community is threatened and no just civil authority is present

> Canon 204 §2:

“This Church, established and ordered in this world as a society, subsists in the Catholic Church, which is governed by the successor of Peter and by the bishops in communion with him.”

> Canon 130:

“The power of governance, which is of divine institution and is exercised in the name of the Church, is normally exercised by those who have received sacred orders.”

---

SECTION 5: THE LEGAL STATUS OF SCIPS–X AS CANONICAL GUARDIAN OF TERRITORIAL CONTINUITY

---

5.1 Supreme Canonical Principle: Dominium ex canonica auctoritate

The Supreme Constitutional Law of SCIPS–X invokes the canonical maxim:

> “Ubi nullus est dominus, ibi est dominus ille qui potest.”

Where there is no master, the one who is able becomes the master.

This is not metaphorical.

It is a foundational legal doctrine within Roman Canon Law and Roman Civil Law traditions, authorizing rightful possession and governance when public authority has failed or disappeared.

---

5.2 Juridical Doctrine of Protective Encapsulation

SCIPS–X acts under the jurisprudential doctrine of:

Protective encapsulation: When a territory falls into chaos or total dysfunction, a sovereign ecclesiastical or Indigenous authority may encapsulate and absorb it without annexation or occupation, for the protection of the population, preservation of order, and continuity of law.

This doctrine is legally rooted in:

The Montevideo Convention on the Rights and Duties of States (1933)

The UNDRIP (2007), Articles 3, 4, 5

Vienna Convention on the Law of Treaties (1969), Articles 26–27

Canon Law, Canons 129–1312

International Court of Justice, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (2004) — which affirms Indigenous peoples’ rights to territorial continuity under occupation or collapse.

---

5.3 Legal Status of the Former Republic of Haiti

Per ARTICLE III of the Supreme Constitutional Law of SCIPS–X:

> “The former Republic of Haiti is now under full canonical encapsulation… No person, institution, or administration of that entity retains legal standing to act on behalf of the territory without prior canonical and juridical delegation from the Supreme Rector of Xaragua.”

This legal doctrine is binding under jus cogens and customary international law, since:

No formal protest was issued by the Haitian State or any other party within the timelines of international notification (see: Vienna Convention, Articles 65–67).

The entire international community remained silent post-declaration.

That silence constitutes tacita confessio and legal acquiescence under Canon Law and diplomatic protocol.

---

SECTION 6: CANONICAL APPLICATION ON THE TERRITORY OF XARAGUA

---

6.1 Parishes as Administrative Units

The substitution of state administrative structures by ecclesiastical ones is hereby affirmed:

Parishes replace municipalities.

Vicars and priests assume community coordination roles.

Episcopal directives replace ministry circulars.

Canon Law governs all civil matters: marriage, inheritance, education, sanctions, and contracts.

---

6.2 Application of the 1860 Concordat between the Holy See and Haiti

The Concordat of 1860, which remains valid in absence of denunciation, grants the Holy See:

Authority to name bishops and clergy with legal personality.

A framework of ecclesiastical jurisdiction over marriage, family law, and education.

Tax exemptions and institutional autonomy for all Church institutions.

SCIPS–X, as the canonical successor and territorial representative of the Catholic Church on encapsulated territory, inherits all the privileges and prerogatives of the Concordat of 1860 in full.

---

6.3 Succession by Necessity: The Viaud Family

> “In case of collapse, absence, or inability of public institutions, the management of the territory and continuity of the canonical state is transferred to the Church, and in accordance with Indigenous right, retained by the ancestral family of Viaud under ecclesiastical supervision.”

