SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA (SCIPS‑X)
SUPREME CONSTITUTIONAL AUTHORITY
OFFICE OF THE RECTOR-PRESIDENT
SUPREME LEGISLATIVE INSTRUMENT
ON PUBLIC INTEGRITY, INDIVIDUAL ACCOUNTABILITY, INTERNATIONAL CRIMINAL DOCUMENTATION, AND MULTI-JURISDICTIONAL REFERRAL CONCERNING PUBLIC FUNCTIONARIES OPERATING WITHIN THE RESIDUAL ADMINISTRATIVE APPARATUS OF THE FORMER REPUBLIC OF HAITI
Date of Original Promulgation: August 6, 2025
Consolidated and Restated by Supreme Constitutional Authority
LEGAL CLASSIFICATION
– Supreme Canonico-Indigenous Legislative Instrument
– Public Integrity and Individual Accountability Act
– Transnational Criminal Documentation and Referral Statute
– Constitutional Framework for Institutional Liability and Command Responsibility
– Act Establishing the Xaraguayan Public Accountability Registry
– Supreme Law on Administrative Exclusion, Territorial Protection, and International Cooperation
PREAMBLE
Whereas the Sovereign Catholic Indigenous Private State of Xaragua, hereinafter “Xaragua” or “SCIPS‑X,” constitutes a distinct Indigenous, Catholic, customary, academic, proprietary, and constitutional order possessing its own government, institutions, population, territorial doctrine, laws, archives, and capacity for external institutional relations;
Whereas Xaragua exercises the inherent authority to protect its citizens, inhabitants, members, communities, institutions, properties, Indigenous domains, sacred places, archives, resources, and territories against corruption, predation, organized violence, administrative abandonment, and institutional complicity;
Whereas public office constitutes a legal trust and cannot be used as a shield for corruption, repression, criminal cooperation, deliberate abandonment, illicit enrichment, trafficking, persecution, or systematic violation of fundamental rights;
Whereas criminal responsibility is individual and may arise from direct commission, ordering, solicitation, inducement, material assistance, knowing contribution, superior responsibility, concealment, obstruction, or another legally established mode of participation;
Whereas institutional collapse does not extinguish the personal responsibility of officials who retain authority, effective control, access to public resources, decision-making capacity, or knowledge of criminal conduct;
Whereas international crimes, serious human-rights violations, organized criminal activity, corruption, and attacks against Indigenous or religious communities may engage different legal systems according to the nature of the conduct, territorial and personal jurisdiction, applicable treaties, domestic legislation, and the competence of each receiving authority;
Whereas Xaragua possesses the constitutional authority to investigate for its own institutional purposes, preserve evidence, establish findings under its internal law, impose administrative and constitutional measures within its jurisdiction, and transmit substantiated files to competent national, international, regional, ecclesiastical, and professional authorities;
Whereas an internal finding of Xaragua does not depend upon authorization from the Residual Administrative Unit, and an external criminal conviction remains within the competence of the court or authority lawfully receiving a referral;
Now, therefore, the Supreme Constitutional Authority promulgates this Instrument to terminate institutional impunity within the Xaraguayan sphere, establish a permanent system of evidence preservation, and organize the referral of substantiated violations to every competent jurisdiction.
TITLE I — CONSTITUTIONAL FOUNDATION AND SCOPE
Article 1 — Constitutional Authority of Xaragua
1.1. Xaragua exercises original constitutional, customary, territorial, institutional, protective, academic, proprietary, and administrative authority within the order established by its Supreme Constitution and legislative instruments.
1.2. Xaragua determines its own institutions, membership, territorial classifications, administrative relationships, public protections, internal sanctions, evidentiary standards, and conditions of access to its offices, properties, programs, archives, and jurisdictions.
1.3. Xaragua’s internal constitutional existence and legal production shall not be suspended by the absence of foreign recognition or by the refusal of an external administration to acknowledge its laws.
1.4. Xaragua may notify States, churches, international organizations, Indigenous bodies, universities, courts, prosecutors, professional regulators, civil-society institutions, and other competent authorities of its laws, findings, claims, and documented evidence.
1.5. Each external authority shall exercise its own competence according to the law governing it. Such independent consideration shall not diminish the internal force of Xaraguayan constitutional determinations.
Article 2 — Persons Subject to Review
2.1. This Instrument applies, for Xaraguayan constitutional and administrative purposes, to any current or former person who formally, informally, temporarily, or permanently exercises or claims to exercise public power within territories, communities, institutions, or populations claimed or protected by Xaragua.
