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The Capital


SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

GENERAL ARCHIVES OF THE STATE

SUPREME CONSTITUTIONAL DECREE ON THE HISTORICAL STATUS, TERRITORIAL CONTINUITY, CAPITAL JURISDICTION, INSTITUTIONAL FUNCTIONS, AND PERMANENT DESIGNATION OF MIRAGOÂNE AS THE CAPITAL OF XARAGUA

Official Reference: SCIPS-X/ORP/CAP-MIR/2025-05-10

Date of Promulgation: 10 May 2025

Place of Promulgation: Miragoâne, Xaragua

Promulgating Authority: Office of the Rector-President

Archival Depositary: General Archives of the State

Legal Classification: Foundational Constitutional Instrument — Capital Territory Act — Supreme Act of Territorial Organization — Historical and Juridical Classification Decree — Instrument of Central Government Organization

Institutional Status: Constitutionally Entrenched — Permanent — Directly Applicable — Binding upon All Authorities, Officers, Institutions, and Jurisdictions of Xaragua

Subject Matter: Constitutional Capital — Seat of Government — Capital Jurisdiction — Historical Continuity — Territorial Administration — Institutional Permanence

PREAMBLE

The Rector-President of the Sovereign Catholic Indigenous and Private State of Xaragua,

Exercising the constituent, executive, territorial, institutional, and archival authority vested in the Office of the Rector-President;

Acting pursuant to the constitutional order, foundational acts, territorial instruments, and laws of Xaragua;

Recognizing the prior Indigenous occupation, political organization, agricultural use, maritime navigation, inland communication, and territorial administration of the region now designated as Miragoâne;

Recognizing the historical incorporation of the southern and southwestern territories of Hispaniola into the pre-Columbian political order of Xaragua;

Taking institutional notice of the position of Miragoâne on the northern coast of the southern peninsula, at the intersection of the Gulf of Gonâve, the Nippes interior, the Région des Palmes, the southern road system, and the maritime approaches to the Grand South;

Taking institutional notice of the successive Spanish, French, revolutionary, imperial, republican, presidential, military, occupation, departmental, municipal, judicial, customs, port, and commercial administrations exercised within the territory;

Recognizing that such successive administrations altered the public institutions governing Miragoâne without eliminating the territorial identity, Indigenous toponymic record, geographic unity, maritime function, or historical position of the city;

Recognizing the participation of Miragoâne in the revolutionary conflicts of Saint-Domingue, the independent Haitian constitutional orders established after 1804, the southern republican order created after 1806, and the political and military conflicts of the nineteenth century;

Taking particular notice of the establishment of Miragoâne as the principal territorial, military, maritime, and political seat of the Liberal insurrection of 1883–1884;

Recognizing the continuing importance of the Bay and Port of Miragoâne as instruments of customs administration, territorial supply, maritime transport, industrial exportation, commercial importation, and regional economic integration;

Recognizing the designation of Miragoâne as the administrative capital of the Department of Nippes and as the chief town of the Arrondissement of Miragoâne;

Recognizing the establishment within Miragoâne of the supreme executive, academic, financial, archival, political, and territorial institutions of Xaragua;

Determining that the identification of a permanent capital is necessary to establish the territorial seat, institutional continuity, archival unity, governmental hierarchy, legal attribution, and public representation of the State;

Hereby adopts and promulgates the present Supreme Constitutional Decree.

TITLE I — CONSTITUTIONAL DESIGNATION AND CAPITAL STATUS

Article 1 — Permanent Capital

Miragoâne is hereby constituted, designated, and confirmed as the permanent constitutional capital of the Sovereign Catholic Indigenous and Private State of Xaragua.

The capital designation is an integral component of the constitutional identity, institutional organization, territorial administration, and governmental continuity of Xaragua.

Miragoâne shall exercise the legal status assigned to the capital by this Decree and by all subsequent constitutional and implementing instruments adopted pursuant to it.

Article 2 — Seat of the State

Miragoâne is the principal and permanent seat of:

the Office of the Rector-President;

the central Government of Xaragua;

the Supreme Constitutional Authority;

the General Archives of the State;

the central territorial jurisdiction of Xaragua;

the principal academic authority of the University of Xaragua;

the central financial and monetary institutions of the State;

the principal state registers and repositories;

the national system of constitutional promulgation;

all other authorities designated by constitutional law, rectoral decree, statute, regulation, or official instrument.

Article 3 — Legal Effects of Capital Status

The designation of Miragoâne as capital shall determine:

the official seat of the central authorities;

the legal place of promulgation of constitutional instruments;

the principal place of custody of state archives;

the territorial attribution of executive acts;

the institutional origin of national administrative authority;

the central jurisdiction for state protocol;

the official location of the supreme registers of Xaragua;

the territorial reference used in state seals, credentials, appointments, commissions, financial instruments, and diplomatic communications;

the place from which continuity of government is legally presumed;

the institutional hierarchy governing all decentralized and external offices.

Article 4 — Supremacy of the Capital Designation

No subordinate authority may suspend, relocate, modify, divide, or extinguish the capital status of Miragoâne.

No administrative act, ministerial decision, institutional statute, judicial determination, financial measure, academic resolution, or external-office regulation shall derogate from the provisions of this Decree.

Any subordinate instrument inconsistent with the capital status established herein shall be inapplicable within the constitutional order of Xaragua to the extent of the inconsistency.

Article 5 — Capital and Decentralized Administration

The establishment of ministries, courts, regional offices, academic campuses, territorial commands, financial agencies, diplomatic relays, digital chambers, or administrative services outside Miragoâne shall not constitute a transfer or division of the capital.

Every decentralized institution shall derive its competence from an authority whose constitutional seat remains in Miragoâne, unless a constitutional law expressly provides otherwise.

TITLE II — NAME, TERRITORIAL IDENTITY, AND OFFICIAL NOMENCLATURE

Article 6 — Official Name

The official English-language designation of the capital shall be:

MIRAGOÂNE

The official Haitian Creole designation may be rendered as:

MIRAGWÀN

Historical, linguistic, and archival records may preserve the forms Miraguano, Miragoane, and other documented orthographic variants.

Article 7 — Indigenous Toponymic Continuity

The name of Miragoâne derives from an Indigenous toponym preserved through successive colonial and postcolonial transcriptions.

Its continued use constitutes an element of territorial continuity linking the contemporary city to the Indigenous geographic record of the region.

The State shall preserve, classify, and publish the Indigenous, colonial, national, and contemporary forms of the name through:

official cartography;

territorial registers;

academic publications;

linguistic studies;

historical archives;

public signage;

constitutional and administrative instruments.

Article 8 — Capital Territory

For purposes of this Decree, the expression Capital Territory of Miragoâne includes:

the urban jurisdiction of Miragoâne;

the governmental sites and properties assigned to the institutions of Xaragua;

the Bay and Port of Miragoâne, insofar as they fall within the territorial jurisdiction asserted and administered by Xaragua;

the designated archival, academic, financial, administrative, and protocol zones;

such adjoining areas as may be incorporated into the Capital District by a subsequent territorial instrument.

The precise limits of the Capital District shall be recorded by survey, official description, map, land register, or implementing decree.

TITLE III — PRE-COLUMBIAN TERRITORIAL ORDER

Article 9 — Prior Indigenous Occupation

Before the commencement of European colonial intervention in 1492, the territory now comprising Miragoâne formed part of the inhabited and administered Indigenous geography of Hispaniola.

Indigenous territorial occupation included:

permanent and seasonal settlements;

cultivated land;

fishing and coastal-resource zones;

freshwater access;

canoe routes;

inland routes;

community jurisdictions;

political relations among local authorities;

systems governing production, distribution, kinship, defense, and ceremonial obligations.

The absence of European municipal institutions, written cadastral registers, or colonial territorial patents did not negate the existence of an organized Indigenous territorial order.

Article 10 — Material Basis of Indigenous Settlement

The geographic structure of Miragoâne supplied the material basis for Indigenous habitation and territorial administration.

That structure included:

a protected coastal bay;

access to the Gulf of Gonâve;

the Étang de Miragoâne and associated freshwater systems;

cultivable zones;

fisheries and coastal resources;

limestone formations and elevated terrain;

access to inland plains and mountain zones;

maritime and terrestrial routes connecting the region to the wider southern peninsula.

These geographic characteristics established Miragoâne as a viable point of settlement, production, navigation, exchange, and regional communication before the imposition of colonial authority.

Article 11 — Relation to the Political Order of Xaragua

At the end of the fifteenth century, western and southwestern Hispaniola were principally associated with the cacicazgo of Xaragua, one of the major Indigenous political-territorial systems recorded by early European chroniclers.

The pre-Columbian political order of Xaragua exercised authority through:

cacical government;

subordinate and local leadership;

collective territorial obligations;

agricultural organization;

redistribution and exchange;

maritime and overland communications;

intercommunity relations;

defense and political alliance;

ceremonial and diplomatic authority.

The Miragoâne region occupied a northern maritime position within the wider southern and western territorial system associated with Xaragua. Its location provided access between the Gulf of Gonâve, the peninsula, neighboring coastal settlements, inland communities, and adjacent islands.

Article 12 — Classification of Pre-Columbian Functions

The pre-Columbian functions of the Miragoâne region are constitutionally recorded as follows:

territorial function, by reason of Indigenous occupation and jurisdiction;

residential function, by reason of established settlement;

agricultural function, by reason of organized cultivation and food production;

maritime function, by reason of navigation, fishing, and coastal transport;

hydrological function, by reason of access to the lake, wetlands, springs, and associated freshwater resources;

communication function, by reason of the region’s position between coastal and inland territories;

political function, by reason of its incorporation into wider systems of Indigenous authority;

economic function, by reason of production, exchange, resource use, and intercommunity distribution.

Article 13 — Constitutional Recognition of Indigenous Priority

The State recognizes the pre-Columbian Indigenous order as the earliest organized territorial authority applicable to the Miragoâne region.

Spanish, French, and subsequent governmental systems are classified as later layers of administration. They shall not be treated within the historical corpus of Xaragua as the origin of occupation, territorial identity, political society, or institutional life in Miragoâne.

TITLE IV — SPANISH COLONIAL INTERVENTION

Article 14 — Commencement of Colonial Rule

The arrival of Spanish authorities in Hispaniola after 1492 initiated the external occupation and reorganization of the island’s Indigenous territories.

The Spanish colonial system introduced:

claims of royal sovereignty;

military coercion;

compulsory labor;

seizure and redistribution of land;

tribute obligations;

colonial missionary administration;

mineral and agricultural extraction;

suppression or subordination of Indigenous authorities;

replacement of Indigenous territorial classifications by colonial jurisdictions.

Article 15 — Institutional Displacement

The imposition of Spanish authority displaced the recognized political institutions of Xaragua and neighboring Indigenous jurisdictions.

This displacement included:

destruction or removal of cacical authorities;

transfer of land into colonial control;

forced concentration and relocation of communities;

compulsory incorporation of Indigenous labor into colonial production;

suppression of autonomous political and religious institutions;

replacement of Indigenous systems of obligation by colonial legal classifications.

Spanish jurisdiction constituted a succeeding colonial administration over an existing territory. It did not constitute the original legal or political formation of Miragoâne.

Article 16 — Demographic Reorganization

Warfare, forced labor, epidemic disease, displacement, malnutrition, and the disruption of Indigenous production caused a major demographic collapse during the sixteenth century.

The reduction of the Indigenous population did not eliminate all Indigenous presence or transmission. Indigenous persons, descendants, practices, local knowledge, and toponyms persisted through:

survival within rural populations;

movement toward less accessible territories;

incorporation into African and mixed communities;

family transmission;

agricultural and medicinal knowledge;

preservation of geographic names;

continued use of established routes and resource zones.

Article 17 — Weakening of Spanish Administration

Spanish administrative control over western Hispaniola diminished during the sixteenth and seventeenth centuries.

The decline resulted from:

the transfer of imperial resources to other American territories;

reduced mineral production;

depopulation;

contraband commerce;

maritime incursions;

the Devastations of Osorio;

concentration of Spanish authority in the eastern portion of the island.

The weakening of Spanish control facilitated the establishment of French buccaneers, merchants, settlers, and agricultural interests in western Hispaniola.

TITLE V — FRENCH COLONIAL ADMINISTRATION

Article 18 — Incorporation into Saint-Domingue

The Treaty of Ryswick of 1697 formalized Spanish recognition of French possession in the western part of Hispaniola.

Miragoâne was subsequently incorporated into the French colonial jurisdiction of Saint-Domingue and subjected to its systems of:

territorial concession;

plantation production;

enslavement;

port administration;

customs regulation;

military jurisdiction;

racial legal classification;

taxation and commercial licensing.

Article 19 — Formation of the Colonial Town

Miragoâne developed as a colonial coastal settlement during the seventeenth and eighteenth centuries.

Its harbor connected the agricultural interior with coastal and external markets. The settlement acquired commercial, military, customs, and administrative functions arising from its control of a usable maritime access point on the northern coast of the southern peninsula.

The institutional functions of colonial Miragoâne included:

embarkation and disembarkation;

movement of agricultural goods;

regional provisioning;

cabotage;

customs and fiscal supervision;

military observation of the coastal approach;

administrative control of the surrounding territory;

communication with other ports of Saint-Domingue.

Article 20 — Colonial Land and Labor Regime

The colonial economy of Saint-Domingue was founded upon land appropriation, plantation production, and the enslavement of Africans and their descendants.

The Miragoâne region was incorporated into the colonial hierarchy separating:

White colonists;

free persons of color;

enslaved persons;

military and administrative personnel;

maritime and commercial operators;

rural populations subject to colonial regulation.

The French system replaced prior Indigenous land administration with concessions, plantations, individual holdings, commercial privileges, and public jurisdictions established under colonial law.

Article 21 — Port Function Under French Authority

The Port of Miragoâne constituted a regional instrument within the maritime economy of Saint-Domingue.

Its functions comprised:

transfer of local production;

importation of supplies;

coastal navigation;

movement of official correspondence;

transport of military personnel and matériel;

collection and supervision of commercial duties;

maintenance of communications between the southern peninsula and the remainder of the colony.

TITLE VI — REVOLUTIONARY REORGANIZATION, 1791–1804

Article 22 — Collapse of the Colonial Order

The general uprising that commenced in August 1791 initiated the destruction of the established colonial order of Saint-Domingue.

The conflict involved:

formerly enslaved insurgents;

free persons of color;

White colonial factions;

French republican authorities;

Spanish forces;

British forces;

autonomous military commands;

competing regional administrations.

The revolutionary process transferred effective authority from the plantation and colonial bureaucracy to military and political structures established within the territory.

Article 23 — Strategic Position of Miragoâne

During the revolutionary period, Miragoâne possessed strategic importance because of:

its port;

its location on the northern coast of the southern peninsula;

its access to the Gulf of Gonâve;

its relationship to the southern interior;

its capacity to support supply, communication, and troop movements;

its position on the approaches connecting the South with the western territories.

Article 24 — Southern Command and the War of the South

The South developed under political and military authorities substantially associated with free persons of color and with the command of André Rigaud.

The War of the South, also known as the War of the Knives, occurred from 1799 to 1800 between the forces of André Rigaud and Toussaint Louverture.

The conflict concerned:

supreme military authority;

control of the colonial government;

regional jurisdiction;

command of ports and commercial resources;

the political status of the southern officer corps;

the distribution of civil and military offices;

the organization of post-emancipation production.

The defeat of Rigaud transferred control of the South to Toussaint Louverture. It did not extinguish the political identity or institutional capacity of the southern authorities and professional classes.

Article 25 — Final War of Independence

The French expedition dispatched under Napoleon Bonaparte in 1802 sought to reestablish metropolitan control over Saint-Domingue.

The subsequent military conflict unified major elements of the formerly divided revolutionary commands against French authority. The defeat of the French expedition terminated the colonial government.

The Declaration of Independence of 1 January 1804 placed Miragoâne within the jurisdiction of the independent state established under Jean-Jacques Dessalines.

Article 26 — Change in the Source of Public Authority

Independence terminated French sovereignty and abolished the colonial legal foundation of public authority.

Miragoâne was incorporated into the new state and subjected successively to the imperial, republican, presidential, military, and administrative institutions established after 1804.

The city retained its port, territorial, commercial, and communications functions within the national system.

TITLE VII — POST-INDEPENDENCE CONSTITUTIONAL DEVELOPMENT

Article 27 — Division of 1806

Following the death of Jean-Jacques Dessalines in October 1806, the national political order divided between:

the northern government associated with Henry Christophe;

the southern and western republic governed by Alexandre Pétion.

Miragoâne fell within the jurisdiction of the southern and western republic. Its constitutional history was consequently connected to the republican governmental order centered in Port-au-Prince and to the political institutions of the South.

Article 28 — Southern Republican Administration

Within the southern republic, Miragoâne continued to exercise local administrative and maritime functions.

Its port supported:

internal commerce;

movement of agricultural production;

coastal navigation;

transmission of governmental correspondence;

fiscal administration;

movement between the capital and the southern territorial jurisdictions.

Article 29 — Reunification Under Boyer

The reunification of the northern and southern governments was completed under President Jean-Pierre Boyer in 1820.

Miragoâne was thereafter incorporated into a centralized national administration. The city remained a local governmental center and maritime outlet under the reorganized state.

Article 30 — Permanent Nineteenth-Century Functions

Throughout the nineteenth century, the institutional position of Miragoâne was determined by:

its port facilities;

its access to the southern peninsula;

its relationship with the agricultural interior;

its usefulness for customs administration;

its role in political and military communication;

its capacity to receive persons, merchandise, weapons, and official dispatches by sea.

Because customs duties constituted a principal source of public revenue, control of the port possessed direct governmental and military significance.

TITLE VIII — THE LIBERAL INSURRECTION AND THE SIEGE OF MIRAGOÂNE, 1883–1884

Article 31 — Political Context

During the presidency of Lysius Salomon, the conflict between the central executive and the Liberal Party developed into an armed national confrontation.

The Liberal movement contested:

concentration of presidential authority;

exclusion from government;

administrative centralization;

control of political succession;

the composition of the national executive;

the absence of effective institutional representation.

Article 32 — Landing of the Liberal Forces

On 27 March 1883, Haitian Liberal exiles and armed supporters arrived in the harbor of Miragoâne aboard the vessel Tropic.

The landing established Miragoâne as the principal territorial base of the Liberal insurrection.

The city was selected on the basis of:

access by sea;

capacity for maritime resupply;

control of a customs port;

connection with the southern interior;

access to established southern political networks;

defensibility against immediate control from Port-au-Prince.

Article 33 — Establishment of Political and Military Command

The Liberal forces exercised effective control within Miragoâne and established an organized command opposed to the Salomon government.

The functions exercised from the city included:

military command;

territorial defense;

port supervision;

procurement and distribution of supplies;

political communication;

administration of the occupied territory;

relations with civilian supporters;

resistance to the forces of the central government.

Miragoâne thereby functioned as the seat of an organized political and military authority during the conflict.

Article 34 — Siege and Governmental Counteroffensive

The Salomon government deployed military forces to isolate, contain, and defeat the Liberal position at Miragoâne.

