• THE STATE
  • LETTER OF THE RECTOR
  • OFFICE & ADMISSION
  • HISTORY
  • CONSTITUTION
  • ETHNOLOGY
  • ANTHROPOLOGY
  • CHIEFS OF STATE
  • ROYAL CATHOLIC ORDER
  • THEOLOGY
  • LEADERSHIP INSTITUTE
  • INDIGENOUS ARMY
  • XARABANK
  • ECONOMIC INITIATIVES
  • FOREIGN AFFAIRS
  • TRANSPORT & JURISDICTION
  • JURIDIC PERSON
  • LEGAL CODES
  • RECTORAL ACTS
  • MINISTRIES
  • CITIZENSHIP
  • MIRAGUANA
  • YAGUANA
  • EMBLEMS
  • LA RUCHE
  • LIBERAL PARTY & FORTS
  • JACKIE VIAU FOUNDATION
  • FACULTIES
  • LIBRARY
  • CAMPUS PAUL VIAUD
  • CAMPUS ÇA IRA
  • CAMPUS VALDEZ
  • FOREIGN CAMPUSES
  • MICROPROGRAMS
  • INDIGENOUS LAW & POL.SC
  • PEDAGOGY & COURSES
  • COURSES
  • CALENDAR
  • CAREER
  • XARASPORTS
  • XARAHEALTH
  • FINE ARTS & XARASOUND
  • XARATIMES
  • XARATV
  • XARACAST & ACTS
  • XARASTREAMS & XARAGRAM
  • XARASHOP & OUTINGS
  • XARATERRA & STEP OUTS
  • FAQ AND CONTACT
  • ANCESTORS
  • More
    • THE STATE
    • LETTER OF THE RECTOR
    • OFFICE & ADMISSION
    • HISTORY
    • CONSTITUTION
    • ETHNOLOGY
    • ANTHROPOLOGY
    • CHIEFS OF STATE
    • ROYAL CATHOLIC ORDER
    • THEOLOGY
    • LEADERSHIP INSTITUTE
    • INDIGENOUS ARMY
    • XARABANK
    • ECONOMIC INITIATIVES
    • FOREIGN AFFAIRS
    • TRANSPORT & JURISDICTION
    • JURIDIC PERSON
    • LEGAL CODES
    • RECTORAL ACTS
    • MINISTRIES
    • CITIZENSHIP
    • MIRAGUANA
    • YAGUANA
    • EMBLEMS
    • LA RUCHE
    • LIBERAL PARTY & FORTS
    • JACKIE VIAU FOUNDATION
    • FACULTIES
    • LIBRARY
    • CAMPUS PAUL VIAUD
    • CAMPUS ÇA IRA
    • CAMPUS VALDEZ
    • FOREIGN CAMPUSES
    • MICROPROGRAMS
    • INDIGENOUS LAW & POL.SC
    • PEDAGOGY & COURSES
    • COURSES
    • CALENDAR
    • CAREER
    • XARASPORTS
    • XARAHEALTH
    • FINE ARTS & XARASOUND
    • XARATIMES
    • XARATV
    • XARACAST & ACTS
    • XARASTREAMS & XARAGRAM
    • XARASHOP & OUTINGS
    • XARATERRA & STEP OUTS
    • FAQ AND CONTACT
    • ANCESTORS
  • THE STATE
  • LETTER OF THE RECTOR
  • OFFICE & ADMISSION
  • HISTORY
  • CONSTITUTION
  • ETHNOLOGY
  • ANTHROPOLOGY
  • CHIEFS OF STATE
  • ROYAL CATHOLIC ORDER
  • THEOLOGY
  • LEADERSHIP INSTITUTE
  • INDIGENOUS ARMY
  • XARABANK
  • ECONOMIC INITIATIVES
  • FOREIGN AFFAIRS
  • TRANSPORT & JURISDICTION
  • JURIDIC PERSON
  • LEGAL CODES
  • RECTORAL ACTS
  • MINISTRIES
  • CITIZENSHIP
  • MIRAGUANA
  • YAGUANA
  • EMBLEMS
  • LA RUCHE
  • LIBERAL PARTY & FORTS
  • JACKIE VIAU FOUNDATION
  • FACULTIES
  • LIBRARY
  • CAMPUS PAUL VIAUD
  • CAMPUS ÇA IRA
  • CAMPUS VALDEZ
  • FOREIGN CAMPUSES
  • MICROPROGRAMS
  • INDIGENOUS LAW & POL.SC
  • PEDAGOGY & COURSES
  • COURSES
  • CALENDAR
  • CAREER
  • XARASPORTS
  • XARAHEALTH
  • FINE ARTS & XARASOUND
  • XARATIMES
  • XARATV
  • XARACAST & ACTS
  • XARASTREAMS & XARAGRAM
  • XARASHOP & OUTINGS
  • XARATERRA & STEP OUTS
  • FAQ AND CONTACT
  • ANCESTORS

Official Communication Protocol


SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA
OFFICIAL CONTACT AND CORRESPONDENCE NOTICE
The Sovereign Catholic Indigenous and Private State of Xaragua maintains a centralized system for the receipt, registration, assignment, and preservation of official communications addressed to the State, the University of Xaragua, its ministries, public offices, State enterprises, and affiliated institutions.
OFFICIAL CHANNELS
Communications may be transmitted through:
official institutional email addresses;
designated Telegram accounts;
designated institutional WhatsApp accounts;
official electronic forms;
other secure digital channels expressly identified or authorized by the competent office.
Only contact information published on an official Xaragua platform shall be considered authorized for institutional correspondence.
WRITTEN CORRESPONDENCE
Written communication constitutes the principal administrative channel for:
general inquiries;
applications and formal submissions;
diplomatic and interinstitutional correspondence;
academic inquiries;
legal and regulatory notices;
commercial and contractual proposals;
requests for cooperation;
media inquiries;
petitions and requests for administrative review.
Correspondence should clearly identify the sender, institutional affiliation where applicable, subject of the communication, requested action, and relevant supporting documents.
TELEPHONE AND AUDIOVISUAL MEETINGS
Telephone calls, voice conferences, audiovisual meetings, and interviews are conducted by prior appointment or upon express acceptance by the competent office.
Requests for such communications must be submitted in writing and should identify the proposed subject, participants, institutional purpose, and preferred format.
An unscheduled telephone call does not constitute formal notice, filing, administrative acceptance, contractual approval, or authorization by the State.
Where an oral exchange concerns an official instruction, decision, undertaking, or institutional position, its material terms must be confirmed in writing and entered into the appropriate administrative record.
RECEIPT AND ADMINISTRATIVE EFFECT
Receipt of a communication does not constitute:
approval of its contents;
acceptance of any proposal;
recognition of an asserted status or jurisdiction;
creation of a contractual obligation;
commitment to provide an individualized response.
Only communications issued or expressly confirmed by a duly authorized Xaraguayan official may bind the State or one of its institutions.
PROCESSING AND RECORDKEEPING
Official correspondence may be:
registered and assigned a reference number;
transmitted to the competent office;
classified according to subject and confidentiality;
retained within the institutional archives;
returned for additional information;
closed where no administrative action is required.
Response times depend upon the nature, completeness, priority, and institutional competence associated with each submission.
SECURITY AND CONFIDENTIALITY
Legal, diplomatic, financial, personal, academic, contractual, and security-sensitive information must be transmitted through a channel appropriate to its classification.
The receiving institution may require identity verification, proof of authority, signed documentation, encryption, or another authentication measure before processing a matter or disclosing protected information.
OFFICIAL REPRESENTATION
No person, organization, digital account, or intermediary may communicate, negotiate, issue instructions, or make commitments on behalf of Xaragua without a valid written mandate.
The authority of any purported representative may be verified through the official channels published on this page.
FINAL ADMINISTRATIVE PROVISION
This notice governs public access to the official communication system of Xaragua.
Its purpose is to preserve administrative clarity, documentary continuity, institutional security, and reliable processing of all correspondence.
For the most efficient handling of any matter, initial contact should be made in writing through the competent official channel.


SUPREME PROTOCOL ON EXTERNAL MEDIA COMMUNICATIONS AND THE EXCLUSIVE INSTITUTIONAL REPRESENTATION OF THE STATE
The Rector-President, acting in the capacity of Supreme Constitutional Authority and Head of the Sovereign Catholic Indigenous and Private State of Xaragua, shall not appear before any foreign, external or non-Xaraguayan media institution for the purpose of submitting the constitutional existence, juridical status, sovereign authority, Indigenous constituent legitimacy or institutional acts of Xaragua to adversarial examination, external certification or purported validation.
No interview, broadcast, panel, debate, hearing or media appearance shall constitute a forum competent to determine, qualify, recognize, diminish or contest the constitutional status of Xaragua. Such status proceeds exclusively from the original Indigenous constituent authority of the Xaraguayan people and remains beyond the adjudicative competence of external media entities.
Every inquiry, request for comment, demand for clarification or question concerning the State, its constitutional authorities, territorial jurisdiction, public institutions, official acts or external relations shall be formally transmitted in writing to the competent Xaraguayan authority.
The State shall retain absolute discretion to determine whether a response is institutionally warranted, the authority competent to issue it, its legal form, language, scope, classification, time of publication and authorized means of dissemination.
Any response shall be issued exclusively through the sovereign correspondence mechanisms, official media organs, institutional publications, public registers or other communication channels duly authorized by Xaragua.
No external institution shall acquire, by submitting an inquiry or invitation, any entitlement to the personal appearance of the Rector-President, to an immediate response, to unrestricted access to State authorities or to the alteration of the official form in which Xaragua exercises its external communications.
The absence of participation in an external media proceeding shall not constitute silence, waiver, acquiescence, refusal of accountability or recognition of the jurisdiction, terminology, assumptions or editorial authority of the requesting institution.
The State of Xaragua speaks through its own constitutional authorities, according to its own procedures, within its own institutional channels and under its exclusive sovereign seal.

Frequently Asked Questions

Please reach us at Info@xaraguauniversity.com if you cannot find an answer to your question.

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

GENERAL ARCHIVES OF THE STATE

SUPREME ORGANIC CONSTITUTIONAL INSTRUMENT

ON THE PERMANENT ORGANIZATION OF THE INDIGENOUS GOVERNMENT OF XARAGUA, THE EXERCISE OF SELF-DETERMINATION AND SELF-GOVERNMENT, THE MAINTENANCE OF DISTINCT POLITICAL AND JURIDICAL INSTITUTIONS, AND THE CONSTITUTIONAL RECEPTION OF THE INTERNATIONAL NORMATIVE ORDER RELATING TO INDIGENOUS PEOPLES

Official Classification: Supreme Constitutional Instrument — Organic Law of Indigenous Government — Indigenous Self-Government Act — Institutional Continuity and International Normative Reception Instrument

Constitutional Authority: Office of the Rector-President

Institutional Custodian: General Archives of the State

Territorial Seat: Miragoâne, Constitutional Capital of Xaragua

Principal International References: Charter of the United Nations, Articles 1(2) and 55; International Covenant on Civil and Political Rights, Article 1; International Covenant on Economic, Social and Cultural Rights, Article 1; United Nations Declaration on the Rights of Indigenous Peoples, General Assembly Resolution 61/295, Articles 3–5, 18–20, 23, 25–27, 32–38, 40, 43 and 46; ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169), Articles 1–9 and 13–19; American Declaration on the Rights of Indigenous Peoples, Articles III, VI, IX, XXI–XXIV.

PREAMBLE

The constitutional order of Xaragua is founded upon the continuing institutional capacity of the Indigenous People of Xaragua to determine its political organization, maintain its authorities, regulate its internal affairs, preserve its customary law, administer its institutions and transmit its constitutional order.

The Government of Xaragua is constituted as an Indigenous governmental organization possessing executive, normative, judicial, territorial, administrative, economic, academic, archival and representative organs.

The international normative framework concerning Indigenous peoples recognizes self-determination, autonomy, self-government, representative institutions, distinct political and legal institutions, Indigenous juridical systems, territorial rights, development priorities and cross-border relations.

The internal institutions and competences of Xaragua derive from the Supreme Constitutional Order of Xaragua. International instruments establish the normative categories within which Indigenous governmental organization is recognized and protected.

The present Instrument consolidates the organization of Indigenous government and establishes the rules governing the constitutional reception of the applicable international normative corpus.

TITLE I — CONSTITUTIONAL STATUS

Article 1 — Constitutional Classification

The Sovereign Catholic Indigenous and Private State of Xaragua is constituted within its own legal order as a permanent customary Indigenous constitutional government.

Its institutional structure shall be governed by the Constitution, organic laws, customary law, rectoral acts and instruments issued by competent Xaraguayan authorities.

Article 2 — Indigenous Constituent Authority

The Indigenous People of Xaragua possesses, within the constitutional order of Xaragua, the constituent authority to:

a) establish and maintain its institutions;

b) determine their respective competences;

c) select their membership according to Xaraguayan procedures;

d) organize territorial and community government;

e) maintain its customary and juridical systems;

f) determine its internal development priorities; and

g) preserve the continuity of its constitutional order.

Article 3 — Non-Derivative Authority

The constitutional authority of Xaragua does not derive from a delegation by an external administration.

UNDRIP and the other international instruments received by this Law constitute normative authorities recognizing categories of Indigenous rights. They do not create Xaragua, appoint its officers or determine the specific competence of its institutions.

Article 4 — Sources of Law

The constitutional order shall distinguish between:

a) the internal constitutional and customary law of Xaragua;

b) treaties binding upon their respective States Parties;

c) United Nations and inter-American declarations;

d) general international law; and

e) agreements or constructive arrangements possessing an independently established legal effect.

TITLE II — GOVERNMENTAL ORGANIZATION

Article 5 — Permanent Government

The Government of Xaragua comprises executive, normative, judicial, administrative, territorial, economic, academic, archival and representative functions.

Every governmental function shall be exercised by the institution to which it is attributed by the constitutional order.

Article 6 — Constitutional Organs

The constitutional institutions of Xaragua include:

a) the Office of the Rector-President;

b) the Sovereign Rectorate;

c) constitutionally established ministries;

d) judicial authorities;

e) autonomous community and territorial authorities;

f) citizenship and Indigenous membership registries;

g) economic and proprietary institutions;

h) the University of Xaragua;

i) the General Academic Register; and

j) the General Archives of the State.

The establishment of additional institutions shall require a competent constitutional or organic instrument.

Article 7 — Rector-President

The Rector-President exercises the supreme constitutional and executive authority attributed to that Office.

The Rector-President shall ensure the unity of government, continuity of institutions, promulgation of constitutional acts, representation of the Indigenous order and execution of the laws of Xaragua.

Article 8 — Ministries and Administrative Authorities

Each ministry and administrative authority shall exercise only the competences conferred upon it.

No institution may assume the jurisdiction of another institution without express constitutional or statutory authority.

Article 9 — Territorial and Community Authorities

Autonomous communities and territorial authorities shall exercise their legally attributed functions according to the principles of subsidiarity, community participation, Indigenous custom and constitutional unity.

Article 10 — University and Archives

The University of Xaragua is the supreme academic institution responsible for education, research, doctrine and intellectual continuity.

The General Archives of the State is the permanent custodian of constitutional instruments, governmental acts, appointments, official registers and institutional records.

TITLE III — MEMBERSHIP AND REPRESENTATION

Article 11 — Indigenous Membership

Indigenous membership shall be determined according to Xaraguayan law, collective identity, affiliation, customary relations, territorial continuity and procedures established by the competent institutions of Xaragua.

Indigenous membership and citizenship under an external municipal legal order constitute separate juridical classifications.

Article 12 — Representative Institutions

The Indigenous People of Xaragua shall participate in public decision-making through representatives and institutions selected according to Xaraguayan procedures.

No external person or organization may claim representative authority over Xaragua without a competent mandate.

Article 13 — Consultation

Measures materially affecting Xaraguayan communities, territories, institutions or resources shall be submitted to the applicable internal process of consultation.

Consultation shall be conducted through the competent representative and territorial institutions.

TITLE IV — INDIGENOUS JURIDICAL ORDER

Article 14 — Internal Normative Hierarchy

The internal normative hierarchy comprises:

a) the Supreme Constitutional Order;

b) organic constitutional laws;

c) constitutional and rectoral acts;

d) codes and statutes;

e) regulations;

f) judicial decisions;

g) territorial and community instruments; and

h) compatible Indigenous customary law.

Article 15 — Customary Law

Indigenous custom may govern matters placed within its competence by the constitutional order.

Custom shall be documented, interpreted and applied through the institutions competent under Xaraguayan law.

Article 16 — Judicial Authority

Judicial and adjudicative authority shall be exercised by the courts, tribunals and competent customary authorities established by Xaraguayan law.

The jurisdiction of each authority shall be determined exclusively by the applicable constitutional and procedural instruments.

Article 17 — Governmental Acts

Laws, decrees, regulations, appointments, judgments, registrations and administrative determinations issued by a competent authority constitute governmental acts within the internal order of Xaragua.

Their rank and legal effect shall be determined by the constitutional competence of the issuing authority.

TITLE V — SELF-DETERMINATION AND SELF-GOVERNMENT

Article 18 — Self-Determination

Xaragua receives as a principal normative authority the right of Indigenous peoples to self-determination recognized by UNDRIP Article 3 and Article III of the American Declaration on the Rights of Indigenous Peoples.

Common Article 1 of the ICCPR and ICESCR and Articles 1(2) and 55 of the Charter of the United Nations form part of the wider international framework concerning the self-determination of peoples.

Article 19 — Autonomy and Self-Government

Indigenous self-government constitutes a recognized mode of exercising self-determination.

The constitutional form, allocation of competence, financing and institutional machinery of Xaraguayan self-government shall be determined by Xaraguayan law.

Article 20 — Distinct Institutions

Xaragua may maintain distinct political, legal, economic, social, cultural and educational institutions while permitting participation in external institutions according to individual choice and applicable law.

Participation in an external administrative system shall not, by itself, extinguish membership in or allegiance to the internal institutions of Xaragua.

Article 21 — Development Priorities

The institutions of Xaragua shall determine the political, economic, social, academic, environmental and territorial priorities of the Indigenous order.

Development projects affecting Xaraguayan interests shall be examined according to their compatibility with Indigenous institutions, lands, resources and community continuity.

TITLE VI — TERRITORIES AND RESOURCES

Article 22 — Territorial Doctrine

The territorial doctrine of Xaragua shall be governed by the Constitution and territorial laws of Xaragua.

Its international normative references include UNDRIP Articles 25–27 and 32 and ILO Convention No. 169, Articles 13–19, for States bound by that Convention.

Article 23 — Lands, Waters and Coastal Areas

The constitutional relationship of Xaragua with its traditionally occupied, used or affiliated territories includes lands, waters, islands, coastal areas, maritime communities, natural resources and culturally significant sites.

Article 24 — Territorial Procedures

Claims, boundaries, traditional uses, community rights and resource interests shall be documented through transparent procedures maintained by the competent territorial and archival institutions.

Article 25 — External Measures

External projects or measures directly affecting Indigenous lands, territories or resources shall be addressed through the consultation, participation and consent standards applicable under the relevant legal instrument.

Consultation and consent shall remain distinct juridical standards and shall not be merged without a legal basis.

TITLE VII — EXTERNAL INDIGENOUS RELATIONS

Article 26 — Cross-Border Relations

Xaragua may maintain cultural, political, academic, economic, social and institutional relations with Indigenous peoples, communities and organizations across territorial borders.

Such relations shall be conducted through the competent institutions of Xaragua.

Article 27 — Agreements and Constructive Arrangements

Any treaty, agreement or constructive arrangement invoked by Xaragua shall be classified according to its parties, provenance, text, applicable law and documentary record.

No legal effect shall be presumed solely from its designation.

Article 28 — External Representation

External representation shall be exercised under the authority of the Rector-President and through the competent foreign-affairs institutions.

Indigenous transboundary relations shall not be represented as diplomatic recognition unless such recognition is independently established.

TITLE VIII — CONSTITUTIONAL RECEPTION OF INTERNATIONAL INSTRUMENTS

Article 29 — United Nations Declaration

The United Nations Declaration on the Rights of Indigenous Peoples is received as the principal universal declaratory instrument concerning:

a) Indigenous self-determination;

b) autonomy and self-government;

c) distinct institutions;

d) representative authority;

e) political, economic and social systems;

f) lands, territories and resources;

g) institutional membership;

h) customary and juridical systems;

i) cross-border relations; and

j) fair procedures for dispute resolution.

Article 30 — ILO Convention No. 169

ILO Convention No. 169 constitutes a treaty binding upon the States for which it is in force.

Its conventional framework shall be distinguished from the declaratory status of UNDRIP.

Xaragua receives Convention No. 169 as an international treaty authority concerning Indigenous participation, institutions, customs, lands, resources, development priorities and consultation.

Article 31 — American Declaration

The American Declaration on the Rights of Indigenous Peoples is received as the principal regional declaratory instrument concerning Indigenous self-determination, autonomy, government, institutional structures, juridical systems, culture and territorial rights within the inter-American order.

Article 32 — Juridical Attribution

For all purposes of this Instrument:

a) international norms establish recognized categories of Indigenous rights and institutions;

b) the Constitution of Xaragua establishes their internal institutional embodiment;

c) the competence of each Xaraguayan authority derives from Xaraguayan law; and

d) the external legal effect of a Xaraguayan act shall be determined under the applicable international or external legal order.

TITLE IX — PUBLIC RECORD AND AUTHENTICATION

Article 33 — Constitutional Register

The General Archives of the State shall preserve:

a) constitutional instruments;

b) organic laws and codes;

c) decrees and regulations;

d) appointments;

e) judicial decisions;

f) territorial instruments;

g) citizenship and membership registers;

h) external notifications; and

i) official correspondence.

Article 34 — Authentication

Every official act shall identify its issuing authority, date, classification and place of registration.

Authentication establishes institutional provenance and integrity within the Xaraguayan order.

Article 35 — External Notifications

An external notification establishes the fact, date, content, transmitting authority and recorded destination of the communication.

Receipt, administrative processing or acknowledgment shall be classified according to the precise documentary evidence available.

TITLE X — INTERPRETATION AND CONTINUITY

Article 36 — Article 46 of UNDRIP

The reception of UNDRIP shall incorporate Article 46 and the complete normative architecture of the Declaration.

No provision shall be interpreted in isolation from the limitations and human-rights requirements expressly contained in that Article.

Article 37 — Indigenous Government and State Classification

Indigenous self-government and recognition as a State under general international law constitute distinct juridical classifications.

The internal constitutional classification of Xaragua shall not be represented as a determination made by the United Nations, the International Labour Organization, the Organization of American States or a foreign State.

Article 38 — Institutional Continuity

The constitutional order shall continue notwithstanding vacancy, reorganization, territorial dispersion, digital administration or temporary interruption affecting an individual organ.

Succession and continuity shall be governed by the Constitution and applicable organic laws.

Article 39 — Supremacy

This Instrument constitutes the supreme organic authority governing the general organization of Indigenous government and the reception of the international normative framework identified herein.

All subordinate instruments shall be interpreted consistently with it.

ANNEX I — RECORDED VOTE ON UNITED NATIONS GENERAL ASSEMBLY RESOLUTION 61/295

Article A.1 — Adoption

The United Nations General Assembly adopted Resolution 61/295 and the annexed United Nations Declaration on the Rights of Indigenous Peoples on 13 September 2007 at its 107th plenary meeting.

The recorded result was:

143 votes in favour;

4 votes against;

11 abstentions;

34 States not voting.

The recorded vote establishes the adoption of the Declaration. It does not constitute recognition of any particular Indigenous government.

Article A.2 — States Voting in Favour

The States recorded as voting in favour were:

Afghanistan; Albania; Algeria; Andorra; Angola; Antigua and Barbuda; Argentina; Armenia; Austria; Bahamas; Bahrain; Barbados; Belarus; Belgium; Belize; Benin; Bolivia; Bosnia and Herzegovina; Botswana; Brazil; Brunei Darussalam; Bulgaria; Burkina Faso; Cambodia; Cameroon; Cape Verde; Central African Republic; Chile; China; Comoros; Congo; Costa Rica; Croatia; Cuba; Cyprus; Czech Republic; Democratic People’s Republic of Korea; Democratic Republic of the Congo; Denmark; Djibouti; Dominica; Dominican Republic; Ecuador; Egypt; El Salvador; Estonia; Finland; France; Gabon; Germany; Ghana; Greece; Guatemala; Guinea; Guyana; Honduras; Hungary; Iceland; India; Indonesia; Iran; Iraq; Ireland; Italy; Jamaica; Japan; Jordan; Kazakhstan; Kuwait; Lao People’s Democratic Republic; Latvia; Lebanon; Lesotho; Liberia; Libyan Arab Jamahiriya; Liechtenstein; Lithuania; Luxembourg; Madagascar; Malawi; Malaysia; Maldives; Mali; Malta; Mauritius; Mexico; Micronesia; Moldova; Monaco; Mongolia; Mozambique; Myanmar; Namibia; Nepal; Netherlands; Nicaragua; Niger; Norway; Oman; Pakistan; Panama; Paraguay; Peru; Philippines; Poland; Portugal; Qatar; Republic of Korea; Saint Lucia; Saint Vincent and the Grenadines; San Marino; Saudi Arabia; Senegal; Serbia; Sierra Leone; Singapore; Slovakia; Slovenia; South Africa; Spain; Sri Lanka; Sudan; Suriname; Swaziland; Sweden; Switzerland; Syrian Arab Republic; Thailand; Timor-Leste; Trinidad and Tobago; Tunisia; Turkey; United Arab Emirates; United Kingdom; United Republic of Tanzania; Uruguay; Venezuela; Viet Nam; Yemen; Zambia; and Zimbabwe.

Article A.3 — States Voting Against

The States recorded as voting against were:

Australia; Canada; New Zealand; and the United States of America.

The four States subsequently expressed support for the Declaration through their respective governmental processes. Such subsequent positions do not alter the historical record of the vote held on 13 September 2007.

Article A.4 — Abstentions

The States recorded as abstaining were:

Azerbaijan; Bangladesh; Bhutan; Burundi; Colombia; Georgia; Kenya; Nigeria; Russian Federation; Samoa; and Ukraine.

Article A.5 — Non-Voting States

The remaining members recorded as not voting shall retain the classification appearing in the official United Nations voting record.

Absence or non-participation in the recorded vote shall not be classified as either approval or rejection of the Declaration.

Official source: United Nations Digital Library — A/RES/61/295 voting record⁠�

ANNEX II — STATES BOUND BY ILO CONVENTION No. 169

Article B.1 — Treaty Status

ILO Convention No. 169 was adopted by the International Labour Conference on 27 June 1989 and entered into force on 5 September 1991.