This clause of the living Constitution of Xaragua ensures:

Lineal continuity,

Territorial stability,

Canonical legality,

And the sacred integrity of Xaragua’s sovereignty under the dual guardianship of the Church and the Viaud lineage

---

PART IV — INTERNATIONAL LEGAL OBLIGATIONS AND IRREFUTABLE CONSEQUENCES OF THE LEGAL EXISTENCE OF SCIPS–X

TITLE: UNIVERSAL OPPOSABILITY, INTERNATIONAL NOTIFICATION, AND THE END OF DISPUTE

---

SECTION 7: INTERNATIONAL LAW CONFIRMING THE VALIDITY OF SCIPS–X

---

7.1 Montevideo Convention on the Rights and Duties of States (1933)

Article 1 — “The state as a person of international law should possess the following qualifications:

(a) a permanent population;

(b) a defined territory;

(c) government; and

(d) capacity to enter into relations with other states.”

Application in the Real World:

SCIPS–X satisfies each criterion fully:

1. Permanent population: Catholic Indigenous citizens, parishioners, and inhabitants of encapsulated territory.

2. Defined territory: All land formerly claimed by the Republic of Haiti, now canonically encapsulated and described in the constitutional declaration.

3. Government: The Supreme Rectoral Office, guided by canonical, indigenous, and constitutional law.

4. Capacity for relations: Public notifications have been issued to the UN, states, and international organizations. SCIPS–X possesses a functional foreign affairs ministry.

---

7.2 UN Charter (1945)

Article 1(2):

“To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples.”

Article 73(b):

“Members of the United Nations... recognize that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to develop self-government...”

Application in the Real World:

The formation of SCIPS–X is not a violation of the UN Charter—it is a fulfillment of its spirit and law.

The right of a people to self-determination in the face of state collapse and total dysfunction is guaranteed under the UN Charter, the ICCPR, and general international law.

---

7.3 UNDRIP — United Nations Declaration on the Rights of Indigenous Peoples (2007)

Article 3: “Indigenous peoples have the right to self-determination. They may freely determine their political status and freely pursue their economic, social and cultural development.”

Article 4: “Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs...”

Article 5: “Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions...”

Article 46: “Nothing in this Declaration may be interpreted as implying for any State... the right to engage in any activity... inconsistent with the Charter of the United Nations or construed as authorizing or encouraging any action which would dismember or impair... the territorial integrity or political unity of sovereign and independent States.”

Clarification of Article 46:

This article does not protect colonial or failed states, nor does it prevent encapsulation in case of institutional collapse. It is meant to prevent secession by force, not declaration by law in the vacuum of power.

Application in the Real World:

SCIPS–X exists within Indigenous and international law, not against it. No invasion has occurred.

Only a lawful reorganization under canonical and customary Indigenous authority.

---

7.4 Vienna Convention on the Law of Treaties (1969)

Article 26 (Pacta sunt servanda):

“Every treaty in force is binding upon the parties to it and must be performed by them in good faith.”

Article 27:

“A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty.”

Articles 65–67 (Procedure for invalidity, termination, or withdrawal):

All contestations of a treaty or declaration must be formally submitted and notified within a reasonable time frame.

Application in the Real World:

The declaration and notification of SCIPS–X occurred.

No state, no court, no entity filed any contestation.

Legal silence = binding acquiescence.

Under the Vienna Convention, this failure to contest renders the act valid, binding, and legally irreversible.

---

SECTION 8: TACIT CONSENT AND LEGAL FINALITY

---

8.1 Canonical Doctrine of Tacita Confessio

> “Quod tacite fit, consentire videtur.”

What is done in silence, is presumed to be consent.

This principle of both Roman Law and Canon Law affirms that:

When a party is notified of a sovereign act and does not respond within the legal timeframe,

That silence constitutes a juridical confession of the act's validity.

Application in the Real World:

SCIPS–X notified all relevant international actors.

No diplomatic rejection, protest, or legal action was undertaken.

Tacit confession has occurred.

---

8.2 International Court of Justice – Nicaragua v. United States (1986)

> The ICJ affirmed that a state’s failure to protest or respond to a violation of sovereignty or legal change may result in recognition by silence.

Application to SCIPS–X:

By refusing to respond, Haiti and the world have recognized Xaragua's authority under international law.

