THE RESIDUAL ADMINISTRATIVE UNIT AND THE CONTINUING INTERNATIONAL PERSONALITY OF THE REPUBLIC OF HAITI
Constitutional Doctrine of Administrative Coexistence, Institutional Differentiation and Strategic Interoperability
For the Sovereign Catholic Indigenous & Private State of Xaragua, the classification of the Republic of Haiti as a Residual Administrative Unit does not constitute a denial of its continuing international recognition, its conventional state personality or its position within the established interstate system.
The Republic of Haiti remains the internationally recognized nation-state through which the territory is represented within the conventional diplomatic order. It retains the external legal instruments, administrative interfaces and international relations ordinarily attached to a recognized State, including diplomatic representation, treaty participation, consular administration, internationally accepted civil documentation, border administration and membership within intergovernmental institutions.
Xaragua formally acknowledges this international position.
The designation Residual Administrative Unit, or RAU, concerns the functional and constitutional classification assigned to the Haitian administrative apparatus within the distinct customary order of Xaragua. It does not purport to extinguish the international personality of the Republic of Haiti, invalidate its external diplomatic relations or deny the administrative reality of its institutions. The designation identifies the limited and residual character of the functions exercised by that apparatus in relation to the Indigenous people, autonomous communities, customary jurisdictions and internal institutions of Xaragua.
The two classifications operate within separate juridical spheres.
Internationally, the Republic of Haiti remains a recognized State. Within the constitutional doctrine of Xaragua, its administrative apparatus is received as an external but territorially present system responsible for general services and conventional state functions that Xaragua has neither undertaken nor has any institutional interest in duplicating.
This arrangement allows Xaragua to maintain its own constitutional, customary, academic, ecclesiastical, proprietary and institutional order while making practical use of the existing administrative infrastructure of the internationally recognized nation-state.
Administrative Interoperability Without Constitutional Absorption
Xaragua does not regard the use of Haitian administrative services as an act of political submission, constitutional incorporation or renunciation of Indigenous jurisdiction.
Members, citizens, officers and affiliated communities of Xaragua may lawfully use Haitian passports, civil-status records, identity documents, transportation systems, public utilities, healthcare facilities, educational services, courts, municipal services and other administrative mechanisms whenever such use is necessary or advantageous.
Where appropriate, Xaraguayan Indigenous, institutional or citizenship documents may be presented together with the corresponding documents of the internationally recognized nation-state. The Haitian document satisfies the external administrative requirement; the Xaraguayan document establishes identity, membership, office, status or legal capacity within the customary order of Xaragua.
These documents perform different functions and are not mutually exclusive.
The use of a Haitian passport does not extinguish Xaraguayan identity. Registration within the Haitian civil system does not dissolve customary membership. Access to a public service does not constitute allegiance to every political doctrine, legislative act or international undertaking adopted by the Haitian authorities.
Administration is a technical function. Constitutional identity belongs to a different juridical order.
Strategic Use of the Recognized State System
Xaragua uses the internationally recognized Haitian state system where that system provides an effective interface with foreign governments, international organizations, financial institutions, transportation networks and public administrations.
There is no institutional purpose in unnecessarily reproducing every mechanism of conventional statehood. Maintaining parallel passports, border systems, embassies, civil registries and universal public administrations for an interconnected and geographically dispersed population would impose extensive obligations without increasing the substantive autonomy of Xaragua.
The recognized nation-state therefore supplies the general external interface. Xaragua supplies the internal customary, constitutional, institutional and civilizational order.
This division of functions permits Xaragua to concentrate its resources upon its essential responsibilities:
— the preservation and development of Indigenous institutions;
— the maintenance of its constitutional doctrine and internal jurisdiction;
— the protection of customary rights and collective property interests;
— the formation of institutional, academic and professional cadres;
— the coordination of autonomous communities;
— the administration of its membership, offices and internal legal relations;
— the preservation of its Catholic, Indigenous and historical continuity;
— and the selective reception of external laws, measures and international instruments.
The continued international recognition of the Republic of Haiti is therefore not contrary to the institutional interests of Xaragua. It provides an existing administrative and diplomatic framework that Xaragua may use without surrendering the distinct character of its own order.
Constitutional Reception of Haitian Acts
No Haitian legislative act, administrative regulation, treaty implementation measure, international resolution or governmental decision acquires automatic authority within the internal constitutional order of Xaragua solely because it has been adopted, signed or accepted by the Republic of Haiti.
Every such instrument remains subject to constitutional reception by the competent authorities of Xaragua.