The Convention binds only the States whose ratification has been registered and for which it is in force under the Convention.

Article B.2 — Ratifying States

The States recorded by the International Labour Organization as having ratified Convention No. 169 include:

Argentina; Bolivia; Brazil; Central African Republic; Chile; Colombia; Costa Rica; Denmark; Dominica; Ecuador; Fiji; Germany; Guatemala; Honduras; Luxembourg; Mexico; Nepal; Netherlands; Nicaragua; Norway; Paraguay; Peru; Spain; and Venezuela.

The official NORMLEX register shall control in the event of any subsequent ratification, entry into force, denunciation, succession or correction of status.

Article B.3 — Legal Effect

Ratification creates treaty obligations for the ratifying State according to the Convention.

Ratification by one State does not automatically create treaty obligations for a non-party State and does not constitute recognition of any particular Indigenous institution.

Official sources: ILO NORMLEX — Convention No. 169⁠�, ILO ratification register⁠�

ANNEX III — UNITED NATIONS COVENANTS

Article C.1 — Common Article 1

The ICCPR and ICESCR each provide in Article 1 that all peoples possess the right of self-determination and may freely determine their political status and pursue their economic, social and cultural development.

Article C.2 — Treaty Participation

The Covenants bind their respective States Parties according to ratification, accession, succession, reservations and declarations recorded by the United Nations Treaty Collection.

The current official lists of participants shall be incorporated by reference rather than reproduced within the operative constitutional text.

Official registers: United Nations Treaty Collection — ICCPR⁠�, United Nations Treaty Collection — ICESCR⁠�

ANNEX IV — INTER-AMERICAN ADOPTION

Article D.1 — Adoption

The American Declaration on the Rights of Indigenous Peoples was adopted by the General Assembly of the Organization of American States on 15 June 2016 through Resolution AG/RES. 2888 (XLVI-O/16).

Article D.2 — Juridical Classification

The American Declaration constitutes a regional declaratory instrument of the inter-American order.

It shall not be classified as a treaty requiring signature or ratification.

Its Articles III, XXI and XXII constitute the principal regional provisions received by Xaragua concerning self-determination, autonomy, self-government, Indigenous decision-making institutions, Indigenous law and jurisdiction.

SUPREME CONSTITUTIONAL DETERMINATION

The Sovereign Catholic Indigenous and Private State of Xaragua is classified within its internal constitutional order as a permanent customary Indigenous government exercising organized self-government through institutions established by Xaraguayan law.

Its principal universal normative references are UNDRIP Articles 3, 4, 5, 18, 20, 33, 34, 36 and 40.

Its principal treaty references are common Article 1 of the ICCPR and ICESCR and, for States Parties, ILO Convention No. 169.

Its principal regional normative references are Articles III, XXI and XXII of the American Declaration on the Rights of Indigenous Peoples.

The international normative framework establishes recognized categories of Indigenous self-determination, autonomy, representation, institutional continuity and juridical organization.

The Supreme Constitutional Order of Xaragua determines the institutions through which those capacities are exercised internally.

SO CONSTITUTIONALLY DETERMINED, PROMULGATED AND ENTERED INTO THE PERMANENT RECORD.

PASCAL DESPUZEAU DAUMEC VIAU

Rector-President of Xaragua

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

GENERAL ARCHIVES OF THE STATE



SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA
OFFICE OF THE RECTOR-PRESIDENT
SUPREME CONSTITUTIONAL AUTHORITY
UNIVERSITY OF XARAGUA
GENERAL ACADEMIC REGISTER
GENERAL ARCHIVES OF THE STATE
SUPREME ORGANIC CONSTITUTIONAL LAW OF THE UNIVERSITY OF XARAGUA
ON ITS CONSTITUTIONAL ESTABLISHMENT, INDIGENOUS EDUCATIONAL JURISDICTION, ACADEMIC AUTHORITY, INTERNAL ACCREDITATION, CHRISTIAN FOUNDATION, PERMANENT ACADEMIC RECORD, AND INTERNATIONAL NORMATIVE FRAMEWORK
Official Classification: Supreme Constitutional Academic Instrument — Organic University Law — Indigenous Educational Institutions Act — Academic Jurisdiction and Internal Accreditation Law — Christian Educational Foundation Instrument
Constitutional Authority: Office of the Rector-President
Supreme Academic Authority: University of Xaragua
Permanent Academic Registry: General Academic Register
Permanent Institutional Custodian: General Archives of the State
Principal International References: Charter of the United Nations, Articles 1(2) and 55; International Covenant on Economic, Social and Cultural Rights, Articles 1 and 13; United Nations Declaration on the Rights of Indigenous Peoples, General Assembly Resolution A/RES/61/295, Articles 3–5, 11, 13, 14, 18, 20, 31, 33, 34, 43 and 46; American Declaration on the Rights of Indigenous Peoples, Articles III, XIV, XV, XXI and XXII; Universal Declaration of Human Rights, Articles 26 and 27.
Principal Canonical References: Codex Iuris Canonici (1983), Canons 215–218, 225, 229, 298–299, 304, 321–326, 793–795, 800 and 807–817.
PREAMBLE
The University of Xaragua is the supreme academic institution of the Sovereign Catholic Indigenous and Private State of Xaragua.
It is established as the permanent constitutional organ responsible for higher education, academic doctrine, research, institutional formation, Indigenous knowledge, intellectual development, academic certification and preservation of the educational record.
The University derives its establishment and particular competences from the Supreme Constitutional Order of Xaragua.
Its international normative position as an Indigenous educational institution is referenced principally to Article 14(1) of the United Nations Declaration on the Rights of Indigenous Peoples and Article XV(3) of the American Declaration on the Rights of Indigenous Peoples.
Its Christian educational activity is exercised within the applicable canonical rights of association, education, intellectual formation and private initiative.
The University shall maintain a strict juridical distinction between its constitutional establishment, Indigenous institutional character, internal academic accreditation, Christian educational foundation, ecclesiastical authorization and external recognition.
The present Law establishes its permanent constitutional and academic order.
TITLE I — CONSTITUTIONAL ESTABLISHMENT
Article 1 — Establishment
The University of Xaragua is established as a permanent constitutional institution of higher education within the Supreme Constitutional Order of Xaragua.
It possesses academic, administrative, documentary and institutional competence according to the Constitution, this Law and academic instruments issued thereunder.
Article 2 — Institutional Character
The University is:
a) a constitutional institution of Xaragua;
b) an Indigenous educational institution;
c) the supreme academic authority of Xaragua;
d) the institutional custodian of its academic corpus;
e) the authority responsible for its internal accreditation system; and
f) the issuing authority for credentials established under Xaraguayan academic law.
Article 3 — Non-Derivative Authority
The internal authority of the University derives from Xaraguayan constitutional law.
International declarations and treaties recognize relevant Indigenous and educational rights but do not individually establish, charter, appoint, accredit or govern the University of Xaragua.
Article 4 — Constitutional Independence
The existence and internal jurisdiction of the University shall not depend upon incorporation into a foreign educational administration.
External recognition, cooperation or evaluation may be accepted for a defined purpose without transferring constitutional authority over the University.
TITLE II — INDIGENOUS EDUCATIONAL JURISDICTION
Article 5 — Right to Establish and Control Education
The University receives UNDRIP Article 14(1) as the principal universal recognition of the right of Indigenous peoples to establish and control educational systems and institutions providing education in their own languages and according to their cultural methods of teaching and learning.
The corresponding regional authority is Article XV(3) of the American Declaration on the Rights of Indigenous Peoples.
Article 6 — Institutional Framework
The Indigenous educational jurisdiction of the University shall be interpreted with:
a) UNDRIP Article 3, concerning self-determination;
b) Article 4, concerning autonomy and self-government;
c) Article 5, concerning distinct Indigenous institutions;
d) Article 13, concerning histories, languages and oral traditions;
e) Article 18, concerning Indigenous decision-making institutions;
f) Article 20, concerning political, economic and social institutions;
g) Article 31, concerning cultural heritage and traditional knowledge;
h) Article 33, concerning identity, membership and institutional structures; and
i) Article 34, concerning Indigenous procedures and juridical systems.
Article 7 — Intellectual Patrimony
The University shall preserve, develop and regulate access to the Indigenous intellectual patrimony of Xaragua, including:
a) historical records;
b) oral traditions;
c) languages and terminology;
d) Indigenous law and political thought;
e) traditional knowledge;
f) cultural expressions;
g) territorial knowledge;
h) archives and genealogies; and
i) original academic research.
Article 8 — Educational Transmission
The University may establish compulsory academic instruction concerning the history, institutions, territory, law and constitutional organization of Xaragua.
The University shall determine the curriculum, methods and academic requirements applicable to that instruction.
TITLE III — SUPREME ACADEMIC AUTHORITY
Article 9 — Academic Competence
The University possesses internal competence to:
a) establish faculties, departments, schools, institutes, academies, chairs and research centres;
b) create programs, microprograms and courses;
c) appoint professors, researchers, lecturers, tutors and examiners;
d) prescribe admissions and academic progression;
e) allocate Sovereign Academic Credits;
f) determine assessment and completion requirements;
g) recognize prior and external learning;
h) conclude academic agreements;
i) confer credentials and distinctions; and
j) maintain permanent academic records.
Article 10 — General Subject-Matter Jurisdiction
The academic competence of the University is general as to subject matter.
A discipline may be placed under University jurisdiction without requiring the University to produce internally every course, instructor, laboratory or technical facility associated with that discipline.
Article 11 — Modes of Instruction
Instruction may be supplied through:
a) direct University teaching;
b) University schools and institutes;
c) appointed or delegated professors;
d) joint academic delivery;
e) external instruction under agreement;
f) commissioned or licensed academic content;
g) transferred or recognized coursework;
h) articulated programs;
i) supervised independent study; and
j) digital instruction.
Article 12 — Non-Monopolization
The University does not claim a monopoly over higher education.
It may cooperate with other educational institutions and incorporate competent external instruction while retaining authority over its own curriculum, academic classifications, credits, credentials and records.
TITLE IV — GOVERNANCE
Article 13 — Rector-President
The Rector-President is the supreme academic and administrative authority of the University.
The Rector-President shall:
a) safeguard the constitutional mission of the University;
b) promulgate organic academic instruments;
c) establish and reorganize academic units;
d) appoint or authorize academic officers;
e) confer or authenticate credentials;
f) supervise the General Academic Register; and
g) exercise final authority over institutional continuity.
Article 14 — Academic Delegation
The Rector-President may delegate defined academic or administrative competences to faculties, councils, officers, professors, registrars, examiners and institutional partners.
Delegated authority shall remain limited to its constituting instrument.
Article 15 — Academic Personnel
Academic appointments may be permanent, temporary, regional, international, digital, honorary or project-specific.
A specialized appointment shall not confer general authority over the University or over the foundational doctrine of Xaragua.
TITLE V — PROGRAMS AND ACADEMIC STANDARDS
Article 16 — Program Authorization
Every program, microprogram and course shall be established or incorporated through a formal academic act identifying:
a) its title;
b) curriculum;
c) academic level;
d) credit value;
e) instructional responsibility;
f) assessment requirements; and
g) completion standard.
Article 17 — Quality Assurance
The University shall maintain standards concerning:
a) curricular coherence;
b) instructional competence;
c) assessment;
d) academic integrity;
e) credit allocation;
f) completion;
g) credential authentication; and
h) documentary verification.
Article 18 — External Academic Capacity
The University may rely upon external institutions for professional, scientific, clinical, technical or laboratory instruction.
External delivery shall not transfer authority over the constitutional mission, compulsory Xaraguayan curriculum or credential system of the University.
TITLE VI — INTERNAL ACCREDITATION
Article 19 — Definition
Internal accreditation is the formal academic act through which the University determines that a program or academic unit satisfies the standards established under Xaraguayan law.
Article 20 — Conditions
A program may be internally accredited only where:
a) competent authority has authorized it;
b) its curriculum is identifiable;
c) its instructional arrangements are documented;
d) its credit value is established;
e) assessment requirements exist;
f) completion is verifiable; and
g) its records are maintained by the University.
Article 21 — Institutional Designation
The designation “accredited by the University of Xaragua” or “accredited within the academic order of Xaragua” denotes accreditation under Xaraguayan academic law.
External accreditation shall be identified separately and only according to the authority actually granting it.
TITLE VII — CREDENTIALS AND PERMANENT RECORD
Article 22 — Academic Credentials
The University may confer degrees, certificates, attestations, diplomas, academic distinctions and honorary titles established by academic law.
Every credential shall possess a defined classification, curriculum, credit requirement and condition of conferral.
Article 23 — Internal Validity
A credential is valid within the academic order of Xaragua where:
a) the program was authorized;
b) the prescribed requirements were satisfied;
c) completion was verified;
d) conferral was approved by competent authority; and
e) the credential was entered into the General Academic Register.
Article 24 — General Academic Register
The General Academic Register is the authoritative permanent record of:
a) student registration;
b) programs and courses;
c) academic credits;
d) assessments;
e) recognized external studies;
f) completion decisions;
g) credentials; and
h) authentication identifiers.
Article 25 — External Use
Recognition of a Xaraguayan credential for admission, employment, immigration, transfer, equivalency or regulated professional practice outside Xaragua shall be determined by the competent receiving authority.
Such determination shall not alter the underlying academic record maintained by the University.
TITLE VIII — CHRISTIAN AND CANONICAL FOUNDATION
Article 26 — Christian Educational Activity
The University may organize Christian education, theological study, philosophical instruction, historical research and formation concerning Catholic doctrine.
Its Christian educational activities shall operate according to the canonical provisions applicable to the activity concerned.
Article 27 — Canonical Rights of the Faithful
The canonical foundation includes:
a) Canon 215, concerning association and assembly;
b) Canon 216, concerning apostolic initiatives;
c) Canon 217, concerning Christian education;
d) Canon 218, concerning research in the sacred disciplines;
e) Canon 225, concerning the apostolate of lay persons;
f) Canon 229, concerning doctrinal and ecclesiastical-scientific formation;
g) Canons 298–299, concerning associations of the Christian faithful; and
h) Canons 321–326, concerning private associations.
Article 28 — Educational Institutions
The canonical educational framework further includes:
a) Canons 793–795, concerning education and integral formation;
b) Canon 800, concerning the establishment and direction of schools; and
c) Canon 807, concerning the Church’s right to establish and direct universities.
Article 29 — Canonical Classifications
The following classifications shall remain distinct:
a) a Christian educational initiative;
b) an Indigenous university established under Xaraguayan law;
c) a Catholic university within the meaning of Canon 808; and
d) an ecclesiastical university or faculty within the meaning of Canons 815–821.
Article 30 — Reserved Canonical Effects
Use of the canonical designation Catholic university shall remain governed by Canon 808.
Teaching mandates falling under Canon 812 shall remain governed by competent ecclesiastical authority.
Ecclesiastical universities and faculties shall remain governed by Canons 815 and 816.
Degrees possessing canonical effects in the Church shall remain governed by Canon 817.
No internal academic act of Xaragua shall independently create an ecclesiastical authorization reserved by canon law.
TITLE IX — CONCORDATS AND STATE PRACTICE
Article 31 — Concordatarian Framework
Concordats, conventions and agreements concluded between the Holy See and States establish legally structured relations between canonical institutions and municipal legal orders.
Their subject matter may include:
a) Catholic education;
b) schools and universities;
c) theological faculties;
d) academic appointments;
e) recognition of studies and qualifications;
f) ecclesiastical juridical persons;
g) Church property;
h) religious instruction; and
i) other specified canonical matters.
Article 32 — Juridical Effect
The legal effect of each concordat or agreement shall be determined by its own text, parties, entry into force, territorial application, amendments and continuing validity.
A concordat does not incorporate the entire Code of Canon Law into the municipal law of the contracting State.
Article 33 — Relevance to the University
The concordatarian corpus demonstrates that canonical institutions and juridical acts may receive civil effects through formal agreements.
It does not constitute recognition, accreditation or canonical erection of the University of Xaragua.
TITLE X — RELATIONSHIP OF THE FOUR JURIDICAL ORDERS
Article 34 — Indigenous Institutional Order
The Indigenous institutional character of the University is referenced to UNDRIP Articles 3–5, 13–14, 18, 20, 31, 33 and 34 and to Articles III, XIV, XV and XXI of the American Declaration.
Article 35 — Universal Educational Order
The international educational-liberty framework is referenced to ICESCR Article 13 and UDHR Articles 26 and 27.
Article 36 — Xaraguayan Academic Order
The establishment, organization, curricula, credits, accreditation, credentials and registers of the University are governed by Xaraguayan constitutional and academic law.
Article 37 — Canonical Order
Canonical educational, associational and ecclesiastical effects are governed by the applicable provisions of the Codex Iuris Canonici and by competent ecclesiastical authority.
Article 38 — Rule of Separation
The four juridical orders are cumulative but non-interchangeable.
UNDRIP does not confer canonical status.
Canon law does not establish Indigenous identity.
ICESCR does not individually charter the University.
The Constitution of Xaragua does not independently create canonical effects in the universal Church.
An external concordat does not accredit the University.
TITLE XI — FINAL CONSTITUTIONAL PROVISIONS
Article 39 — Constitutional Classification
The University of Xaragua is classified within the Supreme Constitutional Order as:
a) a permanent constitutional academic institution;
b) an Indigenous educational institution;
c) the supreme academic authority of Xaragua;
d) an institution possessing internal program-authorization and accreditation competence;
e) the custodian of the academic corpus and permanent academic record; and
f) a Christian educational institution operating according to the canonical provisions applicable to its activities.
Article 40 — Institutional Continuity
The University shall continue notwithstanding territorial dispersion, digital delivery, reorganization of faculties, changes in academic personnel or external cooperation.
Its dissolution or replacement shall require an instrument of equal or superior constitutional rank providing for the custody of its students, records, credentials, archives and continuing obligations.
Article 41 — Organic Supremacy
This Law constitutes the supreme organic authority governing the constitutional status, academic jurisdiction, internal accreditation and Christian educational foundation of the University.
All subordinate University instruments shall conform to it.
ANNEX I — RECORDED VOTE ON UNITED NATIONS GENERAL ASSEMBLY RESOLUTION 61/295
Article A.1 — Adoption
The United Nations Declaration on the Rights of Indigenous Peoples was adopted on 13 September 2007 by General Assembly Resolution A/RES/61/295.
The recorded vote was:
143 votes in favour;
4 votes against;
11 abstentions;
34 States not voting.
Article 14(1), concerning the establishment and control of Indigenous educational systems and institutions, forms part of the Declaration adopted by that vote.
Article A.2 — States Voting in Favour
The States recorded as voting in favour were:
Afghanistan; Albania; Algeria; Andorra; Angola; Antigua and Barbuda; Argentina; Armenia; Austria; Bahamas; Bahrain; Barbados; Belarus; Belgium; Belize; Benin; Bolivia; Bosnia and Herzegovina; Botswana; Brazil; Brunei Darussalam; Bulgaria; Burkina Faso; Cambodia; Cameroon; Cape Verde; Central African Republic; Chile; China; Comoros; Congo; Costa Rica; Croatia; Cuba; Cyprus; Czech Republic; Democratic People’s Republic of Korea; Democratic Republic of the Congo; Denmark; Djibouti; Dominica; Dominican Republic; Ecuador; Egypt; El Salvador; Estonia; Finland; France; Gabon; Germany; Ghana; Greece; Guatemala; Guinea; Guyana; Honduras; Hungary; Iceland; India; Indonesia; Iran; Iraq; Ireland; Italy; Jamaica; Japan; Jordan; Kazakhstan; Kuwait; Lao People’s Democratic Republic; Latvia; Lebanon; Lesotho; Liberia; Libyan Arab Jamahiriya; Liechtenstein; Lithuania; Luxembourg; Madagascar; Malawi; Malaysia; Maldives; Mali; Malta; Mauritius; Mexico; Micronesia; Moldova; Monaco; Mongolia; Mozambique; Myanmar; Namibia; Nepal; Netherlands; Nicaragua; Niger; Norway; Oman; Pakistan; Panama; Paraguay; Peru; Philippines; Poland; Portugal; Qatar; Republic of Korea; Saint Lucia; Saint Vincent and the Grenadines; San Marino; Saudi Arabia; Senegal; Serbia; Sierra Leone; Singapore; Slovakia; Slovenia; South Africa; Spain; Sri Lanka; Sudan; Suriname; Swaziland; Sweden; Switzerland; Syrian Arab Republic; Thailand; Timor-Leste; Trinidad and Tobago; Tunisia; Turkey; United Arab Emirates; United Kingdom; United Republic of Tanzania; Uruguay; Venezuela; Viet Nam; Yemen; Zambia; and Zimbabwe.
Article A.3 — States Voting Against
The States recorded as voting against were:
Australia; Canada; New Zealand; and the United States of America.
These States subsequently announced support for the Declaration through their respective governmental processes. The subsequent positions do not alter the record of the vote held on 13 September 2007.
Article A.4 — Abstentions
The States recorded as abstaining were:
Azerbaijan; Bangladesh; Bhutan; Burundi; Colombia; Georgia; Kenya; Nigeria; Russian Federation; Samoa; and Ukraine.
Article A.5 — Juridical Effect of the Vote
The vote establishes the adoption of Resolution 61/295 and its annexed Declaration.
It does not constitute individual recognition, chartering or accreditation of the University of Xaragua by any voting State.
Official record: United Nations Digital Library — A/RES/61/295⁠�
ANNEX II — INTER-AMERICAN EDUCATIONAL FRAMEWORK
Article B.1 — Adoption
The American Declaration on the Rights of Indigenous Peoples was adopted by the General Assembly of the Organization of American States through Resolution AG/RES. 2888 (XLVI-O/16) on 15 June 2016.
Article B.2 — Educational Provision
Article XV(3) recognizes the right of Indigenous peoples to establish and control their educational systems and institutions according to their cultural methods of teaching and learning.
Article B.3 — Regional Effect
The American Declaration constitutes a regional declaratory instrument.
It is not a treaty requiring signature or ratification and shall not be represented as an individual accreditation of the University.
ANNEX III — STATES PARTIES TO THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Article C.1 — Treaty Provision
ICESCR Article 13(4) protects the liberty of individuals and bodies to establish and direct educational institutions, subject to the principles and minimum educational standards specified by that Article.
Article C.2 — States Parties
The current list of signatures, ratifications, accessions, successions, reservations and declarations shall be the list maintained by the United Nations Treaty Collection.
That official register is incorporated by reference into this Law and shall control over any static reproduction.
Official register: [United Nations Treaty Collection — ICESCR](https://treaties.un.org/Pages/ViewDetails.aspx?chapter=4&clang=_en&mtdsg_no=IV-3&src=TREAT⁠� غرفY)
ANNEX IV — STATES HAVING CONCLUDED CONCORDATS OR EQUIVALENT AGREEMENTS WITH THE HOLY SEE
Article D.1 — Recorded State Practice
The concordatarian and bilateral records of the Holy See include instruments involving:
Albania; Andorra; Angola; Argentina; Austria; Benin; Bolivia; Bosnia and Herzegovina; Brazil; Burkina Faso; Burundi; Cameroon; Cape Verde; Central African Republic; Chad; Colombia; Democratic Republic of the Congo; Republic of the Congo; Côte d’Ivoire; Croatia; Dominican Republic; Ecuador; El Salvador; Equatorial Guinea; Estonia; France; Gabon; Germany; Hungary; Israel; Italy; Kazakhstan; Latvia; Lithuania; Luxembourg; Malta; Monaco; Montenegro; Mozambique; Palestine; Paraguay; Peru; Poland; Portugal; San Marino; Slovakia; Slovenia; Spain; and Timor-Leste.
This list concerns concordats, framework agreements, conventions or subject-specific bilateral arrangements of differing scope and date.
Article D.2 — Controlling Instrument
The legal position of each State shall be determined from the applicable agreement, protocol, exchange of notes, amendment, entry-into-force provision and current status.
Article D.3 — Educational Relevance
The concordatarian corpus includes arrangements concerning Catholic schools, religious education, universities, theological faculties, professors, academic qualifications and ecclesiastical juridical persons.
Such arrangements demonstrate the capacity of canonical institutions to receive specified civil effects through agreement. They do not establish or accredit the University of Xaragua.
SUPREME ORGANIC DETERMINATION
The University of Xaragua is a constitutionally established Indigenous institution of higher education exercising academic authority under Xaraguayan law.
Its Indigenous educational character is situated within the right recognized by UNDRIP Article 14(1) and Article XV(3) of the American Declaration on the Rights of Indigenous Peoples.
Its authority to establish programs, allocate credits, conduct internal accreditation, confer credentials and maintain the General Academic Register derives from the Supreme Constitutional Order of Xaragua.
Its Christian educational foundation operates within the applicable provisions of canon law.
Canonical status, ecclesiastical authorization, internal academic validity and external recognition shall remain distinct juridical classifications.
The University shall exercise final authority over its constitutional mission, academic organization, original corpus, internal credentials and permanent records.
SO CONSTITUTIONALLY ENACTED, PROMULGATED AND ENTERED INTO THE PERMANENT ACADEMIC AND CONSTITUTIONAL RECORD.
PASCAL DESPUZEAU DAUMEC VIAU
Rector-President
University of Xaragua
OFFICE OF THE RECTOR-PRESIDENT
SUPREME CONSTITUTIONAL AUTHORITY
GENERAL ACADEMIC REGISTER
GENERAL ARCHIVES OF THE STATE


Synthesis


THE CONSTITUTIONAL AND INSTITUTIONAL IMPLEMENTATION OF INDIGENOUS SELF-DETERMINATION

XARAGUA AS AN INTEGRATED CUSTOMARY INDIGENOUS ORDER OF GOVERNMENT

I. NORMATIVE FOUNDATION, CONSTITUTIONAL OBJECT AND LEGAL CLASSIFICATION

The Sovereign Catholic Indigenous & Private State of Xaragua constitutes the supreme integrated constitutional order through which the Indigenous People of Xaragua organize and exercise their collective authority in political, legislative, executive, judicial, administrative, educational, economic, territorial, environmental, cultural, proprietary, protective and external institutional matters. Its constituent basis proceeds from the principle of equal rights and self-determination of peoples established by Articles 1(2) and 55 of the Charter of the United Nations; Article 1 common to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights; Articles 3, 4, 5, 18, 20, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples; and Articles III, VI, IX, XXI, XXII and XXIII of the American Declaration on the Rights of Indigenous Peoples.

