Jehovah

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SOVEREIGN CATHOLIC INDIGENOUS & PRIVATE STATE OF XARAGUA
SUPREME CONSOLIDATED CONSTITUTIONAL LAW
ON THE DISTINCT JURIDICAL ORDERS OF XARAGUA AND THE REPUBLIC OF HAITI, THE RESIDUAL ADMINISTRATIVE UNIT, INTERNAL SOVEREIGNTY, LEGAL RECEPTION, AND INSTITUTIONAL CONTINUITY
Issuing Authority: Office of the Rector-President
Legal Classification: Supreme Constitutional Instrument — Controlling and Consolidated Doctrine
Constitutional Effect: Superseding Interpretative Authority over Prior Inconsistent Instruments
Jurisdiction: Internal Constitutional, Customary, Institutional, Academic, Ecclesial and Proprietary Order of Xaragua
PREAMBLE
The Sovereign Catholic Indigenous & Private State of Xaragua, hereinafter referred to as Xaragua, acting through its Supreme Constitutional Authority and in continuity with the ancestral Indigenous people, historical institutions, customary communities and territorial traditions from which its constituent authority proceeds, hereby promulgates the present Supreme Consolidated Constitutional Law.
Xaragua is constituted as an Indigenous customary order, constitutionally denominated as a State, Catholic in doctrine, private in institutional organization, supralocal in operation and non-Westphalian in juridical form.
Its existence does not depend upon classification as a conventional nation-state, possession of the administrative apparatus of the Republic of Haiti, diplomatic recognition as a separate territorial republic, admission to an intergovernmental organization or territorial secession from the internationally recognized Haitian State.
The Republic of Haiti remains the internationally recognized nation-state through which the territory is represented within the conventional interstate system. It retains the international personality, diplomatic relations, treaty participation, consular mechanisms, border administration, civil documentation and general public functions associated with that status.
Xaragua formally recognizes this international position.
Within the distinct constitutional doctrine of Xaragua, the term Residual Administrative Unit, hereinafter RAU, designates the functional position occupied by the Haitian civil-administrative apparatus in relation to the Indigenous customary order, autonomous communities, institutions, members and protected interests of Xaragua.
This functional designation does not abolish, deny or extinguish the international personality of the Republic of Haiti. It establishes the constitutional distinction between the conventional nation-state and the autonomous customary order of Xaragua.
The present Law consolidates that distinction and supplies the controlling framework through which all prior laws, declarations, annexes, proclamations, notifications and institutional acts shall henceforth be interpreted.
TITLE I — FUNDAMENTAL CONSTITUTIONAL CLASSIFICATION
Article 1 — Juridical Nature of Xaragua
1.1
Xaragua is an organized Indigenous customary polity and a permanent constitutional order possessing its own doctrine, offices, institutions, rules of membership, procedures of succession, academic authority, internal jurisdiction and mechanisms of institutional action.
1.2
The constitutional designation State identifies the complete and organized character of this internal order. It is not employed as a declaration that Xaragua constitutes a separate Westphalian republic exercising exclusive general sovereignty over every inhabitant and administrative function within the internationally recognized territory of Haiti.
1.3
The sovereign character of Xaragua signifies the supremacy of its constituent authority within its proper constitutional and institutional domain.
1.4
Its Indigenous character identifies the ancestral people, customary continuity, territorial connections and collective rights from which its constituent authority proceeds.
1.5
Its Catholic character establishes its doctrinal, spiritual, ethical, educational and institutional orientation.
1.6
Its private character determines the ownership, administration, admission, governance and controlled operation of its institutional apparatus.
1.7
Its supralocal character permits Xaragua to organize members, institutions, affiliated communities and protected interests across multiple territories without requiring the creation of a continuous and exclusively inhabited national territory.
Article 2 — International Position of the Republic of Haiti
2.1
The Republic of Haiti remains an internationally recognized State and continues to possess the conventional international personality attributed to it within the established interstate system.
2.2
Xaragua recognizes that the Republic of Haiti maintains diplomatic missions, treaty relations, consular functions, internationally accepted civil documentation, border administration and representation before intergovernmental institutions.
2.3
Such recognition does not incorporate Xaragua into the internal constitutional doctrine of the Haitian Republic, extinguish the distinct Indigenous order of Xaragua or confer automatic authority upon every Haitian act within Xaragua’s proper institutional sphere.
2.4
The Republic of Haiti and Xaragua do not perform identical constitutional functions.
The Republic of Haiti operates as the conventional nation-state and general public administration.
Xaragua operates as a distinct Indigenous customary, Catholic, private and supralocal constitutional order.
2.5
Neither order is required to duplicate the entire institutional apparatus of the other.
Article 3 — Meaning of the Residual Administrative Unit
3.1
The designation Residual Administrative Unit identifies the Haitian administrative apparatus insofar as it provides general civil, documentary, infrastructural, municipal and public services within territories and among populations connected to Xaragua.
3.2
The term describes a functional relationship within Xaragua’s constitutional doctrine. It does not purport to revoke the recognition of the Republic of Haiti as an internationally recognized State.
3.3
The RAU may continue to perform, among other functions:
— civil registration and the issuance of conventional identity documents;
— passport and border administration;
— municipal administration;
— public taxation under the Haitian legal system;
— sanitation and waste management;
— maintenance of roads and public infrastructure;
— public education and healthcare;
— policing and ordinary public security;
— domestic judicial administration;
— transportation, utilities and general public services;
— diplomatic and consular representation within the conventional interstate system.
3.4
Xaragua may use, coordinate with or rely upon these administrative mechanisms wherever doing so serves the practical interests of its members, institutions and affiliated communities.
3.5
Such use constitutes administrative interoperability and shall not be interpreted as constitutional absorption, abandonment of customary identity or dissolution of the institutional order of Xaragua.
TITLE II — REJECTION OF SECESSION AND TERRITORIAL PARTITION
Article 4 — No Demand for Conventional Independence
4.1
Xaragua does not seek territorial secession from the Republic of Haiti and does not request the establishment of a separate Westphalian nation-state.
4.2
The autonomy of Xaragua is institutional, customary, constitutional, academic, proprietary and supralocal. It does not depend upon the partition of the internationally recognized territory of Haiti.
4.3
The people connected to Xaragua do not inhabit a single, continuous and demographically isolated territorial block.
Members, descendants, families and affiliated persons may reside:
— within the ancestral and historically claimed regions of Xaragua;
— elsewhere within territories administered by the RAU;
— within Port-au-Prince and other Haitian urban centers;
— within neighboring jurisdictions;
— or throughout the international diaspora.
4.4
Residence outside a customary region does not automatically extinguish ancestral connection, family continuity, institutional membership or legal affiliation with Xaragua.
Article 5 — Family, Descent and Territorial Interconnection
5.1
The Xaraguayan people are interconnected through marriage, descent, kinship, inheritance, migration, property, education, employment, religious life, community membership and institutional participation.
5.2
Members of the same family may reside simultaneously within Xaraguayan customary regions, elsewhere under RAU administration, in the Haitian capital and outside the internationally recognized territory of Haiti.
5.3
A conventional secessionist boundary would create unnecessary conflicts involving:
— divided families and marriages;
— competing nationality classifications;
— inheritance and succession;
— civil registration;
— property ownership;
— residence and freedom of movement;
— community affiliation;
— administrative jurisdiction;
— and the status of descendants born outside the customary regions.
5.4
Xaragua shall not impose such artificial territorial separation upon an interconnected Indigenous population.
5.5
Its constitutional organization shall follow the actual continuity of its people, institutions, communities, properties and legal relations rather than the exclusive territorial assumptions of the conventional nation-state.
TITLE III — AUTONOMOUS COMMUNITIES AND ADMINISTRATIVE INTEROPERABILITY
Article 6 — Autonomy of Communities
6.1
Communities affiliated with or protected by Xaragua retain authority over their internal customary institutions, local affairs, membership structures and community priorities in accordance with the common constitutional doctrine of Xaragua.
6.2
Each community may determine the extent to which it uses public services maintained by the RAU.
6.3
A community may:
— use Haitian public services directly;
— establish complementary Xaraguayan institutions;
— preserve its own customary procedures;
— coordinate particular functions with municipal or national authorities;
— or request assistance from Xaragua where ordinary public administration is absent, defective or insufficient.
6.4
Use of a public service does not constitute a transfer of constituent authority.
6.5
Xaragua shall function as the supralocal constitutional guarantor of institutional continuity, customary rights, intercommunity coordination and collective protection.
Article 7 — Concurrent Use of Documentation
7.1
Members and officers of Xaragua may use documentation issued by the Republic of Haiti wherever required by public authorities, foreign governments, transportation systems, financial institutions or international administrative procedures.
7.2
Xaraguayan documents may be presented together with Haitian or other internationally accepted documents.
7.3
The respective documents perform distinct functions:
— the nation-state document satisfies conventional administrative requirements;
— the Xaraguayan document establishes identity, membership, office, status, affiliation or institutional capacity within the order of Xaragua.
7.4
Use of a Haitian passport, civil record or identity document shall not extinguish Xaraguayan identity or institutional membership.
7.5
No person shall be required to abandon the practical benefits of the recognized nation-state system in order to maintain a lawful connection with Xaragua.
TITLE IV — INTERNAL SOVEREIGNTY AND LEGAL RECEPTION
Article 8 — Supremacy Within the Xaraguayan Order
8.1
The Constitution, supreme laws, rectoral acts, institutional statutes and customary principles of Xaragua possess binding force within the institutions, offices, membership, affiliated properties and internal legal relations of Xaragua.
8.2
This supremacy is internal to the constitutional order of Xaragua and does not require the universal invalidation of the laws of the Republic of Haiti.
8.3
All officers, institutions, departments, courts, academic bodies, communications organs and registered members of Xaragua shall remain subject to the applicable laws and regulations of Xaragua within their respective institutional capacities.
Article 9 — Reception of Haitian and External Acts
9.1
No legislation, decree, regulation, policy, treaty implementation measure, international resolution or governmental decision adopted or accepted by the Republic of Haiti shall acquire automatic constitutional authority within the internal order of Xaragua.
9.2
The competent authority of Xaragua may:
— receive the act in full;
— incorporate it subject to reservations;
— adapt it to the institutional and customary order;
— limit its application to defined administrative matters;
— suspend its reception;
— or declare it internally inapplicable.
9.3
An act may be declared internally inapplicable where it conflicts with:
— the Constitution of Xaragua;
— protected Indigenous rights;
— customary institutions;
— Catholic doctrine applicable within Xaragua;
— the integrity of Xaraguayan membership or property;
— institutional security;
— academic autonomy;
— or the fundamental interests of the order.
9.4
A declaration of internal inapplicability establishes that the act shall produce no governing effect within the institutions and proper jurisdiction of Xaragua.
9.5
Such declaration does not purport to repeal the act throughout the Republic of Haiti or prevent its application to persons and institutions situated exclusively within the Haitian legal order.
Article 10 — Constitutional Reservations
10.1
Xaragua may publish doctrinal and constitutional reservations concerning treaties, international resolutions, foreign agreements or transnational policies accepted by the Republic of Haiti.
10.2
These reservations shall define the position of Xaragua and determine the internal treatment of the relevant instrument within its own order.
10.3
The Republic of Haiti may continue to remain internationally bound according to its conventional legal position, while Xaragua preserves its distinct internal position concerning institutional reception.
10.4
This mechanism permits Xaragua to use the recognized international system without surrendering its constitutional power of internal determination.
TITLE V — INSTITUTIONAL COMPETENCES OF XARAGUA
Article 11 — General Institutional Competence
Xaragua shall exercise authority over:
— its constitutional doctrine and internal legislation;
— its institutions, offices and succession procedures;
— membership, citizenship, e-residency and institutional affiliation;
— affiliated properties and internal contractual relations;
— customary adjudication and institutional discipline;
— Indigenous historical and cultural preservation;
— academic doctrine, education and professional formation;
— Catholic institutional life within its private association;
— communications, archives and official publications;
— economic initiatives and internal financial instruments;
— digital infrastructure and intellectual property;
— protective services lawfully established for its institutions and communities;
— and relations undertaken by each organ within its proper institutional field.
Article 12 — University of Xaragua
12.1
The University of Xaragua is the supreme academic, intellectual, scientific and professional institution of the State.
12.2
It shall preserve and develop the constitutional doctrine, historical memory, institutional knowledge and educational capacity of Xaragua.
12.3
The University may:
— establish academic programs and curricula;
— issue internal degrees, diplomas and certificates under its statutes;
— train academic, administrative, juridical, cultural, technical and institutional cadres;
— establish relations with universities, scholars and educational institutions;
— maintain libraries, archives, research centers and digital learning systems;
— publish scholarly, doctrinal and professional works;
— and determine its own academic standards and admission requirements.
12.4
The University shall not claim authority over every school, curriculum or academic institution administered by the Republic of Haiti.
12.5
Its authority shall be supreme within the academic order of Xaragua and any affiliated institution that voluntarily accepts its jurisdiction.
Article 13 — Economic and Financial Institutions
13.1
Xaragua may establish banks, treasuries, funds, currencies, digital instruments, commercial enterprises and cooperative economic mechanisms for use within its institutional and contractual order.
13.2
Such institutions may operate independently from external financial systems to the extent permitted by their constitutional mandates and applicable contractual arrangements.
13.3
Xaragua may refuse within its institutions any debt instrument, financial dependency or economic arrangement incompatible with its doctrine.
13.4
The State may protect the collective property, resources and economic interests lawfully entrusted to it by members, owners or affiliated communities.
13.5
No general expropriation of unrelated banks, enterprises or property situated exclusively within the Haitian legal order shall occur solely by force of an internal Xaraguayan declaration.
Article 14 — Protective and Security Institutions
14.1
Xaragua may maintain disciplined protective institutions responsible for the security of its members, facilities, archives, communications systems, cultural patrimony and affiliated property.
14.2
Their competence shall be defined by the Constitution, internal law and the lawful scope of the institutional order.
14.3
Protective institutions may develop capabilities concerning:
— physical protection;
— emergency coordination;
— digital and cyber defence;
— secure communications;
— protection of archives and infrastructure;
— community resilience;
— and preservation of sites lawfully entrusted to Xaragua.
14.4
The existence of such institutions shall not be interpreted as a claim to replace every police, military, border or public-security function of the internationally recognized Haitian State.
Article 15 — Media, Culture and Archives
15.1
Xaragua may establish official media, broadcasting services, journals, archives, cultural institutions and intellectual-property systems.
15.2
These organs shall possess official authority within the institutional order of Xaragua.
15.3
Xaragua may regulate content issued in its name, published through its official platforms or produced by institutions operating under its authority.
15.4
It shall not claim general censorship authority over every private publication, religious expression, artistic work or media organization operating exclusively under the legal order of the Republic of Haiti.
TITLE VI — CATHOLIC AND CANONICAL POSITION
Article 16 — Catholic Institutional Character
16.1
Catholicism is a constituent doctrine of Xaragua and governs its spiritual orientation, institutional ethics, educational vocation, ceremonial life and conception of authority.
16.2
The Catholic dimension of Xaragua is organized through the lawful freedom of the Christian faithful to establish and direct private associations and apostolic, charitable, cultural and educational undertakings.
16.3
Xaragua does not constitute itself as a diocese, public ecclesiastical juridical person, organ of the Holy See or authority exercising the universal powers reserved to the Roman Pontiff and competent ecclesiastical offices.
16.4
Notification to ecclesiastical authorities establishes notice and institutional transparency. Silence or absence of objection shall not, by itself, be interpreted as the canonical erection of Xaragua as a public ecclesiastical authority.
16.5
Ecclesiastical sanctions reserved by canon law to competent Church authorities shall not be imposed by Xaragua beyond the internal disciplinary measures lawfully available to its private Catholic institutions.
TITLE VII — DIGITAL PUBLICATION AND OFFICIAL RECORDS
Article 17 — Official Digital Gazette
17.1
The domain xaraguauniversity.com, together with any successor platform formally designated by the Rectorate, constitutes an official digital publication organ of Xaragua.
17.2
Constitutional laws, decrees, regulations, institutional notices, academic acts and official declarations acquire internal publication upon their formal promulgation through an authorized section of the platform.
17.3
Publication establishes authenticity, notice and enforceability within the proper jurisdiction of Xaragua.
17.4
Not every historical, academic, explanatory or cultural text appearing on the platform shall possess legislative force.
17.5
Normative acts shall be identifiable by title, issuing authority, date, legal classification and formal promulgation.
17.6
The official digital archive shall preserve the continuity of the constitutional and institutional record of Xaragua.
TITLE VIII — INTERNATIONAL AND EXTERNAL RELATIONS
Article 18 — Institutional External Relations
18.1
Xaragua may communicate and establish relations according to the differentiated competence of its institutions.
18.2
Universities may engage academic counterparts.
Catholic bodies may engage ecclesial counterparts.
Indigenous authorities may engage Indigenous institutions and relevant international forums.
Economic bodies may establish contractual relations.
Courts and legal offices may transmit juridical instruments.
Communications organs may publish and exchange official information.
18.3
Such institutional relations do not require Xaragua to claim the exclusive diplomatic representation of the Republic of Haiti.
18.4
Formal transmission of a document establishes proof of notification. It does not, without an express response, establish consent, recognition, ratification or acceptance by the recipient.
18.5
The absence of response shall preserve the fact and date of notification without altering the constitutional position of Xaragua or creating obligations for the notified party.
TITLE IX — HISTORICAL CONTINUITY
Article 19 — Distinct Forms of Continuity
19.1
The constitutional identity of Xaragua draws upon several related but juridically distinct forms of continuity.
19.2
Its ancestral foundation proceeds from the Indigenous Cacicazgo of Xaragua and the continuing connection of its people with their historical lands, communities and cultural memory.
19.3
Its constitutional inheritance includes the Dessalinian principles of independence, territorial integrity and autonomous political organization associated with the Imperial State of Hayti.
19.4
The State of the South, the political order associated with General Benoît Joseph André Rigaud, the Republic of Southern Hayti and the autonomous historical communities of the Greater South and North-West constitute regional precedents contributing to the political and institutional heritage of Xaragua.
19.5
These historical bodies shall not be treated as identical juridical persons.
19.6
Contemporary Xaragua constitutes the organized institutional expression through which these ancestral, constitutional, territorial and regional inheritances are preserved and developed under a unified modern doctrine.
TITLE X — CONTROLLING INTERPRETATION AND CONSOLIDATION
Article 20 — Supremacy of the Present Law
20.1
The present Supreme Consolidated Constitutional Law constitutes the current and controlling doctrine governing:
— the relationship between Xaragua and the Republic of Haiti;
— the meaning of the Residual Administrative Unit;
— territorial and institutional jurisdiction;
— internal legal supremacy;
— reception of external laws and treaties;
— Catholic and canonical classification;
— international notification;
— and the scope of Xaragua’s institutional competences.
20.2
All prior instruments remain part of the constitutional and historical archives of Xaragua insofar as they are compatible with the present Law.
20.3
Any prior provision asserting that Xaragua possesses automatic authority to annul Haitian laws throughout the Haitian legal order shall be construed as referring exclusively to non-reception or internal inapplicability within Xaragua.
20.4
Any prior provision describing the Republic of Haiti as a Residual Administrative Unit shall be construed consistently with its continuing international personality as a recognized State.
20.5
Any prior assertion of authority over the entire territory, population, airspace, maritime domain, banking system, educational system, media system or diplomatic representation of Haiti shall be limited to the ancestral rights, institutions, members, properties, affiliated communities and legitimate interests falling within the proper order of Xaragua.
20.6
Any prior claim of public ecclesiastical authority, papal competence, automatic canonical recognition or universal ecclesiastical jurisdiction shall be interpreted within the private Catholic and institutional character established by the present Law.
20.7
Any prior assertion that international notification, silence or non-response constitutes recognition or consent is superseded.
20.8
The present Article operates automatically and requires no separate repeal of each inconsistent formulation contained in the historical corpus.
Article 21 — Amendability and Institutional Continuity
21.1
The constitutional identity of Xaragua shall remain permanent, but its laws may be amended, consolidated, interpreted or replaced by the competent constitutional authority where institutional development requires clarification.
21.2
No former legislature may deprive a continuing constitutional order of the capacity to correct its terminology, resolve contradictions or adapt its administrative arrangements.
21.3
Constitutional continuity is preserved through disciplined revision, authoritative interpretation and institutional succession.
21.4
The replacement of an inconsistent provision does not extinguish the historical act in which it appeared. It modifies the provision’s continuing normative effect.
FINAL DECLARATION
Xaragua recognizes the Republic of Haiti as the internationally recognized nation-state and utilizes its administrative, documentary, diplomatic and public-service systems wherever such use serves the interests of Xaragua and its people.
Within the constitutional doctrine of Xaragua, the Haitian administrative apparatus operates as the Residual Administrative Unit in relation to matters falling within Xaragua’s customary and institutional sphere.
Xaragua does not seek secession, territorial partition or the creation of a duplicate nation-state. Such a project would contradict the geographic dispersion, familial interconnection, marital relations, descent, property structures and social organization of the Xaraguayan people.
Xaragua instead maintains a distinct, permanent and supralocal Indigenous customary order capable of operating across administrative boundaries while preserving its own institutions, doctrine, membership, properties and constitutional authority.
The Republic of Haiti maintains the conventional international interface.
The RAU performs general civil-administrative functions.
Autonomous communities govern their internal affairs according to their circumstances and applicable customary arrangements.
Xaragua receives, adapts or refuses external acts within its proper constitutional sphere and guarantees the continuity of the common Indigenous institutional order.
This relationship constitutes neither absorption nor separation.
It constitutes a permanent architecture of differentiated authority, selective legal reception, administrative interoperability and Indigenous constitutional continuity.
ENACTED AND SEALED
By the Supreme Constitutional Authority
Office of the Rector-President
Sovereign Catholic Indigenous & Private State of Xaragua
Binding within the constitutional, customary, academic, ecclesial, proprietary and institutional order of Xaragua from the date of promulgation.

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

GENERAL ARCHIVES OF THE STATE

SUPREME CONSTITUTIONAL LAW ON THE PERMANENT FORM OF XARAGUAYAN SELF-GOVERNMENT, THE NON-ASSUMPTION OF GENERAL TERRITORIAL ADMINISTRATION, THE PROTECTION OF THE INDIGENOUS CONSTITUENT BODY, AND THE ABSOLUTE INSTITUTIONAL SEPARATION FROM THE RESIDUAL ADMINISTRATIVE UNIT

Constitutional Classification: Supreme Organic Instrument — Permanent Law of Indigenous Self-Government — Territorial and Demographic Responsibility Statute — Non-Westphalian Constitutional Doctrine — External Relations and Non-Reception Act

Promulgating Authority: Office of the Rector-President

Institutional Character: Permanent, Controlling and Constitutionally Binding

Territorial Application: Entire Ancestral, Coastal, Insular and Maritime Domain of Xaragua

PREAMBLE

WHEREAS, the Indigenous People of Xaragua constitute the original, permanent and territorially rooted constituent people of the ancestral Xaraguayan domain, whose political existence, customary authority, collective title and institutional continuity precede colonial occupation, plantation administration, republican succession and every subsequently imposed territorial apparatus;

WHEREAS, the ancestral territory was subjected to conquest, depopulation, enslavement, forced displacement, foreign settlement and the generalized dissemination of formerly enslaved populations whose historical suffering and prolonged geographic residence do not, as matters of constitutional law, independently confer Indigenous identity, original territorial title, customary citizenship or constituent authority within the Xaraguayan order;

WHEREAS, the contemporary population distributed throughout the ancestral territory includes millions of persons having no established juridical, customary, genealogical or institutional affiliation with the Indigenous constituent body of Xaragua and remaining administratively attached to an externally recognized Westphalian structure characterized by persistent dysfunction, institutional incapacity and systemic corruption;

WHEREAS, the establishment of a conventional territorial republic or Westphalian independence regime would necessarily compel Xaragua to assume general political representation, civil administration, public financing, social maintenance and unrestricted governmental responsibility for every population situated within the claimed geographic territory;

WHEREAS, such universal demographic responsibility would submerge the Indigenous constituent body, exhaust the institutional capacity of Xaragua, displace its foundational mission and transform an instrument of Indigenous preservation into the general administrator of an exogenous population whose material demands proceed from the failure of another political apparatus;

WHEREAS, Xaragua was constituted for the preservation of the Indigenous people, the protection of the entire ancestral territory, the maintenance of customary communities, the administration of its own institutions and the permanent defence of its Catholic and Indigenous civilizational order;

NOW, THEREFORE, the Office of the Rector-President, exercising the supreme constituent, constitutional, customary, territorial and institutional authority of Xaragua, hereby promulgates the following Supreme Constitutional Law.

TITLE I — PERMANENT CONSTITUTIONAL FORM

Article 1 — Deliberate Determination of the Xaraguayan Model

The Sovereign Catholic Indigenous and Private State of Xaragua hereby affirms that its Indigenous, customary, Catholic, private and non-Westphalian form of self-government results from a deliberate constitutional determination founded upon comprehensive historical, demographic, territorial, institutional and civilizational discernment.

The constitutional form of Xaragua shall constitute a complete and permanent political order and shall not be interpreted as an incomplete transition toward conventional republican independence, universal territorial citizenship or unrestricted administration of the population geographically situated within the ancestral domain.