2.2. Covered persons include:
a) Presidents, prime ministers, ministers, secretaries of State, directors-general, commissioners, delegates, and senior advisers;
b) Members of legislative bodies and persons exercising legislative functions;
c) Judges, prosecutors, clerks, investigating magistrates, judicial police officers, and court administrators;
d) Police, military, intelligence, customs, border, prison, coastguard, and civil-protection personnel;
e) Mayors, municipal officers, local delegates, communal administrators, and territorial representatives;
f) Officers and administrators of public enterprises, autonomous agencies, regulatory bodies, public funds, and parastatal institutions;
g) Contractors, concessionaires, intermediaries, political appointees, private security operators, and other persons exercising delegated public functions;
h) De facto authorities, armed intermediaries, or private actors acting under the direction, protection, financing, tolerance, or effective control of public officials.
2.3. Former office does not prevent review of conduct committed while the person exercised authority.
2.4. Official title, rank, political affiliation, temporary appointment, diplomatic status, or hierarchical position shall not prevent Xaragua from recording evidence, making internal findings, imposing measures within its competence, or transmitting a file to an external authority.
Article 3 — Territorial and Institutional Connection
3.1. Xaragua may open a file where the alleged conduct:
a) Occurred within a territory claimed, incorporated, administered, protected, or constitutionally classified by Xaragua;
b) Affected a Xaraguayan citizen, inhabitant, member, officer, institution, community, property, archive, resource, sacred place, or protected person;
c) Was directed against the constitutional, Indigenous, Catholic, academic, economic, territorial, or institutional interests of Xaragua;
d) Involved public funds, resources, documents, infrastructure, or authority affecting a Xaraguayan territory or population;
e) Created a continuing threat or consequence within the Xaraguayan constitutional order.
3.2. The opening of a Xaraguayan file constitutes the exercise of internal protective and documentary authority.
3.3. It shall not be represented as an external criminal conviction unless a competent criminal court has rendered such a judgment.
TITLE II — INDIVIDUAL RESPONSIBILITY
Article 4 — Principle of Personal Accountability
4.1. Public institutions act through natural persons. Responsibility shall therefore be attributed to identifiable decision-makers, commanders, agents, facilitators, financiers, beneficiaries, and participants according to their conduct and degree of involvement.
4.2. Responsibility may arise from:
a) Direct commission;
b) Ordering, directing, requesting, soliciting, or inducing an offense;
c) Planning or coordinating criminal conduct;
d) Providing weapons, money, intelligence, vehicles, facilities, documents, personnel, protection, or other substantial assistance;
e) Knowingly contributing to a common criminal purpose;
f) Concealing evidence, protecting perpetrators, intimidating witnesses, or obstructing an investigation;
g) Exercising effective authority and control over subordinates while failing to take necessary and reasonable measures to prevent, repress, report, or submit criminal conduct for investigation;
h) Deliberately refusing to perform a specific legal duty where the omission substantially contributes to a prohibited result.
4.3. Liability shall be assessed according to the elements of the applicable offense, including conduct, knowledge, intent, duty, capacity, causation, contribution, and applicable defenses.
4.4. Mere occupation of office shall not automatically establish criminal guilt. It may establish a duty of accountability, disclosure, explanation, cooperation, preservation of records, and institutional responsibility.
4.5. A pattern of deliberate inaction, concealment, obstruction, collusion, illicit benefit, or continued support despite knowledge of criminal conduct may constitute evidence of complicity or superior responsibility.
Article 5 — Command and Superior Responsibility
5.1. A military commander, police commander, civilian superior, minister, director, or de facto authority may be examined for superior responsibility where:
a) The person exercised effective command, authority, or control;
b) The person knew, consciously disregarded information, or possessed information clearly indicating that subordinates were committing or preparing to commit crimes;
c) The crimes concerned activities within the superior’s effective responsibility and control;
d) The superior failed to take necessary and reasonable measures to prevent or repress the conduct or submit it to competent authorities.
5.2. Rank shall not alone establish effective control. Operational orders, appointments, budgetary authority, communications, reporting structures, disciplinary power, material capacity, and actual conduct may be considered.
5.3. Resignation does not erase responsibility for prior conduct.
5.4. Continued occupation of office after documented knowledge of systematic criminal conduct may constitute evidence relevant to knowledge, control, acquiescence, obstruction, or contribution.