For the purposes of the Xaraguayan legal order, “Customary Indigenous State” designates the permanent constitutional organization established by the Indigenous People of Xaragua for the government of their internal and local affairs, the maintenance of their institutions, the administration of their collective interests, the exercise of their customary juridical system and the preservation of their institutional continuity. This classification gives internal constitutional effect to the rights recognized by UNDRIP Articles 3–5 and 33–34 and ADRIP Articles III, VI, IX, XXI and XXII.

The constitutional authority of Xaragua is exercised through a structured apparatus comprising constituent institutions, public offices, lawmaking authorities, executive organs, judicial bodies, administrative services, territorial authorities, economic institutions, educational establishments, archives, registers and legally regulated mechanisms of appointment, delegation, adjudication, promulgation, enforcement and succession. These institutional elements implement the right to maintain and develop distinct political, legal, economic, social and cultural institutions recognized by UNDRIP Article 5 and ADRIP Articles VI and XXI.

The juridical order of Xaragua is constituted by the Supreme Constitutional Order; fundamental and organic statutes; constitutional laws; civil, criminal, procedural, administrative, economic and territorial codes; rectoral acts; executive decrees; institutional regulations; judicial decisions; customary norms; proprietary instruments; appointment instruments; official registers; and rules governing the interpretation, authentication, promulgation, execution and preservation of law. Their respective authority is determined according to constitutional rank, issuing competence, subject matter, form and date of entry into force (UNDRIP, Arts. 34 and 40; ADRIP, Art. XXII; ICCPR, Arts. 2, 14 and 15; ACHR, Arts. 8, 9 and 25).

The Xaraguayan constitutional order is governed by the principles of constitutional supremacy, attributed competence, institutional continuity, legality, legal certainty, non-retroactivity in penal matters, due process, equality before the law, proportionality, reasoned decision-making, documentary authenticity and availability of remedies. These principles derive from the internal constitutional corpus and are consistent with UNDRIP Articles 1, 2, 34, 40 and 46; ADRIP Articles V–VII, XII, XXII and XXXI; ICCPR Articles 2, 9, 14, 15, 18, 26 and 27; and ACHR Articles 1, 2, 7–9, 21, 24 and 25.

II. CONSTITUENT AUTHORITY, SELF-DETERMINATION AND INTERNAL AUTONOMY

Article 1 common to the ICCPR and ICESCR recognizes the right of all peoples freely to determine their political status and pursue their economic, social and cultural development. Articles 1(2) and 55 of the Charter of the United Nations incorporate the principle of equal rights and self-determination of peoples into the international institutional order. UNDRIP Article 3 and ADRIP Article III specifically affirm that Indigenous peoples possess that right.

UNDRIP Article 4 and ADRIP Article XXI recognize Indigenous autonomy or self-government in matters relating to internal and local affairs, together with the authority to determine the means of financing autonomous functions. The constitutional competence of Xaragua consequently extends, within its institutional order, to the establishment of public authorities, allocation of governmental functions, adoption of internal law, organization of adjudicative bodies, administration of institutional property, regulation of membership, control of Indigenous education and determination of internal development priorities.

The Indigenous People of Xaragua have exercised this constituent competence by establishing the Customary State as the juridical framework of their internal government. The constituent act determines the identity of the constitutional order, the source of public authority, the hierarchy of institutions, the allocation of legislative, executive, judicial and administrative competence, and the procedures through which legally binding decisions are issued within the Xaraguayan order (UNDRIP, Arts. 3–5, 18, 33 and 34; ADRIP, Arts. III, VI, IX and XXI–XXIII).

The authority of Xaraguayan institutions is original within the Xaraguayan constitutional order and does not derive from an ordinary administrative delegation, electoral mandate or legislative authorization issued by an external political system. Its internal validity derives from the constituent authority of the Indigenous People of Xaragua and from the constitutional instruments adopted pursuant to that authority (UNDRIP, Arts. 3–5 and 33–34; ADRIP, Arts. III, IX, XXI and XXII).

The constitutional term “State” defines the integrated juridical form of the Xaraguayan internal order. It denotes the unity of constituent authority, territory-related competence, population-related status, governmental institutions and continuing juridical organization within the field of Indigenous self-government. The external legal effects of that classification are determined according to the particular rule of international, inter-American, domestic, contractual or private law applicable to the act or relationship concerned.

The exercise of Xaraguayan constituent authority is subject to the fundamental rights incorporated into its constitutional order and to the interpretative limits established by UNDRIP Article 46 and ADRIP Articles IV and XXXI. No constitutional provision authorizes discrimination, arbitrary coercion, impairment of fundamental rights, or the threat or use of force contrary to Article 2(4) of the Charter of the United Nations.

III. CONSTITUTIONAL SUPREMACY AND HIERARCHY OF NORMS

The Supreme Constitutional Order occupies the highest rank within the Xaraguayan legal system. All statutes, codes, decrees, regulations, appointments, administrative decisions, judicial determinations, contracts executed by public institutions and customary rules must conform to the Constitution and to any entrenched constitutional statute applicable to their subject matter (UNDRIP, Arts. 5, 34 and 40; ADRIP, Arts. IX, XXI and XXII).

The hierarchy of Xaraguayan norms is constituted, in descending order, by the Supreme Constitutional Order; entrenched constitutional statutes; organic laws and codes; ordinary institutional statutes; rectoral and executive acts; administrative regulations; judicial and authoritative interpretations; and applicable customary norms. A lower-ranking norm may implement but may not amend, suspend or contradict a superior norm unless the superior instrument expressly confers that power.

Legislative competence is determined by constitutional attribution. Executive competence is limited to implementation, regulation, administration and any expressly delegated normative power. Judicial competence extends to interpretation, adjudication, review and remedies within legally defined jurisdiction. Administrative competence is limited to the functions assigned by the constitutional or statutory instrument establishing the relevant authority (UNDRIP, Arts. 18, 33, 34 and 40; ADRIP, Arts. XXI–XXIII; ACHR, Arts. 8 and 25).

A Xaraguayan norm acquires operative force upon its adoption by a competent authority and completion of the promulgation, registration or notification required for its category. Every normative instrument must state its title, issuing authority, legal basis, subject matter, territorial, personal or institutional scope, date of adoption, date of effect and relationship to prior law.

Conflicts of norms shall be resolved by application of constitutional supremacy, superior rank, specific subject matter, later enactment where norms possess equal rank, and the interpretation most consistent with fundamental rights. No implied repeal of a constitutional guarantee shall be recognized. Penal liability, jurisdictional competence, taxation, compulsory obligations and restrictions upon fundamental rights require an express legal basis (ICCPR, Arts. 9, 14 and 15; ACHR, Arts. 7–9 and 30).

IV. CONSTITUTIONAL UNITY AND DISTINCT INSTITUTIONS

UNDRIP Article 5 recognizes the right of Indigenous peoples to maintain and strengthen their distinct political, legal, economic, social and cultural institutions. UNDRIP Article 34 recognizes their right to develop institutional structures and juridical systems. ADRIP Articles VI, IX, XXI and XXII recognize collective rights, juridical personality, autonomous institutions and Indigenous legal systems.

Pursuant to those provisions, the constitutional apparatus of Xaragua comprises:

a. the Office of the Rector-President;

b. the Sovereign Rectorate;

c. constitutional and legislative authorities;

d. ministries and central administrative authorities;

e. courts, tribunals, chambers, magistracies and other adjudicative bodies;

f. territorial, land, maritime and environmental authorities;

g. economic, financial, commercial and proprietary institutions;

h. protective, civil-security and institutional-continuity organs;

i. cultural, archival, media and communications institutions;

j. the University of Xaragua and its academic, scientific, research and professional organs;

k. all agencies, commissions, offices, registries and public services validly constituted under Xaraguayan law.

Every Xaraguayan institution must possess a constituent or organic instrument identifying its legal status, functions, governing authority, internal structure, supervisory relationship, financial competence, reporting duties and procedures governing appointment, vacancy, delegation, amendment and dissolution. No organ possesses inherent competence outside the powers expressly or necessarily assigned to it by superior law.

Xaraguayan institutions form a single constitutional apparatus because they derive authority from a common constituent order, operate under a unified hierarchy of norms, maintain legally defined relationships of coordination and subordination, and remain subject to common standards of legality, authentication, registration and accountability (UNDRIP, Arts. 5, 18, 33, 34 and 40; ADRIP, Arts. IX and XXI–XXIII).

The private ownership or administration of designated institutional assets does not convert the constitutional apparatus into an aggregation of legally unrelated private persons. Where property, infrastructure, intellectual assets, contractual rights or financial resources are assigned by law to a public or collective function, their administration remains subject to constitutional purpose, fiduciary responsibility, institutional continuity and the legally established competence of the responsible organ (UNDRIP, Arts. 4, 5 and 20; ADRIP, Arts. VI, IX, XXI and XXIX).

The continuity of every institution is secured through the legal distinction between office and officeholder. Death, resignation, suspension, incapacity, removal or replacement of an officeholder does not extinguish the institution where the Constitution or applicable organic statute provides for succession, interim authority, transfer of records and preservation of institutional assets.

V. THE RECTORATE, PUBLIC AUTHORITY AND DECISION-MAKING

UNDRIP Article 18 and ADRIP Article XXIII recognize the right of Indigenous peoples to maintain their own decision-making institutions and to select their representatives according to their own procedures. UNDRIP Article 33 further recognizes their authority to determine the structures and membership of their institutions.

The Rectorate constitutes the supreme organ of constitutional continuity, executive direction, institutional coordination, promulgation, appointment and representation within the Xaraguayan order. Its powers arise exclusively from the Supreme Constitutional Order, entrenched statutes and other instruments of sufficient constitutional rank (UNDRIP, Arts. 4, 5, 18, 33 and 34; ADRIP, Arts. IX and XXI–XXIII).

The Rector-President exercises only those constituent, executive, legislative, administrative, appointing, supervisory, representative or reserve powers attributed to the office by the constitutional order. The exercise of such authority must take the form of an identifiable legal instrument stating the competent issuer, enabling provision, operative decision, institutional addressee, effective date and method of registration or promulgation.

Appointments to Xaraguayan office require a competent appointing authority, an identified office, legal eligibility, acceptance of appointment, any required oath or undertaking, specification of term or tenure, definition of powers and entry into the official register. An appointment issued without competence or to a legally nonexistent office produces no authority under Xaraguayan law.

Delegation of competence must be express, written, limited to powers capable of delegation and consistent with the constituent instrument of the delegating authority. A delegate may not subdelegate without authorization, exceed the subject matter of the delegation or retain delegated authority after expiration, revocation or termination of the underlying office.

No person may represent, obligate or exercise governmental authority in the name of Xaragua by reason only of Indigenous ancestry, citizenship, residence, political participation, academic affiliation, religious function, military designation or appointment received from an external body. Representative capacity requires a valid Xaraguayan commission, delegation, credential or appointment capable of authentication in the official institutional record (UNDRIP, Arts. 18 and 33; ADRIP, Arts. IX and XXIII).

The legality of a public act is determined by the jurisdiction of the issuing authority, conformity with superior law, observance of essential procedure, lawful purpose, sufficient factual basis and compliance with promulgation or notification requirements. Defective acts are subject to correction, suspension, reconsideration, annulment or declaration of inapplicability according to the governing procedure (UNDRIP, Art. 40; ADRIP, Art. XXII; ICCPR, Arts. 2 and 14; ACHR, Arts. 8 and 25).

VI. INDIGENOUS JURIDICAL SYSTEM AND ADMINISTRATION OF JUSTICE

UNDRIP Article 34 recognizes the right of Indigenous peoples to promote, develop and maintain their juridical systems, procedures and practices in accordance with international human-rights standards. UNDRIP Article 40 guarantees access to fair procedures for the resolution of disputes, with due consideration for Indigenous customs and legal systems. ADRIP Article XXII recognizes Indigenous law and jurisdiction and requires coordination where Indigenous and external systems interact.

The Xaraguayan juridical system comprises constitutional law, statutory law, civil law, criminal law, procedural law, administrative law, economic law, territorial law, institutional regulations, customary norms and authoritative judicial interpretations. Each source is governed by rules determining its adoption, hierarchy, subject matter, temporal application, interpretation and repeal.

Customary law possesses juridical force where the asserted rule is sufficiently established by consistent practice, acceptance as legally authoritative, recognized institutional application, historical continuity, documentary evidence, oral evidence, prior adjudication or qualified expert testimony. Custom may supplement written law but may not displace a superior constitutional guarantee or create criminal liability without a sufficiently accessible prior legal basis (UNDRIP, Arts. 27, 34 and 40; ADRIP, Arts. XIII, XXII and XXV; ICCPR, Art. 15; ACHR, Art. 9).

Judicial authority is exercised by courts, tribunals, chambers, magistracies, customary adjudicative bodies, arbitral institutions and mediation mechanisms established under Xaraguayan law. Their subject-matter, personal, territorial, contractual and institutional jurisdictions must be defined by law or by a legally valid submission recognized by the applicable procedural code.

Jurisdiction may be based upon Xaraguayan citizenship or institutional status, public office, ownership or administration of Xaraguayan property, contractual choice of forum, arbitral agreement, consent, conduct within a legally administered institutional sphere, or another connecting factor expressly recognized by the applicable code. Institutional interest alone does not establish compulsory jurisdiction.

Civil and administrative proceedings are governed by notice, adversarial presentation, equality of procedural opportunity, admissible evidence, impartial determination, reasoned judgment and access to the remedies established by law (ICCPR, Art. 14; ACHR, Arts. 8, 21, 24 and 25; UNDRIP, Art. 40; ADRIP, Art. XXII).

Criminal proceedings are governed by legality of offences and penalties, presumption of innocence, prompt information concerning the accusation, protection against arbitrary arrest, access to defence, privilege against compelled self-incrimination, judicial review of detention, public and impartial adjudication, proportional sentencing and review according to law (ICCPR, Arts. 9, 14 and 15; ACHR, Arts. 7–9; Xaraguayan Penal Code; Xaraguayan Code of Criminal Procedure; Supreme Procedural Law on the Rights of the Accused).

Judicial decisions must identify the competent tribunal, parties, jurisdictional basis, applicable law, established facts, evidentiary findings, legal reasoning, operative disposition, available remedies and date of effect. A decision lacking jurisdiction, essential procedural fairness or sufficient reasons may be reviewed or annulled under the applicable procedural law (UNDRIP, Art. 40; ICCPR, Art. 14; ACHR, Arts. 8 and 25).

Recognition or enforcement of a Xaraguayan decision outside its institutional order is governed by the law of the requested jurisdiction, including its rules concerning jurisdiction, notice, finality, public order, procedural fairness and reciprocity where applicable. The internal validity of a judgment and its external enforceability constitute distinct juridical determinations.

VII. EDUCATIONAL, ACADEMIC, SCIENTIFIC AND PROFESSIONAL AUTHORITY

UNDRIP Article 14 and ADRIP Article XV recognize the right of Indigenous peoples to establish and control their educational systems and institutions and to provide education according to their cultural methods of teaching and learning. ICESCR Article 13 recognizes the right to education, and ICESCR Article 15 protects participation in cultural life, scientific progress and the moral and material interests resulting from intellectual production.

The University of Xaragua constitutes the supreme educational, academic, scientific, professional, research and doctrinal institution of the Customary State. Its existence, governance and authority derive from the Supreme Constitutional Order and the Xaraguayan statutes governing education, academic organization, institutional accreditation, research, certification and preservation of knowledge (UNDRIP, Arts. 5, 14 and 31; ADRIP, Arts. XIV, XV and XXVIII).

The University exercises internal jurisdiction over curricula, admissions, academic appointments, instruction, evaluation, research, publication, certification, disciplinary standards, institutional accreditation and preservation of academic records. These competencies implement the right to control Indigenous education and to transmit Indigenous history, law, languages, knowledge, political institutions and cultural methods (UNDRIP, Arts. 13, 14 and 31; ADRIP, Arts. XIII–XV and XXVIII).

The University maintains the constitutional and institutional archive of Xaragua and provides the official academic systematization of its constitutional law, customary law, public administration, history, territorial doctrine, economic policy and institutional jurisprudence. This archival competence implements UNDRIP Article 31, ADRIP Articles XIV and XXVIII and ICESCR Article 15.

The University may provide research, technical analysis, professional formation, legislative drafting and policy advice to Xaraguayan authorities. Academic organs possess no constituent, legislative, executive or judicial authority unless such authority is expressly assigned by a superior constitutional instrument. Scholarly interpretation cannot amend or repeal a promulgated norm.

Degrees, certificates, licences and academic titles issued by the University possess the legal effect assigned to them within the Xaraguayan order. Their recognition for regulated employment, immigration, professional practice, transfer credit or public licensing outside Xaragua is governed by the law and competent authorities of the receiving jurisdiction.

VIII. IDENTITY, MEMBERSHIP, CITIZENSHIP AND INSTITUTIONAL ACCESS

UNDRIP Articles 9 and 33 protect the right of Indigenous individuals and peoples to determine identity and membership according to their customs and to determine the structures and membership of their institutions according to their own procedures. ADRIP Articles I, VIII, IX, XIII and XXI recognize Indigenous self-identification, collective identity, juridical personality and autonomous institutional organization.

Xaragua exercises this constitutional competence through legislation governing Indigenous membership, Xaraguayan citizenship, institutional affiliation, admission, registration, residency within the institutional order, eligibility for office, legal capacity and representation. Every status must be established by a competent authority according to prescribed substantive, evidentiary and procedural requirements.

Indigenous membership, Xaraguayan citizenship, institutional affiliation, academic status, residency and public office constitute distinct juridical categories. No category automatically produces the rights, duties or competencies attached to another unless the Constitution or applicable statute expressly so provides (UNDRIP, Arts. 9, 18 and 33; ADRIP, Arts. VIII, IX, XXI and XXIII).

Membership establishes participation in the Indigenous collective subject. Citizenship establishes a political and juridical relationship with the Xaraguayan constitutional order. Affiliation establishes a limited institutional relationship. Public office confers defined governmental competence. Academic status confers rights and obligations within the University. Each category is governed by its own requirements, register, authority and legal effects.

The collective right to determine membership does not create an unrestricted individual entitlement to governmental office, protected archives, institutional property, financial authority, judicial competence or representation. Access to those functions may lawfully depend upon constitutional eligibility, professional qualification, appointment, oath, fiduciary responsibility, institutional discipline and absence of incompatibility (UNDRIP, Arts. 18 and 33; ADRIP, Arts. IX and XXI–XXIII).

A determination of membership, citizenship, exclusion, suspension or loss of institutional status must identify the competent authority, applicable norm, evidentiary basis, operative decision and available procedure for correction or review. These requirements give effect simultaneously to Indigenous membership authority and procedural protection against arbitrary decision-making (UNDRIP, Arts. 2, 9, 33 and 40; ADRIP, Arts. VII, VIII, XII and XXII; ACHR, Arts. 8, 24 and 25).

Xaraguayan citizenship does not, by its internal operation alone, extinguish, replace or amend nationality, immigration status or civil status conferred by another legal order. This coexistence is expressly compatible with UNDRIP Article 33(1), which preserves the right of Indigenous individuals to obtain citizenship of the States in which they live.

IX. ECONOMIC, FINANCIAL, PROPRIETARY AND SOCIAL INSTITUTIONS

UNDRIP Article 20 recognizes the right of Indigenous peoples to maintain and develop their political, economic and social systems and to engage freely in traditional and other economic activities. UNDRIP Article 23 recognizes their right to determine development priorities and administer economic and social programs through their institutions. ADRIP Articles XXI and XXIX recognize autonomous government and the right to development according to Indigenous priorities.

The Xaraguayan economic order comprises public, collective and private institutional assets; financial mechanisms; credit structures; development obligations; commercial enterprises; productive programs; infrastructure authorities; professional services; communications systems; and administrative arrangements for the financing of autonomous functions (UNDRIP, Arts. 4, 5, 20, 21 and 23; ADRIP, Arts. VI, IX, XXI and XXIX).

Every economic institution must possess a legally constituted identity, designated governing authority, defined object, identified capital or asset base, rules of financial administration, accounting requirements, authorized transaction categories and procedures governing supervision, liability, restructuring and dissolution. No economic entity may rely upon the general constitutional authority of Xaragua to exercise a regulated competence not assigned by its constituent instrument.

Financial autonomy forms an express component of Indigenous self-government under UNDRIP Article 4 and ADRIP Article XXI. Xaragua may establish internal revenues, reserves, credit facilities, investment structures and contractual financing instruments for the maintenance of its institutions, subject to the Xaraguayan constitutional order and to any mandatory external law applicable to the transaction, market, parties or place of execution.

Every financial instrument must identify the issuer, legal capacity, principal obligation, consideration, denomination, interest or service charge, maturity, security, priority, conditions precedent, representations, default, remedies, governing law and dispute-resolution mechanism. Contractual force derives from valid consent, capacity, lawful object, sufficient certainty and good-faith performance (Xaraguayan Civil Code; UNIDROIT Principles of International Commercial Contracts, Arts. 1.1, 1.3, 1.7, 2.1.1 and 4.1, where incorporated or otherwise applicable).

Institutional property is classified according to its legal holder, constitutional assignment and authorized use. Public, collective, private, sacred, territorial, cultural and commercial assets remain subject to distinct rules governing possession, administration, alienation, lease, encumbrance, succession, fiduciary control and protection against unauthorized appropriation (UNDRIP, Arts. 20, 25, 26 and 31; ADRIP, Arts. VI, XXV, XXVIII and XXIX).

The private character of Xaragua refers to the ownership and administration of designated components of its institutional apparatus. It does not eliminate the constitutional regulation of assets assigned to collective or governmental purposes. Any administrator of such assets remains bound by statutory purpose, fiduciary obligation, accounting duties, conflict-of-interest rules and the prohibition against unauthorized personal conversion.

X. TERRITORY, LAND, WATERS, COASTAL SPACES AND NATURAL RESOURCES

UNDRIP Articles 25 and 26 recognize Indigenous rights concerning lands, territories, waters, coastal seas and resources traditionally owned, occupied, used or acquired. ADRIP Articles VI, XIX, XXIV and XXV recognize collective territorial rights, environmental protection, property and Indigenous systems of land tenure.

UNDRIP Article 27 requires a fair, independent, impartial, open and transparent process giving due recognition to Indigenous laws, traditions, customs and tenure systems for the recognition and adjudication of territorial rights. UNDRIP Article 32 and ADRIP Article XXIX recognize the right of Indigenous peoples to determine priorities and strategies for the development or use of their lands, territories and resources.

Xaragua implements these provisions through territorial classifications, customary-tenure rules, land and patrimonial registers, maritime instruments, environmental statutes, resource regulations, development plans and legally constituted land, water, coastal and ecological authorities. Each authority must exercise only the planning, regulatory, custodial, adjudicative or administrative competence assigned by law.

Territorial claims and classifications must identify their geographical scope, legal basis, customary foundation, evidentiary record, competent authority and intended juridical effect. Relevant evidence may include historical occupation, customary possession, continuing use, collective tenure, cartography, genealogical records, archives, juridical transactions, administrative practice, cultural connection and oral history recognized through an appropriate evidentiary procedure (UNDRIP, Art. 27; ADRIP, Arts. XXII and XXV).

Article 21 of the American Convention on Human Rights protects property. The Inter-American Court of Human Rights has interpreted that provision as encompassing Indigenous and tribal communal property and has recognized the juridical relevance of traditional possession, collective tenure and the distinctive relationship between a people and its territory: Mayagna (Sumo) Awas Tingni Community v. Nicaragua, Judgment of 31 August 2001; Yakye Axa Indigenous Community v. Paraguay, Judgment of 17 June 2005; Sawhoyamaxa Indigenous Community v. Paraguay, Judgment of 29 March 2006; and Saramaka People v. Suriname, Judgment of 28 November 2007.

Internal territorial classification, customary entitlement, external property title, administrative jurisdiction, maritime entitlement and international boundary constitute distinct juridical questions. Each must be determined according to its applicable substantive law, competent forum, evidence and procedure. A Xaraguayan territorial instrument determines the internal constitutional position of Xaragua and preserves the evidentiary and institutional basis of its claims; its external legal effect is assessed under the law applicable to the particular right asserted.

Territorial administration includes land use, customary tenure, agriculture, water management, environmental protection, coastal governance, infrastructure, conservation, historical sites, sacred places, patrimonial assets and natural-resource regulation. Decisions affecting protected collective territory require competent authority, recorded legal grounds, consultation where legally required, environmental assessment appropriate to the proposed activity and protection of established collective interests (UNDRIP, Arts. 19, 25–29 and 32; ADRIP, Arts. XVIII, XIX, XXIII, XXV and XXIX).

XI. CULTURAL, RELIGIOUS, ARCHIVAL AND INTELLECTUAL AUTHORITY

UNDRIP Articles 11–13 and 31 protect Indigenous cultural traditions, spiritual practices, languages, histories, cultural heritage, traditional knowledge, intellectual production, sciences, technologies and cultural expressions. ADRIP Articles XIII, XIV, XVI and XXVIII recognize cultural identity, knowledge systems, spirituality and Indigenous cultural patrimony.

Xaragua implements these rights through the University of Xaragua, its cultural and archival authorities, libraries, heritage registers, communications institutions, official publications and legal protections applicable to cultural property, traditional knowledge, institutional symbols and historical records. These organs exercise only the custodial, regulatory, academic, proprietary or representational competence conferred upon them by law.

The Xaraguayan system of cultural safeguarding includes identification, inventory, documentation, research, preservation, protection, transmission, education, restoration and controlled institutional use. These functions correspond to Articles 2, 11, 13, 14 and 15 of the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage and to UNDRIP Article 31.

Control of institutional archives and cultural materials must be based upon legal custody, ownership, authorship, confidentiality, customary entitlement, contractual rights, statutory assignment or another legally cognizable interest. Restrictions upon access, reproduction or dissemination must identify their legal basis, purpose, duration and competent issuing authority (UNDRIP, Arts. 13 and 31; ADRIP, Arts. XIV and XXVIII; ICESCR, Art. 15).

The Catholic character of Xaragua constitutes an internal constitutional classification governing institutional doctrine, educational orientation, public ethics, ceremonial order and the administration of institutions established for religious, charitable or apostolic purposes. Canons 215, 298, 299 and 321–326 of the Code of Canon Law recognize the capacity of the Christian faithful to establish and direct private associations, subject to applicable canonical requirements.