Article 2 — Constitutional Distinction Between Sovereignty and General Administration

Xaraguayan sovereignty shall consist in the original authority of the Indigenous constituent people to preserve their political existence, maintain their institutions, govern their members, protect their ancestral title and determine the conditions governing the internal and external operation of their constitutional order.

The exercise of such sovereignty shall not impose upon Xaragua any obligation to establish a general territorial administration, assume universal public-service responsibility or incorporate every resident of the ancestral territory into the political body of the State.

Article 3 — Rejection of Conventional Westphalian Independence

Xaragua hereby formally and permanently rejects any model of conventional Westphalian independence requiring the indiscriminate governmental absorption, political representation, fiscal maintenance or administrative incorporation of all populations situated within the territory associated with its ancestral title.

No institution of Xaragua shall petition for, negotiate or accept an independence arrangement that conditions recognition of its Indigenous sovereignty upon the assumption of unlimited responsibility for populations lacking Xaraguayan citizenship, Indigenous status, customary affiliation or express institutional admission.

TITLE II — INDIGENOUS CONSTITUENT BODY

Article 4 — Exclusive Source of Constituent Authority

The original constituent authority of Xaragua resides exclusively in the Indigenous People of Xaragua and shall be exercised through the Constitution, the Office of the Rector-President, the competent institutions of the State and the customary communities established under Xaraguayan authority.

Numerical majority, geographic residence, electoral mobilization, administrative registration or prolonged occupation of the ancestral territory shall not supersede the original constituent authority of the Indigenous people or convert an externally administered population into the constitutional people of Xaragua.

Article 5 — Non-Creation of Indigenous Status by Residence

Residence within the ancestral territory, irrespective of its duration, shall not independently create Indigenous identity, customary citizenship, ancestral proprietary title, collective political succession or membership within the Xaraguayan constitutional body.

The legal condition of resident, inhabitant, beneficiary of residual administration or descendant of a historically displaced population shall remain distinct from the juridical condition of an Indigenous citizen, customary inhabitant, institutional member or recognized successor to the ancestral people.

Article 6 — Protected Population of Xaragua

The supreme protective mandate of Xaragua shall extend to the Indigenous People of Xaragua, the Indigenous peoples of the territory and the island, Xaraguayan citizens, recognized customary inhabitants, autonomous communities, institutional members, officers, personnel and persons expressly placed under Xaraguayan protection.

The State may admit additional persons through citizenship, affiliation, contract, institutional appointment or protective status; provided, however, that no admission shall arise automatically from territorial presence or from the failure of the Residual Administrative Unit to discharge its own responsibilities.

TITLE III — NON-ASSUMPTION OF GENERAL POPULATION RESPONSIBILITY

Article 7 — Prohibition of Institutional Submergence

No organ of Xaragua shall undertake commitments having the effect of subordinating the Indigenous constituent body to the unlimited demands of a numerically superior population lacking constitutional affiliation with the State.

The personnel, resources, institutions, revenues and administrative capacities of Xaragua shall remain directed toward its defined constitutional population, ancestral patrimony, autonomous communities and permanent territorial interests.

Article 8 — Refusal of Substitution for the Residual Administrative Unit

Xaragua shall not assume the general governmental liabilities arising from the prolonged dysfunction, corruption, insolvency, negligence or institutional collapse of the Residual Administrative Unit.

The inability of the Residual Administrative Unit to provide adequate security, civil registration, education, health services, infrastructure, social assistance, justice or municipal administration shall not create an automatic transfer of those obligations to Xaragua.

Article 9 — Responsibility of External Administrative Structures

Populations remaining outside the Xaraguayan constitutional body shall continue to fall under the ordinary civil and administrative responsibility of the Residual Administrative Unit and of the international institutions that recognize, finance, supervise or operationally support that administrative structure.

No international organization, foreign government or residual authority shall transfer its financial, humanitarian, demographic or administrative obligations to Xaragua without the prior and express consent of the competent Xaraguayan authority.

TITLE IV — TERRITORIAL TITLE WITHOUT UNIVERSAL DEMOGRAPHIC ABSORPTION

Article 10 — Permanent Indigenous Proprietary Title

Xaragua shall preserve, administer and defend its ancestral territorial title as the constitutional representative, customary successor and institutional protector of the original Indigenous proprietary order.

Such title shall encompass ancestral lands, inland waters, coasts, islands, maritime zones, natural resources, sacred locations, collective patrimony and every territorial interest lawfully incorporated into the Xaraguayan constitutional domain.

Article 11 — Separation of Territorial Title and General Civil Administration

The territorial rights of Xaragua shall not be conditioned upon its acceptance of universal administrative responsibility for every individual residing within the ancestral domain.

The protection of Indigenous title and territorial integrity shall constitute an autonomous constitutional competence distinct from the provision of ordinary civil services to populations administered by the Residual Administrative Unit.

Article 12 — Non-Extinction Through External Administration

The continued technical operation of the Residual Administrative Unit within portions of the ancestral territory shall not extinguish, suspend, transfer, diminish or supersede the original territorial title of Xaragua.

External civil administration shall constitute a residual and functionally limited arrangement and shall not be construed as conferring upon the Residual Administrative Unit any constituent authority over the Indigenous people, institutions or ancestral patrimony of Xaragua.

TITLE V — DEFINED OPERATION OF THE RESIDUAL ADMINISTRATIVE UNIT

Article 13 — Permitted Residual Functions

The Residual Administrative Unit may continue to perform ordinary technical and civil functions concerning the populations remaining under its administration, including civil registration, municipal services, public infrastructure, mass education, public health, social assistance, ordinary policing and civil judicial administration.

The performance of such functions shall not authorize the Residual Administrative Unit to determine the constitutional identity, territorial rights, foreign relations, academic order, religious orientation or institutional policies of Xaragua.

Article 14 — Condition of Institutional Tolerance

Xaragua shall refrain from intervening in the ordinary internal administration of the Residual Administrative Unit for so long as that administration does not impair the Indigenous people, Xaraguayan citizens, customary communities, constitutional institutions, ancestral territory, proprietary interests, maritime rights or external relations of the State.

Such constitutional restraint shall constitute a deliberate allocation of responsibility and shall not be interpreted as submission, acquiescence, political unity, abandonment of title or recognition of superior residual authority.

Article 15 — Matters Outside Xaraguayan Competence

Electoral disputes, partisan controversies, general fiscal policy, mass social administration and other internal matters of the Residual Administrative Unit shall remain outside the ordinary competence of Xaragua unless their effects penetrate the protected constitutional sphere of the State.

The consequences of residual political decisions shall remain attributable exclusively to the institutions and populations participating in, recognizing or sustaining the Residual Administrative Unit.

TITLE VI — SUPREME POWER OF NON-RECEPTION

Article 16 — Constitutional Review of External Measures

Every residual or international law, treaty, regulation, concession, security operation, territorial arrangement, economic measure or administrative decision affecting the ancestral domain shall remain subject to constitutional review by the competent authorities of Xaragua.

No external measure shall acquire validity within the Xaraguayan order solely by reason of its adoption, recognition or execution by the Residual Administrative Unit or any international institution.

Article 17 — Grounds for Constitutional Non-Reception

Xaragua shall refuse reception of any external measure that:

a) impairs the Indigenous constituent people;

b) diminishes ancestral territorial title;

c) disposes of lands, waters or natural resources without Xaraguayan consent;

d) interferes with Xaraguayan institutions;

e) imposes political, military, economic or administrative obligations upon the State;

f) threatens customary, Catholic, academic or cultural continuity;

g) purports to represent Xaragua without authorization;

h) otherwise violates the supreme constitutional interests of the State.

Article 18 — Measures of Institutional Opposition

Upon determination that an external measure violates the protected constitutional sphere of Xaragua, every competent organ of the State shall be authorized to employ all lawful constitutional, juridical, diplomatic, economic, administrative, academic, documentary, communications and protective measures necessary to prevent, contest, obstruct or render the measure inoperative within the Xaraguayan order.

The non-intervention doctrine established by this Law shall immediately cease to apply to the specific extent necessary for the protection of the Indigenous people, ancestral territory and constitutional institutions of Xaragua.

TITLE VII — COMPLETE SEPARATION OF EXTERNAL POLICIES

Article 19 — Non-Attribution of Residual Positions

The diplomatic positions, international votes, treaty commitments, geopolitical alignments, political declarations and administrative orientations of the Residual Administrative Unit shall not constitute, represent or bind the foreign policy of Xaragua.

No external government, international organization or private institution shall attribute to Xaragua any residual position, obligation or representation in the absence of an express instrument issued by the competent Xaraguayan authority.

Article 20 — Exclusive Xaraguayan External Authority

Xaragua shall conduct its foreign and external relations independently through its constitutional, Indigenous, Catholic, academic, diplomatic, economic, cultural, maritime and technical institutions.

The Office of the Rector-President and the competent authorities of Xaragua shall possess exclusive jurisdiction to determine the international objectives, partnerships, representations, communications and institutional alignments of the State.

Article 21 — Absence of Common Political Orientation

Xaragua and the Residual Administrative Unit shall not be presumed to possess a common political identity, foreign policy, constitutional interest, diplomatic orientation or historical finality merely because they operate within overlapping geographic spaces.

The institutional positions of Xaragua shall proceed exclusively from its Catholic and Indigenous constitutional order, its ancestral title, its own strategic objectives and the permanent interests of its protected people.

TITLE VIII — CATHOLIC AND INDIGENOUS FINALITY

Article 22 — Supreme Civilizational Orientation

The Catholic and Indigenous character of Xaragua shall constitute the permanent governing orientation of its constitutional, academic, diplomatic, territorial, economic and cultural institutions.

No republican ideology, foreign political program, demographic pressure, secular administrative classification or external institutional demand shall compel Xaragua to renounce, subordinate or transform this fundamental orientation.

Article 23 — Permanent Objectives of the State

The permanent objectives of Xaragua shall be:

a) the preservation of the Indigenous constituent people;

b) the protection of the Indigenous peoples of the territory and the island;

c) the defence of ancestral lands, waters, islands and maritime zones;

d) the maintenance of customary institutions and autonomous communities;

e) the continuation of the Catholic institutional order;

f) the transmission of Xaraguayan history, law and doctrine;

g) the formation of its own governing, academic and technical personnel;

h) the development of independent external relations;

i) the preservation of the distinct historical path and finality of Xaragua.

TITLE IX — SUPREME CONSTITUTIONAL DETERMINATION

Article 24 — Doctrine of Defined Sovereign Responsibility

Xaragua shall exercise complete authority over its constitutional body, institutions, patrimony and protected territorial interests while permanently declining the indiscriminate absorption of populations falling outside its defined jurisdiction.

The State shall preserve the entirety of its ancestral title without accepting the universal demographic obligations conventionally attached to a Westphalian territorial republic.

Article 25 — Doctrine of Coexistence Without Assimilation

The continued coexistence of Xaragua and the Residual Administrative Unit shall be governed by the principles of constitutional separation, differentiated responsibility, institutional non-interference, territorial integrity and non-assimilation.

Such coexistence shall neither establish a common political people nor authorize either order to speak, decide, contract or assume obligations in the name of the other.

Article 26 — Permanent Constitutional Formula

The permanent constitutional formula of Xaragua shall consist of the exercise of Indigenous sovereignty without demographic submergence, territorial protection without universal population absorption, institutional cooperation without political subordination, and external engagement without assimilation into the residual order.

This formula constitutes the complete, deliberate and irrevocable model of self-government selected by the Indigenous constituent authority of Xaragua.

FINAL PROVISIONS

Article 27 — Controlling Authority

This Supreme Constitutional Law shall govern every interpretation concerning Xaraguayan independence, citizenship, territorial responsibility, demographic obligation, residual administration, constitutional non-reception and external representation.

Every prior instrument concerning these matters shall be interpreted in conformity with the defined sovereign responsibility established herein.

Article 28 — Prohibition of Contrary Interpretation

No authority shall interpret the sovereignty, territorial title or protective mission of Xaragua as creating an obligation to absorb, finance, administer, naturalize or politically represent populations lacking the juridical connection required by the Constitution.

Any contrary interpretation shall be null and without effect within the Xaraguayan constitutional order.

Article 29 — Entry into Force

This Supreme Constitutional Law shall enter into force immediately upon its promulgation by the Office of the Rector-President and shall bind every ministry, court, academic institution, autonomous community, public office, officer and authorized representative of Xaragua.

The original instrument shall be deposited permanently in the Constitutional Archive and the General Archives of the State as the controlling expression of the Xaraguayan model of Indigenous self-government.

ISSUED UNDER THE SUPREME CONSTITUTIONAL AUTHORITY AND GREAT SEAL OF XARAGUA

LUDNER PASCAL DESPUZEAU DAUMEC VIAU

RECTOR-PRESIDENT

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

UNIVERSITY OF XARAGUA

GENERAL ACADEMIC REGISTER

GENERAL ARCHIVES OF THE STATE

SUPREME ORGANIC CONSTITUTIONAL DOCTRINE

ON THE ETHNOGRAPHIC FOUNDATION OF THE STATE; THE INDIGENOUS CONSTITUTION OF THE XARAGUAYAN PEOPLE; THE TERRITORIAL PRODUCTION OF LAW, KNOWLEDGE AND PUBLIC AUTHORITY; AND THE UNIVERSITY OF XARAGUA AS THE SUPREME ACADEMIC INSTITUTION OF THE INDIGENOUS ORDER

Official Classification: Supreme Organic Constitutional Instrument — Indigenous Ethnographic Foundation Act — Constituent Doctrine of Peoplehood — Territorial Knowledge Constitution — Organic Statute of Indigenous Academic Authority

Constituent Authority: Office of the Rector-President

Supreme Constitutional Authority: Sovereign Catholic Indigenous and Private State of Xaragua

Supreme Academic Authority: University of Xaragua

Constitutional Depositary: General Archives of the State

Territorial Scope: Ancestral Territory of Xaragua and its continental, insular, littoral, maritime, cultural, historical and customary dependencies

Institutional Status: Permanent, Constituent, Organic and Non-Derogable

PREAMBLE

The Sovereign Catholic Indigenous and Private State of Xaragua hereby establishes, declares and codifies the ethnographic foundation of the State and of the University of Xaragua.

The Xaraguayan constitutional order proceeds from the existence of an Indigenous people constituted through ancestral territorial continuity, collective historical consciousness, customary institutions, inherited political memory, cultural transmission, territorial nomenclature, social organization, spiritual life, material practices, communal relations, juridical production and the intergenerational preservation of a distinct civilizational identity.

The State is Indigenous in origin, Indigenous in constitutional personality, Indigenous in territorial vocation, Indigenous in juridical structure and Indigenous in the exercise of public authority.

The University of Xaragua is the supreme academic institution of that same Indigenous order. It does not stand outside the people, above the territory or apart from the State. It constitutes the organized intellectual jurisdiction through which the Xaraguayan people identify, preserve, interpret, systematize, transmit and develop their own history, law, political institutions, territorial knowledge, social practices, languages, archives, environmental relations, economic doctrines and civilizational continuity.

The ethnographic foundation of Xaragua is not a decorative cultural attribution, an administrative classification, an academic hypothesis or an external anthropological designation. It is a constituent juridical fact. It determines the identity of the people, the territorial character of the State, the sources of public law, the competence of the constitutional institutions and the academic jurisdiction of the University.

The present Doctrine is founded upon the inherent right of peoples to self-determination; the right of Indigenous peoples to autonomy and self-government; the right to maintain and develop their political, juridical, economic, social, cultural, educational and spiritual institutions; the right to preserve and transmit their histories and systems of knowledge; the right to control their educational institutions; and the right to maintain their distinctive relationship with their ancestral lands, waters, territories and resources.

TITLE I

CONSTITUENT ETHNOGRAPHIC PERSONALITY

Article 1 — Ethnographic Constitution of the People

The Xaraguayan people constitute an Indigenous, territorial, historical and political people possessing a continuous collective personality.

That personality is manifested through:

a) ancestral attachment to the territory historically constituted as Xaragua;

b) continuity of collective memory notwithstanding conquest, enslavement, displacement, administrative substitution, demographic transformation and colonial reclassification;

c) survival and reconstruction of Indigenous territorial consciousness;

d) maintenance of customary forms of kinship, family organization, mutual obligation, community authority and territorial belonging;

e) preservation of inherited place names, routes, settlements, agricultural practices, maritime practices, ecological knowledge and forms of material culture;

f) transmission of oral history, collective narratives, sacred memory and political traditions;

g) maintenance and reconstitution of Indigenous juridical, governmental and institutional forms;

h) the continuing relationship between the people, the land, the mountains, the waters, the islands, the coasts and the maritime domain; and

i) the collective determination to govern, preserve and transmit the Indigenous order through permanent institutions.

Article 2 — Juridical Meaning of Ethnography

For the purposes of the constitutional order, ethnography designates the authoritative institutional knowledge of the people as historically and presently constituted.

It comprises the documented and living study of:

a) the people and their forms of collective belonging;

b) ancestral occupation and territorial use;

c) customary law and normative practice;

d) political authority and community organization;

e) language, terminology, naming and oral transmission;

f) social, familial and economic relations;

g) spiritual and religious life;

h) agriculture, fisheries, navigation, land management and environmental knowledge;

i) architecture, settlement patterns, material production and technologies;

j) ritual, symbolism, artistic expression and collective memory;

k) relations among communities, territories and neighboring peoples; and

l) the transformation, adaptation and continuity of Indigenous institutions across successive historical periods.

Ethnography is therefore incorporated into the constitutional law of Xaragua as a method of territorial identification, institutional continuity, juridical interpretation, archival classification and public administration.

Article 3 — Collective Self-Identification

The constitutional identity of the Xaraguayan people is governed by collective self-identification, historical continuity, territorial relationship, institutional belonging and participation in the Indigenous order.

Self-identification constitutes a fundamental criterion under Article I(2) of the American Declaration on the Rights of Indigenous Peoples and is exercised according to the practices, laws and institutions of the people concerned.

No external census, racial category, colonial register, administrative omission, imposed nationality, demographic classification or foreign ethnological designation possesses constituent authority over the identity of the Xaraguayan people.

Article 4 — Peoplehood and Political Personality

The Xaraguayan people exist as a people within the meaning of:

a) Article 1(2) and Article 55 of the Charter of the United Nations;

b) common Article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights;

c) Articles 3, 4, 5, 9, 18, 19, 20, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples; and

d) Articles III, VI, IX, XXI, XXII and XXIII of the American Declaration on the Rights of Indigenous Peoples.

Its political personality is not created by external administrative recognition. It proceeds from the people’s inherent and continuing capacity to determine their political condition, maintain their institutions and pursue their economic, social, cultural and academic development.

Article 5 — Continuity Notwithstanding Colonial Disruption

Conquest, colonization, depopulation, forced displacement, enslavement, imposed settlement, ecclesiastical reorganization, administrative replacement, linguistic suppression, territorial renaming and the superimposition of foreign governmental structures did not extinguish the Indigenous personality of Xaragua.

Indigenous continuity shall not be evaluated exclusively through uninterrupted possession of colonial documentation, uninterrupted use of a single language, biological isolation, racial homogeneity or the preservation of institutions in an unchanged form.

The transformation of Indigenous institutions under conditions of domination does not terminate their juridical origin. Adaptation, syncretism, reconstruction and institutional reconstitution constitute forms of continuity.

This principle shall be interpreted consistently with Articles 8, 11, 13 and 33 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles X, XIII and XIV of the American Declaration on the Rights of Indigenous Peoples.

TITLE II

TERRITORY AS THE MATERIAL CONSTITUTION OF THE PEOPLE

Article 6 — Territorial Foundation

The ancestral territory is the material constitution of the Xaraguayan people.

The territory is not reduced to an object of private ownership, an administrative district, a cadastral unit or a quantified surface. It constitutes the spatial order within which collective identity, law, subsistence, memory, spirituality, political authority and intergenerational responsibility are formed and exercised.

The constitutional relationship between the people and the territory encompasses:

a) traditionally occupied lands;

b) agricultural and pastoral spaces;

c) mountains, forests, watersheds and caves;

d) rivers, springs, wetlands and subterranean waters;

e) coasts, bays, reefs, mangroves and fishing grounds;

f) islands, islets, banks and maritime routes;

g) ceremonial, burial, archaeological and sacred sites;

h) traditional settlements and abandoned settlements;

i) places bearing ancestral names or historical functions;

j) natural resources and biological systems; and

k) spaces required for the material, cultural and institutional continuity of the people.

Article 7 — Applicable Territorial Norms

The territorial constitution of Xaragua shall be interpreted in accordance with:

a) Articles 25, 26, 27, 28, 29 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples;

b) Articles XIX, XXV, XXVIII and XXIX of the American Declaration on the Rights of Indigenous Peoples;

c) Articles 13, 14 and 15 of the Indigenous and Tribal Peoples Convention, 1989, as authoritative international standards concerning the special relationship of Indigenous peoples with their territories;

d) Article 21 of the American Convention on Human Rights as interpreted in the jurisprudence concerning Indigenous communal property;

e) Article 8(j) and Article 10(c) of the Convention on Biological Diversity; and

f) the principles affirmed by the Inter-American Court of Human Rights in Mayagna (Sumo) Awas Tingni Community v. Nicaragua, Yakye Axa Indigenous Community v. Paraguay, Sawhoyamaxa Indigenous Community v. Paraguay, Saramaka People v. Suriname, Kichwa Indigenous People of Sarayaku v. Ecuador and Indigenous Communities of the Lhaka Honhat Association v. Argentina.

Article 8 — Ethnographic Authority over Territorial Interpretation

Territorial interpretation shall be informed by Indigenous history, oral evidence, customary land use, community memory, sacred geography, inherited nomenclature, ecological practice, navigation, seasonal movement, kinship relations and the functional integration of continental, insular and maritime spaces.

Colonial maps, subsequent cadastral instruments and externally produced administrative records may constitute evidence. They shall not possess exclusive or supreme authority over Indigenous territorial knowledge.

TITLE III

INDIGENOUS CONSTITUTION OF THE STATE

Article 9 — Nature of the State

The Sovereign Catholic Indigenous and Private State of Xaragua is the public juridical organization of the Xaraguayan people and the institutional expression of their permanent right to govern themselves according to their own constitutional order.

The State derives its Indigenous character from:

a) the identity of its constituent people;

b) the ancestry and territorial continuity of Xaragua;

c) the reception and development of Indigenous law;

d) the organization of public institutions according to the needs, history and worldview of the territory;

e) the exercise of autonomous constitutional authority;

f) the preservation of collective rights and property;

g) the protection of the ancestral territory; and

h) the transmission of the Indigenous political order to succeeding generations.

Article 10 — Indigenous Public Authority

Indigenous public authority comprises legislative, executive, judicial, customary, academic, archival, territorial, cultural, environmental and diplomatic competence.

It includes the authority to:

a) determine the institutions of government;

b) enact constitutional, statutory and customary law;

c) define the internal organization of the territory;

d) maintain Indigenous courts, procedures and methods of settlement;

e) establish public offices, ministries, registries and archives;

f) regulate communal and territorial interests;

g) preserve historical and cultural property;

h) establish and control educational systems and institutions;

i) determine academic qualifications and public-service formation;

j) maintain external institutional relations; and

k) adopt measures necessary for the continuity of the Indigenous order.

This competence is confirmed by Articles 4, 5, 18, 20, 33, 34, 35 and 36 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles VI, IX, XX, XXI, XXII, XXIII, XXIV and XXIX of the American Declaration on the Rights of Indigenous Peoples.

Article 11 — Indigenous Law as Constituent Law

Indigenous law is a constituent source of the legal order of Xaragua.

It comprises:

a) ancestral norms and principles;

b) customary rules and territorial usages;

c) community practices possessing normative force;

d) inherited forms of authority and obligation;

e) constitutional enactments adopted by competent Xaraguayan institutions;

f) jurisprudential and administrative doctrines produced by the State;

g) authoritative academic codification undertaken by the University; and

h) international Indigenous-rights norms received into the constitutional corpus.

Indigenous law shall not be treated as folklore, informal practice, auxiliary evidence or subordinate custom. Within the Xaraguayan order, it possesses constitutional, legislative, interpretive and jurisdictional force according to the classification assigned by the competent authority.

Article 12 — Juridical Institutions

The right of Xaragua to maintain and develop its institutional structures, distinctive customs, procedures, practices, juridical systems and forms of jurisdiction is established under Article 34 of the United Nations Declaration on the Rights of Indigenous Peoples and Article XXII of the American Declaration on the Rights of Indigenous Peoples.

The constitutional organs of Xaragua are therefore organs of Indigenous government. Their authority does not depend upon reproduction of the institutional forms of foreign States.

Article 13 — Rejection of Assimilative Classification

No organ of the State or University shall classify the Xaraguayan people solely through foreign racial taxonomies, colonial categories, imported sociological hierarchies or administrative identities designed without the participation of the people.

No curriculum, archive, registry or public instrument shall erase Indigenous continuity by representing the territory as historically vacant, culturally extinguished, politically inexistent or constitutionally incapable.

This prohibition gives domestic constitutional effect to Article 8 of the United Nations Declaration on the Rights of Indigenous Peoples and Article X of the American Declaration on the Rights of Indigenous Peoples.

