High Authority of Women of Xaragua

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SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA
OFFICE OF THE RECTOR-PRESIDENT
SUPREME CONSTITUTIONAL AUTHORITY
GENERAL ARCHIVES OF THE STATE
UNIVERSITY OF XARAGUA
SUPREME ORGANIC CONSTITUTIONAL LAW
ON THE ESTABLISHMENT, JURISDICTION, ORGANIZATION, AND PERMANENT FUNCTIONS OF THE HIGH AUTHORITY FOR THE WOMEN OF XARAGUA
Original Date of Enactment: 20 June 2025
Consolidated Institutional Text: 5 September 2026
Doctrinal Annex Consolidated: 9 September 2026
Place of Promulgation: Miragoâne, Constitutional Capital of Xaragua
Promulgating Authority: Office of the Rector-President
Archival Depositary: General Archives of the State
Legal Classification: Supreme Organic Constitutional Law — Women’s Rights and Institutional Participation Act — Indigenous Historical Continuity Instrument — Public Protection and Intergenerational Transmission Law
Normative Rank: Organic Constitutional Instrument
Institutional Status: Permanent and Directly Applicable
Institution Established: High Authority for the Rights, Participation, Indigenous Identity, and Intergenerational Continuity of the Women of Xaragua
Official Short Name: High Authority for Women of Xaragua
Historical and Academic Authority of Reference: Dr. Madeleine Sylvain-Bouchereau
Principal Normative References: United Nations Declaration on the Rights of Indigenous Peoples, Articles 3, 4, 5, 13, 14, 18, 21, 22, 31, 33, 34 and 44; Convention on the Elimination of All Forms of Discrimination against Women, Articles 1, 2, 7, 10, 11, 12, 13, 14 and 16; Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, Articles 1, 4, 5, 6, 7 and 8; American Declaration on the Rights of Indigenous Peoples, Articles III, VI, VII, XIV, XV, XXI, XXII and XXXII.
PREAMBLE
The State recognizes the equal legal personality, public capacity, personal security, economic agency and institutional participation of the women of Xaragua.
The State further recognizes that women exercised political, territorial, economic and cultural functions within the Indigenous societies of the island before European colonization.
The political authority exercised by Anacaona forms part of the antecedent institutional history of Xaragua.
The State takes institutional notice of the work of Dr. Madeleine Sylvain-Bouchereau, particularly Haïti et ses femmes: Une étude d’évolution culturelle, which places the Indian period at the beginning of its examination of women’s historical origins, documents Taíno political organization, identifies women’s capacity to succeed to Indigenous government and records the preservation of Indigenous cultural practices through women.
The historical findings contained in her work constitute an academic basis of reference. The juridical classification of the contemporary Indigenous continuity of Xaragua proceeds from the constitutional authority of Xaragua.
A permanent institution is required to protect women’s rights, organize their public participation, document their historical contribution and secure their place within the contemporary Indigenous order.
The present Supreme Organic Constitutional Law is accordingly enacted.
TITLE I — ESTABLISHMENT AND STATUS
Article 1 — Establishment
The High Authority for the Rights, Participation, Indigenous Identity, and Intergenerational Continuity of the Women of Xaragua is hereby established as a permanent institution of the State.
Article 2 — Institutional Position
The High Authority shall operate under the direct constitutional supervision of the Rector-President.
It shall possess independent administrative competence within the limits established by this Law.
Article 3 — Institutional Character
The High Authority is a constitutional administrative institution.
It shall not be classified as a private association, charitable organization, ceremonial commission, devotional body or temporary program.
Article 4 — Territorial and Personal Jurisdiction
The High Authority shall exercise competence in relation to:
a) women belonging to the Indigenous People of Xaragua;
b) citizens and nationals of Xaragua;
c) women of affiliated autonomous communities;
d) women serving within the institutions of Xaragua;
e) women of the ancestral, insular and maritime territories of Xaragua;
f) Xaraguayan women residing outside the territory; and
g) girls requiring protection or institutional representation.
TITLE II — GENERAL COMPETENCE
Article 5 — Mandate
The High Authority shall:
a) supervise the implementation of legal protections applicable to women and girls;
b) receive and classify complaints within its competence;
c) refer matters to the competent judicial, administrative, medical or protective authority;
d) examine public measures affecting women;
e) promote women’s participation in public institutions;
f) document women’s historical and intellectual contributions;
g) protect the transmission of Indigenous knowledge through women;
h) maintain the registers established by this Law; and
i) report directly to the Rector-President.
Article 6 — Regulatory Authority
The High Authority may issue administrative regulations, institutional standards, recommendations, referral instruments and reports concerning matters placed within its jurisdiction.
Its acts shall remain subject to the Constitution and laws of Xaragua.
Article 7 — Limits of Competence
The High Authority shall not exercise judicial, medical, ecclesiastical or professional authority reserved to another competent institution.
It may coordinate access, establish standards, document institutional action and submit matters for decision by the competent authority.
TITLE III — LEGAL PROTECTION
Article 8 — Equal Legal Personality
Every woman within the jurisdiction of Xaragua possesses full legal personality and equal capacity before the institutions of the State.
No distinction based upon sex, pregnancy, maternity, marital status, family origin, disability, age, residence or economic condition shall deprive a woman of access to justice, education, property, employment, public service or institutional participation.
Article 9 — Bodily Integrity and Security
The High Authority shall supervise the institutional response to:
a) physical and sexual violence;
b) domestic and intimate-partner violence;
c) forced and child marriage;
d) trafficking and commercial exploitation;
e) abduction and unlawful confinement;
f) reproductive coercion;
g) economic and institutional abuse;
h) digital abuse; and
i) retaliation against complainants or witnesses.
Article 10 — Access to Competent Services
The High Authority shall maintain referral procedures for access to:
a) courts and tribunals;
b) legal representation;
c) protective authorities;
d) competent medical services;
e) psychosocial services;
f) emergency accommodation; and
g) documentary and procedural assistance.
Article 11 — Evidentiary Equality
No testimony, complaint, petition, contractual act, property claim or institutional communication shall be disqualified or assigned inferior value solely by reason of the sex of its author.
TITLE IV — CIVIC, EDUCATIONAL, AND ECONOMIC PARTICIPATION
Article 12 — Public Service
Women shall be eligible, according to applicable qualifications, for service within the civil, academic, diplomatic, judicial, economic, territorial, cultural and administrative institutions of Xaragua.
Article 13 — Education
Women and girls shall have equal access to:
a) primary and secondary instruction;
b) higher education;
c) Indigenous history and institutional studies;
d) civic and constitutional formation;
e) scientific and technical training;
f) economic and financial education; and
g) professional preparation.
Article 14 — Economic Capacity
Women possess equal capacity to:
a) own, inherit and administer property;
b) enter contracts;
c) establish enterprises;
d) participate in cooperatives;
e) receive compensation;
f) access authorized financial services;
g) hold intellectual-property rights; and
h) participate in territorial-development revenues.
Article 15 — Territorial Participation
Women of Indigenous and customary communities shall participate in institutional processes concerning ancestral lands, community resources, cultural sites, relocation, environmental protection, maritime resources and territorial-development benefits.
Article 16 — Health and Social Protection
The High Authority shall promote access to competent health information, preventive care, maternal and non-maternal services, mental-health and psychosocial support, disability assistance and protection during illness and old age.
The High Authority shall not directly administer healthcare unless expressly authorized by a separate law.
TITLE V — INDIGENOUS CONTINUITY
Article 17 — Indigenous Status within the Institutional Mandate
The High Authority shall treat Indigenous identity as a current juridical and institutional status.
It shall not classify Indigenous existence exclusively as an archaeological, historical or cultural subject.
Article 18 — Forms of Continuity
Indigenous continuity may be documented through:
a) territorial affiliation;
b) collective identification;
c) community membership;
d) historical continuity;
e) transmitted knowledge;
f) customary practices;
g) Indigenous nomenclature;
h) family and community memory; and
i) participation in the institutions of Xaragua.
Article 19 — Women and Cultural Transmission
The State recognizes the role of women in the transmission of:
a) agricultural and food-production methods;
b) Indigenous foodways;
c) family history and genealogy;
d) oral traditions;
e) territorial knowledge;
f) language and place names;
g) medicinal and environmental knowledge;
h) domestic technologies; and
i) community organization.
Such recognition establishes institutional competence and does not impose a compulsory social function upon individual women.
Article 20 — Freedom of Personal Status and Vocation
Marriage, maternity, domestic service, religious life, public office and cultural representation shall not constitute compulsory conditions of dignity, citizenship or Indigenous status.
TITLE VI — HISTORICAL CLASSIFICATION OF ANACAONA
Article 21 — Official Classification
Anacaona is classified within the constitutional historical record of Xaragua as:
a) a governing cacica;
b) a territorial successor;
c) a diplomatic authority;
d) an organizer of political assembly;
e) an authority in interterritorial relations;
f) a poet and intellectual figure; and
g) a representative of the Indigenous political order suppressed by Spanish colonial force.
Article 22 — Institutional Significance
The historical position of Anacaona establishes that women’s exercise of political and territorial authority possesses an antecedent foundation within the Indigenous order of Xaragua.
Her classification shall not be restricted to literary, commemorative or cultural representation.
TITLE VII — MADELEINE SYLVAIN-BOUCHEREAU
Article 23 — Entry into the Historical and Academic Register
Dr. Madeleine Sylvain-Bouchereau is entered into the Historical and Academic Register of Xaragua as a jurist, sociologist, educator, public intellectual, advocate for women’s civil and political rights, principal founder of the Ligue Féminine d’Action Sociale and scholar of the historical formation of women.
Article 24 — Academic Corpus of Reference
Her academic corpus of reference shall include, subject to documentary availability:
a) Haïti et ses femmes: Une étude d’évolution culturelle;
b) Éducation des femmes en Haïti;
c) La classe moyenne en Haïti;
d) her contributions to La Voix des Femmes;
e) her writings concerning women’s civil and political status; and
f) her educational, sociological and community-development work.
Article 25 — Institutional Chair
The University of Xaragua shall maintain the Madeleine Sylvain-Bouchereau Chair in Women’s Citizenship, Indigenous Origins, and Social Research.
The Chair shall constitute the principal academic institution established under her name.
It shall:
a) preserve and study her works;
b) maintain an authenticated bibliography;
c) conduct research concerning women’s legal and political status;
d) study women’s authority within Indigenous government;
e) examine the transmission of Indigenous culture through women; and
f) publish documentary and academic studies.
Article 26 — Prohibition of Administrative Duplication
No additional office, directorate, commission or program shall be established under the name of Dr. Madeleine Sylvain-Bouchereau unless a distinct permanent competence and operational necessity have been established.
TITLE VIII — ORGANIZATION AND RECORDS
Article 27 — High Commissioner
The High Authority shall be directed by a High Commissioner appointed by the Rector-President.
The High Commissioner shall execute this Law, supervise referrals and registers, coordinate institutional action and submit the annual report.
Article 28 — Essential Administrative Divisions
The High Authority may maintain divisions responsible for:
a) legal protection and access to justice;
b) civic participation and Indigenous continuity;
c) economic and territorial participation; and
d) research and documentation.
No division shall be operational before its formal constitution and assignment of competence.
Article 29 — Registers
The High Authority shall maintain:
a) a Register of Women in Public Service;
b) a Register of Territorial Representation;
c) a confidential Register of Protection Referrals;
d) a Register of Economic and Cooperative Participation;
e) a Register of Historical and Intellectual Contributions; and
f) the Madeleine Sylvain-Bouchereau Bibliographical Register.
Article 30 — Annual Report
The annual report shall address the implementation of legal protection, public participation, education, economic activity, territorial consultation, Indigenous continuity and institutional administration.
TITLE IX — COOPERATION AND FINANCIAL ADMINISTRATION
Article 31 — Cooperation
The High Authority may cooperate with Indigenous peoples, universities, churches, professional organizations, women’s institutions and international bodies.
Every arrangement shall define its purpose, duration, financial conditions, documentary obligations and institutional limits.
Article 32 — Institutional Independence
Cooperation shall not confer constitutional, political or regulatory authority upon an external institution.
No financial contribution shall create control over beneficiaries, protected registers or institutional policy.
Article 33 — Resources
The High Authority may receive authorized appropriations, institutional revenues, donations, grants, development funds and community or diaspora contributions.
All resources shall be recorded and assigned to an authorized institutional function.
TITLE X — FINAL PROVISIONS
Article 34 — Protection against Retaliation
No woman shall suffer institutional retaliation for submitting a complaint, requesting legal assistance, reporting violence, participating in consultation, seeking public office or cooperating with a competent investigation.
Article 35 — Non-Derogation
This Law shall not reduce any greater protection established by another constitutional, civil, criminal, procedural or compatible customary instrument of Xaragua.
Article 36 — Institutional Continuity
The High Authority may be abolished or materially reorganized only by an instrument of equal or superior normative rank providing for the continuation of its records, referrals, obligations and protective functions.
Article 37 — Entry into Force
This Law shall enter into force upon promulgation, registration and deposit with the General Archives of the State.
ANNEX I
SUPREME ACADEMIC DETERMINATION ON THE INDIGENOUS DOCTRINE OF DR. MADELEINE SYLVAIN-BOUCHEREAU AND ITS RECEPTION BY XARAGUA
SECTION I — PURPOSE AND METHOD
Article A.1 — Purpose
This Annex establishes the documented content and constitutional significance of Dr. Madeleine Sylvain-Bouchereau’s treatment of Indigenous peoples, Indigenous government, women’s authority and cultural transmission.
Article A.2 — Distinction of Authority
The Annex distinguishes between:
a) statements and analytical structures documented in the works of Dr. Sylvain-Bouchereau; and
b) constitutional determinations adopted independently by Xaragua.
Historical reliance upon her work shall not be construed as attributing the present constitutional doctrine to her.
SECTION II — INDIGENOUS ORIGINS IN HER HISTORICAL METHOD
Article A.3 — Structure of the Historical Inquiry
In the foreword to Haïti et ses femmes, Dr. Sylvain-Bouchereau states that the first part of the work addresses women’s historical origins.
She organizes that history through four successive fields:
a) the Indian and Spanish period;
b) African tradition;
c) the French period; and
d) the national period.
The placement of the Indian period at the beginning of the inquiry establishes Indigenous society as the first historical field relevant to the formation of women.
Article A.4 — Scope of the Term “Origins”
Her use of historical origins encompasses political institutions, social organization, inherited traditions, cultural practices and the successive influences that formed society.
It does not reduce the formation of women to a single source.
The Indigenous component nevertheless occupies the initial territorial and historical position within her analytical structure.
Article A.5 — Constituent Historical Origin
For purposes of Xaraguayan doctrine, her analytical sequence supports the following determination:
THE INDIGENOUS PEOPLES OF THE ISLAND CONSTITUTE A FOUNDATIONAL COMPONENT OF THE HISTORICAL ORIGINS OF ITS SUBSEQUENT SOCIETY AND OF THE WOMEN EXAMINED WITHIN THAT SOCIETY.
This determination does not classify the Indigenous contribution as the exclusive historical source. It establishes its anterior and constituent status.
SECTION III — THE TAÍNO POLITICAL ORDER
Article A.6 — Pre-Colonial Population
Dr. Sylvain-Bouchereau identifies the Taíno as the principal Indigenous inhabitants of the island at the arrival of Columbus in 1492.
She also records the presence of groups associated with the Ciboney in the southwestern peninsula of Guaicayarima.
Article A.7 — Territorial Government
Her account describes the island as divided into five cacicazgos delimited by natural boundaries.
These cacicazgos possessed settlements, governing authorities, subordinate jurisdictions and mechanisms of external representation.
Article A.8 — Political Institutions
The Taíno political order described in her work included:
a) principal caciques;
b) subordinate caciques governing villages or districts;
c) councils convened in matters of war;
d) rules of succession;
e) public assemblies;
f) territorial boundaries;
g) allocation of land for production;
h) representation in external relations; and
i) religious and ancestral responsibilities attached to government.
Article A.9 — Institutional Classification
Dr. Sylvain-Bouchereau expressly identifies the Indigenous political organization encountered on the island as the most clearly defined in the Antilles.
Her description is incompatible with the classification of the Taíno as a population without political organization.
For purposes of Xaragua, the cacicazgo is therefore classified as an antecedent territorial and governmental institution.
SECTION IV — WOMEN’S GOVERNMENTAL AUTHORITY
Article A.10 — Succession
Dr. Sylvain-Bouchereau records that, under specified Indigenous rules of succession, the sister or wife of a deceased cacique could succeed to political authority.
She identifies women who governed villages and complete cacicazgos.
Article A.11 — Anacaona
Her work classifies Anacaona as:
a) the wife and sister of caciques;
b) a queen exercising authority following their deaths;
c) a person of superior intelligence;
d) a poet; and
e) a woman of State who exercised a significant role in the earliest national history.
Article A.12 — Juridical Consequence
The account demonstrates that women’s political authority was not foreign to the Indigenous order.
The constitutional recognition of women’s eligibility for public and territorial authority in Xaragua therefore possesses an antecedent Indigenous basis.
Article A.13 — Colonial Suppression
The killing of Anacaona and her subjects shall be classified as the suppression of an existing Indigenous governing authority.
It shall not be classified solely as the death of an individual historical figure.
SECTION V — WOMEN AS AGENTS OF INDIGENOUS CONTINUITY
Article A.14 — General Cultural Formation
In the conclusions of Haïti et ses femmes, Dr. Sylvain-Bouchereau states that the successive peoples of the island left their respective imprint and contributed to the formation of its culture.
This formulation recognizes Indigenous contribution within the subsequent cultural order.
Article A.15 — Continuity of Indigenous Practices
Dr. Sylvain-Bouchereau observes that the Indigenous contribution had not been studied in sufficient detail.
She nevertheless identifies material techniques and domestic practices as fields of continuity.
Article A.16 — Function of Women
She identifies women as principal agents through whom certain Indigenous techniques and practices were preserved, including the preparation of Indigenous foods.
The disappearance of Indigenous governmental recognition therefore did not produce the total disappearance of Indigenous cultural content.
Article A.17 — Constitutional Reception
Xaragua classifies intergenerational transmission through women as a legally cognizable mode of Indigenous continuity.
Such continuity may exist through knowledge, practice, terminology, foodways, territorial use and collective memory notwithstanding the absence of continuous colonial recognition.
SECTION VI — XARAGUAYAN DOCTRINE OF CONTINUITY
Article A.18 — Distinction from Colonial Classification
The constitutional identity of Xaragua shall not depend exclusively upon classifications created by colonial or subsequent external administrations.
The failure of an external administration to record Indigenous continuity does not determine its non-existence within the constitutional order of Xaragua.
Article A.19 — Elements of Continuity
Indigenous continuity may be established through the combined existence of:
a) historical territorial origin;
b) collective self-identification;
c) transmitted cultural practices;
d) community memory;
e) Indigenous nomenclature;
f) institutional reconstruction;
g) contemporary organization; and
h) declared affiliation with the Indigenous people of Xaragua.
Article A.20 — Women’s Constitutional Position
Women are classified as constituent participants in Indigenous continuity.
Their status arises from legal personality and membership in the people, not solely from maternity, domestic activity or cultural transmission.
Article A.21 — Historical and Constitutional Sequence
The official sequence applicable to this Annex is:
a) Dr. Sylvain-Bouchereau documents the Indigenous historical foundation;
b) she documents the political authority exercised by Indigenous women;
c) she identifies women as agents of preserved Indigenous practices;
d) Xaragua receives these findings as academic evidence; and
e) Xaragua independently establishes the juridical doctrine of contemporary Indigenous continuity.
SECTION VII — PERMANENT ACADEMIC CLASSIFICATION
Article A.22 — Classification of the Work
Haïti et ses femmes shall be classified within the University of Xaragua as:
a) a foundational work in the history of women;
b) a source concerning Indigenous political organization;
c) a source concerning women’s governmental authority;
d) a study of multiple historical origins;
e) evidence of Indigenous cultural transmission through women; and
f) a principal academic reference for the High Authority.
Article A.23 — Required Documentary Standard
Official publications concerning Dr. Sylvain-Bouchereau shall distinguish her documented statements from subsequent institutional interpretation.
The Indigenous component of her work shall neither be omitted nor expanded beyond the documentary record.
Article A.24 — Archival Responsibility
The University of Xaragua and the General Archives of the State shall maintain:
a) the bibliographical record of her works;
b) copies or references to accessible editions;
c) relevant issues of La Voix des Femmes;
d) academic studies concerning her work;
e) records concerning the Ligue Féminine d’Action Sociale; and
f) Xaraguayan annotations and institutional determinations derived therefrom.
DOCUMENTARY REFERENCES
1. Madeleine Sylvain-Bouchereau, Haïti et ses femmes: Une étude d’évolution culturelle (Port-au-Prince: Les Presses Libres/Éditions Fardin, 1957), Foreword and Part I, Chapter I, pp. v–5. Electronic edition⁠
2. Sylvain-Bouchereau, Haïti et ses femmes, pp. 5–17, concerning the Taíno population, five cacicazgos, political organization, councils, territorial jurisdiction and succession. Searchable text⁠
3. Sylvain-Bouchereau, Haïti et ses femmes, pp. 7–8, concerning succession by women, women governing villages and cacicazgos, and the political classification of Anacaona. Searchable text⁠
4. Sylvain-Bouchereau, Haïti et ses femmes, General Conclusions, pp. 231–232, concerning successive cultural contributions and women’s preservation of Indigenous techniques and domestic practices. Searchable text⁠
5. Bryn Mawr College, Annual Reports of the President, Graduate School record identifying Madeleine Sylvain Bouchereau, the Department of Social Economy, the 1941 conferral and the dissertation Haïti et ses femmes: Une étude d’évolution culturelle. Institutional record⁠
6. University of Florida Digital Collections, Voix des femmes, identifying the periodical as the publication edited by Madeleine Sylvain-Bouchereau and beginning with Volume 1, Number 1, October 1935. Archival catalogue⁠
PROMULGATION
ISSUED AND PROMULGATED BY THE SUPREME CONSTITUTIONAL AUTHORITY OF XARAGUA
PASCAL DESPUZEAU DAUMEC VIAU
Rector-President of Xaragua
Registered and deposited with the General Archives of the State at Miragoâne, Constitutional Capital of Xaragua.