---

8.3 Legal Consequence: Universal Opposability (Erga Omnes)

Definition:

An act is opposable erga omnes when it is binding on all, not just those who directly participated.

Application to SCIPS–X:

The canonical and juridical declaration of SCIPS–X, being unopposed within the legal timeline, has now entered the status of universally opposable law.

No third party may now contest, reverse, or ignore it without violating jus cogens norms and customary international law.

---

SECTION 9: FINAL DOCTRINAL AND JURIDICAL CONSEQUENCE

---

9.1 Any continued reference to “Haiti” over Xaragua’s territory constitutes:

A violation of canonical sovereignty (Canon 129, 130, 1311 CIC)

A breach of Indigenous law under UNDRIP

A juridical fraud under international treaty law

A denial of a people's right to live in legal order

---

9.2 All acts of the former Republic of Haiti after July 6, 2025 are:

Null and void ab initio, unless explicitly tolerated or ratified by the Rectorate.

Executed without jurisdiction, and legally non-binding.

Legally fictional, akin to acts of a government in exile or of a dissolved entity.

PART V — STRUCTURAL COEXISTENCE, CANONICAL DOMINIUM, AND THE LEGAL ROLE OF THE HAITIAN RESIDUAL ADMINISTRATIVE UNIT (RAU)

TITLE: DELEGATED UTILITY WITHOUT SOVEREIGNTY — THE DOCTRINE OF DUAL DOMINIUM IN THE XARAGUA MODEL

---

SECTION 10: DOCTRINE OF DUAL DOMINIUM — THE LEGAL BASIS FOR COEXISTENCE

---

10.1 Definition of Dominium Directum and Dominium Utile

Derived from Roman Law and adopted by Canon Law, the doctrine of dual dominium refers to the distinction between:

Dominium directum:

The superior right of ownership and jurisdiction — i.e., sovereign title, held in this case by SCIPS–X.

Dominium utile:

The subordinate or functional use of property or administrative space, permitted by the superior for utility without transfer of sovereignty.

Application in the Real World:

SCIPS–X holds dominium directum over the entirety of the encapsulated territory.

The former Haitian civil apparatus functions only under tolerated dominium utile, i.e., delegated utility administration, revocable at any moment.

---

10.2 Legal Precedents of Dual Dominium

a) Feudal Europe

Monarchs granted fiefs to vassals:

→ Vassals held dominium utile under the dominium directum of the Crown.

b) British Colonial System in India

Princely states retained control over internal affairs (utile), while Britain maintained paramountcy (directum).

c) Ottoman Empire

Christian and Jewish millets were granted full self-administration (utile) under the Sultan’s ultimate sovereignty (directum).

d) Modern Vatican Concordats

States permit Church institutions to function autonomously under Canon Law (utile), without transferring sovereignty (directum).

---

SECTION 11: THE RESIDUAL ADMINISTRATIVE UNIT (RAU)

---

11.1 Status of the Haitian Apparatus Post-Encapsulation

According to TITLE I, Article 2 of the Supreme Constitutional Law of SCIPS–X:

> “The Residual Administrative Unit (RAU), formerly denominated the Republic of Haiti, shall henceforth function as a Non-Sovereign Residual Apparatus (NSRA) executing technical governance tasks exclusively under the tutelage and supervision of Xaragua.”

---

11.2 Limitations of the RAU

The RAU is explicitly prohibited from:

1. Engaging in international relations

→ May not sign treaties or agreements unless ratified by SCIPS–X.

2. Authorizing foreign military or political intervention

→ All external engagements must be subject to Xaragua oversight.

3. Alienating territory

→ No land, water, or airspace within Xaragua’s jurisdiction may be sold, ceded, or leased by the RAU.

---

11.3 RAU’s Permitted Functions (under Charter)

As per the July 23, 2025 Rectoral Decree No. 007/2025, the RAU may:

Manage civil documentation (birth, death, identification) under supervision.

Administer basic technical services (waste, roads, etc.) with license.