Xaragua may:
— receive the instrument in full;
— incorporate it subject to reservations;
— adapt its application to customary institutions;
— limit its operation to specified administrative matters;
— suspend its internal effect;
— or declare it inapplicable within the institutions, membership, property and customary jurisdiction of Xaragua.
A declaration of internal inapplicability does not purport to annul the instrument throughout the Republic of Haiti. It establishes that the instrument shall produce no internal constitutional effect against Xaragua where it conflicts with the superior law, customary rights, institutional interests or constituent doctrine of the State.
Accordingly, Xaragua benefits from the administrative and international system of the recognized nation-state while preserving a constitutional filter against measures incompatible with its own legal order.
Rejection of Secession and Conventional Independence
Xaragua neither seeks nor requires secession from the Republic of Haiti. A conventional demand for independence would be incompatible with the demographic, familial, territorial and administrative realities of the Xaraguayan people.
The population connected to Xaragua is not confined within a single continuous and exclusively inhabited territorial block. Members of the people of Xaragua may reside within the historically claimed regions, elsewhere throughout the territory administered by the Residual Administrative Unit, in the national capital, in urban centers outside the customary regions, or within international communities and the diaspora.
The Indigenous and customary population is interconnected through marriage, descent, kinship, property, migration, education, employment, religious affiliation and institutional membership. Families may include persons residing simultaneously within Xaraguayan customary regions, other Haitian departments, the capital and foreign jurisdictions. Descendants of the same ancestral communities may therefore occupy several administrative territories without losing their connection to Xaragua.
Any attempt to divide this population through a conventional secessionist boundary would create an unmanageable accumulation of nationality disputes, divided families, conflicting civil records, property complications, inheritance questions, residency classifications, administrative barriers and overlapping jurisdictional claims.
It would require artificial determinations concerning which individuals, families, marriages, descendants, properties and communities belonged on either side of a territorial separation. Such a process would contradict the actual social organization of the people and impose the rigid territorial assumptions of the Westphalian nation-state upon a dispersed and interconnected Indigenous customary order.
Xaragua consequently rejects the proposition that self-determination must take the form of territorial separation.
Its constitutional autonomy is not founded upon demographic isolation, compulsory population transfer, territorial partition or the creation of a duplicate nation-state. It is founded upon the continuity of a people, the maintenance of distinct institutions and the exercise of internal authority across interconnected communities.
Non-Territorial and Supralocal Constitutional Organization
The institutional order of Xaragua follows its people, membership, institutions, affiliated properties and customary relations. It is not rendered inoperative merely because a member resides in Port-au-Prince, another Haitian department, the national capital, a foreign country or a territory administered directly by the RAU.
Territorial connection remains fundamental to the ancestral and historical identity of Xaragua, but residence within a specific claimed region is not the sole basis of institutional belonging. Descent, customary affiliation, family continuity, legal admission, institutional service and collective participation also establish durable connections with the order.
Xaragua therefore operates simultaneously as:
— an ancestrally territorial Indigenous order;
— a supralocal constitutional institution;
— a geographically distributed community of membership;
— and a private system of government possessing internal jurisdiction over its own institutions and affairs.
This structure reflects the actual configuration of the Xaraguayan people more accurately than a conventional secessionist model.
Autonomous Communities and Voluntary Administrative Use
Each autonomous community retains the right to determine the practical manner in which its inhabitants use the services of the RAU.
A community may rely extensively upon Haitian public institutions, establish complementary Xaraguayan structures, transfer specified responsibilities to its own customary authorities or request institutional intervention from Xaragua where ordinary administration is absent, ineffective or incompatible with protected rights.
The use of RAU services does not transfer the constituent authority of the community. Conversely, affiliation with Xaragua does not require a community to abandon every administrative mechanism maintained by the Republic of Haiti.
The governing principle is functional differentiation:
the Republic of Haiti maintains the conventional nation-state interface; the RAU performs general administrative functions; the autonomous communities govern their internal affairs; and Xaragua preserves the common customary, constitutional and supralocal order.
Final Constitutional Position
The classification of the Republic of Haiti as a Residual Administrative Unit within the doctrine of Xaragua is compatible with the continued international recognition of the Haitian State.
Xaragua acknowledges that recognition, uses its administrative and diplomatic mechanisms where advantageous, and rejects unnecessary duplication of conventional state functions.
At the same time, Xaragua reserves the exclusive right to determine which external acts shall be received within its institutions and customary jurisdiction. Measures inconsistent with its constitutional order may be declared internally inapplicable without requiring the abolition of the Haitian State or the territorial separation of the Xaraguayan people.