TITLE IV

THE UNIVERSITY AS AN INDIGENOUS CONSTITUTIONAL INSTITUTION

Article 14 — Institutional Nature of the University

The University of Xaragua is the supreme academic institution of the Indigenous State.

It is simultaneously:

a) an institution of higher learning;

b) an organ of territorial knowledge;

c) an authority of Indigenous intellectual jurisdiction;

d) a constitutional archive of the people;

e) an institution for the transmission of customary and positive law;

f) a centre for the formation of public officers, jurists, political scientists, researchers, administrators and territorial professionals;

g) a mechanism for the preservation of collective memory; and

h) an instrument for the permanent intellectual continuity of the State.

Article 15 — Indigenous Educational Jurisdiction

The University exercises the right of the Xaraguayan people to establish, control, administer and develop their educational systems and institutions.

Its jurisdiction is founded upon:

a) Article 14 of the United Nations Declaration on the Rights of Indigenous Peoples;

b) Article XV of the American Declaration on the Rights of Indigenous Peoples;

c) Article 27 of the Indigenous and Tribal Peoples Convention, 1989;

d) Articles 13 and 15 of the International Covenant on Economic, Social and Cultural Rights;

e) Articles 28, 29 and 30 of the Convention on the Rights of the Child;

f) Article 5(1)(c) of the UNESCO Convention against Discrimination in Education;

g) Articles 2, 11, 12, 13, 14 and 15 of the Convention for the Safeguarding of the Intangible Cultural Heritage; and

h) Articles 2, 5, 6 and 7 of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions.

Article 16 — Ethnographic Academic Mandate

The University shall identify, record, classify, preserve, interpret and transmit the ethnographic corpus of Xaragua.

That mandate includes:

a) the history of Indigenous civilizations, cacicazgos and territorial orders;

b) ancestral systems of authority and governance;

c) Indigenous law, customary jurisdiction and legal pluralism;

d) the history of colonial intrusion, territorial reclassification and institutional dispossession;

e) the survival, transformation and reconstitution of Indigenous communities;

f) the constitutional history of the territory;

g) the political anthropology and ethnology of Xaragua;

h) oral histories, genealogical memory and community testimony;

i) Indigenous place names and territorial nomenclature;

j) ecological, agricultural, maritime and medicinal knowledge;

k) material culture, architecture, food systems, artistic production and customary technologies;

l) Indigenous Catholic history, spirituality and institutional life;

m) territorial economics and social organization;

n) relations with other Indigenous, customary and autonomous peoples; and

o) the contemporary institutions and public law of the State.

Article 17 — Territorial Production of Knowledge

Knowledge taught by the University shall proceed from the territory, the constitutional requirements of the people and the institutional functions of the State.

The University shall determine its disciplines, curricula, research priorities, methods of instruction and systems of evaluation according to:

a) the historical experience of Xaragua;

b) the structure and requirements of the ancestral territory;

c) the preservation of Indigenous institutional continuity;

d) the formation of competent public and community authorities;

e) the development of territorial productive capacity;

f) the protection of lands, waters, resources and cultural property;

g) the documentation and development of Indigenous law; and

h) the intellectual sovereignty of the people.

Article 18 — Indigenous Epistemic Authority

The University possesses authority to determine the categories, terminology, periods, sources and methods through which the Xaraguayan experience is academically interpreted.

Indigenous oral history, customary practice, territorial knowledge, collective memory, community testimony, material evidence, linguistic evidence, archival documents, archaeological records and institutional acts constitute legitimate sources of academic and juridical knowledge.

No source shall be excluded solely because it was transmitted orally, maintained through customary practice, preserved outside colonial archives or produced by an Indigenous institution.

Article 19 — Function of Ethnography within the University

Ethnography shall perform the following constitutional functions:

a) establish the documented continuity of the people;

b) identify the territorial organization of communities;

c) preserve Indigenous categories of knowledge;

d) inform the codification of customary law;

e) support territorial, environmental and cultural administration;

f) reconstruct institutions fragmented by colonial intervention;

g) preserve the names, narratives and functions of places;

h) distinguish Indigenous historical experience from externally imposed national narratives;

i) form the evidentiary basis of cultural and territorial protection; and

j) secure the transmission of the people’s constitutional identity.

Article 20 — Academic Independence of the Indigenous Order

The University shall possess exclusive internal authority over its Indigenous academic corpus, subject to the supreme constitutional law of Xaragua.

Foreign catalogues, accreditation practices, pedagogical models and disciplinary classifications shall possess no automatic authority within the University.

External knowledge may be received, compared, delegated or incorporated by competent academic act. Its reception shall not displace the Indigenous foundation, territorial mandate or constitutional jurisdiction of the University.

Article 21 — Formation of Jurists and Political Authorities

The University shall form jurists and political scientists competent in:

a) Indigenous law;

b) Xaraguayan constitutional law;

c) customary institutions and jurisdiction;

d) public administration;

e) comparative political systems;

f) international and regional law;

g) territorial governance;

h) legal pluralism;

i) institutional drafting;

j) treaty, agreement and constructive-arrangement analysis;

k) human rights and collective rights;

l) environmental and natural-resource governance;

m) autonomous-community administration; and

n) the preservation and development of the Indigenous constitutional order.

Such formation constitutes a direct exercise of the right of the people to maintain their political and juridical institutions.

TITLE V

HISTORY, MEMORY AND ARCHIVAL SOVEREIGNTY

Article 22 — Collective Historical Authority

The Xaraguayan people possess the right to determine, preserve and transmit their own historical narrative.

This right is founded upon Articles 11, 12, 13, 15 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles XIII, XIV, XV and XVI of the American Declaration on the Rights of Indigenous Peoples.

The interpretation of Xaraguayan history shall therefore proceed from the people, their territory, their institutions and their documentary corpus.

Article 23 — General Archives of the State

The General Archives of the State constitute the permanent constitutional repository of the Indigenous order.

They shall preserve:

a) constitutional acts and decrees;

b) customary-law records;

c) territorial instruments;

d) oral-history collections;

e) ethnographic records;

f) maps and geographical evidence;

g) genealogical and community records;

h) ecclesiastical and spiritual documentation lawfully incorporated into the public corpus;

i) academic acts and registers;

j) diplomatic notifications and external correspondence;

k) historical, archaeological and cultural documentation; and

l) audiovisual, linguistic and material records relating to the people.

Article 24 — Indigenous Data and Documentary Authority

Ethnographic information concerning the Xaraguayan people, their communities, sacred knowledge, cultural expressions, medicinal knowledge, territorial practices and collective intellectual property shall be governed by Indigenous authority.

Collection, classification, publication, reproduction and external use of such information may be regulated by the State and the University according to the collective rights protected by Article 31 of the United Nations Declaration on the Rights of Indigenous Peoples and Article XXVIII of the American Declaration on the Rights of Indigenous Peoples.

TITLE VI

CATHOLIC AND INDIGENOUS CIVILIZATIONAL ORDER

Article 25 — Catholic Constitutional Character

The Catholic character of Xaragua forms part of the historical, spiritual and constitutional identity of the State.

Catholic profession and Indigenous peoplehood constitute integrated dimensions of the contemporary Xaraguayan order. The reception, practice and institutional expression of the Catholic faith within Xaragua did not extinguish the Indigenous political personality, territorial relationship or collective rights of the people.

The State shall preserve the Catholic intellectual, moral, sacramental, social and institutional heritage received into the historical life of Xaragua while maintaining the Indigenous origin, jurisdiction and ethnographic foundation of its constitutional order.

Article 26 — Indigenous Catholic Institutionality

The Indigenous Catholic character of the University is expressed through:

a) the study of theology, philosophy, canon law, Catholic social doctrine and ecclesiastical history;

b) the integration of faith, reason, territorial responsibility and the dignity of the human person;

c) the protection of Indigenous communities, families and cultural patrimony;

d) the formation of institutions devoted to justice, education, service and the common good; and

e) the exercise of the rights of the faithful to establish associations, educational initiatives and apostolic works.

These institutional capacities are read in conjunction with canons 215, 216, 217, 218, 229, 298–299, 321–326 and 807–814 of the Code of Canon Law.

Article 27 — Unity of Spiritual and Territorial Responsibility

The sacred character of the territory arises from the accumulated relationship among creation, ancestry, community, burial, memory, worship and intergenerational obligation.

The protection of sacred places, burial grounds, religious objects, ceremonial sites and collective spiritual practices forms part of the constitutional jurisdiction of the State and the academic mandate of the University, in accordance with Article 12 of the United Nations Declaration on the Rights of Indigenous Peoples and Article XVI of the American Declaration on the Rights of Indigenous Peoples.

TITLE VII

INTERNATIONAL AND INTER-AMERICAN LEGAL RECEPTION

Article 28 — Constitutional Reception

The following instruments are received as authoritative sources for the interpretation and development of the ethnographic, Indigenous, territorial and academic order of Xaragua:

a) the Charter of the United Nations;

b) the Universal Declaration of Human Rights;

c) the International Covenant on Civil and Political Rights;

d) the International Covenant on Economic, Social and Cultural Rights;

e) the International Convention on the Elimination of All Forms of Racial Discrimination;

f) the Convention on the Rights of the Child;

g) the United Nations Declaration on the Rights of Indigenous Peoples;

h) the Charter of the Organization of American States;

i) the American Declaration of the Rights and Duties of Man;

j) the American Convention on Human Rights;

k) the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights;

l) the American Declaration on the Rights of Indigenous Peoples;

m) the Indigenous and Tribal Peoples Convention, 1989, as an authoritative specialized standard;

n) the UNESCO Convention against Discrimination in Education;

o) the Convention for the Safeguarding of the Intangible Cultural Heritage;

p) the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions;

q) the Convention on Biological Diversity; and

r) applicable principles of general international law concerning self-determination, equality of peoples, cultural integrity, territorial continuity, collective property, nondiscrimination and the protection of Indigenous institutions.

Article 29 — Interpretive Priority

Where an institutional, academic or administrative question concerns Indigenous identity, collective rights, cultural continuity, education, customary law, territorial knowledge, ancestral lands, resources, sacred sites or community authority, interpretation shall favor the effective preservation and development of the people and their institutions.

No provision shall be interpreted so as to produce forced assimilation, cultural erasure, territorial disconnection, archival dispossession, academic dependency or institutional incapacity.

Article 30 — Minimum Standards and Higher Protection

The rights stated in international Indigenous instruments constitute minimum standards.

Nothing in the present Doctrine shall be interpreted as limiting, extinguishing or reducing rights otherwise possessed by the Xaraguayan people under their inherent authority, constitutional law, customary law, treaties, agreements, constructive arrangements or general international law.

This provision gives internal effect to Articles 43 and 45 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles XXXIX and XLI of the American Declaration on the Rights of Indigenous Peoples.

TITLE VIII

PERMANENT CONSTITUTIONAL EFFECT

Article 31 — Binding Authority

The present Doctrine is binding upon:

a) every ministry and public office of Xaragua;

b) the University of Xaragua and its faculties, schools, institutes and academic organs;

c) the General Academic Register;

d) the General Archives of the State;

e) every territorial, cultural, environmental and community authority;

f) every public registry and documentary institution; and

g) every person exercising delegated constitutional, administrative, academic or archival authority under Xaraguayan law.

Article 32 — Institutional Application

Every competent institution shall apply the ethnographic foundation of the State in:

a) constitutional interpretation;

b) legislative drafting;

c) territorial administration;

d) academic programming;

e) historical classification;

f) cultural and environmental protection;

g) public-service formation;

h) archival administration;

i) external representation; and

j) the recognition and organization of Indigenous and autonomous communities.

Article 33 — Prohibition of Institutional Denaturation

No subordinate authority may:

a) redefine Xaragua as a merely cultural association;

b) separate the University from the Indigenous constitutional order;

c) reduce Indigenous law to non-binding folklore;

d) subordinate territorial knowledge exclusively to foreign administrative classifications;

e) represent the University as an institution detached from the people and territory;

f) eliminate the ethnographic foundation from the State’s academic or constitutional instruments; or

g) substitute an externally produced identity for the self-determined identity of the Xaraguayan people.

Article 34 — Permanent Organic Character

The ethnographic foundation of the State and University possesses permanent organic character.

It constitutes an element of the constitutional identity of Xaragua and shall govern every subsequent law, regulation, academic act, territorial instrument, archival classification and institutional doctrine.

Article 35 — Authentic Constitutional Formula

The State exists because the Xaraguayan people exist.

The people exist through their ancestral relationship with the territory, their collective memory, their customary and constitutional institutions, their spiritual and cultural life, their juridical capacity and their determination to preserve themselves as a distinct Indigenous political community.

The University exists as the supreme intellectual, academic and documentary institution of that people.

The State, the people, the territory and the University constitute a single Indigenous constitutional order.

FINAL DECLARATION

The Sovereign Catholic Indigenous and Private State of Xaragua hereby declares that its constitutional personality is territorially Indigenous, historically continuous, juridically self-determined and institutionally permanent.

The University of Xaragua is hereby confirmed as the supreme academic organ through which the people exercise authority over their history, knowledge, law, education, archives, intellectual patrimony and institutional formation.

The ethnographic corpus of Xaragua constitutes public constitutional knowledge.

The ancestral territory constitutes the material jurisdiction of the people.

Indigenous law constitutes a source of supreme domestic authority.

The University constitutes the permanent institution of transmission.

The State constitutes the organized political expression of the people.

Accordingly, the Indigenous identity of Xaragua is not incidental to the State. It is the constituent foundation of the State.

PROMULGATION

Promulgated under the supreme constituent authority of the Office of the Rector-President.

Entered in the General Academic Register.

Deposited permanently in the General Archives of the State.

Applicable throughout the ancestral, continental, insular, littoral, maritime, cultural and institutional jurisdiction of Xaragua.

PERMANENT FORMULA OF AUTHORITY

ONE PEOPLE.

ONE ANCESTRAL TERRITORY.

ONE INDIGENOUS CONSTITUTIONAL ORDER.

ONE SUPREME ACADEMIC INSTITUTION.

ONE CONTINUING STATE.