The siege extended into 1884 and involved:

blockade of access routes;

interruption of supplies;

military operations against the insurgent position;

pressure upon the civilian population;

destruction of property and infrastructure;

progressive reduction of the Liberal command.

The termination of Liberal control restored the jurisdiction of the central government.

Article 35 — Constitutional Classification of the Insurrection

The events of 1883–1884 are classified as a national constitutional and military conflict rather than a local municipal disturbance.

The conflict addressed:

the extent of presidential authority;

the constitutional function of political opposition;

regional participation in the central government;

military control of political institutions;

territorial decentralization;

control of customs revenue;

the capacity of the South to constitute an organized political command.

Article 36 — Historical Status of Miragoâne

The Liberal insurrection established Miragoâne as:

a seat of political command;

a center of southern constitutional opposition;

a defended territorial jurisdiction;

a port under insurgent administration;

a principal site of the civil conflict of 1883–1884;

a permanent reference in the institutional history of the Haitian Liberal movement.

The General Archives of the State shall classify the siege of Miragoâne as a foundational component of the constitutional history of the capital.

TITLE IX — FOREIGN OCCUPATION AND ADMINISTRATIVE CENTRALIZATION

Article 37 — United States Occupation

The United States military occupation of Haiti commenced in 1915 and continued until 1934.

The occupation placed major components of Haitian public administration under foreign supervision, including:

customs administration;

public finances;

policing and security institutions;

road and infrastructure policy;

territorial administration;

governmental decision-making.

Article 38 — Administrative Position of Miragoâne During the Occupation

Miragoâne remained part of the national customs, transport, policing, port, and territorial system reorganized under occupation.

The extension of centralized road and administrative networks increased the operational capacity of Port-au-Prince to supervise regional jurisdictions.

The Port of Miragoâne continued to function, but its customs and financial operations were incorporated into a system subject to foreign administrative and fiscal control.

Article 39 — Post-Occupation Continuity

Following the formal termination of the occupation in 1934, Miragoâne continued to serve as:

a regional market;

a port of entry and distribution;

an agricultural exchange center;

a road-transport node;

a local administrative jurisdiction;

a point of connection between Nippes, Port-au-Prince, and the Grand South.

TITLE X — INDUSTRIAL, PORT, AND ENVIRONMENTAL HISTORY

Article 40 — Bauxite Extraction and Exportation

During the middle decades of the twentieth century, bauxite extracted from the Miragoâne region was exported through the city’s port in association with the operations of Reynolds Metals.

This industrial system connected:

inland mineral deposits;

extraction sites;

road and loading infrastructure;

the Port of Miragoâne;

international processing and commercial markets.

Article 41 — Economic Classification of the Bauxite Period

The bauxite sector created employment, transport activity, port operations, and industrial infrastructure.

The sector remained externally directed because:

principal investment decisions were made outside the region;

extracted resources were exported for external processing;

industrial dependence was concentrated in a limited number of corporate operations;

local revenues and employment depended upon the continuation of foreign extraction.

The termination of large-scale bauxite operations during the late twentieth century reduced industrial employment and reinforced the relative importance of import commerce, transport, agriculture, repair services, and informal distribution.

Article 42 — Hurricane Flora

Hurricane Flora affected Haiti in October 1963 and caused extensive damage in Miragoâne and surrounding territories.

The event damaged:

housing;

agriculture;

road infrastructure;

public facilities;

commercial installations;

communications;

local transport systems.

Hurricane Flora shall form part of the official capital risk record and shall inform all regulations concerning drainage, construction, emergency supply, port security, communications redundancy, and continuity of government.

Article 43 — Environmental Classification

The Capital Territory is subject to:

hurricanes;

flooding;

coastal hazards;

seismic risk;

landslides and soil instability;

watershed degradation;

wetland and lake-system pressures;

interruption of road and maritime access.

Capital planning shall incorporate these conditions into all public infrastructure and continuity instruments.

TITLE XI — DEPARTMENTAL CAPITAL OF NIPPES

Article 44 — Establishment of the Department of Nippes

The Department of Nippes was separately established in 2003 from territory formerly administered within the Department of Grand’Anse.

Miragoâne was designated as the departmental capital and remained the chief town of the Arrondissement of Miragoâne.

Article 45 — Departmental Functions

As departmental capital, Miragoâne constitutes a principal location for:

departmental administration;

judicial and prosecutorial services;

police coordination;

civil registration;

territorial planning;

education administration;

public-health administration;

electoral administration;

emergency management;

intermunicipal coordination;

representation of national services within Nippes.

Article 46 — Constitutional Relevance of Departmental Status

The departmental-capital status of Miragoâne confirms its established administrative capacity.

For purposes of Xaragua, this status constitutes evidence of the city’s ability to support:

central public administration;

territorial coordination;

judicial functions;

archival custody;

public-service distribution;

institutional representation;

regional continuity of government.

TITLE XII — CONTEMPORARY PORT AND COMMERCIAL FUNCTIONS

Article 47 — Port of Entry

The Port of Miragoâne functions as a major point of entry for:

vehicles;

machinery;

spare parts;

clothing and footwear;

appliances;

commercial merchandise;

equipment intended for regional distribution.

Article 48 — Distribution Function

Goods entering through Miragoâne are transferred through:

customs operations;

warehouses;

wholesale and retail markets;

road carriers;

repair and maintenance trades;

regional merchants;

distribution networks serving Nippes and other departments.

The port therefore possesses significance extending beyond the municipal limits of Miragoâne.

Article 49 — Strategic Infrastructure

The port is classified as strategic infrastructure by reason of its functions in:

territorial supply;

customs revenue;

maritime access;

commercial employment;

vehicle and machinery importation;

emergency logistics;

economic connection with the Gulf of Gonâve;

continuity of supply to the Grand South.

The State shall subject port access, adjacent land, transport corridors, storage facilities, and critical communications to a coordinated capital-infrastructure regime.

TITLE XIII — GEOGRAPHIC AND TERRITORIAL BASIS OF THE CAPITAL

Article 50 — Geographic Position

Miragoâne occupies a central position on the northern coast of the southern peninsula.

It connects:

the Department of Nippes;

the Région des Palmes;

Petit-Goâve and Grand-Goâve;

the southern road corridor;

the departments of the Grand South;

the Gulf of Gonâve;

maritime routes serving coastal and island territories.

Article 51 — Capital Selection Criteria

The designation of Miragoâne is based upon the cumulative application of the following constitutional criteria:

pre-Columbian Indigenous occupation;

historical association with the political geography of Xaragua;

preservation of an Indigenous-derived name;

permanent maritime function;

strategic position at the entrance to the southern peninsula;

participation in revolutionary and post-independence state formation;

association with the southern republican order;

central role in the Liberal insurrection of 1883–1884;

continuous port and customs importance;

industrial and commercial history;

status as the departmental capital of Nippes;

establishment of Xaragua’s central institutions within its territory.

Article 52 — Capital Planning Area

The Capital Planning Area shall include the urban center, government sites, designated port approaches, principal road corridors, archival and academic zones, emergency installations, communications facilities, and such adjoining territory as is necessary for the orderly exercise of capital functions.

The Capital Planning Area shall be governed by:

an official territorial plan;

a public-land register;

an infrastructure register;

a capital-security plan;

an emergency-continuity plan;

a port and road-access plan;

environmental and watershed regulations;

public-construction standards.

TITLE XIV — INSTITUTIONAL ORGANIZATION OF THE CAPITAL

Article 53 — Office of the Rector-President

The Office of the Rector-President shall maintain its constitutional seat in Miragoâne.

The Office shall exercise from the capital:

supreme executive authority;

promulgation authority;

appointment authority;

constitutional supervision;

direction of central government institutions;

custody of the supreme seal;

representation of the State;

supervision of continuity-of-government measures.

Article 54 — General Archives of the State

The General Archives of the State shall maintain the authoritative copies of:

the Constitution;

constitutional laws;

rectoral decrees;

territorial instruments;

appointments and commissions;

official registers;

state treaties and external communications;

institutional statutes;

maps and land records;

historical records concerning Miragoâne.

Article 55 — University of Xaragua

The University of Xaragua shall maintain its principal territorial and academic seat in Miragoâne.

Its capital functions shall include:

education in political science, Indigenous law, history, theology, and governance;

preservation of the historical record of Xaragua;

preparation of public officers;

institutional research;

maintenance of academic archives;

production of official historical and doctrinal studies;

technical support for territorial and constitutional administration.

Article 56 — Indigenous Bank of Xaragua

The Indigenous Bank of Xaragua shall maintain its principal constitutional seat in Miragoâne.

It shall administer, according to applicable law:

state financial registers;

public credit instruments;

monetary records;

institutional accounts;

reserves;

development obligations;

authorized credit systems;

financial archives.

Article 57 — Liberal Party of the South and Xaragua

The Liberal Party of the South and Xaragua shall maintain its principal institutional seat in Miragoâne.

The Party shall preserve and administer the political record relating to:

southern constitutional history;

the Liberal movement;

the insurrection of 1883–1884;

regional representation;

opposition to excessive administrative centralization;

constitutional participation of the southern territories.

Article 58 — Paul Viaud National Campus

The Paul Viaud National Campus is designated as an academic, governmental, archival, administrative, and protocol site within the capital system.

Its specific functions, territorial limits, facilities, security regime, and institutional occupants shall be governed by implementing instruments.

Article 59 — Courts, Ministries, and Public Authorities

Courts, ministries, bureaus, commissions, registries, administrative authorities, and public institutions may be assigned a principal or subsidiary seat in Miragoâne by constitutional law, rectoral decree, statute, or regulation.

All such authorities shall remain subject to the constitutional supremacy of this Decree.

TITLE XV — CAPITAL DISTRICT

Article 60 — Establishment

A Capital District of Miragoâne shall be established by an implementing territorial instrument.

The Capital District shall provide unified administration for:

government premises;

official archives;

public security;

protocol areas;

port access;

state roads;

educational facilities;

financial institutions;

communications infrastructure;

emergency installations;

continuity-of-government facilities;

protected public land.

Article 61 — Delimitation

The territorial limits of the Capital District shall be established through:

official geographic coordinates;

cadastral descriptions;

boundary maps;

public-property registers;

road and coastal reference points;

archival deposit of the final delimitation instrument.

Article 62 — Capital Administration

Capital administration shall be exercised under the authority of the Rector-President through such office, commission, governorate, bureau, or other authority as may be established by law.

The competent capital authority shall coordinate:

public-property management;

infrastructure;

institutional security;

land-use planning;

emergency preparedness;

protocol;

public works;

archival protection;

environmental administration;

interinstitutional operations.

TITLE XVI — PROMULGATION, ATTRIBUTION, AND OFFICIAL ACTS

Article 63 — Place of Promulgation

Constitutional laws, rectoral decrees, appointments, commissions, declarations, regulations, state registers, and instruments of national application may identify Miragoâne as their legal place of promulgation.

Article 64 — Digital and External Issuance

An official instrument issued through an authorized digital chamber, external office, diplomatic relay, or decentralized administration shall remain attributable to Miragoâne when:

the issuing authority has its constitutional seat in Miragoâne;

the instrument is entered in a register maintained under capital authority;

the act bears the authorized seal, signature, reference, or authentication of the competent institution.

Physical issuance outside the capital shall not transfer the constitutional seat of the issuing authority.

Article 65 — Official Formula

All state institutions are authorized to use the following designation:

MIRAGOÂNE — CONSTITUTIONAL CAPITAL OF THE SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

The formula may appear on:

constitutional instruments;

seals;

letterheads;

credentials;

official websites;

registers;

maps;

academic publications;

financial instruments;

state correspondence;

protocol documents.

TITLE XVII — INDIGENOUS AND CONSTITUTIONAL FOUNDATION

Article 66 — Internal Institutional Authority

The designation of Miragoâne as capital constitutes an exercise of Xaragua’s authority to establish and maintain:

its governmental institutions;

its constitutional seat;

its territorial organization;

its public archives;

its educational institutions;

its political structures;

its economic and financial systems;

its official nomenclature;

its internal administrative hierarchy.

Article 67 — International Indigenous Framework

The internal institutional authority exercised by this Decree corresponds to the principles stated in the United Nations Declaration on the Rights of Indigenous Peoples, including:

Article 3, concerning self-determination;

Article 4, concerning autonomy and self-government;

Article 5, concerning the maintenance and strengthening of distinct political, legal, economic, social, and cultural institutions;

Article 12, concerning spiritual and cultural traditions and sites;

Article 14, concerning Indigenous educational institutions;

Article 20, concerning political, economic, and social institutions;

Article 26, concerning traditionally owned, occupied, or used lands and territories;

Article 31, concerning cultural heritage and traditional knowledge;

Article 33, concerning identity, membership, and institutional structure;

Article 34, concerning institutional structures and juridical systems;

Article 36, concerning relations across borders.

Article 68 — Scope of the International References

The international instruments referenced in this Decree form part of its interpretative and doctrinal framework.

The operative force of the capital designation within Xaragua derives from the constituent authority, constitutional order, foundational acts, and competent institutions of Xaragua.

Article 69 — Capital as an Internal Constitutional Determination

The determination of Miragoâne as capital is an internal act of constitutional organization.

It governs the institutions, authorities, officers, citizens, registers, and acts subject to the constitutional order of Xaragua.

The internal validity of the designation does not depend upon incorporation into the domestic legislation of another political authority.

TITLE XVIII — CONTINUITY, ENTRENCHMENT, AND EMERGENCY GOVERNMENT

Article 70 — Constitutional Entrenchment

The capital status of Miragoâne is constitutionally entrenched.

It shall not be altered by:

ordinary regulation;

administrative decision;

ministerial order;

institutional resolution;

temporary relocation;

emergency evacuation;

interruption of services;

establishment of an external office.

Article 71 — Constitutional Amendment Requirement

Any instrument proposing to alter the capital shall expressly regulate:

constitutional amendment authority;

territorial continuity;

institutional relocation;

preservation of the archives;

custody of the supreme seal;

continuity of government;

legal attribution of state acts;

financial consequences;

protection of Miragoâne’s historical status;

transfer of official registers and public property.

No implied repeal shall be permitted.

Article 72 — Emergency Seat

In the event of war, natural disaster, epidemic, infrastructure failure, blockade, occupation of premises, communications interruption, or other public emergency, the Rector-President may establish:

a temporary emergency seat;

an alternate command center;

a digital continuity jurisdiction;

a provisional archival repository;

a decentralized emergency administration.

Such measures shall not terminate, suspend, or transfer the constitutional status of Miragoâne.

Article 73 — Continuity of Government

The continuity-of-government system shall provide for:

preservation of constitutional records;

replication of essential archives;

secure authentication of official acts;

succession and delegation of authority;

emergency communications;

protection of financial registers;

maintenance of public notices;

restoration of operations in Miragoâne.

TITLE XIX — HISTORICAL AND TERRITORIAL ARCHIVES

Article 74 — Permanent Documentary Program

The General Archives of the State and the University of Xaragua shall establish a permanent documentary program concerning:

pre-Columbian occupation of the Miragoâne region;

the political geography of Xaragua;

Indigenous toponymy;

Spanish colonial intervention;

French colonial administration;

the revolutionary period;

the War of the South;

independence and post-1804 constitutional organization;

the southern republic;

the port and customs history of Miragoâne;

the Liberal insurrection and siege of 1883–1884;

the United States occupation;

industrial and bauxite history;

Hurricane Flora and other territorial emergencies;

the creation of the Department of Nippes;

the contemporary port economy;

the designation of Miragoâne as the capital of Xaragua.

Article 75 — Capital Register

A permanent Capital Register shall be maintained under the authority of the General Archives of the State.

The Register shall contain:

the authoritative version of this Decree;

all amendments and implementing instruments;

official maps;

the legal description of the Capital District;

the register of state institutions seated in Miragoâne;

state-property records;

capital infrastructure plans;

emergency-government instruments;

historical documentation;

official seals, formulas, and territorial designations.

Article 76 — Archival Authenticity

The version deposited in the General Archives of the State, bearing the official reference, date, signature, and seal, shall constitute the authoritative state copy.

Certified reproductions, authenticated digital copies, and official publications derived from the archival original shall possess the evidentiary status assigned by the laws of Xaragua.

TITLE XX — IMPLEMENTATION AND FINAL PROVISIONS

Article 77 — Implementing Authority

The Office of the Rector-President shall possess primary authority to adopt all regulations, administrative orders, territorial instruments, appointments, plans, and institutional measures required for the implementation of this Decree.

Article 78 — Institutional Compliance

Every authority and institution of Xaragua shall align its:

statutes;

official nomenclature;

archival references;

letterheads;

seals;

websites;

registers;

territorial descriptions;

appointment instruments;

administrative procedures

with the capital status established herein.

Article 79 — Preservation of Existing Acts

Official instruments issued before the promulgation of this Decree shall remain valid according to their governing law.

Where necessary, their territorial and institutional references shall be interpreted consistently with the designation of Miragoâne as the constitutional capital.

Article 80 — Entry into Force

This Supreme Constitutional Decree entered into force on 10 May 2025.

It shall be entered in:

the Supreme Constitutional Register;

the Territorial Register;

the Capital Register;

the Official Gazette;

the General Archives of the State;

the institutional records of every central authority of Xaragua.



FINAL CONSTITUTIONAL DECLARATION
For the purposes of the constitutional, territorial, administrative, historical, archival, academic, financial, and governmental order of Xaragua, Miragoâne is hereby classified as:
a territory of documented Indigenous occupation predating European colonization;
a component of the historical political geography associated with Xaragua;
the custodian of an Indigenous-derived territorial name;
a coastal and maritime center successively incorporated into Spanish and French colonial systems;
a territory incorporated into the revolutionary and independence processes of Saint-Domingue and Haiti;
a jurisdiction of the southern and western republic established after 1806;
a permanent port, customs, commercial, and communications center;
the principal seat of the Liberal insurrection of 1883–1884;
a territory incorporated into the foreign-occupation and centralized administrative systems of the twentieth century;
a former mineral-export center and continuing commercial port;
the administrative capital of the Department of Nippes;
the seat of the supreme executive, constitutional, academic, financial, archival, and territorial institutions of Xaragua;
the permanent constitutional capital of the Sovereign Catholic Indigenous and Private State of Xaragua.
The status of Miragoâne as capital shall govern the internal organization and institutional continuity of Xaragua from the date of promulgation of this Decree.
ISSUED, PROMULGATED, AND ORDERED FOR ARCHIVAL REGISTRATION
By the constitutional authority of the Rector-President
PASCAL DESPUZEAU DAUMEC VIAU
Rector-President of Xaragua
Issued at the seat of government in Miragoâne on 10 May 2025.
OFFICE OF THE RECTOR-PRESIDENT
SUPREME CONSTITUTIONAL AUTHORITY
GENERAL ARCHIVES OF THE STATE
OFFICIAL SEAL OF THE CAPITAL
SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

Miragoane. Capital of Xaragua

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National Ceremonial Palace


SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

DIRECTORATE OF STATE CEREMONIAL AND PROTOCOL

NATIONAL CEREMONIAL PALACE OF XARAGUA

Official Designation: National Ceremonial Palace of Xaragua

Site: Historic Cathedral of Saint John the Baptist, Miragoâne

Capital Jurisdiction: Miragoâne, Constitutional Capital of Xaragua

Institutional Classification: National Ceremonial Institution — State Protocol Site — Constitutional Continuity Venue — Official Place of National Representation

Administrative Status: Non-Executive — Non-Ministerial — Non-Bureaucratic

Competent Authority: Office of the Rector-President

Protocol Administration: Directorate of State Ceremonial and Protocol

I. INSTITUTIONAL STATUS

The National Ceremonial Palace of Xaragua is the principal institution assigned to the formal ceremonial representation of the State.