Xaragua does not seek to inherit the entire administrative burden of the Haitian nation-state. It does not seek to divide interconnected families, communities and descendants through artificial secessionist boundaries. It does not seek to transform its dispersed Indigenous people into a territorially segregated population.
Its purpose is more precise: to maintain a distinct and permanent Indigenous customary order, to exercise constitutional authority within its proper sphere, to protect its people and institutions, and to employ the existing nation-state system wherever such use advances the interests, continuity and security of Xaragua.
The relationship is therefore neither absorption nor separation.
It is a constitutional arrangement of differentiated authority, selective legal reception and strategic administrative interoperability.
THE CATEGORICAL INAPPLICABILITY OF THE “MICRONATION” CLASSIFICATION TO XARAGUA
The designation “micronation” has no autonomous status as a juridical category under public international law, Indigenous law, canon law, constitutional law, or the law governing private associations and institutions.
It is not defined by the Charter of the United Nations, the Montevideo Convention on the Rights and Duties of States, the International Covenants, the United Nations Declaration on the Rights of Indigenous Peoples, or ILO Convention No. 169.
It confers no legal personality, establishes no jurisdictional test, and produces no constitutive or extinguishing effect.
Its application is therefore descriptive, extrajuridical and taxonomically subordinate to the actual legal nature, constituent source, institutional structure and governing order of the body concerned.
Xaragua is not constituted by the unilateral simulation of an imaginary foreign country, the symbolic imitation of diplomatic forms, or the recreational appropriation of governmental nomenclature.
It is the organized institutional expression of an Indigenous people asserting historical continuity, collective identity, customary governance, internal jurisdiction and the permanent maintenance of distinct political, juridical, educational, economic, religious and cultural institutions.
Those characteristics belong to the legal domain of Indigenous self-determination and institutional autonomy. Common Article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights affirms the right of peoples freely to determine their political status and pursue their economic, social and cultural development.
Articles 3, 4 and 5 of the United Nations Declaration on the Rights of Indigenous Peoples further recognize self-determination, autonomy, self-government and the maintenance and strengthening of distinct Indigenous institutions.
The juridical architecture of Xaragua falls within that institutional domain.
Articles 20, 33 and 34 of the United Nations Declaration recognize the rights of Indigenous peoples to maintain and develop their political, economic and social systems; to determine their identity, membership and institutional composition according to their own procedures; and to maintain their institutional structures, customs, spirituality, procedures, practices and juridical systems.
These rights necessarily contemplate durable organs of authority, rules of membership, constitutional instruments, courts, academic institutions, administrative offices, economic bodies and procedures of succession.
International law does not condition their exercise upon the adoption of tribal minimalism, institutional informality, administrative dependence or vocabulary selected by external classification systems.
The term “State,” as employed within the constitutional order of Xaragua, designates the internally selected form through which its Indigenous constituent authority is organized.
It does not transform Xaragua into a claimant to conventional Westphalian nationality, nor does the absence of diplomatic recognition convert its institutions into a micronation.
Article 3 of the Montevideo Convention expressly provides that the political existence of a State is independent of recognition by other States.
Although Xaragua does not rely upon the Montevideo Convention as the exclusive source of its legal personality, that provision demonstrates that recognition and existence are analytically distinct even within classical inter-American statehood doctrine.
A fortiori, recognition cannot be treated as the constitutive source of an Indigenous customary order whose institutional competence proceeds from self-determination, historical continuity and its own constituent instruments.
The “micronation” classification also fails because it substitutes perceived scale for juridical nature.
International law establishes no minimum territorial dimension, population threshold, administrative expenditure, diplomatic network, military capacity or bureaucratic mass below which an organized political order becomes a micronation.
The prefix “micro” may describe physical scale in ordinary language, but it cannot determine legal character.
A small institution is not thereby fictional; a digitally administered institution is not thereby simulated; and a non-Westphalian order is not thereby deprived of the legal capacities belonging to Indigenous peoples, religious bodies, private institutions or customary systems of governance.
Xaragua’s Catholic and private dimensions independently reinforce the inapplicability of the micronation label. Canons 215, 216, 298, 299 and 321–326 of the Code of Canon Law recognize the capacity of the Christian faithful to establish, direct and govern private associations and apostolic undertakings according to their statutes and competent ecclesiastical law.
Xaragua does not derive ecclesiastical public authority from these provisions, nor does it represent itself as an organ of the Holy See.