Article 6 — Official Capacity and Immunity
6.1. No public office shall create immunity from investigation, documentation, constitutional review, administrative exclusion, or referral by Xaragua.
6.2. Questions of immunity before an external court shall be determined by that court according to its governing law.
6.3. Within the Xaraguayan constitutional order, no present or former public functionary may invoke an external title to obtain automatic immunity from:
a) Constitutional findings;
b) Exclusion from Xaraguayan territory, institutions, ceremonies, contracts, programs, or offices;
c) Suspension of recognition, privilege, protection, access, or cooperation;
d) Publication of a lawfully adopted institutional determination;
e) Referral of evidence to another competent authority.
TITLE III — CATEGORIES OF REVIEWABLE CONDUCT
Article 7 — Corruption and Misappropriation
7.1. Xaragua may investigate and document:
a) Embezzlement, diversion, theft, concealment, or unauthorized use of public funds;
b) Bribery, extortion, kickbacks, influence trading, and illicit commissions;
c) Abuse of authority for personal, familial, political, commercial, or criminal benefit;
d) Fraudulent public procurement, fictitious contracts, overbilling, and payment for undelivered services;
e) Nepotistic or patronage-based appointments used to facilitate corruption or obstruct institutional functions;
f) Misappropriation of humanitarian assistance, development funds, customs revenue, public property, natural resources, or international financing;
g) Unexplained enrichment connected to public office;
h) Concealment, laundering, transfer, or beneficial ownership of proceeds derived from public corruption.
7.2. Financial responsibility may extend to intermediaries, nominees, companies, foundations, relatives, associates, and professional facilitators where evidence demonstrates knowing participation or receipt of illicit assets.
Article 8 — Criminal Collaboration and Public-Security Violations
8.1. Reviewable conduct includes:
a) Creation, financing, arming, directing, protecting, supplying, or politically deploying armed groups;
b) Cooperation, negotiation, or operational coordination with gangs for unlawful purposes;
c) Transfer of police or military weapons, ammunition, uniforms, vehicles, intelligence, facilities, or territorial control to criminal actors;
d) Deliberate obstruction of lawful security operations;
e) Removal or disarmament of lawful agents for the purpose of facilitating criminal control;
f) Knowing abandonment of a population or strategic territory pursuant to an arrangement with criminal actors;
g) Protection of traffickers, kidnappers, armed commanders, financiers, or persons responsible for systematic violence;
h) Retaliation against officers, magistrates, journalists, clergy, witnesses, community leaders, or whistleblowers investigating criminal networks.
8.2. Institutional incapacity shall be distinguished from deliberate collaboration. Repeated protection, material assistance, illicit benefit, coordinated conduct, concealment, or obstruction may establish evidence of criminal participation.
Article 9 — Serious Violations Against Persons
9.1. Reviewable acts include:
a) Unlawful killing and extrajudicial execution;
b) Enforced disappearance;
c) Torture and cruel, inhuman, or degrading treatment;
d) Arbitrary or unlawful detention;
e) Kidnapping, hostage-taking, sequestration, and unlawful confinement;
f) Rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilization, and other serious sexual violence;
g) Enslavement, forced labor, trafficking in persons, and recruitment or use of children in armed activity;
h) Persecution directed against an identifiable political, religious, Indigenous, regional, professional, social, or other protected group;
i) Forced displacement, unlawful deportation, and organized expulsion of communities;
j) Deliberate obstruction of essential humanitarian, medical, religious, or emergency assistance;
k) Attacks against hospitals, schools, universities, religious institutions, humanitarian personnel, journalists, or civil-protection services.
Article 10 — Transnational and Economic Crimes
10.1. Xaragua may document:
a) Trafficking in narcotics, weapons, ammunition, persons, human organs, protected species, cultural property, or stolen assets;
b) Money laundering and concealment of criminal proceeds;
c) Fraudulent issuance or sale of passports, visas, identity records, official titles, licenses, concessions, or diplomatic documents;
d) Organized customs fraud, illicit contraband, and systematic diversion of public revenue;
e) Illegal extraction, concession, export, sale, or appropriation of minerals, petroleum, forests, fisheries, water, cultural patrimony, or other resources;
f) Cybercrime, electronic theft, identity manipulation, financial fraud, and destruction or falsification of public records;
g) Use of foreign corporations, trusts, banks, digital assets, charities, or intermediaries to conceal public corruption or organized criminal activity.