It is established within the historic Cathedral of Saint John the Baptist in Miragoâne and forms part of the constitutional and protocol architecture of the capital.

Its functions are exclusively ceremonial, representative, commemorative, and protocol-based. The Palace does not exercise executive, legislative, judicial, ministerial, financial, military, municipal, or general administrative competence.

The designation of the site as the National Ceremonial Palace does not convert it into the ordinary seat of government. The permanent seat of executive authority remains the Office of the Rector-President, and the administrative functions of the State remain assigned to their legally competent institutions.

II. CONSTITUTIONAL PURPOSE

The National Ceremonial Palace provides a permanent official venue for acts requiring the formal presence and representation of the State.

Its constitutional purposes are:

to provide an established site for the ceremonial exercise of public authority;

to maintain continuity in the official forms through which state offices are constituted and publicly represented;

to separate ceremonial functions from daily political and administrative operations;

to preserve an official setting for constitutional oaths, proclamations, commemorations, installations, and acts of national observance;

to provide a protocol venue for the reception of public authorities, ecclesiastical representatives, Indigenous delegations, academic officers, and authorized foreign representatives;

to preserve the institutional record of ceremonies affecting the continuity, representation, or historical memory of Xaragua.

The Palace represents the constitutional offices and permanent institutions of the State. It is not assigned to the private use, personal residence, political organization, or exclusive representation of any individual officeholder.

III. AUTHORIZED CEREMONIAL FUNCTIONS

The National Ceremonial Palace is reserved for acts of superior state protocol, including:

promulgation ceremonies for constitutional instruments;

public reading of supreme decrees and national declarations;

installation and investiture of the Rector-President;

administration of constitutional oaths;

presentation of letters of appointment and official commissions;

investiture of ministers, magistrates, senior officers, university authorities, and other constitutional officials;

reception of Indigenous authorities and territorial delegations;

reception of ecclesiastical authorities and authorized religious representatives;

reception of diplomatic, academic, humanitarian, and institutional delegations;

national commemorations and official memorial observances;

presentation of state decorations, distinctions, and institutional honors;

ceremonies relating to the continuity of constitutional authority;

official observances concerning the capital, territory, historical institutions, and national archives;

state funerals and official memorial services when authorized by the Rector-President;

ceremonies marking the opening or conclusion of major constitutional, academic, or territorial proceedings;

such other high ceremonial acts as may be expressly authorized by rectoral decree or protocol order.

No activity acquires official state status solely because it occurs within the Palace. Every state ceremony must be convened, authorized, or recognized by the competent authority.

IV. EXCLUDED FUNCTIONS

The National Ceremonial Palace shall not serve as:

the ordinary office of the Rector-President;

the permanent meeting place of the Council of Government;

a ministry or administrative department;

a political-party headquarters;

a campaign office;

a financial or banking institution;

a court exercising ordinary jurisdiction;

a military command center;

a police station or detention facility;

a commercial venue;

a private residence;

a general conference center;

a site for routine administrative meetings;

a repository for ordinary ministerial files;

a place for the negotiation or management of daily governmental business.

No ministerial administration, electoral organization, partisan management, financial transaction, procurement procedure, personnel administration, or routine governmental operation shall be conducted there under the institutional designation of the Palace.

This separation preserves the distinction between the continuous ceremonial representation of the State and the temporary political or administrative activities of a government.

V. RELATION TO THE CATHEDRAL OF SAINT JOHN THE BAPTIST

The National Ceremonial Palace is institutionally located within the historic Cathedral of Saint John the Baptist in Miragoâne.

The cathedral’s religious identity and the Palace’s state-ceremonial designation constitute distinct but coordinated functions. Religious worship, liturgical administration, ecclesiastical discipline, and pastoral use remain subject to the competent ecclesiastical order applicable to the cathedral.

The ceremonial institutions of Xaragua may use the designated space for authorized acts involving:

constitutional oaths;

official blessings;

memorial observances;

ceremonies of investiture;

national commemorations;

formal acts requiring both civil protocol and religious observance.

The state-ceremonial designation shall be administered in a manner that preserves the architectural integrity, liturgical functions, historical character, and established religious use of the site.

The Palace shall not be represented as an executive occupation of the cathedral. Its status is that of an official ceremonial institution operating through a historically designated venue within the constitutional capital.

VI. CEREMONIAL AUTHORITY

The Rector-President is the supreme authority for ceremonies conducted under the institutional designation of the National Ceremonial Palace.

The Rector-President may:

convene state ceremonies;

determine the constitutional or protocol rank of an event;

approve the list and order of participants;

authorize the use of state insignia;

designate officiating and protocol authorities;

approve the official text of oaths, proclamations, citations, and commemorative declarations;

determine the ceremonial precedence of public officers;

authorize admission of delegations and official guests;

order the creation of an official archival record;

delegate ceremonial functions to a competent officer.

No person or institution may convene an event in the name of the National Ceremonial Palace without authorization from the Office of the Rector-President or an authority expressly delegated for that purpose.

VII. DIRECTORATE OF STATE CEREMONIAL AND PROTOCOL

The Directorate of State Ceremonial and Protocol shall administer the institutional and procedural functions of the Palace.

Its responsibilities shall include:

preparation of the official ceremonial calendar;

verification of legal authority for each ceremony;

preparation of the order of proceedings;

administration of precedence;

coordination with ecclesiastical authorities responsible for the cathedral;

control of invitations and accreditation;

management of state insignia, flags, seals, and ceremonial objects;

coordination of security and access;

preservation of ceremony registers;

transmission of authenticated records to the General Archives of the State;

preparation of official notices, programs, and protocol instructions;

protection of the institutional character of the site.

The Directorate shall possess no independent power to create constitutional offices, confer legal authority, alter succession, promulgate legislation, or issue state appointments.

VIII. CEREMONIAL PRECEDENCE

Ceremonies conducted within the National Ceremonial Palace shall observe an official order of precedence established by constitutional law, rectoral decree, or protocol regulation.

Unless otherwise determined for a specific ceremony, precedence shall distinguish among:

the Rector-President;

the Governor-General;

the senior constitutional authorities of the State;

the competent ecclesiastical authority;

heads of courts and judicial institutions;

ministers and senior executive officers;

senior military and security officers;

authorities of the University of Xaragua;

Indigenous and territorial authorities;

accredited foreign, diplomatic, or institutional representatives;

recipients of state distinctions;

other invited participants.

Ceremonial precedence regulates protocol only. It shall not modify the substantive constitutional competence of any office.

IX. OFFICIAL OATHS AND INVESTITURES

An oath administered at the National Ceremonial Palace shall have legal effect only when:

the office or function has been lawfully established;

the person has been appointed, elected, designated, or admitted by the competent authority;

the prescribed oath has been administered by an authorized officer;

the act has been entered in the appropriate register;

the oath and appointment have been authenticated in accordance with Xaraguayan law.

The Palace provides the ceremonial setting for the assumption of office. It does not itself create the legal authority being assumed.

Every investiture shall be recorded by an official instrument identifying:

the office;

the legal basis of appointment;

the appointing authority;

the person invested;

the text of the oath;

the date and place of investiture;

the presiding authority;

the witnesses or attending officials;

the archival reference assigned to the act.

X. PROCLAMATIONS AND CONSTITUTIONAL ACTS

A constitutional law, decree, proclamation, or declaration may be ceremonially presented or read at the National Ceremonial Palace.

The legal validity of the instrument shall derive from its adoption, signature, authentication, promulgation, registration, and publication under the applicable law. Its ceremonial presentation at the Palace shall provide public and institutional confirmation of the act but shall not replace the required legal formalities.

The Directorate of State Ceremonial and Protocol shall transmit the official record of every such ceremony to:

the Office of the Rector-President;

the General Archives of the State;

the competent constitutional register;

the Official Gazette, where publication is required.

XI. NATIONAL COMMEMORATIONS

The Palace may host commemorations concerning:

the Indigenous political order of Xaragua;

the history of Miragoâne;

the foundation and constitutional organization of the State;

the Haitian Revolution and national independence;

the southern constitutional tradition;

the Liberal insurrection and siege of Miragoâne of 1883–1884;

deceased heads of state, public officers, soldiers, educators, religious authorities, and national figures;

disasters, conflicts, and events of national consequence;

the establishment of major institutions of Xaragua;

official days of national observance.

Each commemoration shall be conducted under a written protocol identifying its legal or institutional basis, purpose, presiding authority, order of proceedings, and archival classification.

XII. STATE SYMBOLS AND CEREMONIAL INSIGNIA

The authorized symbols of Xaragua may be displayed within the Palace during official ceremonies.

These may include:

the flag of Xaragua;

the coat of arms of Xaragua;

the official seal of the Rector-President;

the capital insignia of Miragoâne;

flags or emblems of participating public institutions;

authorized Indigenous, ecclesiastical, academic, military, or territorial insignia;

official decorations and ceremonial objects.

The form, positioning, order, custody, and use of such symbols shall be prescribed by state protocol.

Unauthorized alteration, commercial use, partisan appropriation, or unofficial reproduction of ceremonial insignia within the Palace is prohibited.

XIII. ACCESS AND USE

Access to the Palace for a state ceremony shall be governed by official invitation, accreditation, assigned institutional function, or public-access authorization.

The competent protocol authority may establish:

restricted ceremonial zones;

seating according to precedence;

areas reserved for public officers;

areas reserved for ecclesiastical and Indigenous authorities;

areas assigned to invited delegations;

controlled areas for archives, insignia, and ceremonial objects;

security and emergency-access requirements;

media and recording positions.

No political organization, private association, commercial body, or individual possesses an automatic right to use the Palace under its national designation.

XIV. POLITICAL NEUTRALITY OF THE CEREMONIAL INSTITUTION

The National Ceremonial Palace represents the continuity of the State and shall not be administered as an instrument of ordinary partisan activity.

The following are excluded:

electoral campaigning;

party conventions;

candidate endorsements;

partisan fundraising;

campaign-media production;

internal party disputes;

political commercial advertising;

use of the Palace’s designation to imply state endorsement of a private candidacy or organization.

This provision does not prevent constitutionally established political authorities or party officers from attending state ceremonies in their official capacity.

XV. ARCHIVAL RECORD

Every ceremony of constitutional, national, or institutional significance shall receive an official archival reference.

The record may include:

the convening instrument;

the official program;

the list of participants;

the order of precedence;

the text of oaths and proclamations;

signed registers;

official photographs and audiovisual records;

descriptions of state insignia used;

protocol reports;

security and access records where required;

the final certificate of completion.

The General Archives of the State shall preserve the authoritative record. The Directorate of State Ceremonial and Protocol shall retain the operational copy.

XVI. CONTINUITY DURING UNAVAILABILITY OF THE SITE

Temporary unavailability of the Cathedral of Saint John the Baptist because of worship requirements, restoration, structural risk, emergency, natural disaster, security conditions, or other operational necessity shall not terminate the National Ceremonial Palace as an institution.

The Rector-President may designate a provisional ceremonial site by written instrument.

Such designation shall:

identify the reason for temporary relocation;

specify the ceremony or period concerned;

preserve the precedence and protocol applicable to the Palace;

require transmission of the record to the General Archives of the State;

terminate automatically upon the expiration of the stated authorization or restoration of the principal site.

A provisional venue shall not acquire permanent capital or palace status solely by hosting a state ceremony.

XVII. PROTECTION OF THE DESIGNATION

The title National Ceremonial Palace of Xaragua is an official institutional designation.

It shall not be used to identify:

a private residence;

a political headquarters;

a commercial enterprise;

an entertainment venue;

an unauthorized religious body;

an external organization;

a building or institution not designated by competent state authority.

Official publications shall distinguish the National Ceremonial Palace from the Office of the Rector-President, the seat of government, the General Archives of the State, and the administrative institutions of Xaragua.

XVIII. INSTITUTIONAL DOCTRINE

The National Ceremonial Palace gives formal expression to the permanent offices and constitutional continuity of Xaragua.

Its institutional doctrine is governed by the following principles:

state ceremony is distinct from daily administration;

public office is distinct from the individual temporarily occupying it;

constitutional authority must be recorded through prescribed acts, oaths, appointments, and registers;

national representation must be exercised through an established order of protocol;

ceremonies of state must possess a defined legal basis and an authenticated archival record;

the ceremonial institution serves the continuity of the State and not the personal administration of an officeholder;

the use of a historic religious site establishes a coordinated ceremonial venue without merging ecclesiastical administration with ordinary civil government;

Miragoâne remains the constitutional jurisdiction to which the Palace and its official acts are attributed.

XIX. OFFICIAL DEFINITION

For all constitutional, administrative, archival, academic, and protocol purposes, the National Ceremonial Palace of Xaragua is defined as:

The permanent national institution responsible for providing the official ceremonial setting in which the constitutional authority, continuity, offices, commemorations, distinctions, and representative acts of the Sovereign Catholic Indigenous and Private State of Xaragua are formally presented, witnessed, authenticated, and entered into the historical record.

It is not an organ of daily government.

It does not exercise general administrative jurisdiction.

It does not replace the Office of the Rector-President, the ministries, the courts, the University of Xaragua, the Indigenous Bank of Xaragua, or the General Archives of the State.

Its exclusive function is the regulated ceremonial representation of the State.

OFFICIAL STATUS

Institution: National Ceremonial Palace of Xaragua

Location: Cathedral of Saint John the Baptist, Miragoâne

Constitutional Jurisdiction: Capital Territory of Miragoâne

Primary Function: State Ceremony and National Protocol

Executive Function: None

Administrative Function: Limited to Ceremonial and Protocol Administration

Political-Party Function: None

Commercial Function: None

Archival Authority: General Archives of the State

Supreme Ceremonial Authority: Rector-President of Xaragua

Cayes


SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

GENERAL ARCHIVES OF THE STATE

SUPREME CONSTITUTIONAL DECREE ON THE HISTORICAL STATUS, TERRITORIAL CONTINUITY, METROPOLITAN JURISDICTION, REGIONAL FUNCTIONS, AND PERMANENT DESIGNATION OF LES CAYES AS THE METROPOLIS OF XARAGUA

Official Reference: SCIPS-X/ORP/MET-CAY/2025

Place of Promulgation: Miragoâne, Constitutional Capital of Xaragua

Promulgating Authority: Office of the Rector-President

Archival Depositary: General Archives of the State

Legal Classification: Supreme Metropolitan Organization Act — Historical and Territorial Classification Decree — Grand South Regional Administration Instrument — Constitutional Urban Development Statute

Normative Rank: Supreme Constitutional Instrument of Territorial Organization

Institutional Status: Constitutionally Entrenched — Permanent — Directly Applicable — Binding upon All Authorities and Institutions of Xaragua

Territorial Subject: City of Les Cayes — Arrondissement of Les Cayes — Les Cayes Plain — Southern Metropolitan Region

Constitutional Function: Permanent Metropolis of Xaragua — Principal Urban Center of the Grand South — Regional Administrative, Commercial, Educational, Medical, Judicial, Port, Agricultural, and Logistical Center

PREAMBLE

The Rector-President of the Sovereign Catholic Indigenous and Private State of Xaragua,

Exercising the constituent, constitutional, executive, territorial, administrative, archival, and institutional authority vested in the Office of the Rector-President;

Acting pursuant to the Constitution, foundational acts, territorial statutes, administrative laws, and governmental instruments of Xaragua;

Recognizing Miragoâne as the permanent constitutional capital, principal seat of central government, place of supreme promulgation, and central archival jurisdiction of Xaragua;

Determining that the capital status of Miragoâne and the metropolitan status of Les Cayes constitute separate, complementary, and hierarchically coordinated territorial functions;

Recognizing the Indigenous occupation, settlement, cultivation, navigation, economic use, territorial administration, and political organization of the plain and coastal region now occupied by Les Cayes before the establishment of European colonial government;

Recognizing the historical incorporation of that region into the pre-Columbian political and territorial order of Xaragua;

Taking institutional notice of the Spanish establishment of Salvatierra de la Sabana in 1504, its colonial functions, its association with Diego Velázquez de Cuéllar and Vasco Núñez de Balboa, and its abandonment during the sixteenth century;

Taking institutional notice of the incorporation of the region into the French colony of Saint-Domingue and the official development of Aux Cayes as the principal colonial town, port, administrative jurisdiction, and commercial center of the southern plain;

Recognizing the city’s central position in the revolutionary conflicts of Saint-Domingue, the political and military organization of the South, the command of André Rigaud, the War of the South, the War of Independence, and the constitutional systems established after 1804;

Recognizing the incorporation of Les Cayes into the southern and western republic governed by Alexandre Pétion and its subsequent integration into the reunified national administration;

Recognizing the diplomatic, logistical, military, and international function exercised from Les Cayes in support of Simón Bolívar and the independence movements of Spanish America;

Taking institutional notice of the permanent departmental, military, judicial, customs, agricultural, commercial, educational, and maritime functions exercised by Les Cayes throughout the nineteenth century;

Taking institutional notice of the subjection of Les Cayes to foreign military administration during the United States occupation of 1915–1934 and of the lethal action conducted against demonstrators on 6 December 1929;

Recognizing the present position of Les Cayes as capital of the Department of the South, chief town of the Arrondissement of Les Cayes, principal urban center of the southern peninsula, and regional center for commerce, health, justice, education, transportation, agriculture, port activity, and emergency coordination;

Recognizing the city’s exposure to hurricanes, earthquakes, flooding, coastal hazards, infrastructure interruption, and regional isolation;

Determining that Xaragua requires a permanent metropolitan jurisdiction capable of coordinating urban development, public services, regional infrastructure, higher education, public health, commercial exchange, port operations, agricultural processing, disaster resilience, and territorial integration throughout the Grand South;

Hereby adopts and promulgates the following Supreme Constitutional Decree.

TITLE I — CONSTITUTIONAL DESIGNATION OF THE METROPOLIS

Article 1 — Permanent Metropolitan Designation

Les Cayes is hereby constituted, designated, and confirmed as the permanent metropolis of the Sovereign Catholic Indigenous and Private State of Xaragua.

The metropolitan status established by this Decree constitutes a superior territorial classification within the internal constitutional order of Xaragua.

Les Cayes shall serve as the principal urban, commercial, educational, medical, judicial, agricultural, port, logistical, and technical center of the Grand South.

Article 2 — Nature of Metropolitan Status

Metropolitan status confers upon Les Cayes a coordinated regional function extending beyond the municipal boundaries of the city.

It comprises:

urban planning;

regional public-service concentration;

commercial and market administration;

higher education and professional training;

hospital and medical coordination;

judicial and prosecutorial infrastructure;

port and maritime logistics;

agricultural processing and distribution;

regional transportation;

disaster preparedness and emergency deployment;

economic and technical development;

institutional coordination throughout the Grand South.