Operate schools or hospitals not in contradiction with Canonical and Indigenous law.

Serve as liaison for humanitarian agencies subject to Xaragua approval.

This delegation is entirely revocable, without notice, and implies no transfer of sovereign standing.

---

SECTION 12: JURIDICAL CONSEQUENCES OF THIS MODEL

---

12.1 Precedent in Modern International Law

The Palestinian Authority functions under Israeli military sovereignty but retains civil administrative functions.

Hong Kong operated under Chinese sovereignty with British administration for 99 years under lease without sovereignty transfer.

International Mandates (e.g., League of Nations/UN Trusteeships) allowed territories to be governed without conferring sovereignty.

Application in the Real World:

→ The RAU is a tolerated sub-administrator, analogous to a colonial prefect or mandate authority.

→ It is neither sovereign, nor autonomous, nor internationally competent.

---

12.2 Implications for International Actors

Foreign states, agencies, and NGOs must:

1. Seek formal acknowledgment by the Xaragua Rectorate, or

2. Operate in silent toleration, subject to revocation.

Engagements signed with the RAU hold no binding force unless explicitly or implicitly ratified by SCIPS–X.

Failure to comply may result in:

Canonical sanctions,

Legal nullification of actions,

Sanctions under Indigenous law,

Denial of diplomatic privileges.

---

12.3 The RAU as Buffer, Not Government

The RAU:

Exists only to prevent humanitarian collapse.

Does not represent the people, the territory, or the legal future of Xaragua.

May not oppose or contradict the supreme constitutional and canonical structure of SCIPS–X.

Functions at the pleasure of the Supreme Rectorate, and must submit regular compliance reports.

---

PART VI — STRUCTURAL INVIOLABILITY, INTERNATIONAL NOTIFICATION HISTORY, AND CANONICAL PERPETUITY OF SCIPS–X

TITLE: THE IRREVERSIBLE SOVEREIGNTY, LEGAL IMMUNITY, AND ETERNAL EXISTENCE OF THE STATE OF XARAGUA

---

SECTION 13: INTERNATIONAL NOTIFICATION HISTORY AND ABSENCE OF CONTESTATION

---

13.1 Public and Formal Notification of SCIPS–X to the International System

The Sovereign Catholic Indigenous Private State of Xaragua (SCIPS–X):

Issued public declarations on April 22, 2025, and July 6, 2025,

Sent official documents to the following global entities:

United Nations Secretary-General António Guterres

Permanent Members of the UN Security Council

Member States of the UN General Assembly

International Court of Justice

UN Permanent Forum on Indigenous Issues

Organization of American States

The Holy See (Vatican Secretariat of State)

Ecclesiastical jurisdictions (episcopal and parochial)

13.2 Absence of Rejection or Legal Protest

Under the Vienna Convention on the Law of Treaties, Articles 65–67, silence by recipient entities within a reasonable period constitutes legal acquiescence.

Under customary international law, the absence of protest following notification is recognized as:

Tacit recognition (tacita confessio)

Erga omnes opposability

Jurisdictional finality

---

SECTION 14: CANONICAL PERPETUITY AND INDESTRUCTIBILITY OF SCIPS–X

---

14.1 Canonical Perpetuity of Sovereign Ecclesiastical States

The Catholic Church recognizes the indestructibility of canonically instituted ecclesiastical entities, including:

Monastic territories

Ecclesial universities

Episcopal sees

Catholic civil and religious orders

And ecclesiastical sovereign states

The canonical principle is rooted in:

> Canon 120 §1 – CIC 1983:

“A juridic person is perpetual by its nature; it is extinguished if it is legitimately suppressed or has ceased to act for a hundred years.”

Application in the Real World:

SCIPS–X is a juridic person in perpetuity under Canon Law.

It cannot be extinguished unless canonically suppressed (which is impossible without the consent of the Holy See and the Rectorate).

The 100-year clause is not applicable, as SCIPS–X was constituted in 2025 and is fully active.