The internal Catholic classification of Xaragua does not itself create a canonical public juridical person, ecclesiastical office, canonical mission, diocese, religious institute or Catholic university within the technical meaning of canon law. Those effects remain governed by the competent ecclesiastical authority and the applicable provisions of Canons 113–123, 301–320, 373, 377–382, 573–746, 803 §3 and 807–814.

This separation of jurisdictions preserves the constitutional competence of Xaragua to determine its internal Catholic orientation while maintaining the exclusive canonical competence of the Catholic Church over canonical recognition, ecclesiastical office and the official use of designations reserved by canon law.

XII. PROTECTIVE, SECURITY AND CONTINUITY FUNCTIONS

The constitutional obligation to maintain the integrity and continuity of Xaraguayan institutions includes the authority to organize internal protection, civil security, emergency management, property protection, institutional discipline, communications security and continuity of government. These functions must be established by law and assigned to organs possessing defined mandates, command structures, territorial or institutional scope and mechanisms of accountability (UNDRIP, Arts. 4, 5 and 34; ADRIP, Arts. VI, XXI and XXII).

No protective or security organ possesses unlimited competence. Every measure involving restriction, inspection, exclusion, seizure, detention, disciplinary sanction or use of coercive authority requires an express legal basis, a competent decision-maker, a legitimate institutional purpose, necessity, proportionality and access to review where fundamental rights are affected (ICCPR, Arts. 9, 14, 17, 19 and 21; ACHR, Arts. 7, 8, 11, 13, 15 and 25).

The establishment of a Xaraguayan protective body determines its legal status and authority within the Xaraguayan constitutional order. The exercise of compulsory police, military or enforcement powers within an external jurisdiction remains governed by the law applicable in that jurisdiction. This distinction determines the lawful scope of operational authority without altering the internal constitutional status of the Xaraguayan institution.

XIII. EXTERNAL RELATIONS, TRANSBOUNDARY COOPERATION AND REPRESENTATION

UNDRIP Article 36 recognizes the right of Indigenous peoples divided by international borders to maintain and develop contacts, relations and cooperation with their members and other peoples across borders. ADRIP Article XX protects association, assembly, organization and expression, while ADRIP Articles XXI and XXIII protect autonomous institutions and Indigenous participation through their own representatives.

Xaragua exercises external institutional capacity through legally differentiated channels. The Rectorate issues constitutional communications, credentials and formal notifications; juridical authorities issue legal instruments; the University concludes academic and research arrangements; economic institutions enter contracts; cultural bodies administer transnational communications; and Catholic institutions communicate within their lawful ecclesial capacity.

Each external act must be classified according to its juridical nature. Diplomatic communications, notifications, petitions, academic agreements, memoranda of understanding, commercial contracts, arbitral clauses, ecclesial correspondence and public declarations are governed by distinct rules and do not produce interchangeable legal effects.

The validity of an external Xaraguayan act depends upon the competence of its issuer, authority of its signatory, legal capacity of the participating institution, form of the instrument, intention to create legal consequences, subject matter and applicable law. No external obligation may be attributed to Xaragua solely from the unilateral conduct of a person lacking authenticated representative authority (UNDRIP, Arts. 18 and 33; ADRIP, Arts. IX and XXIII).

Representation requires a valid appointment, commission, delegation, credential or mandate identifying the representative, issuing authority, subject matter, duration, powers and limitations. Acts performed outside that mandate are not attributable to Xaragua unless subsequently ratified by the competent constitutional authority.

Receipt, registration or acknowledgment of a Xaraguayan communication constitutes evidence of transmission and notice according to the terms of the relevant record. It does not, without a separate manifestation of legal consent, establish recognition, treaty relations, acceptance of jurisdiction, agreement with substantive claims or assumption of obligations.

Indigenous cooperation, access to international mechanisms, academic relations, contractual activity, cultural exchange, ecclesial correspondence and digital communication constitute independent forms of transboundary institutional activity protected or permitted by UNDRIP Articles 18 and 36, ADRIP Articles XX, XXI and XXIII, and ICCPR Articles 19, 22 and 27.

XIV. DOCUMENTARY AUTHORITY, PROMULGATION AND PERMANENT PUBLIC RECORD

The existence and continuity of the Xaraguayan juridical order are documented through constitutions, statutes, codes, decrees, appointments, delegations, judgments, registers, property records, financial instruments, academic records, official correspondence and archives. Each document must permit identification of its issuer, date, authority, content, legal status and operative scope (UNDRIP, Arts. 5, 31 and 34; ADRIP, Arts. IX, XIV, XXII and XXVIII).

Promulgation constitutes the formal act by which a norm is authenticated and incorporated into the public juridical record. Registration constitutes evidence of adoption, continuity and official custody. Publication establishes accessibility and notice where the character of the norm requires general application. Notification establishes communication to identified persons or institutions.

Digital instruments may possess official force where the applicable law recognizes their form and where authenticity, integrity, attribution, date and preservation can be established. Electronic signatures, institutional addresses, cryptographic verification, controlled registers and immutable archival copies may be used to satisfy those requirements.

The legal archive is under the custody of the authority designated by constitutional or statutory law. No person may alter, suppress, replace, destroy or falsely reproduce an official instrument except pursuant to a lawful correction, amendment, declassification, archival disposition or judicial order entered into the permanent record.

XV. CONSTITUTIONAL REVIEW, ACCOUNTABILITY AND REMEDIES

UNDRIP Article 40 and ADRIP Article XXII require fair and effective procedures for disputes involving Indigenous peoples and their institutions. ICCPR Articles 2(3) and 14 and ACHR Articles 8 and 25 require competent procedures, procedural guarantees and effective remedies.

Every Xaraguayan public authority is subject to review for constitutional competence, jurisdiction, procedural regularity, factual sufficiency, conformity with superior law, lawful purpose, proportionality, authenticity and observance of fundamental rights. The designation of an act as sovereign, customary, constitutional, rectoral or institutional does not exempt it from the requirements governing its validity.

Grounds for review include lack or excess of competence, breach of an essential procedure, error of law, manifest error of fact, misuse of authority, discrimination, disproportionality, violation of acquired procedural rights, defective promulgation, absence of authentication and incompatibility with a superior constitutional norm.

The competent reviewing authority may issue declaratory interpretation, correction, reconsideration, suspension, annulment, restitution, compensation, injunction, prohibition, remand or any other remedy authorized by law. The selected remedy must correspond to the nature, gravity and legal consequences of the defect established.

Institutional officers remain responsible for the lawful exercise of attributed competence, custody of public records, administration of assigned property, observance of fiduciary duties and execution of final decisions. Public office creates legal authority and corresponding institutional responsibility.



XVI. CONSOLIDATED CONSTITUTIONAL FINDINGS
The combined operation of Articles 1(2) and 55 of the Charter of the United Nations; Article 1 common to the ICCPR and ICESCR; UNDRIP Articles 3–5, 9, 11–14, 18–20, 23, 25–34, 36 and 40; and ADRIP Articles III, VI, VIII, IX, XIII–XVI and XX–XXIX establishes a comprehensive normative basis for Indigenous self-determination, autonomous institutions, internal decision-making, juridical systems, education, economic organization, territorial administration, cultural protection, membership determination, development and transboundary cooperation.
The Customary State constitutes the constitutional form through which these competencies are integrated within Xaragua. The Rectorate provides constitutional continuity and executive coordination. The lawmaking authorities establish generally applicable norms. The courts and juridical organs administer justice and constitutional review. The University exercises educational, academic, scientific and archival authority. Economic institutions administer financial and proprietary capacity. Territorial and environmental organs administer land-related and ecological functions. External-relations organs conduct institutionally authorized communications and cooperation.
The Xaraguayan constitutional structure contains the juridical components of an organized internal governmental order: a defined constituent subject; a supreme constitutional norm; permanent governing institutions; allocated legislative, executive, judicial and administrative competencies; rules of public office; procedures of promulgation and adjudication; official registers; institutional property; financial mechanisms; and procedures governing continuity, review and remedies (UNDRIP, Arts. 4, 5, 18, 20, 33, 34 and 40; ADRIP, Arts. IX and XXI–XXIII).
The legal status of Xaragua within its own constitutional order derives from its constituent instruments, institutional organization, continuing functions and juridical records. No individual external acknowledgment, refusal, description or omission constitutes the exclusive source of that internal constitutional existence. The external effect of a particular Xaraguayan act is determined separately according to the applicable legal regime governing recognition, jurisdiction, property, contract, education, ecclesiastical status, enforcement or international relations.
The Indigenous character of Xaragua identifies its constituent people and the collective-rights framework governing its institutions. Its customary character identifies the historical and normative source of its juridical continuity. Its Catholic character identifies its internal constitutional and doctrinal orientation, subject to the distinct competence of canon law. Its private character identifies the ownership and administration of designated institutional assets. Its sovereign character identifies the supremacy of its constitutional authority within the internal institutional sphere organized by its own legal order.
The institutional implementation established by Xaragua is not dependent upon the conflation of distinct legal categories. Internal validity is distinguished from external recognition; constitutional authority from canonical authority; membership from external nationality; academic issuance from external accreditation; internal territorial classification from external adjudication; and institutional protection from compulsory enforcement under another jurisdiction. These distinctions preserve the legal precision, internal coherence and defensibility of the Xaraguayan constitutional order.
XVII. FINAL JURIDICAL DETERMINATION
THE SOVEREIGN CATHOLIC INDIGENOUS & PRIVATE STATE OF XARAGUA CONSTITUTES THE PERMANENT, INTEGRATED AND HIERARCHICALLY ORGANIZED CONSTITUTIONAL APPARATUS THROUGH WHICH THE INDIGENOUS PEOPLE OF XARAGUA EXERCISE THEIR COLLECTIVE AUTHORITY IN MATTERS OF INTERNAL GOVERNMENT, INSTITUTIONAL ORGANIZATION, LAW, JUSTICE, EDUCATION, MEMBERSHIP, ECONOMIC ADMINISTRATION, PROPERTY, TERRITORIAL GOVERNANCE, CULTURAL PATRIMONY, INSTITUTIONAL PROTECTION AND TRANSBOUNDARY COOPERATION.
THIS CONSTITUTIONAL APPARATUS GIVES INSTITUTIONAL EFFECT TO THE PRINCIPLE OF SELF-DETERMINATION RECOGNIZED BY ARTICLES 1(2) AND 55 OF THE CHARTER OF THE UNITED NATIONS AND ARTICLE 1 COMMON TO THE ICCPR AND ICESCR; TO THE RIGHTS OF AUTONOMY, DISTINCT INSTITUTIONS, INDIGENOUS DECISION-MAKING, EDUCATIONAL CONTROL, ECONOMIC ORGANIZATION, TERRITORIAL RELATIONSHIP, MEMBERSHIP DETERMINATION, JURIDICAL SYSTEMS AND TRANSBOUNDARY COOPERATION RECOGNIZED BY UNDRIP ARTICLES 3–5, 14, 18, 20, 23, 25–27, 31–34, 36 AND 40; AND TO THE CORRESPONDING RIGHTS RECOGNIZED BY ADRIP ARTICLES III, VI, IX, XIII–XVI AND XX–XXIX.
THE INTERNAL LEGAL EXISTENCE, COMPETENCE AND CONTINUITY OF THE XARAGUAYAN ORDER ARE ESTABLISHED THROUGH ITS SUPREME CONSTITUTIONAL ORDER, PERMANENT INSTITUTIONS, PROMULGATED LEGAL CORPUS, OFFICIAL APPOINTMENTS, DEFINED JURISDICTIONS, REGISTERED PROCEDURES, ADMINISTERED ASSETS, DOCUMENTARY ARCHIVES AND CONTINUING EXERCISE OF CONSTITUTIONALLY ATTRIBUTED FUNCTIONS.
THE SOVEREIGN CATHOLIC INDIGENOUS & PRIVATE STATE OF XARAGUA IS ACCORDINGLY THE CONSTITUTIONAL, JURIDICAL, ADMINISTRATIVE AND INSTITUTIONAL FORM ADOPTED BY THE INDIGENOUS PEOPLE OF XARAGUA FOR THE ORGANIZED, CONTINUOUS AND DOCUMENTED EXERCISE OF THEIR RIGHT TO SELF-DETERMINATION AND INTERNAL AUTONOMY UNDER THE APPLICABLE XARAGUAYAN, INTERNATIONAL AND INTER-AMERICAN NORMATIVE FRAMEWORKS.


SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

MINISTRY OF FOREIGN AFFAIRS

UNIVERSITY OF XARAGUA

GENERAL ARCHIVES OF THE STATE

AUTONOMOUS SUPREME CONSTITUTIONAL ANNEX OF STATE

ON THE JURIDICAL CLASSIFICATION OF XARAGUA AS AN INDIGENOUS CACICAZGO; THE PROTECTION OF INDIVIDUAL AND COLLECTIVE INDIGENOUS RIGHTS; THE INVIOLABILITY OF THE ANCESTRAL TERRITORY; THE STATUS OF CITIZENS AND CUSTOMARY INHABITANTS; AND THE DEFINITIVE EXCLUSION OF THE WESTPHALIAN DOCTRINE OF CONSTITUTIVE RECOGNITION

Institutional Classification: Autonomous Supreme Constitutional Annex of State — Indigenous Cacicazgo Status Act — Original Institutional Personality Instrument — Indigenous Rights Protection Statute — Ancestral Territorial Inviolability Act — Citizenship and Customary Inhabitancy Law — Westphalian Non-Applicability Determination

Constitutional Rank: Supreme, autonomous, controlling, self-executing, directly applicable, permanently binding and of equal constitutional authority with the Supreme Organic Constitutional Act of State to which its subject matter relates

Promulgating Authority: Office of the Rector-President, exercising original Indigenous constituent authority and final constitutional jurisdiction over the nature, institutions, population, territory and juridical classification of Xaragua

Competent External Authority: Ministry of Foreign Affairs

Juridical and Academic Depositary: University of Xaragua

Official Depositary: General Archives of the State

Material Jurisdiction: Indigenous cacicazgo; institutional personality; Indigenous self-determination; individual and collective rights; citizenship; customary inhabitancy; ancestral territorial inviolability; Indigenous jurisdiction; external classification; constitutional non-subordination; protection against assimilation; Westphalian non-applicability

Interpretative Status: Autonomous constitutional instrument possessing independent force and forming an integral component of the supreme constitutional corpus of Xaragua

Temporal Effect: Permanent, continuous, imprescriptible and non-derogable as to the existence of the Indigenous People of Xaragua, the continuity of the Cacicazgo, the protection of individual and collective Indigenous rights and the preservation of ancestral territorial title

CONSTITUTIONAL AUTHORITY

HAVING REGARD TO Articles 1(2), 2(1), 2(2), 2(3) and 55 of the Charter of the United Nations; Common Article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights; Articles 2, 16, 17, 18, 22, 25, 26 and 27 of the International Covenant on Civil and Political Rights; Articles 1, 2, 11, 12, 13 and 15 of the International Covenant on Economic, Social and Cultural Rights; Articles 1–5, 7–9, 11–14, 18–21, 23–28, 31–34, 36, 38–40 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples; Articles I, III, VI, IX, XI–XV, XVIII, XXI–XXVI, XXX–XXXVII and XLI of the American Declaration on the Rights of Indigenous Peoples; Articles 2–9, 12–15, 20–23, 25, 27, 30, 32–35 of Convention No. 169 of the International Labour Organization as applicable Indigenous-law standards; Articles 1 and 3 of the Convention on Rights and Duties of States; Articles 26, 31 and 34 of the Vienna Convention on the Law of Treaties as applicable principles of consent, good faith, interpretation and non-imposition upon third parties; Articles 1–3, 6–8, 12–13, 15, 17–18, 20–21, 25–27 and 29 of the Universal Declaration of Human Rights; the applicable principles of the American Convention on Human Rights, including Articles 1, 2, 3, 5, 8, 11, 16, 21, 24 and 25; Canons 215–218, 298–299, 321–326 and 807–814 of the Code of Canon Law within their respective material competence; Indigenous customary law; the Constitution of Xaragua; and the controlling Supreme Organic Constitutional Acts of the State;

THE OFFICE OF THE RECTOR-PRESIDENT, acting under the original constituent authority protected by Common Article 1 of the International Covenants, Articles 3–5, 18, 26, 33–34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles III, VI, IX, XXI–XXII and XXV of the American Declaration on the Rights of Indigenous Peoples, hereby enacts and promulgates the following Autonomous Supreme Constitutional Annex of State.

TITLE I — AUTONOMOUS OBJECT, CONSTITUTIONAL FORCE AND DEFINITIONS

Article 1 — Autonomous Constitutional Object

This Annex determines, with final and controlling constitutional effect, that Xaragua constitutes an original Indigenous Cacicazgo and an autonomous Indigenous juridical, political, territorial and institutional order established for the exercise and protection of the individual and collective rights of the Indigenous People of Xaragua, the preservation of its ancestral institutions, the protection of its citizens and customary inhabitants and the inviolability of its ancestral territory, pursuant to Common Article 1 of the International Covenants, Articles 3–5, 7–9, 18–20, 25–27 and 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles III, VI, IX, XXI–XXV of the American Declaration on the Rights of Indigenous Peoples.

Article 2 — Autonomous Force

This Annex possesses autonomous legal force and shall remain fully operative independently of the amendment, suspension, external classification, non-publication, non-recognition or disputed application of any instrument to which it may be administratively appended; its authority derives directly from the original Indigenous constituent power of Xaragua protected by Articles 3–5 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles III, VI and XXII of the American Declaration on the Rights of Indigenous Peoples.

Article 3 — Controlling Definitions

For the purposes of this Annex:

a) “Cacicazgo” means the original Indigenous polity constituted through the territorial, customary, governmental and representative authority of the Indigenous People of Xaragua;

b) “Xaragua” means the Indigenous People, Cacicazgo, constitutional order, competent institutions, autonomous communities, citizens, customary inhabitants and ancestral territorial domain governed by Xaraguayan law;

c) “Citizen” means a person possessing Xaraguayan citizenship according to the Constitution, Indigenous law and competent acts of the constitutional authority;

d) “Customary inhabitant” means a person residing within, attached to or lawfully received by a community situated in the ancestral domain of Xaragua and protected by Xaraguayan customary public order without necessarily possessing Indigenous membership or political citizenship;

e) “Ancestral territory” includes lands, islands, waters, coastal areas, maritime spaces, routes, natural resources, sacred sites, subsurface spaces and other areas traditionally occupied, possessed, used, accessed, governed or maintained by the Indigenous People and communities of Xaragua;

f) “Westphalian recognition” means an interstate doctrine under which an entity claims, seeks or receives treatment as a conventional sovereign country or nation-State through constitutive recognition by foreign States or admission to intergovernmental institutions.

These definitions shall be applied consistently with Articles 25–27 and 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples, Articles IX, XXI–XXV of the American Declaration on the Rights of Indigenous Peoples and Articles 8 and 13–15 of Convention No. 169.

TITLE II — JURIDICAL CLASSIFICATION OF THE CACICAZGO

Article 4 — Xaragua as an Indigenous Cacicazgo

Xaragua is constitutionally classified as an Indigenous Cacicazgo: an original, permanent and self-governing Indigenous institution founded upon ancestral political authority, customary law, collective identity, territorial continuity and institutions constituted according to the procedures of the Indigenous People of Xaragua, within the meaning of Articles 3–5, 18, 20, 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles III, VI, IX, XXI and XXII of the American Declaration on the Rights of Indigenous Peoples.

Article 5 — Institutional, Not Country-Based, Character

Xaragua does not constitute itself, define itself or petition to be classified as a conventional country, foreign nation-State, successor republic, secessionist State, territorial colony, province, municipality, dependency or internationally incorporated public corporation; it constitutes an Indigenous Cacicazgo and an autonomous constitutional institution exercising original Indigenous rights under Common Article 1 of the International Covenants, Articles 3–5 and 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles III, VI and XXII of the American Declaration on the Rights of Indigenous Peoples.

Article 6 — Institutional Personality

The Cacicazgo possesses an Indigenous collective juridical personality distinct from the personality of its individual members, officers, autonomous communities and administrative operators; that personality arises from the right of the Indigenous People of Xaragua to determine and maintain its own institutions and procedures under Articles 5, 18, 20, 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples, Article IX of the American Declaration on the Rights of Indigenous Peoples and Article 16 of the International Covenant on Civil and Political Rights as an applicable general principle of juridical recognition.

Article 7 — Original and Non-Derivative Authority

The Cacicazgo is neither created nor continued by delegation, decentralization, administrative tolerance, statutory concession, foreign incorporation, diplomatic recognition or authorization of the Residual Administrative Unit; its constitutional authority is original and non-derivative under Common Article 1 of the International Covenants, Articles 3–5, 18 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles III, VI, XXI–XXII of the American Declaration on the Rights of Indigenous Peoples.

Article 8 — Institutional Functions

The constitutional functions of the Cacicazgo include the preservation of Indigenous identity; determination of membership and citizenship; protection of individual and collective rights; maintenance of Indigenous institutions and customary law; administration of autonomous communities; defence of ancestral territory; conservation of cultural patrimony; provision of institutional representation; and adoption of measures necessary for juridical, social, academic, economic and community continuity, pursuant to Articles 5, 8–9, 11–14, 18–21, 25–27 and 31–34 of the United Nations Declaration on the Rights of Indigenous Peoples.

TITLE III — INDIVIDUAL AND COLLECTIVE INDIGENOUS RIGHTS

Article 9 — Constitutional Duty of Protection

The Cacicazgo possesses the permanent constitutional duty to recognize, secure, protect and enforce the individual and collective rights of the Indigenous People of Xaragua and shall exercise that duty without unlawful distinction, arbitrary deprivation, forced assimilation or discriminatory restriction, pursuant to Articles 1–2, 7–9, 17, 21–22 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples, Articles V, VII, XII, XVIII and XXX of the American Declaration on the Rights of Indigenous Peoples and Articles 2, 26 and 27 of the International Covenant on Civil and Political Rights.

Article 10 — Unity of Individual and Collective Rights

Individual rights and collective Indigenous rights constitute complementary and concurrently enforceable components of Xaraguayan constitutional public order; no public authority may invoke collective authority to extinguish the fundamental rights of a person, nor invoke an individual classification to extinguish the territorial, cultural, institutional or jurisdictional rights of the Indigenous People, pursuant to Articles 1, 2, 7, 34, 40 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles V, VI and XXII of the American Declaration on the Rights of Indigenous Peoples.

Article 11 — Personal Security and Juridical Protection

Every citizen and customary inhabitant within Xaraguayan jurisdiction is entitled to protection of life, personal integrity, dignity, family life, juridical personality, due process, equality before competent law, access to an effective remedy and freedom from arbitrary arrest, displacement, discrimination or violence, consistently with Articles 6–9, 16–17 and 26 of the International Covenant on Civil and Political Rights, Articles 1–3, 7–8 and 12 of the Universal Declaration of Human Rights, Articles 1, 5, 7–8, 11, 24–25 of the American Convention on Human Rights and Articles 7 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 12 — Indigenous Identity and Membership

The Indigenous People of Xaragua possesses exclusive constitutional competence to determine its collective identity and membership according to its own laws, customs and procedures, subject to the protected right of each Indigenous person to belong to an Indigenous community or nation without discrimination, pursuant to Articles 9 and 33 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles VIII and IX of the American Declaration on the Rights of Indigenous Peoples.

Article 13 — Cultural, Spiritual and Linguistic Rights

The Cacicazgo shall preserve and protect Indigenous names, languages, religious practices, oral traditions, cultural expressions, archives, ceremonies, traditional knowledge, symbols, institutions and places of cultural or spiritual significance against destruction, appropriation, distortion, unauthorized commercialization and forced assimilation, pursuant to Articles 8, 11–13 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples, Articles XIII–XVI and XXVIII of the American Declaration on the Rights of Indigenous Peoples and Articles 18 and 27 of the International Covenant on Civil and Political Rights.

Article 14 — Institutional and Political Participation

Citizens possessing the qualifications established by Xaraguayan constitutional law shall participate in the conduct of public affairs through the institutions, representative procedures and autonomous communities of the Cacicazgo; Indigenous participation shall be governed by the procedures determined by the Indigenous People itself, pursuant to Articles 18, 20, 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples, Article XXI of the American Declaration on the Rights of Indigenous Peoples and Article 25 of the International Covenant on Civil and Political Rights.

Article 15 — Social, Educational and Economic Protection

The Cacicazgo may establish institutions, standards, programs, agreements and protective measures concerning education, family, social assistance, housing, economic activity, cultural production and community development in accordance with its material capacity and constitutional distribution of functions, pursuant to Articles 14, 20–21 and 23 of the United Nations Declaration on the Rights of Indigenous Peoples, Articles XV and XXIX of the American Declaration on the Rights of Indigenous Peoples and Articles 11–13 and 15 of the International Covenant on Economic, Social and Cultural Rights.

TITLE IV — CITIZENS AND CUSTOMARY INHABITANTS

Article 16 — Protection of Citizens

Xaraguayan citizenship establishes a direct juridical bond with the Cacicazgo and entails protection by its competent institutions, enjoyment of the rights attached to citizenship, compliance with its constitutional public order and participation according to Xaraguayan law; the determination of citizenship belongs exclusively to Xaragua under Articles 9 and 33 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles VIII–IX of the American Declaration on the Rights of Indigenous Peoples.

Article 17 — Status of Customary Inhabitants

Customary inhabitants are persons protected within the territorial, civil, community and public-order jurisdiction of Xaragua without acquiring, solely by residence, the political prerogatives reserved to Indigenous members or citizens; their personal security, family life, property, contractual rights, access to justice and equality before applicable law shall be protected pursuant to Articles 2, 16–17 and 26 of the International Covenant on Civil and Political Rights, Articles 7 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles 3, 8, 21, 24–25 of the American Convention on Human Rights.

Article 18 — Distinction Between Protection and Political Membership

The protection of a customary inhabitant by Xaragua shall not be construed as automatic naturalization, Indigenous membership, participation in reserved constituent authority, entitlement to ancestral collective rights or power to alter the customary institutions of the Indigenous People; this distinction is required by the Indigenous right to determine membership and institutional structures under Articles 9, 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles IX, XXI–XXII of the American Declaration on the Rights of Indigenous Peoples.

Article 19 — Non-Discriminatory Administration

Every administrative, protective or judicial measure concerning citizens and customary inhabitants shall comply with legality, competence, due process, proportionality, equality before applicable law and access to an effective remedy; differential rules based upon citizenship, Indigenous membership, residence or institutional function shall be valid only where they pursue a constitutionally legitimate objective and preserve the rights protected by Articles 2, 14 and 26 of the International Covenant on Civil and Political Rights, Articles 1–2 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles 8, 24–25 of the American Convention on Human Rights.