Article 3 — Capital and Metropolis

Miragoâne shall remain:

the constitutional capital of Xaragua;

the principal seat of the Rector-President;

the seat of central government;

the place of supreme promulgation;

the central constitutional and archival jurisdiction.

Les Cayes shall serve as:

the permanent metropolis of Xaragua;

the principal metropolitan jurisdiction of the Grand South;

the principal regional concentration of urban services;

the primary commercial, educational, medical, agricultural, maritime, and logistical center of the southern territories.

The designation of Les Cayes as metropolis shall not transfer, divide, suspend, or diminish the constitutional status of Miragoâne.

Article 4 — Constitutional Coordination

The capital and metropolis shall operate through a coordinated territorial system.

Central constitutional authority shall remain seated in Miragoâne. Metropolitan implementation, regional-service coordination, and urban administration shall be concentrated in Les Cayes.

Every institution operating in both jurisdictions shall maintain a clear legal distinction between:

central authority exercised from Miragoâne;

metropolitan and regional functions exercised from Les Cayes.

Article 5 — Protection of Metropolitan Status

No ministry, bureau, public officer, university authority, financial institution, territorial administration, or subordinate body may abolish, transfer, divide, or suspend the metropolitan status of Les Cayes by ordinary administrative action.

Any subordinate instrument inconsistent with this Decree shall be inapplicable within the constitutional order of Xaragua to the extent of that inconsistency.

TITLE II — OFFICIAL NOMENCLATURE AND TERRITORIAL SCOPE

Article 6 — Official Names

The official English-language designation shall be:

LES CAYES

The historical French designation AUX CAYES may be used in historical, archival, academic, and ceremonial instruments.

The Haitian Creole designation OKAY may be used in Creole-language laws, regulations, public services, and official communications.

The Spanish designation SALVATIERRA DE LA SABANA shall be preserved as the official archival name of the sixteenth-century Spanish colonial settlement.

Article 7 — Metropolitan Territory

The Metropolitan Territory of Les Cayes comprises:

the urban jurisdiction of Les Cayes;

the principal continuously developed areas connected to the city;

the port and maritime-access zones;

the principal metropolitan roads and transport corridors;

the central commercial and market areas;

the academic, medical, judicial, administrative, technical, and industrial zones;

the urban-agricultural interface of the Les Cayes plain;

all additional territory incorporated by a subsequent metropolitan-delimitation instrument.

Article 8 — Metropolitan Region

The Southern Metropolitan Region shall constitute a functional planning and coordination jurisdiction connecting Les Cayes with:

surrounding communes;

the agricultural plain;

the Department of the South;

the wider Grand South;

Île-à-Vache;

adjoining coastal settlements;

regional ports and landing facilities;

principal road, aviation, maritime, communications, energy, and water infrastructure.

Article 9 — Delimitation

The Metropolitan District shall be delimited by a separate territorial instrument containing:

geographic coordinates;

cadastral descriptions;

boundary maps;

road and coastal reference points;

public-property records;

infrastructure zones;

protected historical and environmental sites.

TITLE III — PRE-COLUMBIAN TERRITORIAL ORDER

Article 10 — Indigenous Occupation

Before 1492, the territory now occupied by Les Cayes formed part of the inhabited and politically organized Indigenous geography of southwestern Hispaniola.

The territorial system included:

permanent and seasonal settlements;

cultivated land;

freshwater sources;

fishing zones;

coastal-resource areas;

canoe routes;

inland routes;

community jurisdictions;

political relations among local authorities;

systems governing production, exchange, defense, and collective obligations.

Article 11 — Geographic Basis

The Les Cayes plain provided the material basis for substantial Indigenous occupation through:

extensive cultivable land;

access to freshwater;

coastal fisheries;

navigable maritime approaches;

access to surrounding mountain systems;

communication with Île-à-Vache and neighboring territories;

overland routes across the southern peninsula.

These conditions supported organized settlement, food production, exchange, transportation, and territorial administration.

Article 12 — Incorporation into Xaragua

At the end of the fifteenth century, the region formed part of the southern and western political geography associated with the cacicazgo of Xaragua.

The Xaragua political order exercised authority through:

cacical government;

subordinate local leadership;

territorial obligations;

agricultural production;

distribution and exchange;

maritime and overland communications;

intercommunity relations;

defense;

political and ceremonial administration.

Article 13 — Pre-Columbian Functions

The pre-Columbian functions of the region are officially classified as:

territorial, through Indigenous occupation and jurisdiction;

political, through incorporation into Xaragua;

residential, through organized settlement;

agricultural, through cultivation of the plain;

maritime, through navigation, fisheries, and connection with offshore territories;

economic, through production and exchange;

communications-based, through coastal and inland routes;

defensive, through control of the southwestern approaches.

Article 14 — Priority of Indigenous Authority

The Indigenous order shall be recorded as the earliest organized territorial authority applicable to the region.

Spanish and French institutions constitute subsequent colonial administrations. They shall not be classified as the origin of occupation, society, production, territorial identity, or political organization in Les Cayes.

TITLE IV — SPANISH COLONIAL PERIOD

Article 15 — Establishment of Spanish Authority

Spanish intervention after 1492 imposed a colonial jurisdiction based upon:

royal territorial claims;

military enforcement;

compulsory labor;

tribute collection;

seizure and redistribution of land;

colonial missionary administration;

mineral, agricultural, and livestock production;

suppression or subordination of Indigenous institutions.

Article 16 — Establishment of Salvatierra de la Sabana

In 1504, Spanish authorities established the settlement of Salvatierra de la Sabana within the southwestern region of Hispaniola.

Its establishment is associated with Diego Velázquez de Cuéllar and other colonists acting during the administration of Governor Nicolás de Ovando.

Salvatierra constituted an instrument for the extension of Spanish royal jurisdiction into the former territorial system of Xaragua.

Article 17 — Functions of Salvatierra

The settlement exercised or was intended to exercise:

municipal colonial administration;

territorial occupation;

supervision of Indigenous populations;

allocation of land and labor;

agricultural and livestock production;

military presence;

communication with other Spanish settlements;

enforcement of royal authority in the southwest.

Article 18 — Diego Velázquez de Cuéllar

Diego Velázquez de Cuéllar participated in the establishment and organization of Salvatierra before becoming a principal official of Spanish colonial expansion in Cuba.

His presence connects the Les Cayes region to the first phase of Spanish municipal and military organization in the Caribbean.

Article 19 — Vasco Núñez de Balboa

Vasco Núñez de Balboa resided at Salvatierra and attempted to maintain agricultural and livestock holdings there.

His activity is classified as participation in the productive and territorial organization of the Spanish colonial settlement.

His subsequent departure for the Darién connected Salvatierra to the movement of Spanish personnel from Hispaniola toward continental expansion.

Article 20 — Abandonment of Salvatierra

Salvatierra failed to develop into a permanent major Spanish center and was abandoned by approximately 1540.

Its decline was associated with:

demographic collapse;

limited colonial investment;

relocation of settlers and officials;

transfer of imperial priorities to Cuba and continental America;

contraction of Spanish administration in western Hispaniola;

concentration of authority elsewhere.

Article 21 — Legal Classification of Abandonment

The abandonment of Salvatierra terminated the effective operation of that Spanish municipal establishment.

It did not terminate:

the territorial identity of the region;

Indigenous historical priority;

the agricultural capacity of the plain;

the maritime value of the coast;

the continuity of habitation and economic use.

Salvatierra constitutes a defined colonial-administrative period within the longer territorial history of Les Cayes.

TITLE V — TRANSITION TO FRENCH ADMINISTRATION

Article 22 — Decline of Spanish Control

Spanish control over western and southwestern Hispaniola weakened during the sixteenth and seventeenth centuries because of:

depopulation;

relocation of colonial resources;

contraband trade;

maritime incursions;

the Devastations of Osorio;

expansion of French settlement from Tortuga and the western coast.

Article 23 — French Incorporation

The Treaty of Ryswick of 1697 formalized Spanish recognition of French possession in western Hispaniola.

The region was incorporated into Saint-Domingue and subjected to French colonial law governing:

land concessions;

plantation production;

enslavement;

customs;

port administration;

taxation;

military jurisdiction;

racial legal classification.

TITLE VI — AUX CAYES UNDER FRENCH COLONIAL ADMINISTRATION

Article 24 — Establishment of the French Town

The French town of Aux Cayes developed during the early eighteenth century as the principal urban and maritime center of the southern plain.

In 1720, French royal authority approved the establishment and planning of the town within the Plaine du Fond.

Aux Cayes constituted a new French colonial town within the same broader territorial system previously occupied by Indigenous communities and later administered through Salvatierra de la Sabana.

Article 25 — Urban Delimitation

Historical descriptions place the colonial town between:

the sea to the south;

its northern urban boundary;

the mouth of the Islet River to the east;

the Cayes River to the west.

The planned settlement established streets, administrative zones, commercial areas, military facilities, residences, and connections with the port and surrounding plantations.

Article 26 — Colonial Urban Functions

Aux Cayes exercised the following functions:

port administration;

customs collection;

judicial administration;

military command;

commercial exchange;

storage and exportation;

importation of persons, goods, equipment, and supplies;

supervision of surrounding plantations;

communication with other ports of Saint-Domingue and the Caribbean.

Article 27 — Plantation Economy

The economy of the Les Cayes plain was reorganized through:

plantation concessions;

compulsory labor by enslaved Africans and their descendants;

production for external markets;

commercial regulation;

customs administration;

racial classification of legal status;

military enforcement of plantation discipline.

The port connected southern agricultural production with the Atlantic colonial economy.

Article 28 — Regional Administrative Status

Aux Cayes acquired a regional function extending beyond the town because it coordinated:

the southern agricultural hinterland;

port and customs operations;

maritime transport;

military defense;

colonial justice;

fiscal administration;

movement of officials, merchants, soldiers, labor, and merchandise.

Article 29 — Hurricanes of 1781 and 1788

The hurricanes of 1781 and 1788 severely affected Aux Cayes.

The events damaged:

public and private buildings;

port facilities;

warehouses;

plantations;

roads;

supply networks.

The reconstruction of the town confirmed its continuing administrative, economic, and military importance.

TITLE VII — REVOLUTIONARY GOVERNMENT AND THE WAR OF THE SOUTH

Article 30 — Revolutionary Reorganization

The uprising initiated in August 1791 destroyed the stable operation of the colonial labor and governmental system.

The conflict involved enslaved insurgents, free persons of color, White colonial factions, French republican authorities, foreign forces, and competing military administrations.

Article 31 — Aux Cayes as a Seat of Southern Authority

Aux Cayes became a principal political, military, customs, commercial, and administrative center of the South.

Control of the city provided:

a port;

customs revenue;

military supplies;

access to the southern plain;

communications with foreign jurisdictions;

authority over surrounding settlements;

a seat for civil and military administration.

Article 32 — André Rigaud and the Southern Command

André Rigaud established an organized southern military and political command supported by the regional officer corps, free persons of color, military units, local administrations, plantations, ports, and commercial resources.

Les Cayes and its plain formed a principal territorial base of this southern authority.

Article 33 — War of the South

The War of the South, fought from 1799 to 1800, concerned:

supreme military command;

territorial jurisdiction;

control of ports and customs;

composition of the civil administration;

status of the southern officer corps;

allocation of public functions;

administration of agricultural production.

The defeat of Rigaud transferred effective control of Les Cayes and the South to Toussaint Louverture.

Article 34 — War of Independence

The French expedition of 1802 sought to restore metropolitan control over Saint-Domingue.

The South became a theater of operations involving French forces, local commands, revolutionary armies, and populations opposing the restoration of colonial authority.

The defeat of French forces and the proclamation of independence on 1 January 1804 terminated French sovereignty over Les Cayes.

Article 35 — Independent State Jurisdiction

Following independence, Les Cayes was incorporated into the state established under Jean-Jacques Dessalines.

The city retained its position as:

a southern administrative center;

a military jurisdiction;

a port and customs center;

an agricultural market;

a point of international communication;

a regional center of public authority.

TITLE VIII — SOUTHERN REPUBLIC AND NATIONAL REUNIFICATION

Article 36 — Constitutional Division of 1806

Following the death of Dessalines, Les Cayes formed part of the southern and western republic governed by Alexandre Pétion.

The city was incorporated into a republican order supported by the southern military, political, commercial, and professional sectors.

Article 37 — Functions Under the Southern Republic

Les Cayes exercised:

regional civil administration;

military command;

port administration;

customs collection;

judicial authority;

commercial distribution;

agricultural coordination;

external maritime communication.

Article 38 — Reunification Under Boyer

The reunification of the northern and southern governments was completed under Jean-Pierre Boyer in 1820.

Les Cayes was incorporated into the reunified national administration while retaining its position as the principal city and port of the South.

TITLE IX — LES CAYES AND SPANISH-AMERICAN INDEPENDENCE

Article 39 — Reception of Simón Bolívar

Simón Bolívar arrived at Les Cayes in December 1815 following military reversals in Spanish America.

The city served as the principal Haitian jurisdiction for the reorganization of his republican expedition to Venezuela.

Article 40 — State Assistance

Under President Alexandre Pétion, Haitian support included:

political protection;

financial resources;

weapons and matériel;

maritime assistance;

supplies;

authorization to assemble personnel;

access to printing and communications;

use of Les Cayes as a protected base of departure.

Article 41 — Operational Functions of Les Cayes

Les Cayes provided:

port access;

assembly of officers and supporters;

storage and loading of supplies;

preparation of vessels;

political coordination;

expeditionary planning;

maritime departure toward Spanish America.

Article 42 — Emancipation Requirement

Haitian assistance was connected to the requirement that slavery be abolished in territories brought under republican authority.

The expeditions organized from Les Cayes consequently linked Haitian state policy, military assistance, anticolonial independence, and emancipation in Spanish America.

Article 43 — International Classification

The city’s role is classified as an early exercise of southern Haitian external policy.

Les Cayes functioned as:

a jurisdiction of political asylum;

a center for organizing a foreign independence expedition;

a port of republican departure;

a platform for Haitian material and military assistance;

a point of transmission of Haitian anticolonial policy;

a connection between the Haitian state and the emerging republics of Latin America.

TITLE X — NINETEENTH-CENTURY PUBLIC ADMINISTRATION

Article 44 — Permanent Regional Functions

Throughout the nineteenth century, Les Cayes remained a principal center of:

departmental government;

military command;

judicial administration;

customs collection;

maritime commerce;

agricultural distribution;

political organization;

education and professional activity.

Article 45 — Strategic Value of the Port

Because public finance depended substantially upon customs revenue, the Port of Les Cayes possessed direct fiscal, political, and military importance.

Control of the port provided access to:

public revenue;

imports and exports;

military supplies;

external communications;

movement of officials;

regional provisioning;

maritime transportation.

Article 46 — Regional Political Capacity

The institutional importance of Les Cayes resulted from the concentration of:

customs and port administration;

a professional and commercial class;

agricultural production;

military facilities;

regional political networks;

judicial and educational institutions;

urban public services.

TITLE XI — FOREIGN OCCUPATION AND THE EVENTS OF 1929

Article 47 — United States Occupation

The United States military occupation of Haiti commenced in 1915 and continued until 1934.

Major state functions were placed under foreign control or supervision, including:

customs;

public finances;

security institutions;

infrastructure;

territorial administration;

agricultural and technical services.

Article 48 — Administrative Effects upon Les Cayes

Les Cayes was incorporated into the centralized military, fiscal, customs, road, and agricultural system of the occupation.

Its regional and port functions remained operational but were subordinated to occupation authorities and the administrative structures established under their supervision.

Article 49 — Protest Movement of 1929

Opposition to occupation policy intensified in Les Cayes during December 1929.

The mobilization included students, agricultural workers, local residents, and persons opposing:

economic conditions;

occupation administration;

restrictions upon national political authority;

policies implemented through the agricultural and technical services.

Article 50 — Events of 6 December 1929

On 6 December 1929, United States Marines fired upon demonstrators at Les Cayes.

The operation caused multiple deaths and injuries.

The event is classified as:

an exercise of foreign military force against a civilian demonstration;

a principal event in national opposition to occupation;

a matter of governmental and diplomatic responsibility;

a permanent component of the civic and political history of Les Cayes.

Article 51 — Institutional Consequences

The events increased scrutiny of occupation policy and contributed to demands for investigation, political reform, restoration of national control, and foreign withdrawal.

Within the historical doctrine of Xaragua, Les Cayes is recorded as a principal southern jurisdiction of resistance to foreign military and administrative authority.

TITLE XII — MODERN DEPARTMENTAL AND ECONOMIC STATUS

Article 52 — Capital of the Department of the South

Les Cayes is the capital of the Department of the South and the chief town of the Arrondissement of Les Cayes.

Its departmental functions include:

public administration;

courts and prosecution;

police coordination;

civil registration;

education administration;

public health;

taxation and customs;

emergency management;

electoral administration;

intermunicipal coordination.

Article 53 — Principal Urban Center of the Grand South

Les Cayes constitutes the principal urban concentration of the southern peninsula.

Its institutions and services support populations extending throughout:

the Department of the South;

Nippes;

Grand’Anse;

adjoining inland and coastal jurisdictions;

Île-à-Vache and neighboring maritime territories.

Article 54 — Metropolitan Economy

The metropolitan economy includes:

wholesale and retail trade;

agricultural markets;

port activity;

road and maritime transport;

warehousing;

construction;

mechanical and repair services;

professional and financial services;

education and health services;

accommodation and food services;

agricultural processing;

fisheries and coastal commerce.

TITLE XIII — AGRICULTURAL AND PORT METROPOLIS

Article 55 — Agricultural Coordination

Les Cayes shall constitute the principal urban interface between the metropolitan economy and the agricultural territories of the Grand South.

Priority sectors shall include:

vetiver;

coffee;

sugarcane;

fruit production;

food crops;

livestock;

fisheries;

food processing;

storage and cold-chain systems;

agricultural equipment;

export preparation.

Article 56 — Vetiver Sector

The Les Cayes region is classified as an internationally significant area of vetiver production.

Metropolitan policy shall provide for:

producer registration;

quality standards;

traceability;

distillation capacity;

storage;

contractual regulation;

export documentation;

local processing;

protection of cultivated land;

environmental management.

Article 57 — Port Classification

The Port of Les Cayes is classified as strategic metropolitan infrastructure.

Its authorized functions shall include:

coastal and international shipping;

passenger movement;

importation and exportation;

agricultural logistics;

fisheries support;

connection with Île-à-Vache;

emergency supply;

maritime search and rescue;

disaster-response operations;

integration with the road network of the Grand South.

Article 58 — Logistics Jurisdiction

The metropolitan logistics system shall coordinate:

port facilities;

road terminals;

warehouses;

wholesale markets;

agricultural collection centers;

cold storage;

customs services;

emergency reserves;

maritime and aviation connections;

communications infrastructure.

TITLE XIV — EDUCATION, HEALTH, JUSTICE, AND PUBLIC SERVICES

Article 59 — Educational Center

Les Cayes is designated as the principal regional center for secondary education, higher education, technical instruction, professional training, and applied research in the Grand South.

Priority fields shall include:

public administration;

law and justice;

agriculture;

maritime services;

engineering and construction;

public health;

emergency management;

teacher training;

commerce and accounting;

territorial and environmental management.