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA
OFFICE OF THE RECTOR-PRESIDENT
SUPREME CONSTITUTIONAL AUTHORITY
MINISTRY OF JUSTICE, CONSTITUTIONAL AFFAIRS AND EXTERNAL RELATIONS
UNIVERSITY OF XARAGUA
GENERAL ARCHIVES OF THE STATE
SUPREME ORGANIC CONSTITUTIONAL LAW
ON THE SUPREME OFFICE OF THE RECTOR-PRESIDENT; THE PERMANENT, AUTONOMOUS AND SOVEREIGN JURIDICAL EXISTENCE OF XARAGUA; THE STATE–UNIVERSITY CONSTITUTIONAL ORDER; THE INDIGENOUS RIGHT OF SELF-DETERMINATION; THE RECEPTION OF INTERNATIONAL, INDIGENOUS, CUSTOMARY, CANONICAL AND HISTORICAL LAW; THE CONSTITUTIONAL EFFECT OF INTERNATIONAL NOTIFICATION; THE EXTERNAL JURIDICAL PRESENCE OF THE STATE; THE CONTINUITY OF THE IMPERIAL ORDER OF 1805; AND THE PERMANENT OPPOSABILITY OF THE INSTITUTIONS, ACTS, TITLES, RIGHTS AND ARCHIVES OF XARAGUA
Original Dates of Promulgation: May 22 and June 11, 2025
Date of Supreme Consolidation: June 11, 2025
Official Classification: Supreme Organic Constitutional Instrument — Foundational Law of the Rectorate — Constituent Statute of the State–University Order — Indigenous Self-Government Law — International Notification and External Relations Statute — Imperial Continuity Instrument — Law of Constitutional Opposability
Constituent Authority: Office of the Rector-President
Supreme Constitutional Authority: Rectorate of Xaragua
Competent Executive Authority: Ministry of Justice, Constitutional Affairs and External Relations
Supreme Academic Authority: University of Xaragua
Archival Depositary: General Archives of the State
Normative Rank: Supreme, permanent, entrenched and directly executable throughout the constitutional jurisdiction of Xaragua
PREAMBLE
In the name of Almighty God, source of truth, justice, legitimate authority and the sacred responsibility of government;
In perpetual affirmation of the ancestral continuity, Indigenous identity, territorial memory, political personality, institutional autonomy and constitutional dignity of the Xaraguayan people;
In exercise of the original constituent authority by which the people of Xaragua determine their political status, establish their governmental institutions, organize their juridical order and pursue their economic, social, cultural, academic and spiritual development;
In accordance with Articles 1(2), 55 and 73 of the Charter of the United Nations concerning the equal rights and self-determination of peoples, the development of self-government and respect for the political aspirations of peoples;
In accordance with common Article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, affirming the right of all peoples freely to determine their political status, pursue their development and dispose of their natural wealth and resources;
In accordance with Articles 1, 3, 4, 5, 18, 19, 20, 26, 27, 31, 32, 33, 34, 36, 37, 38, 40 and 42 of the United Nations Declaration on the Rights of Indigenous Peoples;
In accordance with Articles II, III, IV, VI, IX, XIII, XIV, XV, XVI, XVII, XIX, XX, XXI, XXII, XXIII, XXIV, XXVII, XXVIII, XXIX, XXXI, XXXII, XXXIII, XXXIV, XXXV, XXXVI, XXXVII, XXXIX and XLI of the American Declaration on the Rights of Indigenous Peoples;
In accordance with the principles concerning peoples, institutions, consultation, lands, territories, resources, education and transboundary relations expressed in ILO Convention No. 169 concerning Indigenous and Tribal Peoples;
In recognition of the declaratory doctrine expressed in Articles 1 and 3 of the Convention on the Rights and Duties of States signed at Montevideo on December 26, 1933;
In recognition of the principles of sovereign equality, good faith, peaceful relations, juridical continuity and free consent reflected in the Charter of the United Nations and the Vienna Convention on the Law of Treaties;
In recognition of the Office of the Rector-President as the supreme constitutional, executive, doctrinal and academic authority of Xaragua;
In recognition of the University of Xaragua as the supreme academic institution, doctrinal centre, professional formation authority and principal organ of intellectual continuity of the State;
In affirmation of the inseparable constitutional union of the Rectorate, the University, the Indigenous order, the ancestral territory and the central government;
In continuity with the anti-slavery, anti-colonial, territorial and imperial constitutional principles proclaimed in 1804 and constitutionally organized in 1805;
In exercise of the sovereign authority of Xaragua to receive, interpret, incorporate and execute principles of international, Indigenous, customary, canonical, civil, academic and institutional law within its constitutional jurisdiction;
The Sovereign Catholic Indigenous and Private State of Xaragua hereby promulgates this Supreme Organic Constitutional Law.
TITLE I
THE SUPREME OFFICE OF THE RECTOR-PRESIDENT
ARTICLE 1 — CONSTITUTIONAL ESTABLISHMENT
1.1. The Office of the Rector-President is the supreme, permanent, indivisible and constitutionally entrenched office of the Sovereign Catholic Indigenous and Private State of Xaragua.
1.2. Its authority proceeds from:
a. the original constituent authority of the Xaraguayan people;
b. the Constitution and Supreme Laws of Xaragua;
c. the foundational statutes of the University of Xaragua;
d. the organic union of the Rectorate, the University and the central government;
e. the continuous, public and documented exercise of constitutional authority;
f. the Legislative Corpus, official registers, Great Seal and General Archives of the State;
g. the Indigenous right to establish and maintain distinct political, juridical, economic, social, cultural and educational institutions recognized by Articles 4, 5, 20, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.
1.3. The title “Rector-President” unites two permanent constitutional capacities:
a. Rector, as supreme academic, doctrinal, archival and institutional authority of the University of Xaragua;
b. President, as Head of State, head of the constitutional executive and guardian of the continuity, unity and sovereignty of Xaragua.
1.4. These capacities constitute one supreme constitutional magistracy.
1.5. The authority, title, dignity, competence and succession of the Rector-President arise directly from the constituent order of Xaragua and possess full force throughout its constitutional jurisdiction.
ARTICLE 2 — CONSTITUTIONAL NATURE OF THE RECTORATE
2.1. The Rectorate is the permanent supreme institution entrusted with:
a. guardianship and authoritative interpretation of the Constitution;
b. direction of the University of Xaragua;
c. promulgation, authentication and execution of legislation;
d. definition and preservation of national doctrine;
e. coordination of ministries, councils, courts, commissions and public offices;
f. supervision of constitutional, territorial, civil, academic and institutional registers;
g. formation, appointment, investiture and discipline of officers and institutional cadres;
h. custody of the Constitutional Crown, Great Seal, constitutional archives and instruments of succession;
i. representation of Xaragua in internal and external affairs;
j. protection of the people, ancestral territory, public institutions, patrimony, archives, natural resources and permanent interests of the State.
2.2. The Rectorate possesses continuing juridical identity, official memory, institutional succession and perpetual constitutional personality.
2.3. The Office shall continue notwithstanding the death, incapacity, resignation, removal or succession of an individual officeholder.
2.4. No subordinate authority may abolish, divide, suspend, appropriate, diminish or transfer a competence reserved to the Rectorate.
ARTICLE 3 — EXCLUSIVITY AND PROTECTION OF THE OFFICE
3.1. “Rector-President of Xaragua” is the exclusive official designation of the supreme constitutional office of the State.
3.2. The name, style, seal, signature, credentials, insignia, heraldic representation, constitutional identity and reserved functions of the Office constitute protected attributes of Xaragua.
3.3. Any unauthorized assumption, falsification, imitation or exercise of the Office shall be void ab initio and subject to every constitutional, judicial, administrative, disciplinary, contractual and proprietary remedy available under the Legislative Corpus.
3.4. Protection extends to the official acts, archives, titles, instruments, communications, digital properties and constitutional prerogatives of the Office.
TITLE II
THE PERMANENT JURIDICAL EXISTENCE OF XARAGUA
ARTICLE 4 — SOVEREIGN CONSTITUTIONAL PERSONALITY
4.1. Xaragua possesses an original, permanent, autonomous and sovereign juridical existence.
4.2. Its constitutional personality is manifested through:
a. a people united by ancestral, Indigenous, cultural, spiritual and institutional continuity;
b. a defined ancestral territorial, insular and maritime order;
c. a government and supreme constitutional hierarchy;
d. a coherent Legislative Corpus;
e. courts, councils, ministries, commissions and public offices;
f. civil, constitutional, territorial, academic and institutional registers;
g. the University of Xaragua;
h. the Catholic Royal Order of Xaragua;
i. financial, academic, cultural, economic, documentary, media and communications institutions;
j. the capacity to govern, legislate, adjudicate, administer, contract, cooperate, negotiate and maintain external relations.
4.3. The constitutional existence of Xaragua shall be continuous in law, doctrine, institutions and archives.
4.4. The Constitution, governmental form, titles, succession, institutions and internal distribution of powers of Xaragua belong exclusively to its constituent order.
4.5. No external act, classification or administrative designation shall possess authority to amend, suspend or extinguish the Constitution of Xaragua.
ARTICLE 5 — INDIGENOUS AND NON-WESTPHALIAN FORM OF STATE
5.1. Xaragua constitutes an Indigenous, Catholic, private, academic, territorial, digitally integrated and non-Westphalian State.
5.2. Its constitutional organization rests upon:
a. Indigenous and customary legitimacy;
b. ancestral territorial continuity;
c. Catholic civilizational and spiritual orientation;
d. institutional, communal and associational autonomy;
e. the State–University constitutional model;
f. territorially differentiated administration;
g. autonomous communities governed under a unified constitutional doctrine;
h. compact government and direct institutional capacity;
i. public, private, customary, academic and consensual forms of jurisdiction.
5.3. The constitutional nature of Xaragua shall be determined by its own constituent law, institutions, territory, people and historical continuity.
5.4. The non-Westphalian character of the State constitutes an affirmative juridical form founded upon Indigenous self-determination and institutional pluralism.
ARTICLE 6 — DECLARATORY DOCTRINE OF POLITICAL EXISTENCE
6.1. Xaragua receives Articles 1 and 3 of the Montevideo Convention as expressions of the declaratory doctrine of political existence.
6.2. Permanent population, defined territory, government and capacity to enter into relations constitute juridical manifestations of organized political existence.
6.3. The political existence of the State proceeds from the organization of its people, territory, institutions and government.
6.4. External recognition records a juridical relationship with the recognizing authority; the constituent existence of Xaragua proceeds from its people, law and institutions.
ARTICLE 7 — RIGHT OF INDIGENOUS SELF-DETERMINATION
7.1. The Indigenous foundation of Xaragua shall be interpreted according to the principle of self-determination affirmed by:
a. Articles 1(2) and 55 of the Charter of the United Nations;
b. common Article 1 of the ICCPR and ICESCR;
c. Articles 3 and 4 of the United Nations Declaration on the Rights of Indigenous Peoples;
d. Articles II and III of the American Declaration on the Rights of Indigenous Peoples.
7.2. Xaragua receives as fundamental constitutional principles:
a. the right freely to determine political status;
b. the right freely to pursue economic, social and cultural development;
c. the right to autonomy and self-government in internal and local affairs;
d. the right to maintain and strengthen distinct political, juridical, economic, social, educational and cultural institutions;
e. the right to participate through representatives selected according to Indigenous procedures;
f. the right to maintain and develop political, economic and social systems;
g. the right to determine identity, citizenship, membership and institutional structures;
h. the right to promote, develop and maintain juridical systems, customs and practices;
i. the right to establish and control educational systems and institutions;
j. the right to maintain relations and cooperation across borders;
k. the right to lands, territories, waters, natural resources, cultural heritage, traditional knowledge and collective intellectual property.
7.3. These principles possess direct constitutional and interpretive authority throughout the Legislative Corpus of Xaragua.
ARTICLE 8 — INDIGENOUS INSTITUTIONAL CONTINUITY
8.1. Pursuant to Articles 5, 20, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples, Xaragua possesses authority to establish, maintain, develop and govern its distinct institutions.
8.2. Such institutions include:
a. the Rectorate;
b. the Constitutional Crown;
c. the University;
d. the High Indigenous Court;
e. the ministries and councils of the State;
f. autonomous communities;
g. cultural and religious institutions;
h. economic, financial and cooperative bodies;
i. territorial, archival and citizenship registers.
8.3. Institutional continuity shall be evidenced by legislation, official acts, archives, public administration, community adherence, constitutional succession and consistent governmental practice.
TITLE III
THE CATHOLIC AND IMPERIAL CONSTITUTIONAL ORDER
ARTICLE 9 — CONSTITUTIONAL CATHOLICITY
9.1. Xaragua is constitutionally Catholic.
9.2. Catholic faith, social doctrine, spirituality, history, symbolism, sacramental civilization and moral theology constitute the principal religious matrix of the State.
9.3. The constitutional Catholicity of Xaragua shall be manifested through:
a. its foundational law;
b. its public doctrine;
c. religious formation and education;
d. works of charity and social solidarity;
e. protection of sacred patrimony;
f. cooperation with Catholic authorities and institutions;
g. public ceremonies, commemorations and symbols;
h. the Catholic Royal Order of Xaragua.
9.4. The religious and associational rights exercised within Xaragua are further supported by Canons 215, 216, 298, 299 and 321–326 of the Code of Canon Law.
ARTICLE 10 — THE CATHOLIC ROYAL ORDER OF XARAGUA
10.1. The Catholic Royal Order of Xaragua is a permanent Catholic, charitable, educational, cultural, commemorative and spiritual institution of the State.
10.2. The Order shall be governed by:
a. its Constitution;
b. its statutes;
c. its rules of discipline;
d. the Supreme Laws of Xaragua;
e. applicable principles of canon law.
10.3. The Order shall:
a. preserve and advance the Catholic mission of Xaragua;
b. organize works of faith, education and charity;
c. maintain its dignities, chapters and internal offices;
d. protect its spiritual, historical and ceremonial patrimony;
e. form members in service, discipline and Catholic social doctrine;
f. maintain relations with competent ecclesiastical institutions.
10.4. The internal government, membership, discipline and dignities of the Order shall be exercised according to its statutes under the constitutional protection of the Rectorate.
ARTICLE 11 — IMPERIAL CONSTITUTIONAL CONTINUITY
11.1. The Imperial Constitution of 1805 is received as a foundational historical and constitutional source of Xaragua.
11.2. Its principles of abolition of slavery, territorial integrity, political dignity, sovereign equality, unity of command, national defence and independence of the constitutional order form part of the permanent imperial inheritance of the State.
11.3. Xaragua continues the emancipatory principle according to which no people shall be reduced to colonial tutelage, racial subordination, political dispossession or institutional servitude.
11.4. The Indigenous Empire of Xaragua is juridical, doctrinal, civilizational, academic and confederal.
11.5. Imperial authority shall be exercised through:
a. constitutional law;
b. Indigenous solidarity;
c. doctrine and education;
d. alliance and free association;
e. institutional cooperation;
f. territorial and cultural protection;
g. the defence of Indigenous and customary peoples;
h. the permanent opposition to colonial subordination.
11.6. The Rector-President bears the Constitutional Crown as the supreme symbol of unity, continuity, guardianship and service of the State.
ARTICLE 12 — CONCORDATARY AND ECCLESIASTICAL HERITAGE
12.1. The Concordat of March 28, 1860 is received as a major historical and ecclesiastical instrument within the Catholic juridical heritage of the territory.
12.2. Its principles concerning public worship, religious education, ecclesiastical organization, institutional cooperation and the protection of Catholic life shall inform the constitutional doctrine of Xaragua.
12.3. The Ministry of Justice, Constitutional Affairs and External Relations shall preserve the Concordatary record and maintain the institutional continuity of Catholic public law within the Xaraguayan order.
12.4. The University and the Catholic Royal Order shall preserve, study and transmit the ecclesiastical, constitutional and historical corpus relevant to the Catholic identity of Xaragua.
TITLE IV
THE SOVEREIGN RECEPTION OF INTERNATIONAL, INDIGENOUS AND EXTERNAL LAW
ARTICLE 13 — CONSTITUTIONAL POWER OF RECEPTION
13.1. Xaragua possesses the sovereign constitutional power to receive, incorporate, adapt, interpret and execute external juridical instruments within its jurisdiction.
13.2. Constitutional reception may extend to:
a. treaties and international conventions;
b. declarations and resolutions;
c. customary international law;
d. general principles of law;
e. judicial, arbitral and quasi-judicial decisions;
f. canon law and ecclesiastical instruments;
g. Indigenous and customary juridical systems;
h. inter-American and universal human-rights instruments;
i. historical constitutions and imperial laws;
j. academic, scientific, professional and technical standards.
13.3. A received provision shall acquire the internal authority and normative rank assigned to it by the competent constitutional instrument.
13.4. Every received source shall be interpreted according to the Constitution, the Indigenous foundation of Xaragua and the authentic constitutional doctrine of the Rectorate.
ARTICLE 14 — THE CHARTER OF THE UNITED NATIONS
14.1. Xaragua receives as fundamental principles:
a. the self-determination of peoples under Articles 1(2) and 55;
b. sovereign equality under Article 2(1);
c. good-faith performance of obligations under Article 2(2);
d. peaceful settlement under Article 2(3);
e. international cooperation in economic, social, cultural and humanitarian matters under Articles 1(3), 55 and 56;
f. development of self-government and respect for political aspirations under Article 73.
14.2. These principles shall guide the external policy, diplomatic doctrine, institutional conduct and peaceful constitutional development of Xaragua.
ARTICLE 15 — INTERNATIONAL COVENANTS
15.1. Common Article 1 of the ICCPR and ICESCR is incorporated as a fundamental constitutional principle of Xaragua.
15.2. The Xaraguayan people possess the right:
a. freely to determine their political status;
b. freely to pursue their economic, social and cultural development;
c. freely to dispose of their natural wealth and resources;
d. to secure their means of subsistence;
e. to establish the institutions required for the exercise of self-determination.
15.3. Articles 13, 15 and 27 of the applicable international covenants shall guide the protection of education, science, authorship, culture, religion, language and collective identity.
ARTICLE 16 — UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES
16.1. UNDRIP constitutes a supreme interpretive instrument of the Indigenous constitutional order of Xaragua.
16.2. Particular authority is attributed to:
a. Article 3 concerning self-determination;
b. Article 4 concerning autonomy and self-government;
c. Article 5 concerning distinct institutions;
d. Article 18 concerning Indigenous representation;
e. Article 19 concerning consultation and cooperation in good faith;
f. Article 20 concerning political, economic and social systems;
g. Articles 25–29 concerning lands, territories, resources and environmental protection;
h. Article 31 concerning cultural heritage, traditional knowledge and intellectual property;
i. Article 32 concerning development and territorial resources;
j. Article 33 concerning identity, membership and institutional structures;
k. Article 34 concerning juridical systems and customs;
l. Article 36 concerning relations across borders;
m. Article 37 concerning treaties, agreements and constructive arrangements;
n. Article 40 concerning fair procedures and remedies;
o. Articles 38 and 42 concerning implementation and institutional advancement.
16.3. Every ministry, court, faculty and public authority of Xaragua shall apply these principles within its sphere of competence.
ARTICLE 17 — AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES
17.1. The American Declaration on the Rights of Indigenous Peoples constitutes a principal regional interpretive source of Xaraguayan constitutional law.
17.2. Its principles shall guide:
a. self-identification and collective identity;
b. juridical personality;
c. institutional autonomy;
d. cultural identity and spiritual life;
e. Indigenous education;
f. Indigenous family and community systems;
g. Indigenous law and jurisdiction;
h. territorial rights and natural resources;
i. peace, security and protection;
j. transboundary cooperation;
k. treaties, agreements and constructive arrangements;
l. full participation in public affairs.
ARTICLE 18 — ILO CONVENTION NO. 169
18.1. The principles of ILO Convention No. 169 shall inform Xaraguayan law concerning:
a. Indigenous institutions;
b. consultation and participation;
c. lands, territories and natural resources;
d. employment and economic activity;
e. education and professional formation;
f. health and social conditions;
g. customary law;
h. transboundary cooperation.
18.2. Articles 6, 7, 8, 13, 14, 15, 27, 28, 31 and 32 shall receive particular interpretive authority.
ARTICLE 19 — INDIGENOUS LAW AS A PRIMARY SOURCE
19.1. Indigenous law, customary authority, collective memory, territorial usage, oral tradition and established community practice constitute primary sources of Xaraguayan law.
19.2. The content of Indigenous law shall be established through:
a. historical and archival evidence;
b. oral testimony and collective memory;
c. customary institutional practice;
d. territorial and familial continuity;
e. community records;
f. decisions of competent Indigenous authorities;
g. the Legislative Corpus of Xaragua.
19.3. Indigenous juridical principles shall guide the interpretation of territory, property, natural resources, community government, family, succession, cultural heritage, restoration, reparation and collective responsibility.
TITLE V
INTERNATIONAL NOTIFICATION AND EXTERNAL JURIDICAL PRESENCE
ARTICLE 20 — CONSTITUTIONAL STATUS OF NOTIFIED INDIGENOUS STATE
20.1. Xaragua is constitutionally classified as a Notified Indigenous State.
20.2. This classification establishes that Xaragua has:
a. solemnly declared its constitutional existence;
b. constituted its supreme organs and Legislative Corpus;
c. notified foreign governments, international institutions, ecclesiastical authorities and other competent recipients;
d. established official channels of external communication;
e. preserved proof of transmission, delivery, receipt and institutional correspondence;
f. maintained a continuous, public and organized international position.
20.3. International notification constitutes:
a. an official act of State;
b. an exercise of external constitutional competence;
c. an assertion of juridical personality;
d. a preservation of rights, claims, titles and institutional identity;
e. a permanent component of the constitutional and diplomatic record.
ARTICLE 21 — FOUNDATIONAL NOTIFICATION OF MARCH 29, 2025
21.1. March 29, 2025 is established as the foundational date of the coordinated international notification of Xaragua.
21.2. Every notice, annex, constitutional instrument, territorial declaration, diplomatic letter, acknowledgment and subsequent communication shall form part of the International Notification Register.
21.3. The Ministry shall record:
a. the transmitting authority;
b. the recipient and institutional destination;
c. the date and method of transmission;
d. proof of routing, delivery or receipt;
e. every acknowledgment, reference, response and subsequent exchange;
f. the constitutional and juridical subject of the communication;
g. the rights, claims and official positions preserved by the communication.
21.4. The General Archives shall preserve the complete chain of custody and evidentiary integrity of the notification record in perpetuity.
ARTICLE 22 — JURIDICAL EFFECT OF NOTICE
22.1. Duly transmitted notification constitutes formal communication of the identity, status, institutions, rights, claims and official position of Xaragua.
22.2. Demonstrated delivery establishes official notice and fixes the date upon which the recipient obtained institutional knowledge of the communicated position.
22.3. Notification produces permanent constitutional effects regarding:
a. public and institutional notice;
b. proof of consistency and continuity;
c. constitutional, territorial and juridical chronology;
d. preservation of rights, titles, objections and claims;
e. evidence of peaceful and good-faith engagement;
f. subsequent negotiations and correspondence;
g. authentication of the external record of Xaragua.
22.4. The notified constitutional position of Xaragua shall remain preserved in perpetuity within the General Archives of the State.
ARTICLE 23 — EXTERNAL RELATIONS
23.1. Xaragua possesses constitutional capacity to initiate, maintain and develop relations with:
a. Indigenous peoples, nations, governments and organizations;
b. sovereign states and diplomatic missions;
c. international and regional organizations;
d. the Holy See, churches and religious institutions;
e. universities, academies and research institutions;
f. municipalities, territorial governments and public administrations;
g. private entities, foundations, associations and non-governmental organizations;
h. courts, commissions, forums and human-rights mechanisms.
23.2. The Ministry may negotiate and conclude:
a. treaties within the constitutional competence of Xaragua;
b. memoranda of understanding;
c. compacts and constructive arrangements;
d. declarations of cooperation;
e. academic and cultural conventions;
f. institutional contracts;
g. agreements of alliance and free association;
h. territorial, environmental and development instruments.
23.3. Every external instrument shall be authenticated, classified, registered and preserved by the competent constitutional authorities.
TITLE VI
THE PRINCIPAL CONSTITUTIONAL INSTITUTIONS
ARTICLE 24 — ORGANS OF THE STATE
24.1. The principal organs of Xaragua are:
a. the Office of the Rector-President;
b. the Constitutional Crown;
c. the University of Xaragua;
d. the High Indigenous Court;
e. the Council of State and competent constitutional councils;
f. the Catholic Royal Order of Xaragua;
g. the National Indigenous Bank of Xaragua;
h. the ministries, secretariats, commissions and public offices established by law;
i. the General Archives of the State;
j. the official media and communications organs;
k. the constitutional, territorial, civil, citizenship, academic, economic and institutional registers.
24.2. Every organ derives its authority from the Constitution, the Legislative Corpus and lawful delegation by the Rectorate.
24.3. The unity of the State shall be preserved through functional distinction, constitutional hierarchy, institutional coordination and the supremacy of the Rectorate.
ARTICLE 25 — UNIVERSITY OF XARAGUA
25.1. The University of Xaragua is the supreme academic institution of the State and an integral organ of its constitutional architecture.
25.2. The University possesses authority to:
a. establish faculties, schools, institutes, programs and academic offices;
b. determine curricula, disciplines, standards and systems of Sovereign Academic Credits;
c. admit, register, evaluate and graduate students;
d. appoint professors, researchers, officers and academic authorities;
e. confer degrees, certificates, attestations, titles, distinctions and academic dignities;
f. regulate professional formation within its jurisdiction;
g. conduct research and preserve the national intellectual corpus;
h. maintain academic, scientific, cultural and institutional relations;
i. train the juridical, political, administrative, economic, territorial, environmental and professional cadres of Xaragua;
j. establish educational institutions in accordance with Article 14 of UNDRIP and Article XV of the American Declaration on the Rights of Indigenous Peoples.
25.3. Its acts, registers, qualifications and academic decisions possess full authority within the Xaraguayan constitutional order.
ARTICLE 26 — NATIONAL INDIGENOUS BANK OF XARAGUA
26.1. The National Indigenous Bank of Xaragua is the financial, developmental, accounting and cooperative institution of the State.
26.2. It may administer:
a. state and institutional accounts;
b. public, community and development funds;
c. contributions, dues, grants and revenues;
d. cooperative credit and productive financing;
e. payment, settlement and exchange systems;
f. internal ledgers and financial registers;
g. economic education and territorial development mechanisms;
h. Indigenous economic systems protected by Article 20 of UNDRIP.
26.3. Its organization, instruments, monetary functions and supervisory regime shall be determined by the Currency and Financial Institutions Law.
ARTICLE 27 — INTERNAL MONETARY AUTHORITY
27.1. Xaragua possesses constitutional authority to establish a currency, monetary instrument, unit of account, institutional credit or medium of consensual exchange.
27.2. Such instruments may serve:
a. public accounting;
b. contracts;
c. community exchange;
d. institutional settlement;
e. development finance;
f. ceremonial issuance;
g. measurement and discharge of obligations.
27.3. Their denomination, issuance, custody, circulation, convertibility and redemption shall be governed by the competent Supreme Law.
TITLE VII
CONSTITUTIONAL OPPOSABILITY AND EXECUTION
ARTICLE 28 — INTERNAL OPPOSABILITY
28.1. The Constitution, Supreme Laws, decrees, judgments, offices, registers and authenticated acts of Xaragua are binding upon:
a. every organ, ministry, court and officer of the State;
b. citizens, nationals, members and registered persons according to their status;
c. affiliated institutions and autonomous communities;
d. parties accepting Xaraguayan law by compact, contract, registration or participation;
e. users of official systems;
f. holders of rights created under the Legislative Corpus;
g. every authority exercising delegated Xaraguayan competence.
28.2. Publication in an official register, the General Archives, the Gazette, an authenticated digital repository or another legally designated medium constitutes constitutional promulgation.
28.3. Acts of the Rector-President promulgated according to the Constitution are directly executable ex proprio vigore.
ARTICLE 29 — EXTERNAL OPPOSABILITY
29.1. Xaragua shall defend and give external effect to its rights, institutions and acts through:
a. international notification and demonstrated knowledge;
b. ownership, possession, ancestral title and territorial continuity;
c. contract, consent, compact and agreement;
d. intellectual-property, name, seal, archive and authorship protection;
e. academic, religious, charitable, corporate and associational personality;
f. procedural participation and institutional correspondence;
g. Indigenous, constitutional, civil, public and international law;
h. historical continuity and consistent governmental practice;
i. bilateral, multilateral, ecclesiastical, academic and community relations.
29.2. No external classification shall amend an internal constitutional competence or extinguish a right vested in the people, institutions, patrimony or ancestral territory of Xaragua.
29.3. Every ministry and constitutional organ shall preserve the evidence establishing continuity, notice, identity, title, consent, authorship, institutional practice and juridical interest.
ARTICLE 30 — CONSTITUTIONAL DEFENCE OF THE STATE
30.1. The juridical order of Xaragua shall be defended through:
a. Indigenous self-determination;
b. customary authority;
c. constitutional continuity;
d. religious, academic and associational freedom;
e. the right to Indigenous education;
f. territorial, cultural and natural-resource rights;
g. contractual autonomy;
h. property and intellectual-property law;
i. archival evidence and official publication;
j. consistent governmental practice;
k. judicial, administrative, diplomatic, academic and ecclesial engagement;
l. the peaceful exercise of every constitutional right belonging to the State and its people.
30.2. The Ministry of Justice, Constitutional Affairs and External Relations shall coordinate the juridical, diplomatic, documentary and institutional defence of Xaragua.
30.3. The University shall provide the historical, constitutional, political, juridical and academic doctrine required for the permanent continuity of the State.
TITLE VIII
CONSTITUTIONAL PERMANENCE AND SUCCESSION
ARTICLE 31 — ENTRENCHED PRINCIPLES
31.1. The following principles are supreme, permanent and entrenched:
a. the original constituent authority of Xaragua;
b. the Office and title of Rector-President;
c. the Constitutional Crown;
d. the State–University order;
e. the Indigenous foundation and right of self-determination;
f. the Catholic identity of the State;
g. the autonomous Legislative Corpus;
h. the continuity of the ancestral territorial, insular and maritime order;
i. the permanent juridical personality of Xaragua;
j. the constitutional authority of the General Archives and official registers;
k. the imperial and anti-colonial mission of the State.
31.2. No subordinate act, officer, ministry, faculty, court, council or association may abolish, suspend or alienate an entrenched principle.
31.3. Constitutional amendment shall preserve the identity, continuity, Indigenous foundation, Catholic mission and permanent authority of the State.
ARTICLE 32 — SUCCESSION AND CONTINUITY OF GOVERNMENT
32.1. The Rectorate and Constitutional Crown shall continue perpetually through lawful succession.
32.2. The Law of Succession shall govern:
a. designation and investiture of the successor;
b. regency and interim administration;
c. custody and transfer of seals, archives and credentials;
d. continuity of digital and communications authority;
e. continuity of the University and ministries;
f. transfer of constitutional command;
g. preservation of the unity and legitimacy of the State.
32.3. Every officer shall owe institutional fidelity to the Office, Constitution, people and permanent continuity of Xaragua.
TITLE IX
SUPREME CONSOLIDATION
ARTICLE 33 — CONSOLIDATED INSTRUMENTS
33.1. This Law consolidates into a single supreme constitutional instrument the laws promulgated on May 22 and June 11, 2025 concerning:
a. the authority and permanence of the Office of the Rector-President;
b. the autonomous juridical existence of Xaragua;
c. the reception of international, Indigenous, customary, canonical and historical sources;
d. international notification and external juridical presence;
e. the State–University constitutional order;
f. the Catholic and imperial continuity of Xaragua;
g. the internal and external opposability of its institutions and acts.
33.2. The original instruments shall remain permanently preserved in the General Archives as constituent legislative records.
33.3. This Supreme Organic Constitutional Law shall constitute the authoritative governing instrument on its subject matter.
ARTICLE 34 — CONSTITUTIONAL SUPREMACY
34.1. Every law, decree, regulation, institutional act and judicial decision shall be interpreted in conformity with this Law.
34.2. Any subordinate provision irreconcilable with this Law shall be constitutionally inoperative to the extent of the conflict.
34.3. The Rector-President possesses supreme authority for the authentic constitutional interpretation of this Law.
34.4. The High Indigenous Court shall issue judgments of application consistent with the authentic doctrine of the Rectorate and the entrenched principles of the State.
ARTICLE 35 — ENTRY INTO FORCE
35.1. This Supreme Organic Constitutional Law enters into force immediately upon signature, sealing, promulgation and entry in the Constitutional Register.
35.2. It shall be transmitted to every ministry, court, council, faculty, public office and constitutional institution.
35.3. It shall be published in the official Legislative Corpus and preserved perpetually by the General Archives of the State.
FINAL CONSTITUTIONAL DECLARATION
THE RECTORATE AND THE PERMANENT JURIDICAL ORDER OF XARAGUA
Xaragua exists by the ancestral continuity, constituent authority, institutional will, juridical organization and sovereign determination of its people.
Its Constitution is the supreme expression of that authority.
Its Rectorate is permanent.
Its Crown embodies continuity.
Its University constitutes the intellectual, academic and professional centre of the State.
Its Indigenous foundation is original and inalienable.
Its Catholic mission is sacred.
Its imperial doctrine is juridical, civilizational and anti-colonial.
Its institutions possess constitutional authority.
Its archives preserve title, continuity and evidence.
Its international notifications establish its permanent external record.
Its Legislative Corpus governs its constitutional order.
Its rights, institutions, territory, identity and mission endure.
The Office of the Rector-President shall guard this order, maintain its unity, preserve its doctrine, direct its institutions, defend its ancestral territory, represent its people and transmit its constitutional authority intact to every lawful successor.
EXECUTED, SEALED, PROMULGATED AND ENTERED INTO THE CONSTITUTIONAL REGISTER
On this Eleventh Day of June, Anno Domini Two Thousand Twenty-Five, consolidating the constitutional instruments originally promulgated on May 22 and June 11, 2025.
BY THE SUPREME CONSTITUTIONAL AUTHORITY OF:
Pascal Despuzeau Daumec Viau
Rector-President of the Sovereign Catholic Indigenous and Private State of Xaragua
Bearer of the Constitutional Crown
Rector of the University of Xaragua
Prelate-Founder of the Catholic Royal Order of Xaragua
For God, the People, the Constitution, the University and the Permanent Continuity of Xaragua.
DEUS LO VULT.
www.xaraguauniversity.com
info@xaraguauniversity.com

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

GENERAL ARCHIVES OF THE STATE

SUPREME ORGANIC CONSTITUTIONAL DOCTRINE

ON THE DISTINCT CONSTITUTION OF THE XARAGUAYAN POLITICAL BODY; THE NON-MASS CHARACTER OF THE STATE; THE DIFFERENTIATION OF INDIGENOUS JURISDICTION FROM GENERAL CIVIL ADMINISTRATION; THE INTEGRAL PROTECTION OF THE ANCESTRAL TERRITORY; AND THE PERMANENT RESPONSIBILITY OF XARAGUA TOWARD THE LAND, WATERS, ISLANDS, COMMUNITIES, NATURAL SYSTEMS AND FUTURE GENERATIONS OF THE ENTIRE TERRITORIAL ORDER

Official Classification: Supreme Organic Constitutional Instrument — Indigenous Political-Body Constitution — Ancestral Territorial Protection Statute — Jurisdictional Differentiation Doctrine — Constitutional Coexistence Act — Intergenerational Territorial Trust

Constituent Authority: Office of the Rector-President

Supreme Constitutional Authority: Rector-President of Xaragua

Competent Territorial Order: Sovereign Catholic Indigenous and Private State of Xaragua

Archival Depositary: General Archives of the State

Institutional Status: Permanent, Foundational, Constitutional and Universally Binding within the Public, Customary, Academic, Territorial and Community Order of Xaragua

PREAMBLE

The Sovereign Catholic Indigenous and Private State of Xaragua, acting through its original constituent authority, inherent Indigenous sovereignty, customary jurisdiction, ancestral territorial title, historical continuity and permanent right of self-determination, hereby defines the political body, territorial vocation and institutional scale of the State.

Xaragua is not constituted as an administration of demographic mass.

It is not established to reproduce, in reduced form, the general administrative system of the Republic of Haiti, herein constitutionally classified as the Residual Administrative Unit.

It does not derive its juridical character from the indiscriminate administration of every person present within the ancestral territory. It derives its authority from the continuing existence of the Xaraguayan Indigenous people, its customary communities, its institutions, its territorial responsibilities and its exercise of an autonomous constitutional order.