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

MINISTRY OF JUSTICE

HIGH AUTHORITY FOR THE RIGHTS, PARTICIPATION, AND INTERGENERATIONAL CONTINUITY OF THE WOMEN OF XARAGUA

UNIVERSITY OF XARAGUA

GENERAL ARCHIVES OF THE STATE

SUPREME ORGANIC CONSTITUTIONAL LAW

ON THE LEGAL PROTECTION OF WOMEN AND CHILDREN, FAMILY RESPONSIBILITY, THE NATIONAL CHILD-PROTECTION SYSTEM, PROTECTIVE INSTITUTIONS, AND THE SEPARATE ADMINISTRATION OF CIVIC AND MILITARY DISCIPLINE PROGRAMS FOR YOUTH

Official Reference: SCIPS-X/ORP/MOJ/HAW-NCPS/2025-06-24

Date of Enactment: 24 June 2025

Place of Promulgation: Miragoâne, Constitutional Capital of Xaragua

Promulgating Authority: Office of the Rector-President

Central Executing Authority: Ministry of Justice

Specialized Authority for Women: High Authority for the Rights, Participation, and Intergenerational Continuity of the Women of Xaragua

Specialized Authority for Children: National Directorate for the Protection and Development of Children

Authority for Civic and Military Discipline Programs: Ministry of Justice, acting in coordination with the competent judicial, territorial, educational, security, and military authorities designated by implementing decree

Academic and Professional-Training Authority: University of Xaragua

Archival Depositary: General Archives of the State

Constitutional Register: Book III — Persons, Families, Protection, and Social Administration

Administrative Register: National Register of Protective Institutions and Authorized Youth Programs

Legal Classification: Supreme Organic Constitutional Law — Women and Children Protection Act — Family Responsibility Statute — National Child-Protection Code — Protective Institutions Administration Act — Youth Rehabilitation and Reintegration Law — Civic and Military Discipline Programs Enabling Act

Normative Rank: Supreme Organic Constitutional Instrument

Legal Force: Permanent — Directly Applicable — Administratively Executable — Binding upon Every Authority, Office, Institution, Officer, Registry, Program, Facility, Contractor, and Affiliated Body of Xaragua

Territorial Application: All territories, autonomous communities, institutions, public services, educational establishments, protective facilities, youth programs, digital systems, external offices, and authorized operations subject to the constitutional or institutional jurisdiction of Xaragua

PREAMBLE

THE RECTOR-PRESIDENT OF THE SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA,

Exercising the constituent, constitutional, executive, territorial, regulatory, protective, disciplinary, security-supervisory, and institutional authority vested in the Office of the Rector-President;

Acting pursuant to the Constitution, Civil Code, Penal Code, Criminal Procedure Code, Civil Procedure Code, Rights of the Accused Law, territorial instruments, institutional statutes, and regulations of Xaragua;

Determining that the protection of women and children constitutes a permanent responsibility of the State requiring competent authorities, defined jurisdiction, enforceable procedures, professional personnel, protected records, licensed facilities, financial controls, and institutional review;

Recognizing women as persons possessing full legal capacity, equal civil status, bodily integrity, property rights, procedural rights, institutional standing, and access to public functions according to law;

Recognizing every person below eighteen years of age as a child entitled to registration, legal protection, family relations, education, healthcare, procedural safeguards, and development under conditions appropriate to age and legal status;

Establishing that the legal protection of a child shall not depend upon the marital status, religious affiliation, social condition, political status, ancestry, residence, registration status, or conduct of the child’s parents;

Recognizing the family as a principal institution of care, maintenance, education, supervision, socialization, cultural transmission, discipline, and intergenerational responsibility;

Establishing that parental authority constitutes a legally regulated responsibility and shall not confer immunity for abuse, exploitation, coercion, trafficking, unlawful confinement, serious neglect, or interference with legal personality;

Providing for the establishment of a National Child-Protection System distinct from penal detention, military administration, and youth disciplinary jurisdiction;

Providing separately for civic and military discipline programs applicable only to eligible adolescents by reasoned determination of the competent authorities and under an individualized order defining the legal basis, objectives, duration, institutional placement, review, and termination of participation;

Establishing that a protective placement shall not, by itself, constitute authorization for placement in a civic or military discipline program;

Providing for the incorporation of Indigenous language, community affiliation, territorial knowledge, Catholic formation, family relations, civic duty, physical preparation, and cultural continuity within the institutions governed by this Law;

Taking institutional notice of the documented contributions of Dr. Madeleine Sylvain-Bouchereau to law, sociology, education, women’s political citizenship, social reform, community organization, and the historical study of women;

Taking into consideration Articles 7, 14, 17, 21, 22, 31, 33, 34, and 44 of the United Nations Declaration on the Rights of Indigenous Peoples; Articles 2, 3, 6, 7, 17, 23, 24, and 26 of the International Covenant on Civil and Political Rights; Articles 10, 12, and 13 of the International Covenant on Economic, Social and Cultural Rights; Articles 1, 2, 5, 10, 11, 12, 15, and 16 of the Convention on the Elimination of All Forms of Discrimination against Women; Articles 2, 3, 5, 6, 7, 8, 9, 12, 18, 19, 20, 24, 27, 28, 29, 32, 34, 35, 36, 37, 39, and 40 of the Convention on the Rights of the Child; and the applicable provisions of the American Declaration on the Rights of Indigenous Peoples;

DOES HEREBY ENACT, PROMULGATE, AND ORDER THE EXECUTION OF THE PRESENT SUPREME ORGANIC CONSTITUTIONAL LAW.

TITLE I — PURPOSE, SCOPE, AND GOVERNING RULES

Article 1 — Legislative Purpose

This Law establishes the legal, administrative, procedural, financial, territorial, protective, and disciplinary framework governing:

a. protection of women against violence, coercion, exploitation, and unlawful discrimination;

b. the legal status, registration, protection, care, education, and development of children;

c. parental responsibility and family-support measures;

d. reporting, assessment, investigation, referral, adjudication, and monitoring of protection cases;

e. emergency intervention and temporary protective measures;

f. family preservation, alternative care, reunification, rehabilitation, and reintegration;

g. authorization, operation, inspection, and accountability of protective facilities;

h. professional standards applicable to personnel serving women and children;

i. protection of records, personal information, identity, and institutional evidence;

j. territorial, agricultural, maritime, educational, recreational, and cultural programs;

k. the separate establishment and administration of civic and military discipline programs for eligible adolescents;

l. coordination among the Ministry of Justice, specialized authorities, courts, territorial jurisdictions, autonomous communities, educational institutions, security authorities, military authorities, and accredited partner institutions.

Article 2 — Governing Standards

Every decision, measure, placement, program, and administrative act under this Law shall comply with:

a. legality;

b. competent jurisdiction;

c. equality before the institutions of Xaragua;

d. the best interests of the child;

e. the legal and bodily inviolability of women and children;

f. necessity and proportionality;

g. family preservation where compatible with security;

h. individual assessment;

i. written reasons for compulsory measures;

j. procedural review;

k. confidentiality;

l. protection against retaliation;

m. cultural and linguistic accessibility;

n. professional competence;

o. documentary accountability;

p. continuity of care;

q. territorial coordination;

r. institutional separation between protective care and civic or military discipline.

Article 3 — Definitions

For purposes of this Law:

“Abuse” means an act or omission causing or creating a substantial risk of physical, sexual, psychological, developmental, or institutional harm.

“Adolescent” means a child who has attained twelve years of age.

“Alternative care” means an authorized family-based, community-based, foster, residential, therapeutic, or supervised arrangement used where a child cannot safely remain under ordinary parental care.

“Authorized discipline program” means a separately constituted civic or military discipline program approved under Title VIII of this Law.

“Child” means every person below eighteen years of age.

“Child-protection authority” means the Ministry of Justice, the National Directorate for the Protection and Development of Children, a competent court or tribunal, or another authority expressly empowered by law.

“Competent authority” means a court, tribunal, public authority, or designated officer possessing express legal jurisdiction over the decision concerned.

“Family” means a legally, biologically, adoptively, customarily, sacramentally, or socially established relationship involving continuing responsibilities of care, maintenance, filiation, guardianship, protection, or intergenerational support.

“Imminent danger” means a present and objectively supportable risk of death, serious injury, sexual violence, trafficking, disappearance, abandonment, or comparable grave harm requiring immediate action.

“Military discipline” means a structured system of physical preparation, formation, command, punctuality, uniform standards, collective responsibility, field organization, civil-protection readiness, territorial service, and lawful obedience administered by authorized personnel.

“Neglect” means a serious or repeated failure by a responsible person to provide necessities reasonably available to that person, including protection, nourishment, shelter, healthcare, supervision, registration, or education.

“Protective facility” means an authorized establishment providing temporary shelter, residential care, rehabilitation, treatment, supervision, or reintegration services.

“Protective measure” means a lawful administrative or judicial intervention intended to prevent, terminate, or remedy harm.

“Violence” includes physical, sexual, psychological, economic, domestic, institutional, and digital conduct causing or credibly threatening serious harm.

“Woman” means an adult woman falling within the personal, territorial, or institutional jurisdiction of Xaragua.

TITLE II — LEGAL STATUS AND PROTECTION OF WOMEN

Article 4 — Legal Inviolability

The person, life, bodily integrity, liberty, conscience, civil status, property, communications, personal information, and lawful activities of every woman are protected by law.

No family relationship, marriage, custom, office, employment relationship, religious affiliation, territorial position, or private agreement shall extinguish or suspend such protection.

Article 5 — Full Legal Capacity

Women possess full legal capacity to:

a. appear before every competent institution;

b. initiate, defend, settle, and appeal legal proceedings;

c. own, inherit, possess, administer, encumber, and transfer property;

d. enter contracts and establish legal entities;

e. create, own, and manage enterprises;

f. receive remuneration and administer lawful income;

g. obtain education and professional formation;

h. hold public office in accordance with applicable qualifications;

i. participate in community and territorial decisions;

j. give, refuse, or withdraw consent in matters requiring personal consent;

k. access public registers and request correction of records concerning them.

Article 6 — Prohibited Conduct

The following conduct shall be subject to applicable criminal, civil, disciplinary, administrative, or protective provisions:

a. homicide or attempted homicide;

b. sexual assault, sexual abuse, and sexual exploitation;

c. domestic or intimate-partner violence;

d. trafficking;

e. forced marriage;

f. reproductive coercion;

g. unlawful confinement;

h. stalking and credible threats;

i. coercive deprivation of property, documents, communications, or essential resources;

j. non-consensual dissemination of intimate material;

k. obstruction of access to justice;

l. retaliation against a complainant, witness, representative, or protective officer.

Article 7 — Mandatory Institutional Procedures

Every institution exercising authority over employment, education, healthcare, public service, territorial administration, justice, social assistance, or residential care shall maintain procedures for:

a. receiving and registering complaints;

b. assessing immediate risk;

c. preserving evidence;

d. protecting confidential information;

e. making referrals to competent authorities;

f. preventing retaliation;

g. excluding an alleged perpetrator from protective decision-making where required;

h. recording measures adopted;

i. notifying the affected person of available procedures and remedies.

Article 8 — Competence of the High Authority for Women

The High Authority for Women shall:

a. receive complaints and institutional referrals;

b. document conditions affecting women;

c. coordinate access to protective, legal, medical, psychosocial, educational, and economic services;

d. examine public programs and institutional practices;

e. issue recommendations and impact assessments;

f. refer suspected offenses to the Ministry of Justice;

g. transmit urgent protection matters directly to the competent authority;

h. monitor implementation of measures concerning women;

i. publish anonymized institutional reports;

j. maintain the registers assigned by law.

The High Authority shall exercise no criminal adjudication, detention, or judicial competence except where expressly conferred by law.

TITLE III — LEGAL STATUS, REGISTRATION, AND EQUALITY OF CHILDREN

Article 9 — Child-Protection Status

Every person below eighteen years of age falling within the jurisdiction of Xaragua shall be recognized as a child for purposes of protection.

Protective status shall not depend upon:

a. marital status of the parents;

b. recognition by a clan;

c. baptism or religious affiliation;

d. birth within a sacramental or customary union;

e. adoption by a religious or public institution;

f. political affiliation or nationality of the parents;

g. territorial residence;

h. possession of complete identity documents.

Article 10 — Equality of Filiation

All children possess equal civil status and equal entitlement to protection.

Birth outside marriage or another recognized union shall not produce:

a. civil incapacity;

b. reduced protection;

c. exclusion from education or healthcare;

d. disqualification from future public service;

e. loss of identity;

f. automatic exclusion from inheritance;

g. diminished procedural rights;

h. compulsory religious or institutional adoption.

Article 11 — Registration

The competent registry shall record births without discrimination.

The Ministry of Justice shall establish procedures governing:

a. timely registration;

b. late registration;

c. reconstruction of destroyed or inaccessible records;

d. correction of inaccurate records;

e. recognition and contestation of filiation;

f. guardianship and adoption records;

g. protection of confidential information.

Absence of registration shall not extinguish entitlement to protection.

Article 12 — Name, Identity, and Affiliation

Every child is entitled, subject to applicable law, to:

a. a registered name;

b. documentary identity;

c. preservation of nationality or civic affiliation;

d. knowledge of parentage where legally and factually ascertainable;

e. preservation of family relations;

f. preservation of Indigenous, linguistic, cultural, and community affiliation;

g. correction of false, incomplete, or contradictory records through competent procedure.

Article 13 — Adoption, Guardianship, and Kinship Care

Every adoption, guardianship, customary-care arrangement, or kinship placement shall be determined according to:

a. safety;

b. best interests;

c. continuity of identity;

d. suitability of the responsible adult;

e. preservation of sibling and family relations where appropriate;

f. the child’s views according to age and maturity;

g. periodic review where required.

No such arrangement shall be used to obtain labor, property, payment, political allegiance, religious submission, institutional prestige, or control over a child.

Article 14 — Succession and Family Property

A child shall not be deprived of an otherwise applicable inheritance or family-property entitlement solely because the parents were unmarried at conception or birth.

Filiation, succession, customary collective property, matrimonial property, and individual inheritance shall be determined under competent law and admissible evidence.

TITLE IV — FAMILY RESPONSIBILITY AND PARENTAL AUTHORITY

Article 15 — Legal Function of the Family

The family is recognized as a principal institution responsible for:

a. care;

b. maintenance;

c. education;

d. supervision;

e. socialization;

f. personal security;

g. cultural and linguistic transmission;

h. discipline consistent with law;

i. intergenerational support;

j. preparation for civic and economic responsibility.

Article 16 — Parental Authority

Parental authority is a regulated responsibility exercised in the interests of the child.

It includes duties to provide, according to available means:

a. protection;

b. nourishment;

c. shelter;

d. healthcare;

e. education;

f. supervision;

g. registration and documentation;

h. age-appropriate direction and discipline;

i. protection against exploitation;

j. consideration of the child’s views.

Article 17 — Statutory Limits

Parental authority, family privacy, discipline, custom, religion, marital unity, community autonomy, or institutional status shall not constitute a defense for:

a. sexual abuse;

b. severe physical violence;

c. torture or degrading treatment;

d. forced or exploitative labor;

e. trafficking;

f. forced marriage;

g. deliberate denial of essential healthcare;

h. unlawful confinement;

i. destruction or concealment of identity records;

j. concealment of serious criminal conduct;

k. obstruction of a lawful protective investigation.