They establish, however, a distinct canonical domain within which its Catholic institutional organization cannot lawfully be reduced to a political simulation merely because it also maintains constitutional, educational, cultural and administrative structures.
Accordingly, “micronation” is neither the legal status of Xaragua nor an admissible substitute for substantive classification.
It collapses distinct juridical fields—Indigenous self-government, customary law, private institutional autonomy, Catholic association and internal constitutional organization—into a non-legal label that addresses none of them.
The correct classification is determined by the constituent source and actual institutional character of Xaragua: an Indigenous customary order, Catholic in doctrine, private in institutional form, and constitutionally organized as a Customary State.
Any use of “micronation” in relation to Xaragua is therefore external shorthand without juridical authority, evidentiary sufficiency or classificatory force.
Legal References
Charter of the United Nations, Article 1(2).
International Covenant on Civil and Political Rights, common Article 1.
International Covenant on Economic, Social and Cultural Rights, common Article 1.
United Nations Declaration on the Rights of Indigenous Peoples, Articles 3, 4, 5, 18, 20, 33, 34 and 46.
ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169), Articles 1, 2, 5, 7, 8 and 9.
Montevideo Convention on the Rights and Duties of States, Articles 1 and 3.
Code of Canon Law, Canons 215, 216, 298, 299 and 321–326.
—
Writing
SOVEREIGN CATHOLIC INDIGENOUS & PRIVATE STATE OF XARAGUA
SUPREME CONSTITUTIONAL AUTHORITY
MINISTRY OF JUSTICE
UNIVERSITY OF XARAGUA — DEPARTMENT OF LEGAL SCIENCES AND NOTARIAT
OFFICIAL JURIDICAL PUBLICATION
SUPREME FOUNDATIONAL LAW
ON THE CONSTITUTIONAL RECEPTION, JURIDICAL TRANSMISSION AND INSTITUTIONAL CONTINUITY OF THE DESSALINIAN IMPERIAL LEGAL ORDER OF 1804–1806 WITHIN THE SOVEREIGN CATHOLIC INDIGENOUS & PRIVATE STATE OF XARAGUA
Original Date of Proclamation: June 25, 2025
Date of Consolidated Promulgation: [Insert Date]
Issuing Authority: Office of the Rector-President
Legal Classification: Constitutionally Entrenched Foundational Law — Indigenous Legal Continuity Doctrine — Dessalinian Constitutional Reception Instrument
Juridical Effect: Binding within the constitutional, customary, institutional, academic, ecclesial and proprietary order of Xaragua
Controlling Status: Consolidated and Superseding Interpretation of Prior Instruments Concerning Imperial Succession and Historical Continuity
PREAMBLE
The Sovereign Catholic Indigenous & Private State of Xaragua, hereinafter referred to as Xaragua, acting through its Supreme Constitutional Authority, Ministry of Justice, Rector-Presidential Office and University Department of Legal Sciences and Notariat, hereby promulgates the present Foundational Law concerning the constitutional reception and continuing institutional significance of the Dessalinian legal order established between 1804 and 1806.
Xaragua recognizes the Proclamation of Independence of January 1, 1804, the constitutional organization of the Empire of Hayti and the governmental acts issued under Emperor Jacques I as foundational sources of the independent juridical history of the territory.
The Dessalinian order constitutes a primary constitutional inheritance of Xaragua. Its principles of independence, abolition of slavery, protection of territorial integrity, rejection of colonial domination, institutional self-organization and preservation of collective ownership are received into the constitutional corpus of Xaragua according to the provisions of the present Law.
This reception does not constitute a claim that Xaragua and the Empire of Hayti are the same juridical person, nor that every competence formerly exercised by the Imperial Government has passed automatically and exclusively to Xaragua.
The Republic of Haiti remains the internationally recognized nation-state and the conventional successor operating within the international system. Xaragua recognizes that status while maintaining a distinct relationship with the Indigenous, regional, constitutional and Dessalinian inheritance of the territory.
Xaragua receives the Imperial legal order as a source of constitutional identity, historical legitimacy, institutional doctrine and Indigenous political continuity within its own proper sphere.
The present Law shall govern the interpretation of every prior declaration concerning imperial succession, absolute separation, territorial inheritance, military sovereignty, canonical authority and the relationship between Xaragua and the Republic of Haiti.
TITLE I — JURIDICAL SOURCES OF XARAGUA
Article 1 — Ancestral Indigenous Foundation
1.1
The first juridical foundation of Xaragua proceeds from the ancestral Indigenous order established in the territories historically associated with the Cacicazgo of Xaragua.