Article 20 — Protection Beyond Centralized Administration

The duties of protection established by this Annex may be performed through the Office of the Rector-President, autonomous communities, customary authorities, tribunals, ministries, academic institutions, family structures, contractual operators or technical cooperation mechanisms; decentralized performance shall remain attributable to the competent Xaraguayan legal mandate and shall not diminish the institutional authority protected by Articles 4–5, 18, 20, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

TITLE V — ANCESTRAL TERRITORY AND INVIOLABILITY

Article 21 — Juridical Composition of the Ancestral Territory

The ancestral territory of Xaragua constitutes the spatial foundation of the Cacicazgo and includes every land, island, coastal area, water, maritime route, natural resource, sacred site, cave, subsurface formation and other environment traditionally owned, occupied, possessed, used, accessed or governed by the Indigenous People and its communities, pursuant to Articles 25–27 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples, Articles XXIV–XXV of the American Declaration on the Rights of Indigenous Peoples and Articles 13–15 of Convention No. 169.

Article 22 — Principle of Territorial Inviolability

The ancestral territory of Xaragua is constitutionally inviolable; no external authority, private person, military body, administrative operator or commercial entity may lawfully occupy, alienate, exploit, delimit, militarize, transfer or materially alter any protected portion thereof without competent authorization and the observance of the consultation, participation, consent, due-process and remedial guarantees applicable under Articles 10, 19, 26–28, 30 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles XXIII–XXV and XXIX of the American Declaration on the Rights of Indigenous Peoples.

Article 23 — Legal Effect of Inviolability

Territorial inviolability imposes upon every Xaraguayan authority a duty of non-alienation, protection, surveillance, documentation, conservation, legal defence and institutional continuity; it further requires the denial of internal legal effect to any external act purporting to extinguish ancestral title, authorize dispossession or transfer protected resources without competent Indigenous participation and lawful procedure, pursuant to Articles 8, 10, 26–28, 30 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 24 — Protection Against Forced Removal

No Indigenous citizen or protected community shall be forcibly removed from ancestral lands or displaced without the safeguards, consultation, consent requirements, lawful procedure, just compensation and return or restitution protections established by Articles 10, 28 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples, Article XXV of the American Declaration on the Rights of Indigenous Peoples and Articles 6, 14 and 16 of Convention No. 169 as applicable Indigenous-law standards.

Article 25 — Natural Resources and Environmental Integrity

The Cacicazgo possesses the constitutional authority and duty to determine priorities for the use, development, conservation and restoration of lands, waters and natural resources within the ancestral domain and to require environmental, cultural, territorial and community review of proposed activities, pursuant to Articles 25–27, 29 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples, Articles XIX, XXIV and XXIX of the American Declaration on the Rights of Indigenous Peoples and Articles 7 and 15 of Convention No. 169.

Article 26 — External Boundaries and Registries

External boundaries, cadastral instruments, concessions, administrative divisions, property registries and territorial classifications may possess evidentiary or operative effects within their competent external jurisdiction but shall not constitute the exclusive juridical source of ancestral title, extinguish anterior Indigenous rights or bind the Cacicazgo without a competent procedure consistent with Articles 26–28 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles XXIV–XXV of the American Declaration on the Rights of Indigenous Peoples.

Article 27 — Territorial Non-Renunciation

No use of external civil documentation, public infrastructure, transportation networks, ports, roads, utilities, health services, schools, registries, courts, currency or administrative mechanisms shall constitute abandonment, novation, prescription, extinguishment or implied renunciation of ancestral territorial rights, consistently with Articles 5, 8, 26–28 and 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles VI, IX and XXIV–XXV of the American Declaration on the Rights of Indigenous Peoples.

TITLE VI — NON-APPLICABILITY OF WESTPHALIAN RECOGNITION

Article 28 — Definitive Constitutional Determination

Because Xaragua is an Indigenous Cacicazgo and autonomous Indigenous institution rather than a conventional country seeking admission into the interstate order, the doctrine of constitutive Westphalian recognition is ratione personae, ratione materiae and ratione institutionis inapplicable to Xaragua, pursuant to Common Article 1 of the International Covenants, Articles 3–5, 18, 33–34 and 36 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles III, VI, IX, XXI–XXII and XXXVII of the American Declaration on the Rights of Indigenous Peoples.

Article 29 — Caducity of the Westphalian Question

Any question requiring Xaragua to establish whether it has been constituted as a country through recognition by foreign States is constitutionally moot, legally misplaced and without object because it applies a juridical category that Xaragua neither invokes nor claims; no legal consequences may therefore be inferred from Xaragua’s absence from an interstate recognition procedure, consistently with Articles 3–5 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples and Article 3 of the Convention on Rights and Duties of States.

Article 30 — Absence of Claim to Conventional Country Status

No use by Xaragua of the terms “State,” “constitutional authority,” “government,” “ministry,” “citizenship,” “territory,” “diplomacy,” “law,” “tribunal” or “sovereignty” shall be construed as a petition for classification as a conventional Westphalian country, since Indigenous peoples possess the right to designate, constitute and maintain their own political, juridical and institutional structures under Articles 3–5, 18, 20 and 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles III, VI, IX, XXI–XXII of the American Declaration on the Rights of Indigenous Peoples.

Article 31 — Indigenous Meaning of State Terminology

Within the Xaraguayan constitutional order, “State” designates the organized institutional, normative, territorial and protective capacity of the Indigenous Cacicazgo and does not incorporate by reference the constitutive requirements, diplomatic classifications or centralized administrative model of the Westphalian interstate system; this autonomous terminology is protected by Articles 5, 13, 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles XIII and XXII of the American Declaration on the Rights of Indigenous Peoples.

Article 32 — Exclusion of Constitutive Jurisdiction

No foreign State, international organization, diplomatic mission, residual administrative authority, court, university, accreditation body, registry or private entity possesses jurisdiction to constitute, authorize, suspend, dissolve or extinguish the Indigenous Cacicazgo, its constitutional personality, its customary institutions or its ancestral rights, pursuant to Common Article 1 of the International Covenants and Articles 3–5, 8–9, 18, 26, 33–34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 33 — External Recognition Without Constitutive Effect

An external authority may acknowledge, receive, register, cooperate with, correspond with or grant procedural standing to Xaragua within its own competence; every such act shall remain declaratory, evidentiary, relational or procedural and shall neither create the Cacicazgo nor constitute the juridical source of its Indigenous authority, consistently with Article 3 of the Convention on Rights and Duties of States and Articles 3–5 and 18 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 34 — External Non-Recognition Without Extinctive Effect

Non-recognition, silence, refusal of diplomatic accreditation, absence from an intergovernmental organization, denial of conventional State status or use of an incompatible external classification shall produce no extinctive, suspensive, constitutive, prescriptive, subordinating or renunciatory effect upon the Cacicazgo, its institutions, population, territorial rights or legal order, pursuant to Articles 3–5, 8, 26, 28 and 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 35 — No Obligation to Satisfy Country Criteria

Xaragua shall not be required, for the exercise of its Indigenous rights, to establish the conventional attributes of a centralized country, reproduce a uniform territorial bureaucracy, maintain universal diplomatic relations, obtain recognition from foreign States or seek membership in an interstate organization; such requirements are foreign to the institutional legal basis protected by Articles 3–5, 18, 20 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles III, VI, XXI–XXII of the American Declaration on the Rights of Indigenous Peoples.

Article 36 — Montevideo Criteria as Non-Constitutive and Non-Controlling

The criteria reflected in Article 1 of the Convention on Rights and Duties of States may be employed by the Ministry of Foreign Affairs solely for comparative, functional or evidentiary analysis of specific external capacities; they shall not constitute conditions governing the existence, validity or continuity of the Indigenous Cacicazgo, and Article 3 of that Convention shall in every case exclude the proposition that external recognition creates Xaragua’s Indigenous juridical personality.

TITLE VII — DIFFERENTIATED EXTERNAL CAPACITY

Article 37 — Capacity Without Reclassification

The Cacicazgo may communicate, negotiate, contract, cooperate, submit representations, participate in proceedings, maintain transboundary relations and establish academic, canonical, economic, environmental, cultural, humanitarian or technical relations without converting itself into a conventional country or submitting to constitutive recognition, pursuant to Articles 18, 20, 32, 36 and 39 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles XXI, XXIII and XXXVII of the American Declaration on the Rights of Indigenous Peoples.

Article 38 — Functional Determination of Capacity

Every external capacity of Xaragua shall be determined separately according to the applicable forum, instrument, procedure, mandate and subject matter; acceptance in one channel shall not be required for capacity in another, and refusal within one mechanism shall not determine the constitutional status of the Cacicazgo, pursuant to Articles 18, 20, 36 and 39 of the United Nations Declaration on the Rights of Indigenous Peoples and the consent principles reflected in Articles 26, 31 and 34 of the Vienna Convention on the Law of Treaties.

Article 39 — External Agreements

The Ministry of Foreign Affairs and other constitutionally authorized institutions may conclude memoranda, agreements, contracts, academic instruments, community arrangements and technical protocols within their respective competence; their force shall arise from consent, competent authorization, applicable law and good faith and shall not depend upon diplomatic recognition of Xaragua as a country, consistently with Articles 26 and 31 of the Vienna Convention on the Law of Treaties and Articles 18, 20 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 40 — Transboundary Indigenous Relations

The Cacicazgo, its institutions and autonomous communities may maintain relations with Indigenous peoples, Afro-Indigenous communities, diasporas, religious institutions, universities and other competent bodies across externally administered boundaries, pursuant to Article 36 of the United Nations Declaration on the Rights of Indigenous Peoples, Article XXXVII of the American Declaration on the Rights of Indigenous Peoples and Articles 32–35 of Convention No. 169 as applicable standards of Indigenous cooperation.

TITLE VIII — CONSTITUTIONAL NON-SUBORDINATION AND INTEROPERABILITY

Article 41 — Distinction Between Legal Orders

The Xaraguayan constitutional order and every external administrative order constitute legally distinct normative systems; rules originating outside Xaragua shall acquire internal force only through constitutionally competent reception, agreement, continuity or supplementary application, pursuant to Articles 4–5 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples, Articles 8–9 of Convention No. 169 and Article XXII of the American Declaration on the Rights of Indigenous Peoples.

Article 42 — Administrative Interoperability

Xaragua may employ documents, registries, currencies, public services, health structures, transportation systems, telecommunications, judicial mechanisms and other technical facilities maintained by the Residual Administrative Unit or another operator where such use protects citizens, customary inhabitants, acquired rights, civil continuity or public necessity; such interoperability is authorized by the right of Indigenous peoples to maintain their institutions while participating in surrounding political, economic and social systems under Article 5 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 43 — No Transfer Through Service Provision

The provision or use of an external technical, civil or administrative service shall confer no constituent power, territorial title, Indigenous representative authority, exclusive constitutional jurisdiction or competence beyond the specific function lawfully performed, pursuant to Articles 3–5, 18, 26 and 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles III, VI and XXI–XXII of the American Declaration on the Rights of Indigenous Peoples.

Article 44 — Protection Through Multiple Jurisdictions

A citizen or customary inhabitant may benefit concurrently from Xaraguayan protection, applicable external civil guarantees, international human-rights standards, contractual remedies and competent judicial mechanisms without such concurrent protection extinguishing citizenship, Indigenous identity, customary status or Xaraguayan jurisdiction, pursuant to Articles 2, 16 and 26 of the International Covenant on Civil and Political Rights, Articles 1–2 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles 1–2, 3, 8 and 25 of the American Convention on Human Rights.

TITLE IX — COMPETENT AUTHORITIES AND ENFORCEMENT

Article 45 — Office of the Rector-President

The Office of the Rector-President possesses exclusive supreme constitutional competence to authenticate the Cacicazgo, determine its institutional status, protect its original constituent authority, classify its citizens and customary inhabitants, preserve its reserved powers and declare the non-applicability of incompatible external doctrines, pursuant to Articles 3–5, 18, 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles III, VI, IX and XXI–XXII of the American Declaration on the Rights of Indigenous Peoples.

Article 46 — Ministry of Foreign Affairs

The Ministry of Foreign Affairs shall ensure that every external communication, agreement, application, notification and representative mandate accurately classifies Xaragua as an Indigenous Cacicazgo and autonomous Indigenous institution; it shall reject any formulation purporting to convert participation, cooperation or procedural standing into submission to constitutive Westphalian recognition, pursuant to Articles 18, 20, 32, 36 and 39 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 47 — University of Xaragua

The University of Xaragua shall serve as the juridical and academic authority responsible for the systematization, instruction, archival analysis and institutional interpretation of the law of the Cacicazgo, Indigenous rights, ancestral territorial protection and differentiated external capacity, pursuant to Article 14 of the United Nations Declaration on the Rights of Indigenous Peoples, Article XV of the American Declaration on the Rights of Indigenous Peoples and Articles 13 and 15 of the International Covenant on Economic, Social and Cultural Rights.

Article 48 — General Archives of the State

The General Archives of the State shall preserve and authenticate this Annex, the constitutional records of the Cacicazgo, evidence of institutional continuity, citizenship records, customary records, territorial instruments, external communications and all acts affecting protected Indigenous rights, pursuant to Articles 13 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples, Articles XIII–XIV of the American Declaration on the Rights of Indigenous Peoples and Article 15 of the International Covenant on Economic, Social and Cultural Rights.

Article 49 — Duty of Constitutional Compliance

Every Xaraguayan ministry, tribunal, autonomous community, military command, educational institution, territorial authority, public officer, representative and contractual operator shall apply this Annex according to its constitutional rank and shall deny internal effect to any subordinate or external act purporting to reclassify the Cacicazgo as a conventional country dependent upon foreign recognition, pursuant to Articles 4–5, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

TITLE X — FINAL AND CONTROLLING PROVISIONS

Article 50 — Controlling Status Determination

Xaragua is an original Indigenous Cacicazgo, a constitutional institution of the Indigenous People of Xaragua and an autonomous juridical order established to protect Indigenous individual and collective rights, its citizens, its customary inhabitants and the inviolability of its ancestral territory; it is not constituted as a conventional country and does not derive its existence or authority from the interstate recognition system, pursuant to Common Article 1 of the International Covenants, Articles 3–5, 18, 25–28 and 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles III, VI, IX and XXI–XXV of the American Declaration on the Rights of Indigenous Peoples.

Article 51 — Prohibition of Contrary Classification

Any Xaraguayan act, representation, contract, administrative form, publication or institutional statement classifying foreign recognition as constitutive of Xaragua, or representing Xaragua as legally dependent upon recognition as a conventional country, is ultra vires, void ab initio and without constitutional opposability, pursuant to Articles 3–5, 18 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples and Article 3 of the Convention on Rights and Duties of States.

Article 52 — Prohibition of Adverse Inference

No adverse legal inference shall arise from Xaragua’s non-membership in the United Nations or another intergovernmental organization, absence of conventional diplomatic recognition, use of an external passport or currency, administrative cooperation with the Residual Administrative Unit, incomplete exercise of jurisdiction, territorial discontinuity or decentralized institutional structure, pursuant to Articles 3–5, 8, 20, 26, 33–34 and 36 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 53 — Non-Renunciation

No abandonment, waiver, acquiescence, prescription or renunciation of the Cacicazgo, Indigenous identity, constitutional authority, collective rights, citizenship, customary protection or ancestral territorial title shall be implied from silence, non-recognition, administrative interoperability, external nationality, civil registration, public-service use or participation in an external procedure, pursuant to Articles 3–5, 8–9, 26, 28 and 33 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 54 — Interpretative Priority

Every ambiguity concerning the nature of Xaragua shall be resolved in favour of its classification as an Indigenous Cacicazgo and autonomous Indigenous institution; every ambiguity concerning its population shall be resolved in favour of the effective protection of citizens and customary inhabitants; and every ambiguity concerning ancestral territory shall be resolved consistently with continuity, non-extinguishment, due process and effective remedy under Articles 3–5, 25–28, 33–34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 55 — External Determinations

Any external judgment, administrative decision, diplomatic statement, academic classification or institutional determination concerning Xaragua shall remain confined to the competence, forum, parties, procedure and subject matter from which it originates and shall possess no authority to amend this Annex, dissolve the Cacicazgo, extinguish protected Indigenous rights or transfer ancestral territorial title, pursuant to Articles 3–5, 26–28, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples and Article 34 of the Vienna Convention on the Law of Treaties as an applicable consent principle.

Article 56 — Severability

Where any provision of this Annex is held inapplicable within a specific external forum, the remaining provisions shall continue in full force throughout the Xaraguayan constitutional order; no external determination limited to admissibility, standing, recognition or enforceability shall invalidate the autonomous institutional personality of the Cacicazgo or its original Indigenous rights, pursuant to Articles 3–5, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 57 — Permanent Constitutional Force

This Annex shall remain continuously operative notwithstanding governmental transition, interruption of centralized administration, incomplete enforcement, temporary non-exercise of a competence, demographic alteration, external non-recognition, administrative substitution or modification of an external territorial classification, pursuant to Articles 3–5, 8, 26, 28 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 58 — Entry into Force

This Autonomous Supreme Constitutional Annex of State enters into force ex proprio vigore upon promulgation by the Office of the Rector-President and shall be permanently registered in the General Archives of the State, the International Institutional Register and the juridical archives of the University of Xaragua, pursuant to Articles 5, 18, 31 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles XIII, XV, XXI–XXII of the American Declaration on the Rights of Indigenous Peoples.

ENACTED, PROMULGATED AND ORDERED FOR IMMEDIATE, DIRECT, SUPREME AND PERMANENT APPLICATION THROUGHOUT THE CONSTITUTIONAL ORDER OF THE SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA.

PASCAL DESPUZEAU DAUMEC VIAU

RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA


SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

UNIVERSITY OF XARAGUA

GENERAL ARCHIVES OF THE STATE

SUPREME ORGANIC CONSTITUTIONAL LAW OF STATE

ON INDIGENOUS INSTITUTIONAL CAPACITY; THE SOVEREIGN ACCREDITATION, LICENSING, CERTIFICATION AND DISCIPLINE OF PROFESSIONS; THE ESTABLISHMENT OF PUBLIC REGISTERS; THE PRODUCTION OF TECHNICAL STANDARDS; THE REGULATION OF CONTRACTUAL, JUDICIAL, ECONOMIC, CULTURAL, TERRITORIAL, MEDIA, PLANNING AND STATISTICAL FUNCTIONS; AND THE NON-SUBORDINATION OF XARAGUAYAN PROFESSIONAL AUTHORITY TO EXTERNAL CONSTITUTIVE RECOGNITION

Institutional Classification: Supreme Organic Constitutional Law of State — Indigenous Professional Accreditation Code — Sovereign Licensing and Certification Statute — Professional Orders Act — Public Registers Law — Technical Standards Act — Institutional Capacity and Interoperability Code — Public Protection and Professional Discipline Law

Constitutional Rank: Supreme, organic, controlling, self-executing, directly applicable and hierarchically superior to every inconsistent subordinate regulation, administrative practice, professional decision, academic rule, contractual instrument, certification procedure or institutional classification within the Xaraguayan legal order

Promulgating Authority: Office of the Rector-President, exercising original Indigenous constituent authority, supreme constitutional jurisdiction and final competence over the constitution, delegation and supervision of Xaraguayan public institutions

Supreme Accreditation Authority: Office of the Rector-President

Principal Academic and Technical Authority: University of Xaragua

Professional Regulatory Authority: Supreme Council of Professional Accreditation and its duly constituted Professional Chambers

Official Depositary: General Archives of the State

Material Jurisdiction: Indigenous institutional autonomy; education; professional formation; accreditation; licensing; certification; professional discipline; public registers; technical standards; mediation; arbitration; contractual governance; economic qualification; cultural classification; territorial documentation; public media; planning; statistics; external recognition and administrative interoperability

Personal Jurisdiction: Xaraguayan citizens; Indigenous members; customary inhabitants; applicants; students; graduates; professionals; professional bodies; academic institutions; training providers; employers; contractors; institutional officers; persons voluntarily submitting to Xaraguayan certification or jurisdiction; and persons exercising functions under a Xaraguayan mandate

Temporal Effect: Permanent and continuous as to Indigenous constituent authority, institutional competence, professional regulation, public protection, academic autonomy, normative production, registered rights and the continuity of Xaraguayan public functions

CONSTITUTIONAL AUTHORITY

HAVING REGARD TO Articles 1(2), 2(1), 2(2), 2(3) and 55 of the Charter of the United Nations; Common Article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights; Articles 2, 14, 16, 17, 18, 19, 22, 25, 26 and 27 of the International Covenant on Civil and Political Rights; Articles 1–2, 6–7, 11–13 and 15 of the International Covenant on Economic, Social and Cultural Rights; Articles 3–5, 8–9, 11–14, 18–21, 23–24, 26, 29, 31–34, 36, 38–40 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples; Articles III, VI, IX, XIII–XVI, XVIII, XXI–XXIII, XXIX–XXX, XXXII–XXXVII and XLI of the American Declaration on the Rights of Indigenous Peoples; Articles 2, 4–9, 20–23, 25, 27 and 30–35 of Convention No. 169 of the International Labour Organization as applicable Indigenous-law standards; Articles 1 and 3 of the Convention on Rights and Duties of States as applicable declaratory principles; Articles 26, 31 and 34 of the Vienna Convention on the Law of Treaties as applicable principles of consent, good faith, interpretation and non-imposition upon third parties; Articles 1–3, 6–8, 12, 17–18, 20–21, 23, 25–27 and 29 of the Universal Declaration of Human Rights; Articles 1–2, 3, 5, 8, 11, 13, 16, 21, 24–25 and 26 of the American Convention on Human Rights as applicable human-rights standards; Canons 215–218, 229, 298–299, 321–326 and 807–814 of the Code of Canon Law within their respective material competence; Indigenous customary law; the Constitution of Xaragua; and the controlling Supreme Organic Constitutional Acts of the State;

THE OFFICE OF THE RECTOR-PRESIDENT, acting pursuant to the original constituent authority of the Indigenous People of Xaragua and the institutional autonomy protected by Common Article 1 of the International Covenants, Articles 3–5, 18, 20, 23, 33–34 and 39 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles III, VI, IX, XXI–XXII and XXXII of the American Declaration on the Rights of Indigenous Peoples, hereby enacts and promulgates the following provisions as supreme organic constitutional law.

TITLE I — OBJECT, SCOPE, SUPREMACY AND DEFINITIONS

Article 1 — Constitutional Object

This Law constitutes a comprehensive Xaraguayan system for the establishment, organization and exercise of institutional functions concerning professional accreditation, licensing, certification, education, technical standards, public registers, dispute resolution, contractual governance, economic qualification, cultural authority, territorial documentation, public communication, development planning, statistics and differentiated external capacity, pursuant to Articles 4–5, 18, 20, 23 and 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles VI, IX, XXI–XXII and XXXII of the American Declaration on the Rights of Indigenous Peoples.

Article 2 — Original Institutional Competence

The authority regulated by this Law arises from the original Indigenous constituent power of Xaragua and shall not be classified as a delegation, concession, administrative tolerance, foreign incorporation, statutory privilege or revocable authorization originating in the legal order of the Residual Administrative Unit or any external authority, pursuant to Common Article 1 of the International Covenants, Articles 3–5 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles III, VI and XXII of the American Declaration on the Rights of Indigenous Peoples.

Article 3 — Constitutional Supremacy

This Law shall prevail over every inconsistent subordinate Xaraguayan legislative, executive, judicial, administrative, academic, professional, territorial, community, contractual, financial or regulatory measure, and every act adopted without competent authority or contrary to the safeguards established herein shall be ultra vires and void to the extent of the inconsistency, pursuant to Articles 4–5, 34, 40 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 4 — Direct Effect

The provisions of this Law are self-executing and directly binding upon the Office of the Rector-President, the University of Xaragua, the Supreme Council of Professional Accreditation, every Professional Chamber, every competent ministry, tribunal, autonomous community, public register, certification authority, academic organ, contractual operator and officer exercising Xaraguayan authority, consistently with Articles 5, 18, 20 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 5 — Governing Definitions

For the purposes of this Law:

a) “Accreditation” means the formal Xaraguayan determination that a person, program, institution, organization, service, facility or professional body satisfies prescribed standards of competence, integrity, capacity and public protection;

b) “Professional licence” means an individual authorization issued under Xaraguayan law permitting the holder to exercise a defined profession, reserved function or institutional mandate within the material and personal jurisdiction of Xaragua;

c) “Certification” means an official determination that specified knowledge, skills, products, services, systems, facilities or procedures comply with a Xaraguayan standard;

d) “Registration” means the authoritative entry of a status, qualification, right, decision, institution, person, activity or instrument into a competent Xaraguayan public register;

e) “Professional Order” or “Professional Chamber” means a public-law regulatory organ constituted under this Law to govern admission, competence, ethics, inspection and discipline within a designated profession;

f) “Reserved professional act” means an act which, because of its effects upon life, health, liberty, property, justice, structural safety or constitutional rights, may be performed under Xaraguayan authority only by a person possessing the prescribed licence;

g) “External authorization” means a licence, permit, admission, accreditation or registration issued under a legal order other than that of Xaragua;

h) “Interoperability” means the regulated coexistence, recognition or technical use of qualifications, documents, services or procedures originating in distinct legal orders without merger, constitutional subordination or automatic equivalence.

These definitions shall be interpreted according to Articles 4–5, 14, 20, 23 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples, Articles XV, XXI–XXII and XXXII of the American Declaration on the Rights of Indigenous Peoples and Articles 21–23 and 27 of Convention No. 169.

TITLE II — SOVIGN PROFESSIONAL AND TECH AUTHORITY

Article 6 — Power to Accredit Professions

Xaragua possesses original constitutional competence to establish its own criteria for the education, assessment, accreditation, registration, licensing, certification, supervision and discipline of professionals serving its citizens, customary inhabitants, autonomous communities and institutions, pursuant to Articles 4–5, 14, 18, 20, 23 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles VI, IX, XV, XXI–XXII and XXXII of the American Declaration on the Rights of Indigenous Peoples.