Article 60 — Health Center

Les Cayes shall constitute the principal regional concentration of:

hospital services;

emergency medicine;

diagnostics;

surgery;

maternal and pediatric care;

pharmaceuticals;

rehabilitation;

epidemiological surveillance;

medical evacuation coordination;

public-health administration.

Article 61 — Judicial Center

Les Cayes shall serve as a principal southern judicial and prosecutorial center.

Its judicial infrastructure shall support:

civil jurisdiction;

criminal jurisdiction;

commercial disputes;

land and property matters;

family matters;

administrative proceedings;

legal archives;

court security;

authorized detention facilities.

Article 62 — Regional Public Services

State and metropolitan authorities shall coordinate:

civil registration;

public records;

taxation;

licensing;

land administration;

public works;

sanitation;

water and drainage;

energy systems;

emergency communications;

solid-waste administration;

transportation services.

TITLE XV — DISASTER RISK AND METROPOLITAN CONTINUITY

Article 63 — Permanent Risk Classification

Les Cayes is subject to:

hurricanes;

flooding;

storm surge;

earthquakes;

coastal erosion;

landslides;

interruption of transport corridors;

failure of water, energy, and communications systems.

These risks shall constitute mandatory considerations in every metropolitan plan.

Article 64 — Hurricane Matthew

Hurricane Matthew made landfall in southwestern Haiti on 4 October 2016 and caused extensive damage in Les Cayes and the Grand South.

The affected systems included:

housing;

hospitals;

schools;

roads and bridges;

telecommunications;

agriculture;

electricity and water;

port and coastal facilities;

public administration.

Article 65 — Earthquake of 14 August 2021

The earthquake of 14 August 2021 caused extensive deaths, injuries, structural collapse, displacement, and infrastructure damage across the southern peninsula, including Les Cayes.

The event established the necessity of:

seismic construction standards;

mandatory structural inspection;

hospital redundancy;

emergency shelters;

medical evacuation capacity;

protected archives;

distributed communications;

continuity-of-government facilities.

Article 66 — Metropolitan Resilience Standards

Metropolitan planning shall incorporate:

seismic zoning;

hurricane-resistant construction;

drainage and flood control;

coastal protection;

protected water reserves;

decentralized energy production;

emergency food and medical reserves;

redundant communications;

evacuation corridors;

port and airport emergency access;

protected archives;

alternate sites for critical public services.

TITLE XVI — METROPOLITAN GOVERNMENT

Article 67 — Metropolitan Competence

The Metropolitan Authority of Les Cayes shall coordinate, subject to the Constitution and applicable laws:

urban planning;

transportation;

commerce and markets;

sanitation;

water and drainage;

port and coastal access;

public-health infrastructure;

higher education coordination;

regional logistics;

public-safety coordination;

disaster preparedness;

economic development;

environmental protection;

metropolitan data and statistics.

Article 68 — Metropolitan District

A Metropolitan District of Les Cayes shall be established by implementing statute or rectoral decree.

The establishing instrument shall determine:

boundaries;

governing authority;

institutional representation;

planning powers;

public-property administration;

financing;

infrastructure competence;

relations with communes and departments;

reporting requirements;

audit and financial control;

emergency powers;

administrative remedies.

Article 69 — Metropolitan Authority

The Metropolitan Authority shall act under the constitutional supervision of the Office of the Rector-President.

It shall possess only the powers expressly conferred by law and shall remain accountable through:

annual administrative reporting;

financial statements;

infrastructure registers;

public procurement records;

audit procedures;

archival deposit;

review by the competent authorities of Xaragua.

Article 70 — Metropolitan Register

The General Archives of the State shall maintain a Metropolitan Register containing:

this Decree;

implementing instruments;

official maps;

boundary descriptions;

institutional registers;

public-property records;

infrastructure plans;

demographic and economic records;

disaster plans;

historical documentation;

annual metropolitan reports.

TITLE XVII — CAPITAL–METROPOLIS AXIS

Article 71 — Constitutional Hierarchy

Miragoâne shall remain the constitutional capital and seat of the central authority of Xaragua.

Les Cayes shall serve as the metropolitan jurisdiction responsible for the concentration and coordination of regional urban, commercial, educational, medical, agricultural, port, and logistical functions.

Article 72 — Miragoâne–Les Cayes Corridor

The Miragoâne–Les Cayes axis is designated as a primary corridor of constitutional, administrative, economic, and territorial integration.

The corridor shall support:

movement of state officers;

road and communications continuity;

transmission of official records;

agricultural and commercial transport;

emergency deployment;

academic coordination;

medical referrals;

financial and administrative services;

integration of Nippes with the Department of the South.

Article 73 — Institutional Distribution

Institutions may maintain offices in both Miragoâne and Les Cayes.

Such distribution shall preserve:

the constitutional supremacy of the capital;

the metropolitan competence of Les Cayes;

clear delegation of authority;

unified state registers;

continuity of archival and administrative responsibility.

TITLE XVIII — HISTORICAL AND ARCHIVAL ADMINISTRATION

Article 74 — Permanent Historical Program

The General Archives of the State and the University of Xaragua shall maintain a permanent documentary program concerning:

Indigenous occupation of the Les Cayes plain;

the pre-Columbian political order of Xaragua;

Salvatierra de la Sabana;

Diego Velázquez de Cuéllar;

Vasco Núñez de Balboa;

the abandonment of the Spanish settlement;

the establishment and development of Aux Cayes;

the plantation, customs, and port system;

the Haitian Revolution;

André Rigaud and the War of the South;

independence and the southern republic;

Pétion, Bolívar, and the Les Cayes expeditions;

nineteenth-century public administration;

the United States occupation;

the events of December 1929;

agricultural and maritime development;

hurricanes and earthquakes;

the designation of Les Cayes as metropolis.

Article 75 — Historical-Site Register

The competent authorities shall identify and register sites associated with:

pre-Columbian occupation;

Salvatierra de la Sabana;

colonial Aux Cayes;

revolutionary and independence administration;

the southern command;

the Bolívar expeditions;

resistance to foreign occupation;

historical port infrastructure;

major public, educational, military, and religious buildings;

disaster history.

Article 76 — Archival Authority

The copy of this Decree deposited in the General Archives of the State, bearing its official reference, signature, date, and seal, shall constitute the authoritative state text.

Certified reproductions and authenticated digital copies shall possess the evidentiary status assigned by the laws of Xaragua.

TITLE XIX — OFFICIAL USE, IMPLEMENTATION, AND ENTRENCHMENT

Article 77 — Official Formula

All authorities of Xaragua are authorized to use the following designation:

LES CAYES — PERMANENT METROPOLIS OF THE SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

The formula may appear on:

official acts;

maps;

registers;

institutional websites;

academic publications;

metropolitan plans;

economic instruments;

port and transport documents;

state correspondence;

public signage.

Article 78 — Implementing Authority

The Office of the Rector-President shall possess primary authority to adopt all regulations, territorial instruments, appointments, metropolitan plans, administrative orders, and institutional measures necessary to implement this Decree.

Article 79 — Institutional Compliance

Every institution of Xaragua shall align its:

official terminology;

territorial descriptions;

maps;

registers;

development plans;

institutional statutes;

administrative publications

with the metropolitan status established herein.

Article 80 — Constitutional Entrenchment

The metropolitan status of Les Cayes shall not be repealed or transferred by implication.

Any amendment shall expressly address:

metropolitan continuity;

territorial jurisdiction;

regional public services;

institutional relocation;

archival preservation;

infrastructure consequences;

financial consequences;

the constitutional relationship with Miragoâne.

Article 81 — Continuity During Emergency

Natural disaster, temporary evacuation, infrastructure failure, occupation of premises, interruption of public services, or displacement of an institution shall not terminate the metropolitan status of Les Cayes.

Temporary facilities may be established by competent authority while preserving the legal continuity of the metropolis.

Article 82 — Entry into Force

This Decree shall enter into force upon promulgation.

It shall be entered in:

the Supreme Constitutional Register;

the Territorial Register;

the Metropolitan Register;

the Official Gazette;

the General Archives of the State;

the institutional records of every competent authority.

FINAL CONSTITUTIONAL DETERMINATION

For purposes of the constitutional, territorial, administrative, historical, economic, academic, medical, judicial, agricultural, maritime, and metropolitan order of Xaragua, Les Cayes is hereby recorded and classified as:

a territory occupied and administered before European colonization;

a component of the pre-Columbian political geography of Xaragua;

the region in which Spanish authorities established Salvatierra de la Sabana in 1504;

a territory successively subjected to Spanish and French colonial administration;

the site of Aux Cayes, principal French colonial town and port of the southern plain;

a major jurisdiction of the Haitian Revolution;

a principal territorial base of André Rigaud and the southern command;

a city incorporated into the independent state established in 1804;

a principal city of the southern and western republic governed by Alexandre Pétion;

the operational jurisdiction from which Haitian assistance was provided to Simón Bolívar and the independence movement of Spanish America;

a permanent departmental, military, judicial, customs, agricultural, commercial, and maritime center;

a principal jurisdiction of resistance to the United States occupation, including the events of 6 December 1929;

the capital of the Department of the South and chief town of the Arrondissement of Les Cayes;

the principal urban, commercial, educational, medical, judicial, agricultural, port, and logistical center of the Grand South;

the permanent metropolis of the Sovereign Catholic Indigenous and Private State of Xaragua.

Les Cayes shall exercise its metropolitan functions in constitutional coordination with Miragoâne.

Miragoâne shall remain the permanent constitutional capital and seat of central state authority.

Les Cayes shall remain the permanent metropolitan jurisdiction through which Xaragua organizes the urban, commercial, educational, medical, judicial, agricultural, maritime, logistical, and technical functions of the Grand South.

ISSUED, PROMULGATED, AND ORDERED FOR ARCHIVAL REGISTRATION

By the constitutional authority of the Rector-President

PASCAL DESPUZEAU DAUMEC VIAU

Rector-President of Xaragua

Issued at Miragoâne, Constitutional Capital of Xaragua.

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

GENERAL ARCHIVES OF THE STATE

OFFICIAL METROPOLITAN REGISTER

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

PRINCIPAL HISTORICAL AUTHORITIES

Troy S. Floyd, The Columbus Dynasty in the Caribbean, 1492–1526, University of New Mexico Press, 1973.

Médéric-Louis-Élie Moreau de Saint-Méry, Description topographique, physique, civile, politique et historique de la partie française de l’isle Saint-Domingue.

David Geggus, “The Major Port Towns of Saint-Domingue in the Late Eighteenth Century,” in Franklin W. Knight and Peggy K. Liss, eds., Atlantic Port Cities: Economy, Culture, and Society in the Atlantic World, 1650–1850, University of Tennessee Press, 1991.

John Lynch, Simón Bolívar: A Life, Yale University Press, 2006.

Anthony McFarlane, War and Independence in Spanish America, Routledge, 2014.

Hans Schmidt, The United States Occupation of Haiti, 1915–1934, Rutgers University Press.

United States Department of State, Office of the Historian, “U.S. Invasion and Occupation of Haiti, 1915–1934.”

University of Maryland, A Colony in Crisis: The Saint-Domingue Grain Shortage of 1789, historical record concerning Les Cayes.

Florida International University, Island Luminous, “Pétion and Bolívar.”

Jérémie


SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

GENERAL ARCHIVES OF THE STATE

SUPREME CONSTITUTIONAL DECREE ON THE HISTORICAL STATUS, TERRITORIAL CONTINUITY, WESTERN METROPOLITAN JURISDICTION, REGIONAL FUNCTIONS, AND PERMANENT DESIGNATION OF JÉRÉMIE AS THE WESTERN METROPOLIS OF XARAGUA

Official Reference: SCIPS-X/ORP/MET-JER/2025

Place of Promulgation: Miragoâne, Constitutional Capital of Xaragua

Promulgating Authority: Office of the Rector-President

Archival Depositary: General Archives of the State

Legal Classification: Supreme Western Metropolitan Organization Act — Grande-Anse Territorial Administration Instrument — Historical and Territorial Classification Decree — Constitutional Urban Development Statute

Normative Rank: Supreme Constitutional Instrument of Territorial Organization

Institutional Status: Constitutionally Entrenched — Permanent — Directly Applicable — Binding upon All Authorities and Institutions of Xaragua

Territorial Subject: City of Jérémie — Arrondissement of Jérémie — Department of Grand’Anse — Guacayarima Historical Region — Western Metropolitan Region

Constitutional Function: Western Metropolis of Xaragua — Administrative Center of Grand’Anse — Western Port, Agricultural, Educational, Judicial, Cultural, and Logistical Center

PREAMBLE

The Rector-President of the Sovereign Catholic Indigenous and Private State of Xaragua,

Exercising the constituent, constitutional, executive, territorial, administrative, archival, and institutional authority vested in the Office of the Rector-President;

Acting pursuant to the Constitution, foundational acts, territorial statutes, and governmental instruments of Xaragua;

Recognizing Miragoâne as the permanent constitutional capital and principal seat of central government;

Recognizing Les Cayes as the principal metropolis and central metropolitan jurisdiction of the Grand South;

Determining that Jérémie shall exercise the separate and complementary function of western metropolis, administrative center of Grand’Anse, and principal urban jurisdiction of the western peninsula;

Recognizing the Indigenous occupation, settlement, cultivation, navigation, territorial administration, and political organization of the Grande-Anse region before European colonization;

Recognizing the names Ayiti, Bohío, and Quisqueya in the historical nomenclature applied to the island by or in relation to its Indigenous populations;

Recognizing Xaragua as the pre-Columbian political-territorial order governing the western and southwestern region;

Recognizing Guacayarima as an Indigenous name recorded for the far southwestern territorial region and preserved in early colonial geographical nomenclature;

Taking institutional notice that Spanish records situated the territory within La Española, in the western region described through the names Guacayarima, Cabo Tiburón, and Península de Tiburón, without establishing a documented Spanish municipality at the precise site of the later city of Jérémie;

Taking institutional notice of the later French territorial designation Grande-Anse, the locality known as Trou-Jérémie, and the formal development of the colonial town of Jérémie during the eighteenth century;

Recognizing the incorporation of Jérémie into the plantation, port, customs, judicial, military, and administrative system of Saint-Domingue;

Recognizing the city’s position during the Haitian Revolution, the British occupation, the transfer of authority to André Rigaud, the War of the South, the Leclerc expedition, and the War of Independence;

Recognizing its subsequent incorporation into the independent state, the southern and western republic, the reunified national administration, and successive constitutional governments;

Taking institutional notice of the armed landing conducted by Jeune Haïti in 1964, the security operations subsequently conducted in Jérémie and Grand’Anse, the deaths and detentions reported in connection with those events, and the existence of differing historical accounts concerning their authorization, scope, execution, and classification;

Recognizing the city’s permanent function as capital of the Department of Grand’Anse and chief town of the Arrondissement of Jérémie;

Determining that the western peninsula requires a permanent metropolitan jurisdiction capable of coordinating administration, agriculture, port operations, education, justice, health services, communications, disaster response, and territorial continuity;

Hereby adopts and promulgates the present Supreme Constitutional Decree.

TITLE I — CONSTITUTIONAL DESIGNATION

Article 1 — Permanent Western Metropolitan Status

Jérémie is hereby constituted, designated, and confirmed as the permanent western metropolis of the Sovereign Catholic Indigenous and Private State of Xaragua.

Jérémie shall serve as:

the principal urban center of Grand’Anse;

the western metropolitan jurisdiction of Xaragua;

the principal regional center for administration, justice, education, health, commerce, agriculture, port operations, and logistics;

the principal institutional connection between the central government and the western peninsula;

the western center for disaster preparedness and continuity of public services.

Article 2 — Constitutional Distribution of Territorial Functions

The constitutional distribution of principal urban functions is established as follows:

Miragoâne: constitutional capital and seat of central state authority;

Les Cayes: principal metropolis and primary metropolitan center of the Grand South;

Jérémie: western metropolis and principal regional center of Grand’Anse.

The designation of Jérémie shall not transfer, divide, suspend, or diminish the functions assigned to Miragoâne or Les Cayes.

Article 3 — Metropolitan Competence

The western metropolitan status of Jérémie shall govern:

regional urban planning;

public-service concentration;

departmental and intermunicipal coordination;

agricultural processing and distribution;

port and coastal logistics;

health and emergency services;

judicial infrastructure;

higher education and professional training;

communications and transportation;

environmental administration;

disaster resilience;

historical and archival preservation.

Article 4 — Protection of Status

No subordinate authority may abolish, transfer, suspend, or reclassify the western metropolitan status of Jérémie through an ordinary administrative act.

Any subordinate instrument inconsistent with this Decree shall be inapplicable within the constitutional order of Xaragua to the extent of the inconsistency.

TITLE II — OFFICIAL AND HISTORICAL NOMENCLATURE

Article 5 — Contemporary Official Names

The official English and French designation shall be:

JÉRÉMIE

The official Haitian Creole form shall be:

JEREMI

The historical French form TROU-JÉRÉMIE shall be preserved in archival, historical, cartographic, and academic instruments.

Article 6 — Indigenous Nomenclature of the Island

The General Archives of the State shall preserve the following names within the Indigenous and early historical nomenclature of the island:

Ayiti, associated with the Indigenous naming tradition of the island and later restored as the national name after independence;

Bohío, recorded in early colonial sources as an Indigenous designation associated with the island or inhabited territorial space;

Quisqueya, preserved in the historical and political nomenclature of Hispaniola;

Xaragua, designating the principal pre-Columbian political-territorial order of the western and southwestern region.

The existence, transcription, geographical scope, and use of these names shall be recorded according to the relevant historical sources and linguistic variants.

Article 7 — Indigenous Name of the Southwestern Region

The name Guacayarima, including documented orthographic variants, is recognized as an Indigenous territorial designation associated with the far southwestern region of the island.

For purposes of the state historical register, Guacayarima shall identify the pre-colonial and early colonial geographical region corresponding generally to the extreme southwestern peninsula, including the broader territorial environment later administered as Grand’Anse.

The designation shall not be treated as the documented name of a pre-Columbian municipality identical in boundaries to the present city of Jérémie. It constitutes a regional Indigenous territorial name.

Article 8 — Spanish Colonial Nomenclature

During Spanish colonial rule, the island was administered under the name La Española, also rendered in historical usage as Hispaniola.

The western peninsula was identified in Spanish geographical and maritime nomenclature through names including:

Guacayarima, retained from Indigenous nomenclature;

Cabo Tiburón, referring to the western cape;

Península de Tiburón, referring to the southern peninsula.

No distinct Spanish municipal foundation bearing an independently established Spanish town name at the precise site of present-day Jérémie is entered in the historical classification adopted by this Decree.

The Spanish-period territory shall accordingly be recorded as the Guacayarima–Cabo Tiburón region of La Española, pending the identification of a more specific denomination in authenticated archival material.

Article 9 — French and Post-Independence Nomenclature

Under French administration, the wider jurisdiction became known as Grande-Anse, and the developing settlement was identified as Trou-Jérémie, subsequently shortened to Jérémie.

Following independence, Jérémie and Grande-Anse remained the established official territorial names within successive national, departmental, arrondissement, and municipal systems.