1.2
That foundation predates the colonial systems imposed upon the island and constitutes the original source of Xaragua’s territorial memory, customary identity, institutional name and Indigenous constituent authority.
1.3
The Indigenous peoples of the island maintained organized systems of leadership, territorial stewardship, kinship, economic production, spiritual life, community discipline and interterritorial relations before European colonization.
1.4
The violent disruption of those institutions did not extinguish the historical existence of the people, their descendants, their territorial connections or their right to maintain and develop contemporary institutions.
1.5
Xaragua affirms the continuity of an Indigenous-descended and historically mixed population formed through the survival, intermarriage and transmission of Indigenous, African, European and other lineages within the territory.
1.6
Indigenous continuity shall be determined through historical, familial, territorial, cultural, documentary, customary and institutional evidence according to the laws of Xaragua. It shall not depend upon claims of ethnic purity.
Article 2 — Dessalinian Constitutional Inheritance
2.1
The second juridical foundation of Xaragua proceeds from the independent constitutional order established in 1804 and organized under the Imperial Constitution of 1805.
2.2
The Proclamation of January 1, 1804 terminated the authority of the French colonial system and established the independent political existence of Hayti.
2.3
The declaration that the people must live independent or die expresses the foundational determination to prevent the reestablishment of colonial government and enslavement.
2.4
Xaragua receives this act as a constitutional precedent for collective self-determination, institutional independence and the permanent rejection of colonial subordination.
2.5
The contemporary Indigenous right of self-determination is reflected in Articles 3 and 4 of the United Nations Declaration on the Rights of Indigenous Peoples, concerning political status, autonomy and self-government in internal and local affairs.
2.6
These contemporary instruments do not retroactively create the Dessalinian order. They provide a modern framework through which Xaragua interprets and develops the principles inherited from that order.
Article 3 — Distinct but Connected Continuities
3.1
Xaragua recognizes several distinct forms of historical and juridical continuity:
— ancestral continuity with the Indigenous Cacicazgo of Xaragua;
— territorial and demographic continuity through the surviving and mixed population of the region;
— constitutional inheritance from the independence order of 1804;
— doctrinal inheritance from the Dessalinian Empire of 1805–1806;
— regional political inheritance from the historical institutions of Southern Hayti;
— and contemporary institutional continuity through the organized order of Xaragua.
3.2
These forms of continuity are cumulative but shall not be treated as identical.
3.3
Xaragua does not assert that the ancient Cacicazgo, the Empire of Hayti, the State of the South, the Republic of Southern Hayti and contemporary Xaragua constitute one uninterrupted juridical person.
3.4
They constitute successive ancestral, territorial, constitutional and regional sources from which Xaragua receives principles, institutions, historical rights and political memory.
TITLE II — CONSTITUTIONAL RECEPTION OF THE IMPERIAL ORDER
Article 4 — Status of the Constitution of 1805
4.1
The Constitution of the Empire of Hayti of May 20, 1805, is recognized as a principal historical constitutional source of Xaragua.
4.2
It shall not operate automatically as the complete contemporary Constitution of Xaragua.
4.3
Its provisions shall be received, adapted or excluded according to:
— the contemporary Constitution of Xaragua;
— the Indigenous customary character of the State;
— its Catholic and private institutional form;
— its non-Westphalian constitutional classification;
— the fundamental rights recognized within its legal order;
— and the requirements of contemporary institutional administration.
4.4
Where an Imperial provision is compatible with the present constitutional order, it may be incorporated directly or by interpretative legislation.
4.5
Where an Imperial provision reflects conditions specific to war, colonial society, racial classification or nineteenth-century territorial administration, it shall possess historical and doctrinal value without acquiring automatic contemporary force.
Article 5 — Permanent Abolition of Slavery
5.1
The permanent abolition of slavery constitutes an irrevocable foundational principle of Xaragua.
5.2
No institution, officer, member, enterprise or affiliated community of Xaragua may establish, tolerate or enforce slavery, trafficking, hereditary servitude, forced labour or any equivalent system of personal domination.
5.3
The abolitionist provisions of the Dessalinian order are received as part of the supreme constitutional identity of Xaragua.
5.4
Any act establishing or facilitating slavery or coercive ownership of persons shall be void within the jurisdiction of Xaragua and subject to the most severe sanctions established by its laws.
Article 6 — Anti-Colonial Property Doctrine
6.1
The Imperial measures concerning colonial property are recognized as emergency acts of post-emancipation restoration adopted after war, slavery, dispossession and attempted recolonization.