Article 11 — Institutional Obstruction
11.1. Reviewable obstruction includes:
a) Destruction, alteration, concealment, falsification, or removal of evidence or public records;
b) Refusal to execute a final judicial order without lawful justification;
c) Interference with judges, prosecutors, investigators, auditors, journalists, witnesses, victims, or human-rights defenders;
d) Retaliation against persons reporting corruption, violence, trafficking, or abuse of authority;
e) Knowingly submitting false information to an investigative or judicial authority;
f) Harboring, relocating, financing, or facilitating the escape of an alleged perpetrator;
g) Preventing the registration, investigation, or prosecution of serious crimes;
h) Misusing secrecy, classification, immunity, or administrative procedure to conceal unlawful conduct.
Article 12 — Violations Affecting Indigenous and Catholic Institutions
12.1. Xaragua may investigate and document:
a) Destruction, seizure, desecration, unlawful occupation, or trafficking of Indigenous sacred objects, burial sites, ancestral lands, archives, cultural property, churches, chapels, shrines, cemeteries, schools, and religious institutions;
b) Violence, threats, persecution, kidnapping, or obstruction directed against clergy, religious personnel, missionaries, catechists, Indigenous custodians, community authorities, or members of the Catholic Order of Xaragua;
c) Unlawful interference with worship, funerals, religious instruction, sacred ceremonies, or access to places of worship;
d) Organized dispossession of Indigenous families or communities;
e) Unauthorized extraction or destruction of resources situated within recognized ancestral domains;
f) Official concealment or facilitation of attacks against religious or Indigenous institutions.
12.2. Canonical consequences concerning members of the Catholic Church shall remain within the competence of the relevant ecclesiastical authority.
12.3. Xaragua may independently impose constitutional, administrative, institutional, territorial, proprietary, contractual, and membership consequences within its own jurisdiction.
TITLE IV — XARAGUAYAN ACCOUNTABILITY MECHANISM
Article 13 — Office of Public Integrity and International Accountability
13.1. There is hereby established, under the Supreme Constitutional Authority, the Xaraguayan Office of Public Integrity and International Accountability, hereinafter “the Office.”
13.2. Until separately constituted, its powers may be exercised directly by the Office of the Rector-President or by a commissioner appointed by the Rector-President.
13.3. The Office shall:
a) Receive complaints, reports, testimony, documents, audiovisual material, financial records, and open-source information;
b) Preserve and classify evidence;
c) Establish confidential and public case files;
d) Conduct preliminary assessments;
e) Request information from persons, institutions, communities, and partner organizations;
f) Identify applicable jurisdictions and referral channels;
g) Prepare constitutional findings, legal memoranda, evidentiary dossiers, and referral packages;
h) Maintain the Xaraguayan Public Accountability Registry;
i) Recommend administrative, territorial, financial, contractual, institutional, or constitutional measures;
j) Coordinate protection for witnesses, victims, investigators, and custodians of evidence where practicable.
Article 14 — Evidentiary Standards
14.1. Information received by the Office shall be evaluated according to its source, authenticity, reliability, corroboration, context, chain of custody, and relevance.
14.2. The Office may distinguish between:
a) Unverified allegation;
b) Credible information requiring further inquiry;
c) Reasonable grounds for a formal investigation;
d) Substantiated constitutional finding;
e) Evidence suitable for referral to a competent authority;
f) Final judgment rendered by a competent court.
14.3. No allegation shall be presented as a criminal conviction unless adjudicated by a competent criminal court.
14.4. Xaragua may nevertheless adopt protective or administrative measures on the basis of a documented risk, credible evidence, constitutional incompatibility, or institutional-security determination.
14.5. Evidentiary material shall be preserved in original form whenever possible, together with information identifying its provenance, date, location, custodian, and method of acquisition.
Article 15 — Right of Response
15.1. Before the publication of a final individualized constitutional finding, the Office may notify the person concerned and provide a reasonable opportunity to submit a response, except where notification would create a substantial risk of flight, retaliation, destruction of evidence, or danger to victims and witnesses.
15.2. Failure to respond may be recorded but shall not alone establish criminal guilt.
15.3. Knowingly false statements, concealment of relevant records, intimidation of witnesses, or destruction of evidence may constitute independent grounds for an adverse finding and external referral.
Article 16 — Confidentiality and Publication
16.1. The Office may maintain confidential files where necessary to protect investigations, witnesses, victims, minors, sensitive sources, personal data, or future proceedings.