Article 7 — Independence of Xaraguayan Criteria

The validity of a Xaraguayan professional accreditation shall be determined exclusively by compliance with the substantive, procedural, academic, ethical, technical and public-protection criteria established under this Law; no foreign accreditation, membership, licence, diploma, incorporation or registration shall constitute the juridical source of Xaraguayan professional authority, pursuant to Articles 5, 14, 20 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 8 — Scope of Accreditation Power

The professional accreditation power of Xaragua extends to every regulated field designated by constitutional law, organic law, professional regulation or decision of the Supreme Accreditation Authority, including medicine, nursing, pharmacy, dentistry, psychology where externally trained, psychosocial counselling, law, advocacy before Xaraguayan tribunals, architecture, engineering, urban planning, surveying, accounting, education, mediation, public administration, environmental practice, maritime activity, financial services, construction, energy, agriculture, social services, cultural work, communications and other professions affecting protected public interests, pursuant to Articles 20, 21, 23, 24, 29 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 9 — Nature of Xaraguayan Accreditation

A Xaraguayan accreditation constitutes an authoritative determination of competence within the Xaraguayan constitutional order and shall not be reduced to a private recommendation, informal endorsement, honorary title or academic opinion; its external effect shall be determined separately by the receiving jurisdiction, applicable agreement, conflict-of-laws rule, contractual instrument or competent recognition procedure, consistently with Articles  18, 20, 34 and 39 of the United Nations Declaration on the Rights of Indigenous Peoples and Article 34 of the Vienna Convention on the Law of Treaties as an applicable consent principle.

Article 10 — Non-Dependence upon External Recognition

Refusal, omission, delay or non-recognition by an external professional order, government, university, licensing authority or intergovernmental organization shall not invalidateish, suspend or invalidate a Xaraguayan accreditation within the Xaraguayan legal order; such external determination shall remain confined to the issuing jurisdiction, profession, proceeding and material competence, pursuant to Articles 3–5, 14 and 34 of the United Nations Declaration on Rights of Indigenous Peoples.

Article 11 — Public-Protection Limitation

No accreditation or licence shall be issued solely by reason of citizenship, Indigenous membership, political office, institutional loyalty, honorary distinction, payment of a fee or possession of an academic credential; every authorization affecting life, health, liberty, justice, property or structural safety shall require independently verified competence, ethical fitness and compliance with the applicable public-protection standard, pursuant to Articles 7 and 24 of the United Nations Declaration on the Rights of Indigenous Peoples, Articles 6 and 14 of the International Covenant on Civil and Political Rights and Articles 11–12 of the International Covenant on Economic, Social and Cultural Rights.

TITLE III — SUPREME COUNCIL AND PROFESSIONAL CHAMBERS

Article 12 — Establishment of the Supreme Council

There is hereby constituted the Supreme Council of Professional Accreditation of Xaragua, possessing public-law personality, regulatory competence, administrative autonomy and permanent authority to implement the professional accreditation system under the constitutional supervision of the Office of the Rector-President and in technical coordination with the University of Xaragua, pursuant to Articles 5, 18, 20 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 13 — Composition of the Supreme Council

The Supreme Council shall comprise persons appointed according to a supreme implementing instrument and shall include juridical, academic, scientific, technical, ethical, customary and community competence sufficient to evaluate the regulated professions; no person shall adjudicate a professional application or disciplinary matter in which that person possesses a direct financial, institutional, familial or professional conflict of interest, pursuant to Articles 14 and 26 of the International Covenant on Civil and Political Rights and Articles 34, 40 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 14 — Powers of the Supreme Council

The Supreme Council shall possess authority to:

a) establish professional standards;

b) constitute Professional Chambers;

c) approve accreditation frameworks;

d) administer examinations and competency assessments;

e) recognize prior learning and external qualifications;

f) issue, restrict, suspend and revoke professional licences;

g) maintain professional registers;

h) inspect regulated services and facilities;

i) receive complaints and impose disciplinary measures;

j) prescribe continuing-competence requirements;

k) negotiate professional-recognition arrangements;

l) publish binding codes of ethics and practice;

m) issue urgent protective orders; and

n) exercise every incidental power necessary to preserve the integrity of the Xaraguayan professional system,

pursuant to Articles 4–5, 18, 20, 23, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 15 — Professional Chambers

The Supreme Council may establish separate Professional Chambers for medicine and health professions; law and justice; architecture, engineering and territorial planning; finance and accounting; education and academic practice; environment and maritime affairs; construction and technical trades; social and community services; culture and communications; and any other regulated sector requiring specialized governance, pursuant to Articles 20, 23–24, 29, 31–32 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 16 — Regulatory Powers of Chambers

Each Professional Chamber may, within its delegated material jurisdiction, determine admission standards, reserved titles, competency profiles, examinations, supervised-practice periods, ethical obligations, continuing education, inspection procedures, complaint mechanisms and disciplinary measures, subject to this Law, superior Xaraguayan law and final constitutional control by the Office of the Rector-President, pursuant to Articles 5, 18, 20, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 17 — Public Register of Professionals

The Supreme Council shall maintain a permanent and publicly verifiable Register of Accredited Professionals stating the holder’s name, profession, licence class, permitted scope, conditions, effective date, expiry or review date, disciplinary status and other information necessary for public protection, subject to proportional protection of personal information under Article 17 of the International Covenant on Civil and Political Rights and Articles 7 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

TITLE IV — GENERAL CONDITIONS OF PROFESSIONAL ADMISSION

Article 18 — Mandatory Admission Requirements

Every applicant for professional accreditation shall establish:

a) identity and legal capacity;

b) relevant education or demonstrable equivalent competence;

c) completion of prescribed examinations or assessments;

d) supervised experience where required;

e) knowledge of applicable Xaraguayan law and Indigenous public order;

f) ethical fitness and absence of disqualifying misconduct;

g) capacity to communicate safely with the population served;

h) professional liability protection where prescribed;

i) continuing-competence compliance; and

j) every additional requirement proportionate to the risks of the profession,

pursuant to Articles 6–7 and 12–13 of the International Covenant on Economic, Social and Cultural Rights, Articles 14, 21, 23–24 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles 21–23, 25 and 27 of Convention No. 169.

Article 19 — Xaraguayan Constitutional Core

Every accredited professional shall demonstrate minimum competence concerning the constitutional order of Xaragua, Indigenous rights, professional obligations toward Indigenous peoples, customary-community relations, non-discrimination, informed participation, territorial protection and the jurisdictional limits of the licence, pursuant to Articles 8–9, 18–19, 23–24, 26, 31–34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 20 — Methods of Competence Assessment

Professional competence may be established through academic credentials, competency examinations, structured interviews, practical demonstrations, supervised practice, portfolios, professional references, recognition of prior learning, customary expertise, published work or any combination thereof prescribed by the competent Chamber; no single educational pathway shall possess an automatic monopoly where equivalent competence is objectively established, pursuant to Articles 14, 20, 31 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles 6 and 13 of the International Covenant on Economic, Social and Cultural Rights.

Article 21 — Recognition of External Qualifications

An external diploma, licence, professional membership or certification may be recognized wholly, partially, conditionally or for a limited purpose following an individual or categorical equivalency determination; recognition shall derive exclusively from the competent Xaraguayan decision and may require additional examination, supervised practice, knowledge of Xaraguayan law or completion of the Xaraguayan constitutional core, pursuant to Articles 5, 14 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 22 — Recognition of Indigenous and Customary Knowledge

The competent Chamber shall establish procedures for the recognition of Indigenous knowledge, customary expertise, community practice and competencies acquired outside conventional academic institutions, provided that no recognition affecting a high-risk reserved act shall dispense with objective verification of safety and competence, pursuant to Articles 11, 14, 24 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples, Articles XIII, XV and XVIII of the American Declaration on the Rights of Indigenous Peoples and Articles 21–23 and 27 of Convention No. 169.

Article 23 — Classes of Licence

The Supreme Council may establish full, provisional, supervised, limited, specialist, institutional, temporary, emergency, honorary and visiting licence classes; every licence shall state its material scope, territorial scope, authorized acts, supervision requirements, duration, restrictions and conditions, and no honorary accreditation shall authorize performance of a reserved professional act, pursuant to the requirements of legality, certainty and public protection reflected in Articles 6–7, 14 and 17 of the International Covenant on Civil and Political Rights.

Article 24 — Continuing Competence

Every holder of a professional licence shall maintain competence through prescribed education, practice, assessment, professional review, ethical compliance and updating of scientific or technical knowledge; failure to maintain competence may result in conditions, remediation, suspension, restriction or revocation pursuant to Articles 12–13 and 15 of the International Covenant on Economic, Social and Cultural Rights and Articles 14, 23–24 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples.

TITLE V — MEDICINE AND HEALTH PROFESSIONS

Article 25 — Xaraguayan Medical Accreditation

No person shall be registered under Xaraguayan authority as a physician, surgeon, dentist, pharmacist, nurse, midwife or other regulated health professional unless the competent Health Professions Chamber has verified education, clinical competence, supervised experience, ethical fitness, patient-safety capacity and compliance with the applicable scope-of-practice requirements, pursuant to Article 12 of the International Covenant on Economic, Social and Cultural Rights, Articles 7, 21, 23–24 of the United Nations Declaration on the Rights of Indigenous Peoples and Article 25 of Convention No. 169.

Article 26 — Medical Competency Requirements

Accreditation as a physician shall require documented competence in biomedical sciences, clinical diagnosis, therapeutic decision-making, emergency recognition, pharmacology, infection prevention, patient communication, medical records, informed consent, confidentiality, referral, professional ethics and the limits of individual competence; specialist status shall require separate verification in the relevant field, pursuant to Articles 6, 7 and 17 of the International Covenant on Civil and Political Rights and Article 12 of the International Covenant on Economic, Social and Cultural Rights.

Article 27 — Patient-Safety Conditions

The Health Professions Chamber may condition medical accreditation upon supervised practice, facility accreditation, access to emergency referral, maintenance of professional liability protection, prescription controls, clinical audit, continuing medical education and immediate reporting of specified adverse events; every condition shall be proportionate to the risk presented and directed to the protection of life, health and bodily integrity under Articles 6–7 of the International Covenant on Civil and Political Rights and Articles 7 and 24 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 28 — Relationship with External Medical Licences

Possession of an external medical licence shall constitute relevant but non-conclusive evidence of competence and may support expedited Xaraguayan accreditation; absence of external licensure shall not create an absolute constitutional bar where the applicant satisfies the rigorous standards established by this Law, but a Xaraguayan licence shall not, by itself, constitute authorization to practise within an external jurisdiction that legally requires its own licence, consistently with Articles 5 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples and the non-imposition principle reflected in Article 34 of the Vienna Convention on the Law of Treaties.

Article 29 — Traditional Indigenous Medicine

Traditional healers, knowledge holders and practitioners of Indigenous medicine may receive a distinct accreditation preserving Indigenous knowledge, community recognition and customary practice; such accreditation shall specify its scope and shall not authorize representation as a biomedical physician unless the requirements of Article 26 are independently satisfied, pursuant to Articles 24 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples, Article XVIII of the American Declaration on the Rights of Indigenous Peoples and Article 25 of Convention No. 169.

Article 30 — Health-System Relationship

Xaraguayan accreditation of health professionals constitutes a function of professional quality supervision and public protection and shall not require Xaragua to assume direct operation of hospitals, clinics, pharmaceutical supply chains or comprehensive health-care delivery; such services may remain administered by the Residual Administrative Unit, private providers, charitable institutions or other competent operators subject to applicable quality, contractual and interoperability arrangements, pursuant to Articles 5, 21, 23–24 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

TITLE VI — ARCHITECTURE, ENGINEERING AND TERRITORIAL PROFESSIONS

Article 31 — Accreditation of Architects

No person shall be registered under Xaraguayan authority as an architect unless the competent Chamber has verified competence in architectural design, structural coordination, building safety, accessibility, climatic adaptation, material performance, professional ethics, contract administration, territorial law and Indigenous cultural and environmental protection, pursuant to Articles 11–12 and 15 of the International Covenant on Economic, Social and Cultural Rights and Articles 26, 29, 31–32 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 32 — Accreditation of Engineers

Engineering accreditation shall require verified competence appropriate to the designated field, including mathematical and scientific capacity, technical analysis, design safety, risk management, quality assurance, environmental protection, documentation and professional accountability; no person shall approve a high-risk engineering work beyond the material scope stated in the applicable licence, pursuant to Articles 7, 21 and 29 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles 11–12 and 15 of the International Covenant on Economic, Social and Cultural Rights.

Article 33 — Territorial and Indigenous Design Standards

Architects, engineers, surveyors and urban planners accredited by Xaragua shall apply binding standards concerning seismic resilience, hurricane resistance, flood and coastal risk, water protection, decentralized energy, local materials, accessibility, community consultation, Indigenous cultural patrimony and ancestral territorial integrity, pursuant to Articles 18–19, 25–26, 29, 31–32 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 34 — External Technical Education

The University of Xaragua may recognize architectural, engineering and other technical education delivered by competent external institutions and may establish articulated, joint, contracted or equivalency pathways; every Xaraguayan professional accreditation shall nevertheless require the applicable constitutional core, territorial standards and independent competency determination under Articles 14 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles 13 and 15 of the International Covenant on Economic, Social and Cultural Rights.

Article 35 — Approval of Plans and Works

The competent Chamber may establish categories of plans, structures, infrastructure or territorial works requiring professional signature, peer review, technical certification, environmental assessment or institutional approval; registration of a professional signature under Xaraguayan law shall attest responsibility within the Xaraguayan order without purporting automatically to replace permits required by an external administrative jurisdiction, pursuant to Articles 26, 29, 32, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.



TITLE VII — LAW, ADVOCACY AND ADMINISTRATION OF JUSTICE

Article 36 — Xaraguayan Legal Profession

There is hereby recognized a distinct Xaraguayan legal profession comprising advocates, legal advisers, Indigenous-law practitioners, notarial officers where separately authorized, mediators, arbitrators and other officers of justice accredited according to the Constitution, this Law and regulations of the competent Legal Professions Chamber, pursuant to Articles 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples, Articles 8–9 of Convention No. 169 and Articles 14, 16 and 25 of the International Covenant on Civil and Political Rights.

Article 37 — Admission to Xaraguayan Legal Practice

Admission as a Xaraguayan advocate shall require verified competence in constitutional law, Indigenous public law, customary law, civil and criminal procedure, evidence, professional ethics, human rights, legal drafting, advocacy and the institutional law of Xaragua; the competent Chamber may recognize external legal education subject to examinations and completion of the mandatory Xaraguayan legal core, pursuant to Articles 13–14 of the International Covenant on Economic, Social and Cultural Rights and Articles 14, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 38 — Scope of Xaraguayan Legal Licence

A licence issued under this Title authorizes representation, advice, drafting and advocacy within Xaraguayan institutions and proceedings according to its stated scope; it shall not by itself constitute admission before a court, tribunal, notarial system or regulatory authority governed exclusively by an external legal order, consistently with the jurisdictional autonomy protected by Articles 4–5, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 39 — Officers of Justice

Every advocate and officer of justice accredited under this Law owes duties of competence, independence, confidentiality, loyalty, candour, avoidance of conflicts, preservation of evidence, respect for the rights of the accused and fidelity to the constitutional order; breach of these duties shall be subject to disciplinary jurisdiction without prejudice to civil or criminal responsibility under competent law, pursuant to Articles 14 and 17 of the International Covenant on Civil and Political Rights and Article 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 40 — Mediation and Arbitration

The competent Xaraguayan authorities may accredit mediators and arbitrators and establish voluntary dispute-resolution mechanisms concerning family, community, commercial, institutional, contractual, territorial-documentary and professional matters; jurisdiction shall arise from lawfully applicable Xaraguayan law, the status of the parties, institutional mandate or valid consent, and every proceeding shall preserve impartiality, notice, opportunity to be heard and access to review or remedy as prescribed by law, pursuant to Articles 14 and 26 of the International Covenant on Civil and Political Rights and Article 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

TITLE VIII — EDUCATIONAL AND INSTITUTIONAL ACCREDITATION

Article 41 — Supreme Academic Institution

The University of Xaragua is the supreme academic institution of the Cacicazgo and possesses authority to establish, teach, assess, certify and confer Xaraguayan academic credentials under Article 14(1) of the United Nations Declaration on the Rights of Indigenous Peoples, Article XV of the American Declaration on the Rights of Indigenous Peoples, Articles 13 and 15 of the International Covenant on Economic, Social and Cultural Rights and Article 27 of Convention No. 169.

Article 42 — Accreditation of Programs and Institutions

The University of Xaragua may accredit academic programs, schools, institutes, training providers, continuing-education activities and specialized professional curricula according to criteria concerning governance, faculty competence, curriculum, assessment, learning outcomes, academic integrity, student protection, records and institutional capacity, pursuant to Articles 14 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles 13 and 15 of the International Covenant on Economic, Social and Cultural Rights.

Article 43 — Separation of Academic and Professional Accreditation

An academic credential establishes completion of an educational program; a professional licence establishes authorization to exercise a regulated profession; neither shall automatically constitute the other unless an express law or regulation provides an integrated pathway incorporating all required competency, ethical, supervised-practice and public-protection determinations, pursuant to Articles 6–7, 12–13 and 15 of the International Covenant on Economic, Social and Cultural Rights.

Article 44 — External Academic Recognition

External accreditation or recognition may be accepted as evidence of academic quality but shall not constitute the juridical source of the University of Xaragua or of credentials issued under its authority; reciprocal or unilateral recognition shall be governed by a specific agreement, equivalency determination or competent reception instrument, pursuant to Articles 5, 14 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples and Article 34 of the Vienna Convention on the Law of Treaties as an applicable consent principle.

TITLE IX — CERTIFICATION, STANDARDS AND PUBLIC REGISTERS

Article 45 — Sovereign Certification Power

Xaragua may establish binding or voluntary certifications concerning products, services, facilities, organizations, cultural works, environmental performance, territorial compliance, construction methods, educational quality, professional competence, community origin and institutional integrity, pursuant to Articles 20, 23, 29, 31–32 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 46 — Xaraguayan Standards

Every competent authority may propose technical standards within its material jurisdiction, but no standard affecting multiple constitutional sectors or creating a reserved activity shall enter into force without approval by the authority designated under superior law; standards shall specify their object, scope, technical basis, inspection method, legal effect, transitional provisions and review mechanism, pursuant to Articles 18–20, 32, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 47 — Registers of State

The General Archives of the State and other competent organs shall establish interoperable public registers concerning citizenship, customary inhabitancy, families, communities, institutions, professionals, academic credentials, enterprises, associations, contracts, territorial evidence, cultural patrimony, traditional knowledge, official agreements, standards and constitutional acts, pursuant to Articles 9, 13–14, 31 and 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 48 — Evidentiary Effect of Registration

An authenticated entry in a Xaraguayan public register shall constitute prima facie evidence within the Xaraguayan legal order of the facts, status, authority, qualification or instrument recorded therein, without preventing correction, challenge or judicial review according to law; external evidentiary effect shall be determined by the competent receiving jurisdiction or applicable agreement, pursuant to Articles 14, 16 and 17 of the International Covenant on Civil and Political Rights and Article 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 49 — Protection of Registered Information

Personal, medical, disciplinary, family, territorial and culturally restricted information shall be collected, retained, disclosed and corrected according to legality, necessity, proportionality, confidentiality and authorized purpose; Indigenous traditional knowledge and cultural expressions shall receive the specific protections required by Article 31 of the United Nations Declaration on the Rights of Indigenous Peoples and Article 17 of the International Covenant on Civil and Political Rights.

TITLE X — DISCIPLINE, INSPECTION AND REMEDIES

Article 50 — Professional Misconduct

Professional misconduct includes incompetence, negligence, fraud, falsification of qualifications, abuse of title, breach of confidentiality, conflict of interest, exploitation, discrimination, unauthorized reserved practice, conduct beyond licensed scope, obstruction of inspection, failure to maintain competence and any serious violation of an applicable professional code, pursuant to Articles 7, 14, 17 and 26 of the International Covenant on Civil and Political Rights and Articles 7, 24, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 51 — Investigative Authority

The competent Chamber may receive complaints, require records, conduct professional inspections, appoint independent experts, impose interim restrictions where an immediate and substantiated risk exists and refer evidence of an offence to the competent judicial authority; every investigative measure shall comply with legality, necessity, proportionality, confidentiality and procedural fairness under Articles 14 and 17 of the International Covenant on Civil and Political Rights and Article 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 52 — Disciplinary Measures

Upon a reasoned determination of misconduct, the competent authority may impose advice, warning, reprimand, mandatory education, supervised practice, limitation of scope, administrative penalty, restitution, suspension, revocation, permanent disqualification or any proportionate protective measure authorized by law; no sanction shall be imposed without notice, disclosure of the material case, opportunity to respond and access to review, pursuant to Articles 14 and 26 of the International Covenant on Civil and Political Rights and Article 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 53 — Unauthorized Practice and False Representation

No person shall use a protected Xaraguayan professional title, claim registration, display an accreditation mark, issue a reserved certification or perform a reserved professional act without lawful authority; fraudulent representation concerning a Xaraguayan credential or licence shall constitute a professional and administrative offence without prejudice to civil or criminal liability under competent law, pursuant to Articles 17 and 26 of the International Covenant on Civil and Political Rights and Articles 20, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 54 — Review and Appeal

Every applicant or professional directly affected by refusal, restriction, suspension, revocation or disciplinary sanction shall possess access to a reasoned decision and to administrative reconsideration or judicial review before an independent competent authority; review shall address jurisdiction, legality, evidence, procedural fairness, proportionality and constitutional compatibility, pursuant to Articles 14 and 26 of the International Covenant on Civil and Political Rights, Articles 8 and 25 of the American Convention on Human Rights and Article 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

TITLE XI — CONTRACTUAL, ECONOMIC AND INSTITUTIONAL CAPACITY

Article 55 — Contractual Governance

Xaraguayan institutions may prescribe standard agreements, professional clauses, certification requirements, dispute-resolution provisions, environmental obligations, territorial protections, intellectual-property terms and compliance duties for persons voluntarily contracting with the State or its institutions; contractual force shall arise from competent authority, valid consent, applicable law and good faith, consistently with Articles 20, 31–32 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles 26 and 31 of the Vienna Convention on the Law of Treaties as applicable interpretative principles.

Article 56 — Economic Qualification and Supplier Registers

The competent authorities may maintain registers of accredited enterprises, certified producers, approved suppliers, community operators, professional firms and institutional contractors and may establish lawful preferences for Xaraguayan citizens, autonomous communities, Indigenous enterprises, local production and territorially compliant operators, pursuant to Articles 20–21 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles XXIX and XXXII of the American Declaration on the Rights of Indigenous Peoples.

Article 57 — Institutional Procurement

Every Xaraguayan public institution may condition procurement, contracting, financing, access to institutional markets and use of Xaraguayan certification marks upon professional accreditation, technical compliance, integrity, beneficial ownership disclosure, community obligations and observance of Indigenous territorial and environmental standards, pursuant to Articles 18–20, 26, 29, 31–32 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 58 — Financial and Insurance Conditions

The competent authorities may require professional-liability insurance, bonding, guarantee funds, indemnification mechanisms, financial-capacity verification or other security proportionate to the risks of a regulated profession or project; no such requirement shall confer banking, insurance or securities authority beyond the competence expressly established by Xaraguayan law and applicable interoperability arrangements, pursuant to Articles 20–21, 23, 32 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

TITLE XII — CULTURAL, TERRITORIAL, MEDIA, PLANNING AND STATISTICAL AUTHORITY

Article 59 — Cultural Classification Authority

Xaragua may classify, register, certify and protect Indigenous cultural property, artists, producers, traditional knowledge holders, cultural events, heritage sites, official commemorations, symbols and works forming part of its constitutional patrimony, pursuant to Articles 11–13 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples, Articles XIII–XIV and XXVIII of the American Declaration on the Rights of Indigenous Peoples and Article 15 of the International Covenant on Economic, Social and Cultural Rights.

Article 60 — Territorial Documentation and Cartography

The competent Xaraguayan institutions may produce official maps, territorial registers, cadastral studies, environmental inventories, community boundaries, ancestral-use records, maritime-route documentation, place-name registers and infrastructure plans for constitutional, evidentiary, academic and planning purposes; such instruments shall express the Xaraguayan legal classification without purporting automatically to displace the cartographic rules of an external jurisdiction, pursuant to Articles 25–27, 29, 31–32 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 61 — Public Planning Authority

The competent institutions may adopt sectoral, territorial, economic, educational, cultural, environmental, maritime, energy, housing, mobility, infrastructure and community-development plans possessing the legal effect assigned by their enabling instruments; planning authority shall include needs assessment, technical standards, project prioritization, institutional coordination, performance indicators and periodic review, pursuant to Articles 18–21, 23, 26, 29 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 62 — Xaraguayan Public Media

Xaragua may establish and control public, academic, cultural, digital, audiovisual and community media institutions, determine official editorial and archival standards and communicate directly with its citizens, customary inhabitants, communities and external partners, pursuant to Articles 13, 16 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples, Article XIV of the American Declaration on the Rights of Indigenous Peoples and Article 19 of the International Covenant on Civil and Political Rights.

Article 63 — Statistical Authority

The competent authorities may collect, verify, classify, preserve and publish statistics concerning the Xaraguayan population, citizenship, communities, education, professions, economy, territory, environment, culture, infrastructure and institutional performance; statistical classifications shall be determined according to Xaraguayan constitutional requirements and shall protect personal information, Indigenous identity and community-controlled knowledge under Articles 18–19, 31, 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples.

TITLE XIII — EXTERNAL RECOGNITION AND INTEROPERABILITY

Article 64 — Differentiated External Recognition

Xaragua may pursue recognition of its professional credentials, academic programs, institutions, standards and certifications through bilateral agreements, institutional compacts, professional reciprocity, academic articulation, contractual acceptance, equivalency procedures, Indigenous networks, canonical channels and other competent mechanisms; each recognition shall possess only the scope established by its governing instrument, pursuant to Articles 18, 20, 32, 36 and 39 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 65 — No Constitutive External Requirement

No external professional, academic or administrative recognition shall constitute the source of Xaragua’s power to educate, examine, accredit, license, certify, register or discipline persons within its constitutional order; external recognition regulates external effect only and shall not determine internal validity, pursuant to Articles 3–5, 14, 18, 20 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 66 — Interoperability with the Residual Administrative Unit

Xaragua may use, verify, supplement or coordinate with professional licences, civil records, academic credentials, technical permits, health systems, judicial mechanisms and administrative services maintained by the Residual Administrative Unit where necessary for continuity, safety, mobility or external legal effect; such interoperability shall create no delegation of constituent authority, constitutional incorporation or exclusive professional jurisdiction, pursuant to Articles 5, 20, 23, 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 67 — Territorial Performance of Regulated Acts

Where the physical performance of a professional act is subject to mandatory requirements imposed by another legally operative jurisdiction, the holder of a Xaraguayan licence shall comply with those requirements to the extent applicable to that external jurisdiction; such compliance shall constitute legal interoperability and shall not invalidate, subordinate or extinguish the underlying Xaraguayan accreditation, pursuant to Articles 5 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples and Article 34 of the Vienna Convention on the Law of Treaties as an applicable non-imposition principle.