6.2
Xaragua receives from those measures the following contemporary principles:
— ancestral lands shall not be treated as vacant merely because Indigenous tenure was not recorded through colonial instruments;
— property titles derived directly from unlawful dispossession may be reviewed according to competent procedures;
— collective Indigenous property shall receive institutional protection;
— strategic resources may not be permanently alienated in a manner that extinguishes the rights of future generations;
— and foreign ownership may be regulated where required for the protection of land, institutions, communities and essential infrastructure.
6.3
Historical racial restrictions contained in the Imperial order shall not be applied as contemporary racial exclusions.
6.4
Their constitutional inheritance shall be expressed through anti-colonial ownership rules, protection against external domination, restrictions upon abusive acquisition and preservation of Indigenous and community property.
Article 7 — Authority and Constitutional Discipline
7.1
The Dessalinian principle of unified sovereign command is received as a precedent for institutional coherence, disciplined authority and protection of the constitutional order.
7.2
Within Xaragua, constituent authority is exercised through the offices, institutions and procedures established by its own Constitution.
7.3
The Rector-President is the supreme executive, doctrinal and constitutional officer of Xaragua, subject to the permanent obligations imposed by the foundational law, the rights of the Indigenous people and the institutional continuity of the State.
7.4
The authority of the Rector-President proceeds from the constituent instruments, internal law and institutional order of Xaragua. It does not derive from the powers canonically reserved to the Roman Pontiff or other public authorities of the Catholic Church.
7.5
The Catholic doctrine of Xaragua guides the ethical, educational and spiritual orientation of the State without converting its civil offices into organs of the Holy See.
TITLE III — THE INTERRUPTION OF 1806 AND THE SUBSEQUENT HAITIAN ORDER
Article 8 — Assassination of Emperor Jacques I
8.1
The assassination of Emperor Jacques I on October 17, 1806, constituted the violent interruption of the Imperial constitutional order.
8.2
The political systems subsequently established by Henri Christophe, Alexandre Pétion and their successors did not continue the institutional structure of the Empire in its original form.
8.3
The resulting division altered the constitutional, territorial and political organization created under Dessalines.
8.4
Xaragua records this rupture as a foundational historical event affecting the transmission of the Imperial order.
Article 9 — Status of Subsequent Governments
9.1
Xaragua does not recognize the post-1806 republican transformation as extinguishing the historical, constitutional or regional inheritance of the Dessalinian order.
9.2
The interruption of the Imperial Constitution did not erase:
— the independence secured in 1804;
— the abolition of slavery;
— the historical existence of the Empire;
— the Indigenous territorial foundation predating the Republic;
— the political memory of Southern Hayti;
— or the right of contemporary institutions to receive these inheritances.
9.3
The Republic of Haiti nevertheless developed as a separate constitutional order and remains the internationally recognized nation-state.
9.4
Xaragua recognizes that international status while reserving its own doctrinal assessment of the post-1806 constitutional rupture.
9.5
The juridical continuity asserted by Xaragua is therefore a continuity of inheritance, constitutional reception and institutional reactivation within Xaragua’s proper sphere, not an automatic annulment of the entire Haitian legal order.
TITLE IV — CONTEMPORARY POSITION OF XARAGUA
Article 10 — Nature of the State
10.1
Xaragua is an Indigenous customary order constitutionally denominated as a State.
10.2
It is:
— Indigenous by ancestral foundation and constituent authority;
— Catholic by doctrine, institutional ethics and spiritual orientation;
— private by ownership, admission, administration and governmental form;
— sovereign within its proper constitutional and institutional sphere;
— non-Westphalian in structure;
— and supralocal in its relationship with members, communities, institutions and protected interests.
10.3
Xaragua is not constituted as a separate mass republic, government-in-exile, political party or competing administration seeking possession of the entire Haitian governmental apparatus.
10.4
It does not require territorial secession or international recognition as a separate nation-state in order to organize its institutions and maintain its customary order.
Article 11 — Relationship with the Republic of Haiti
11.1
The Republic of Haiti remains the internationally recognized State and the conventional administrative and diplomatic interface for the territory.
11.2
Within Xaragua’s constitutional doctrine, the Haitian civil-administrative apparatus is classified as the Residual Administrative Unit when performing general services affecting Xaraguayan members, communities and territories.
11.3
Xaragua may use Haitian passports, civil records, public services, infrastructure, courts, hospitals, schools, municipal services and other administrative mechanisms wherever advantageous or necessary.