TITLE III — METROPOLITAN TERRITORY

Article 10 — Territorial Composition

The Metropolitan Territory of Jérémie includes:

the urban jurisdiction;

the principal developed areas connected with the city;

the port and maritime-access zones;

principal roads and transport corridors;

commercial and market districts;

judicial, academic, medical, administrative, and technical zones;

the urban-agricultural interface;

additional territory incorporated through a metropolitan-delimitation instrument.

Article 11 — Western Metropolitan Region

The Western Metropolitan Region shall connect Jérémie with:

the communes of Grand’Anse;

the Guacayarima historical region;

the western coast and Cabo Tiburón;

mountain and forest territories;

agricultural zones;

fishing communities;

regional roads and landing facilities;

maritime and aviation infrastructure;

emergency-response installations.

TITLE IV — PRE-COLUMBIAN TERRITORIAL ORDER

Article 12 — Indigenous Occupation

Before 1492, the territory now forming Jérémie and Grand’Anse was inhabited, cultivated, navigated, and administered within the Indigenous geography of Ayiti–Bohío–Quisqueya.

Indigenous territorial organization included:

permanent and seasonal settlements;

cultivated land;

fishing zones;

freshwater resources;

forest and mountain resources;

canoe routes;

coastal landing points;

inland communications;

community jurisdictions;

relations among local political authorities.

Article 13 — Political Incorporation into Xaragua

The Grande-Anse and Guacayarima regions formed part of the western and southwestern political-territorial system of Xaragua.

Xaragua exercised authority through:

cacical government;

subordinate local authorities;

community obligations;

agricultural production;

exchange and redistribution;

maritime and overland communications;

intercommunity relations;

territorial defense;

political and ceremonial administration.

Article 14 — Strategic Position of Guacayarima

Guacayarima occupied the western extremity of the Xaragua territorial system.

Its strategic characteristics included:

proximity to Jamaica;

access to the Caribbean Sea;

control of the western approaches to the southern peninsula;

coastal navigation routes;

forest, mountain, freshwater, agricultural, and marine resources;

communications with the interior of Xaragua.

Article 15 — Priority of Indigenous Authority

The Indigenous order shall be recorded as the earliest organized territorial authority applicable to Jérémie, Grand’Anse, and Guacayarima.

Spanish, French, British, Haitian, occupation, departmental, arrondissement, and municipal systems constitute successive governmental orders established within a previously inhabited and administered territory.

TITLE V — SPANISH COLONIAL PERIOD

Article 16 — Assertion of Spanish Jurisdiction

Following 1492, Spanish authorities asserted royal jurisdiction over La Española, including Xaragua and Guacayarima.

The colonial system introduced:

military coercion;

tribute obligations;

compulsory labor;

seizure and redistribution of land;

missionary administration;

suppression of Indigenous political authorities;

extraction of resources;

population displacement.

Article 17 — Territorial Classification Under Spain

The present Jérémie region was situated within the western sector of La Española and within the geographical system identified by Guacayarima, Cabo Tiburón, and the Península de Tiburón.

Spanish administration did not establish within the present evidentiary record a permanent incorporated town at the exact site of Jérémie comparable to Salvatierra de la Sabana in the Les Cayes region.

The territorial history of Spanish-period Jérémie is therefore classified through regional, maritime, and jurisdictional nomenclature rather than through an unverified municipal title.

Article 18 — Administrative Presence

Spanish authority in the western peninsula operated through:

general royal claims;

military and maritime supervision;

expeditions and patrols;

colonial labor and tribute systems;

missionary activity;

regulation of movement and commerce;

jurisdiction exercised from established Spanish centers elsewhere on the island.

Article 19 — Decline of Spanish Control

Effective Spanish administration in western Hispaniola diminished because of:

demographic collapse;

relocation of imperial resources;

concentration of government in the east;

contraband trade;

maritime incursions;

the Devastations of Osorio;

expansion of French settlement from Tortuga and the western coast.

TITLE VI — FRENCH COLONIAL ESTABLISHMENT

Article 20 — Incorporation into Saint-Domingue

The Treaty of Ryswick of 1697 formalized Spanish recognition of French possession in western Hispaniola.

Grande-Anse was incorporated into Saint-Domingue and subjected to French colonial law governing:

land concessions;

plantation production;

enslavement;

customs;

military administration;

judicial authority;

port regulation;

racial classification;

taxation and commerce.

Article 21 — Trou-Jérémie

The developing French settlement was identified as Trou-Jérémie.

The name designated the locality before or during its formal development as an urban, port, judicial, military, and administrative center.

Article 22 — Establishment of Jérémie

Jérémie was formally developed during the eighteenth century, with 1756 conventionally retained as its foundation date.

The town became the principal administrative center of Grande-Anse.

Article 23 — Colonial Functions

Jérémie exercised:

colonial administration;

justice;

port and customs functions;

commercial exchange;

military command;

plantation supervision;

movement of persons and merchandise;

communications with Jamaica and the Caribbean.

Article 24 — Agricultural and Labor System

The regional economy included coffee, cacao, sugarcane, indigo, livestock, and food production.

It operated within the plantation and slavery system of Saint-Domingue, supported by the compulsory labor of enslaved Africans and their descendants.

Article 25 — Port and Customs Administration

The port connected Grande-Anse with other jurisdictions of Saint-Domingue, Jamaica, the wider Caribbean, and Atlantic markets.

It supported:

importation and exportation;

customs collection;

coastal shipping;

military supply;

transportation of officials and personnel;

distribution of regional production.

TITLE VII — REVOLUTIONARY PERIOD AND BRITISH ADMINISTRATION

Article 26 — Revolutionary Reorganization

The revolutionary conflict beginning in 1791 disrupted the colonial government and plantation system.

Jérémie became a strategically contested jurisdiction because control of the city provided:

a port;

customs revenue;

communication with Jamaica;

command of the western peninsula;

agricultural supplies;

a base for military operations;

authority over surrounding districts.

Article 27 — British Occupation

British forces landed at Jérémie in September 1793.

The city became one of the principal British military positions in southern Saint-Domingue and was incorporated into a military and commercial system connected to Jamaica.

Article 28 — British Administrative Functions

British authority involved:

military garrison;

port control;

customs regulation;

commercial administration;

agreements with local colonial authorities and property holders;

operations against opposing military forces;

maintenance of regional supply.

Article 29 — Withdrawal and Transfer of Authority

British forces withdrew from Jérémie in 1798.

Following the withdrawal, André Rigaud assumed control and incorporated Grande-Anse into the southern political and military system.

TITLE VIII — SOUTHERN COMMAND, WAR OF THE SOUTH, AND INDEPENDENCE

Article 30 — Rigaud’s Administration

Under André Rigaud, Jérémie supplied the southern command with:

a western port;

customs and commercial resources;

military access;

regional administration;

communications with the Caribbean;

control of Grande-Anse.

Article 31 — War of the South

The War of the South of 1799–1800 concerned:

supreme military command;

regional jurisdiction;

ports and customs;

civil and military appointments;

status of the southern officer corps;

agricultural administration;

authority over southern and western territories.

The defeat of Rigaud transferred control of Jérémie to Toussaint Louverture.

Article 32 — French Expedition of 1802

The Leclerc expedition sought to reestablish French metropolitan authority.

Jérémie and Grande-Anse were incorporated into the military conflict among French forces, local commands, revolutionary armies, and populations contesting the restoration of colonial government.

Article 33 — Independence

The defeat of French forces and the proclamation of independence on 1 January 1804 terminated French sovereignty.

Jérémie was incorporated into the independent state established under Jean-Jacques Dessalines.

TITLE IX — POST-INDEPENDENCE ADMINISTRATION

Article 34 — Southern and Western Republic

Following the death of Dessalines in 1806, Jérémie formed part of the southern and western republic governed by Alexandre Pétion.

The city remained a western administrative, military, judicial, agricultural, customs, and maritime center.

Article 35 — Reunification

The reunification completed under Jean-Pierre Boyer in 1820 incorporated Jérémie into the centralized national administration.

Article 36 — Nineteenth-Century Functions

Throughout the nineteenth century, Jérémie exercised:

departmental administration;

military command;

justice;

customs;

agriculture;

maritime commerce;

education;

professional activity;

political organization.

Article 37 — Regional Administrative Necessity

Distance, mountain geography, limited roads, and reliance upon maritime transport required Jérémie to maintain substantial regional capacity in:

food supply;

public administration;

justice;

health;

port operations;

communications;

emergency response.

TITLE X — FOREIGN OCCUPATION AND ADMINISTRATIVE CENTRALIZATION

Article 38 — United States Occupation

The United States military occupation of 1915–1934 subjected customs, public finances, security institutions, infrastructure policy, and territorial administration to foreign control or supervision.

Jérémie was incorporated into the resulting centralized fiscal, military, policing, and administrative system.

Article 39 — Effects upon Grand’Anse

The occupation affected:

customs administration;

military and policing structures;

road policy;

collection and allocation of public revenue;

relations between local and central authorities;

administration of agricultural territories.

Article 40 — Post-Occupation Functions

Following the occupation, Jérémie continued to serve as:

capital of Grand’Anse;

regional port;

judicial center;

agricultural market;

educational center;

western center of public administration.

TITLE XI — EVENTS OF 1964

Article 41 — Scope of Historical Classification

The purpose of this Title is to record the principal sequence of events associated with Jérémie and Grand’Anse during 1964.

This Decree does not adopt the political claims of the government, the armed opposition, participating security forces, affected families, or subsequent political organizations.

Article 42 — Jeune Haïti Landing

On 6 August 1964, thirteen members of the armed organization known as Jeune Haïti landed in the Petite-Rivière-de-Dame-Marie area of Grand’Anse.

The declared objective of the organization was the overthrow of the government headed by François Duvalier.

Several members of the organization originated from or maintained family and social connections with Jérémie and Grand’Anse.

Article 43 — Government Security Operations

Following the landing, the Haitian government deployed military, police, militia, intelligence, and administrative resources in Grand’Anse.

The resulting operations included:

searches;

arrests;

interrogations;

military pursuit of the armed group;

detention of suspected supporters and associates;

security measures affecting families and local communities;

executions and deaths reported in contemporary and subsequent accounts.

Article 44 — Reported Events in Jérémie

Historical works, witness accounts, family records, press reports, and later investigations describe arrests, disappearances, executions, and deaths among residents of Jérémie during August, September, and October 1964.

The number of victims, the precise sequence of individual cases, the command structure, and the documentary basis of particular allegations shall be recorded according to identified sources.

Article 45 — Official Historical Terminology

The expression Jérémie Vespers is widely used in historiography and public memory to designate the events.

The General Archives of the State shall preserve the term as a recognized historical designation without treating the terminology itself as a substitute for documentary examination.

Article 46 — Neutral Archival Classification

The events shall be classified as:

an armed antigovernment landing;

a government counterinsurgency and security operation;

a series of arrests, detentions, executions, disappearances, and civilian deaths reported in Jérémie and Grand’Anse;

a documented episode involving state authorities, armed opponents, security units, local officials, residents, and affected families;

a matter requiring preservation of governmental, military, judicial, personal, and scholarly records.

Article 47 — Documentary Requirements

The official archival file shall distinguish among:

verified official documents;

military and administrative orders;

judicial records;

identified witness statements;

family archives;

press accounts;

scholarly findings;

disputed assertions;

unverified allegations;

subsequent commemorative accounts.

Article 48 — Institutional Neutrality

No political, criminal, historical, or individual responsibility shall be attributed by the archival act alone.

Any specific determination shall require examination of the relevant evidence, applicable law, institutional competence, and individual facts.

The State shall preserve the record without converting historical classification into partisan endorsement or collective attribution.

TITLE XII — CONTEMPORARY DEPARTMENTAL STATUS

Article 49 — Capital of Grand’Anse

Jérémie is the capital of the Department of Grand’Anse and chief town of the Arrondissement of Jérémie.

Its functions include:

public administration;

justice and prosecution;

policing;

civil registration;

education administration;

public health;

electoral administration;

emergency management;

land and agricultural administration;

intermunicipal coordination.

Article 50 — Western Regional Center

Jérémie constitutes the principal urban and institutional center of the western peninsula.

Its services extend to coastal communes, mountain communities, agricultural territories, fishing settlements, rural sections, and other jurisdictions dependent upon the city for higher-level public services.

Article 51 — Regional Economy

The regional economy includes:

coffee;

cacao;

fruit;

food crops;

livestock;

fisheries;

regulated forestry and natural-resource activity;

local processing;

commerce;

maritime and road transportation;

professional and public services.

TITLE XIII — AGRICULTURAL, PORT, AND LOGISTICS FUNCTIONS

Article 52 — Agricultural Coordination

Jérémie shall serve as the principal western center for agricultural collection, registration, quality control, storage, processing, market distribution, technical assistance, credit administration, and export preparation.

Article 53 — Coffee and Cacao

The metropolitan agricultural system shall provide for:

producer registers;

cooperative organization;

quality classification;

fermentation and drying facilities;

storage standards;

traceability;

contractual regulation;

processing capacity;

market and export documentation.

Article 54 — Port of Jérémie

The Port of Jérémie is classified as strategic western infrastructure.

Its functions shall include:

coastal freight;

passenger movement;

agricultural exportation;

importation of essential supplies;

fisheries support;

maritime emergency response;

interregional transportation;

disaster relief;

connection with coastal and island territories.

Article 55 — Integrated Logistics

The port shall be coordinated with roads, agricultural routes, warehouses, markets, fuel and energy facilities, emergency reserves, passenger terminals, the airport, and communications systems.

TITLE XIV — EDUCATION, HEALTH, JUSTICE, AND PUBLIC SERVICES

Article 56 — Educational Center

Jérémie is designated as the principal western center for secondary education, higher education, teacher training, agriculture, public administration, law, health sciences, construction, maritime services, and environmental management.

Article 57 — Historical Studies

Academic institutions shall maintain programs concerning:

Ayiti, Bohío, and Quisqueya;

Xaragua and Guacayarima;

Spanish-period western geography;

Trou-Jérémie and French colonial administration;

the British occupation;

André Rigaud and the War of the South;

independence and post-independence government;

the events of 1964;

regional political, legal, and cultural history;

disaster and environmental administration.

Article 58 — Health Center

Jérémie shall maintain the principal western concentration of hospital services, emergency medicine, surgery, maternal and pediatric care, diagnostics, pharmaceuticals, rehabilitation, public-health surveillance, and medical-evacuation coordination.

Article 59 — Judicial Center

Jérémie shall serve as the principal western judicial and prosecutorial center for civil, criminal, family, commercial, land, property, and administrative matters.

Article 60 — Essential Services

The metropolitan authorities shall coordinate water, sanitation, drainage, solid-waste administration, roads, energy, communications, markets, civil registration, emergency services, and public facilities.

TITLE XV — DISASTER RISK AND RESILIENCE

Article 61 — Risk Classification

Jérémie and Grand’Anse are subject to hurricanes, flooding, storm surge, earthquakes, landslides, coastal erosion, road isolation, communications interruption, and failure of essential systems.

Article 62 — Hurricane Matthew

Hurricane Matthew caused extensive destruction in Jérémie and Grand’Anse in October 2016, affecting housing, hospitals, schools, roads, agriculture, port installations, energy, water, communications, and public administration.

Article 63 — Earthquake of 2021

The earthquake of 14 August 2021 caused deaths, injuries, structural damage, and interruption of services throughout the southern peninsula.

Article 64 — Mandatory Resilience Measures

The Western Metropolitan Region shall maintain:

hurricane-resistant public buildings;

seismic construction controls;

structural inspection;

protected water reserves;

decentralized energy systems;

emergency food and medical reserves;

redundant communications;

evacuation routes;

port and airport emergency access;

alternate administrative sites;

replicated public archives.

TITLE XVI — WESTERN METROPOLITAN AUTHORITY

Article 65 — Establishment

A Western Metropolitan Authority of Jérémie shall be established by implementing statute or rectoral decree under the constitutional supervision of the Office of the Rector-President.

Article 66 — Competence

The Authority shall coordinate:

metropolitan planning;

transportation;

commerce and markets;

water and sanitation;

port administration;

public-health infrastructure;

education;

agricultural logistics;

emergency management;

environmental protection;

communications;

regional economic development.

Article 67 — Accountability

The Authority shall maintain annual reports, financial statements, public-property records, infrastructure registers, procurement files, project-performance reports, emergency plans, and archival deposits.

TITLE XVII — TERRITORIAL NETWORK

Article 68 — Distribution of Functions

The constitutional distribution shall remain:

Miragoâne: central constitutional government;

Les Cayes: principal metropolitan and Grand South coordination;

Jérémie: western metropolitan and Grande-Anse administration.

Article 69 — Integrated Southern Network

Miragoâne, Les Cayes, and Jérémie shall form a coordinated territorial network for state administration, public records, transportation, commerce, education, health, emergency deployment, agricultural logistics, maritime services, and communications continuity.

Article 70 — Les Cayes–Jérémie Corridor

The Les Cayes–Jérémie corridor is designated as strategic infrastructure for territorial continuity, commercial movement, medical evacuation, emergency response, agricultural distribution, official communications, and administrative coordination.

TITLE XVIII — ARCHIVES, OFFICIAL USE, AND ENTRY INTO FORCE

Article 71 — Permanent Documentary Program

The General Archives of the State shall preserve records concerning:

Indigenous Guacayarima;

the political order of Xaragua;

Spanish-period Cabo and Península de Tiburón;

Trou-Jérémie;

French colonial Jérémie;

port, customs, plantation, and slavery records;

British occupation;

André Rigaud;

the War of the South;

independence;

nineteenth-century administration;

United States occupation;

the events of 1964;

agricultural and port history;

hurricanes and earthquakes;

the western metropolitan designation.

Article 72 — Official Formula

The official designation shall be:

JÉRÉMIE — WESTERN METROPOLIS OF THE SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

Article 73 — Constitutional Entrenchment

The metropolitan status shall not be repealed or transferred by implication.

Any amendment shall expressly regulate territorial continuity, public services, institutional relocation, infrastructure, archives, finances, and relations with Miragoâne and Les Cayes.

Article 74 — Emergency Continuity

Temporary evacuation, natural disaster, road isolation, infrastructure failure, or displacement of public institutions shall not terminate the western metropolitan status of Jérémie.

Article 75 — Entry into Force

This Decree shall enter into force upon promulgation and shall be entered in the Supreme Constitutional Register, Territorial Register, Western Metropolitan Register, Official Gazette, General Archives of the State, and institutional records of the competent authorities.

FINAL CONSTITUTIONAL DETERMINATION

Jérémie is hereby recorded and classified as:

a territory of Indigenous occupation within Ayiti–Bohío–Quisqueya;

a component of the pre-Columbian political order of Xaragua;

a principal urban jurisdiction within the historical region of Guacayarima;

a territory administered by Spain within La Española and geographically associated with Guacayarima, Cabo Tiburón, and the Península de Tiburón;

a region for which no separate Spanish municipal name at the precise site of Jérémie is presently entered in the official historical classification;

the site of Trou-Jérémie and the French colonial town developed during the eighteenth century;

the principal colonial administrative and port center of Grande-Anse;

a major jurisdiction of the Haitian Revolution;

a principal British military position from 1793 to 1798;

a western center of André Rigaud’s southern command;

a territory incorporated into the independent state and the southern republic;

a permanent departmental, judicial, military, agricultural, commercial, and maritime center;

a jurisdiction subjected to the foreign occupation of 1915–1934;

the site of the Jeune Haïti landing, government security operations, arrests, executions, disappearances, and deaths recorded in connection with the events of 1964;

the capital of the Department of Grand’Anse and chief town of the Arrondissement of Jérémie;

the principal administrative, educational, medical, judicial, agricultural, port, and logistical center of the western peninsula;

the permanent western metropolis of the Sovereign Catholic Indigenous and Private State of Xaragua.