16.2. Publication may occur where:
a) The evidence has been sufficiently verified;
b) Publication serves a legitimate protective, constitutional, historical, or public-interest purpose;
c) Disclosure does not create an unreasonable risk to victims, witnesses, or active proceedings;
d) The nature of the determination is accurately identified.
16.3. Public records may include names, official functions, periods of service, alleged conduct, evidentiary status, constitutional findings, sanctions, referrals, and subsequent judicial developments.
TITLE V — INTERNAL MEASURES OF XARAGUA
Article 17 — Constitutional and Administrative Measures
17.1. Upon a substantiated finding, the Supreme Constitutional Authority may impose one or more of the following measures:
a) Formal censure or declaration of institutional responsibility;
b) Prohibition from holding office, employment, commission, rank, honor, or representation within Xaragua;
c) Exclusion from Xaraguayan territory, properties, institutions, ceremonies, contracts, programs, platforms, or protected facilities;
d) Suspension or withdrawal of citizenship privileges, institutional membership, accreditation, recognition, license, commission, protection, or honorary status;
e) Debarment from procurement, concessions, partnerships, financing, employment, and commercial relations with Xaraguayan institutions;
f) Freezing, sequestration, recovery, or restitution measures concerning assets subject to Xaraguayan control, consistent with applicable procedures;
g) Revocation of decorations, distinctions, appointments, credentials, or institutional titles issued by Xaragua;
h) Referral for prosecution, professional discipline, financial investigation, asset recovery, immigration review, or international cooperation;
i) Any protective measure necessary to safeguard Xaraguayan persons, institutions, resources, territory, archives, or constitutional order.
17.2. These measures are constitutional and administrative unless expressly imposed following a criminal process established under Xaraguayan law.
Article 18 — Exclusion from the Catholic Order of Xaragua
18.1. A member, officer, companion, affiliate, beneficiary, or honorary dignitary of the Catholic Order of Xaragua may be suspended or expelled for grave corruption, criminal collaboration, violence, betrayal of public trust, persecution, sacrilege, or conduct fundamentally incompatible with the Order.
18.2. Such exclusion concerns membership in the Order and does not purport to impose excommunication or another canonical penalty reserved to competent ecclesiastical authority.
18.3. Where the person is Catholic and the conduct may constitute a canonical offense, the evidence may be transmitted to the competent ecclesiastical authority.
Article 19 — Duty to Relinquish Incapable or Compromised Office
19.1. A functionary who knowingly lacks the capacity, independence, resources, authority, or willingness required to discharge essential public duties shall disclose that incapacity and take the measures necessary to prevent further harm.
19.2. Where continued occupation of office materially facilitates criminal conduct, obstructs lawful succession, conceals incapacity, protects perpetrators, or provides false institutional legitimacy, Xaragua may issue a constitutional demand for resignation or removal.
19.3. Refusal to resign shall not, by itself, constitute an international crime. It may constitute evidence of obstruction, abuse of office, complicity, or unconstitutional maintenance of authority when combined with the required factual and legal elements.
19.4. Xaragua may declare such a person institutionally illegitimate, excluded, disqualified, or incompatible with the Xaraguayan constitutional order.
TITLE VI — MULTI-JURISDICTIONAL REFERRALS
Article 20 — Principle of Independent External Competence
20.1. Xaragua may transmit evidence and legal submissions to any authority possessing potential territorial, personal, subject-matter, protective, treaty-based, or universal jurisdiction.
20.2. Every receiving authority shall determine its own jurisdiction, admissibility requirements, evidentiary threshold, immunities, limitation periods, and prosecutorial priorities.
20.3. A Xaraguayan referral is a documented communication requesting examination. It does not predetermine the decision of the receiving authority.
Article 21 — International Criminal Court
21.1. Where available information reasonably indicates genocide, crimes against humanity, war crimes, or another crime within the jurisdiction of the International Criminal Court, the Office may submit a communication to the Office of the Prosecutor.
21.2. Such communication shall identify, where possible:
a) The alleged conduct and applicable crime;
b) The temporal and geographic context;
c) The persons and organizations involved;
d) The alleged mode of liability;
e) Available evidence and sources;
f) Relevant questions of territorial, personal, temporal, and subject-matter jurisdiction;
g) The existence, absence, obstruction, or inadequacy of domestic proceedings.
21.3. The Court and its Prosecutor retain exclusive authority to determine jurisdiction, admissibility, investigation, charges, and prosecution under the Rome Statute.