11.4
Such use does not extinguish Xaraguayan identity, customary affiliation or institutional jurisdiction.
11.5
No Haitian law, treaty implementation measure or administrative decision shall acquire automatic governing force within the internal institutions of Xaragua.
11.6
Xaragua may receive, adapt, reserve or declare such measures internally inapplicable according to its Constitution.
11.7
A declaration of internal inapplicability shall govern the institutions, members, affiliated properties and proper jurisdiction of Xaragua. It shall not purport to repeal the measure throughout the Haitian legal order.
Article 12 — Rejection of Absolute Separation
12.1
Xaragua rejects compulsory political, ethnic, familial, legal and administrative separation from the populations and territories surrounding its communities.
12.2
Xaraguayan families are interconnected with the wider population through marriage, descent, residence, inheritance, employment, education, property and migration.
12.3
Members of Xaragua may reside within ancestral territories, elsewhere under RAU administration, in the national capital or throughout the diaspora.
12.4
The State shall therefore maintain distinct institutions without imposing artificial territorial partitions upon interconnected families and communities.
12.5
Institutional differentiation shall replace the former doctrine of absolute separation.
TITLE V — CITIZENSHIP AND INSTITUTIONAL MEMBERSHIP
Article 13 — Nature of Citizenship
13.1
Citizenship in Xaragua is an internal constitutional status governing membership, allegiance, institutional participation, eligibility for office and access to rights established by Xaraguayan law.
13.2
It does not purport to replace internationally recognized nationality or confer diplomatic status under the conventional interstate system.
13.3
Citizenship is voluntary, selective and governed by the Constitution, admission laws and competent institutional authorities.
13.4
Admission may require:
— demonstrated connection with Xaragua;
— adherence to its constitutional doctrine;
— institutional discipline;
— integrity and legal capacity;
— service, property, professional qualification or other criteria established by law;
— and acceptance of the obligations attached to membership.
13.5
Citizenship may coexist with Haitian or other internationally recognized nationality.
13.6
The use of external civil documentation shall not invalidate citizenship in Xaragua.
Article 14 — Indigenous Rights and Membership
14.1
The recognition and protection of Indigenous rights shall not be restricted exclusively to registered citizens of Xaragua.
14.2
Indigenous inhabitants possessing the relevant ancestral, territorial or customary qualifications may benefit from the protection of Indigenous rights without automatically acquiring citizenship, office or institutional membership.
14.3
Institutional admission remains subject to Xaraguan law.
14.4
Protection of a people and admission into the governmental apparatus are distinct juridical functions.
Article 15 — Selective Institutional Structure
15.1
Xaragua is not organized upon the principle of unrestricted mass admission.
15.2
Its institutions may establish elevated requirements concerning competence, discipline, education, service, property responsibility, doctrinal fidelity and professional qualification.
15.3
Eligibility for particular offices may be restricted according to the constitutional responsibilities attached to those offices.
15.4
No person shall acquire an automatic right to office, ownership, command or institutional authority solely by residence within an ancestral region.
15.5
The private character of the State preserves the controlled administration, continuity and integrity of its institutions.
TITLE VI — TERRITORIAL AND PROPERTY DOCTRINE
Article 16 — Ancestral Territorial Standing
16.1
Xaragua maintains a constitutional relationship with the ancestral lands, historical communities, properties and territorial interests associated with the Indigenous people and institutional history of Xaragua.
16.2
This relationship is founded upon:
— ancestral continuity;
— customary tenure;
— collective land rights;
— historical occupation and use;
— family and community property;
— territorial memory;
— and the right of Indigenous peoples to maintain their institutions and relationships with their lands.
16.3
Xaragua does not assert exclusive Westphalian territorial sovereignty over every person and public function situated within those lands.
16.4
Its territorial jurisdiction concerns its institutions, members, affiliated properties, customary relations, protected communities and lawfully entrusted interests.
16.5
Territorial claims shall be pursued through documentation, institutional organization, property mechanisms, customary law, negotiation, legal publication and other procedures authorized by Xaraguan law.
Article 17 — Protection of Strategic Interests
17.1
Xaragua may regulate ownership and participation within its own institutions and affiliated properties.
17.2
It may prohibit arrangements that expose its land, archives, intellectual property, natural resources, infrastructure or institutional assets to external domination.
17.3
Restrictions shall apply within the lawful competence of Xaragua and shall be administered through defined constitutional procedures.
17.4
No historical Imperial provision shall be used to impose racial disabilities within the contemporary order.