Jérémie shall serve as the western metropolitan jurisdiction through which Xaragua organizes the institutions, territorial services, agriculture, port operations, education, justice, public health, communications, archives, and disaster resilience of Grand’Anse and Guacayarima.

Its status shall operate in constitutional coordination with Miragoâne, permanent capital of Xaragua, and Les Cayes, principal metropolis of the Grand South.

ISSUED, PROMULGATED, AND ORDERED FOR ARCHIVAL REGISTRATION

By the constitutional authority of the Rector-President

PASCAL DESPUZEAU DAUMEC VIAU

Rector-President of Xaragua

Issued at Miragoâne, Constitutional Capital of Xaragua.

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

GENERAL ARCHIVES OF THE STATE

WESTERN METROPOLITAN REGISTER

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

Petit-Gôave


SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

GENERAL ARCHIVES OF THE STATE

SUPREME CONSTITUTIONAL DECREE ON THE HISTORICAL STATUS, TERRITORIAL CONTINUITY, STRATEGIC-CORRIDOR JURISDICTION, REGIONAL ADMINISTRATION, AND PERMANENT DESIGNATION OF PETIT-GOÂVE AS THE EASTERN GATEWAY OF THE GRAND SOUTH AND ADMINISTRATIVE CENTER OF THE XARAGUAYAN REGION OF THE PALMES

Official Reference: SCIPS-X/ORP/PAL-PGO/2025

Place of Promulgation: Miragoâne, Constitutional Capital of Xaragua

Promulgating Authority: Office of the Rector-President

Archival Depositary: General Archives of the State

Legal Classification: Supreme Palmes Territorial Organization Act — Eastern Gateway Statute — Historical and Territorial Classification Decree — Strategic Corridor Administration Instrument

Normative Rank: Supreme Constitutional Instrument of Territorial Organization

Institutional Status: Constitutionally Entrenched — Permanent — Directly Applicable — Binding upon All Authorities and Institutions of Xaragua

Territorial Subject: City and Commune of Petit-Goâve — Historical Territory of Goâve–Aguava — Xaraguayan Region of the Palmes — Eastern Approach to the Grand South

Constitutional Function: Eastern Gateway of the Grand South — Administrative Center of the Xaraguayan Region of the Palmes — Strategic Road, Bridge, Port, Commercial, Agricultural, Public-Service, and Emergency-Logistics Jurisdiction

PREAMBLE

The Rector-President of the Sovereign Catholic Indigenous and Private State of Xaragua,

Exercising the constituent, constitutional, executive, territorial, administrative, archival, and institutional authority vested in the Office of the Rector-President;

Acting pursuant to the Constitution, foundational acts, territorial statutes, infrastructure laws, and governmental instruments of Xaragua;

Recognizing Miragoâne as the permanent constitutional capital, principal seat of the central government, and central place of promulgation and archival custody;

Recognizing Les Cayes as the principal metropolis and primary urban center of the Grand South;

Recognizing Jérémie as the western metropolis and principal regional center of Grand’Anse;

Recognizing Petit-Goâve as a historically constituted urban, port, commercial, agricultural, administrative, and communications center situated at the eastern entrance to the Grand South;

Recognizing the Indigenous occupation, settlement, cultivation, navigation, territorial administration, and political organization of the Goâve region before European colonization;

Recognizing Goâve, including the forms Goave and Gwav, as the Indigenous territorial name from which the modern names Petit-Goâve and Grand-Goâve derive;

Recognizing Ayiti, Bohío, and Quisqueya within the historical Indigenous nomenclature of the island and Xaragua as the pre-Columbian political-territorial order governing the western and southwestern territories;

Taking institutional notice of Aguava as the Spanish colonial transcription or adaptation applied to the historical Goâve region;

Taking institutional notice of the establishment of French authority in the region during the seventeenth century, the development of Petit-Goâve as an early center of colonial government, and the administrative division of the historical Goâve–Aguava territory into Petit-Goâve and Grand-Goâve;

Recognizing Petit-Goâve’s incorporation into the port, customs, plantation, military, judicial, commercial, and administrative system of Saint-Domingue;

Recognizing the city’s position during the Haitian Revolution, the War of the South, the War of Independence, the government of Jean-Jacques Dessalines, the southern and western republic of Alexandre Pétion, and the reunified national administration;

Taking institutional notice of Petit-Goâve as the birthplace of Faustin-Élie Soulouque, President of Haiti and subsequently Emperor Faustin I;

Recognizing Petit-Goâve’s permanent position on the principal road and communications corridor connecting Léogâne, Grand-Goâve, Miragoâne, Nippes, Les Cayes, Jérémie, and the remainder of the Grand South;

Taking institutional notice of the earthquake of 12 January 2010, the aftershock of 20 January 2010 centered near Petit-Goâve, Hurricane Matthew of October 2016, and the destruction or interruption of strategic bridge and road infrastructure;

Determining that uninterrupted territorial access to the Grand South requires coordinated administration of the roads, bridges, watersheds, drainage systems, coastal facilities, public services, communications, markets, and emergency installations of Petit-Goâve;

Determining that the constitutional organization of the Région des Palmes requires a permanent administrative center situated at the intersection of its eastern, western, maritime, agricultural, and mountain jurisdictions;

Hereby adopts and promulgates the present Supreme Constitutional Decree.

TITLE I — CONSTITUTIONAL STATUS AND TERRITORIAL FUNCTION

Article 1 — Permanent Designation

Petit-Goâve is hereby constituted, designated, and confirmed as:

the permanent Eastern Gateway of the Grand South;

the administrative center of the Xaraguayan Region of the Palmes;

the principal strategic-corridor jurisdiction between Miragoâne and Léogâne;

a regional road, bridge, port, commercial, agricultural, public-service, and emergency-logistics center;

the eastern entrance to the constitutional, administrative, and metropolitan system of the Grand South.

Article 2 — Nature of the Designation

The designation established by this Decree constitutes an operative status of constitutional and territorial organization.

It is not an honorary, cultural, promotional, or merely descriptive title.

It determines the functions, jurisdictional responsibilities, planning requirements, infrastructure priorities, archival duties, and intergovernmental relations assigned to Petit-Goâve within Xaragua.

Article 3 — Eastern Gateway Function

The Eastern Gateway function shall govern:

land access to the Grand South;

strategic road continuity;

bridge and drainage infrastructure;

coastal and port access;

movement of persons, goods, public officers, and emergency resources;

commercial and agricultural distribution;

public-service continuity;

communications between the Palmes and the southern territories;

protection of the principal eastern approach to Miragoâne and Nippes.

Article 4 — Administrative-Center Function

As administrative center of the Xaraguayan Region of the Palmes, Petit-Goâve shall coordinate:

territorial planning;

infrastructure administration;

intercommunal services;

markets and commerce;

agriculture;

health and emergency services;

water, drainage, sanitation, and waste management;

coastal administration;

communications;

disaster preparedness.

Article 5 — Constitutional Territorial Hierarchy

The principal territorial functions of Xaragua are distributed as follows:

Miragoâne: permanent constitutional capital and seat of central state authority;

Les Cayes: principal metropolis and primary urban center of the Grand South;

Jérémie: western metropolis and principal regional center of Grand’Anse;

Petit-Goâve: eastern gateway of the Grand South and administrative center of the Xaraguayan Region of the Palmes.

This distribution establishes functional differentiation without dividing the unity of state authority.

Article 6 — Protection of Status

No ministry, bureau, public officer, territorial authority, university institution, financial body, or subordinate administration may abolish, transfer, suspend, or reclassify the status of Petit-Goâve through an ordinary administrative act.

Any subordinate instrument inconsistent with this Decree shall be inapplicable within the constitutional order of Xaragua to the extent of the inconsistency.

TITLE II — OFFICIAL AND HISTORICAL NOMENCLATURE

Article 7 — Contemporary Official Designations

The official English and French designation shall be:

PETIT-GOÂVE

The official Haitian Creole designation shall be:

TI GWAV

Each form may be used in official instruments according to the language of promulgation.

Article 8 — Indigenous Territorial Name

The name GOÂVE, together with Goave, Gwav, and documented orthographic variants, is recognized as the Indigenous territorial name from which Petit-Goâve and Grand-Goâve derive.

The name shall be preserved in:

the Indigenous Territorial Register;

official historical maps;

linguistic records;

academic publications;

state nomenclature;

territorial and archival instruments.

Article 9 — Spanish Colonial Designation

The name AGUAVA is recognized as the Spanish colonial transcription or adaptation of Goâve.

For historical and archival purposes, the territory administered under Spanish claims shall be designated:

THE GOÂVE–AGUAVA REGION OF LA ESPAÑOLA

Aguava shall be recorded as the Spanish-period designation of the broader territorial and settlement system from which the later French jurisdictions of Petit-Goâve and Grand-Goâve developed.

Article 10 — French Administrative Division

French administration progressively divided the Goâve–Aguava territorial system into:

Grand-Goâve;

Petit-Goâve.

The division established distinct urban and administrative jurisdictions without eliminating the common Indigenous origin of their territorial names.

Article 11 — Indigenous Nomenclature of the Island

The General Archives of the State shall preserve:

Ayiti;

Bohío;

Quisqueya;

Xaragua;

Goâve.

The historical use and geographic scope of each name shall be recorded according to its sources, period, language, and territorial context.

TITLE III — TERRITORIAL SCOPE AND REGIONAL JURISDICTION

Article 12 — Gateway Territory

The Gateway Territory of Petit-Goâve shall include:

the urban jurisdiction;

the port and coastal-access zones;

principal road approaches;

bridges and drainage structures controlling east–west movement;

markets and commercial districts;

agricultural collection areas;

judicial, medical, educational, and administrative facilities;

communications and emergency infrastructure;

additional territory incorporated by an implementing instrument.

Article 13 — Xaraguayan Region of the Palmes

The Xaraguayan Region of the Palmes constitutes a functional territorial jurisdiction extending through the coastal, mountain, agricultural, and road corridor connecting Petit-Goâve, Grand-Goâve, Léogâne, and Miragoâne.

Its organization shall account for:

existing communes and communal sections;

watersheds;

coastal areas;

mountain routes;

markets and production zones;

roads and bridges;

public-service networks;

emergency-access requirements.

Article 14 — Delimitation

The limits of the Palmes jurisdiction shall be established through:

official geographic coordinates;

cadastral and administrative descriptions;

municipal and communal-section references;

road and watershed boundaries;

coastal reference points;

an authenticated territorial map;

deposit in the General Archives of the State.

Article 15 — Strategic Position

Petit-Goâve occupies a controlling territorial position between:

Miragoâne and Nippes to the west;

Grand-Goâve and Léogâne to the east;

the Gulf of Gonâve to the north;

the mountain and agricultural territories of the Palmes to the south;

the national corridor serving the southern peninsula.

TITLE IV — PRE-COLUMBIAN TERRITORIAL ORDER

Article 16 — Indigenous Occupation

Before 1492, the Goâve region was inhabited, cultivated, navigated, and administered within the Indigenous geography of Ayiti–Bohío–Quisqueya.

Its territorial system included:

settlements;

cultivated land;

fishing and coastal-resource zones;

freshwater systems;

canoe routes;

inland paths;

community jurisdictions;

relations among local authorities;

systems of production, exchange, defense, and collective obligation.

Article 17 — Incorporation into Xaragua

The Goâve region formed part of the eastern and northeastern approaches to the political-territorial order of Xaragua.

Its position provided:

access between the southern peninsula and the western plain;

communication through the Gulf of Gonâve;

agricultural production;

coastal and inland transport;

territorial defense;

relations with adjoining Indigenous jurisdictions.

Article 18 — Indigenous Territorial Functions

The pre-Columbian functions of Goâve are classified as:

political, through incorporation into Xaragua;

residential, through organized habitation;

agricultural, through cultivation and food production;

maritime, through fishing and navigation;

commercial, through exchange and distribution;

communications-based, through coastal and inland routes;

defensive, through control of an eastern approach to Xaragua.

Article 19 — Priority of Indigenous Authority

The Indigenous order shall be recorded as the earliest organized territorial authority applicable to Goâve.

Spanish, French, Haitian, occupation, departmental, arrondissement, and municipal administrations constitute successive systems established within a previously inhabited and governed territory.

TITLE V — SPANISH COLONIAL PERIOD

Article 20 — Assertion of Spanish Jurisdiction

Following 1492, Spanish authorities asserted royal jurisdiction over La Española, including Goâve.

The colonial system introduced:

military enforcement;

compulsory labor;

tribute;

land seizure and redistribution;

missionary administration;

suppression of Indigenous authorities;

resource extraction;

demographic displacement.

Article 21 — Goâve–Aguava Continuity

Aguava constituted a Spanish colonial transcription or adaptation of the pre-existing Indigenous name Goâve.

The documentary sequence is officially classified as follows:

Goâve: Indigenous territorial designation;

Aguava: Spanish colonial transcription and jurisdictional designation;

Grand-Goâve and Petit-Goâve: French territorial and municipal division;

Grangwav and Ti Gwav: Haitian Creole forms preserved in contemporary usage.

Article 22 — Spanish Administrative Functions

Spanish authority in Aguava included or asserted:

territorial jurisdiction;

supervision of Indigenous populations;

labor and tribute obligations;

missionary activity;

regulation of land and resources;

maritime surveillance;

communications with other colonial settlements.

Article 23 — Decline of Spanish Control

Spanish authority in western Hispaniola declined because of:

demographic collapse;

relocation of imperial resources;

concentration of administration elsewhere;

contraband commerce;

maritime incursions;

the Devastations of Osorio;

expansion of French settlement from Tortuga and western coastal bases.

TITLE VI — EARLY FRENCH SETTLEMENT AND COLONIAL ADMINISTRATION

Article 24 — French Establishment

French settlers, buccaneers, privateers, merchants, and colonial authorities progressively occupied the Goâve region during the seventeenth century.

Petit-Goâve developed as a permanent French settlement from approximately 1662–1663.

Article 25 — Early Seat of Colonial Authority

During the formative period of French rule in western Hispaniola, Petit-Goâve exercised substantial governmental functions and served for a limited period as a principal center of colonial administration.

The city accommodated or supported:

colonial officials;

administrative correspondence;

maritime government;

port supervision;

military coordination;

commercial regulation;

relations with settlers, buccaneers, and privateers;

communication with Tortuga, Jamaica, and other Caribbean jurisdictions.

Article 26 — Maritime Forces

Petit-Goâve operated within an early colonial maritime system in which private armed vessels, buccaneers, and privateers contributed to French territorial expansion and naval operations.

The city served as:

anchorage;

supply point;

commercial exchange center;

maritime operational base;

interface between colonial authorities and private maritime forces.

Article 27 — Formal Incorporation into Saint-Domingue

The Treaty of Ryswick of 1697 formalized Spanish recognition of French possession in western Hispaniola.

Petit-Goâve was incorporated into the formal territorial, judicial, military, customs, and commercial administration of Saint-Domingue.

Article 28 — Colonial Agricultural and Labor System

The surrounding region was integrated into an economy based upon:

colonial land concessions;

plantation production;

compulsory labor of enslaved Africans and their descendants;

production for external markets;

racial legal classification;

customs and fiscal regulation;

military enforcement of property and labor rules.

Article 29 — Port and Customs Functions

The Port of Petit-Goâve supported:

coastal navigation;

importation and exportation;

customs collection;

agricultural distribution;

regional supply;

military transport;

official communications;

relations with other Caribbean ports.

TITLE VII — REVOLUTIONARY PERIOD AND INDEPENDENCE

Article 30 — Revolutionary Reorganization

The revolutionary conflict commencing in 1791 disrupted colonial government, plantation production, military authority, and public administration.

Petit-Goâve’s strategic value derived from:

its port;

its position between the West and South;

its road and coastal approaches;

its access to regional supplies;

its capacity to support troop movement;

its relationship with Léogâne and Miragoâne.

Article 31 — Competing Authorities

During the revolutionary period, Petit-Goâve was affected by the authority and operations of:

French colonial officials;

French republican authorities;

free-colored military commands;

forces composed of formerly enslaved persons;

British intervention forces;

regional administrations;

André Rigaud;

Toussaint Louverture.

Article 32 — War of the South

The War of the South of 1799–1800 concerned:

control of southern and western territories;

supreme military command;

ports and customs;

civil and military appointments;

agricultural administration;

regional political authority.

Petit-Goâve formed part of the eastern operational zone connecting the southern command with the western territories.

Article 33 — French Expedition and War of Independence

The French expedition of 1802 sought to restore metropolitan control over Saint-Domingue.

The Goâve region was incorporated into the resulting military and administrative conflict.

The defeat of French forces and the proclamation of independence on 1 January 1804 terminated French sovereignty.

Article 34 — Incorporation into the Independent State

Petit-Goâve was incorporated into the independent state established under Jean-Jacques Dessalines.

The city retained its functions as:

port;

commercial center;

administrative jurisdiction;

military-transit point;

communications center;

territorial entrance to the South.

TITLE VIII — POST-INDEPENDENCE CONSTITUTIONAL ORDER

Article 35 — Southern and Western Republic

Following the death of Dessalines in 1806, Petit-Goâve formed part of the southern and western republic governed by Alexandre Pétion.

Its position connected Port-au-Prince, Léogâne, Grand-Goâve, Miragoâne, and the other southern jurisdictions.

Article 36 — Reunification

The reunification completed under Jean-Pierre Boyer in 1820 incorporated Petit-Goâve into the centralized national administration.

Article 37 — Nineteenth-Century Functions

Throughout the nineteenth century, Petit-Goâve remained a center of:

municipal administration;

maritime commerce;

agricultural exchange;

military transit;

road and coastal communications;

justice;

political organization;

territorial access to the South.

Article 38 — Faustin-Élie Soulouque

Faustin-Élie Soulouque, born in Petit-Goâve, served as President of Haiti from 1847 to 1849 and as Emperor Faustin I from 1849 to 1859.

His public career connects Petit-Goâve to the institutional history of:

the presidency;

the Second Empire of Haiti;

military and executive government;

constitutional transformation;

nineteenth-century state administration.

This connection shall be maintained within the official historical register of the city.

TITLE IX — FOREIGN OCCUPATION AND MODERN ADMINISTRATION

Article 39 — United States Occupation

The United States military occupation of Haiti from 1915 to 1934 subjected customs, public finances, security institutions, road construction, and territorial administration to foreign control or supervision.

Petit-Goâve was incorporated into the resulting centralized administrative, fiscal, policing, and infrastructure system.

Article 40 — Consolidation of the National Corridor

The development of national road infrastructure reinforced Petit-Goâve’s position on the principal land route between Port-au-Prince and the Grand South.