Article 18 — Priority of Family Support

Poverty, disability, housing insecurity, political opinion, community affiliation, or temporary incapacity shall not alone constitute sufficient grounds for separation.

Before ordering separation, the competent authority shall assess:

a. material assistance;

b. healthcare;

c. psychosocial support;

d. kinship assistance;

e. supervised care;

f. educational support;

g. housing intervention;

h. mediation;

i. an enforceable family-protection plan.

Article 19 — Protective Separation

Separation may be ordered only where:

a. a substantial risk of serious harm has been established;

b. less restrictive measures are unavailable or inadequate;

c. the placement is authorized by a competent authority;

d. the grounds and duration are recorded;

e. the placement is subject to review.

Emergency separation may be executed provisionally and shall be submitted for prompt review.

Article 20 — Family Contact and Reunification

Where compatible with security and the child’s best interests, the responsible authority shall preserve contact with parents, siblings, relatives, community, language, and culture.

Every placement outside the household shall be governed by an individual plan addressing:

a. grounds for placement;

b. required services;

c. family contact;

d. review dates;

e. conditions for reunification;

f. alternative permanent arrangements where reunification is not legally possible.

TITLE V — NATIONAL CHILD-PROTECTION SYSTEM

Article 21 — Establishment

The National Child-Protection System is hereby constituted as a permanent public-protection function administered by the Ministry of Justice through the National Directorate for the Protection and Development of Children.

Article 22 — National Directorate

The National Directorate shall:

a. operate authorized reporting channels;

b. receive, register, and classify reports;

c. conduct preliminary risk assessments;

d. coordinate emergency intervention;

e. refer suspected offenses for investigation and prosecution;

f. obtain medical, psychological, social, educational, and legal assessments;

g. maintain protected case files;

h. prepare family-support, placement, and reintegration plans;

i. supervise authorized placements;

j. inspect protective facilities;

k. coordinate territorial and community services;

l. maintain administrative statistics;

m. report institutional non-compliance.

Article 23 — Reportable Circumstances

A protection report may concern:

a. physical abuse;

b. psychological abuse;

c. sexual abuse or exploitation;

d. abandonment;

e. serious neglect;

f. trafficking or attempted trafficking;

g. forced marriage;

h. hazardous or exploitative labor;

i. recruitment into criminal activity;

j. disappearance;

k. street exposure involving substantial danger;

l. absence of safe adult care;

m. a credible threat to life, bodily integrity, health, liberty, or development.

Article 24 — Duty to Report

Public officers, educators, healthcare personnel, social-service personnel, protective-facility staff, accredited childcare providers, institutional chaplains exercising safeguarding functions, and persons possessing a professional duty of care shall report reasonable grounds to suspect serious abuse, trafficking, abandonment, or imminent danger.

Good-faith reporters shall be protected against retaliation. Knowingly fabricated reports shall be subject to applicable law.

Article 25 — Emergency Protective Action

Where imminent danger exists, the competent authority may adopt the provisional measures strictly necessary to secure the child.

The responsible authority shall record:

a. legal and factual grounds;

b. time and place;

c. participating officers;

d. the child’s condition;

e. the placement ordered;

f. notification or attempted notification of responsible adults;

g. the authority responsible for review.

Article 26 — Investigation Standards

Investigations shall ensure:

a. age-appropriate communication;

b. limitation of repetitive interviews;

c. preservation and chain of custody of evidence;

d. confidentiality;

e. linguistic interpretation;

f. separation of therapeutic care from coercive questioning;

g. procedural rights of affected persons;

h. protection of witnesses;

i. formal recording of findings and decisions.

Article 27 — Participation of the Child

A child capable of expressing a view shall be given an age-appropriate and protected opportunity to be heard concerning protection, placement, healthcare, education, family contact, reunification, and long-term care.

The competent authority shall record how those views were considered.

TITLE VI — PROTECTIVE CARE, REHABILITATION, AND REINTEGRATION

Article 28 — Forms of Protective Care

Protective care may consist of:

a. emergency support within the household;

b. supervised family care;

c. kinship placement;

d. foster care;

e. temporary shelter;

f. residential care;

g. specialized therapeutic placement;

h. supervised independent-living preparation;

i. another measure authorized by law.

Article 29 — Youth Protection and Development Centers

The State may establish Youth Protection and Development Centers providing:

a. secure accommodation;

b. nutrition and clothing;

c. education;

d. healthcare;

e. psychosocial services;

f. recreation and physical activity;

g. authorized family and community contact;

h. cultural and linguistic continuity;

i. individual planning;

j. preparation for reunification, alternative placement, education, employment, or independent adulthood.

Article 30 — Legal Character of Protective Placement

Protective placement constitutes a child-protection measure.

It shall not automatically constitute:

a. a criminal sentence;

b. a correctional order;

c. a military assignment;

d. enrollment in a civic and military discipline program;

e. a declaration of civil incapacity.

Transfer from protective care to an authorized discipline program shall require a separate decision under Title VIII.

Article 31 — Children Accused of Offenses

A child accused of an offense shall retain:

a. presumption of innocence;

b. legal assistance;

c. notification of allegations;

d. age-appropriate procedure;

e. protection against compelled self-incrimination;

f. review by a competent authority;

g. continued education;

h. consideration of rehabilitation and reintegration.

Article 32 — Discipline Within Protective Facilities

Protective facilities may maintain binding internal rules concerning schedules, attendance, hygiene, education, conduct, movement, property, communication, safety, work assignments, and collective responsibilities.

Disciplinary measures shall be authorized, proportionate, documented, and reviewable.

The following are prohibited:

a. torture;

b. sexual punishment;

c. deprivation of food or drinking water;

d. denial of necessary healthcare;

e. prolonged isolation;

f. collective punishment unrelated to collective institutional responsibility;

g. hazardous labor;

h. restraint except where necessary to prevent immediate harm.

TITLE VII — TERRITORIAL, AGRICULTURAL, MARITIME, AND PRACTICAL EDUCATION

Article 33 — National Territorial Education Program

The National Territorial Education and Practical Competence Program is hereby established for authorized youth services.

It shall provide instruction in:

a. land, coastal, riverine, and maritime geography;

b. environmental administration;

c. nutrition and food production;

d. practical life skills;

e. cooperative work;

f. physical education;

g. Indigenous territorial knowledge;

h. disaster preparedness;

i. community service;

j. occupational orientation.

Article 34 — Agricultural Education

Authorized agricultural instruction may include:

a. gardening;

b. fruit cultivation;

c. composting;

d. animal care;

e. agroforestry;

f. aquaculture;

g. soil conservation;

h. watershed protection;

i. food preparation and preservation.

Activities shall be age-appropriate, supervised, recorded, and incorporated into an approved educational or service plan.

Article 35 — Maritime and Outdoor Education

Authorized programs may include:

a. swimming;

b. rowing;

c. sailing;

d. canoeing;

e. traditional boatbuilding;

f. coastal and river navigation;

g. hiking;

h. equestrian activities;

i. ecological fieldwork;

j. territorial expeditions.

Programs shall maintain personnel, equipment, medical, meteorological, transportation, communications, and emergency standards prescribed by regulation.

Article 36 — Recreation and Cultural Formation

Residential and long-term programs shall provide regulated access to rest, reading, music, arts, sport, cultural instruction, authorized communications, and private time consistent with institutional security.

TITLE VIII — NATIONAL CIVIC AND MILITARY DISCIPLINE PROGRAM

Article 37 — Separate Establishment

The National Civic and Military Discipline Program for Youth is hereby established as a specialized and separate public program.

It shall not form part of ordinary child-protection placement and shall maintain separate:

a. legal authority;

b. admission decisions;

c. personnel designation;

d. institutional records;

e. premises or administratively segregated units;

f. command regulations;

g. training curricula;

h. review procedures;

i. completion and discharge orders.

Article 38 — Competent Decision

An adolescent may be admitted only pursuant to an individualized, written, and reasoned decision issued by:

a. a competent youth court or tribunal;

b. the Ministry of Justice acting within an express statutory power;

c. another authority specifically designated by constitutional law or implementing decree.

No parent, school, military officer, protective facility, private organization, or local official may independently impose placement in the Program.

Article 39 — Eligibility

The competent authority may consider admission where the adolescent:

a. is subject to a lawful youth-justice measure;

b. demonstrates persistent serious indiscipline presenting a documented risk to personal or public security;

c. requires structured rehabilitation following participation in criminal activity;

d. is approved for a national-service preparation track;

e. voluntarily seeks structured civic and military formation with required authorization;

f. meets another statutory eligibility ground established by implementing regulation.

The decision shall consider age, maturity, health, conduct, educational condition, family circumstances, territorial environment, security risk, and capacity to participate.

Article 40 — Required Admission Order

Every admission order shall specify:

a. legal basis;

b. factual findings;

c. institutional objectives;

d. duration;

e. designated facility or unit;

f. educational requirements;

g. physical and medical restrictions;

h. contact with family or authorized representatives;

i. review date;

j. discharge conditions;

k. authority responsible for supervision.

Article 41 — Program Objectives

The Program shall provide structured formation in:

a. discipline;

b. punctuality;

c. physical conditioning;

d. personal hygiene and maintenance;

e. respect for lawful command;

f. civic responsibility;

g. territorial service;

h. emergency response;

i. disaster assistance;

j. first aid;

k. communications;

l. navigation and field orientation;

m. agriculture and logistical support;

n. teamwork;

o. leadership;

p. Indigenous history and public institutions;

q. Catholic moral and civic formation;

r. preparation for lawful public, security, civil-protection, or military service.

Article 42 — Command and Personnel

The Program may be administered by authorized active or retired military personnel, veterans, civil-protection officers, educators, healthcare personnel, psychosocial counsellors, chaplains, territorial instructors, and other qualified specialists.

The chain of command, ranks, duties, disciplinary powers, reporting requirements, and limits of authority shall be prescribed by regulation.

All personnel shall remain individually accountable for acts performed under color of authority.

Article 43 — Military Discipline

Authorized military discipline may include:

a. regulated daily schedules;

b. inspections;

c. uniform requirements;

d. drill;

e. physical conditioning;

f. formation and marching;

g. assigned duties;

h. barracks or unit maintenance;

i. field exercises;

j. supervised survival instruction;

k. land and maritime navigation;

l. first-aid and evacuation exercises;

m. civil-protection simulations;

n. command-response training;

o. collective operational tasks;

p. corrective physical training within prescribed limits.

Article 44 — Training Classification

Training shall be classified by implementing regulation as:

a. civic formation;

b. physical preparation;

c. territorial service;

d. civil protection;

e. emergency response;

f. maritime preparation;

g. field discipline;

h. introductory military formation;

i. advanced preparation reserved for persons meeting the applicable age and legal conditions.

Access to weapons, live ammunition, explosives, or combat deployment shall not arise from enrollment alone and shall require distinct legal authorization, age eligibility, certified instruction, secure facilities, and direct supervision.

Article 45 — Disciplinary Measures

The Program may impose regulated disciplinary measures, including:

a. warning;

b. additional instruction;

c. corrective drill;

d. corrective physical exercise within medical and regulatory limits;

e. restriction of privileges;

f. additional maintenance duties;

g. reassignment within the program;

h. formal probation;

i. suspension;

j. discharge;

k. referral to the competent judicial or administrative authority.

Every material sanction shall be entered into the participant’s program record.

Article 46 — Prohibited Measures

No disciplinary authority may impose:

a. torture;

b. sexual violence or sexualized punishment;

c. deliberate deprivation of food, water, sleep, or necessary healthcare;

d. punishment intended to cause permanent injury;

e. unauthorized confinement;

f. forced participation in unlawful activity;

g. deployment into armed hostilities without distinct lawful authority;

h. destruction of identity or educational records;

i. retaliation for reporting abuse;

j. punishment exceeding the competence conferred by regulation.

Article 47 — Medical and Institutional Control

Every participant shall receive:

a. pre-admission medical assessment;

b. periodic health review;

c. access to necessary healthcare;

d. an educational plan;

e. a physical-training classification;

f. an identified supervising authority;

g. access to a confidential complaint mechanism;

h. periodic review of continued participation.

Article 48 — Duration and Review

Participation shall continue only for the period authorized by the admission order.

The competent authority may continue, modify, suspend, or terminate participation after review of:

a. attendance;

b. conduct;

c. educational progress;

d. physical condition;

e. disciplinary record;

f. security considerations;

g. program objectives;

h. family and territorial circumstances;

i. recommendations of authorized personnel.

Article 49 — Completion and Discharge

Completion shall be certified by an official order identifying:

a. period of participation;

b. training completed;

c. qualifications obtained;

d. conduct assessment;

e. educational credits where applicable;

f. recommendations for further education, civil protection, public service, employment, or eligible military preparation.

Completion shall not automatically confer military rank, public office, security clearance, or membership in an armed formation.

Article 50 — Institutional Separation

Protective authorities and Program authorities shall maintain separate case files, budgets, command structures, personnel assignments, and legal decisions.

A child receiving protective services may enter the Program only through the procedure established by Articles 38 to 40.

A Program participant requiring protection from abuse, neglect, illness, or institutional misconduct shall receive the full protection of Titles III to VI without loss of legal status.

TITLE IX — EDUCATION, TECHNOLOGY, AND PROFESSIONAL STANDARDS

Article 51 — Educational Continuity

No protective or disciplinary placement shall terminate education.

The responsible institution shall maintain enrollment or equivalent instruction, educational records, periodic assessment, disability accommodation, academic progression, and access to vocational or technical preparation.

Article 52 — Artificial-Intelligence Systems

Artificial-intelligence systems may be used for education, tutoring, translation, accessibility, administrative classification, logistical planning, and non-determinative assessment.

They shall not independently make final decisions concerning custody, protective removal, admission to the National Civic and Military Discipline Program, clinical treatment, criminal responsibility, disciplinary liability, or termination of legal rights.

Every material decision shall remain attributable to an identified human authority.

Article 53 — Personnel Standards

Persons having direct or regular authority over women or children shall undergo:

a. identity verification;

b. relevant background review;

c. definition of functions;

d. safeguarding instruction;

e. confidentiality training;

f. emergency preparation;

g. continuing supervision;

h. periodic performance assessment.

TITLE X — REPUTATION, CONFIDENTIALITY, AND PUBLIC COMMUNICATIONS

Article 54 — Applicable Legal Protection

Women, children, parents, families, complainants, witnesses, participants, personnel, and public officers shall receive applicable protection against:

a. defamation;

b. credible threats;

c. targeted harassment;

d. unlawful disclosure of confidential information;

e. incitement to violence;

f. witness intimidation;

g. obstruction of justice;

h. malicious exposure of protected personal data.

Liability shall require establishment of the legal elements of the applicable offense or civil wrong.

Article 55 — Protected Identity of Children

Identifying information shall not be unlawfully published concerning:

a. a child subjected to sexual abuse or exploitation;

b. a child under protective placement;

c. a child witness whose security may be compromised;

d. confidential adoption or guardianship proceedings;

e. protected medical or psychosocial records;

f. the protected location of a child;

g. confidential disciplinary or rehabilitation records.

Article 56 — External Organizations and Operators

An external organization, contractor, media body, religious institution, academic entity, or individual may be denied authorization or institutional cooperation where competent evidence establishes trafficking, exploitation, unlawful data collection, interference with a protection case, unauthorized operation of a facility, obstruction of an investigation, false representation of authority, or material violation of safeguarding conditions.

TITLE XI — LICENSING, INSPECTION, AND ACCOUNTABILITY

Article 57 — Authorization of Facilities and Programs

No protective facility or civic and military discipline program may operate in the name of Xaragua without:

a. a constituting or licensing instrument;

b. an identified responsible authority;

c. defined jurisdiction;

d. safeguarding and disciplinary regulations;

e. qualified personnel;

f. health, sanitation, and fire-safety measures;

g. financial records;

h. case-management procedures;

i. confidential complaint procedures;

j. emergency and evacuation plans;

k. an inspection system.

Article 58 — Inspection Authority

Every authorized facility and program shall be subject to scheduled and unannounced inspection covering safety, accommodation, sanitation, nutrition, personnel, discipline, healthcare, education, finances, complaints, family contact, individual plans, incident reports, training conditions, and compliance with authorization.

Article 59 — Independent Complaints

Every child or adolescent in protective care or an authorized discipline program shall have confidential access to a complaints mechanism outside the direct chain of command or daily management.

A complaint shall not produce retaliatory punishment, loss of services, adverse classification, restriction of lawful contact, or retaliatory transfer.

Article 60 — Serious-Incident Reporting

Death, disappearance, serious injury, alleged sexual abuse, suspected trafficking, attempted suicide, unlawful restraint, major use of force, riot, fire, evacuation, credible retaliation, unauthorized weapons access, or unlawful disclosure of protected records shall be reported immediately to the Ministry of Justice.

Article 61 — Review of Restrictive Measures

Removal from a household, prolonged placement, restriction of family contact, involuntary clinical intervention, physical restraint, admission to a compulsory discipline program, or comparable limitation of liberty shall be subject to periodic review by a competent authority.

TITLE XII — FINANCING AND AUTHORIZED PARTNERSHIPS

Article 62 — Funding

Programs and institutions established under this Law may receive resources through appropriations authorized by Xaragua, territorial and institutional funds, lawful donations and grants, assessed family contributions, authorized placement agreements, philanthropic partnerships, cooperation with the Jacqueline Viaud Foundation, and other sources approved by the competent financial authority.

Article 63 — Protection Independent of Financial Means

Emergency protection, food, shelter, necessary healthcare, basic education, and essential protective services shall not be denied because a child or family lacks financial means.

Article 64 — Jacqueline Viaud Foundation

The Jacqueline Viaud Foundation is recognized as an authorized philanthropic and program-support partner in protection, emergency assistance, shelter, education, psychosocial services, prevention, family assistance, rehabilitation, and reintegration.

Any exercise of custodial, investigative, regulatory, disciplinary, or compulsory authority shall require express legal authorization.

Article 65 — Financial Control

Every receiving institution shall maintain accounts, source-of-funds records, expenditure records, procurement documentation, designated-purpose controls, and periodic financial reports.

Financial contribution shall confer no ownership or personal authority over a protected person or Program participant.

TITLE XIII — DATA, REGISTERS, AND ARCHIVES

Article 66 — Confidentiality

Records concerning protection, health, psychosocial services, adoption, guardianship, violence, family intervention, placement, discipline, rehabilitation, and reintegration are confidential.

Access shall be limited to authorized persons and competent authorities.

Article 67 — National Registers

The Ministry of Justice shall maintain or supervise:

a. the National Register of Authorized Protective Institutions;

b. the Protected Child-Protection Case Register;

c. the National Register of Authorized Civic and Military Discipline Programs;

d. the Register of Admission, Review, Completion, and Discharge Orders;

e. the Serious Incident Register;

f. the Register of Accredited Personnel and Service Providers;

g. the Register of Authorized Placements;

h. the Register of Inspections and Corrective Orders;

i. the Register of Implementing Instruments.