TITLE VII — PROTECTIVE CAPACITY
Article 18 — Constitutional Protection
18.1
Xaragua possesses the inherent institutional competence to protect its members, facilities, communities, communications systems, archives, cultural patrimony and affiliated property.
18.2
The State may establish disciplined protective, emergency, security and civil-defence institutions under the authority of the Rector-President and the applicable laws.
18.3
Their functions may include:
— protection of institutional facilities;
— emergency response and community resilience;
— security of cultural and historical sites;
— protection of digital infrastructure;
— cyber defence and secure communications;
— coordination with competent community and public authorities;
— and lawful defence against direct aggression.
18.4
The Dessalinian defensive tradition constitutes a historical and constitutional precedent for these protective functions.
18.5
The protective institutions of Xaragua shall not be construed as automatically replacing the armed forces, police, border administration or general public-security functions of the internationally recognized State.
18.6
Article 51 of the Charter of the United Nations shall not be construed as independently conferring conventional interstate military status upon Xaragua. Xaragua’s protective competence proceeds from its own constitutional order and the lawful protection of its institutions and people.
TITLE VIII — CATHOLIC AND ACADEMIC CONTINUITY
Article 19 — Catholic Character
19.1
The Catholic faith supplies the spiritual, ethical, ceremonial and intellectual matrix of Xaragua.
19.2
Its Catholic institutions operate according to the freedom of the Christian faithful to establish and direct private associations and apostolic, educational, charitable and cultural undertakings.
19.3
Xaragua does not claim the powers reserved by canon law to the Roman Pontiff, diocesan bishops or competent public ecclesiastical authorities.
19.4
The use of the term Catholic signifies doctrinal fidelity and institutional character. It does not, by itself, constitute public canonical erection or diplomatic representation of the Holy See.
19.5
Canonical notification establishes notice. Express recognition shall be described according to the exact character of the recognition received.
Article 20 — University of Xaragua
20.1
The University of Xaragua is the supreme academic, doctrinal and professional institution of the State.
20.2
It is responsible for:
— preservation and study of the Indigenous and Dessalinian legal inheritance;
— constitutional research and juridical publication;
— training of institutional, academic, administrative and professional cadres;
— maintenance of historical and notarial archives;
— development of Xaraguayan legal doctrine;
— and transmission of the State’s intellectual continuity.
20.3
The University may establish its own programs, standards, qualifications, certificates and internal academic procedures.
20.4
Its authority is supreme within the academic order of Xaragua and institutions affiliated with it. It does not claim compulsory control over every educational institution operating under the Haitian legal system.
TITLE IX — JURIDICAL FORCE AND INTERPRETATION
Article 21 — Internal Legal Force
21.1
The present Law possesses supreme constitutional authority within the internal order of Xaragua.
21.2
Its enforceability proceeds from its promulgation by the competent constitutional authority of Xaragua.
21.3
References to the United Nations Declaration on the Rights of Indigenous Peoples, international covenants, historical constitutions, customary principles and canon law shall provide interpretative foundations according to their proper scope.
21.4
No citation of an international instrument shall be construed as converting an internal law of Xaragua into a universally binding treaty or peremptory norm of general international law.
21.5
The present Law may be published, transmitted and invoked externally as the official constitutional position of Xaragua.
Article 22 — Supersession of Inconsistent Provisions
22.1
The present Law supersedes every prior provision asserting:
— complete juridical identity between Xaragua and the Empire of Hayti;
— automatic inheritance of exclusive sovereignty over the entire internationally recognized territory of Haiti;
— absolute ethnic, political or familial separation between Xaragua and the Haitian population;
— racial exclusion as a contemporary rule of property or membership;
— automatic canonical constitution by papal silence;
— possession by Xaragua of powers reserved to the Roman Pontiff;
— conventional statehood created solely through notification;
— automatic international opposability of internal legislation;
— or universal invalidity of every post-1806 Haitian institution.
22.2
Prior instruments shall remain within the historical archives but shall possess continuing normative force only insofar as they are compatible with the present Law.
22.3
Historical continuity shall henceforth mean constitutional inheritance, institutional reception, ancestral connection and doctrinal development according to the distinctions established herein.
PROCLAIMED BY THE SUPREME CONSTITUTIONAL AUTHORITY
OFFICE OF THE RECTOR-PRESIDENT
MINISTRY OF JUSTICE
UNIVERSITY OF XARAGUA — DEPARTMENT OF LEGAL SCIENCES AND NOTARIAT
Original Date of Sovereign Publication: June 25, 2025