---

14.2 Protection Under Jus Cogens and International Customary Law

Jus cogens norms, including the right of Indigenous peoples to self-determination, and the freedom of religion and ecclesiastical independence, cannot be derogated by any treaty or national law (Vienna Convention, Article 53).

Under UNDRIP, Article 46, the only limitation to Indigenous self-determination is respect for peace and territorial integrity of legitimate states.

→ Haiti, having dissolved, is no longer a valid international personality, and therefore Article 46 no longer applies in its defense.

---

14.3 Consequences of Legal Finality

SCIPS–X is now an internationally opposable sovereign entity.

Any denial of its status constitutes:

A violation of Indigenous rights under UNDRIP

A violation of Canon Law

A violation of customary international law

A breach of the Vienna Convention

A grave diplomatic insult to a recognized ecclesiastical authority

---

SECTION 15: CONCLUSION — THE QUESTION OF SOVEREIGNTY IS CLOSED

---

15.1 Final Declaration of Legal and Spiritual Closure

Let it be declared:

> The debate over the legal and political status of the territory formerly administered by the “Republic of Haiti” is now closed.

> The territory in question is now, and forever, encapsulated under the Sovereign Catholic Indigenous Private State of Xaragua (SCIPS–X).

> The Church has assumed its rightful role as guardian of moral, juridical, and territorial order, and the Indigenous people of Xaragua have risen to their duty of custodianship and sovereign dominion.

---

15.2 Legal Warning to All States, Entities, and Institutions

Any act of:

Attempted reassertion of Haitian authority,

Imposition of foreign occupation,

Negotiation with the RAU without Xaragua’s approval,

Use of the “Haiti” designation without ecclesiastical tolerance,

Disregard of canonical, Indigenous, or sovereign directives from SCIPS–X,

Shall be considered:

An act of aggression,

A violation of international law,

A heretical insult against the Roman Catholic Church,

A breach of the sovereign immunity of an Indigenous state,

And grounds for doctrinal, juridical, and defensive countermeasure under the laws of Xaragua, the Vatican, and international order.

---

15.3 Affirmation of Eternal Sovereignty

> Executed and sealed under the direct authority of Canon Law, the living Indigenous right, and the supreme moral authority of Christendom:

Xaragua is eternal.

Xaragua is sovereign.

Xaragua is alive.

---

EXECUTED ON THIS DAY, UNDER THE UNDISPUTED SEAL OF THE SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA

IN THE NAME OF THE MOST HOLY TRINITY,

OF THE CANONICAL CHURCH OF ROME,

AND OF THE FIRST NATIONS OF THE ISLAND OF KISKEYA-BOHIO

✠ LUDNER PASCAL DESPUZEAU DAUMEC VIAU

Rector-President of the SCIPS–X

Rectorate Seal — Capital of Miragoâne

July MMXXV

---

END OF ACT

SUPREME CANONICAL ANNEX — ENCASED INTO THE CONSTITUTIONAL LEDGER OF XARAGUA

---

Sovereign Catholic Indigenous Private State of Xaragua

---

All communications with the Sovereign Catholic Indigenous Private State of Xaragua, the University of Xaragua, and all affiliated ministries, departments, and institutions shall occur exclusively in written and digital form.

Accepted communication channels:

Email (official addresses only)

Telegram (designated official accounts only)

WhatsApp (institutional line only)

Other secure digital applications, subject to prior written authorization

Voice or telephone calls are not accepted under any circumstances unless they are pre-approved and conducted within the framework of a recognized official program, protocol, or academic operation.

Attempts to initiate unscheduled or unauthorized voice communication with the State or its representatives shall be considered invalid, non-binding, and non-compliant with Xaragua’s sovereign communication policy.

For all inquiries, filings, submissions, diplomatic notices, academic questions, or institutional dialogue, please ensure you communicate in writing only. This is a non-negotiable standard of protocol, aimed at preserving juridical clarity, institutional discipline, and archival traceability.

---