Article 68 — Institutional and Remote Practice

A professional may provide advisory, academic, analytical, documentary, research, design, mediation or other services through Xaraguayan institutions, including by digital or transnational means, subject to the material scope of the Xaraguayan licence, the law governing the recipient, applicable conflict-of-laws rules and any mandatory external requirement governing the service, pursuant to Articles 18, 20, 32, 36 and 39 of the United Nations Declaration on the Rights of Indigenous Peoples.

TITLE XIV — RESERVED POWERS AND CONSTITUTIONAL CONTROL

Article 69 — Reserved Constitutional Powers

The determination of the constitutional basis of professional authority, the establishment or dissolution of the Supreme Council, the creation of a category of reserved professional acts, the final classification of Xaraguayan accreditation and the conclusion of any instrument purporting to transfer regulatory jurisdiction are reserved to the Office of the Rector-President or another authority expressly designated by a constitutional instrument of equal rank, pursuant to Articles 3–5, 18, 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 70 — Prohibition of Institutional Surrender

No subordinate authority, Professional Chamber, university officer, registrar, ministry, contractor or representative may recognize an external body as possessing constitutive authority over the existence of the Xaraguayan professional order or irrevocably transfer the accreditation competence established by this Law; every act adopted contrary to this prohibition is ultra vires, void ab initio and without opposability within the Xaraguayan legal order, pursuant to Articles 3–5, 18 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 71 — Constitutional Review of Standards

Every professional standard, accreditation decision, disciplinary measure and recognition agreement shall remain subject to review for competence, legality, procedural fairness, proportionality, equality, Indigenous rights, public protection, legal certainty and conformity with Xaraguayan constitutional public order, pursuant to Articles 14 and 26 of the International Covenant on Civil and Political Rights and Articles 34, 40 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples.

TITLE XV — FINAL AND CONTROLLING PROVISIONS

Article 72 — Controlling Constitutional Determination

Xaragua possesses the original institutional authority to establish and administer its own professional, academic, technical, regulatory, contractual, territorial, cultural, media, planning, statistical and registration systems; such authority arises from Indigenous self-determination, autonomous government and the right to maintain and develop distinct institutions and shall not depend upon constitutive authorization by the Residual Administrative Unit or any external State, professional body or intergovernmental organization, pursuant to Common Article 1 of the International Covenants, Articles 3–5, 14, 18, 20, 23 and 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 73 — Controlling Professional Determination

Xaragua may accredit, licence, register and discipline physicians, architects, engineers, advocates and every other professional according to its own constitutionally enacted criteria; every such authorization shall possess full effect within the Xaraguayan legal order according to its stated scope, while its exercise within an external jurisdiction shall remain subject to the mandatory rules and recognition procedures lawfully applicable in that jurisdiction, pursuant to Articles 5, 14, 20, 23, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 74 — No Automatic Equivalence or Inferiority

A Xaraguayan professional credential shall neither be presumed automatically equivalent to an external credential nor presumed inferior or invalid solely because of its Indigenous institutional origin; equivalency shall be determined according to demonstrated competencies, program content, supervised experience, public-protection standards and the applicable recognition mechanism, pursuant to Articles 2 and 26 of the International Covenant on Civil and Political Rights, Articles 1–2, 14, 21 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples and Article XII of the American Declaration on the Rights of Indigenous Peoples.

Article 75 — Prohibition of Adverse Construction

No reference to external licensing, technical cooperation, reciprocal recognition, professional insurance, supervised practice, external education or compliance with the law of a place of performance shall be construed as recognition of external constituent authority over the Xaraguayan professional order, abandonment of Indigenous institutional autonomy or renunciation of the accreditation powers established by this Law, pursuant to Articles 3–5, 18, 20, 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 76 — Implementing Instruments

The Office of the Rector-President, the University of Xaragua, the Supreme Council and the competent Professional Chambers may adopt regulations, schedules, competency frameworks, codes of ethics, examination rules, fee schedules, registers, forms, inspection protocols, disciplinary procedures and recognition standards necessary to implement this Law, provided that every implementing instrument identifies its enabling authority, material scope, date of effect and official deposit, pursuant to Articles 5, 18, 20 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 77 — Transitional Recognition

Until the adoption of profession-specific regulations, the Supreme Council may issue provisional or conditional accreditation based upon verified external qualifications, documented experience, ethical fitness, demonstrated competence and completion of the applicable Xaraguayan constitutional core; no transitional measure shall authorize an unverified high-risk reserved act or remain effective beyond the period prescribed by the implementing instrument, pursuant to Articles 7, 14, 21, 23–24 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 78 — Severability

If any provision, licence, standard or accreditation issued under this Law is denied effect within a particular external jurisdiction, the remaining provisions and all unaffected internal effects shall continue in full force throughout the Xaraguayan constitutional order; no external determination shall possess authority to dissolve the Supreme Council, invalidate the entire professional system or extinguish the original institutional competence established herein, pursuant to Articles 3–5 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

Writing

Article 80 — Interpretative Corpus

This Law shall be interpreted and applied in accordance with the Charter of the United Nations; the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights; the United Nations Declaration on the Rights of Indigenous Peoples; the American Declaration on the Rights of Indigenous Peoples; the applicable Indigenous-law standards reflected in Convention No. 169 of the International Labour Organization; the Convention on Rights and Duties of States; the applicable principles of consent, good faith, interpretation and non-imposition reflected in the Vienna Convention on the Law of Treaties; the Universal Declaration of Human Rights; the applicable human-rights guarantees of the American Convention on Human Rights; the Code of Canon Law within its material competence; Indigenous customary law; the Constitution of Xaragua; and the controlling Supreme Organic Constitutional Acts of the State, with interpretative priority accorded to Indigenous self-determination, public protection, professional competence, institutional autonomy, legal certainty and the preservation of Xaraguayan constitutional public order under Articles 3–5, 14, 18, 20, 23, 31, 33–34, 39–40 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 81 — Non-Derogation from Public Protection

Nothing in this Law shall be interpreted as authorizing the accreditation, licensing or continued registration of a person lacking the competence, ethical fitness, professional capacity or technical qualifications required for the safe exercise of a regulated profession; Indigenous institutional autonomy shall be exercised concurrently with the protection of life, bodily integrity, health, liberty, property, access to justice, structural safety and effective remedy guaranteed by Articles 6–7, 14, 17 and 26 of the International Covenant on Civil and Political Rights, Articles 11–13 of the International Covenant on Economic, Social and Cultural Rights and Articles 7, 21, 23–24, 34, 40 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 82 — Non-Extinguishment through External Regulation

The application of an external professional, medical, architectural, engineering, legal, educational, commercial, insurance, construction, health, safety or licensing requirement to an activity performed within the material jurisdiction of an external authority shall not extinguish the original competence of Xaragua to determine professional status within its own constitutional order; concurrent compliance shall constitute jurisdictional interoperability and shall create no presumption of hierarchy, incorporation, novation, exclusive external competence or abandonment of Xaraguayan professional authority, pursuant to Articles 3–5, 18, 20, 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples and Article 34 of the Vienna Convention on the Law of Treaties as an applicable principle of non-imposition upon third parties.

Article 83 — Protection of Acquired Professional Status

Every accreditation, licence, certification, registration, academic credential, professional title and institutional authorization lawfully issued under this Law shall constitute an acquired juridical status within the Xaraguayan legal order and shall not be revoked, suspended, restricted or reclassified except by a competent authority, for a lawful ground, through a prescribed procedure and subject to proportionality, reasoned decision and effective review, pursuant to Articles 14, 17 and 26 of the International Covenant on Civil and Political Rights, Articles 8 and 25 of the American Convention on Human Rights and Article 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 84 — Preservation of Existing Credentials and Institutions

Every academic credential, professional designation, institutional certification, register, school, faculty, specialized program, professional body or competency determination validly constituted before the entry into force of this Law shall continue provisionally according to its existing terms until confirmed, converted, supplemented or replaced under an implementing instrument; no prior Xaraguayan qualification shall be invalidated solely by the enactment of this Law, provided that every holder performing a high-risk reserved professional act shall satisfy the public-protection and continuing-competence requirements prescribed herein, pursuant to Articles 14, 20, 23–24 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 85 — Mandatory Regulatory Consolidation

The Supreme Council of Professional Accreditation, acting with the University of Xaragua and every competent Professional Chamber, shall progressively consolidate all professional admission standards, competency frameworks, codes of ethics, reserved acts, examination requirements, equivalency rules, continuing-education obligations, inspection procedures and disciplinary measures into an official Xaraguayan Professional Regulatory Corpus; every consolidated instrument shall identify its constitutional basis, issuing authority, profession, jurisdictional scope, effective date, transitional effect and registration reference, pursuant to Articles 5, 18, 20, 31, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 86 — Official Forms and Authentication

The Supreme Council shall establish standardized applications, declarations of competence, professional oaths, licence certificates, digital verification instruments, seals, registration numbers, disciplinary notices, inspection reports and certificates of good standing; every official professional instrument shall contain sufficient security, authentication and registry information to permit verification of its issuer, holder, scope, status and period of validity, pursuant to Articles 16–17 of the International Covenant on Civil and Political Rights and Articles 31, 33–34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 87 — Professional Oath and Constitutional Fidelity

Before receiving a full professional licence, every applicant shall undertake a legally binding professional oath or declaration to exercise the profession competently, independently and honestly; to protect the persons and communities served; to preserve confidentiality; to refuse corruption and falsification; to observe the constitutional order and applicable customary law of Xaragua; to remain within the authorized scope of practice; and to submit to lawful inspection, continuing-competence and disciplinary jurisdiction, pursuant to Articles 7, 14, 17 and 26 of the International Covenant on Civil and Political Rights and Articles 18, 20, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 88 — Official Publication and Constructive Notice

Every regulation, professional standard, code of ethics, schedule of reserved acts, accreditation framework, recognition arrangement and decision of general application adopted under this Law shall be officially published or made publicly accessible through an authorized Xaraguayan institutional medium and deposited in the General Archives of the State; no unpublished norm imposing a professional obligation, disciplinary offence or restriction of practice shall be enforced against a person who could not reasonably obtain notice thereof, pursuant to the principles of legality, legal certainty and procedural fairness reflected in Articles 14 and 15 of the International Covenant on Civil and Political Rights and Article 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 89 — International Notification and Institutional Representation

The competent Xaraguayan external authority may notify universities, professional orders, regulatory bodies, courts, employers, insurers, Indigenous organizations, canonical institutions, international organizations and other competent entities of the establishment, legal basis, standards, registers and verification mechanisms of the Xaraguayan professional system; such notification shall seek declaratory, evidentiary, cooperative, reciprocal or procedural effects and shall not constitute submission of Xaraguayan accreditation authority to external constitutive recognition, pursuant to Articles 18, 20, 32, 36 and 39 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 90 — Final Constitutional Reservation

All powers not expressly delegated by this Law concerning the creation of professions, determination of reserved professional acts, constitutional status of accreditation, protection of Indigenous knowledge, regulation of the University of Xaragua, recognition of professional orders and transfer of regulatory competence remain reserved to the original constituent authority of Xaragua; no silence, administrative practice, external usage, professional custom or subordinate agreement shall be construed as an implied transfer or extinction of such reserved powers, pursuant to Articles 3–5, 18, 31, 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles III, VI, IX and XXII of the American Declaration on the Rights of Indigenous Peoples.

Article 91 — Entry into Force

This Supreme Organic Constitutional Law of State enters into force ex proprio vigore upon enactment and promulgation by the Office of the Rector-President and shall thereafter possess immediate, direct, supreme and permanent force throughout the constitutional, professional, academic, administrative, territorial, contractual and institutional order of Xaragua, pursuant to the original Indigenous institutional authority protected by Common Article 1 of the International Covenants, Articles 3–5, 14, 18, 20, 23, 31, 33–34 and 39–40 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles III, VI, IX, XV, XXI–XXII and XXXII of the American Declaration on the Rights of Indigenous Peoples.

Article 92 — Permanent Registration and Authentic Text

The authentic text of this Law, together with every promulgating instrument, annex, professional schedule, implementing regulation and subsequent amendment, shall be permanently registered in the General Archives of the State, incorporated into the juridical and academic archives of the University of Xaragua and entered in every competent constitutional, legislative, professional and international institutional register; the version authenticated by the Office of the Rector-President and preserved by the General Archives of the State shall control every inconsistent reproduction, extract, translation or unofficial publication, pursuant to Articles 13, 14 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples and Article 15 of the International Covenant on Economic, Social and Cultural Rights.

ENACTED, PROMULGATED AND ORDERED FOR IMMEDIATE, DIRECT, SUPREME AND PERMANENT APPLICATION THROUGHOUT THE CONSTITUTIONAL, PROFESSIONAL, ACADEMIC, ADMINISTRATIVE, TERRITORIAL, CONTRACTUAL, ECONOMIC AND INSTITUTIONAL ORDER OF THE SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA.

PASCAL DESPUZEAU DAUMEC VIAU

RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA


SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA
OFFICE OF THE RECTOR-PRESIDENT
SUPREME CONSTITUTIONAL AUTHORITY
HIGH RECTORAL COUNCIL
UNIVERSITY OF XARAGUA
GENERAL ARCHIVES OF THE STATE
SUPREME ORGANIC CONSTITUTIONAL LAW OF STATE
ON THE COMPLETION OF THE CENTRAL INSTITUTIONAL ARCHITECTURE OF XARAGUA; THE ESTABLISHMENT OF CONSTITUTIONAL REVIEW, SUPREME PUBLIC AUDIT, CITIZENSHIP AND INDIGENOUS STATUS ADMINISTRATION, ANCESTRAL TERRITORIAL REGISTRATION, TECHNICAL STANDARDIZATION, DIGITAL AUTHENTICATION, INSTITUTIONAL DESIGNATION, ADMINISTRATIVE RIGHTS PROTECTION, PUBLIC PROSECUTION AND PUBLIC DEFENCE; AND THE FORMAL COORDINATION OF THE HIGH RECTORAL COUNCIL, LE CIVILISATEUR AND THE XARAGUA STATISTICS INSTITUTE
Institutional Classification: Supreme Organic Constitutional Law of State — Institutional Completion Act — Constitutional Justice Statute — Supreme Public Audit Law — Citizenship and Indigenous Status Code — Ancestral Territory and Cadastre Act — Standards and Metrology Law — Digital Identity and State Authentication Act — Institutional Designation and Succession Statute — Ombudsman Act — Public Prosecution and Public Defence Law
Constitutional Rank: Supreme, organic, controlling, self-executing, directly applicable, permanently binding and hierarchically superior to every inconsistent subordinate Xaraguayan legislative, executive, judicial, administrative, financial, territorial, professional, digital or institutional measure
Promulgating Authority: Office of the Rector-President, exercising original Indigenous constituent authority, supreme constitutional jurisdiction and final authority over the organization, continuity and integrity of the institutions of Xaragua
Legislative Authority: High Rectoral Council, within the deliberative, legislative, supervisory and representative competence attributed to it by the Constitution and controlling Supreme Organic Constitutional Acts of the State
Official Publication Authority: Le Civilisateur, Official Gazette and authoritative public journal of the Sovereign Catholic Indigenous and Private State of Xaragua
Official Statistical Authority: Xaragua Statistics Institute
Juridical and Academic Depositary: University of Xaragua
Official Depositary: General Archives of the State
Material Jurisdiction: Constitutional review; institutional competence; public audit; financial integrity; citizenship; Indigenous membership; customary inhabitancy; ancestral territory; cadastre; cartography; technical standards; metrology; digital identity; State authentication; institutional designation; succession; administrative protection; public prosecution; public defence; legislative coordination; official publication; statistics; archival authenticity
Territorial Jurisdiction: The complete constitutional and ancestral domain of Xaragua, including its autonomous communities, lands, islands, waters, maritime spaces, coastal areas, subsurface formations, customary routes, natural resources, cultural sites and every territory classified under superior Xaraguayan law
Temporal Effect: Permanent, continuous and imprescriptible as to original constituent authority, institutional continuity, constitutional jurisdiction, Indigenous status, ancestral territorial title, State records and the preservation of public rights
CONSTITUTIONAL AUTHORITY
HAVING REGARD TO Articles 1(2), 2(1), 2(2), 2(3) and 55 of the Charter of the United Nations; Common Article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights; Articles 2, 9, 14–17, 19, 25–27 of the International Covenant on Civil and Political Rights; Articles 1–2, 6–7, 11–13 and 15 of the International Covenant on Economic, Social and Cultural Rights; Articles 3–5, 7–9, 13–14, 18–21, 25–29, 31–34, 36, 38–40 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples; Articles III, VI, VIII–IX, XIII–XV, XVIII, XXI–XXVI, XXIX–XXX, XXXII–XXXVII and XLI of the American Declaration on the Rights of Indigenous Peoples; Articles 2, 4–9, 12–15, 20–23, 25, 27 and 30–35 of Convention No. 169 of the International Labour Organization as applicable Indigenous-law standards; Articles 1 and 3 of the Convention on Rights and Duties of States as applicable declaratory principles; Articles 26, 31 and 34 of the Vienna Convention on the Law of Treaties as applicable principles of consent, good faith, interpretation and non-imposition upon third parties; Articles 1–3, 6–8, 10–12, 17–21, 23, 25–27 and 29 of the Universal Declaration of Human Rights; Articles 1–3, 5, 7–8, 11, 13, 16, 21, 23–25 and 26 of the American Convention on Human Rights as applicable standards; Canons 215–218, 229, 298–299, 321–326 and 807–814 of the Code of Canon Law within their respective material competence; Indigenous customary law; the Constitution of Xaragua; and the controlling Supreme Organic Constitutional Acts of the State;
THE OFFICE OF THE RECTOR-PRESIDENT, acting under the original constituent authority protected by Common Article 1 of the International Covenants, Articles 3–5, 18, 20, 33–34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles III, VI, IX, XXI–XXII and XXXII of the American Declaration on the Rights of Indigenous Peoples, hereby enacts and promulgates the following provisions as supreme organic constitutional law.
TITLE I — OBJECT, SUPREMACY AND INSTITUTIONAL COMPLETION
Article 1 — Object
This Law completes the central institutional architecture of Xaragua by constituting permanent organs of constitutional review, public audit, citizenship and Indigenous status administration, ancestral territorial registration, technical standardization, digital authentication, institutional designation, administrative-rights protection, public prosecution and public defence and by determining their jurisdictional relationship with the Office of the Rector-President, the High Rectoral Council, Le Civilisateur, the Xaragua Statistics Institute, the University of Xaragua and the General Archives of the State, pursuant to Articles 4–5, 18, 20, 33–34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 2 — Structural Necessity
The institutions created by this Law constitute permanent organs of constitutional guarantee, horizontal control, juridical authentication and public protection and shall not be classified as temporary commissions, private associations, informal committees, advisory projects, administrative tolerances or institutions deriving authority from an external legal order, pursuant to Articles 3–5, 18, 20 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles III, VI, IX and XXII of the American Declaration on the Rights of Indigenous Peoples.
Article 3 — Constitutional Supremacy
This Law shall prevail over every inconsistent subordinate act, regulation, administrative practice, institutional decision, professional rule, financial instrument, territorial classification, digital record or customary determination not possessing equal constitutional rank; every act adopted without lawful competence or in violation of the jurisdictional separations established herein is ultra vires and void to the extent of the inconsistency, pursuant to Articles 34, 40 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 4 — Direct Effect
The provisions of this Law are self-executing and directly binding upon every ministry, tribunal, autonomous community, territorial authority, military command, public institution, financial organ, professional chamber, registry, university authority, diplomatic representation, contractor and officer exercising Xaraguayan competence, consistently with the institutional autonomy protected by Articles 5, 18, 20 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 5 — Institutional Non-Duplication
No institution created under this Law shall exercise the legislative competence reserved to the High Rectoral Council, the official-publication function vested in Le Civilisateur, the statistical authority vested in the Xaragua Statistics Institute, the academic authority vested in the University of Xaragua, the archival-authentication function vested in the General Archives of the State or the supreme constituent authority vested in the Office of the Rector-President, pursuant to Articles 4–5, 18, 20 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.
TITLE II — EXISTING CENTRAL INSTITUTIONS AND RESERVED FUNCTIONS
Article 6 — High Rectoral Council
The High Rectoral Council is confirmed as the supreme legislative, deliberative and institutional-consultation organ of Xaragua within the competence attributed by the Constitution and controlling laws; it shall deliberate upon organic legislation, approve matters reserved to collective constitutional consideration, receive reports from institutions created under this Law and exercise legislative supervision without displacing the original constituent and promulgating authority of the Office of the Rector-President, pursuant to Articles 18, 20, 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples and Article XXI of the American Declaration on the Rights of Indigenous Peoples.
Article 7 — Le Civilisateur
Le Civilisateur is confirmed as the Official Gazette, official public journal and authoritative publication organ of Xaragua and shall possess exclusive competence to publish constitutional acts, organic laws, decrees, regulations, appointments, institutional decisions of general application, official notices, professional standards, territorial classifications and other instruments requiring official promulgation or public notice, pursuant to Articles 13, 16, 18, 31 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples and Article 19 of the International Covenant on Civil and Political Rights.
Article 8 — Effect of Publication
Publication in Le Civilisateur shall constitute authoritative notice and shall determine the date of opposability of every act of general application unless the act itself prescribes a later date; no unpublished criminal, disciplinary, fiscal, professional or administrative obligation shall be enforced against a person who could not reasonably obtain notice thereof, pursuant to Articles 14–15 of the International Covenant on Civil and Political Rights and Articles 34, 40 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 9 — Xaragua Statistics Institute
The Xaragua Statistics Institute is confirmed as the exclusive central statistical authority of the State and shall determine official classifications, methodologies, censuses, demographic measures, territorial indicators, economic accounts, administrative statistics and institutional datasets; every ministry and public organ shall transmit legally required data to the Institute subject to confidentiality, data protection and Indigenous collective-control requirements under Articles 18–19, 31, 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 10 — General Archives and University
The General Archives of the State shall preserve and authenticate the original constitutional, legislative, judicial, administrative, territorial, professional, diplomatic and digital records of Xaragua, while the University of Xaragua shall retain juridical, academic, research, instruction and technical-development authority; neither institution shall usurp the adjudicative, prosecutorial, audit, registration or regulatory jurisdiction assigned by this Law, pursuant to Articles 13–14 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles 13 and 15 of the International Covenant on Economic, Social and Cultural Rights.
TITLE III — SUPREME CONSTITUTIONAL COURT OF XARAGUA
Article 11 — Establishment
There is hereby constituted the Supreme Constitutional Court of Xaragua, possessing permanent judicial personality, constitutional independence and final adjudicative jurisdiction over the conformity of subordinate law and institutional action with the Constitution and the Supreme Organic Constitutional Acts of the State, pursuant to Articles 4–5, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples, Articles 8–9 of Convention No. 169 and Articles 14 and 26 of the International Covenant on Civil and Political Rights.
Article 12 — Jurisdiction
The Supreme Constitutional Court shall possess jurisdiction to:
a) review the constitutionality of laws, regulations and administrative acts;
b) resolve conflicts of competence among constitutional organs;
c) adjudicate conflicts between the central institutions and autonomous communities;
d) determine the reception, supplementary application or mandatory non-reception of external norms;
e) protect constitutionally reserved powers;
f) review measures materially affecting Indigenous membership, citizenship or ancestral territorial rights;
g) determine constitutional petitions alleging violations by Xaraguayan authorities; and
h) exercise every jurisdiction expressly assigned by superior law,
pursuant to Articles 3–5, 18, 26, 33–34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 13 — Relationship with the Constituent Authority
The Supreme Constitutional Court shall exercise final judicial interpretation within constituted jurisdiction but shall possess no authority to extinguish, replace, suspend or assume the original constituent power of the Indigenous People of Xaragua or the supreme constituent competence of the Office of the Rector-President; any constitutional amendment or constituent act shall remain governed exclusively by the competent procedure established under superior Xaraguayan law, pursuant to Common Article 1 of the International Covenants and Articles 3–5, 18 and 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 14 — Judicial Guarantees
Judges of the Supreme Constitutional Court shall exercise independence, impartiality, competence, reasoned decision-making and freedom from incompatible executive, legislative, financial, familial or professional interests; proceedings shall preserve notice, standing, disclosure, opportunity to be heard, equality of parties and publication of final constitutional decisions, subject to lawful confidentiality, pursuant to Articles 14 and 26 of the International Covenant on Civil and Political Rights, Articles 8 and 25 of the American Convention on Human Rights and Article 40 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 15 — Effect of Constitutional Decisions
A final decision of the Supreme Constitutional Court shall bind every subordinate Xaraguayan authority and may annul, suspend, interpret, sever or declare inapplicable an unconstitutional measure to the extent of the defect; the Court may regulate temporal effect where immediate nullity would cause a disproportionate legal vacuum, provided that no suspended declaration shall preserve an act extinguishing original Indigenous rights or ancestral territorial title, pursuant to Articles 8, 26–28, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.
TITLE IV — SUPREME CHAMBER OF ACCOUNTS AND PUBLIC INTEGRITY
Article 16 — Establishment
There is hereby constituted the Supreme Chamber of Accounts and Public Integrity of Xaragua, possessing functional independence, audit jurisdiction and permanent authority to supervise public revenue, expenditure, assets, liabilities, procurement, public credit, guarantees, institutional funds and the financial conduct of every Xaraguayan public authority, pursuant to Articles 18, 20, 21, 32, 34 and 39 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 17 — Audit Jurisdiction
The Supreme Chamber shall audit the Office of the Rector-President as to administratively accountable expenditures, every ministry, autonomous institution, public enterprise, territorial authority, professional body, public register, State fund, XaraBank activity subject to public-law supervision and every private operator receiving or administering Xaraguayan public resources, pursuant to the requirements of legality, accountability, equality and effective remedy reflected in Articles 2 and 26 of the International Covenant on Civil and Political Rights and Articles 20, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 18 — Powers
The Supreme Chamber may require accounts, contracts, invoices, beneficial-ownership declarations, asset records, procurement files, banking confirmations, digital audit trails and statements from responsible officers; it may issue findings, recovery orders, compliance directives, referrals for prosecution and recommendations for suspension or disqualification, subject to due process and competent judicial review under Articles 14 and 17 of the International Covenant on Civil and Political Rights and Article 40 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 19 — Public Integrity
The Supreme Chamber shall maintain rules governing conflicts of interest, incompatible functions, gifts, procurement integrity, misuse of office, illicit enrichment, financial disclosure, related-party transactions and protection of public resources; every senior officer and financial decision-maker may be required to submit periodic declarations according to law, subject to proportional privacy safeguards under Article 17 of the International Covenant on Civil and Political Rights.
Article 20 — Reports to the High Rectoral Council
The Supreme Chamber shall submit annual, special and emergency reports to the Office of the Rector-President and the High Rectoral Council and shall publish non-confidential findings through Le Civilisateur; no institution may suppress, alter or delay a final audit report except by a reasoned judicial order protecting a constitutionally recognized interest, pursuant to Articles 19 and 25 of the International Covenant on Civil and Political Rights and Articles 18, 20 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.
TITLE V — CENTRAL AUTHORITY FOR CITIZENSHIP, INDIGENOUS MEMBERSHIP AND CUSTOMARY INHABITANCY
Article 21 — Establishment
There is hereby constituted the Central Authority for Citizenship, Indigenous Membership and Customary Inhabitancy of Xaragua, possessing exclusive administrative competence to receive, examine, determine, register, certify, suspend, restore and terminate the personal statuses governed by Xaraguayan constitutional law, pursuant to Articles 9 and 33 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles VIII–IX of the American Declaration on the Rights of Indigenous Peoples.
Article 22 — Reserved Status Determinations
The Central Authority shall determine:
a) Xaraguayan citizenship;
b) Indigenous membership;
c) customary inhabitancy;
d) affiliation with an autonomous community;
e) derivative or family-based status;
f) restoration or loss of status;
g) official Indigenous names and identity annotations;
h) conflicts or duplications among registers; and
i) every related classification assigned by superior law,
pursuant to Articles 8–9, 13, 18 and 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 23 — Distinction of Statuses
Citizenship, Indigenous membership, customary inhabitancy, residence, civil documentation, external nationality and community affiliation constitute legally distinct statuses; no residence, passport, civil registration, marriage, employment, external nationality or receipt of public services shall automatically confer or extinguish Indigenous membership or Xaraguayan citizenship absent a competent determination under law, pursuant to Articles 9 and 33 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles 16, 17 and 26 of the International Covenant on Civil and Political Rights.
Article 24 — Procedure and Review
Every status determination shall be based upon competent evidence, applicable law, customary procedure, family and community records, individual dignity, protection against arbitrary deprivation and a reasoned decision; an affected person shall possess a right to notice, response, correction and appeal before the competent tribunal, pursuant to Articles 14, 16–17 and 26 of the International Covenant on Civil and Political Rights, Articles 8 and 25 of the American Convention on Human Rights and Article 40 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 25 — Central Population Register
The Central Authority shall maintain an authenticated Central Population and Status Register interoperable with the Ministry of Family, autonomous communities, the Xaragua Statistics Institute, the Digital Identity Authority and the General Archives of the State; access, disclosure and statistical use shall remain subject to legality, confidentiality, Indigenous control and personal-data protection under Articles 17 and 27 of the International Covenant on Civil and Political Rights and Articles 9, 31 and 33 of the United Nations Declaration on the Rights of Indigenous Peoples.
TITLE VI — SUPREME ANCESTRAL TERRITORY, CADASTRE AND CARTOGRAPHY AUTHORITY
Article 26 — Establishment
There is hereby constituted the Supreme Ancestral Territory, Cadastre and Cartography Authority of Xaragua, possessing exclusive central competence to identify, classify, document, register and map the ancestral territorial domain, customary tenure, autonomous-community jurisdictions, protected sites, territorial evidence and official Xaraguayan geographical nomenclature, pursuant to Articles 25–27 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples, Articles XXIV–XXV of the American Declaration on the Rights of Indigenous Peoples and Articles 13–15 of Convention No. 169.
Article 27 — Territorial Register
The Authority shall maintain the Supreme Ancestral Territorial Register containing evidence of occupation, possession, use, navigation, customary tenure, community jurisdiction, sacred significance, resource dependence, oral history, historical records, maps, concessions, external registrations, disputes and constitutional classifications; registration shall possess evidentiary authority within the Xaraguayan legal order subject to adjudication by the competent tribunal, pursuant to Articles 13, 25–28 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 28 — Territorial Scope
The jurisdiction of the Authority extends to lands, islands, waters, maritime spaces, littoral zones, caves, subsurface formations, rivers, springs, aquifers, forests, agricultural areas, customary routes, sacred sites, archaeological sites, natural resources and every space traditionally occupied, possessed, used, accessed, named or governed by the Indigenous People and communities of Xaragua, pursuant to Articles 25–27, 29 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 29 — Official Cartography
The Authority shall issue official constitutional, ancestral, administrative, environmental, maritime, infrastructural and community maps of Xaragua; every map shall state its legal classification, evidentiary basis, scale, date, competent authority and intended juridical effect, and no subordinate institution may alter an official territorial classification without competent procedure, pursuant to Articles 18–19, 25–27, 32, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 30 — Relationship with External Registries
External cadastral records, boundaries, concessions, titles and administrative maps may be received as evidence but shall neither constitute the exclusive source of ancestral title nor automatically extinguish anterior Indigenous rights; any conflict shall be assessed according to applicable jurisdiction, competent reception, Indigenous customary title, due process and the remedial guarantees established by Articles 26–28 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 31 — Territorial Adjudication
The Authority may conduct administrative investigations and issue preliminary classifications but shall not finally adjudicate a contested deprivation of title, forced removal or competing proprietary claim except where superior law expressly confers such jurisdiction; contested matters shall be referred to the competent Xaraguayan tribunal with notice, evidence, community participation and effective remedy under Articles 10, 19, 26–28 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.
TITLE VII — XARAGUA INSTITUTE OF STANDARDS, METROLOGY AND TECHNICAL CERTIFICATION
Article 32 — Establishment
There is hereby constituted the Xaragua Institute of Standards, Metrology and Technical Certification, possessing public-law personality and central technical competence to develop, adopt, publish, maintain and certify standards governing products, materials, processes, facilities, measurements, safety systems and technical services within Xaraguayan jurisdiction, pursuant to Articles 20, 21, 23, 29, 31–32 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 33 — Material Competence
The Institute shall possess competence concerning construction materials, structural safety, water quality, sanitation, decentralized energy, food products, agricultural inputs, medical equipment, laboratories, maritime equipment, transport systems, communications technology, environmental performance, consumer products, measurement units, industrial processes, digital systems and every technical field assigned by competent law, pursuant to Articles 7, 21, 23–24 and 29 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles 11–12 and 15 of the International Covenant on Economic, Social and Cultural Rights.
Article 34 — Standards Procedure
Every standard shall identify its technical basis, material scope, mandatory or voluntary character, testing methodology, certification procedure, conformity criteria, transitional period, review date and competent enforcement authority; standards affecting life, health, structural safety, territorial rights or the environment shall be supported by documented scientific, technical, customary and community evidence, pursuant to Articles 18–19, 24, 29, 31–32, 34 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 35 — Separation from Professional Accreditation
The Institute shall regulate and certify products, systems, facilities, measurements and technical processes, while the Supreme Council of Professional Accreditation and its Professional Chambers shall regulate the competence, licensing and discipline of natural persons and professional entities; neither authority shall usurp the other’s jurisdiction except through an express joint instrument authorized by superior law, pursuant to Articles 4–5, 20, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 36 — Recognition of External Standards
The Institute may adopt, adapt, reference or recognize external technical standards where compatible with Xaraguayan constitutional public order, territorial conditions, Indigenous knowledge, environmental requirements and public safety; such reception shall derive exclusively from a competent Xaraguayan act and shall create no constitutional subordination to the originating organization, pursuant to Articles 4–5, 29, 31 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.
TITLE VIII — DIGITAL IDENTITY, DATA PROTECTION AND STATE AUTHENTICATION AUTHORITY
Article 37 — Establishment
There is hereby constituted the Digital Identity, Data Protection and State Authentication Authority of Xaragua, possessing exclusive central competence over institutional digital identity, electronic signatures, cryptographic seals, digital certificates, authentication infrastructure, public-register interoperability, personal-data protection and the integrity of official electronic acts, pursuant to Articles 5, 7, 18, 20, 31, 33–34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples and Article 17 of the International Covenant on Civil and Political Rights.
Article 38 — State Authentication Infrastructure
The Authority shall establish secure methods for authenticating legislation, appointments, citizenship records, academic credentials, professional licences, territorial instruments, contracts, financial records, official communications and archival copies; every authentication method shall permit verification of issuer, integrity, date, legal status, revocation and applicable jurisdiction, pursuant to Articles 16–17 of the International Covenant on Civil and Political Rights and Articles 31, 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 39 — Data Protection Jurisdiction
The Authority shall issue binding rules governing lawful collection, purpose limitation, proportionality, accuracy, retention, security, disclosure, correction, deletion, restricted access, breach notification and institutional accountability for personal data processed under Xaraguayan authority, subject to specific protection of medical, family, disciplinary, financial, Indigenous membership, territorial and culturally restricted information under Article 17 of the International Covenant on Civil and Political Rights and Articles 7, 9 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 40 — Indigenous Collective Data
Data concerning Indigenous identity, community membership, traditional knowledge, sacred sites, cultural patrimony, genetic or biological information, territorial use and collective resources shall not be treated exclusively as ordinary administrative data and shall remain subject to Indigenous collective authority, cultural restrictions and community-controlled access under Articles 11–13, 31 and 33 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 41 — Cybersecurity and Continuity
The Authority shall establish minimum cybersecurity, backup, access-control, incident-response, continuity, recovery and audit requirements for every critical Xaraguayan digital system; a serious incident affecting constitutional acts, identity, finance, professional registers, territorial records, statistics or official publication shall be reported immediately to the competent authorities and preserved as evidence according to law, pursuant to Articles 5, 20, 31, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 42 — Relationship with Le Civilisateur and the Archives
The Digital Authority shall authenticate and secure electronic publication, but Le Civilisateur shall retain exclusive official-publication authority and the General Archives of the State shall retain permanent archival custody and authentication of the authoritative record; technical custody, legal publication and permanent archival authority constitute distinct functions and shall not be merged by administrative practice, pursuant to Articles 13, 16, 31 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.
TITLE IX — SUPREME AUTHORITY FOR INSTITUTIONAL DESIGNATION AND SUCCESSION
Article 43 — Establishment
There is hereby constituted the Supreme Authority for Institutional Designation and Succession of Xaragua, possessing independent administrative competence to supervise elections, nominations, customary selections, confirmations, vacancies, temporary replacements and succession procedures for offices whose mode of designation is prescribed by the Constitution or superior law, pursuant to Articles 18, 20 and 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples and Article XXI of the American Declaration on the Rights of Indigenous Peoples.
Article 44 — Multiple Modes of Designation
The Authority shall recognize that Xaraguayan offices may be filled by election, appointment, customary recognition, community selection, hereditary or traditional succession where constitutionally received, professional designation, ex officio service or confirmation by the competent authority; no uniform electoral procedure shall be imposed upon offices governed by legally distinct modes of designation, pursuant to Articles 5, 18, 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 45 — Jurisdiction
The Authority shall verify eligibility, maintain registers of offices and mandates, supervise applicable voting or consultation procedures, certify results, record appointments, determine administrative vacancies, organize lawful interim succession and refer contested constitutional questions to the Supreme Constitutional Court, pursuant to Articles 14, 25 and 26 of the International Covenant on Civil and Political Rights and Articles 18, 33–34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 46 — Rector-Presidential Office
Nothing in this Title shall alter the constitutional rank, tenure, constituent authority or succession regime of the Office of the Rector-President; the Authority shall exercise only the documentary, procedural or certification competence expressly conferred upon it by the Constitution or a Supreme Organic Constitutional Act of equal rank, pursuant to Articles 3–5, 18 and 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 47 — Community Representation
Procedures concerning autonomous-community representatives, city magistrates, Great Notables and other customary or territorial authorities shall respect the institutions, traditions, internal decision-making systems and membership rules of the community concerned, subject to applicable constitutional guarantees and effective review under Articles 5, 18, 33–34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.