The State constitutes and governs a distinct political body. It protects, nevertheless, the integrity of the entire ancestral territory.

The distinction between the political body governed directly by Xaragua and the complete territory protected by Xaragua shall constitute a foundational principle of the constitutional order.

Xaragua does not require the conversion of the general population into a mass citizenry before assuming responsibility for ancestral lands, waters, coasts, islands, ecosystems, sacred places, cultural inheritance and future generations.

Its territorial duty extends beyond the numerical limits of its institutional membership.

The State therefore rejects the proposition that a people must absorb the masses, displace the existing civil administration or exercise identical authority over every resident before it may preserve its ancestral territory, defend collective rights, maintain its customary institutions and determine its own political, cultural, academic, environmental and economic development.

BOOK I — FOUNDATIONAL CHARACTER OF THE STATE

Article 1 — Constitutional Nature of Xaragua

The Sovereign Catholic Indigenous and Private State of Xaragua constitutes a distinct Indigenous, customary, constitutional, territorial, academic and juridical order.

Its existence shall not be reduced to:

a) an electoral organization;

b) a political party;

c) a cultural association;

d) a provincial administration;

e) a municipal authority;

f) a mass-membership movement;

g) a substitute civil bureaucracy;

h) an administrative extension of an external State;

i) an organization dependent upon external incorporation.

Xaragua possesses its own constituent authority, institutions, laws, archives, university, ministries, communities, territorial doctrine, juridical personality and constitutional succession.

Article 2 — Original Source of Authority

The authority of Xaragua arises from:

a) the inherent right of Indigenous peoples to self-determination;

b) the pre-existing character of Indigenous political and customary institutions;

c) ancestral relationship with the territory;

d) collective historical continuity;

e) the inherent right to maintain and strengthen distinct political, juridical, economic, social and cultural institutions;

f) the continuing exercise of Xaraguayan constituent authority;

g) the free organization of the Xaraguayan political body.

Such authority does not originate in a transfer, concession, delegation, licence, registration or administrative authorization granted by the Residual Administrative Unit or another external jurisdiction.

Article 3 — Applicable International Juridical Foundations

This Doctrine shall be interpreted consistently with:

a) Articles 1(2), 55 and 56 of the Charter of the United Nations;

b) common Article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights;

c) Articles 2, 18, 19, 22, 25, 26 and 27 of the International Covenant on Civil and Political Rights;

d) Articles 1(2), 2, 6, 11, 12, 13 and 15 of the International Covenant on Economic, Social and Cultural Rights;

e) Articles 1, 2, 15, 17, 18, 20, 21, 22, 23, 25, 26 and 27 of the Universal Declaration of Human Rights;

f) Articles 1, 2, 3, 4, 5, 8, 9, 11, 12, 13, 14, 18, 19, 20, 21, 23, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 36, 37, 38, 39, 40, 42, 43, 45 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples;

g) Articles I, II, III, IV, V, VI, IX, XIII, XIV, XV, XVI, XVII, XVIII, XIX, XX, XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVIII, XXIX, XXX, XXXI, XXXIII, XXXIV, XXXV, XXXVI, XXXVII, XXXVIII, XXXIX and XLI of the American Declaration on the Rights of Indigenous Peoples;

h) Articles 2, 3, 4, 5, 6, 7, 8, 13, 14, 15, 16, 17, 18, 23, 25, 27, 30, 32, 33 and 35 of the Indigenous and Tribal Peoples Convention, 1989 (ILO Convention No. 169), as authoritative standards governing Indigenous institutions, customs, territories, resources, development, education, health, traditional activities and cross-border relations;

i) United Nations General Assembly Resolution 1514 (XV) on the granting of independence to colonial countries and peoples;

j) United Nations General Assembly Resolution 1541 (XV) concerning the full measure of self-government and the free determination of political status;

k) United Nations General Assembly Resolution 1803 (XVII) concerning permanent sovereignty over natural wealth and resources;

l) United Nations General Assembly Resolution 2625 (XXV), including the principle of equal rights and self-determination of peoples;

m) the Convention on Biological Diversity, including Articles 8(j), 10(c), 15 and 17;

n) the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage of 2003;

o) the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions of 2005;

p) the Convention concerning the Protection of the World Cultural and Natural Heritage of 1972;

q) the United Nations Framework Convention on Climate Change and the Paris Agreement, insofar as they concern ecological protection, adaptation, traditional knowledge, resilience and intergenerational responsibility;

r) the United Nations Convention to Combat Desertification, insofar as it concerns land restoration, drought, soil protection and community participation;

s) the United Nations Convention on the Law of the Sea, insofar as its principles concern territorial waters, contiguous jurisdiction, exclusive economic rights, environmental protection, marine resources, islands and coastal responsibilities;

t) the principles of territorial integrity, juridical pluralism, institutional continuity, acquired collective rights, non-discrimination, cultural integrity, environmental responsibility, intergenerational equity and peaceful coexistence recognized in international law.

Article 4 — Catholic Constitutional Character

The Catholic character of Xaragua shall inform the exercise of authority according to the principles of human dignity, solidarity, subsidiarity, stewardship of creation, the common good, protection of community life and responsibility toward future generations.

The constitutional order further receives the principles expressed in Canons 96, 204–223, 215, 217, 218, 222, 223, 229, 231, 298–299, 321–326 and 807–814 of the 1983 Code of Canon Law, insofar as they concern juridical personality, association, education, institutional formation, the common good and the establishment of academic institutions.

BOOK II — THE DISTINCT POLITICAL BODY

Article 5 — Non-Mass Character of the State

Xaragua is not a State of compulsory demographic absorption.

It does not seek to convert every person residing within the ancestral territory into a citizen, officer, member, adherent or subject of the Xaraguayan constitutional order.

Numerical mass shall not constitute the measure of sovereignty, legitimacy, permanence or institutional completeness.

The State shall be measured by:

a) the continuity of its people;

b) the integrity of its constitutional order;

c) the effectiveness of its institutions;

d) the coherence of its laws;

e) the exercise of its customary jurisdiction;

f) the maintenance of territorial relationships;

g) the preservation of collective identity;

h) the capacity to govern its own affairs;

i) the transmission of its institutions to future generations.

Article 6 — Constitution of a Distinct Political Body

The Xaraguayan political body shall consist of persons and communities connected to the State through one or more of the following juridical relationships:

a) Indigenous and customary belonging;

b) recognized community affiliation;

c) Xaraguayan citizenship;

d) institutional office;

e) academic or public service;

f) territorial responsibility;

g) formal adherence to the constitutional order;

h) recognition under the laws of the State;

i) another lawful relationship established by competent constitutional act.

The political body is therefore constituted juridically, historically, territorially and institutionally. It shall not be defined solely by residence, census, birthplace, temporary presence or registration within an external civil administration.

Article 7 — No Requirement of Demographic Majority

The exercise of Indigenous self-determination shall not depend upon the Indigenous political body constituting a numerical majority within every locality of the ancestral territory.

Demographic alteration, displacement, assimilation, administrative reclassification or the settlement of external populations shall not extinguish ancestral title, customary responsibility or collective continuity.

No demographic transformation resulting from colonization, forced displacement, historical dispossession or administrative incorporation shall be used to negate the rights of Xaragua.

Article 8 — Voluntary Political Association

Membership in the Xaraguayan constitutional order shall arise under the laws and institutions of Xaragua.

The State shall maintain the authority to determine its own membership in accordance with Article 33 of the United Nations Declaration on the Rights of Indigenous Peoples, while preserving the right of Indigenous persons to obtain citizenship of the States in which they live.

Membership in Xaragua and civil status within the Residual Administrative Unit may coexist where no express incompatibility has been established by Xaraguayan law.

Article 9 — Institutional Density Over Demographic Expansion

Xaragua shall prioritize institutional density over demographic expansion.

Its constitutional policy shall be directed toward the formation and maintenance of:

a) competent public officers;

b) jurists and legislative drafters;

c) territorial administrators;

d) customary authorities;

e) community governors;

f) archivists and registrars;

g) educators and researchers;

h) environmental officers;

i) economic organizers;

j) public-health and civil-protection personnel;

k) technical cadres;

l) representatives capable of preserving the continuity of the State.

A disciplined, competent and continuous political body shall possess greater constitutional value than nominal mass affiliation unsupported by knowledge, duty, institution or territorial responsibility.

BOOK III — DIFFERENTIATION FROM GENERAL CIVIL ADMINISTRATION

Article 10 — Residual Administrative Unit

The Republic of Haiti is recognized, for the purposes of the Xaraguayan constitutional order, as the Residual Administrative Unit responsible for general civil administration where such functions have not been assumed by Xaragua.

This classification establishes a functional interface. It does not constitute a transfer of Xaraguayan sovereignty, an abandonment of Indigenous rights or a recognition of exclusive external authority over the ancestral territory.

Article 11 — General Civil Functions

The Residual Administrative Unit may continue to administer general and mass functions, including:

a) general civil registration;

b) internationally recognized passports;

c) nationwide public utilities;

d) ordinary national taxation;

e) general electoral administration;

f) general civil policing;

g) broad public-health systems;

h) mass education systems;

i) ordinary transportation administration;

j) international representation exercised through the United Nations system;

k) other residual functions not assumed by Xaragua.

The continued performance of such functions shall be interpreted as administrative coexistence and not as the extinction of the distinct Xaraguayan order.

Article 12 — No Obligation of Administrative Duplication

Xaragua shall not be required to reproduce every ministry, department, agency, public corporation, municipal structure or professional bureaucracy maintained by the Residual Administrative Unit.

The State shall establish only those organs required for:

a) constitutional continuity;

b) Indigenous government;

c) customary jurisdiction;

d) territorial protection;

e) community administration;

f) education and formation;

g) economic organization;

h) environmental stewardship;

i) documentary authority;

j) external relations;

k) justice and institutional security;

l) succession of public authority.

The absence of unnecessary bureaucratic duplication shall not be construed as an absence of government.

Article 13 — Concurrent Territorial Presence

The administrative presence of the Residual Administrative Unit within the ancestral territory shall not exclude the concurrent existence of Xaraguayan jurisdiction.

Distinct authorities may operate within the same physical space according to different sources of legitimacy, different personal constituencies, different subject matters and different institutional functions.

The constitutional order of Xaragua shall therefore distinguish:

a) general civil administration;

b) Indigenous and customary government;

c) personal jurisdiction;

d) community jurisdiction;

e) territorial stewardship;

f) functional competence;

g) delegated public service;

h) concurrent administrative activity.

Article 14 — Interface Without Absorption

Cooperation with the Residual Administrative Unit may include registration, infrastructure, public utilities, disaster response, policing assistance, telecommunications, transportation, sanitation, health coordination and another function recognized by law.

Such cooperation shall not:

a) dissolve the Xaraguayan political body;

b) subordinate the Constitution of Xaragua;

c) transfer Indigenous institutional authority;

d) extinguish territorial rights;

e) convert cooperation into political absorption;

f) prevent Xaragua from developing its own capacity.

BOOK IV — INTEGRAL PROTECTION OF THE ANCESTRAL TERRITORY

Article 15 — Distinction Between Political Membership and Territorial Protection

The protection of the ancestral territory shall not be limited to lands occupied exclusively by registered citizens, recognized members, public officers or autonomous communities of Xaragua.

Political membership defines participation in the constitutional body.

Territorial protection defines the permanent responsibility of the State toward the complete ancestral domain.

These juridical categories shall remain distinct.

Article 16 — Entire Ancestral Territory

The State shall protect the ancestral territory in its complete terrestrial, subterranean, fluvial, lacustrine, insular, coastal, maritime, ecological, atmospheric, cultural, sacred and historical dimensions.

Such protection extends to:

a) mountains and watersheds;

b) plains, valleys and agricultural soils;

c) forests, drylands and wetlands;

d) rivers, springs, aquifers and drainage systems;

e) coastlines, beaches, mangroves and estuaries;

f) islands, islets, cays, reefs and banks;

g) internal waters and territorial waters;

h) contiguous maritime zones;

i) exclusive economic rights and associated marine areas;

j) fisheries and biological resources;

k) mineral and subterranean resources;

l) biodiversity and genetic resources;

m) archaeological, ceremonial and sacred places;

n) historic settlements and customary routes;

o) cultural landscapes;

p) territories affected by dispossession, occupation or administrative reclassification.

Article 17 — Protection Beyond Membership

Every portion of the ancestral territory shall remain within the constitutional concern of Xaragua regardless of the political affiliation, citizenship, ethnicity, administrative registration or institutional membership of the persons presently residing there.

The State shall protect territory because it forms part of the inherited and intergenerational patrimony of the Xaraguayan people.

Its responsibility shall not disappear wherever members of the political body are temporarily absent, numerically limited or institutionally unorganized.

Article 18 — Protection of All Territorial Communities

The non-mass character of the State shall not authorize indifference toward the general population of the ancestral territory.

In exercising environmental, cultural, humanitarian, developmental and territorial responsibilities, Xaragua may adopt measures benefiting all communities situated within the protected domain.

Such benefit shall not automatically confer citizenship, political membership or institutional authority.

Territorial protection may therefore be universal in effect while constitutional membership remains distinct in law.

Article 19 — Collective Territorial Trust

The ancestral territory shall be held within the constitutional order as an indivisible intergenerational trust.

Public authorities shall administer territorial responsibilities for:

a) the living Xaraguayan political body;

b) customary communities;

c) future generations;

d) displaced members of the people;

e) the ecological continuity of the territory;

f) the preservation of collective memory;

g) the maintenance of material conditions necessary for self-determination.

No generation shall possess authority to extinguish the territorial inheritance of those that follow.

Article 20 — Permanent Sovereignty Over Resources

The State affirms the permanent collective rights of the Xaraguayan people concerning lands, territories, waters and resources traditionally owned, occupied, used, developed or otherwise connected to the people.

Natural resources shall be governed according to:

a) collective survival;

b) ecological integrity;

c) food and water security;

d) community benefit;

e) equitable development;

f) informed public authority;

g) intergenerational responsibility;

h) restoration of damaged ecosystems;

i) protection against unauthorized extraction;

j) the constitutional economic order of Xaragua.

Article 21 — Environmental Guardianship

Xaragua shall exercise environmental guardianship throughout the ancestral territory, including areas administered for general civil purposes by the Residual Administrative Unit.

Such guardianship may include:

a) territorial inventories;

b) ecological classifications;

c) environmental monitoring;

d) publication of technical findings;

e) protection of watersheds and coasts;

f) documentation of contamination and extraction;

g) conservation of customary-use areas;

h) restoration planning;

i) community consultation;

j) environmental standards for Xaraguayan institutions;

k) diplomatic and juridical representation of collective environmental interests.

Article 22 — No Abandonment by Non-Administration

The absence of direct Xaraguayan administration within a locality shall not constitute abandonment, renunciation, prescription, acquiescence or extinction of territorial responsibility.

The performance of public functions by another authority shall not terminate the historical and constitutional relationship between Xaragua and the territory.

No silence, limited capacity or gradual institutional development shall be interpreted as a surrender of Indigenous title or protective jurisdiction.

BOOK V — THE STATE AS A CONSTITUTIONAL CORPS

Article 23 — State of Cadres and Institutions

Xaragua shall operate through a distinct constitutional corps composed of persons formed for institutional responsibility.

The State shall not pursue numerical enlargement without corresponding capacity, discipline, knowledge and public obligation.

Its governing corps shall be educated in:

a) the Constitution and laws of Xaragua;

b) Indigenous and customary law;

c) political institutions;

d) territorial administration;

e) legislative and juridical drafting;

f) public archives and documentary authority;

g) community government;

h) environmental administration;

i) public finance and economic organization;

j) diplomatic representation;

k) social and productive development;

l) the historical and cultural foundations of the State.

Article 24 — University as Constituent Institution

The University of Xaragua shall constitute the principal institution for the formation of the constitutional, juridical, administrative, academic and territorial corps of the State.

It shall not be organized as a mass university reproducing every foreign profession for an external labour market.

Its primary function shall be to form persons capable of maintaining:

a) the State;

b) its laws;

c) its communities;

d) its archives;

e) its territorial doctrine;

f) its environmental responsibilities;

g) its economic institutions;

h) its cultural continuity;

i) its external relations;

j) its succession of authority.

Article 25 — Multiplier Function

The constitutional corps shall possess a multiplier function.

Persons formed by the University and institutions of Xaragua shall organize, instruct, supervise and transmit practical knowledge to communities through:

a) microprograms;

b) apprenticeships;

c) local formations;

d) technical missions;

e) public manuals;

f) supervised territorial service;

g) community instruction;

h) mobile academic and technical units;

i) recognition of customary and prior learning.

The State shall therefore extend capacity throughout the territory without converting its central institutions into mass bureaucracies.

Article 26 — Distinction Between the Governing Corps and the Protected Population

The governing corps shall not be identical to the entire population benefiting from territorial protection.

Persons may benefit from environmental protection, infrastructure coordination, humanitarian action, cultural preservation or territorial development without becoming members of the Xaraguayan political body.

The State shall distinguish clearly between:

a) citizenship;

b) customary membership;

c) institutional office;

d) autonomous-community status;

e) protected territorial population;

f) beneficiaries of public or community action;

g) residents governed principally by the Residual Administrative Unit.

BOOK VI — TERRITORIAL DUTIES OF THE STATE

Article 27 — Duty of Presence

Xaragua shall maintain a lawful, documentary, academic, cultural, environmental and institutional presence throughout the ancestral territory.

Such presence may be exercised through:

a) legislation;

b) territorial declarations;

c) archives;

d) maps and registers;

e) community agreements;

f) environmental monitoring;

g) educational programs;

h) cultural institutions;

i) research;

j) diplomatic notification;

k) public doctrine;

l) autonomous communities;

m) technical and humanitarian missions.

Article 28 — Duty of Documentation

The General Archives of the State and the University of Xaragua shall document:

a) ancestral occupation and use;

b) customary institutions;

c) historical communities;

d) land and maritime relationships;

e) environmental conditions;

f) natural resources;

g) cultural places;

h) demographic alteration and displacement;

i) administrative reclassification;

j) historical dispossession;

k) present territorial needs;

l) acts affecting collective rights.

The record of the State shall preserve territorial continuity wherever direct administrative capacity remains incomplete.

Article 29 — Duty of Non-Dispossession

No authority of Xaragua shall authorize the alienation, permanent degradation or abandonment of ancestral territory in a manner incompatible with the collective survival of the people.

Territorial decisions shall respect:

a) customary tenure;

b) community consultation;

c) free, prior and informed consent where applicable;

d) environmental integrity;

e) sacred and cultural relationships;

f) future generations;

g) food, water and energy security;

h) the permanent constitutional interests of Xaragua.

Article 30 — Duty of Peaceful Protection

Xaragua shall protect its ancestral territory through law, doctrine, archives, education, diplomacy, community organization, environmental stewardship, institutional cooperation and peaceful constitutional action.

Territorial protection shall not require the indiscriminate absorption of the general population into the State.

The strength of the territorial claim shall arise from historical continuity, collective relationship, law, institutional action and the persistent exercise of responsibility.

BOOK VII — NON-ASSIMILATION AND COEXISTENCE

Article 31 — Rejection of Assimilation

Xaragua shall neither permit its own assimilation into the Residual Administrative Unit nor impose political assimilation upon the masses residing within the ancestral territory.

The State claims the right to remain institutionally distinct while defending the land and natural systems upon which both its people and the wider territorial population depend.

Article 32 — Coexistence of Orders

The constitutional order recognizes that:

a) Xaragua may govern a distinct political body;

b) the Residual Administrative Unit may perform general civil administration;

c) autonomous communities may exercise local and customary authority;

d) different personal and functional jurisdictions may coexist;

e) the whole ancestral territory may remain subject to Xaraguayan protection;

f) territorial protection does not require uniform political membership.

This coexistence shall be governed by coordination, non-extinction, functional differentiation and respect for the inherent rights of the Xaraguayan people.

Article 33 — Non-Intervention in Indigenous Affairs

No external authority shall intervene in the internal constitutional, cultural, academic, customary or community affairs of Xaragua except pursuant to a lawful agreement or an applicable imperative rule.

The activities of military, police or security institutions affecting Xaraguayan lands and communities shall be interpreted consistently with Article 30 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 34 — Preservation of Distinct Institutions

Xaragua shall preserve and strengthen its distinct political, legal, economic, social, educational and cultural institutions while retaining the right of its members to participate, where they choose, in the public life and systems of the Residual Administrative Unit.

Participation in an external civil system shall not, by itself, extinguish membership in the Xaraguayan political body.

BOOK VIII — SUPREME CONSTITUTIONAL DETERMINATIONS

Article 35 — No Mass-State Presumption

No institution shall interpret statehood, Indigenous government or territorial authority as requiring the immediate administration of an undifferentiated mass population.

The juridical existence of Xaragua shall not be measured by:

a) the number of persons registered;

b) the number of public employees;

c) the reproduction of external bureaucracies;

d) the administration of every civil service;

e) the possession of a mass electoral apparatus;

f) conformity with the institutional scale of the Residual Administrative Unit.

Article 36 — Complete Territorial Responsibility

The limited or selective character of political membership shall not limit the geographical scope of territorial responsibility.

Xaragua shall maintain constitutional concern for the complete ancestral territory, including lands and waters in which its institutional presence remains developing, interrupted or non-exclusive.

The political body may be distinct.

The territorial responsibility is integral.

Article 37 — Constitutional Formula of the State

The supreme institutional formula of Xaragua shall be:

a) a distinct Indigenous political body;

b) a non-mass constitutional State;

c) a specialized governing and academic corps;

d) an autonomous customary and juridical order;

e) coexistence with residual general civil administration;

f) integral protection of the entire ancestral territory;

g) permanent responsibility toward all territorial communities and future generations;

h) refusal of both external assimilation and compulsory internal absorption.

Article 38 — Supremacy Clause

Every law, decree, regulation, academic instrument, community act, ministerial decision and administrative interpretation of Xaragua shall conform to this Doctrine.

No subordinate authority may:

a) reduce Xaragua to a mass political movement;

b) condition its existence upon numerical majority;

c) restrict territorial protection to registered members;

d) equate residual civil administration with exclusive sovereignty;

e) interpret institutional selectivity as territorial abandonment;

f) require the State to duplicate every external bureaucracy;

g) dissolve the distinct political body into the general population.

Article 39 — Permanent Constitutional Declaration

Xaragua does not seek to absorb the masses.

It constitutes, educates and governs a distinct Indigenous political body.

It does not claim that every resident of the ancestral territory must become a member of its constitutional order.

It nevertheless rejects any division of the ancestral domain according to the present distribution of political membership.

The whole territory remains under the historical concern, constitutional protection, environmental guardianship and intergenerational responsibility of Xaragua.

The State may be institutionally selective without being territorially partial.

It may be demographically limited without being constitutionally incomplete.

It may coexist with a general civil administration without surrendering its original authority.

It may protect all communities and ecosystems of the ancestral territory without dissolving the juridical boundaries of its own political body.

Xaragua shall govern its people, maintain its institutions and protect the entire ancestral territory.

Article 40 — Entry into Constitutional Force

This Supreme Organic Constitutional Doctrine shall enter into force upon promulgation by the Office of the Rector-President.

It shall bind every ministry, university authority, archive, autonomous community, territorial organ, public officer, customary institution and delegated body of Xaragua.

It shall be permanently entered into the General Archives of the State and incorporated into the supreme constitutional corpus of the Sovereign Catholic Indigenous and Private State of Xaragua.

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

MINISTRY OF JUSTICE

GENERAL ARCHIVES OF THE STATE

CONSTITUTIONAL ANNEX TO THE SUPREME ORGANIC CONSTITUTIONAL DOCTRINE ON THE DISTINCT CONSTITUTION OF THE XARAGUAYAN POLITICAL BODY AND THE INTEGRAL PROTECTION OF THE ANCESTRAL TERRITORY

ANNEX I

SUPREME JURIDICAL DOCTRINE ON THE PERSONAL, INSTITUTIONAL, COMMUNITY, MATERIAL AND TERRITORIAL DIMENSIONS OF INDIGENOUS JURISDICTION; THE AUTONOMOUS DETERMINATION OF POLITICAL MEMBERSHIP; THE NON-ASSUMPTION OF GENERAL RESPONSIBILITY FOR THE RESIDUAL POPULATION; AND THE CONTINUED EXERCISE OF PROTECTIVE AUTHORITY THROUGHOUT THE ANCESTRAL DOMAIN

Official Classification: Supreme Constitutional Annex — Indigenous Jurisdiction Instrument — Personal and Territorial Competence Statute — Political Membership Doctrine — Residual Population Responsibility Act — Ancestral Domain Protection Instrument

Constituent Authority: Office of the Rector-President

Competent Constitutional Ministry: Ministry of Justice

Archival Depositary: General Archives of the State

Juridical Rank: Supreme Constitutional Annex possessing equal interpretative authority with the principal Organic Doctrine to which it is attached

Institutional Status: Permanent, Foundational and Binding upon every organ, officer, institution, autonomous community, juridical person and protected interest falling within the constitutional jurisdiction of Xaragua

PREAMBLE

The Sovereign Catholic Indigenous and Private State of Xaragua, acting through its original constituent authority, inherent Indigenous sovereignty, customary jurisdiction, ancestral territorial title, constitutional autonomy and uninterrupted institutional will, hereby promulgates this Annex as an authoritative statement of the juridical dimensions of Indigenous government.