Article 68 — General Archives

The General Archives of the State shall preserve the authoritative text of this Law, implementing instruments, institutional reports, anonymized statistics, official records concerning women and children, authorized documentation concerning Dr. Madeleine Sylvain-Bouchereau, and permanent administrative records required by law.

TITLE XIV — ADMINISTRATION AND EXECUTION

Article 69 — Central Coordination

The Ministry of Justice shall coordinate implementation with the High Authority for Women, the National Directorate for the Protection and Development of Children, competent courts and tribunals, the University of Xaragua, territorial authorities, autonomous Indigenous community authorities, healthcare services, security authorities, military authorities, and accredited institutions.

Article 70 — Implementing Regulations

The Ministry of Justice shall issue or submit for promulgation regulations governing:

a. reporting and triage;

b. emergency intervention;

c. investigation and referral;

d. protective placement;

e. family support and reunification;

f. facility licensing;

g. personnel screening and certification;

h. inspection;

i. internal discipline;

j. confidential records;

k. serious incidents;

l. territorial and practical education;

m. admission to civic and military discipline programs;

n. command authority and training levels;

o. physical standards and medical supervision;

p. disciplinary measures and review;

q. completion and discharge;

r. annual reporting.

Article 71 — Operational Status

No authority, hotline, center, shelter, unit, residential facility, territorial service, or civic and military discipline program shall be represented as operational before formal constitution, appointment of responsible officers, adoption of procedures, assignment of personnel, allocation of resources, definition of jurisdiction, establishment of an official contact mechanism, and registration.

Article 72 — Annual Report

The Ministry of Justice shall prepare an annual consolidated report recording protection reports, interventions, placements, family-support measures, reunifications, inspections, serious incidents, corrective orders, personnel certifications, discipline-program admissions and completions, expenditure, implementation deficiencies, and administrative recommendations.

Public reports shall use anonymized information.

TITLE XV — SUPREMACY AND FINAL PROVISIONS

Article 73 — Supremacy

Any subordinate regulation, administrative direction, institutional policy, customary rule, contractual clause, facility practice, command order, or program requirement inconsistent with this Law shall be inapplicable within the constitutional order of Xaragua to the extent of the inconsistency.

Article 74 — Interpretation

This Law shall be interpreted according to constitutional legality, competent authority, family responsibility, protection of women and children, equality of civil status, Indigenous cultural continuity, procedural review, public security, institutional discipline, documentary accountability, and unity of administration.

Article 75 — Entry into Force

This Law shall enter into force upon promulgation, registration in the Constitutional Register, certification by the General Archives of the State, and publication in the Official Gazette of Xaragua.

SUPREME EXECUTORY ORDER

The Ministry of Justice is ordered to:

a. establish the National Directorate for the Protection and Development of Children;

b. constitute the required registers;

c. prepare the implementing regulations;

d. designate responsible officers;

e. identify authorized referral services;

f. establish licensing and inspection procedures;

g. prepare standardized forms;

h. establish the regulatory framework of the National Civic and Military Discipline Program;

i. determine the competent admission and review authorities;

j. submit implementation reports to the Office of the Rector-President;

k. deposit all implementing instruments with the General Archives of the State.

All authorities, institutions, territorial jurisdictions, autonomous community bodies, educational establishments, protective facilities, authorized discipline programs, contractors, and affiliated organizations of Xaragua shall execute this Law within their respective competence.

ISSUED, PROMULGATED, CERTIFIED, AND ORDERED FOR EXECUTION

By the supreme constitutional authority of the Rector-President,

PASCAL DESPUZEAU DAUMEC VIAU

Rector-President of Xaragua

Issued at Miragoâne, Constitutional Capital of the Sovereign Catholic Indigenous and Private State of Xaragua.

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

MINISTRY OF JUSTICE

HIGH AUTHORITY FOR THE RIGHTS, PARTICIPATION, AND INTERGENERATIONAL CONTINUITY OF THE WOMEN OF XARAGUA

NATIONAL DIRECTORATE FOR THE PROTECTION AND DEVELOPMENT OF CHILDREN

NATIONAL CIVIC AND MILITARY DISCIPLINE PROGRAM FOR YOUTH

UNIVERSITY OF XARAGUA

GENERAL ARCHIVES OF THE STATE

OFFICIAL GAZETTE OF XARAGUA

CERTIFICATE OF CONSTITUTIONAL REGISTRATION

The General Archives of the State certifies that the present Supreme Organic Constitutional Law has been:

ENACTED

PROMULGATED

REGISTERED

CLASSIFIED

CERTIFIED

ORDERED FOR EXECUTION

PERMANENTLY ARCHIVED

OFFICIAL STATE CLASSIFICATION:

WOMEN — CHILDREN — FAMILY RESPONSIBILITY — PROTECTIVE ADMINISTRATION — CIVIC AND MILITARY DISCIPLINE — JUDICIAL CONTROL

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA
OFFICE OF THE RECTOR-PRESIDENT
SUPREME CONSTITUTIONAL AUTHORITY
MINISTRY OF THE FAMILY
ROYAL CATHOLIC ORDER
GENERAL ARCHIVES OF THE STATE
SUPREME ORGANIC CONSTITUTIONAL LAW
ON THE PERMANENT INSTITUTION OF THE MINISTRY OF THE FAMILY, THE LEGAL ORDER OF MARRIAGE, FILIATION, PARENTAL RESPONSIBILITY, CHILD PROTECTION, GUARDIANSHIP, FAMILY REGISTRATION, SUCCESSION, INDIGENOUS FAMILY CUSTOM, AND THE PROMULGATION OF THE FAMILY CODE OF XARAGUA
Official Reference: SCIPS-X/ORP/MF/FAM-CODE/2025-05-23
Date of Promulgation: 23 May 2025
Seat of Promulgation: Miragoâne
Legal Classification: Supreme Organic Constitutional Law — Ministerial Institution Act — Family Code — Indigenous Family-Law Instrument — Catholic Institutional Coordination Act — Civil-Status and Intergenerational Continuity Instrument
PREAMBLE
The Sovereign Catholic Indigenous and Private State of Xaragua,
ACTING through the Office of the Rector-President in the exercise of the constituent, constitutional and institutional authority vested in the State;
RECOGNIZING the family as a fundamental and permanent institution through which personal status, filiation, parental responsibility, care, inheritance, intergenerational continuity and the transmission of collective identity are legally organized;
RECALLING Article 16(3) of the Universal Declaration of Human Rights, according to which the family constitutes the natural and fundamental group unit of society and is entitled to protection by society and the State;
RECALLING Articles 23 and 24 of the International Covenant on Civil and Political Rights concerning protection of the family, marriage, children, birth registration, name and nationality;
RECALLING Article 10 of the International Covenant on Economic, Social and Cultural Rights concerning the widest possible protection and assistance to the family, particularly while it is responsible for the care and education of dependent children;
TAKING ACCOUNT of Articles 3, 4, 5, 9, 18, 20, 22, 33, 34 and 35 of the United Nations Declaration on the Rights of Indigenous Peoples, which respectively address self-determination, autonomy or self-government, maintenance and strengthening of distinct political, legal, economic, social and cultural institutions, membership in Indigenous communities, participation in decision-making, maintenance of Indigenous institutions, particular attention to Indigenous women and children, determination of identity or membership, maintenance of institutional structures and juridical systems or customs, and the responsibilities of individuals toward their communities;
TAKING ACCOUNT in particular of Article 34 of the United Nations Declaration on the Rights of Indigenous Peoples, recognizing the right of Indigenous peoples to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, where they exist, juridical systems or customs;
TAKING ACCOUNT of Article 35 of that Declaration concerning the determination of responsibilities of individuals toward their communities;
RECALLING Article VI of the American Declaration on the Rights of Indigenous Peoples concerning collective rights and the maintenance of Indigenous systems and institutions;
RECOGNIZING the Catholic institutional character of Xaragua and the distinct competence of ecclesiastical institutions in matters properly belonging to Catholic doctrine, worship, sacramental discipline and pastoral government;
TAKING ACCOUNT, for the Catholic religious sphere, of Canons 1055–1165 of the Codex Iuris Canonici concerning marriage, including Canon 1055 concerning the matrimonial covenant, Canon 1057 concerning matrimonial consent, Canons 1063–1072 concerning pastoral preparation and matters preceding marriage, Canons 1108–1123 concerning canonical form and the recording of marriage, and Canons 1134–1140 concerning the effects of marriage under canon law;
RECOGNIZING that temporal registration of family status, judicial determination of civil rights, sacramental celebration and Indigenous customary recognition constitute distinguishable functions which may cooperate without being institutionally confused;
DETERMINING that the family law of Xaragua must remain intelligible to the population, administratively executable according to the actual institutional capacity of the State, and sufficiently precise to establish rights, obligations, records and competent authorities;
HEREBY ESTABLISHES the Ministry of the Family and promulgates the Family Code of Xaragua.
TITLE I
CONSTITUTIONAL INSTITUTION OF THE MINISTRY OF THE FAMILY
ARTICLE 1 — ESTABLISHMENT
The Ministry of the Family is hereby permanently instituted as a constitutional ministry of the Sovereign Catholic Indigenous and Private State of Xaragua.
The Ministry constitutes the principal administrative authority of the State for the implementation of legislation concerning:
a) marriage and family status;
b) births and filiation;
c) parental responsibility;
d) adoption;
e) guardianship;
f) protection of children and dependent family members;
g) family registration;
h) family mediation;
i) genealogical and intergenerational records having legal relevance; and
j) such succession-related family matters as are assigned to it by law.
The Ministry exercises administrative authority. Judicial disputes remain within the competence of the courts established by the constitutional and procedural law of Xaragua.
Sacramental and properly ecclesiastical matters remain within the competence of the appropriate Catholic authority.
Indigenous customary institutions retain their proper functions where recognized by the Constitution, this Code or another law of Xaragua.
ARTICLE 2 — CONSTITUTIONAL PURPOSE
The Ministry shall secure continuity and legal certainty in matters affecting the family and shall maintain an institutional mechanism by which births, marriages, filiation, adoption, guardianship, deaths and other legally relevant family events may be recorded, authenticated and preserved.
Its mandate shall be interpreted consistently with the protection of family and children reflected in Article 16(3) of the Universal Declaration of Human Rights, Articles 23 and 24 of the International Covenant on Civil and Political Rights and Article 10 of the International Covenant on Economic, Social and Cultural Rights.
ARTICLE 3 — INDIGENOUS INSTITUTIONAL FOUNDATION
The Ministry shall exercise its mandate with respect for the right of the Indigenous People of Xaragua to maintain and develop its institutions, customs, community relationships and rules of intergenerational responsibility.
For purposes of the internal law of Xaragua, particular interpretative consideration shall be given to Articles 5, 18, 20, 33, 34 and 35 of the United Nations Declaration on the Rights of Indigenous Peoples.
Indigenous family custom may accordingly constitute a source of internal law where:
a) the custom is sufficiently established;
b) it concerns a matter in which customary law is recognized;
c) its application can be determined with sufficient legal certainty; and
d) it has not been displaced by an express constitutional provision or statute governing the particular matter.
ARTICLE 4 — MINISTER OF THE FAMILY
The Ministry shall be headed by the Minister of the Family.
The Minister shall be appointed and removed according to the constitutional authority of the Rector-President.
The Minister shall:
a) administer this Code;
b) maintain the Family Register;
c) authorize competent registrars and officers;
d) authenticate ministerial instruments;
e) establish necessary administrative forms;
f) supervise registration procedures;
g) refer contested matters to the competent judicial authority;
h) coordinate with the Royal Catholic Order where a matter contains a religious component;
i) consult competent Indigenous authorities where customary family law is material to a determination; and
j) report upon the administration of family law to the Rector-President.
ARTICLE 5 — PRINCIPLE OF ADMINISTRATIVE SUFFICIENCY
The Ministry shall perform its constitutional functions through the Minister and such registrars, delegates and authorized officers as are necessary for the effective administration of this Code.
Several administrative functions may lawfully be exercised by the same competent officer.
Territorial or community representatives may be authorized to receive declarations, transmit records and certify facts where access to the central Ministry would otherwise be impracticable.
An administrative act shall derive its validity from lawful competence, proper procedure and authentication, and not from the multiplication of administrative offices.
TITLE II
GENERAL PRINCIPLES OF FAMILY LAW
ARTICLE 6 — LEGAL PROTECTION OF THE FAMILY
The family is recognized as a fundamental institution of the Xaraguayan legal order.
The State shall protect:
a) family stability;
b) legal certainty of marriage and filiation;
c) motherhood and fatherhood;
d) children;
e) persons subject to lawful guardianship;
f) elderly and dependent family members;
g) legitimate family property interests;
h) intergenerational continuity; and
i) Indigenous family and kinship structures recognized by law.
This provision shall be interpreted consistently with Article 16(3) of the Universal Declaration of Human Rights, Article 23 of the International Covenant on Civil and Political Rights and Article 10 of the International Covenant on Economic, Social and Cultural Rights.
ARTICLE 7 — LEGAL PERSONALITY OF FAMILY MEMBERS
Family membership shall not extinguish the legal personality of any person.
Marriage, parenthood, guardianship, kinship or customary authority shall produce only those powers, rights and obligations established by law.
No family office shall itself constitute authority to appropriate the property, identity or legal personality of another family member.
ARTICLE 8 — BEST INTERESTS AND PROTECTION OF CHILDREN
In every administrative or judicial decision directly determining custody, guardianship, adoption or protection of a child, the protection and best interests of the child shall constitute a primary consideration.
This principle shall be read in conjunction with Article 24 of the International Covenant on Civil and Political Rights and Article 22(2) of the United Nations Declaration on the Rights of Indigenous Peoples in matters concerning Indigenous children.
The child's family, cultural, linguistic, Indigenous and community relationships may be considered in determining the form of protection most appropriate to the circumstances.
TITLE III
MARRIAGE
ARTICLE 9 — MARRIAGE
Marriage constitutes a legally recognized family union established by the free consent of persons possessing the legal capacity to marry.
No multiplication of matrimonial classifications shall be required merely because a marriage also possesses Catholic, customary, genealogical or community significance.
For purposes of the law of Xaragua, a marriage recognized pursuant to this Code is registered as a marriage.
ARTICLE 10 — CONSENT
No marriage shall be recognized without the free and personal consent required by law.
Consent obtained through coercion, violence or substitution of persons shall not constitute valid consent for purposes of State registration.
The principle of free matrimonial consent corresponds, within their respective legal spheres, to Article 23(3) of the International Covenant on Civil and Political Rights and Canon 1057 of the Codex Iuris Canonici.
ARTICLE 11 — CAPACITY
Before registration, the competent authority shall establish with reasonable certainty:
a) the identity of each party;
b) the legal capacity of each party;
c) the absence of a marriage already subsisting where such marriage would constitute an impediment;
d) the existence of consent; and
e) the fact of celebration or other act legally establishing the marriage.
ARTICLE 12 — FORM OF CELEBRATION
A marriage may be established for purposes of registration through a form recognized by the law of Xaragua.
The record may indicate that the marriage was:
a) celebrated according to Catholic rites;
b) accompanied by a recognized Indigenous customary ceremony; or
c) celebrated under another legal order and subsequently recognized.
Such notation identifies the circumstances of the marriage. It does not create separate classes of marriage unless an express provision of substantive law attaches a specific consequence to the fact recorded.
TITLE IV
ROYAL CATHOLIC ORDER AND CATHOLIC MARRIAGE
ARTICLE 13 — PROPER COMPETENCE OF THE ROYAL CATHOLIC ORDER
The Royal Catholic Order is recognized, within the institutional order of Xaragua, as possessing its own religious and pastoral functions concerning marriage and family life.
Within its proper competence and subject to the ecclesiastical law applicable to it, the Royal Catholic Order may:
a) provide Catholic instruction concerning marriage;
b) prepare persons requesting Catholic marriage;
c) examine religious prerequisites for celebration;
d) celebrate or solemnize marriages through persons possessing the necessary ecclesiastical faculty or authority;
e) provide nuptial blessings and other lawful liturgical acts;
f) maintain ecclesiastical marriage records;
g) issue attestations concerning religious acts actually performed by it;
h) provide pastoral counseling to spouses and families;
i) conduct catechesis concerning marriage, parenthood and family responsibilities; and
j) preserve ecclesiastical records relating to family life.
These functions shall be understood, in the Catholic sphere, with reference to Canons 1055–1165 of the Codex Iuris Canonici and particularly Canons 1063–1072 concerning pastoral preparation for marriage and Canons 1108–1123 concerning canonical form and recording.
ARTICLE 14 — INSTITUTIONAL DISTINCTION
The Royal Catholic Order shall not constitute the supreme administrative authority of the Ministry of the Family.
The Ministry shall not constitute the supreme ecclesiastical authority of the Royal Catholic Order.
The Ministry determines State registration and administrative family status according to Xaraguayan law.
The competent judicial authority determines contested temporal legal rights.
The Royal Catholic Order determines matters falling within its proper religious, liturgical, pastoral and ecclesiastical competence.
Indigenous authorities determine or attest customary facts within the competence recognized to them by law.
Cooperation between those institutions shall not merge their respective jurisdictions.
ARTICLE 15 — CATHOLIC CELEBRATION AND STATE REGISTRATION
Where a marriage has been celebrated by the Royal Catholic Order, the competent celebrant or authorized officer may transmit an authenticated record of celebration to the Ministry of the Family.
Upon verification of the requirements of this Code, the Ministry shall enter the marriage in the Family Register.
The religious record shall remain an ecclesiastical instrument.
The entry in the Family Register shall remain an instrument of State family registration.
The same marriage may therefore possess both an ecclesiastical record and a State record without confusion between the legal character of those instruments.
TITLE V
FAMILY REGISTER OF XARAGUA
ARTICLE 16 — ESTABLISHMENT
There is hereby established the Family Register of Xaragua.
The Register constitutes the authoritative administrative repository, within the legal order of Xaragua, for family-status acts registered under this Code.
ARTICLE 17 — MATTERS REGISTERED
The Register may contain:
a) births;
b) names;
c) filiation;
d) marriages;
e) adoption;
f) guardianship;
g) legally established modifications of family status;
h) deaths;
i) family relationships legally relevant to succession; and
j) other matters expressly designated by law.
ARTICLE 18 — BIRTH, NAME AND FILIATION
Every birth registered under Xaraguayan jurisdiction shall, so far as reasonably ascertainable, identify:
a) the child;
b) date and place of birth;
c) the child's legally recognized name;
d) legally established filiation; and
e) such additional information as is required for identification.
The protection of birth registration and identity shall be interpreted with particular reference to Article 24(2) of the International Covenant on Civil and Political Rights.
ARTICLE 19 — INDIGENOUS NAMES AND FAMILY IDENTITY
Indigenous personal names, family names, ancestral names and customary forms of identification may be recorded where they provide sufficient identification of the person concerned.
This provision gives internal institutional effect to the principle reflected in Articles 9 and 33 of the United Nations Declaration on the Rights of Indigenous Peoples concerning Indigenous identity and membership.
ARTICLE 20 — FORM AND PRESERVATION
The Family Register may be maintained electronically, physically or in both forms.
Certified archival copies may be deposited with the General Archives of the State.
Measures shall be established against destruction, fraudulent alteration, unauthorized access and falsification.
The loss of an original register shall not extinguish a legally established family status where that status can be reconstructed from reliable evidence.
TITLE VI
FILIATION, PARENTHOOD AND CHILDREN
ARTICLE 21 — FILIATION
Filiation may be established through:
a) birth;
b) legal acknowledgment;
c) adoption;
d) judicial determination; or
e) another method expressly recognized by Xaraguayan law.
Once legally established, filiation shall be entered in the Family Register.
ARTICLE 22 — PARENTAL RESPONSIBILITY
Mother and father bear legal responsibility, according to their respective circumstances, for the protection, maintenance, education and upbringing of their minor children.
Parental authority constitutes an office of responsibility toward the child and shall be exercised for the child's protection and development.
ARTICLE 23 — EDUCATION, CULTURE AND TRANSMISSION
Parents and families retain a principal role in the transmission of family history, religion, Indigenous identity, language, customs and cultural knowledge, subject to the constitutional order of Xaragua.
The State shall recognize the importance of intergenerational cultural transmission, including the principles reflected in Articles 13, 14, 31, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.
ARTICLE 24 — PROTECTION AGAINST ABANDONMENT AND EXPLOITATION
No claim of parental, marital, customary, religious or guardianship authority shall constitute a defense to abandonment of a dependent child, trafficking, sexual exploitation, severe physical abuse or another offense defined by the Penal Code.
Where immediate protection is required, the competent authority may order provisional measures subject to judicial review according to the procedural law of Xaragua.
TITLE VII
ADOPTION AND GUARDIANSHIP
ARTICLE 25 — ADOPTION
Adoption establishes a legal relationship of parent and child according to the act or judgment by which it is constituted.
No adoption shall be registered unless the competent authority is satisfied as to:
a) identity;
b) legal authority;
c) consent where required;
d) the legal status created by the adoption; and
e) protection of the child concerned.
ARTICLE 26 — GUARDIANSHIP
A guardian may be designated where a minor or another legally protected person requires representation or protection that cannot adequately be supplied through ordinary parental responsibility.
Guardianship shall be proportionate to the legal necessity giving rise to it.
ARTICLE 27 — EXTENDED FAMILY AND INDIGENOUS KINSHIP
Where guardianship or family placement concerns an Indigenous child, competent authorities may give appropriate consideration to suitable members of the child's extended family, customary kinship network and Indigenous community.
This provision shall be interpreted consistently with the preservation of Indigenous institutions and community responsibilities reflected in Articles 5, 22, 34 and 35 of the United Nations Declaration on the Rights of Indigenous Peoples.
TITLE VIII
FAMILY OBLIGATIONS
ARTICLE 28 — OBLIGATIONS BETWEEN SPOUSES
Spouses owe the reciprocal obligations established by the Civil Code and Family Code, including mutual assistance and contribution to family responsibilities according to their circumstances.
Where a Catholic marriage is concerned, the existence of additional ecclesiastical obligations shall be governed within the religious sphere by applicable canon law, including Canons 1134–1140.
ARTICLE 29 — MAINTENANCE OF CHILDREN
Parents shall provide for the essential maintenance of their minor children according to their means.
The competent court may determine and enforce maintenance where the parties cannot resolve the matter voluntarily.
ARTICLE 30 — DEPENDENT AND ELDERLY FAMILY MEMBERS
The law recognizes intergenerational family solidarity.
Where elderly, incapacitated or dependent family members require assistance, appropriate family, community and legal arrangements may be established according to the person's circumstances and applicable law.
TITLE IX
INDIGENOUS CUSTOMARY FAMILY LAW
ARTICLE 31 — RECOGNITION OF CUSTOM
Indigenous family custom constitutes a legally relevant source within the internal legal order of Xaragua in matters in which its application is recognized by law.
Such customs may concern:
a) kinship;
b) family affiliation;
c) community responsibility;
d) customary marriage ceremonies;
e) guardianship;
f) intergenerational obligations;
g) inheritance;
h) family property; and
i) genealogical continuity.
ARTICLE 32 — EVIDENCE OF CUSTOM
The existence and content of a customary rule may be established through:
a) consistent community practice;
b) testimony of knowledgeable persons;
c) family records;
d) community records;
e) genealogical records;
f) historical documentation;
g) previous institutional determinations; or
h) other reliable evidence.
Recognition of Indigenous juridical systems and customs under this Title shall be interpreted with particular reference to Article 34 of the United Nations Declaration on the Rights of Indigenous Peoples.
ARTICLE 33 — NO ARTIFICIAL MATRIMONIAL TAXONOMY
The existence of clan, territorial, genealogical, customary, diplomatic or succession consequences arising from a marriage shall not require creation of a separate legal category of marriage.
Such consequences shall be determined according to the law governing the consequence concerned.
Accordingly:
genealogical consequences shall be determined under the law of filiation;
inheritance consequences under succession law;
customary consequences under Indigenous customary law;
religious consequences under the applicable ecclesiastical law;
and State legal consequences under the Family Code and Civil Code.
The marriage itself remains registered as a marriage.
TITLE X
SUCCESSION AND INTERGENERATIONAL CONTINUITY
ARTICLE 34 — SUCCESSION
Succession shall be governed by the Civil Code, valid testamentary instruments, applicable family legislation and recognized Indigenous custom.
The Ministry shall not exercise judicial power over contested estates unless such jurisdiction is expressly conferred by law.
ARTICLE 35 — PROOF OF FAMILY RELATIONSHIP
Entries concerning marriage, filiation, adoption and legally recognized kinship contained in the Family Register shall constitute admissible evidence for succession proceedings.
Ecclesiastical, customary, genealogical and historical records may constitute supplementary evidence according to their reliability and relevance.
ARTICLE 36 — ANCESTRAL AND GENEALOGICAL RECORDS
The Ministry may preserve genealogical declarations and ancestral family records where they possess legitimate family, historical, customary or succession relevance.
Registration of genealogical information does not by itself create a property right, public office or succession right not otherwise established by law.
TITLE XI
FAMILY JUSTICE AND MEDIATION
ARTICLE 37 — FAMILY MEDIATION
Family disputes capable of consensual settlement may be submitted to mediation before judicial proceedings or during such proceedings where permitted by law.
Mediation may be conducted by:
a) an authorized mediator;
b) a competent customary authority;
c) a person accepted by the parties; or
d) where appropriate, a pastoral representative of the Royal Catholic Order.
Participation as mediator does not confer judicial authority.
ARTICLE 38 — JUDICIAL COMPETENCE
The competent courts of Xaragua retain authority to determine contested legal questions concerning:
a) marriage and family status;
b) filiation;
c) parental responsibility;
d) custody;
e) maintenance;
f) adoption;
g) guardianship;
h) family property;
i) succession; and
j) protective measures.
ARTICLE 39 — ECCLESIASTICAL COMPETENCE
Questions exclusively concerning Catholic sacramental validity, canonical form, ecclesiastical impediments, internal ecclesiastical discipline or other properly canonical consequences shall be determined according to the applicable ecclesiastical order.
For the Catholic sphere, the relevant body of law includes Canons 1055–1165 of the Codex Iuris Canonici.
A canonical determination and a temporal legal determination shall produce the effects assigned to each within its proper legal order.
TITLE XII
EVIDENCE, AUTHENTICATION AND ARCHIVES
ARTICLE 40 — ADMISSIBLE FAMILY RECORDS
Subject to applicable procedural law, family status may be evidenced through:
a) the Family Register;
b) civil-status records;
c) ecclesiastical registers;
d) baptismal records;
e) marriage records;
f) adoption instruments;
g) judicial decisions;
h) customary records;
i) genealogical documentation;
j) authenticated electronic records;
k) witness testimony where documentary evidence is unavailable; and
l) other reliable evidence recognized by law.
ARTICLE 41 — CORRECTION
The Ministry may correct an obvious clerical or transcription error upon sufficient proof.
Where the requested correction would determine a contested question of marriage, identity, filiation, adoption, guardianship or another substantive legal right, the matter shall be referred to the competent court.
ARTICLE 42 — AUTHENTICATION
Certificates and extracts issued from the Family Register shall bear the authentication prescribed by the Ministry.
Electronic authentication, institutional seals, signatures, registration numbers and other reliable means of verification may be employed.
ARTICLE 43 — ARCHIVAL CONTINUITY
The General Archives of the State may preserve archival duplicates of essential family registers and historical family records.
No destruction, disappearance or physical deterioration of an administrative register shall extinguish a family status otherwise capable of proof according to Article 40.
TITLE XIII
CONFIDENTIALITY AND INSTITUTIONAL PROTECTION
ARTICLE 44 — FAMILY INFORMATION
Personal family information held by the Ministry shall be protected against unauthorized disclosure.
Access may be granted:
a) to the person concerned;
b) to a parent or guardian possessing lawful authority;
c) to a competent court;
d) to an authorized public officer where necessary for a lawful function;
e) to another person with lawful authorization; or
f) pursuant to another express provision of law.
ARTICLE 45 — INSTITUTIONAL COOPERATION
The Ministry may cooperate with:
a) the courts of Xaragua;
b) the General Archives of the State;
c) the Royal Catholic Order;
d) competent Indigenous communities and authorities;
e) other institutions of Xaragua whose statutory functions concern children, family protection, succession or civil status.
Such cooperation shall operate according to competence and shall not transfer constitutional authority from one institution to another.
TITLE XIV
RELATIONSHIP BETWEEN LEGAL ORDERS
ARTICLE 46 — TEMPORAL LAW
Questions concerning State registration, civil family status, temporal rights, property, maintenance, custody and succession shall be governed by the applicable constitutional, civil and family law of Xaragua.
ARTICLE 47 — CATHOLIC ECCLESIASTICAL LAW
Questions properly belonging to Catholic doctrine, sacramental discipline, liturgy, ecclesiastical records and pastoral government shall remain within the competent Catholic institutional sphere.
Reference to the Codex Iuris Canonici in this Law identifies the Catholic legal framework relevant to those matters and shall not transform the Ministry of the Family into an ecclesiastical tribunal.
ARTICLE 48 — INDIGENOUS CUSTOMARY LAW
Questions concerning Indigenous kinship, customary family responsibilities, community affiliation and recognized customary practices may be determined according to Indigenous custom where this Code or another law permits.
This recognition constitutes an exercise of the maintenance and development of Indigenous institutional structures and juridical customs contemplated by Articles 5 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.
ARTICLE 49 — COORDINATION
Where one family matter engages several institutional spheres, each competent authority shall determine only the matter belonging to its jurisdiction.
Accordingly:
the Ministry shall administer State family registration;
the courts shall adjudicate contested temporal rights;
the Royal Catholic Order shall exercise its proper religious and pastoral functions;
and Indigenous authorities shall exercise the customary competence recognized to them.
The participation of several authorities in relation to the same family shall not establish a hierarchy between legally distinct functions.
TITLE XV
FINAL AND CONSTITUTIONAL PROVISIONS
ARTICLE 50 — RELATIONSHIP WITH THE CIVIL CODE
This Family Code constitutes lex specialis for matters expressly regulated herein concerning marriage, family status, filiation, parental responsibility, adoption, guardianship and family registration.
The Civil Code shall continue to govern general questions of legal personality, property, obligations, succession and other civil matters except where a specific provision of this Code governs the particular question.
ARTICLE 51 — RELATIONSHIP WITH THE PENAL CODE
Nothing in this Code shall prevent prosecution of conduct constituting an offense under the Penal Code.
Family, marital, parental, religious or customary status shall neither create an offense nor constitute immunity from an offense except where the Penal Code expressly provides otherwise.
ARTICLE 52 — RELATIONSHIP WITH THE CODE OF CIVIL PROCEDURE
Proceedings arising from contested family rights shall be governed by the Code of Civil Procedure and such special procedural provisions as may be enacted for family matters.
Administrative registration by the Ministry shall not replace judicial adjudication where a genuine dispute concerning substantive rights requires determination.
ARTICLE 53 — CONTINUITY OF PRE-EXISTING FAMILY STATUS
Marriage, filiation, adoption, guardianship and other family relationships lawfully established before the promulgation of this Code shall not cease to exist merely because they predate the Family Register.
They may be registered upon sufficient proof.
ARTICLE 54 — IMPLEMENTATION
The Minister of the Family may issue regulations, forms, registration procedures and technical instructions necessary to implement this Code.
No administrative regulation may amend the substantive law enacted herein.
ARTICLE 55 — RULE OF INTERPRETATION
This Code shall be interpreted:
a) according to its text and constitutional purpose;
b) as a coherent part of the constitutional and civil law of Xaragua;
c) with recognition of applicable Indigenous customary law;
d) with institutional respect for the proper religious competence of the Royal Catholic Order;
e) with particular protection for children and legally dependent persons; and
f) in favor of legal certainty concerning family status.
ARTICLE 56 — AUTHORITATIVE LEGAL REFERENCES
For purposes of construction and institutional implementation, the principal legal materials expressly incorporated by reference or relied upon in this Law are:
the Constitution and Supreme Constitutional Corpus of Xaragua;
the Civil Code of Xaragua;
the Code of Civil Procedure of Xaragua;
the Penal Code of Xaragua;
the United Nations Declaration on the Rights of Indigenous Peoples, particularly Articles 3, 4, 5, 9, 18, 20, 22, 33, 34 and 35;
the International Covenant on Civil and Political Rights, particularly Articles 23 and 24;
the International Covenant on Economic, Social and Cultural Rights, particularly Article 10;
the Universal Declaration of Human Rights, particularly Article 16;
the American Declaration on the Rights of Indigenous Peoples, insofar as relevant to Indigenous institutions, family, culture and community continuity;
and, within the proper Catholic ecclesiastical sphere, the Codex Iuris Canonici, particularly Canons 1055–1165 concerning marriage.
ARTICLE 57 — ENTRY INTO FORCE
The present Supreme Organic Constitutional Law and Family Code shall enter into force by promulgation and registration in the constitutional records of Xaragua.
All prior administrative rules concerning family registration shall be construed, insofar as possible, consistently with this Code.
Where an earlier subordinate rule conflicts with an express provision of this Code, this Code shall govern within the internal legal order of Xaragua.
ARTICLE 58 — CONSTITUTIONAL INTEGRATION
The institution of the Ministry of the Family, the Family Register and the allocation of competence established by this Law form part of the permanent institutional organization of Xaragua.
The Ministry shall exercise no power beyond that conferred by the Constitution and laws.
The Royal Catholic Order shall retain the religious competence proper to its institutional character.
The competent courts shall retain judicial authority.
Indigenous communities and authorities shall retain the customary functions recognized to them.
The constitutional purpose of the present Law is thereby established as the preservation of a coherent family order through defined, complementary and legally distinguishable institutions.
ENACTED AND PROMULGATED
BY AUTHORITY OF THE RECTOR-PRESIDENT
SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA
Given at Miragoâne, Constitutional Capital,
this Twenty-Third Day of May,
in the Year MMXXV.
OFFICE OF THE RECTOR-PRESIDENT
MINISTRY OF THE FAMILY
ROYAL CATHOLIC ORDER
GENERAL ARCHIVES OF THE STATE
ORDER OF EXECUTION
The Ministry of the Family shall cause the present Law to be entered into the constitutional register, establish the Family Register prescribed herein, preserve the official original in the General Archives of the State, and undertake all acts necessary for its execution.
The Royal Catholic Order shall receive an authenticated copy for execution of those provisions falling within its proper religious and pastoral competence.
The competent judicial authorities shall apply the provisions of the Family Code in matters properly brought before them.
All institutions exercising functions under this Law shall act within the respective competences expressly established herein.
SEALED UNDER THE CONSTITUTIONAL AUTHORITY OF THE STATE
MIRAGOÂNE
23 MAY 2025
Cette version donne surtout une architecture beaucoup plus nette : le ministère administre, le tribunal juge, le Royal Catholic Order célèbre et exerce le religieux, et l’autorité coutumière établit ou exerce ce qui relève réellement de la coutume. Les références ne sont donc plus une décoration en fin de document : elles sont rattachées aux articles où elles ont effectivement une fonction juridique.

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

MINISTRY OF THE FAMILY

ROYAL CATHOLIC ORDER

GENERAL ARCHIVES OF THE STATE

CONSTITUTIONAL ANNEX I TO THE FAMILY CODE OF XARAGUA

SUPPLEMENTARY ORGANIC CODE ON THE RIGHTS AND LEGAL PROTECTION OF WOMEN AND CHILDREN, PARENTAL RESPONSIBILITY, MATERNITY AND PATERNITY, CUSTODY, MAINTENANCE, FAMILY PROTECTION, AND INTERGENERATIONAL RESPONSIBILITY

Parent Instrument: Supreme Organic Constitutional Law and Family Code of Xaragua

Legal Classification: Constitutional Annex — Supplementary Family Code — Women and Children Protection Law — Parental Responsibility Code — Indigenous Family-Law Instrument

Date of Promulgation: 23 May 2025

Seat of Promulgation: Miragoâne

PREAMBLE

The Sovereign Catholic Indigenous and Private State of Xaragua,

ACTING through the Office of the Rector-President and pursuant to the Supreme Organic Constitutional Law establishing the Ministry of the Family and promulgating the Family Code of Xaragua;

DETERMINING that the legal organization of the family necessarily requires precise rules concerning the status and protection of women, maternity, paternity, children, parental responsibility, custody, maintenance, guardianship and protection against abandonment, exploitation and violence;

RECALLING Article 16 of the Universal Declaration of Human Rights concerning marriage, equality of spouses and protection of the family;

RECALLING Articles 3, 23, 24 and 26 of the International Covenant on Civil and Political Rights concerning equality, family protection, protection of children and equality before the law;

RECALLING Articles 3 and 10 of the International Covenant on Economic, Social and Cultural Rights concerning equal enjoyment of protected rights and protection and assistance to the family, mothers and children;

TAKING ACCOUNT of the Convention on the Rights of the Child, including Article 3 concerning the best interests of the child, Articles 5 and 18 concerning parental responsibilities, Articles 7 and 8 concerning identity and family relations, Article 9 concerning separation from parents, Article 12 concerning the views of the child, Article 19 concerning protection from violence, Article 20 concerning children deprived of their family environment, Article 27 concerning conditions of living and parental responsibility, and Article 30 concerning children belonging to Indigenous communities;

TAKING ACCOUNT of Articles 7, 21, 22 and 24 of the United Nations Declaration on the Rights of Indigenous Peoples concerning security of the person, social conditions, particular attention to Indigenous women, youth and children, protection against violence and discrimination, and Indigenous health practices;

RECOGNIZING, within the Catholic institutional sphere, the obligations attached to marriage and parenthood and the equal personal dignity of spouses, including the principles expressed in Canons 1134–1136 of the Codex Iuris Canonici concerning the matrimonial bond, equal duties and rights of spouses and the grave duty and primary right of parents regarding the education of their children;

RECOGNIZING the particular role of Indigenous extended-family and kinship systems in the protection, upbringing and intergenerational continuity of children;

HEREBY ADOPTS the following Supplementary Organic Code as an integral continuation of the Family Code of Xaragua.