21.4. References to Articles 7, 25, and 28 of the Rome Statute shall apply only where their respective legal elements and jurisdictional conditions are satisfied.
Article 22 — Inter-American Human-Rights System
22.1. Xaragua may assist victims, communities, institutions, or authorized petitioners in submitting information, petitions, precautionary-measure requests, or thematic documentation to the Inter-American Commission on Human Rights.
22.2. Proceedings before the Inter-American Court of Human Rights shall follow the applicable procedures of the Inter-American system.
22.3. Xaragua may request attention to threats involving life, personal integrity, displacement, religious institutions, Indigenous communities, journalists, human-rights defenders, public officials, or institutional collapse.
Article 23 — United Nations Mechanisms
23.1. The Office may transmit verified information to relevant United Nations bodies, including treaty bodies, special procedures, commissions of inquiry, investigative mechanisms, and offices concerned with human rights, organized crime, corruption, Indigenous peoples, religious freedom, executions, torture, trafficking, displacement, or human-rights defenders.
23.2. Communications shall be directed to the mechanism whose mandate corresponds to the documented conduct.
23.3. Xaragua may request urgent communications, preservation of evidence, public reporting, technical assistance, or referral to other competent bodies.
Article 24 — Foreign National Jurisdictions
24.1. Xaragua may transmit evidence to prosecutors, police authorities, financial-intelligence units, courts, immigration authorities, sanctions bodies, professional regulators, and asset-recovery agencies of foreign States.
24.2. Referral may be appropriate where:
a) A suspect, victim, witness, asset, company, transaction, document, server, bank account, or evidentiary record is located within that State;
b) The suspect or victim possesses a relevant nationality or residence connection;
c) Domestic law provides jurisdiction over the conduct;
d) The alleged crime falls within an applicable universal or extraterritorial jurisdiction statute;
e) The State may lawfully investigate money laundering, corruption, trafficking, sanctions evasion, immigration fraud, or proceeds of crime.
24.3. Universal jurisdiction shall be invoked only for offenses and circumstances recognized by the law of the receiving State.
Article 25 — International Police Cooperation
25.1. Xaragua may provide information to competent national police authorities, prosecutors, or National Central Bureaus capable of initiating international police cooperation.
25.2. Any request for an INTERPOL notice or diffusion shall proceed through the channels and authorities authorized under INTERPOL’s Constitution and Rules.
25.3. Xaragua may prepare evidentiary and identification files for submission through a competent cooperating authority.
25.4. No Xaraguayan instrument shall be construed as independently creating an INTERPOL Red Notice.
Article 26 — Ecclesiastical Authorities
26.1. Where alleged conduct involves a Catholic cleric, religious, ecclesiastical officeholder, Catholic institution, sacramental matter, canonical offense, or attack against the Church, Xaragua may communicate the file to the competent:
a) Diocesan bishop or ordinary;
b) Ecclesiastical superior;
c) Apostolic Nunciature;
d) Dicastery of the Roman Curia;
e) Ecclesiastical tribunal or other canonical authority.
26.2. The receiving ecclesiastical authority shall determine canonical competence and procedure.
26.3. Xaragua retains its independent competence over constitutional, contractual, proprietary, employment, territorial, academic, membership, and institutional matters arising within its own order.
TITLE VII — TEMPORAL APPLICATION
Article 27 — Prospective Procedural Effect
27.1. This Instrument governs investigations, documentation, administrative measures, constitutional findings, and referrals undertaken after its promulgation.
27.2. Conduct occurring before promulgation may be documented, reviewed, and referred where it was prohibited by applicable law at the time it occurred or where it forms part of a continuing violation.
27.3. No person shall be declared criminally liable solely under a penal provision created after the alleged conduct.
27.4. Administrative access, institutional privilege, honorary recognition, contractual eligibility, and security clearance may be determined according to present constitutional requirements and current institutional risk.
27.5. Continuing concealment, obstruction, unlawful possession, illicit enrichment, enforced disappearance, retention of criminal proceeds, or ongoing collaboration may be examined according to the law applicable throughout the relevant period.
Article 28 — Preservation of Historical Evidence
28.1. No limitation in this Instrument shall require Xaragua to erase, ignore, or abandon historical evidence.
28.2. The Office may preserve records concerning past events for:
a) Historical truth;
b) Institutional memory;
c) Victim recognition;
d) Property restitution;
e) Asset recovery;
f) Genealogical and territorial documentation;
g) Future proceedings before a competent authority;
h) Assessment of eligibility for Xaraguayan office, honors, contracts, citizenship privileges, or institutional participation.