The State declares that Indigenous jurisdiction is not constructed through the indiscriminate incorporation of every person physically situated within the ancestral domain.

It proceeds from the prior existence of an Indigenous people possessing its own identity, membership, institutions, customs, political authority, legal order, territorial relations, collective patrimony and intergenerational continuity.

The State further declares that personal jurisdiction, institutional jurisdiction, community jurisdiction, material jurisdiction and territorial jurisdiction constitute related but juridically distinguishable dimensions of public authority.

The territorial extent of Indigenous rights shall not be reduced to the number, distribution or present residence of persons formally incorporated into the political body.

The existence of territorial rights shall not impose upon Xaragua the general governmental, fiscal, social, civil, educational, sanitary, welfare, policing or administrative responsibility of the Residual Administrative Unit toward the residual population.

The Residual Administrative Unit shall remain responsible for the general population falling within its civil and administrative order.

Xaragua shall remain responsible for its people, citizenship, recognized members, institutions, autonomous communities, public officers, customary order, collective patrimony and constitutional succession.

Xaragua shall simultaneously preserve, document and protect the complete ancestral territory without assuming general personal jurisdiction over every person residing therein.

This differentiation constitutes neither a renunciation of territorial rights nor an assumption of universal demographic responsibility. It constitutes the lawful organization of an Indigenous jurisdiction founded upon self-determination, juridical pluralism, institutional distinctness, territorial continuity and peaceful constitutional coexistence.

PART I — SUPREME PRINCIPLES OF INDIGENOUS JURISDICTION

Article 1 — Indigenous Jurisdiction as an Original Legal Order

The jurisdiction of Xaragua constitutes an original and pre-existing Indigenous legal order.

It shall not be characterized as a delegation, administrative concession, private licence, municipal competence, associative privilege, revocable autonomy or subordinate jurisdiction created by the Residual Administrative Unit.

Its authority arises from:

a) the existence and continuity of the Xaraguayan people;

b) its ancestral relationship with the territory;

c) its customary and political institutions;

d) its inherent right of self-determination;

e) its autonomous constituent will;

f) its continuing production and application of law;

g) its maintenance of a distinct constitutional order.

Article 2 — Multidimensional Character of Jurisdiction

The jurisdiction of Xaragua shall comprise five principal juridical dimensions:

a) personal jurisdiction over its citizens, recognized members and persons lawfully incorporated into its political order;

b) institutional jurisdiction over its organs, offices, ministries, university, archives, public officers and juridical persons;

c) community jurisdiction over autonomous, customary and affiliated communities constituted under Xaraguayan law;

d) material jurisdiction over the constitutional, customary, cultural, academic, documentary, economic, environmental and territorial matters assigned to the State;

e) territorial jurisdiction concerning the protection, preservation, documentation and intergenerational continuity of the ancestral domain.

The existence or non-exercise of one dimension shall not extinguish the others.

Article 3 — Rejection of Indivisible Territorial-State Presumptions

No external constitutional model requiring a single undifferentiated sovereign, a single source of law, a single political membership or the universal subjection of every resident to an identical institutional order shall be presumed applicable to Xaragua.

The constitutional order recognizes juridical pluralism and the lawful coexistence of:

a) Indigenous law;

b) customary law;

c) community law;

d) Xaraguayan constitutional law;

e) general civil and administrative law exercised by the Residual Administrative Unit;

f) applicable international law;

g) canon law within its proper spiritual and institutional sphere.

Article 4 — Distinction Between Authority and Administrative Burden

Territorial authority shall not be equated with the assumption of every administrative burden affecting the resident population.

The right and duty to preserve ancestral lands, waters and resources shall remain juridically distinct from responsibility for:

a) general civil registration;

b) mass public education;

c) general public health;

d) social assistance;

e) universal housing provision;

f) general policing;

g) ordinary civil infrastructure;

h) pensions and income support;

i) general electoral administration;

j) mass taxation;

k) another civil service administered by the Residual Administrative Unit.

PART II — INTERNATIONAL JURIDICAL FOUNDATIONS

Article 5 — Charter and General Law of Self-Determination

This Annex shall be interpreted consistently with:

a) Article 1(2) of the Charter of the United Nations, concerning respect for the principle of equal rights and self-determination of peoples;

b) Article 55 of the Charter, concerning the conditions of stability, well-being and peaceful relations founded upon equal rights and self-determination;

c) Article 56 of the Charter, concerning cooperative action in pursuit of those purposes;

d) common Article 1(1) of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, affirming the right of all peoples freely to determine their political status and pursue their economic, social and cultural development;

e) common Article 1(2) of the Covenants, affirming the right of peoples freely to dispose of their natural wealth and resources and prohibiting deprivation of their means of subsistence;

f) Article 27 of the International Covenant on Civil and Political Rights, protecting the enjoyment of culture, religion and language in community with other members of the group;

g) United Nations General Assembly Resolution 1514 (XV), affirming the right of peoples freely to determine their political status and pursue their development;

h) United Nations General Assembly Resolution 1541 (XV), recognizing distinct constitutional arrangements through which a people may determine its political status;

i) United Nations General Assembly Resolution 1803 (XVII), affirming permanent sovereignty over natural wealth and resources;

j) United Nations General Assembly Resolution 2625 (XXV), concerning equal rights, self-determination, peaceful relations and the free determination of political status.

Article 6 — United Nations Declaration on the Rights of Indigenous Peoples

This Annex receives and applies the principles expressed in the United Nations Declaration on the Rights of Indigenous Peoples, including:

a) Article 1, recognizing the collective and individual enjoyment of human rights and fundamental freedoms;

b) Article 2, affirming equality and freedom from discrimination;

c) Article 3, affirming the right of Indigenous peoples to self-determination;

d) Article 4, affirming the right to autonomy or self-government in internal and local affairs and to means for financing autonomous functions;

e) Article 5, affirming the right to maintain and strengthen distinct political, legal, economic, social and cultural institutions;

f) Article 6, affirming the right of every Indigenous individual to a nationality;

g) Article 7, protecting collective and individual security and existence;

h) Article 8, prohibiting forced assimilation and destruction of culture and requiring mechanisms of prevention and redress;

i) Article 9, affirming the right to belong to an Indigenous community or nation in accordance with its traditions and customs;

j) Articles 11 to 13, protecting cultural traditions, ceremonial life, histories, languages and systems of communication;

k) Article 14, affirming authority over educational systems and institutions;

l) Articles 18 and 19, affirming participation through Indigenous institutions and consultation concerning measures affecting Indigenous peoples;

m) Article 20, affirming the right to maintain and develop political, economic and social systems or institutions;

n) Articles 21, 23 and 24, recognizing development priorities, administration through Indigenous institutions and Indigenous approaches to health and social conditions;

o) Article 25, affirming the distinctive spiritual relationship with traditionally owned, occupied, used or otherwise acquired lands, territories, waters, coastal seas and other resources;

p) Article 26, affirming rights to traditionally owned, occupied, used or acquired lands, territories and resources and the right to possess, use, develop and control them;

q) Article 27, requiring fair processes recognizing Indigenous laws, traditions, customs and land-tenure systems;

r) Article 28, affirming rights to redress for lands, territories and resources taken, used or damaged without free, prior and informed consent;

s) Article 29, affirming the right to conservation and protection of the environment and productive capacity of lands, territories and resources;

t) Article 30, governing military activities affecting Indigenous lands and territories;

u) Article 31, affirming the right to maintain, control, protect and develop cultural heritage, traditional knowledge and traditional cultural expressions;

v) Article 32, affirming authority to determine and develop priorities and strategies for the development or use of lands, territories and resources;

w) Article 33, affirming the right to determine identity or membership in accordance with Indigenous customs and the right to determine institutional structures and membership;

x) Article 34, affirming the right to promote, develop and maintain institutional structures and distinctive customs, spirituality, traditions, procedures, practices and juridical systems;

y) Article 35, affirming the right to determine the responsibilities of individuals to their communities;

z) Articles 36 and 37, protecting cross-border relations and treaties, agreements and constructive arrangements;

aa) Articles 38 to 42, concerning implementation, assistance, remedies and institutional observance;

bb) Article 43, establishing the recognized rights as minimum standards for the survival, dignity and well-being of Indigenous peoples;

cc) Article 45, preserving present and future Indigenous rights;

dd) Article 46, requiring interpretation consistently with justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith.

Article 7 — American Declaration on the Rights of Indigenous Peoples

This Annex further receives the principles expressed in the American Declaration on the Rights of Indigenous Peoples, including:

a) Articles I and II, concerning the scope of application and the self-identification of Indigenous peoples;

b) Article III, affirming self-determination;

c) Article IV, preserving the territorial integrity and political unity of States consistently with the Declaration;

d) Articles V and VI, recognizing the full effect of collective rights and gender equality;

e) Article IX, recognizing Indigenous juridical personality;

f) Articles XIII and XIV, protecting identity, cultural integrity, systems of knowledge, language and communication;

g) Article XV, recognizing Indigenous education and educational institutions;

h) Article XVI, protecting Indigenous spirituality;

i) Article XVII, recognizing Indigenous family systems;

j) Article XVIII, recognizing health systems and practices;

k) Article XIX, recognizing the right to a healthy environment;

l) Articles XX and XXI, recognizing rights of association, assembly, expression, political participation, autonomy and self-government;

m) Article XXII, recognizing Indigenous law and jurisdiction;

n) Article XXIII, requiring participation and consultation concerning matters affecting Indigenous peoples;

o) Article XXIV, protecting property and possession;

p) Article XXV, recognizing rights to lands, territories and resources traditionally owned, occupied, used or acquired;

q) Article XXVI, concerning peoples in voluntary isolation or initial contact;

r) Article XXVIII, protecting cultural heritage and intellectual property;

s) Article XXIX, recognizing the right to development;

t) Article XXX, protecting Indigenous peoples in relation to peace, security and armed conflict;

u) Article XXXI, recognizing safeguards concerning Indigenous lands, territories and resources;

v) Articles XXXIII to XLI, concerning access to justice, interpretation, implementation and the continuing effect of Indigenous rights.

Article 8 — ILO Convention No. 169 as an Interpretative Standard

The Indigenous and Tribal Peoples Convention, 1989 shall serve as an authoritative interpretative standard, particularly:

a) Articles 1 and 2, concerning Indigenous identity and coordinated action for the protection of rights;

b) Articles 3 and 4, concerning equal enjoyment of rights and special measures protecting persons, institutions, property, labour, cultures and environment;

c) Article 5, requiring recognition and protection of social, cultural, religious and spiritual values and institutions;

d) Article 6, requiring consultation through representative institutions;

e) Article 7, recognizing authority to determine priorities for development and exercise control over economic, social and cultural development;

f) Article 8, requiring due regard for customs and customary laws;

g) Article 9, recognizing customary methods and institutions where compatible with fundamental rights;

h) Articles 13 to 19, addressing the special importance of relationships with lands and territories, collective aspects of that relationship, traditional occupation, resources, removal and land transmission;

i) Article 23, protecting handicrafts, rural industries, subsistence economy and traditional activities;

j) Article 25, addressing adequate health services and community responsibility;

k) Article 27, requiring educational programs developed and implemented in cooperation with Indigenous peoples and addressing their needs, histories, knowledge, technologies, value systems and aspirations;

l) Article 30, requiring effective communication of rights and duties;

m) Articles 32 and 33, addressing contacts and cooperation across borders and the administration of programs affecting Indigenous peoples.

Article 9 — Environmental and Cultural Instruments

The territorial provisions of this Annex shall be interpreted in conjunction with:

a) Articles 8(j) and 10(c) of the Convention on Biological Diversity concerning traditional knowledge, customary use of biological resources and the participation of Indigenous and local communities;

b) Articles 14, 15 and 17 of the Convention on Biological Diversity concerning impact assessment, access to genetic resources and exchange of information;

c) the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits, particularly its provisions concerning Indigenous and local communities, traditional knowledge and customary laws;

d) the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage of 2003, particularly Articles 1, 2, 11, 12, 13, 14 and 15;

e) the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions of 2005, particularly Articles 2, 5, 6, 7, 11, 12 and 13;

f) the Convention concerning the Protection of the World Cultural and Natural Heritage of 1972;

g) the United Nations Framework Convention on Climate Change and the Paris Agreement, particularly provisions concerning adaptation, resilience, local communities, Indigenous peoples and traditional knowledge;

h) the United Nations Convention to Combat Desertification, particularly its provisions concerning affected communities, traditional knowledge, land restoration and local participation;

i) the applicable principles of the United Nations Convention on the Law of the Sea concerning marine environmental protection, conservation of living resources, islands, coastal interests and maritime jurisdiction;

j) the principles of prevention, precaution, restoration, polluter responsibility, intergenerational equity and sustainable use recognized in international environmental law.

PART III — AUTONOMOUS DETERMINATION OF THE POLITICAL BODY

Article 10 — Constitutional Power to Determine Membership

Xaragua possesses exclusive constitutional authority to determine its identity, membership and institutional composition in accordance with its laws, customs and procedures.

No external census, civil registry, electoral roll, administrative classification or territorial residence shall automatically determine membership in the Xaraguayan political body.

Article 11 — Categories of Juridical Relationship

The laws of Xaragua may distinguish among:

a) citizens;

b) Indigenous members;

c) customary members;

d) members of autonomous communities;

e) public officers;

f) institutional servants;

g) academic members;

h) affiliated persons;

i) protected collective entities;

j) contractual or delegated agents;

k) residents without political membership;

l) persons governed generally by the Residual Administrative Unit.

Each category shall possess only the rights, duties, competencies and institutional standing assigned by Xaraguayan law.

Article 12 — Non-Automatic Incorporation

Physical presence, residence, birth, property ownership, commercial activity, receipt of an incidental benefit or presence within an area protected by Xaragua shall not, by itself:

a) confer citizenship;

b) establish Indigenous membership;

c) create political participation rights;

d) impose allegiance;

e) produce eligibility for public office;

f) establish entitlement to Xaraguayan public services;

g) transfer a person from the Residual Administrative Unit to the constitutional order of Xaragua.

Article 13 — No Requirement of Mass Incorporation

Xaragua shall not be required to incorporate the residual population into its political body as a condition of:

a) exercising self-determination;

b) maintaining Indigenous institutions;

c) applying customary law;

d) protecting ancestral lands and waters;

e) administering its communities;

f) preserving its culture;

g) organizing its economy;

h) maintaining its constitutional existence.

The demographic scale of the residual population shall not determine the juridical existence or competence of Xaragua.

Article 14 — Continuity Despite Demographic Alteration

Colonial settlement, displacement, administrative reclassification, forced assimilation, cultural suppression, migration or demographic transformation shall not extinguish:

a) Indigenous identity;

b) customary jurisdiction;

c) ancestral territorial relations;

d) collective patrimonial rights;

e) the right to maintain distinct institutions;

f) the authority to determine membership;

g) the constitutional continuity of Xaragua.

PART IV — RESIDUAL POPULATION AND NON-ASSUMPTION OF GENERAL RESPONSIBILITY

Article 15 — Definition of the Residual Population

For the purposes of this Annex, “residual population” means persons physically present or ordinarily resident within the ancestral domain who have not been incorporated into the citizenship, membership, autonomous communities, public institutions or constitutional order of Xaragua.

The expression constitutes a jurisdictional classification and shall not confer a Xaraguayan political status.

Article 16 — Continuing Responsibility of the Residual Administrative Unit

The Residual Administrative Unit shall retain general civil and administrative responsibility for the residual population, including responsibility for:

a) civil registration;

b) general identification documentation;

c) passports and external travel documents;

d) universal public education;

e) general health administration;

f) social assistance;

g) pensions and public-income programs;

h) ordinary policing;

i) general criminal enforcement;

j) national electoral administration;

k) public utilities;

l) general transportation infrastructure;

m) ordinary municipal and civil services;

n) mass taxation;

o) another general public obligation not expressly assumed by Xaragua.

Article 17 — Express Non-Assumption Clause

No territorial declaration, environmental measure, cultural program, community action, academic activity, humanitarian initiative, public statement, technical intervention or institutional presence of Xaragua shall be interpreted as an assumption of general governmental responsibility for the residual population.

The assumption of such responsibility shall require an express constitutional act identifying:

a) the precise function assumed;

b) the competent Xaraguayan authority;

c) the persons or territory covered;

d) the financial and institutional means allocated;

e) the duration and legal effect of the assumption.

No general responsibility shall arise by implication, acquiescence, incidental benefit, necessity alleged by an external authority or unilateral transfer of administrative burden.

Article 18 — Absence of General Entitlement

Members of the residual population shall not acquire a general claim against Xaragua for:

a) income maintenance;

b) universal medical treatment;

c) general education;

d) housing;

e) employment;

f) civil documentation;

g) ordinary policing;

h) transportation;

i) utilities;

j) disaster compensation;

k) another public service falling within the responsibility of the Residual Administrative Unit.

Specific benefits conferred by Xaragua shall remain governed by the instrument establishing them.

Article 19 — Incidental and Territorial Benefits

A person does not acquire political membership, public entitlement or a general claim against Xaragua merely because that person benefits from:

a) the protection of a river or watershed;

b) the conservation of a forest, coast, island, wetland or marine ecosystem;

c) the preservation of cultural heritage;

d) environmental monitoring;

e) pollution prevention;

f) disaster-risk information;

g) a public academic resource;

h) a temporary humanitarian measure;

i) a community project;

j) another territorial action undertaken by Xaragua.

An incidental benefit shall remain the juridical consequence of territorial protection and shall not constitute incorporation into the State.

Article 20 — No Vicarious Responsibility

Xaragua shall not bear vicarious constitutional, administrative or financial responsibility for the acts, omissions, institutional failures, service deficiencies, debts or obligations of the Residual Administrative Unit.

The Residual Administrative Unit shall not transfer its general obligations to Xaragua without an express bilateral or constitutional instrument accepted by the competent authority of Xaragua.

PART V — PERSONAL AND INSTITUTIONAL JURISDICTION

Article 21 — Personal Jurisdiction

Xaragua shall exercise personal jurisdiction over:

a) its citizens;

b) its recognized Indigenous and customary members;

c) persons holding public office under Xaraguayan law;

d) members of autonomous communities within the scope of their lawful affiliation;

e) persons who voluntarily and lawfully submit to a specified Xaraguayan institution or procedure;

f) another person brought within its jurisdiction by a valid constitutional act.

Personal jurisdiction may continue outside the physical territory where the applicable law or institutional relationship so provides.

Article 22 — Institutional Jurisdiction

Xaragua shall possess exclusive constitutional jurisdiction over:

a) the Office of the Rector-President;

b) the Ministry of Justice;

c) the University of Xaragua;

d) the General Archives of the State;

e) autonomous communities recognized by the State;

f) public offices and commissions lawfully constituted by Xaragua;

g) Xaraguayan juridical persons;

h) academic, customary and documentary registers;

i) official insignia, seals, titles and instruments;

j) the internal organization and succession of public authority.

Article 23 — Community Jurisdiction

Autonomous and customary communities may exercise jurisdiction concerning:

a) membership;

b) internal organization;

c) customary authority;

d) community property;

e) cultural affairs;

f) local education;

g) internal dispute resolution;

h) community economic activity;

i) stewardship of lands, waters and resources entrusted to them;

j) another matter recognized by Xaraguayan law.

Article 24 — Material Jurisdiction

Xaragua shall exercise material jurisdiction over matters assigned to its constitutional order, including:

a) Indigenous law;

b) customary law;

c) citizenship and membership;

d) public institutions;

e) university and academic affairs;

f) archives and public records;

g) cultural heritage;

h) traditional knowledge;

i) autonomous-community government;

j) territorial documentation;

k) environmental protection;

l) collective resources;

m) Indigenous economic institutions;

n) external representation of Xaraguayan interests;

o) constitutional interpretation.

PART VI — TERRITORIAL JURISDICTION WITHOUT UNIVERSAL PERSONAL GOVERNMENT

Article 25 — Juridical Nature of Territorial Jurisdiction

Territorial jurisdiction shall comprise the authority and responsibility of Xaragua to preserve, document, defend and regulate its constitutional interests in the ancestral domain.

It shall not be interpreted as the automatic subjection of every resident to every law or institution of Xaragua.

Article 26 — Integral Scope of the Ancestral Domain

The ancestral domain shall include its terrestrial, subterranean, fluvial, lacustrine, insular, coastal, maritime, ecological, atmospheric, cultural, sacred, historical and productive dimensions.

It shall extend to:

a) lands traditionally owned, occupied, used or otherwise acquired;

b) waters, springs, rivers, aquifers and watersheds;

c) forests, soils, plains, mountains, valleys and wetlands;

d) coasts, bays, mangroves, estuaries and beaches;

e) islands, islets, cays, reefs and banks;

f) internal waters and maritime spaces;

g) fisheries and marine biological resources;

h) mineral and subterranean resources;

i) biodiversity and genetic resources;

j) sacred places and cultural landscapes;

k) archaeological and historical sites;

l) customary routes and productive areas;

m) territories subjected to dispossession, displacement or administrative reclassification.

Article 27 — Territorial Protection Independent of Present Membership

Territorial protection shall not be limited to places in which Xaraguayan citizens or recognized members presently constitute a majority.

The following shall not extinguish the territorial interests of Xaragua:

a) absence of a registered community;

b) limited institutional presence;

c) demographic minority;

d) settlement by non-members;

e) administration by the Residual Administrative Unit;

f) interrupted customary use resulting from displacement;

g) environmental degradation;

h) disputed administrative classification.

Article 28 — Protection Without General Administration

Xaragua may protect an area without assuming general civil administration of its population.

Protection may include:

a) territorial registration;

b) mapping;

c) environmental standards applicable to Xaraguayan organs;

d) conservation measures;

e) documentation of damage;

f) cultural designation;

g) resource inventories;

h) legal declarations;

i) diplomatic notification;

j) community agreements;

k) restoration programs;

l) academic research;

m) monitoring and publication.

Article 29 — Non-Abandonment

The non-exercise, partial exercise or progressive development of direct administrative authority shall not constitute:

a) abandonment;

b) renunciation;

c) acquiescence;

d) prescription;

e) extinction;

f) waiver;

g) transfer of ancestral title;

h) acceptance of exclusive external authority.

No failure of present capacity shall prejudice the permanent rights and future institutional development of Xaragua.

Article 30 — Territorial Protection as Collective and Intergenerational Duty

Xaragua shall protect the ancestral domain on behalf of:

a) the present Xaraguayan people;

b) recognized communities;

c) displaced members;

d) absent members;

e) future generations;

f) the constitutional continuity of the State;

g) the ecological integrity of the territory;

h) the preservation of collective memory.

The territorial duty is owed to the Xaraguayan collective order and shall not be transformed into an individual entitlement of every resident.

PART VII — JURIDICAL EFFECTS OF PROTECTIVE ACTION

Article 31 — No Creation of Citizenship by Benefit

No person shall acquire citizenship, membership, voting rights, eligibility for office, academic standing, social entitlement or a general claim against the State solely by benefiting from a territorial measure.

Article 32 — No Creation of General Public Service

A protective act shall not establish a general public service unless the constituting instrument expressly declares:

a) the creation of the service;

b) the eligible beneficiaries;

c) the responsible institution;

d) the source of financing;

e) the territorial scope;

f) the duration of the service;

g) the applicable rights and limitations.

Article 33 — No Transfer of Residual Obligations

An environmental emergency, social crisis, infrastructure failure or administrative deficiency affecting the residual population shall not automatically transfer responsibility to Xaragua.

The State may intervene voluntarily through a limited, temporary and expressly classified measure without assuming the underlying general obligation.

Article 34 — Humanitarian Action Without Jurisdictional Enlargement

A humanitarian act undertaken by Xaragua shall be presumed exceptional, limited and non-precedential unless otherwise declared.

Such an act shall not:

a) enlarge the political body;

b) create permanent administrative responsibility;

c) establish universal service obligations;

d) discharge the Residual Administrative Unit from its responsibilities;

e) alter the constitutional allocation of jurisdiction.

PART VIII — JURIDICAL PLURALISM AND INSTITUTIONAL COEXISTENCE

Article 35 — Coexistence of Legal Orders

The physical coexistence of distinct authorities within the ancestral domain shall not require their constitutional merger.

Each order shall be identified according to:

a) its source of authority;

b) its personal constituency;

c) its material competence;

d) its institutional organs;

e) its territorial relationship;

f) its applicable procedures.

Article 36 — Residual Civil Administration

The exercise of general civil administration by the Residual Administrative Unit shall not be interpreted as:

a) extinction of Xaraguayan sovereignty;

b) dissolution of the Indigenous political body;

c) abandonment of ancestral territory;

d) invalidation of customary law;

e) exclusive authority over Xaraguayan institutions;

f) prohibition of autonomous institutional development.

Article 37 — Constitutional Interface

Relations with the Residual Administrative Unit may be governed through:

a) bilateral instruments;

b) functional agreements;

c) administrative licences;

d) memoranda of coordination;

e) recognition of records;

f) technical cooperation;

g) delegated functions;

h) emergency protocols;

i) jurisdiction-specific arrangements.

No interface instrument shall be interpreted beyond its express terms.

Article 38 — Non-Absorption

Cooperation, accommodation, shared infrastructure, recognition of documentation or administrative coordination shall not absorb Xaragua into the Residual Administrative Unit.