TITLE XVI

LEGAL STATUS AND RIGHTS OF WOMEN

ARTICLE 59 — LEGAL PERSONALITY

Every adult woman possesses full legal personality within the legal order of Xaragua.

Marriage, maternity, family affiliation or customary status shall not extinguish her capacity to:

a) hold and administer property;

b) enter lawful contracts;

c) inherit and transmit property;

d) institute or defend legal proceedings;

e) make declarations concerning her own legal status;

f) exercise parental rights and responsibilities;

g) seek protection from a competent authority; and

h) exercise such other civil rights as are established by law.

ARTICLE 60 — EQUALITY BEFORE FAMILY LAW

Women and men are subject to the protections, obligations and procedures established by the Family Code according to their respective legal circumstances.

No administrative authority may refuse a woman access to family registration, judicial proceedings, property records, protection procedures or evidence solely because she is married, unmarried, widowed or a mother.

ARTICLE 61 — MATERNITY

Maternity is recognized as a legally protected family status.

The law shall protect:

a) the legal identification of the mother;

b) maternal relationship with the child;

c) the mother's parental rights and responsibilities;

d) protection during pregnancy and the period surrounding childbirth according to applicable law;

e) protection against abandonment by persons legally responsible for family maintenance;

f) access to family registration; and

g) the mother's right to seek judicial or administrative protection for herself or her child.

ARTICLE 62 — MARRIAGE AND LEGAL PERSONALITY

Marriage shall not merge the legal personality of one spouse into that of the other.

Each spouse retains his or her legal identity and such ownership, inheritance, contractual and procedural capacities as are recognized by the Civil Code and Family Code.

Common family responsibilities arising from marriage shall coexist with the legal personality of each spouse.

ARTICLE 63 — PROTECTION AGAINST COERCED MARRIAGE

No woman or man shall be compelled to enter marriage.

A family arrangement, customary understanding, religious expectation, genealogical interest or community agreement cannot substitute for the personal consent required by Article 10 of the Family Code.

This provision shall be interpreted consistently with Article 23(3) of the International Covenant on Civil and Political Rights and, within the Catholic sphere, Canon 1057 of the Codex Iuris Canonici.

ARTICLE 64 — PROPERTY AND SUCCESSION

A woman may own, inherit, administer and transmit property according to the Civil Code and applicable succession law.

Marriage shall not, by itself, transfer all property belonging to one spouse to the other.

Customary family property arrangements may be recognized according to the Indigenous customary-law provisions of the Family Code where their existence and legal application are established.

ARTICLE 65 — ACCESS TO PROTECTION

A woman alleging abandonment, unlawful dispossession, family violence, coercion, failure of maintenance or violation of parental rights may directly petition the competent administrative or judicial authority.

No authorization from a spouse, relative, customary representative or religious authority shall be required merely for access to a competent State authority.

TITLE XVII

FUNDAMENTAL LEGAL STATUS OF THE CHILD

ARTICLE 66 — CHILD AS A SUBJECT OF LAW

A child is a person under the protection of law and shall not be treated as the property of a parent, guardian, family, community or institution.

Parental and guardianship authority exists for the protection, upbringing, education and development of the child.

ARTICLE 67 — PRIMARY RULE OF PROTECTION

In administrative and judicial decisions directly concerning custody, adoption, guardianship, placement or immediate protection of a child, the best interests and protection of the child shall constitute a primary consideration.

This principle shall be applied consistently with Article 3 of the Convention on the Rights of the Child and Article 22 of the United Nations Declaration on the Rights of Indigenous Peoples where Indigenous children are concerned.

ARTICLE 68 — IDENTITY

Every child registered under the jurisdiction of Xaragua shall have, insofar as the relevant facts can reasonably be established:

a) a name;

b) a record of birth;

c) legally established filiation;

d) preservation of legally established family relationships; and

e) recognition of Indigenous family or community affiliation where applicable and lawfully established.

This Article shall be interpreted in conjunction with Articles 7 and 8 of the Convention on the Rights of the Child, Article 24 of the International Covenant on Civil and Political Rights and Articles 9 and 33 of the United Nations Declaration on the Rights of Indigenous Peoples.

ARTICLE 69 — INDIGENOUS IDENTITY OF THE CHILD

Where applicable, an Indigenous child shall not be deprived through administrative convenience of an established family name, Indigenous identity, kinship relationship, language, community affiliation or genealogical record.

The Ministry shall preserve such information in the Family Register where it forms part of the child's legally established identity.

ARTICLE 70 — FAMILY RELATIONSHIPS

A child has an interest in maintaining lawful family relationships and, where compatible with the child's protection, continuing meaningful relationships with parents, siblings, grandparents, extended family and customary kinship networks.

Family separation shall not be ordered solely for administrative convenience.

ARTICLE 71 — PROTECTION FROM VIOLENCE AND EXPLOITATION

Every child shall be protected from:

a) abandonment;

b) trafficking;

c) sexual exploitation;

d) sexual abuse;

e) severe physical violence;

f) forced labor prohibited by law;

g) deliberate deprivation of essential care;

h) exploitation for criminal activity; and

i) other conduct prohibited by the Penal Code.

Parental authority, guardianship, religious discipline or customary status shall not constitute immunity for conduct prohibited by criminal law.

This Article shall be interpreted consistently with Article 19 of the Convention on the Rights of the Child and Article 22(2) of the United Nations Declaration on the Rights of Indigenous Peoples.

TITLE XVIII

PARENTAL AUTHORITY AND PARENTAL RESPONSIBILITY

ARTICLE 72 — NATURE OF PARENTAL AUTHORITY

Parental authority is a legal office composed simultaneously of rights, powers, responsibilities and duties directed toward the upbringing and protection of the child.

It shall not be construed as ownership of the child.

ARTICLE 73 — PARENTS

Mother and father possess parental responsibilities according to legally established filiation.

Subject to judicial determination where required, both parents shall participate in significant decisions concerning their minor child according to the child's circumstances and applicable law.

The principle of common parental responsibility shall be interpreted with reference to Article 18 of the Convention on the Rights of the Child.

ARTICLE 74 — PRINCIPAL PARENTAL DUTIES

Parents have the primary responsibility, according to their means and circumstances, to provide for:

a) protection;

b) food;

c) clothing;

d) shelter;

e) health and essential care;

f) education;

g) appropriate supervision;

h) identity and family registration;

i) moral and social upbringing; and

j) preparation of the child for responsible adult life.

ARTICLE 75 — EDUCATION

Parents possess the primary responsibility for the upbringing and education of their children subject to applicable law.

Within the Catholic sphere, this principle corresponds to Canon 1136 of the Codex Iuris Canonici concerning the grave duty and primary right of parents regarding the physical, social, cultural, moral and religious education of their children.

Indigenous families retain the right to transmit language, history, customary knowledge, family memory and Indigenous identity consistently with the applicable law of Xaragua.

ARTICLE 76 — RELIGIOUS FORMATION

Parents may provide religious formation to their children in accordance with the Catholic character of the family and the applicable constitutional order.

The Royal Catholic Order may assist families through catechesis, sacramental preparation, pastoral education and family ministry.

Such pastoral assistance shall not transfer parental authority to the Royal Catholic Order.

ARTICLE 77 — LIMITS OF PARENTAL AUTHORITY

Parental authority shall not authorize:

a) abandonment;

b) trafficking;

c) sexual abuse or exploitation;

d) severe physical violence;

e) deliberate denial of essential subsistence;

f) appropriation of a child's property contrary to law; or

g) conduct otherwise prohibited by the Penal Code.

ARTICLE 78 — EXERCISE OF AUTHORITY

Parents may establish reasonable household rules and exercise ordinary supervision and discipline consistent with the dignity, age, development and protection of the child.

The State shall not substitute itself for ordinary family decision-making merely because another lawful parenting choice could have been made.

TITLE XIX

CUSTODY AND FAMILY SEPARATION

ARTICLE 79 — CUSTODY

Custody concerns the daily care, residence, supervision and ordinary protection of a child.

Custody and filiation are distinct legal concepts.

Loss or modification of custody does not automatically extinguish filiation.

ARTICLE 80 — DETERMINATION OF CUSTODY

Where parents cannot agree, the competent court shall determine custody according to the child's protection and best interests.

The court may consider:

a) continuity and stability of care;

b) relationship with each parent;

c) ability of each parent to provide essential care;

d) safety;

e) family and sibling relationships;

f) Indigenous kinship and community relationships where relevant;

g) the child's views according to age and maturity; and

h) any other circumstance materially affecting the child.

ARTICLE 81 — CHILD'S VIEWS

A child capable of forming and communicating views shall be given an appropriate opportunity to express those views in proceedings substantially affecting the child.

The weight accorded to those views shall correspond to the child's age, maturity and circumstances.

This Article gives effect within family proceedings to the principle reflected in Article 12 of the Convention on the Rights of the Child.

ARTICLE 82 — SEPARATION FROM PARENTS

No administrative officer may permanently remove a child from parental custody solely by ministerial declaration.

Where emergency circumstances require immediate temporary protection, provisional action may be taken according to law, but continued separation shall be subject to review by the competent judicial authority.

This provision shall be interpreted with reference to Article 9 of the Convention on the Rights of the Child.

ARTICLE 83 — RELATIONSHIP WITH THE NON-CUSTODIAL PARENT

Where parents live separately, the child should ordinarily be permitted to maintain an appropriate relationship with the parent with whom the child does not principally reside unless a competent authority determines that such contact would materially endanger the child or otherwise conflict with a lawful protective order.

ARTICLE 84 — GRANDPARENTS AND EXTENDED FAMILY

The competent court may consider established relationships between the child and grandparents, siblings, extended family members and recognized customary relatives.

No extended-family relationship automatically supersedes parental authority, but such relationships may be relevant to custody, guardianship, placement and protection.

TITLE XX

MAINTENANCE AND MATERIAL RESPONSIBILITY

ARTICLE 85 — DUTY OF MAINTENANCE

Parents are responsible, according to their means, for the essential material support of their minor children.

Separation between parents does not terminate that responsibility.

ARTICLE 86 — CONTENT OF MAINTENANCE

Maintenance may include reasonable contributions toward:

a) food;

b) clothing;

c) housing;

d) education;

e) ordinary health needs;

f) transportation necessary for the child's welfare; and

g) other essential needs appropriate to the family's actual circumstances.

ARTICLE 87 — PROPORTIONALITY

Maintenance shall be determined according to:

a) the child's reasonable needs;

b) the actual resources of each parent;

c) the number of persons lawfully dependent upon the responsible parent;

d) direct care already provided; and

e) other material circumstances.

No maintenance obligation shall be calculated on fictitious income or resources shown not to exist.

ARTICLE 88 — ENFORCEMENT

A maintenance obligation may be established through agreement recognized by law or by order of the competent court.

Deliberate refusal to comply with a lawful maintenance order may give rise to the enforcement measures provided by civil or procedural law.

TITLE XXI

PROTECTION OF CHILDREN WITHOUT ADEQUATE PARENTAL CARE

ARTICLE 89 — FAMILY PRIORITY

Where a child cannot safely remain in the immediate care of his or her parents, the competent authority shall consider, where appropriate:

a) the other parent;

b) adult siblings;

c) grandparents;

d) suitable extended-family members;

e) recognized customary relatives; and

f) other suitable persons having an established relationship with the child,

before resorting to institutional placement where family placement can adequately protect the child.

ARTICLE 90 — INDIGENOUS FAMILY CONTINUITY

In determining alternative care for an Indigenous child, competent authorities shall take account of the child's Indigenous identity, family relationships, customary kinship and community continuity.

The existence of an extended Indigenous kinship structure shall not be disregarded merely because it differs from a nuclear-family model.

ARTICLE 91 — EMERGENCY PROTECTION

Where credible circumstances indicate an immediate and substantial threat to the life or physical integrity of a child, a competent authority may take the minimum provisional action reasonably necessary to secure immediate protection.

The measure shall be documented and promptly submitted to the competent judicial authority where continued interference with parental custody is sought.

ARTICLE 92 — RESTORATION OF FAMILY CARE

Where the circumstances requiring protective placement cease to exist, restoration of safe family care shall be considered.

Protective intervention shall not be maintained merely for administrative convenience after its legal basis has ceased.

TITLE XXII

GUARDIANSHIP AND REPRESENTATION OF CHILDREN

ARTICLE 93 — APPOINTMENT OF GUARDIAN

A guardian may be appointed where:

a) both parents are deceased;

b) legally established parents cannot be located after reasonable efforts;

c) the parents are legally incapable of exercising necessary parental responsibility;

d) parental authority has been lawfully restricted or suspended; or

e) another circumstance established by law requires guardianship.

ARTICLE 94 — SELECTION OF GUARDIAN

In selecting a guardian, consideration shall be given to:

a) the person's ability to protect and care for the child;

b) existing family relationships;

c) continuity of upbringing;

d) the child's Indigenous and cultural identity;

e) the child's views where appropriate; and

f) absence of a material conflict of interest.

ARTICLE 95 — POWERS OF GUARDIAN

A guardian possesses only the authority necessary for the purposes of guardianship.

The guardian shall preserve the child's property, identity, family records and legal interests and shall account for property administered on behalf of the child where required by law.

TITLE XXIII

PROPERTY AND ECONOMIC RIGHTS OF CHILDREN

ARTICLE 96 — CHILD'S PROPERTY

Property belonging legally to a child remains the property of the child.

A parent or guardian administering such property acts in a fiduciary and protective capacity and shall not convert it to personal ownership merely by reason of parental authority or guardianship.

ARTICLE 97 — INHERITANCE

A child may inherit according to the Civil Code, testamentary law and recognized customary succession law.

Adoption or another legally established family relationship shall produce the succession effects assigned to it by the applicable law.

ARTICLE 98 — PROTECTION OF INHERITED PROPERTY

Where a minor receives significant property by inheritance, donation or another lawful transfer, appropriate registration or protective administration may be required until the child reaches legal capacity.

The competent court may intervene where there is credible evidence of misappropriation.

TITLE XXIV

FAMILY VIOLENCE AND PROTECTIVE ORDERS

ARTICLE 99 — PROTECTIVE JURISDICTION

The competent court may issue necessary and proportionate protective measures where credible evidence establishes a substantial risk of family violence, abuse, exploitation, abandonment or unlawful removal of a child.

ARTICLE 100 — AVAILABLE MEASURES

According to the circumstances and procedural law, protective measures may include:

a) prohibition of specified contact;

b) temporary regulation of residence;

c) temporary custody arrangements;

d) protection of a child or dependent person;

e) prohibition against removal of the child from the jurisdiction;

f) preservation of essential family property; and

g) other proportionate measures authorized by law.

ARTICLE 101 — DUE PROCESS

Emergency protection may precede a full hearing where immediate action is legally necessary.

A person materially affected by a continuing protective order shall have access to judicial review according to the Code of Civil Procedure and the constitutional guarantees applicable to proceedings before the courts of Xaragua.

TITLE XXV

INDIGENOUS WOMEN, CHILDREN AND FAMILY STRUCTURES

ARTICLE 102 — INDIGENOUS WOMEN

Indigenous women shall have access to the institutions and protections established by the Family Code without loss of their Indigenous identity, customary family affiliation or community membership.

Article 22 of the United Nations Declaration on the Rights of Indigenous Peoples shall constitute a principal interpretative reference concerning protection of Indigenous women and children from violence and discrimination.

ARTICLE 103 — INDIGENOUS CHILDREN

The administration of family law concerning Indigenous children shall take account of:

a) Indigenous identity;

b) kinship;

c) language;

d) family history;

e) community relationships;

f) customary responsibilities; and

g) intergenerational continuity.

Such factors shall constitute legally relevant considerations and not merely cultural annotations.

ARTICLE 104 — CUSTOM AND PARENTAL LAW

Recognized Indigenous customs concerning extended-family assistance, customary guardianship, community responsibility and intergenerational care may supplement ordinary parental law where their application is established pursuant to Articles 31 and 32 of the Family Code.

Customary assistance does not automatically extinguish the parental status of the mother or father.

TITLE XXVI

ROYAL CATHOLIC ORDER AND FAMILY ASSISTANCE

ARTICLE 105 — PASTORAL FAMILY MISSION

The Royal Catholic Order may provide, within its proper religious competence:

a) marriage preparation;

b) family catechesis;

c) pastoral counseling;

d) religious instruction of families;

e) assistance to parents requesting pastoral support;

f) spiritual accompaniment following bereavement;

g) pastoral assistance to widows, widowers and families in difficulty; and

h) religious formation concerning marriage and parental responsibility.

ARTICLE 106 — NO TRANSFER OF STATE AUTHORITY

Pastoral intervention by the Royal Catholic Order does not confer authority to:

a) determine contested custody;

b) remove a child from parental custody;

c) impose civil maintenance;

d) adjudicate ownership of property;

e) determine criminal responsibility; or

f) replace a competent State tribunal.

Those matters remain governed by the applicable law and institutional jurisdiction of Xaragua.

ARTICLE 107 — COOPERATION

With the consent of the persons concerned or where otherwise permitted by law, the Ministry of the Family may cooperate with the Royal Catholic Order concerning pastoral family assistance.

Confidential ecclesiastical communications shall not automatically become administrative records merely because cooperation occurs.

TITLE XXVII

PROCEDURAL RIGHTS IN FAMILY MATTERS

ARTICLE 108 — RIGHT TO BE HEARD

No final administrative determination substantially altering registered family status shall be made without providing the persons directly affected a reasonable opportunity to present relevant evidence, except where the law provides an emergency provisional procedure.

ARTICLE 109 — REASONS

A contested administrative decision concerning family status shall identify:

a) the authority making the decision;

b) the relevant facts;

c) the applicable legal basis; and

d) the operative determination.

The requirement of reasons permits review and establishes institutional accountability.

ARTICLE 110 — JUDICIAL REVIEW

Administrative acts of the Ministry affecting substantive family rights may be submitted to the competent court according to the Code of Civil Procedure.