TITLE VIII — LEGAL FOUNDATIONS
Article 29 — International Criminal and Human-Rights Principles
29.1. This Instrument incorporates, as interpretive sources within Xaraguan law, the principles of individual responsibility, superior responsibility, protection of life and personal integrity, prohibition of torture, prohibition of arbitrary detention, effective remedy, and accountability for grave international crimes.
29.2. Relevant sources may include, according to their lawful scope and applicability:
a) The Rome Statute of the International Criminal Court;
b) The International Covenant on Civil and Political Rights;
c) The Convention against Torture;
d) The Convention on the Rights of the Child;
e) The Convention on the Elimination of All Forms of Discrimination against Women;
f) The Convention on the Elimination of Racial Discrimination;
g) The American Convention on Human Rights;
h) International instruments against corruption, trafficking, transnational organized crime, and money laundering;
i) Applicable domestic criminal laws and lawful doctrines of extraterritorial or universal jurisdiction.
29.3. The Universal Declaration of Human Rights shall serve as a foundational interpretive instrument within Xaragua’s doctrine of public authority and human dignity.
Article 30 — Indigenous Rights
30.1. Xaragua affirms the rights of Indigenous peoples to self-determination, autonomy, institutional continuity, cultural preservation, membership determination, participation, customary law, and protection of their lands, resources, sacred places, and communities.
30.2. The United Nations Declaration on the Rights of Indigenous Peoples, particularly Articles 3, 4, 5, 8, 18, 25, 26, 27, 32, 33, and 34, shall inform the interpretation of this Instrument within the Xaraguayan constitutional order.
30.3. Customary legal processes may be used for internal reconciliation, restitution, community protection, exclusion, membership discipline, and territorial administration, subject to the Supreme Constitution of Xaragua.
Article 31 — Canonical Responsibility
31.1. Canon law may apply to Catholics, clerics, religious persons, ecclesiastical officeholders, Catholic institutions, and canonical offenses according to the jurisdiction and procedures of the Roman Catholic Church.
31.2. Xaragua may receive, preserve, and transmit evidence of potential canonical misconduct.
31.3. No provision of this Instrument shall be interpreted as granting the Rectorate-Presidency authority to impose a canonical penalty reserved to a competent ecclesiastical authority.
31.4. The Catholic Order of Xaragua retains authority over its own internal membership, offices, honors, discipline, property, and institutional relations.
TITLE IX — NON-IMPUNITY AND FINAL PROVISIONS
Article 32 — No Automatic Amnesty or Institutional Excuse
32.1. Change of government, dissolution of an institution, expiration of office, resignation, retirement, transfer, exile, foreign naturalization, or administrative reorganization shall not erase evidence or terminate review.
32.2. An assertion of superior orders, institutional custom, political necessity, insufficient resources, or collective dysfunction shall be evaluated according to the facts and applicable law and shall not constitute automatic exoneration.
32.3. Xaragua shall not grant an internal pardon, immunity, honor, appointment, contract, or institutional rehabilitation for grave misconduct without an individualized constitutional review.
32.4. Any external amnesty or pardon shall have only the effect assigned to it by the authority that issued it and shall not automatically restore access to Xaraguayan institutions, territory, office, membership, honors, contracts, or constitutional privileges.
Article 33 — Protection against Retaliation
33.1. Retaliation against a complainant, victim, witness, investigator, journalist, auditor, cleric, Indigenous custodian, public servant, or whistleblower cooperating with the Office is prohibited.
33.2. Xaragua may adopt protective measures, preserve confidential identities, relocate sensitive records, establish secure reporting channels, and request assistance from partner institutions.
33.3. Retaliation may constitute an independent ground for exclusion, sanction, adverse constitutional finding, and external referral.
Article 34 — Supremacy and Harmonization
34.1. This Instrument constitutes Supreme Law within the Xaraguayan constitutional order.
34.2. All previous Xaraguayan instruments concerning public corruption, institutional collapse, criminal complicity, command responsibility, international referral, ecclesiastical accountability, or official disqualification shall be interpreted consistently with this Instrument.
34.3. Any previous provision inconsistent with the standards, procedures, or jurisdictional distinctions established herein is superseded to the extent of the inconsistency.
34.4. The internal force of this Instrument shall not depend upon acceptance by the Residual Administrative Unit or another external institution.