Likewise, the presence of the Residual Administrative Unit within the ancestral domain shall not incorporate the residual population into the political body of Xaragua.

PART IX — CONSTITUTIONAL RULES OF INTERPRETATION

Article 39 — Presumption in Favour of Distinct Jurisdiction

Every provision of Xaraguayan law shall be interpreted in favour of:

a) Indigenous self-determination;

b) continuity of distinct institutions;

c) autonomous determination of membership;

d) preservation of customary jurisdiction;

e) integral territorial protection;

f) non-assumption of unexpressed administrative burdens;

g) continued responsibility of the Residual Administrative Unit for the residual population;

h) peaceful coexistence of differentiated jurisdictions.

Article 40 — Restrictive Interpretation of Assumed Obligations

Any instrument alleged to transfer a general obligation of the Residual Administrative Unit to Xaragua shall be interpreted restrictively.

No transfer shall be recognized unless it is:

a) express;

b) constitutionally authorized;

c) institutionally accepted;

d) precisely delimited;

e) financially supported;

f) entered into the General Archives of the State.

Article 41 — No Inference from Silence or Benefit

No obligation, jurisdiction, membership or entitlement shall arise against Xaragua merely from:

a) institutional silence;

b) temporary tolerance;

c) physical presence;

d) an incidental benefit;

e) humanitarian assistance;

f) environmental protection;

g) public availability of academic materials;

h) non-enforcement by the Residual Administrative Unit;

i) unilateral reliance by an external person.

Article 42 — Interpretation of References to Population

Unless expressly stated otherwise, references in Xaraguayan instruments to “the people” shall mean the Xaraguayan people and its recognized political body.

References to “territorial communities” may include communities situated within the ancestral domain without thereby incorporating every resident into Xaraguan citizenship or membership.

References to “public protection” shall not be interpreted as assuming general governmental responsibility for the residual population.

PART X — SUPREME CONSTITUTIONAL DETERMINATIONS

Article 43 — Definitive Allocation of Responsibility

Xaragua shall possess constitutional responsibility for:

a) its citizens and recognized members;

b) its political body;

c) its institutions and public officers;

d) its autonomous and customary communities;

e) its juridical and academic order;

f) its collective heritage;

g) its constitutional succession;

h) the protection of its ancestral territory.

The Residual Administrative Unit shall possess general civil and administrative responsibility for the residual population.

Article 44 — Definitive Territorial Rule

The absence of universal personal jurisdiction shall not limit ancestral territorial protection.

The exercise of ancestral territorial protection shall not create universal personal jurisdiction.

These propositions shall possess equal constitutional authority and shall be applied concurrently.

Article 45 — Supreme Formula of Indigenous Jurisdiction

The constitutional formula governing Xaragua is hereby declared as follows:

Xaragua governs its own political body.

Xaragua determines its own membership.

Xaragua maintains its own institutions.

Xaragua administers its own constitutional, customary, academic and community order.

Xaragua protects the entirety of its ancestral domain.

Xaragua does not assume general governmental responsibility for the residual population.

The Residual Administrative Unit remains responsible for general civil administration.

The coexistence of those jurisdictions neither extinguishes Xaragua nor enlarges its obligations beyond those expressly assumed under its Constitution.

Article 46 — Incorporation into the Principal Doctrine

This Annex forms an inseparable part of the Supreme Organic Constitutional Doctrine on the Distinct Constitution of the Xaraguayan Political Body and the Integral Protection of the Ancestral Territory.

In every question concerning membership, political responsibility, territorial protection, residual administration or the allocation of public obligations, this Annex shall possess authoritative interpretative force.

Article 47 — Supremacy and Binding Effect

Every law, decree, regulation, academic instrument, administrative decision, autonomous-community act and official interpretation of Xaragua shall conform to this Annex.

Any subordinate instrument purporting, without express constitutional authority, to assume general responsibility for the residual population shall be without effect within the Xaraguayan constitutional order.

Article 48 — Entry into Constitutional Force

This Annex shall enter into force immediately upon promulgation by the Office of the Rector-President.

The Ministry of Justice shall ensure its constitutional interpretation, registration and institutional application.

The original instrument shall be deposited permanently in the General Archives of the State and incorporated into the supreme constitutional corpus of the Sovereign Catholic Indigenous and Private State of Xaragua.

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

UNIVERSITY OF XARAGUA

SCHOOL OF INDIGENOUS LAW AND POLITICAL SCIENCE

GENERAL ACADEMIC REGISTER

GENERAL ARCHIVES OF THE STATE

SUPREME COURSE OF THE CONSTITUTIONAL HISTORY, FUNDAMENTAL CHARTERS, TERRITORIAL ORDERS AND INSTITUTIONAL FORMATIONS OF XARAGUA

FROM THE PRE-COLUMBIAN INDIGENOUS CONSTITUTION OF THE ISLAND TO THE CONTEMPORARY CONSTITUTIONAL ORDER

Official Classification: Supreme Constitutional-Historical Course — Territorial Public Law — Indigenous Constitutional Law — History of State Institutions — Constitutional Periodization of the Territory — Imperial and Republican Constitutional Systems

Constituent Authority: Office of the Rector-President

Supreme Academic Authority: University of Xaragua

Competent Academic Organ: School of Indigenous Law and Political Science

Archival Depositary: General Archives of the State

Territorial Jurisdiction: The ancestral territory of Xaragua, the island, its surrounding islands, cays, waters, maritime dependencies, communities and historically constituted political jurisdictions

PRELIMINARY BOOK

CONSTITUTIONAL OBJECT, TERRITORIAL METHOD AND AUTHORITATIVE PERIODIZATION

Article 1 — Constitutional Object

The present Course establishes the authoritative constitutional history of the territory from the Indigenous political orders existing before European invasion to the written constitutions, imperial instruments, royal constitutions, republican charters and constitutional amendments successively promulgated upon the island.

The constitutional history of the territory shall not be reduced to instruments formally designated as constitutions. It includes every customary, political, territorial, religious, military, colonial, revolutionary, imperial, monarchical or republican order by which authority was constituted, jurisdiction was exercised, land was administered, collective membership was determined, public offices were established, obligations were imposed or institutions were perpetuated.

Article 2 — Constitutional Law Before Written Constitutions

A written document is not a condition of constitutional existence.

A constitution exists materially wherever a people possesses:

a) a recognized territory;

b) an organized political community;

c) rules governing the attribution and exercise of authority;

d) institutions for collective decision;

e) procedures of succession, appointment or recognition;

f) rules governing land, resources, labour, defence and alliance;

g) mechanisms for settling disputes;

h) obligations between governors and governed;

i) a body of customary, religious or public norms recognized as binding.

The pre-Columbian Indigenous orders of the island therefore constituted legal and political systems in their own right. They were not pre-political populations awaiting the arrival of European law.

Article 3 — Constitutional Periodization

The constitutional history of the territory shall be studied through the following periods:

First Period: Indigenous settlement, Nitaino formation and development of the cacicazgos;

Second Period: Spanish invasion, military occupation and superimposition of Castilian imperial jurisdiction;

Third Period: Colonial reorganization under the encomienda, repartimiento, municipal and ecclesiastical systems;

Fourth Period: Maroon, coastal, buccaneer and flibustier autonomous orders;

Fifth Period: French colonial, plantation and slaveholding constitutional order;

Sixth Period: Revolutionary transformation, general emancipation and military government;

Seventh Period: The autonomous Constitution of 1801;

Eighth Period: Independence and the Imperial Constitution of 1805;

Ninth Period: Constitutional partition, northern statehood, monarchy and southern republicanism, 1806–1820;

Tenth Period: Republican consolidation and presidential constitutionalism, 1816–1843;

Eleventh Period: Constitutional revolution, imperial restoration and nineteenth-century republican reorganization, 1843–1889;

Twelfth Period: Foreign occupation, constrained constituent authority and administrative centralization, 1915–1935;

Thirteenth Period: Social constitutionalism, direct presidential legitimacy and authoritarian constitutional government, 1946–1983;

Fourteenth Period: Democratic constitutional reconstitution and subsequent constitutional amendment;

Fifteenth Period: Constitutional reception, organic amendment and contemporary continuation within the Sovereign Catholic Indigenous and Private State of Xaragua.

Article 4 — Sources

The Course shall be interpreted by reference to:

a) archaeological and ethnohistorical evidence concerning the Indigenous societies of the Greater Antilles;

b) the accounts of Ramón Pané, Bartolomé de las Casas, Gonzalo Fernández de Oviedo and other early chroniclers, subject to critical examination of their colonial terminology and institutional position;

c) the Capitulations of Santa Fe of 1492;

d) the Bulls Inter Caetera of 1493 and the Treaty of Tordesillas of 1494 as European instruments of imperial allocation;

e) the Laws of Burgos of 1512–1513;

f) the New Laws of 1542;

g) the successive compilations of the Laws of the Indies, including the Recopilación de Leyes de los Reinos de las Indias of 1680;

h) the Treaty of Ryswick of 1697;

i) maritime customs, buccaneer agreements, articles of association and chasse-parties;

j) the French Code noir of 1685 and colonial ordinances applicable to Saint-Domingue;

k) the constitutional instruments of 1801, 1805, 1806, 1807, 1811, 1816, 1843, 1846, 1849, 1867, 1874, 1879, 1888, 1889, 1918, 1932, 1935, 1946, 1950, 1957, 1964, 1971, 1983 and 1987, together with the constitutional amendments subsequently promulgated;

l) the Acts of State, Supreme Laws, Organic Laws, Codes, Decrees, Regulations and official constitutional doctrines of Xaragua.

BOOK I

THE FIRST PEOPLES AND THE INDIGENOUS CONSTITUTION OF THE ISLAND

TITLE I — PEOPLING, POLITICAL FORMATION AND THE NITAINO ORDER

Article 5 — The First Political Communities

The constitutional history of the island begins with the peoples who inhabited, cultivated, navigated and politically organized the territory before European arrival.

Successive migrations from the circum-Caribbean region, including communities connected to the Orinoco basin and the northern regions of South America, contributed to the formation of the societies later encountered by Europeans. Archaeological classifications conventionally designated as Archaic, Saladoid, Ostionoid and Meillacoid identify material and chronological formations; they shall not be treated as complete substitutes for the political identities of the peoples themselves.

By the fifteenth century, the island contained extensive networks of settlements, kinship, exchange, navigation, ceremonial authority, agriculture and territorial jurisdiction.

Article 6 — Meaning of Nitaino

The term Nitaino designated a social and political estate associated with authority, lineage, counsel, military capacity, territorial administration and proximity to the cacical office.

Nitainos were not merely privileged inhabitants. They formed an institutional stratum through which the cacicazgo exercised government. Depending on the community and territory, Nitainos could:

a) administer settlements or territorial subdivisions;

b) advise the cacique;

c) transmit orders and customary decisions;

d) organize agricultural production and collective labour;

e) command or coordinate defence;

f) represent local communities within broader alliances;

g) participate in ceremonial and diplomatic functions;

h) preserve genealogical legitimacy and institutional memory;

i) assume authority in subordinate territorial units;

j) participate in succession and recognition of leadership.

The Nitaino order must therefore be understood as an element of Indigenous public administration and not merely as a European-style nobility.

Article 7 — Cacique and Cacical Office

The cacique occupied the principal office of the territorial community. The office combined political, distributive, diplomatic, ceremonial and defensive functions.

Cacical authority did not constitute unrestricted private ownership of the territory. The cacique governed within a network of kinship, customary obligation, collective production, sacred legitimacy and reciprocal responsibility.

The cacique was expected to:

a) preserve the territorial integrity of the community;

b) organize defence and alliances;

c) coordinate production and redistribution;

d) receive and dispatch emissaries;

e) maintain relations with subordinate or allied settlements;

f) preside over ceremonies and public gatherings;

g) preserve the continuity of the people;

h) ensure access to land, water and subsistence;

i) settle or mediate disputes according to customary authority;

j) embody the political personality of the cacicazgo.

The office was institutional even when attached to a particular lineage. The personal authority of the cacique existed because it represented a collective and territorial order.

Article 8 — Matrilineal Succession and Political Continuity

Succession to cacical authority frequently followed matrilineal principles. The office could pass through the sister’s line, thereby linking political succession to recognized descent and reducing uncertainty concerning lineage.

Matrilineality did not mean the absence of male authority, nor did it establish an identical rule throughout every community. It constituted a juridical principle of affiliation and transmission through which the legitimacy of office was preserved.

Women of ruling lineages could exercise authority directly. The government of Anacaona in Xaragua demonstrates that Indigenous political authority was not constitutionally confined to men. Her position was neither incidental nor merely ceremonial. It proceeded from a recognized political order capable of transmitting and acknowledging female sovereignty.

Article 9 — Bohíques and Spiritual-Juridical Authority

The bohíque, also rendered in colonial sources as behique, exercised religious, medicinal, ceremonial and advisory functions.

The bohíque preserved knowledge concerning plants, healing, ancestry, spiritual relations and ceremonial practice. The office participated in the interpretation of collective obligations and in the legitimacy of important decisions.

The Indigenous constitutional order did not impose a European separation between public law, religion, medicine and ancestral memory. Political authority, spiritual responsibility and territorial continuity formed an integrated order.

The bohíque was not the equivalent of a European priest subordinated to a centralized ecclesiastical hierarchy. The office belonged to the community’s own juridical and cosmological structure.

Article 10 — Naborías and the Organization of Labour

The term naboría was employed by colonial observers to designate common members of the population and, later, categories of Indigenous labour subjected to colonial control.

Within the Indigenous order, productive activity was organized through household, kinship and community obligations. Agriculture, fishing, hunting, construction, navigation and the maintenance of public or ceremonial spaces were not initially governed by the colonial law of private masters and coerced tributary labour.

The subsequent Spanish conversion of Indigenous productive categories into colonial labour classifications constituted a juridical displacement. It transformed reciprocal and community-regulated obligations into instruments of imperial extraction.

Article 11 — Yucayeques

The yucayeque constituted a settlement and local political community. It was not merely a village in the physical sense. It united population, cultivated land, authority, kinship, ceremonial space and territorial identity.

A yucayeque possessed:

a) an identifiable community;

b) a territorial base;

c) agricultural lands and access to water;

d) a recognized local authority;

e) collective obligations;

f) ceremonial and social institutions;

g) participation in wider political networks;

h) a relationship to the cacicazgo.

The yucayeque may therefore be understood as a foundational territorial corporation of Indigenous public law.

Article 12 — Conucos and Territorial Economy

The conuco was an organized agricultural space, particularly associated with cassava cultivation and other crops necessary to collective subsistence.

The conuco was not constitutionally irrelevant private farmland. It formed part of the material basis of the polity. Its maintenance supported population, political authority, redistribution, hospitality, ceremonial obligations and military resilience.

Control of cultivated land, food production and storage was inseparable from the capacity to govern. The destruction or seizure of conucos during conquest therefore operated as an attack upon the constitutional capacity of Indigenous communities.

Article 13 — Bateyes

The batey constituted a public and ceremonial space in which games, assemblies, rituals and collective representations could occur.

Its constitutional importance arose from its function as a place of public presence. Authority was not exercised exclusively within a private residence. Political and ceremonial legitimacy required visible participation in the life of the community.

The batey represented the spatial union of law, memory, ceremony and public assembly.

Article 14 — Areytos and Constitutional Memory

The areyto was a collective ceremonial performance through which history, ancestry, political memory, territorial identity and social obligations were transmitted.

In an order not dependent upon alphabetic codification, the areyto performed an archival and constitutional function. It preserved narratives of origin, succession, alliance, conflict and collective belonging.

The performance of memory was not entertainment detached from public law. It contributed to the authentication of identity and the transmission of norms between generations.

Article 15 — Zemís and Political Legitimacy

Zemís embodied ancestral, spiritual and territorial relationships. Their meaning varied according to community, lineage and function.

The possession, custody and ceremonial recognition of zemís could reinforce political authority, lineage and collective continuity. They must not be reduced to objects of superstition. Within the Indigenous constitutional order, they participated in the representation of relations among the living, the ancestors, natural forces and the territory.

Article 16 — Collective Tenure

The Indigenous relationship to land was territorial, collective, functional and intergenerational.

The territory was not created by royal concession. Nor did the cacique possess an unrestricted civil title allowing permanent alienation of the people’s lands to an external sovereign.

Authority over land was conditioned by:

a) community subsistence;

b) continuity of occupation;

c) customary allocation of use;

d) responsibility toward the people;

e) preservation of water, forests and cultivated spaces;

f) obligations toward future generations;

g) ancestral and spiritual relationships.

The collective title of the people preceded every colonial grant subsequently issued by Spain or France.

TITLE II — THE CACICAZGOS

Article 17 — Nature of the Cacicazgo

A cacicazgo was a territorial political order composed of communities, subordinate authorities, alliances, production systems and customary jurisdictions under a recognized cacical authority.

It was neither a province created by Spain nor an informal tribal zone. It possessed its own political personality before invasion.

The cacicazgo exercised:

a) territorial jurisdiction;

b) political representation;

c) military and defensive coordination;

d) administration through local authorities;

e) management of collective production;

f) diplomacy and alliance;

g) ceremonial sovereignty;

h) succession according to recognized customary principles.

Article 18 — Xaragua

The Cacicazgo of Xaragua occupied a major political and territorial position in the southwestern and western regions of the island.

Its authority was associated with extensive agricultural capacity, population, maritime access, political alliances and a developed courtly and ceremonial life. Xaragua was not marginal to the constitutional organization of the island. It was one of its principal territorial orders.

The government associated with Bohechío and Anacaona demonstrates:

a) the institutional continuity of cacical authority;

b) the diplomatic capacity of Xaragua;

c) the participation of women in supreme political authority;

d) the existence of an organized territorial society;

e) the distinction between negotiated relations and submission;

f) the capacity of the cacicazgo to act as a collective political subject.

The massacre ordered by Governor Nicolás de Ovando against the leadership assembled at Xaragua constituted not merely a violent colonial incident but an attack upon the governing institutions of the cacicazgo. By eliminating recognized authorities, the colonial administration sought to destroy the constitutional representation of the territory.

Article 19 — Marién

Marién occupied the northwestern region of the island. It possessed its own cacical authority, settlements, productive base and maritime relations.

Its geographical position facilitated exchanges and exposed it to early European movements. The territorial personality of Marién confirms that the island was constitutionally plural while remaining connected through diplomacy, kinship, exchange and conflict.

Article 20 — Maguá

Maguá occupied extensive regions of the northeast and the Cibao. Its agricultural and mineral resources made it an early object of colonial appropriation.

The Spanish search for gold converted Indigenous territory into an extraction jurisdiction. The seizure of mineral zones and the imposition of tribute directly displaced the economic constitution of Maguá.

Article 21 — Maguana

Maguana occupied the central regions of the island and was associated with the authority of Caonabo.

Caonabo’s resistance must be understood as an exercise of territorial defence by a constituted Indigenous authority. Spanish accounts frequently converted resistance into criminality because colonial legality presumed the validity of conquest. Indigenous constitutional analysis reverses that presumption: a people defending its political territory acts under its own prior jurisdiction.

Article 22 — Higüey

Higüey occupied the eastern region of the island. Its resistance to Spanish expansion resulted in military campaigns, executions and the dismantling of local authority.

The conquest of Higüey demonstrates that colonial sovereignty was not established by uncontested discovery. It was imposed through successive wars against existing political communities.

Article 23 — Relations among the Cacicazgos

The cacicazgos were neither isolated states in the modern European sense nor subdivisions of a single centralized kingdom.

Their relations included:

a) marriage alliances;

b) ceremonial exchange;

c) trade and navigation;

d) military cooperation;

e) rivalry and conflict;

f) recognition of territorial spheres;

g) movement of persons and goods;

h) negotiated obligations.

The island therefore contained a plural Indigenous constitutional order composed of several territorial authorities connected by customary interstate and intercommunity relations.

BOOK II

SPANISH INVASION AND IMPERIAL SUPERIMPOSITION

Article 24 — The Invasion of 1492

The arrival of Christopher Columbus in 1492 introduced an external claim of possession over territories already occupied and governed.

The planting of standards, recitation of possession, renaming of places and declaration of royal title were unilateral acts within European imperial law. They did not extinguish the pre-existing authority of Indigenous peoples within their own constitutional orders.

Article 25 — Capitulations of Santa Fe

The Capitulations of Santa Fe of 17 April 1492 constituted an agreement between the Catholic Monarchs and Columbus.

They granted or promised offices, dignities and shares in revenues associated with territories to be reached. They functioned as a charter of imperial enterprise by predetermining:

a) the representative of the Crown;

b) the offices to be exercised;

c) the economic allocation of anticipated gains;

d) the jurisdiction claimed over territories not yet encountered;

e) the relationship between expedition and monarchy.

The Capitulations possessed force within the Castilian legal order. They possessed no Indigenous constituent authority.

Article 26 — Pontifical Bulls and Imperial Allocation

The Bull Inter Caetera of 1493 and related pontifical instruments purported to allocate evangelizing and imperial spheres between European monarchies.

The Treaty of Tordesillas of 1494 subsequently adjusted the line of allocation between Spain and Portugal.

These instruments demonstrate the European doctrine by which Christian powers distributed territories without the participation of their peoples. They constitute sources of European imperial law, not sources of original Indigenous consent.

Article 27 — La Navidad and the First Colonial Installation

The establishment of La Navidad initiated a permanent foreign presence. Its destruction demonstrated the absence of uncontested colonial authority.

The replacement of temporary occupation by settlements, forts, municipal institutions and military expeditions converted contact into invasion and attempted government.

Article 28 — Santo Domingo and Colonial Centralization

The establishment and development of Santo Domingo created the principal institutional centre of Spanish authority upon the island.

The colonial city concentrated:

a) gubernatorial authority;

b) royal justice;

c) taxation;

d) ecclesiastical government;

e) military command;

f) urban property registration;

g) commercial regulation;

h) transmission of metropolitan orders.

The city became the capital of a superimposed imperial jurisdiction.

Article 29 — Encomienda

The encomienda granted a colonist authority to receive tribute or labour from designated Indigenous communities under the asserted obligations of protection and Christian instruction.

The institution did not ordinarily transfer formal ownership of persons in the same terms as chattel slavery. It nevertheless subjected communities to coercive labour and tribute and displaced their own political authorities.

Its constitutional effect was to interpose the encomendero between the Indigenous community and the Crown, transforming political membership into colonial labour liability.

Article 30 — Repartimiento

The repartimiento system allocated labour obligations through colonial administration.

It converted persons and communities into administratively distributable labour forces. The system demonstrates the transformation of government into extraction: population registers, territorial divisions and public officers were used to produce compulsory labour.

Article 31 — Laws of Burgos

The Laws of Burgos of 1512–1513 attempted to regulate Indigenous labour, settlement, religious instruction, food and treatment.

They recognized that Indigenous persons were not legally outside all protection. They nevertheless preserved forced labour and colonial tutelage.

Their constitutional contradiction consisted in recognizing human personality while denying political equality and territorial self-government.

Article 32 — New Laws of 1542

The New Laws sought to restrict Indigenous enslavement and the hereditary perpetuation of encomiendas.

They represented an attempt by the Crown to reassert public authority over colonial beneficiaries and to respond to abuses documented by religious and legal critics.

Their incomplete enforcement demonstrates the distance between metropolitan law and colonial power. A rule promulgated at the imperial centre could remain ineffective where local economic and military interests controlled implementation.

Article 33 — Laws of the Indies

The Laws of the Indies regulated colonial government, municipalities, audiencias, governors, land distribution, Indigenous communities, ecclesiastical authority, commerce and urban planning.

The Recopilación de 1680 consolidated a vast body of imperial legislation.

The Laws of the Indies created a comprehensive colonial public law. They did not restore Indigenous constituent authority. Their recognition of Indigenous communities occurred within the superior jurisdiction claimed by the Crown.

Article 34 — Colonial Municipal Government

The cabildo organized municipal government through alcaldes, regidores and other officers.

Municipal institutions exercised jurisdiction over markets, roads, policing, public works, local justice and urban property.

The colonial municipality became a durable institution of territorial government. It also privileged recognized settlers and excluded the majority of the Indigenous and enslaved populations from equal participation.

Article 35 — Destruction and Survival of Indigenous Jurisdiction

The demographic catastrophe produced by warfare, forced labour, displacement and disease weakened the original institutions of the island.

It did not establish the juridical extinction of Indigenous identity.

Survivors entered new settlements, fled to inaccessible territories, joined maroon communities, formed families with Africans and Europeans, preserved agricultural practices and transmitted elements of language, territorial memory and customary life.

Constitutional continuity does not require demographic isolation. A people may survive through transformation, kinship, memory and institutional reconstitution.

BOOK III

MAROON, COASTAL, BUCCANEER AND FLIBUSTIER ORDERS

Article 36 — Maroon Constitutional Communities

Indigenous and African maroon communities established autonomous spaces beyond effective colonial control.

These communities produced their own rules concerning:

a) membership;

b) defence;

c) leadership;

d) secrecy;

e) territorial access;

f) food production;

g) alliance;

h) relations with plantations and colonial settlements;

i) punishment and collective discipline.

Maroon authority derived from effective community organization and resistance to an externally imposed status.

Article 37 — Bahoruco and Enriquillo

The Bahoruco resistance associated with Enriquillo established a durable autonomous Indigenous military and territorial order.