Administrative authority shall not constitute final judicial authority merely because the subject matter concerns the Family Register.

ARTICLE 111 — EVIDENCE

In proceedings concerning women, children or parental rights, competent authorities may consider the forms of evidence recognized under Article 40 of the Family Code.

Where Indigenous custom is material, evidence may additionally be established according to Article 32 of the Family Code.

TITLE XXVIII

INTERGENERATIONAL RESPONSIBILITY

ARTICLE 112 — FAMILY CONTINUITY

The law recognizes the legitimate interest of families in preserving:

a) family identity;

b) genealogical records;

c) Indigenous affiliation;

d) family history;

e) inherited property;

f) language;

g) religious traditions; and

h) lawful customary practices.

ARTICLE 113 — RESPONSIBILITIES BETWEEN GENERATIONS

Intergenerational responsibility may include reasonable duties of care and assistance among parents, children, grandparents and other legally recognized dependent relatives according to the Civil Code, Family Code and applicable Indigenous custom.

This provision shall be interpreted with reference to Article 35 of the United Nations Declaration on the Rights of Indigenous Peoples concerning responsibilities of individuals toward their communities.

ARTICLE 114 — NO AUTOMATIC LEGAL POWER FROM GENEALOGY

Genealogical seniority, clan standing, ancestry or customary prestige shall not, without a legal or customary basis recognized by law, confer automatic control over:

a) another adult's property;

b) the marriage of another adult;

c) parental authority belonging to another person;

d) custody of a child; or

e) succession property already vested according to law.

TITLE XXIX

INSTITUTIONAL COMPETENCE

ARTICLE 115 — MINISTRY OF THE FAMILY

The Ministry of the Family shall administer:

a) family registration;

b) administrative recognition of family status;

c) certificates;

d) records concerning filiation and guardianship;

e) administrative family-protection functions assigned by law; and

f) implementation of this Code.

ARTICLE 116 — JUDICIAL AUTHORITY

The competent courts shall determine contested questions of:

a) parental authority;

b) custody;

c) maintenance;

d) guardianship;

e) adoption where judicial authorization is required;

f) family property;

g) succession;

h) protective orders; and

i) substantive disputes concerning family status.

ARTICLE 117 — INDIGENOUS AUTHORITIES

Indigenous community authorities may establish, attest, interpret or participate in matters of custom within the jurisdiction recognized by the Family Code.

Their customary competence shall not be converted into ordinary ministerial bureaucracy merely because their evidence or determinations are recognized by the State.

ARTICLE 118 — ROYAL CATHOLIC ORDER

The Royal Catholic Order shall exercise the religious, sacramental, catechetical and pastoral functions recognized by the Family Code and this Annex.

It shall cooperate with the State without being constituted as the supreme temporal authority over family law.

TITLE XXX

FINAL PROVISIONS

ARTICLE 119 — INTEGRATION WITH THE FAMILY CODE

This Annex constitutes an integral continuation of the Family Code of Xaragua.

Articles 59 through 119 shall be read together with Articles 1 through 58 of the principal Code.

No provision of this Annex shall be interpreted in isolation from the allocation of institutional competence established by the principal Code.

ARTICLE 120 — RELATIONSHIP WITH OTHER CODES

The present Annex shall be applied together with:

a) the Constitution and Supreme Constitutional Corpus of Xaragua;

b) the Family Code;

c) the Civil Code;

d) the Code of Civil Procedure;

e) the Penal Code;

f) applicable Indigenous customary law; and

g) within matters belonging properly to the Catholic ecclesiastical sphere, the applicable provisions of the Codex Iuris Canonici.

ARTICLE 121 — PRINCIPAL INTERNATIONAL LEGAL REFERENCES

For purposes of interpretation and institutional application, particular reference shall be made to:

the Universal Declaration of Human Rights, Articles 16 and 25;

the International Covenant on Civil and Political Rights, Articles 3, 23, 24 and 26;

the International Covenant on Economic, Social and Cultural Rights, Articles 3 and 10;

the Convention on the Rights of the Child, particularly Articles 3, 5, 7, 8, 9, 12, 18, 19, 20, 27 and 30;

the United Nations Declaration on the Rights of Indigenous Peoples, particularly Articles 5, 7, 9, 21, 22, 33, 34 and 35;

and, within the proper Catholic sphere, the Codex Iuris Canonici, particularly Canons 1055–1165 and Canons 1134–1136.

ARTICLE 122 — RULE OF APPLICATION

The provisions of this Annex shall be implemented according to four controlling requirements:

LEGAL CERTAINTY in the determination of family status;

PARENTAL RESPONSIBILITY in the care and upbringing of children;

PROTECTION OF WOMEN, CHILDREN AND DEPENDENT PERSONS against conduct prohibited by law;

and INSTITUTIONAL COMPETENCE, so that administrative, judicial, customary and ecclesiastical authorities act only within their respective legal functions.

ARTICLE 123 — ENTRY INTO FORCE

This Constitutional Annex shall enter into force upon promulgation and registration.

It shall possess the same codified force within the Family Code as the provisions of the parent instrument to which it is annexed.

ENACTED AND PROMULGATED

BY AUTHORITY OF THE RECTOR-PRESIDENT

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

MIRAGOÂNE

23 MAY 2025

OFFICE OF THE RECTOR-PRESIDENT

MINISTRY OF THE FAMILY

ROYAL CATHOLIC ORDER

GENERAL ARCHIVES OF THE STATE

ORDER OF INTEGRATION

The present Constitutional Annex shall be entered immediately following Article 58 of the Family Code of Xaragua and shall constitute Articles 59 through 123 thereof.

The Ministry of the Family shall ensure its administrative execution.

The competent courts shall exercise the judicial functions assigned herein.

Indigenous authorities shall exercise the customary functions recognized herein.

The Royal Catholic Order shall exercise the religious and pastoral functions assigned to its proper institutional sphere.

No administrative, judicial, customary or religious authority shall derive from this Annex powers assigned expressly to another competent authority.

SEALED UNDER THE CONSTITUTIONAL AUTHORITY OF THE STATE

MIRAGOÂNE

23 MAY 2025

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

GENERAL ARCHIVES OF THE STATE

UNIVERSITY OF XARAGUA

DULITHA JOSEPH GOUSSE TEMPERANCE RESPONSE TEAM

SUPREME ORGANIC CONSTITUTIONAL LAW

ON CIVIL PROTECTION, TERRITORIAL PREPAREDNESS, DISASTER RISK REDUCTION, EMERGENCY COORDINATION, COMMUNITY CONTINUITY, AND TEMPERED PUBLIC RESPONSE

Official Reference: SCIPS-X/ORP/DJG-TRT/2025

Institution Established: Dulitha Joseph Gousse Temperance Response Team

Official Short Name: Temperance Response Team

Legal Classification: Supreme Organic Constitutional Law — Civil Protection Instrument — Disaster Risk Reduction and Emergency Coordination Law — Territorial Resilience Instrument — Community Continuity Law

Normative Rank: Organic Constitutional Instrument

Institutional Status: Permanent

Place of Promulgation: Miragoâne, Constitutional Capital of Xaragua

Promulgating Authority: Office of the Rector-President

Archival Depositary: General Archives of the State

PREAMBLE

THE RECTOR-PRESIDENT OF THE SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA,

Exercising the constitutional, territorial, protective, institutional, and coordinating authority vested in the Office of the Rector-President;

Recognizing that hurricanes, tropical storms, earthquakes, floods, droughts, landslides, fires, epidemics, infrastructure failures, maritime emergencies, environmental disturbances, displacement, interruption of essential services, and other major hazards may directly affect human life, territorial continuity, community institutions, food and water security, communications, transportation, housing, cultural property, and the functioning of the State;

Determining that civil protection constitutes a permanent governmental responsibility extending beyond emergency intervention and encompassing prevention, preparedness, risk identification, early warning, public information, evacuation, emergency coordination, continuity of essential functions, relief, recovery, and reconstruction;

Recognizing that effective disaster governance requires decisions proportionate to verified conditions and that public authority during an emergency shall be exercised through discipline, accuracy, preparation, institutional continuity, and measured action;

Recognizing autonomous Indigenous communities as permanent institutions possessing their own internal authority and determining that disaster preparedness and emergency response shall, wherever operationally possible, be implemented at the community level according to the principle of subsidiarity;

Affirming that such autonomy does not prevent coordination among communities, institutions of Xaragua, scientific bodies, humanitarian organizations, neighboring authorities, or competent external services when the scale or nature of an emergency requires such cooperation;

Recognizing the particular vulnerability of islands, coastal settlements, mountainous territories, isolated communities, transportation corridors, agricultural zones, water systems, communications infrastructure, and settlements exposed to seismic and meteorological hazards;

Determining that scientific information, Indigenous and customary territorial knowledge, historical records, direct observation, meteorological and seismic information, and competent external technical data may all contribute to public decision-making according to their reliability and relevance;

Acting consistently with the constitutional order of Xaragua and with the principles concerning Indigenous institutions, community participation, environmental protection, development, health, territorial continuity, and protection in emergency circumstances reflected particularly in Articles 3, 4, 5, 18, 21, 23, 29 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples;

DOES HEREBY ENACT, CONSTITUTE, ESTABLISH, AND ORDER THE EXECUTION OF THE PRESENT SUPREME ORGANIC CONSTITUTIONAL LAW.

TITLE I — ESTABLISHMENT AND LEGAL STATUS

ARTICLE 1 — ESTABLISHMENT

The Dulitha Joseph Gousse Temperance Response Team is hereby constituted as the permanent civil-protection and emergency-coordination institution of Xaragua.

It shall exercise the functions assigned by this Law and by subsequent competent instruments concerning disaster-risk reduction, emergency preparedness, public warning, civil protection, territorial continuity, emergency coordination, recovery, and institutional resilience.

ARTICLE 2 — INSTITUTIONAL PURPOSE

The Temperance Response Team shall maintain the capacity of Xaragua, its institutions, and participating communities to anticipate, withstand, respond to, and recover from serious natural, environmental, infrastructural, sanitary, maritime, and civil emergencies.

Its function is protective and coordinating.

It shall not displace the ordinary authority of autonomous communities, courts, military authorities, health services, ecclesiastical institutions, universities, local organizations, or other competent bodies except to the extent expressly provided by law for a defined emergency function.

ARTICLE 3 — DOCTRINE OF TEMPERED RESPONSE

The governing doctrine of the institution shall be Tempered Response.

Tempered Response means the exercise of emergency authority according to verified information, proportionality, preparedness, clarity of command, protection of life, preservation of institutional continuity, and avoidance of unnecessary disorder.

Temperance shall not constitute delay, passivity, denial of danger, or refusal to take urgent measures.

Where immediate action is necessary for the preservation of life or prevention of serious injury, the competent authority shall act without avoidable delay.

The principle of temperance governs the quality and proportionality of the response; it does not diminish the obligation to respond.

TITLE II — MATERIAL COMPETENCE

ARTICLE 4 — HAZARDS AND EMERGENCIES

The Temperance Response Team shall exercise competence in relation to:

a. hurricanes, tropical storms and severe meteorological events;

b. earthquakes, aftershocks and seismic hazards;

c. flooding, storm surge and coastal inundation;

d. landslides and major terrain instability;

e. drought and serious interruption of water supply;

f. wildfire and major structural fire;

g. maritime and insular emergencies;

h. collapse or serious failure of essential infrastructure;

i. interruption of transportation, energy, communications, sanitation, food distribution or essential public services;

j. major displacement of populations;

k. environmental emergencies affecting human settlements or essential resources;

l. public-health emergencies requiring territorial civil coordination;

m. any other event formally classified by competent authority as presenting a serious threat to life, community continuity, essential infrastructure, or territorial security.

ARTICLE 5 — PERMANENT FUNCTIONS

The permanent functions of the Temperance Response Team shall comprise:

risk identification;

preparedness planning;

community preparedness;

early-warning coordination;

public emergency information;

evacuation planning;

emergency logistics;

coordination of available response resources;

protection of vulnerable persons;

continuity of essential institutional functions;

post-event assessment;

recovery coordination;

and preservation of emergency records.

TITLE III — SUBSIDIARITY AND AUTONOMOUS COMMUNITIES

ARTICLE 6 — COMMUNITY PRIMACY

Autonomous Indigenous communities shall constitute the primary territorial level of civil preparedness and immediate community response within their respective jurisdictions.

Each community may organize its own emergency arrangements according to its population, geography, resources, customary institutions, transportation conditions, environmental risks, and locally available capacities.

The State shall not require unnecessary administrative structures as a condition of community participation.

ARTICLE 7 — LOCAL EMERGENCY AUTHORITY

A participating autonomous community may designate the persons responsible for:

a. receiving warnings;

b. communicating verified information;

c. identifying persons requiring assistance;

d. organizing evacuation or shelter;

e. maintaining emergency supplies;

f. coordinating local transportation;

g. conducting initial damage assessment;

h. communicating requests for external assistance.

Existing community institutions may perform these functions without creation of a separate permanent bureaucracy.

ARTICLE 8 — ESCALATION BY NECESSITY

An emergency shall remain under the lowest competent level capable of responding effectively.

Where the magnitude of an event exceeds community capacity, assistance may be requested or coordinated at the territorial or State level.

Where State capacity is insufficient or specialized assistance is required, Xaragua may coordinate with competent external authorities, scientific institutions, humanitarian organizations, medical services, transportation providers, communications operators, or other available entities.

Such operational cooperation shall not, by itself, transfer constitutional authority or extinguish community autonomy.

TITLE IV — RISK INFORMATION AND EARLY WARNING

ARTICLE 9 — INFORMATION SOURCES

Emergency assessment may rely upon all competent and reasonably reliable sources, including:

meteorological services;

seismological institutions;

satellite observations;

hydrological information;

maritime forecasts;

scientific institutions;

universities;

community observations;

historical disaster records;

Indigenous and customary territorial knowledge;

communications providers;

and competent national or international warning systems.

No information shall be rejected merely because it originates outside Xaragua.

Its operational value shall be determined according to reliability, timeliness, technical competence, and relevance to the hazard concerned.

ARTICLE 10 — EARLY WARNING

The Temperance Response Team shall establish procedures for the rapid transmission of verified warnings to affected institutions and communities.

Warnings shall identify, to the extent reasonably ascertainable:

the hazard;

the territory concerned;

the expected period of danger;

the principal risks;

recommended protective measures;

and the authority responsible for subsequent instructions.

Information shall be communicated in forms reasonably accessible to the affected population.

ARTICLE 11 — PUBLIC COMMUNICATION

Official emergency communication shall be factual, concise, proportionate, and operational.

No authority shall knowingly conceal a serious verified danger or deliberately exaggerate a threat for political, disciplinary, financial, religious, or institutional purposes.

Uncertainty shall be communicated as uncertainty.

Confirmed information shall be distinguished from preliminary assessment, forecast, rumor, and unverified reporting.

TITLE V — PREPAREDNESS AND PREVENTION

ARTICLE 12 — TERRITORIAL RISK ASSESSMENT

The Temperance Response Team may maintain territorial risk assessments identifying areas exposed to recurrent or serious hazards.

Priority shall be given to:

coastal and insular settlements;

flood zones;

seismically vulnerable areas;

unstable slopes;

isolated mountain communities;

critical transportation corridors;

water infrastructure;

medical facilities;

educational facilities;

communications infrastructure;

food-storage facilities;

and sites essential to institutional continuity.

ARTICLE 13 — COMMUNITY PREPAREDNESS

Communities shall be encouraged to maintain proportionate arrangements concerning:

emergency water;

food reserves;

first aid;

communications;

evacuation routes;

temporary shelter;

transportation;

family reunification;

protection of children, elderly persons and persons with disabilities;

and identification of locally available equipment and personnel.

ARTICLE 14 — EDUCATION AND TRAINING

The University of Xaragua may support civil-protection training, technical education, research, public information, and community preparedness.

Training may include first aid, disaster psychology, emergency communication, evacuation management, basic search and rescue, fire prevention, hurricane preparedness, seismic preparedness, sanitation, emergency water management, logistics, and post-disaster community support.

Academic participation shall remain educational and technical and shall not convert the University into an emergency command authority.

TITLE VI — EMERGENCY OPERATIONS

ARTICLE 15 — ACTIVATION

The Temperance Response Team may be activated whenever credible information establishes a substantial threat or an emergency requiring coordinated action.

Activation may be preventive and need not await the occurrence of physical damage.

ARTICLE 16 — PROTECTIVE MEASURES

According to the circumstances and applicable law, competent authorities may coordinate:

warnings;

evacuations;

temporary shelters;

emergency transportation;

distribution of essential supplies;

medical referrals;

search and rescue;

communications restoration;

emergency water and sanitation;

temporary access restrictions to dangerous areas;

protection of essential infrastructure;

and other measures immediately necessary for protection of life and community continuity.

ARTICLE 17 — PROPORTIONALITY

Every extraordinary emergency measure shall correspond to an identifiable operational necessity.

Measures shall be territorially and temporally limited to what the emergency reasonably requires.

Emergency authority shall not be used to acquire unrelated governmental powers or permanently displace the ordinary institutions of autonomous communities.

ARTICLE 18 — PROTECTION OF PERSONS

Priority protection shall be afforded according to actual vulnerability and operational circumstances, including to:

children;

pregnant persons;

elderly persons;

persons with disabilities;

injured or ill persons;

persons without secure shelter;

isolated households;

and persons whose location or circumstances materially impede evacuation or access to essential services.

Protection shall be provided without arbitrary discrimination.

TITLE VII — COORDINATION OF AVAILABLE CAPACITIES

ARTICLE 19 — STATE INSTITUTIONS

Institutions of Xaragua shall, within their lawful competence and available capacity, cooperate with the Temperance Response Team during an activated emergency.

No institution shall acquire powers outside its lawful field merely by participating in emergency operations.

ARTICLE 20 — SECURITY AND DEFENCE CAPACITIES

Where civil resources are insufficient, authorized security or military capabilities may provide transportation, engineering, communications, logistics, search and rescue, medical evacuation, territorial access, infrastructure support, or protection necessary to civil emergency operations.

Civil-protection coordination shall not alter the constitutional chain of command governing such forces.

ARTICLE 21 — EXTERNAL COOPERATION

Xaragua may receive or coordinate technical, scientific, logistical, medical, humanitarian, communications, transportation, or material assistance from external institutions when such assistance serves an identified emergency requirement.

External assistance shall be evaluated according to operational necessity, competence, safety, accountability, and compatibility with the applicable law.

No emergency shall require the State to isolate itself from information or assistance capable of protecting human life.

TITLE VIII — RECOVERY AND CONTINUITY

ARTICLE 22 — INITIAL DAMAGE ASSESSMENT

Following a serious event, affected communities and competent institutions shall document, as circumstances permit:

loss of life and injury;

displacement;

housing damage;

infrastructure damage;

water and sanitation conditions;

food security;

transportation access;

communications;

health-service capacity;

environmental damage;

and immediate recovery requirements.