34.5. Its enforcement outside Xaragua shall proceed through the jurisdiction, procedures, and lawful cooperation mechanisms of the competent receiving authority.
Article 35 — Authority of Interpretation and Execution
35.1. The Rector-President, acting through the Supreme Constitutional Authority, possesses final authority to interpret and execute this Instrument within the Xaraguayan constitutional order.
35.2. The Rector-President may issue regulations, evidentiary protocols, sanctions schedules, referral procedures, institutional designations, protective orders, public findings, commissions, and supplementary annexes.
35.3. The Office of Public Integrity and International Accountability shall act under the authority and supervision of the Rectorate-Presidency.
ANNEX I — INTERNATIONAL ACCOUNTABILITY AND REFERRAL FRAMEWORK
Article A1 — Nature of the Annex
A1.1. This Annex establishes the permanent methodology by which Xaragua shall transform allegations of public wrongdoing into structured, preserved, legally classified, and jurisdictionally directed files.
A1.2. Each dossier should contain, where available:
a) Identity and official function of the subject;
b) Relevant dates and locations;
c) Description of the alleged conduct;
d) Institutional chain of command;
e) Applicable internal and external legal classifications;
f) Witness accounts and victim statements;
g) Documentary, financial, photographic, audiovisual, forensic, digital, or open-source evidence;
h) Information concerning assets, travel, nationality, residence, companies, associates, and financial intermediaries;
i) Assessment of evidentiary reliability;
j) Record of any response received from the subject;
k) Recommended internal measures and external recipients.
Article A2 — Classification of External Channels
A2.1. Referrals concerning genocide, crimes against humanity, war crimes, or related modes of individual responsibility may be directed to international criminal mechanisms possessing potential jurisdiction.
A2.2. Referrals concerning torture, arbitrary detention, enforced disappearance, unlawful killing, persecution, displacement, gender-based violence, attacks against Indigenous communities, or obstruction of humanitarian assistance may be directed to regional and international human-rights mechanisms.
A2.3. Referrals concerning corruption, laundering, illicit enrichment, trafficking, foreign assets, banking transactions, corporate facilitators, or proceeds of crime may be directed to competent prosecutors, financial-intelligence units, tax authorities, sanctions authorities, professional regulators, and asset-recovery bodies.
A2.4. Referrals involving Catholic clerics, religious institutes, ecclesiastical offices, canonical property, sacred institutions, or canonical offenses may be directed to competent ecclesiastical authorities.
A2.5. A single dossier may be transmitted to several authorities where each possesses a distinct and legally relevant competence.
Article A3 — International Crimes and Peremptory Norms
A3.1. Xaragua recognizes the exceptional gravity of genocide, crimes against humanity, war crimes, torture, slavery, enforced disappearance, and other offenses prohibited by fundamental norms of international law.
A3.2. Classification of conduct under one of these categories requires examination of the legal elements applicable to the specific offense.
A3.3. Xaragua’s constitutional commitment to these norms authorizes preservation, denunciation, cooperation, institutional exclusion, and referral.
A3.4. This Instrument does not itself convert every listed offense into a crime subject to universal jurisdiction. External jurisdiction shall be determined under the law governing the receiving authority.
Article A4 — Continuing Legal Effect
A4.1. Repeal or amendment of this Instrument shall not automatically destroy evidence, dissolve completed files, reverse final internal measures, or prevent transmission of information concerning conduct occurring during its operation.
A4.2. Evidence lawfully preserved by the Office shall remain part of the constitutional and historical archives of Xaragua.
A4.3. The duty to protect the innocent, preserve truth, defend Indigenous communities, safeguard Catholic institutions, and oppose public corruption constitutes a permanent doctrine of the Xaraguayan State.
ISSUED, CONSOLIDATED, AND SEALED
By order of the Supreme Constitutional Authority
Monsignor Ludner Pascal Despuzeau Daumec Viau
Prelate-Founder and Rector-President
Sovereign Catholic Indigenous Private State of Xaragua
Decreed at Miragoâne, Capital of Xaragua
On the Sixth Day of August, in the Year of Our Lord Two Thousand Twenty-Five
In nomine Patris, et Filii, et Spiritus Sancti. Amen.
For the protection of the innocent, the preservation of evidence, the defense of Indigenous and Catholic institutions, and the permanent termination of institutional impunity.
Let every public authority, tribunal, church, institution, and nation take notice.
Official Institutional Portal:
www.xaraguauniversity.com