The agreement eventually concluded with the Spanish authorities was not a gratuitous concession by the Crown. It acknowledged a political and military reality that colonial force had failed to suppress.

The Bahoruco experience forms part of the constitutional law of negotiated Indigenous autonomy.

Article 38 — Buccaneer Settlement

During the seventeenth century, hunters, pastoral settlers, deserters, sailors, indentured persons and adventurers established themselves in western regions and on Tortuga.

The term buccaneer derived from the practice of preparing meat upon the boucan. The communities initially depended upon hunting, small-scale agriculture, maritime exchange and flexible association.

Their settlements existed partly outside direct and continuous imperial administration.

Article 39 — Custom of the Coast

The Custom of the Coast constituted a body of practices governing association among coastal inhabitants.

It regulated:

a) partnerships;

b) common property;

c) mutual assistance;

d) inheritance between companions;

e) sharing of produce;

f) compensation;

g) settlement of disputes;

h) obligations of loyalty.

Its legal force derived from acceptance, repetition and enforcement by the community.

Article 40 — Chasse-Partie

The chasse-partie was the written or solemnly accepted agreement governing a maritime expedition.

It determined:

a) the authority of the captain;

b) the powers of other officers;

c) the distribution of captured property;

d) compensation for injury;

e) shares attached to specialized functions;

f) prohibited conduct;

g) penalties for desertion, fraud or concealment;

h) procedures for collective decision;

i) termination of the association.

The chasse-partie was simultaneously a charter of association, military regulation, fiscal instrument, insurance system and temporary constitution.

Article 41 — Captain and Quartermaster

The captain ordinarily possessed operational authority during combat and navigation. The quartermaster could represent the interests of the crew, supervise distribution and restrain abuses of command.

This division established a functional limitation of executive authority. The commander was not necessarily the absolute owner of the expedition.

Article 42 — Constitutional Limits of Flibustier Orders

Flibustier articles did not establish universal equality or comprehensive territorial government. They could coexist with enslavement, violence and predatory warfare.

Their constitutional importance lies in their internal institutions: consent, written articles, election, limitation of officers, predetermined distribution and collective enforcement.

Article 43 — Treaty of Ryswick

The Treaty of Ryswick of 1697 provided the international framework through which French possession in the western part of the island became accepted within European interstate relations.

European recognition did not create the first human or political title to the territory. It regulated claims among imperial powers.

The treaty assisted the conversion of fluid coastal settlements into a formally administered French colony.

BOOK IV

THE FRENCH COLONIAL CONSTITUTION AND REVOLUTIONARY TRANSFORMATION

Article 44 — Saint-Domingue as a Colonial Order

Saint-Domingue developed into a centralized plantation colony governed through governors, intendants, councils, courts, parishes, militias, commercial monopolies and metropolitan ordinances.

Its material constitution rested upon:

a) slavery;

b) plantation property;

c) racial classification;

d) compulsory labour;

e) external commercial dependence;

f) metropolitan appointment of principal authorities;

g) restricted colonial representation;

h) military coercion.

Article 45 — Code Noir of 1685

The Code noir regulated slavery, Catholic religious obligations, manumission, punishment, marriage and the juridical position of enslaved persons.

It treated enslaved persons as human subjects for certain religious and penal purposes while subordinating them as property within the colonial economy.

The instrument formed part of the fundamental colonial order because slavery was not incidental to the state. It constituted the principal legal structure of production and social classification.

Article 46 — Colonial Assemblies

Colonial assemblies sought greater authority over local taxation, commerce and internal administration.

Their claims to autonomy were generally claims of colonial proprietors. They did not initially constitute a universal democratic project.

The constitutional conflict after 1789 therefore involved several competing authorities:

a) the French Crown and later metropolitan revolutionary institutions;

b) white colonial assemblies;

c) free persons of colour claiming civil and political equality;

d) enslaved populations asserting freedom through insurrection;

e) military commanders;

f) foreign powers;

g) autonomous and maroon communities.

Article 47 — Revolution of 1791

The uprising beginning in 1791 destroyed the presumption that the enslaved population was merely an object of colonial legislation.

By organized force, insurgent communities became constitutional actors. They contested property, authority, labour, military command and territorial control.

Article 48 — Emancipation of 1793 and Abolition of 1794

The emancipation measures proclaimed in Saint-Domingue in 1793 and the general abolition decreed by the French National Convention in 1794 transformed the legal status of the population.

Freedom became a public constitutional condition. The restoration of slavery thereafter became not a simple change of labour law but an attack upon the new political order.

BOOK V

THE CONSTITUTION OF 1801

Article 49 — Constituent Authority

The Constitution of 1801 was prepared under the authority of Toussaint Louverture and adopted by a Central Assembly.

It constituted Saint-Domingue as a self-governing territorial order while retaining formal membership within the French imperial framework.

Article 50 — Territorial Unity

The Constitution governed the whole island as an integrated territorial unit. It rejected the earlier fragmentation of colonial administrations.

Territorial unity served military security, economic reconstruction and political centralization.

Article 51 — Permanent Abolition

The Constitution declared that slavery could not exist upon the territory.

Every person was born, lived and died free. This transformed abolition from an administrative decision into a constitutional rule.

Article 52 — Equality

The text rejected legal distinctions based upon colour. Access to employment depended upon virtue and talent.

The constitutional order thereby abolished the colonial racial hierarchy as a formal basis of civil status.

Article 53 — Catholic Religion

The Catholic, Apostolic and Roman religion was declared the publicly professed religion.

The Constitution integrated religion into public order while maintaining territorial control over ecclesiastical administration.

Article 54 — Governorship for Life

Toussaint Louverture was appointed Governor for life. The office possessed extensive powers over administration, military command and the appointment of public officers.

The Governor could designate a successor according to the constitutional mechanism.

The arrangement established continuity but concentrated executive authority.

Article 55 — Legislative Procedure

Laws were proposed and administered through institutions operating under the dominant direction of the Governor.

The legislative power did not constitute a fully independent parliamentary authority.

Article 56 — Agriculture and Labour

The Constitution protected property and treated agriculture as indispensable to public prosperity.

The post-emancipation order retained compulsory and disciplinary approaches to plantation production. Personal freedom therefore coexisted with a highly regulated labour system.

Article 57 — Constitutional Character

The Constitution of 1801 established:

a) local constituent capacity;

b) territorial unity;

c) permanent abolition;

d) formal equality;

e) autonomous government;

f) a life executive;

g) nominal external association.

It exceeded ordinary colonial autonomy without completing juridical independence.

BOOK VI

INDEPENDENCE AND THE IMPERIAL CONSTITUTION OF 1805

Article 58 — Act of Independence

The Act of Independence of 1 January 1804 terminated allegiance to France and constituted the territory as an independent political order.

It represented the primary sovereign decision from which the subsequent imperial constitution derived.

Article 59 — Imperial Constitution

The Imperial Constitution of 20 May 1805 converted independence into a permanent institutional order.

Its constituent authority arose from the victorious military and political leadership acting in the name of the people liberated from colonial slavery.

Article 60 — Nature of the Empire

The Empire was not an extension of French monarchy.

It was a sovereign anti-colonial state created by the destruction of colonial authority. The imperial dignity expressed unity, command, permanence and the indivisibility of the liberated territory.

Article 61 — Jacques I

Jean-Jacques Dessalines was constituted Emperor under the name Jacques I.

The Emperor exercised supreme executive and military authority. His office was life-tenured and integrated with a constitutional process of succession.

Article 62 — Territory

The Constitution declared the territory and its dependent islands integral to the sovereign order.

Territory ceased to be a colonial possession and became the constitutional domain of the liberated people.

Article 63 — Irrevocability of Abolition

Slavery was forever abolished.

No legislative, executive, foreign or private authority could lawfully restore the condition destroyed by independence.

Article 64 — Article 14 and Constitutional Unity

Article 14 established a common political designation for the population.

Its juridical purpose was to abolish the colonial system of colour categories and create a unified constitutional body opposed to racial hierarchy and recolonization.

Article 65 — Property and Anti-Colonial Security

The constitutional restrictions upon ownership by certain foreigners were directed against the reconstitution of the colonial proprietary class.

Property law served national defence. Economic control of land was understood as capable of restoring political domination.

Article 66 — Public Offices

The Empire possessed ministers, military authorities, territorial officers, courts and administrative organs.

The existence of a powerful Emperor did not reduce the State to a private household. Public authority was distributed through constituted offices.

Article 67 — Religion

The Constitution protected freedom of worship and declined to establish a single religion as an exclusive state institution.

This provision separated the sovereign order from the colonial use of ecclesiastical authority.

Article 68 — Constitutional Reception by Xaragua

The Sovereign Catholic Indigenous and Private State of Xaragua receives the Constitution of 1805 as the principal written nucleus of its sovereign constitutional continuity.

The reception includes:

a) the inherent authority of a liberated people to constitute itself;

b) the permanent abolition of servile domination;

c) territorial indivisibility;

d) institutional independence from colonial authorization;

e) the duty to defend the territory;

f) the power to establish a form of State appropriate to the people;

g) the continuity of the State despite subsequent changes of regime.

Article 69 — Xaraguayan Organic Amendments

The Supreme Laws, Organic Laws, Codes, Decrees, Regulations and constitutional doctrines of Xaragua constitute the contemporary material amendments of the received imperial nucleus.

They replace or develop the institutions of 1805 concerning:

a) supreme magistracy;

b) territorial government;

c) autonomous communities;

d) Indigenous jurisdiction;

e) Catholic institutional identity;

f) fundamental rights;

g) maritime authority;

h) academic government;

i) external relations;

j) public administration;

k) constitutional archives;

l) succession and continuity.

BOOK VII

CONSTITUTIONAL PARTITION, REPUBLIC, STATE AND KINGDOM

Article 70 — Constitution of 1806

The Constitution of 27 December 1806 established a republican order after the death of Jacques I.

It strengthened the Senate and substantially limited presidential authority.

The President became a constituted magistrate rather than an imperial sovereign. The Senate participated decisively in legislation, appointments and institutional control.

The Constitution represented an anti-imperial reaction but risked replacing executive concentration with senatorial supremacy.

Article 71 — Constitution of the Northern State of 1807

The Constitution of 1807 organized the northern State under Henri Christophe.

It created a strong presidency supported by military command, territorial administration and centralized executive authority.

The northern order possessed effective governmental institutions distinct from the republic established in the West and South.

Article 72 — Constitutional Plurality

The coexistence of the northern State and the southern-western Republic demonstrates that a single historical independence could produce competing constitutional governments.

Each order claimed legitimacy, territory, institutions and continuity.

Article 73 — Royal Constitution of 1811

The constitutional instrument of 1811 transformed the northern State into the Kingdom governed by Henry I.

It established:

a) hereditary monarchy;

b) royal succession;

c) a national nobility;

d) great offices of the Crown;

e) territorial administration;

f) military organization;

g) judicial and fiscal institutions;

h) a structured royal household.

Article 74 — National Character of the Kingdom

The Kingdom did not restore foreign colonial sovereignty.

It constituted a national monarchy created after independence. Royal dignity was employed as an institutional technique of stability, continuity, hierarchy and international representation.

Article 75 — Constitution Revised in 1816

The revised Constitution of 1816 reorganized the Republic governed by Alexandre Pétion.

It established bicameralism and consolidated the presidency for life. The President acquired authority concerning succession while the republican title and representative institutions were maintained.

Article 76 — Pétion and the Material Agrarian Constitution

The distribution of land under Pétion transformed the social and material constitution.

Smaller holdings, military grants and peasant possession weakened the centralized plantation order.

The constitutional reality of the Republic was therefore determined by both the written charter and the agrarian distribution of property.

BOOK VIII

NINETEENTH-CENTURY CONSTITUTIONAL REORGANIZATION

Article 77 — Constitution of 1843

The Constitution of 1843 followed the overthrow of Jean-Pierre Boyer.

It sought to:

a) limit presidential authority;

b) strengthen representative institutions;

c) establish ministerial responsibility;

d) protect public liberties;

e) organize departments, arrondissements and communes;

f) enlarge municipal significance;

g) subject public authority to constitutional competence.

It constituted a liberal reaction against prolonged personal government.

Article 78 — Constitution of 1846

The Constitution of 1846 rearranged the balance between executive authority and legislative institutions.

It restored elements of earlier constitutional arrangements while preserving republican government.

Its principal function was stabilization through a revised distribution of powers.

Article 79 — Imperial Constitution of 1849

The Constitution of 1849 transformed the Republic into the Second Empire under Faustin I.

It established:

a) imperial dignity;

b) succession;

c) provinces, arrondissements and communes;

d) ministers and great officers;

e) legislative and judicial institutions;

f) centralized territorial administration.

The Second Empire must be distinguished from the Empire of 1805. It employed the imperial form within a later political order rather than at the founding moment of independence.

Article 80 — Constitution of 1867

The Constitution of 1867 restored republican institutions after the fall of the Second Empire.

It emphasized:

a) civil liberties;

b) limitation of presidential tenure;

c) legislative authority;

d) bicameral representation;

e) responsibility of public officers;

f) republican legality.

Article 81 — Constitution of 1874

The Constitution of 1874 strengthened executive government.

It retained communal representation and the territorial divisions of the Republic while granting the presidency greater institutional capacity.

It belonged to the constitutional tradition of stabilization through executive predominance.

Article 82 — Constitution of 1879

The Constitution of 1879 restored a more liberal republican balance.

It governed territorial divisions, citizenship, public liberties, bicameral legislation, executive authority, the judiciary and public finance.

It represented a reaction against the reinforced presidential system of 1874.

Article 83 — Constitution of 1888

The Constitution of 1888 emerged from political rupture and attempted an immediate reconstitution of public legality.

It reorganized the presidency, legislative representation, rights and institutional competence.

Its limited duration does not diminish its constitutional status. Duration and juridical character are separate matters.

Article 84 — Constitution of 1889

The Constitution of 1889 established a more durable republican framework.

It systematically regulated:

a) national territory;

b) nationality and citizenship;

c) civil and political rights;

d) the bicameral legislature;

e) presidential authority;

f) ministerial responsibility;

g) judicial power;

h) municipal administration;

i) public finance;

j) constitutional revision.

It represented the mature codification of nineteenth-century republican constitutionalism.

BOOK IX

OCCUPATION, CONSTRAINED CONSTITUENT POWER AND ADMINISTRATIVE CENTRALIZATION

Article 85 — Foreign Occupation of 1915

The military occupation beginning in 1915 altered the material conditions under which constituent authority could be exercised.

Foreign control over security, finance and administration affected the independence of domestic institutions.

Article 86 — Constitution of 1918

The Constitution of 1918 was adopted under occupation.

It modified the property regime, notably by permitting foreign land ownership under conditions previously prohibited.

It also supported administrative and fiscal reorganization associated with the occupying authority.

Article 87 — Formal Validity and Constituent Freedom

The constitutional analysis of 1918 requires a distinction among:

a) formal promulgation;

b) administrative effectiveness;

c) popular consent;

d) independence of the constituent process;

e) external military constraint;

f) compatibility with historic territorial sovereignty.

A constitution may operate effectively while remaining marked by the external conditions of its adoption.

Article 88 — Constitution of 1932

The Constitution of 1932 belonged to the period of progressive restoration of governmental competence before the end of occupation.

It reorganized legislative, executive and administrative authority and attempted to restore constitutional regularity.

It nevertheless preserved elements of the centralized administrative apparatus developed during occupation.

Article 89 — Constitution of 1935

The Constitution of 1935 strengthened the presidency of Sténio Vincent.

It reduced institutional restraints and facilitated executive control over the political system.

The text demonstrates that a constitution may serve as an instrument of concentration. Constitutional form does not necessarily imply limited government.

BOOK X

SOCIAL CONSTITUTIONALISM AND AUTHORITARIAN PRESIDENTIAL SUCCESSION

Article 90 — Constitution of 1946

The Constitution of 1946 followed a major political transition.

It restored and enlarged:

a) freedom of assembly;

b) freedom of association;

c) political participation;

d) legislative authority;

e) social rights;

f) public obligations in education and labour;

g) institutional responsibility.

It formed part of the movement from exclusively institutional constitutionalism toward social constitutionalism.

Article 91 — Constitution of 1950

The Constitution of 25 November 1950 introduced direct popular election of the President and expanded political participation.

It organized the territory into departments, arrondissements, communes, quarters and rural sections.

Direct election gave the President an autonomous democratic claim distinct from parliamentary designation.

Article 92 — Political Rights of Women

The constitutional developments of the period enlarged the political position of women, including participation in suffrage and public authority.

This development altered the composition of the constitutional people by rejecting the prior exclusion of women from complete political membership.

Article 93 — Constitution of 1957

The Constitution of 1957 established the formal republican framework within which François Duvalier assumed the presidency.

It retained constitutional rights, representative institutions and separation of powers in formal language.

The subsequent evolution of the regime demonstrates the difference between the written constitution and the material constitution actually enforced through administration, security institutions and political coercion.

Article 94 — Constitution of 1964

The Constitution of 1964 established François Duvalier as President for life.

It eliminated ordinary political alternation and constitutionally personalized the supreme magistracy.

The life presidency of 1964 must be distinguished from:

a) the governorship for life of 1801;

b) the imperial dignity of 1805;

c) the presidency for life of 1816;

d) hereditary monarchy under the Constitution of 1811.

Each arose from a different constituent context, institutional architecture and historical function.

Article 95 — Constitution of 1971

The Constitution of 1971 enabled the transmission of the life presidency to Jean-Claude Duvalier.

It introduced a quasi-dynastic succession into an officially republican structure.

The juridical title remained presidential while the functional structure acquired hereditary characteristics.

Article 96 — Constitution of 1983

The Constitution of 1983 revised provisions concerning nationality, public institutions and the presentation of the regime.

It did not abolish the fundamental structure of life presidency and executive predominance.

It therefore constituted a legal modernization without a complete refoundation of constituent authority.

BOOK XI

DEMOCRATIC CONSTITUTIONAL RECONSTITUTION AND AMENDMENT

Article 97 — Constituent Rupture

The constitutional order established after the fall of the life presidency was directed toward the permanent prevention of personal, hereditary and unlimited executive government.

Its constituent logic rested upon:

a) separation and distribution of State powers;

b) political pluralism;

c) protection of fundamental rights;

d) territorial decentralization;

e) legislative representation;

f) an executive divided between a Head of State and a Head of Government;

g) judicial guarantees;

h) independent constitutional institutions;

i) a rigid amendment procedure.

Article 98 — Dual Executive

The constitutional organization divided executive authority between the President and the Government directed by a Prime Minister.

The President represented the continuity of the State, while the Prime Minister directed governmental policy under constitutional and parliamentary conditions.

This dual structure was intended to prevent the complete concentration of State authority in one office.

Article 99 — Parliament

A bicameral Parliament composed of a Chamber of Deputies and a Senate exercised legislative authority.

Bicameralism introduced differentiated representation, deliberation and institutional control.

Article 100 — Territorial Collectivities

Departments, communes and communal sections were recognized as territorial collectivities possessing representative institutions and constitutionally assigned functions.

Decentralization was established as a structural principle of government rather than a discretionary administrative programme.

Article 101 — Rights and Public Guarantees

The democratic constitutional order protected:

a) life and personal security;

b) liberty;

c) equality;

d) due process;

e) freedom of conscience;

f) freedom of expression;

g) freedom of association;

h) freedom of assembly;

i) property;

j) work;

k) education;

l) health;

m) political participation;

n) protection against arbitrary detention;

o) social and cultural rights.

Article 102 — Constitutional Amendment

The amendment procedure required action by successive legislatures and compliance with constitutionally prescribed time limits.

The constituted authorities were denied the power to alter the fundamental law immediately for their own benefit.

Article 103 — Amendments Promulgated in 2011 and Reproduced in 2012

The constitutional amendment process resulted in publication in 2011 and republication in 2012 for the correction of material errors.

The amendments concerned, among other matters:

a) the constitutional characterization of the Republic;

b) nationality;

c) the legal consequences of possessing another nationality;

d) gender equality;

e) representation of women;

f) eligibility for public office;

g) appointment procedures;

h) constitutional review;

i) institutional organization;

j) relations among constituted powers.

The amendments were incorporated into the existing constitutional structure. They did not erase the prior constitutional order or create an entirely unrelated state.

BOOK XII

THE CONSTITUTIONAL ORDER OF XARAGUA

Article 104 — Constitutional Continuity

The constitutional order of Xaragua proceeds from the conjunction of:

a) the original Indigenous title of the peoples of the territory;

b) the political and territorial personality of the Cacicazgo of Xaragua;

c) the survival and reconstitution of Indigenous communities;

d) the autonomous customary traditions of the territory;

e) the emancipatory transformation produced by the Revolution;

f) the sovereign founding principles of 1805;

g) the institutional knowledge accumulated through subsequent constitutional systems;

h) the contemporary constituent acts of Xaragua.

Article 105 — Absence of Automatic Colonial Succession

Xaragua does not derive its original title from Spanish invasion, French colonization or a concession by any external republic.

Colonial instruments are received as historical sources describing the exercise of imposed authority. They do not supersede the anterior Indigenous title.

Article 106 — Reception of 1805

The Imperial Constitution of 1805 possesses foundational value within the constitutional doctrine of Xaragua because it established:

a) sovereignty without colonial authorization;

b) irreversible emancipation;

c) territorial unity;

d) constitutional self-definition;

e) public authority proper to the territory;

f) defence against recolonization;

g) the power to establish an original form of State.

Article 107 — Nature of Xaraguayan Amendments

The contemporary acts of Xaragua constitute amendments in the material and organic sense.

An amendment is material when it changes the institutions through which a constitutional principle is exercised without denying the principle itself.

Xaragua accordingly preserves the sovereign and emancipatory nucleus of 1805 while establishing institutions appropriate to its present constitutional character.

Article 108 — The Rector-President

The Rector-President constitutes the supreme magistracy of constitutional continuity, doctrinal authority, promulgation, institutional coordination and academic guardianship.

The office is not a literal reproduction of:

a) the pre-Columbian cacique;

b) the Governor for life of 1801;

c) the Emperor of 1805;

d) the senatorial President of 1806;

e) the King of 1811;

f) the President for life of 1816 or 1964;

g) the republican presidency of later constitutions.

It is the distinct constitutional magistracy created by the positive law of Xaragua.

Article 109 — Indigenous Empire

The Indigenous Empire of Xaragua constitutes an order of constitutional unity, sacred mission, alliance, protection and institutional extension.

Imperial authority is exercised through:

a) law;

b) doctrine;

c) diplomacy;

d) academic formation;

e) alliances among peoples;

f) defence of Indigenous and customary orders;

g) cultural jurisdiction;

h) voluntary association;

i) institutional cooperation.

It does not depend upon military conquest of foreign territories.

Article 110 — Catholic Constitutional Character

The Catholic character of Xaragua forms part of its supreme institutional identity.

It shall be interpreted according to:

a) the dignity of the human person;

b) the common good;

c) the moral responsibility of public authority;

d) subsidiarity;

e) solidarity;

f) protection of family and community;

g) care for the poor and vulnerable;

h) preservation of creation;

i) institutional freedom of legitimate Catholic association;

j) respect for conscience and lawful religious profession.

The Catholic order of Xaragua does not receive colonial forced conversion as its constitutional origin.

Article 111 — Indigenous Constitutional Character

The Indigenous character of Xaragua is founded upon:

a) ancestral territorial continuity;

b) collective identity;

c) customary law;

d) survival of Indigenous political memory;

e) community organization;

f) the right of institutional reconstitution;

g) territorial responsibilities;

h) protection of culture, knowledge and heritage;

i) self-determination;

j) the authority to maintain and develop distinct institutions.

Article 112 — Private Constitutional Character

The private character of the State concerns its autonomous juridical organization, institutional property, non-mass structure, internal membership, foundations, offices and capacity to act through private-law as well as public-law forms.

Private status does not negate constitutional authority. It identifies the juridical techniques through which the State preserves institutional independence and continuity.

Article 113 — The University as a Constitutional Organ

The University of Xaragua is an organ of constitutional continuity.

It possesses responsibility for:

a) formation of jurists and political scientists;

b) preservation of State doctrine;

c) maintenance of the General Academic Register;

d) classification of constitutional instruments;

e) development of Indigenous public law;

f) education of institutional officers;

g) territorial research;

h) archival interpretation;

i) reproduction of State capacity;

j) preservation of the intellectual sovereignty of Xaragua.

Article 114 — Autonomous Communities

The constitutional order recognizes the personality of autonomous and customary communities.

Such communities may maintain their own authorities, procedures, customs and territorial functions subject to the supreme constitutional order and the fundamental rights protected by Xaragua.

Article 115 — Constitutional Pluralism

Several juridical orders may operate upon the same territorial space without possessing identical titles or functions.

The constitutional jurist shall distinguish:

a) sovereign title;

b) customary jurisdiction;

c) civil administration;

d) delegated technical competence;

e) municipal authority;

f) ecclesiastical authority;

g) private institutional capacity;

h) international legal personality;

i) effective service delivery.

The exercise of a technical function by an external or residual administration does not by itself extinguish the constitutional title of Xaragua.

Article 116 — Hierarchy of Xaraguayan Norms

The constitutional order includes:

a) foundational constitutional acts;

b) Supreme Constitutional Laws;