ARTICLE 23 — RECOVERY PRIORITIES

Recovery shall prioritize restoration of conditions necessary for ordinary community life.

Priority may be assigned to:

safe water;

food distribution;

shelter;

medical access;

sanitation;

transportation;

communications;

energy;

schools;

community facilities;

productive activity;

and essential public institutions.

ARTICLE 24 — COMMUNITY CONTINUITY

Reconstruction and recovery measures affecting autonomous Indigenous communities shall respect their institutions, territorial conditions, customary organization, and participation in decisions materially affecting them.

Emergency reconstruction shall not constitute an independent basis for permanent displacement, dispossession, alteration of community authority, or appropriation of ancestral resources.

TITLE IX — INSTITUTIONAL ORGANIZATION

ARTICLE 25 — COORDINATION

The Temperance Response Team shall operate under the constitutional authority of the Office of the Rector-President.

A Coordinator may be appointed to direct its operational functions.

The Coordinator shall be responsible for preparedness, activation, interinstitutional coordination, emergency records, operational reporting, and implementation of this Law.

ARTICLE 26 — COMPACT ORGANIZATION

The Temperance Response Team may operate through designated officers, community representatives, technical advisers, volunteers, institutional personnel, and cooperating organizations according to operational necessity.

Nothing in this Law requires the establishment of permanent subordinate departments where the relevant function can be performed through existing institutions or designated personnel.

ARTICLE 27 — TECHNICAL EXPERTISE

The Coordinator may request scientific, engineering, medical, logistical, environmental, maritime, aviation, communications, psychosocial, architectural, agricultural, or other specialized advice necessary for preparedness or response.

Technical advisers acquire no independent governmental authority by reason of such participation.

TITLE X — RECORDS, REVIEW AND ACCOUNTABILITY

ARTICLE 28 — EMERGENCY RECORD

For each major activation, an institutional record shall be maintained, to the extent practicable, identifying:

the event;

warnings received;

principal decisions;

territories affected;

resources mobilized;

external assistance received;

major expenditures;

casualties and displacement reported;

and recovery measures undertaken.

ARTICLE 29 — POST-EVENT REVIEW

Following a major emergency, the Temperance Response Team shall conduct an operational review sufficient to determine:

what occurred;

which measures were effective;

which failures occurred;

which communities or infrastructure remain vulnerable;

and which preventive measures should be modified.

The purpose of such review shall be institutional improvement and preservation of State and community knowledge.

TITLE XI — CONSTITUTIONAL GUARANTEES

ARTICLE 30 — CONTINUITY OF CONSTITUTIONAL ORDER

The existence of a disaster or emergency shall not, by itself, suspend the constitutional order of Xaragua.

Emergency powers shall arise only from competent law or constitutional authority and shall remain subject to the principles of necessity, proportionality, territorial relevance, and institutional competence.

ARTICLE 31 — AUTONOMOUS COMMUNITY GUARANTEE

No emergency instrument shall be interpreted as permanently extinguishing or absorbing the lawful internal authority of an autonomous Indigenous community.

Temporary coordination required by immediate necessity shall terminate when the conditions justifying it cease.

ARTICLE 32 — HUMAN DIGNITY

Emergency administration shall preserve the legal personality, dignity, family integrity, privacy, property interests, cultural identity, and procedural rights of affected persons to the greatest extent compatible with immediate protection of life and public safety.

TITLE XII — DULITHA JOSEPH GOUSSE INSTITUTIONAL DESIGNATION

ARTICLE 33 — OFFICIAL DESIGNATION

The civil-protection institution established by this Law shall permanently bear the designation:

DULITHA JOSEPH GOUSSE TEMPERANCE RESPONSE TEAM.

The designation shall be entered in the institutional and historical records of Xaragua.

ARTICLE 34 — MEANING OF TEMPERANCE

For purposes of this institution, Temperance shall constitute a doctrine of public administration requiring disciplined judgment under conditions of uncertainty, proportionality of governmental action, factual public communication, preservation of institutional order, and decisive action when objective circumstances require intervention.

It shall not be interpreted as a limitation upon scientifically necessary warning, evacuation, rescue, medical intervention, or other urgent protective action.

TITLE XIII — FINAL PROVISIONS

ARTICLE 35 — RELATIONSHIP WITH OTHER LAW

This Law shall be applied together with the Constitution, civil-protection provisions, environmental law, health law, territorial law, criminal law, Indigenous customary law recognized by Xaragua, and other applicable instruments.

Where another institution possesses specialized legal competence, the Temperance Response Team shall coordinate with that institution rather than assume its powers.

ARTICLE 36 — IMPLEMENTATION

The Office of the Rector-President may issue such implementing instruments as are necessary to establish:

warning procedures;

activation criteria;

community coordination protocols;

emergency communication procedures;

minimum preparedness standards;

resource inventories;

interinstitutional coordination arrangements;

and post-event reporting requirements.

ARTICLE 37 — INSTITUTIONAL CONTINUITY

The Temperance Response Team is established as a permanent institution of Xaragua.

Its organization, procedures, personnel, and operational mechanisms may be amended by competent authority as territorial conditions, scientific knowledge, institutional capacity, and public requirements evolve.

No organizational form, administrative procedure, technical system, or emergency doctrine shall be deemed immutable merely because it was adopted at a particular stage of institutional development.

ARTICLE 38 — ENTRY INTO FORCE

The present Supreme Organic Constitutional Law shall enter into force upon promulgation, registration, certification, and deposit with the General Archives of the State.

All previous provisions governing the Dulitha Joseph Gousse Temperance Response Team that are inconsistent with the present Law are hereby repealed or superseded to the extent of such inconsistency.

SUPREME EXECUTORY ORDER

Every competent institution, officer, participating autonomous community, territorial authority, academic body, civil-protection participant, and authorized public instrument of Xaragua shall recognize the Dulitha Joseph Gousse Temperance Response Team as the permanent institution responsible for the coordination of civil preparedness, disaster-risk reduction, emergency response, and territorial recovery within the constitutional order of Xaragua.

Its authority shall be exercised according to subsidiarity, institutional competence, scientific reliability, proportionality, community autonomy, protection of life, and continuity of constitutional government.

ISSUED, PROMULGATED, CERTIFIED, AND ORDERED FOR EXECUTION

BY THE SUPREME CONSTITUTIONAL AUTHORITY OF THE RECTOR-PRESIDENT

PASCAL DESPUZEAU DAUMEC VIAU

RECTOR-PRESIDENT OF XARAGUA

Issued at Miragoâne,

Constitutional Capital of the Sovereign Catholic Indigenous and Private State of Xaragua.

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

GENERAL ARCHIVES OF THE STATE

UNIVERSITY OF XARAGUA

DULITHA JOSEPH GOUSSE TEMPERANCE RESPONSE TEAM

OFFICIAL STATE FORMULA

PREVENTION — PREPAREDNESS — TEMPERANCE — RESPONSE — CONTINUITY

Jacqueline Viau Foundation

The Jacqueline Viau Foundation is a tribute to Madame Jacqueline Viau, mother of the founder, a deeply Catholic woman born and raised in Miragoâne. Daughter of Paul Viaud, she embodied a life of faith, dignity, and dedication to her community.

This foundation honors her legacy through social and educational initiatives in Miragoâne and Léogâne. Its mission is to support efforts that strengthen stability, faith, and education, contributing to a structured and prosperous future for the next generations.

Through concrete actions, the Jacqueline Viau Foundation continues her legacy by providing support to families, youth, and local communities, guided by the spirit of service and responsibility that defined her life.

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

MINISTRY OF YOUTH AND SPORTS

UNIVERSITY OF XARAGUA

JACQUELINE VIAU FOUNDATION

GENERAL ARCHIVES OF THE STATE

SUPREME ORGANIC LAW

ON THE ESTABLISHMENT, INSTITUTIONAL PROTECTION, TERRITORIAL ADMINISTRATION AND PERMANENT STATUS OF THE XARAGUAYAN YOUTH DEVELOPMENT MODEL

Date of Original Promulgation: 11 May 2025

Territorial Scope: Entire Ancestral Territory of Xaragua

Official Classification: Supreme Youth-Development Instrument — Social Infrastructure Law — Indigenous Educational Protection Statute — Youth Reintegration Framework — Institutional Identity and Accreditation Act

Constitutional Authority: Office of the Rector-President

Competent Executive Authority: Ministry of Youth and Sports

Academic Authority: University of Xaragua

Participating Institution: Jacqueline Viau Foundation

Legal Status: Permanent Organic Law of the State

PREAMBLE

The Sovereign Catholic Indigenous and Private State of Xaragua,

Recognizing that the intellectual, civic, physical, social and territorial formation of youth constitutes a fundamental obligation of institutional continuity;

Affirming the right of Indigenous peoples to establish and control their own educational, cultural and social institutions and to transmit their values, histories, knowledge and systems of collective responsibility;

Considering that youth protection cannot be reduced to formal schooling, but requires stable community institutions, territorial participation, disciplined formation, psychosocial support, recreation, leadership development and structured pathways of reintegration;

Determining that the network composed of the Maison Paul Viaud Youth Houses, regional camps, territorial immersion programmes, youth councils and reintegration centres constitutes a unified and distinctive public institutional model;

Hereby ESTABLISHES, CLASSIFIES AND PLACES UNDER PERMANENT PROTECTION the Xaraguayan Youth Development Model.

TITLE I — CONSTITUTIONAL ESTABLISHMENT

Article 1 — Official Designation

The integrated youth-development system of Xaragua is hereby constituted under the official designation:

XARAGUAYAN YOUTH DEVELOPMENT MODEL

The Model constitutes permanent social, educational, recreational and territorial infrastructure of the State.

Article 2 — Constituent Institutions

The Model comprises:

a) the Maison Paul Viaud Youth Houses;

b) permanent and seasonal regional camps;

c) youth reintegration and transition centres;

d) territorial immersion programmes;

e) physical, sporting and recreational programmes;

f) agricultural and technical self-sufficiency modules;

g) youth councils and participatory institutions; and

h) academic formation and certification administered by the University of Xaragua.

Article 3 — Fundamental Objectives

The Model shall pursue:

a) personal discipline and civic responsibility;

b) educational continuityment and intellectual formation;

c) leadership development;

d) physical preparation and sport;

e) psychosocial stabilization;

f) prevention of exclusion, violence and substance dependency;

g) community service;

h) territorial and environmental knowledge;

i) economic and technical preparation; and

j) social reintegration.

TITLE II — MAISON PAUL VIAUD

Article 4 — National Network

The Maison Paul Viaud is established as the official community-based youth institution of Xaragua.

Each House may provide supervised study, cultural activity, sport, counselling, technical formation, food programmes, community service and structured recreation.

Article 5 — Institutional Protection of Name

The designation Maison Paul Viaud, its official insignia, programme architecture and institutional identity are protected components of the public patrimony of Xaragua.

No person or external institution may employ the designation in a manner falsely implying authorization, affiliation, accreditation or governmental status.

TITLE III — CAMPS AND TERRITORIAL IMMERSION

Article 6 — Regional Camps

Regional camps may operate throughout the year as centres of:

a) physical formation;

b) environmental education;

c) agricultural instruction;

d) civil protection;

e) first-response preparation;

f) territorial orientation;

g) collective discipline; and

h) leadership development.

Article 7 — Territorial Immersion

Territorial immersion programmes shall connect youth with autonomous communities, agricultural zones, coastal regions, historical sites and institutions of Xaragua.

Participation shall be governed by safeguarding, supervision, health, transportation and emergency-response standards.

TITLE IV — REINTEGRATION SYSTEM

Article 8 — Reintegration Centres

Youth reintegration centres shall provide structured programmes for persons affected by educational interruption, family instability, substance dependency, displacement, institutional discharge or social exclusion.

Article 9 — Individual Reintegration Plan

Each participant shall receive a documented plan addressing, where applicable:

a) education;

b) psychosocial support;

c) family relations;

d) vocational formation;

e) housing stability;

f) health-service referral;

g) community participation; and

h) transition toward autonomous functioning.

TITLE V — EDUCATIONAL AND ACADEMIC ORDER

Article 10 — Programme Content

The educational order may incorporate:

a) Indigenous history and institutions;

b) civic and constitutional formation;

c) leadership and public responsibility;

d) trauma-informed psychosocial education;

e) conflict management;

f) sport and physical conditioning;

g) agriculture, maritime activity and territorial skills;

h) entrepreneurship and cooperative production;

i) civil protection and emergency preparedness; and

j) digital literacy.

Article 11 — University Authority

The University of Xaragua shall possess exclusive authority to issue academic attestations, certificates or institutional credentials bearing its name in relation to the Model.

Participation in a youth programme shall not, by itself, constitute an academic degree or professional licence.

Article 12 — Formation of Personnel

Directors, counsellors, instructors, camp personnel, coaches and youth officers shall receive formation appropriate to their assigned responsibilities.

Functions involving medical, psychological, legal or other regulated professional acts shall remain reserved to independently qualified persons.

TITLE VI — GOVERNANCE

Article 13 — Supreme Authority

The Office of the Rector-President shall determine the constitutional orientation and permanent institutional status of the Model.

Article 14 — Executive Administration

The Ministry of Youth and Sports shall administer territorial deployment, programme authorization, safeguarding standards, inspections and interinstitutional coordination.

Article 15 — Jacqueline Viau Foundation

The Jacqueline Viau Foundation may participate in fundraising, material support, scholarships, community partnerships and programme development under agreements preserving institutional accountability.

TITLE VII — YOUTH PARTICIPATION AND DIGITAL ADMINISTRATION

Article 16 — Youth Councils

Youth councils may be constituted within Houses, camps and territorial programmes to provide structured participation in programme life, community initiatives and institutional consultation.

Article 17 — Digital Identification

The Xaragua Digital Identification System may be used for enrolment, attendance, credential verification, programme access and authenticated participation in youth councils.

Article 18 — Protection of Minors’ Data

The collection of personal or biometric information concerning minors shall be limited to defined institutional purposes and governed by:

a) data minimization;

b) secure storage;

c) restricted access;

d) defined retention periods;

e) prohibition of unauthorized transfer; and

f) parental, guardian or legally sufficient authorization where required.

TITLE VIII — FINANCIAL ORDER

Article 19 — Sources of Financing

The Model may be financed through:

a) State allocations;

b) proportionate family contributions;

c) philanthropic grants;

d) institutional partnerships;

e) programme-generated revenue; and

f) authorized trust or endowment mechanisms.

Article 20 — Accessibility

Family contributions may be assessed through a sliding-scale system.

Inability to pay shall not automatically exclude a young person from essential protection or reintegration services.

Article 21 — Financial Accountability

All funds shall remain subject to registration, designated-purpose accounting, institutional audit and prohibition of private diversion.

TITLE IX — INTERNATIONAL AND INDIGENOUS FOUNDATION

Article 22 — Applicable Principles

This Law shall be interpreted consistently with:

a) Articles 4, 5, 14, 21, 22, 31, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples;

b) Articles 3, 12, 23, 28, 29, 30 and 31 of the Convention on the Rights of the Child;

c) Articles 2, 5, 7 and 27 to 31 of International Labour Organization Convention No. 169; and

d) the internal constitutional, educational, customary and child-protection order of Xaragua.

Article 23 — Best Interests and Participation

The best interests, dignity, safety, development and informed participation of the young person shall govern every programme decision affecting that person.

TITLE X — INSTITUTIONAL PROTECTION

Article 24 — Protected Components

The following constitute protected elements of the Model:

a) official names and insignia;

b) institutional manuals;

c) curricula and training materials;

d) certification systems;

e) digital platforms and software;

f) confidential participant records;

g) original operational designs; and

h) documented Indigenous knowledge.

Article 25 — Prohibited Representations

No unauthorized person may:

a) falsely claim affiliation with the Model;

b) issue purported University of Xaragua credentials;

c) use the Maison Paul Viaud identity deceptively;

d) access or reproduce protected youth data;

e) represent an external programme as an official institution of Xaragua; or

f) commercialize protected institutional materials without authorization.

Article 26 — Permitted Independent Activity

The existence of this Law shall not prohibit independently created youth houses, camps or social programmes that neither appropriate protected materials nor falsely claim Xaraguayan authorization.

Institutional protection shall attach to the distinctive identity, proprietary corpus, official accreditation and administrative systems of the Model.

TITLE XI — SAFEGUARDING AND SUPERVISION

Article 27 — Mandatory Protection Standards

Every institution governed by this Law shall maintain:

a) personnel verification;

b) codes of conduct;

c) supervision ratios;

d) reporting procedures;

e) emergency protocols;

f) protection against violence and exploitation;

g) confidential complaint mechanisms; and

h) referral pathways toward competent services.

Article 28 — Inspection

The competent authority may inspect programmes, suspend activities, remove personnel from youth contact, revoke authorization and order corrective measures where institutional standards are violated.

TITLE XII — ENFORCEMENT

Article 29 — Administrative Measures

Violations may result in:

a) cease-and-desist orders;

b) withdrawal of institutional recognition;

c) suspension or revocation of operating authorization;

d) exclusion from Xaraguayan funding;

e) protection and recovery of confidential data; and

f) referral to the competent civil or criminal jurisdiction.

Article 30 — External Representation

Documented misuse of Indigenous knowledge, institutional identity or youth data may be submitted to competent Indigenous, educational, intellectual-property or human-rights institutions.

TITLE XIII — PERMANENCE

Article 31 — Permanent Institutional Status

The Xaraguayan Youth Development Model and the Maison Paul Viaud network are constituted as permanent institutions of the State.

Administrative inactivity, political succession, territorial reorganization or temporary suspension of an individual programme shall not extinguish their legal existence.

Article 32 — Amendment

The essential institutional character of the Model may be amended only through an express constitutional instrument adopted with the concurrence of the Rector-President and the Council of Great Notables.

Article 33 — Entry into Force

This Law entered into force on 11 May 2025 and shall be permanently entered into the General Archives of the State.

FINAL STATE DECLARATION

The Xaraguayan Youth Development Model constitutes the organized passage from childhood to institutional responsibility, territorial belonging and community participation.

Its Houses shall provide continuity.

Its camps shall transmit discipline and territorial knowledge.

Its reintegration centres shall restore viable pathways.

Its councils shall prepare participation.

Its educational order shall form the succeeding generation of Xaragua.

SO ESTABLISHED.

SO PROTECTED.

SO ENACTED.

SO ENTERED INTO THE PERMANENT RECORD OF THE STATE.

PASCAL VIAU

RECTOR-PRESIDENT

PROMULGATED UNDER THE SUPREME AUTHORITY OF THE OFFICE OF THE RECTOR-PRESIDENT

11 MAY 2025