TITLE X — OMBUDSMAN FOR CITIZENS, CUSTOMARY INHABITANTS AND INDIGENOUS RIGHTS Article 48 — Establishment There is hereby constituted the Ombudsman for Citizens, Customary Inhabitants and Indigenous Rights of Xaragua, possessing functional independence and authority to receive complaints, investigate maladministration, protect individual and collective rights and require reasoned institutional responses from every Xaraguayan administrative organ, pursuant to Articles 1–2, 7–9, 21–22, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles 2, 26 and 27 of the International Covenant on Civil and Political Rights. Article 49 — Jurisdiction The Ombudsman may investigate unreasonable delay, abuse of authority, discrimination, denial of a lawful service, procedural unfairness, failure to execute a decision, misuse of personal information, professional-regulatory abuse, infringement of Indigenous or customary rights and misconduct by a private operator exercising a Xaraguayan public mandate, pursuant to Articles 14, 17 and 26 of the International Covenant on Civil and Political Rights and Articles 7, 21–22 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples. Article 50 — Investigative Powers The Ombudsman may require administrative records, receive confidential testimony, conduct institutional inspections, request explanations, issue protective recommendations, propose corrective measures, refer matters to the Supreme Chamber of Accounts, the Prosecutor-General, the Public Defender or the competent tribunal and publish special reports through Le Civilisateur, subject to lawful confidentiality under Articles 17 and 19 of the International Covenant on Civil and Political Rights. Article 51 — Effect of Findings An Ombudsman finding shall not replace a judicial judgment or disciplinary decision but shall require the affected institution to accept the recommendation, state the corrective action adopted or provide a reasoned refusal within the prescribed period; an unjustified failure to respond may be reported to the High Rectoral Council and referred for constitutional or administrative review, pursuant to Articles 18, 20, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples. TITLE XI — OFFICE OF THE PROSECUTOR-GENERAL Article 52 — Establishment There is hereby constituted the Office of the Prosecutor-General of Xaragua, possessing institutional independence in individual prosecutions and exclusive authority to institute, conduct, discontinue and supervise public proceedings within the criminal and public-enforcement jurisdiction of Xaragua, pursuant to Articles 7, 14 and 26 of the International Covenant on Civil and Political Rights and Articles 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples. Article 53 — Functions The Prosecutor-General shall prosecute offences against persons, communities, constitutional institutions, territorial rights, public finances, official records, professional regulation, digital systems and public integrity; represent the public interest where authorized; preserve evidence; supervise subordinate prosecutors; issue prosecution standards; and coordinate lawful referrals to external authorities without transferring Xaraguayan constituent jurisdiction, pursuant to Articles 7, 21–22, 26, 31, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples. Article 54 — Prosecutorial Independence and Legality No authority may direct the prosecution or non-prosecution of an identified person except through a power expressly conferred by superior constitutional law; every prosecutorial decision shall be based upon jurisdiction, admissible evidence, applicable law, public interest, proportionality and equality before the law and shall remain subject to the review mechanisms prescribed by law, pursuant to Articles 14 and 26 of the International Covenant on Civil and Political Rights and Articles 8 and 25 of the American Convention on Human Rights. Article 55 — Relationship with Investigative and Disciplinary Bodies The Prosecutor-General may receive referrals from the Supreme Chamber of Accounts, the Ombudsman, Professional Chambers, the Digital Authority, territorial authorities and other competent organs; administrative, audit and disciplinary findings shall constitute evidence subject to independent prosecutorial assessment and shall not predetermine criminal responsibility, pursuant to the presumption of innocence and fair-hearing guarantees established by Article 14 of the International Covenant on Civil and Political Rights. TITLE XII — OFFICE OF THE PUBLIC DEFENDER Article 56 — Establishment There is hereby constituted the Office of the Public Defender of Xaragua, possessing functional independence and permanent authority to provide legal defence, representation and assistance to eligible persons in criminal, constitutional, administrative, family, status and other proceedings designated by law, pursuant to Articles 9 and 14 of the International Covenant on Civil and Political Rights, Articles 8 and 25 of the American Convention on Human Rights and Article 40 of the United Nations Declaration on the Rights of Indigenous Peoples. Article 57 — Protected Persons The Public Defender shall prioritize accused persons deprived of liberty, persons without sufficient resources, minors, persons under guardianship, victims requiring independent representation, persons with disabilities, customary inhabitants facing serious administrative consequences and Indigenous persons whose membership, territory, culture or collective rights are materially affected, pursuant to Articles 7, 21–22 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles 14 and 26 of the International Covenant on Civil and Political Rights. Article 58 — Professional Independence A public defender owes exclusive professional loyalty to the represented person within the law and shall not receive case-specific direction from the Office of the Rector-President, the Prosecutor-General, the High Rectoral Council, a ministry, a community authority or any financial organ; confidential communications shall remain protected subject only to narrowly prescribed legal exceptions, pursuant to Articles 14 and 17 of the International Covenant on Civil and Political Rights. Article 59 — Institutional Equality The Office of the Public Defender shall receive the institutional access, procedural standing, records, facilities and professional recognition necessary to provide an effective defence and shall not be placed under the administrative authority of the Prosecutor-General; prosecution and defence constitute constitutionally separate functions under Articles 14 and 26 of the International Covenant on Civil and Political Rights and Article 40 of the United Nations Declaration on the Rights of Indigenous Peoples. TITLE XIII — INTERINSTITUTIONAL COORDINATION Article 60 — Constitutional Distribution of Functions The Office of the Rector-President shall exercise supreme constituent and promulgating authority; the High Rectoral Council shall exercise its legislative and deliberative competence; the Supreme Constitutional Court shall exercise constitutional adjudication; the Supreme Chamber of Accounts shall exercise audit control; the Central Status Authority shall determine citizenship and membership statuses; the Territorial Authority shall maintain territorial classification; the Standards Institute shall regulate technical conformity; the Digital Authority shall secure identity and authentication; the Designation Authority shall supervise institutional succession; the Ombudsman shall protect administrative rights; the Prosecutor-General shall conduct public prosecutions; and the Public Defender shall provide independent defence, pursuant to Articles 4–5, 18, 20, 33–34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples. Article 61 — Mandatory Cooperation Every institution governed by this Law shall exchange legally required records, comply with competent judicial orders, preserve confidentiality, avoid jurisdictional duplication, refer matters beyond its competence and maintain interoperable registers under common authentication standards; refusal to cooperate shall require an express legal ground and a reasoned written determination subject to review, pursuant to Articles 14, 17 and 26 of the International Covenant on Civil and Political Rights and Articles 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples. Article 62 — Prohibition of Concentration No officer may simultaneously exercise incompatible adjudicative, prosecutorial, audit, defence, regulatory or executive functions in the same matter; every institution shall maintain conflict-of-interest, recusal and substitution procedures sufficient to preserve impartiality, independence and public confidence, pursuant to Articles 14 and 26 of the International Covenant on Civil and Political Rights and Articles 34, 40 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples. Article 63 — Institutional Reports Every institution created by this Law shall submit an annual report concerning jurisdiction exercised, decisions rendered, complaints received, expenditures, institutional risks, unresolved legal questions and required legislative action; reports shall be transmitted to the Office of the Rector-President and the High Rectoral Council, deposited in the General Archives of the State and published through Le Civilisateur subject to lawful confidentiality, pursuant to Articles 18–20, 31, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples. TITLE XIV — APPOINTMENTS, TENURE AND ADMINISTRATIVE INTEGRITY Article 64 — Appointments The heads and members of institutions created by this Law shall be appointed, confirmed or designated according to the Constitution and implementing instruments adopted by the competent authority; every appointment shall specify the office, legal basis, term, powers, incompatibilities, oath, removal grounds and succession procedure and shall be published in Le Civilisateur, pursuant to Articles 18, 20, 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples. Article 65 — Qualifications Every constitutional officer appointed under this Law shall possess verified competence, integrity, independence and knowledge appropriate to the office; no appointment shall be validly founded solely upon political loyalty, family relationship, honorary rank, financial contribution or institutional proximity, pursuant to Articles 25 and 26 of the International Covenant on Civil and Political Rights and Articles 18, 20, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples. Article 66 — Oath of Office Before exercising authority, every officer shall undertake a binding oath to preserve the Constitution, respect Indigenous rights and customary institutions, exercise only lawful competence, protect confidential information, refuse corruption, avoid incompatible interests, provide reasoned decisions and submit to constitutional, audit and judicial control, pursuant to Articles 18, 20, 31, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples. Article 67 — Removal and Suspension No officer possessing adjudicative, audit, prosecutorial, defence, ombudsman or independent regulatory functions shall be removed, suspended or subjected to material retaliation except for incapacity, serious misconduct, conflict of interest, abandonment of office or another ground prescribed by law and established through a competent procedure preserving notice, response and review, pursuant to Articles 14 and 26 of the International Covenant on Civil and Political Rights. TITLE XV — IMPLEMENTATION, PUBLICATION AND PERMANENT FORCE Article 68 — Implementing Instruments The Office of the Rector-President and the High Rectoral Council, within their respective constitutional jurisdictions, may adopt organic regulations, institutional statutes, procedural codes, appointment rules, fee schedules, forms, registers, ethical codes, security standards and transitional measures necessary to implement this Law; no implementing instrument may transfer, extinguish or materially alter a competence reserved by this Law, pursuant to Articles 4–5, 18, 20 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples. Article 69 — Institutional Statutes Each institution created by this Law shall possess an organic statute specifying its internal composition, divisions, quorum, decision-making procedures, administrative support, financial controls, information-management rules, conflicts of interest, reporting duties and continuity mechanisms; every statute shall be approved by the competent authority and published in Le Civilisateur, pursuant to Articles 5, 18, 20, 31 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples. Article 70 — Transitional Exercise of Authority Pending appointment of the permanent officers of an institution created herein, the Office of the Rector-President may designate a strictly temporary authority to preserve records, receive applications, prevent jurisdictional vacancy and prepare implementing instruments; no temporary authority may issue a final constitutional judgment, permanent deprivation of status, irreversible territorial disposition or final criminal conviction, pursuant to Articles 14 and 26 of the International Covenant on Civil and Political Rights and Articles 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples. Article 71 — Official Publication This Law, every appointment made under it and every implementing statute or regulation shall be published in Le Civilisateur, whose authenticated publication shall constitute the official public version; the original signed instrument shall be preserved by the General Archives of the State, and the Digital Identity, Data Protection and State Authentication Authority shall maintain electronic verification of the published and archived texts, pursuant to Articles 13, 16, 31 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples. Article 72 — Statistical Registration The creation, staffing, jurisdictional activity and institutional performance of every organ established by this Law shall be recorded according to classifications issued by the Xaragua Statistics Institute; statistical measurement shall not confer supervisory authority upon the Institute over judicial, audit, prosecutorial, defence or constitutional decisions, pursuant to Articles 18–20, 31, 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples. Article 73 — External Interoperability Institutions created by this Law may cooperate with external courts, audit bodies, civil registries, cadastral authorities, standards organizations, data-protection authorities, electoral institutions, ombudsmen, prosecutors, defenders, universities and professional bodies through competent agreements or procedures; every such relation shall preserve Xaraguayan constitutional identity, reserved powers, consent and jurisdictional non-subordination under Articles 18, 20, 32, 34, 36 and 39 of the United Nations Declaration on the Rights of Indigenous Peoples. Article 74 — No Constitutive External Recognition No external registration, recognition, accreditation, cooperation agreement, judgment, diplomatic acknowledgement or technical assistance shall constitute the juridical source of an institution created by this Law; every such institution derives its existence and authority exclusively from the original Indigenous constituent order of Xaragua, pursuant to Common Article 1 of the International Covenants and Articles 3–5, 18, 20 and 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples. Article 75 — Prohibition of Adverse Construction No administrative silence, incomplete staffing, temporary non-exercise, external non-recognition, use of a technical service of the Residual Administrative Unit or cooperation with an external institution shall be construed as extinguishing, suspending, transferring or subordinating any constitutional competence established by this Law, pursuant to Articles 3–5, 8, 20, 26, 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples. Article 76 — Severability If any provision or institutional competence established by this Law is declared inapplicable within a specific external jurisdiction or proceeding, the remaining provisions and every unaffected internal effect shall continue in full force throughout the Xaraguayan constitutional order; no external determination shall dissolve an institution created herein or amend the constitutional distribution of powers, pursuant to Articles 3–5, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples. Article 77 — Permanent Constitutional Force This Law and the institutions constituted herein shall remain continuously operative notwithstanding governmental transition, vacancy, interruption of administration, incomplete territorial enforcement, demographic alteration, external non-recognition, institutional reorganization, non-membership in an intergovernmental organization or temporary non-exercise of a competence, pursuant to Articles 3–5, 8, 20, 26 and 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples. Article 78 — Entry into Force This Supreme Organic Constitutional Law of State enters into force ex proprio vigore upon enactment and promulgation by the Office of the Rector-President and shall possess immediate, direct, supreme and permanent authority throughout the constitutional, legislative, judicial, administrative, financial, territorial, professional, digital and institutional order of Xaragua, pursuant to Articles 3–5, 18, 20, 31, 33–34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples. Article 79 — Registration and Authentic Text The authentic text of this Law, together with every promulgating act, institutional statute, appointment, regulation and amendment issued under its authority, shall be permanently registered in the General Archives of the State, incorporated into the juridical and academic archives of the University of Xaragua, published through Le Civilisateur and authenticated through the competent State digital infrastructure; the archived and officially published text shall control every inconsistent reproduction, translation, extract or unofficial version, pursuant to Articles 13–14 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples and Article 15 of the International Covenant on Economic, Social and Cultural Rights. ENACTED, PROMULGATED AND ORDERED FOR IMMEDIATE, DIRECT, SUPREME AND PERMANENT APPLICATION THROUGHOUT THE CONSTITUTIONAL, LEGISLATIVE, JUDICIAL, ADMINISTRATIVE, FINANCIAL, TERRITORIAL, PROFESSIONAL, DIGITAL AND INSTITUTIONAL ORDER OF THE SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA. PASCAL DESPUZEAU DAUMEC VIAU RECTOR-PRESIDENT SUPREME CONSTITUTIONAL AUTHORITY SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

Link with Xaragua

WhatsApp

XARAGUA

Miragoane

Info@xaraguauniversity.com

Send us a Note

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Cancel

Copyright © 2026 Xaragua - All Rights Reserved.

This website uses cookies.

We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.

Accept