The city became a principal passage for:

passengers;

agricultural products;

commercial merchandise;

public officials;

emergency supplies;

interdepartmental transport.

Article 41 — Contemporary Administrative Position

Petit-Goâve forms part of the Arrondissement of Léogâne and the Department of the West under the current Haitian administrative structure.

Within the territorial order of Xaragua, its historical, geographic, commercial, and infrastructural relations place it within the Xaraguayan Region of the Palmes and the strategic-access system of the Grand South.

TITLE X — EARTHQUAKE OF 2010

Article 42 — Earthquake of 12 January 2010

The earthquake of 12 January 2010 caused extensive loss of life, displacement, structural damage, and interruption of services in Petit-Goâve.

Affected systems included:

housing;

hospitals and health facilities;

schools;

public buildings;

roads;

communications;

water and sanitation;

commercial infrastructure.

Article 43 — Aftershock of 20 January 2010

On 20 January 2010, a major aftershock of approximately magnitude 5.9 occurred with its epicentral area near Petit-Goâve.

The event caused additional structural damage, displacement, interruption of services, and increased demand for emergency medical and humanitarian operations.

Article 44 — Emergency Operations

The response involved Haitian authorities, foreign military and naval assets, medical organizations, humanitarian agencies, and temporary health facilities.

The official record shall distinguish among:

governmental authorization;

foreign deployment;

humanitarian operations;

medical services;

security functions;

infrastructure assessment;

reconstruction measures.

Article 45 — Seismic Requirements

Public infrastructure within the Gateway Territory shall be subject to:

seismic design standards;

geological and soil assessment;

structural inspection;

controlled reconstruction;

emergency-access requirements;

continuity-of-service planning;

protection and replication of public records.

TITLE XI — HURRICANE MATTHEW AND INFRASTRUCTURE CONTINUITY

Article 46 — Hurricane Matthew

Hurricane Matthew affected Petit-Goâve and the Region of the Palmes in October 2016.

Flooding and increased river flows damaged housing, agriculture, roads, bridges, communications, and public infrastructure.

Article 47 — Strategic Bridge Failure

Flooding associated with Hurricane Matthew destroyed or rendered unusable strategic bridge infrastructure on the Petit-Goâve corridor.

The resulting interruption affected the principal land connection between Port-au-Prince and the Grand South.

Article 48 — Infrastructure of Territorial Continuity

The road and bridge system of Petit-Goâve is classified as infrastructure of territorial continuity.

Its interruption directly affects:

Miragoâne;

Nippes;

Les Cayes;

Jérémie;

the departments of the Grand South;

commercial supply;

emergency response;

movement of state officers and public records.

Article 49 — Mandatory Redundancy

The competent authorities shall provide for:

resilient permanent bridges;

alternate crossings;

deployable modular bridges;

drainage and watershed management;

protected road approaches;

coastal and maritime alternatives;

continuous structural inspection;

emergency engineering equipment and reserves.

TITLE XII — CONTEMPORARY REGIONAL FUNCTIONS

Article 50 — Regional Administration

Petit-Goâve shall coordinate the Xaraguayan Region of the Palmes in matters concerning:

territorial planning;

road and bridge infrastructure;

commercial administration;

public markets;

health and emergency services;

agriculture;

water and sanitation;

coastal administration;

communications;

disaster preparedness.

Article 51 — Commercial Functions

The regional commercial system shall support:

wholesale and retail trade;

agricultural markets;

storage and distribution;

transport services;

mechanical and repair services;

coastal commerce;

small and medium enterprises;

regional supply.

Article 52 — Agricultural Interface

Petit-Goâve shall serve as the principal interface between urban markets and the agricultural territories of the Palmes.

The competent authorities shall organize:

producer registration;

collection points;

storage;

grading and quality control;

processing;

market facilities;

agricultural credit records;

transportation toward Miragoâne, Grand-Goâve, Léogâne, and other markets.

Article 53 — Port and Coastal Functions

The Port and coastal facilities of Petit-Goâve are classified as strategic secondary infrastructure for:

coastal freight;

passenger transportation;

fisheries;

emergency supply;

evacuation;

maritime response;

alternative transportation during road interruption;

communication with jurisdictions of the Gulf of Gonâve.

TITLE XIII — PUBLIC SERVICES AND INSTITUTIONAL CAPACITY

Article 54 — Health Services

Petit-Goâve shall maintain regional capacity in:

emergency medicine;

general hospital care;

maternal and pediatric services;

trauma stabilization;

disaster medicine;

medical evacuation;

pharmaceutical supply;

public-health surveillance.

Article 55 — Education and Technical Training

The city shall maintain education and professional training in:

public administration;

road and bridge construction;

structural maintenance;

agriculture;

maritime services;

emergency management;

health services;

commerce and accounting;

environmental administration;

telecommunications.

Article 56 — Judicial and Administrative Services

Petit-Goâve shall maintain capacity for:

civil administration;

civil registration;

judicial services;

prosecution;

public security coordination;

land and property records;

commercial licensing;

public archives;

administrative proceedings.

Article 57 — Essential Infrastructure

The territorial authority shall coordinate:

potable water;

drainage;

sanitation;

solid-waste administration;

electricity and decentralized energy;

telecommunications;

roads;

bridges;

markets;

emergency facilities.

TITLE XIV — PALMES STRATEGIC CORRIDOR AUTHORITY

Article 58 — Establishment

A Palmes Strategic Corridor Authority shall be established by implementing statute or rectoral decree.

Its principal seat shall be situated in Petit-Goâve.

Article 59 — Legal Status

The Authority shall constitute a specialized territorial and infrastructure body operating under the constitutional supervision of the Office of the Rector-President.

It shall exercise only those powers expressly conferred by law.

Article 60 — Competence

The Authority shall coordinate:

corridor planning;

roads and bridges;

public transportation;

port and coastal access;

watershed and drainage infrastructure;

markets and logistics;

emergency movement;

telecommunications;

continuity of public services;

relations with Grand-Goâve, Léogâne, and Miragoâne.

Article 61 — Territorial Delimitation

The implementing instrument shall determine:

corridor boundaries;

protected infrastructure zones;

public-property administration;

financing;

planning powers;

relations with communes;

emergency competence;

reporting requirements;

audit procedures;

administrative remedies.

Article 62 — Accountability

The Authority shall maintain:

annual administrative reports;

financial statements;

road and bridge registers;

public-property records;

procurement files;

structural-inspection records;

emergency plans;

project-performance reports;

archival deposits.

TITLE XV — INTERURBAN AND INTERREGIONAL RELATIONS

Article 63 — Miragoâne–Petit-Goâve Axis

The Miragoâne–Petit-Goâve axis is designated as a primary constitutional, administrative, commercial, communications, and emergency corridor.

It shall support:

movement of state officers;

transmission of official records;

regional commerce;

agricultural transportation;

emergency deployment;

medical referrals;

telecommunications continuity;

connection between Nippes and the Palmes.

Article 64 — Petit-Goâve–Grand-Goâve–Léogâne Axis

The eastern Palmes axis shall support:

intermunicipal administration;

transport continuity;

market integration;

watershed management;

coordinated emergency response;

movement of persons and goods;

institutional connection with the Léogâne plain.

Article 65 — Grand South Territorial Network

Petit-Goâve shall form part of the coordinated territorial network comprising Miragoâne, Les Cayes, Jérémie, Grand-Goâve, Léogâne, and the principal jurisdictions of the Grand South.

No participating city shall exercise the functions constitutionally assigned to another except through express delegation or an emergency-continuity instrument.

TITLE XVI — HISTORICAL AND ARCHIVAL ADMINISTRATION

Article 66 — Permanent Documentary Program

The General Archives of the State and the University of Xaragua shall maintain a permanent documentary program concerning:

Indigenous Goâve;

Goâve within Xaragua;

Spanish Aguava;

early French settlement;

buccaneer and privateer administration;

the colonial-government functions of Petit-Goâve;

the division between Petit-Goâve and Grand-Goâve;

plantation, slavery, port, customs, and commercial history;

the Haitian Revolution;

the War of the South;

independence;

post-independence administration;

Faustin-Élie Soulouque;

the United States occupation;

the 2010 earthquake and aftershock;

Hurricane Matthew;

road and bridge history;

the constitutional gateway designation.

Article 67 — Historical and Infrastructure Sites

The competent authorities shall identify, register, classify, and preserve sites associated with:

Indigenous occupation;

Aguava;

early French settlement;

port and privateering history;

colonial administration;

the revolutionary period;

independence;

public and religious institutions;

the 2010 earthquake;

Hurricane Matthew;

strategic road and bridge infrastructure.

Article 68 — Gateway Register

The General Archives of the State shall maintain a Gateway Register containing:

this Decree;

implementing instruments;

official maps;

territorial boundaries;

road and bridge records;

port records;

public-property records;

disaster plans;

infrastructure inspections;

annual administrative reports.

TITLE XVII — ENTRENCHMENT, IMPLEMENTATION, AND ENTRY INTO FORCE

Article 69 — Official Formula

All authorities of Xaragua are authorized to use:

PETIT-GOÂVE — EASTERN GATEWAY OF THE GRAND SOUTH AND ADMINISTRATIVE CENTER OF THE XARAGUAYAN REGION OF THE PALMES

The formula may appear on official acts, registers, maps, institutional websites, infrastructure plans, commercial instruments, transport documents, academic publications, state correspondence, and public signage.

Article 70 — Constitutional Entrenchment

The constitutional status of Petit-Goâve shall not be repealed, transferred, or diminished by implication.

Any amendment shall expressly regulate:

territorial continuity;

strategic-corridor functions;

road and bridge infrastructure;

port access;

emergency logistics;

institutional relocation;

archival preservation;

relations with Miragoâne and the other principal cities.

Article 71 — Emergency Continuity

Natural disaster, road interruption, bridge failure, evacuation, infrastructure collapse, or temporary displacement of public institutions shall not terminate the status of Petit-Goâve.

Temporary installations and alternative routes may be established by competent authority while preserving the legal continuity of the gateway jurisdiction.

Article 72 — Implementing Authority

The Office of the Rector-President shall adopt all regulations, appointments, territorial instruments, infrastructure plans, administrative orders, and institutional measures required for the implementation of this Decree.

Article 73 — Entry into Force

This Decree shall enter into force upon promulgation.

It shall be entered in:

the Supreme Constitutional Register;

the Territorial Register;

the Palmes Strategic Corridor Register;

the Official Gazette;

the General Archives of the State;

the institutional records of all competent authorities.

FINAL CONSTITUTIONAL DETERMINATION

For purposes of the constitutional, territorial, historical, administrative, commercial, agricultural, maritime, infrastructural, and emergency order of Xaragua, Petit-Goâve is hereby recorded and classified as:

a territory of Indigenous occupation predating European colonization;

a component of the pre-Columbian political-territorial order of Xaragua;

a jurisdiction preserving the Indigenous name Goâve;

a region identified during Spanish colonial rule through the form Aguava;

a component of the Goâve–Aguava territorial system of La Española;

an early permanent French settlement developed during the seventeenth century;

a former principal center of early French colonial administration in western Hispaniola;

a port associated with buccaneer, privateer, commercial, military, and governmental activity;

a jurisdiction administratively distinguished from Grand-Goâve under French authority;

a territory incorporated into the plantation, customs, port, judicial, military, and commercial system of Saint-Domingue;

a strategic jurisdiction of the Haitian Revolution and the War of the South;

a territory incorporated into the independent state and the southern and western republic;

the birthplace of Faustin-Élie Soulouque, President of Haiti and Emperor Faustin I;

a permanent municipal, agricultural, commercial, port, road, bridge, and communications center;

a jurisdiction incorporated into the foreign occupation of 1915–1934;

a principal area affected by the earthquake of 12 January 2010 and the aftershock of 20 January 2010;

a strategic corridor affected by Hurricane Matthew and the interruption of road and bridge infrastructure in 2016;

the permanent administrative center of the Xaraguayan Region of the Palmes;

the permanent Eastern Gateway of the Grand South.

Petit-Goâve shall serve as the jurisdiction through which Xaragua secures the eastern territorial access, strategic roads, bridges, drainage systems, coastal logistics, commercial circulation, agricultural distribution, public services, communications, and emergency connections of the Grand South.

Its status shall operate in constitutional coordination with Miragoâne, Les Cayes, Jérémie, Grand-Goâve, Léogâne, and the other competent territorial jurisdictions of Xaragua.

ISSUED, PROMULGATED, AND ORDERED FOR ARCHIVAL REGISTRATION

By the constitutional authority of the Rector-President

PASCAL DESPUZEAU DAUMEC VIAU

Rector-President of Xaragua

Issued at Miragoâne, Constitutional Capital of Xaragua.

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

GENERAL ARCHIVES OF THE STATE

PALMES STRATEGIC CORRIDOR REGISTER

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

Tiburon


SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA
OFFICE OF THE RECTOR-PRESIDENT
SUPREME CONSTITUTIONAL AUTHORITY
GENERAL ARCHIVES OF THE STATE
SUPREME TERRITORIAL AND MARITIME COMMAND
SUPREME CONSTITUTIONAL DECREE
ON THE HISTORICAL STATUS, INDIGENOUS TERRITORIAL CONTINUITY, CONSTITUTIONAL CLASSIFICATION, CAPE JURISDICTION, MARITIME ADMINISTRATION, COASTAL SECURITY, AND PERMANENT DESIGNATION OF TIBURON AS THE SOUTHWESTERN MARITIME GATEWAY OF XARAGUA
Official Reference: SCIPS-X/ORP/STMC/CAP-TIB/2025
Constitutional Register: Book I — Territorial Organization — Southwestern Jurisdictions
Place of Promulgation: Miragoâne, Constitutional Capital of Xaragua
Promulgating Authority: Office of the Rector-President
Executing Authorities: Supreme Territorial and Maritime Command; competent territorial, environmental, agricultural, port, fisheries, security, archival, and emergency authorities
Archival Depositary: General Archives of the State
Legal Classification: Supreme Constitutional Territorial Instrument — Cape Jurisdiction Statute — Southwestern Maritime Organization Act — Coastal Administration and Security Decree
Normative Rank: Supreme Constitutional Instrument of Territorial and Maritime Organization
Institutional Status: Constitutionally Entrenched — Permanent — Directly Applicable — Administratively Executable — Binding upon All Authorities and Institutions of Xaragua
Territorial Subject: City and Commune of Tiburon — Cape Tiburon — Bay of Tiburon — Historical Region of Guacayarima — Southwestern Peninsula — Associated Coastal and Maritime Approaches
Constitutional Function: Southwestern Maritime Gateway of Xaragua — Administrative Seat of the Cape Tiburon Jurisdiction — Western Coastal, Fisheries, Navigation, Agricultural, Environmental, Security, and Emergency-Logistics Center
PREAMBLE
THE RECTOR-PRESIDENT OF THE SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA,
Exercising the constituent, constitutional, executive, territorial, maritime, regulatory, administrative, archival, and institutional powers vested in the Office of the Rector-President;
Acting pursuant to the Constitution, the foundational acts of the State, the territorial statutes, the maritime laws, the environmental regulations, and the instruments governing the permanent organization of Xaragua;
Recognizing Miragoâne as the permanent constitutional capital, principal seat of the central government, and supreme place of promulgation;
Recognizing Les Cayes as the principal metropolis and central metropolitan jurisdiction of the Grand South;
Recognizing Jérémie as the western metropolis and principal administrative center of Grand’Anse;
Recognizing Petit-Goâve as the eastern gateway of the Grand South and administrative center of the Xaraguayan Region of the Palmes;
Determining that Tiburon shall exercise a separate, permanent, and complementary constitutional function as the southwestern maritime gateway, seat of the Cape Tiburon Jurisdiction, and principal coastal authority governing the western maritime approaches of the southern peninsula;
Recognizing the Indigenous occupation, settlement, navigation, fishing, cultivation, environmental use, territorial administration, and political organization of the southwestern peninsula before the establishment of European colonial authority;
Recognizing Ayiti, Bohío, and Quisqueya as historically recorded Indigenous names associated with the island;
Recognizing Xaragua as the pre-Columbian political and territorial order associated with the western and southwestern regions;
Recognizing Guacayarima, together with its documented orthographic variants, as an Indigenous territorial designation associated with the far southwestern peninsula;
Taking institutional notice of Cabo Tiburón, Península de Tiburón, and Bahía del Cabo de Tiburón as Spanish colonial and maritime designations;
Taking institutional notice of Cap-Tiburon, Tiburon, and Tibiwon as successive French, post-independence, and Haitian Creole forms;
Recognizing the strategic use of Cape Tiburon by Indigenous navigators, colonial expeditions, military fleets, private maritime forces, merchants, fishers, agricultural communities, and coastal populations;
Recognizing the development of permanent French settlement during the eighteenth century, the establishment of the parish of Cap-Tiburon in 1752, and the incorporation of the territory into the administrative, agricultural, military, port, and customs system of Saint-Domingue;
Recognizing the occupation of Fort Tiburon by British forces in February 1794, its recapture by the forces of André Rigaud in December 1794, its incorporation into the southern command, and its participation in the revolutionary conflicts preceding independence;
Recognizing Tiburon’s subsequent incorporation into the independent Haitian state, the southern and western republic, the reunified national administration, and the successive departmental, arrondissement, communal, and municipal systems;
Taking institutional notice of Tiburon’s present administrative classification as a commune of the Department of the South within the Arrondissement of Chardonnières;
Recognizing the continuing territorial importance of fisheries, cacao, coffee, livestock, food production, forest resources, coastal navigation, maritime commerce, and regional transportation;
Taking institutional notice of the destruction caused by Hurricane Matthew in October 2016;
Determining that the protection of maritime continuity, coastal security, navigation, fisheries, natural resources, emergency logistics, and southwestern territorial access requires the establishment of a permanent constitutional jurisdiction at Tiburon;
HEREBY DECREES, ESTABLISHES, CLASSIFIES, AND ORDERS AS FOLLOWS:
TITLE I — CONSTITUTIONAL STATUS
Article 1 — Permanent designation
Tiburon is hereby constituted, classified, and permanently designated as:
the Southwestern Maritime Gateway of Xaragua;
the administrative seat of the Cape Tiburon Jurisdiction;
the principal state jurisdiction governing the southwestern coastal approaches;
a strategic center for navigation, fisheries, agriculture, coastal security, environmental administration, and emergency logistics;
the principal Xaraguayan territorial interface with Jamaica and the central Caribbean maritime corridor.
Article 2 — Operative legal status
The designation established by Article 1 constitutes an operative constitutional status.
It shall govern the internal organization of all Xaraguayan authorities exercising competence in matters concerning:
coastal administration;
territorial planning;
port and anchorage regulation;
fisheries;
navigation safety;
maritime search and rescue;
coastal surveillance;
environmental protection;
agricultural and maritime logistics;
disaster preparedness and emergency continuity.
Article 3 — Unity of territorial authority
The designation of Tiburon establishes a specialized territorial and maritime jurisdiction. It does not create an authority independent of the constitutional government seated at Miragoâne.
Every institution operating within the Cape Tiburon Jurisdiction shall remain subject to:
the Constitution;
supreme constitutional decrees;
laws and regulations of Xaragua;
the supervisory authority of the Rector-President;
financial, administrative, and archival controls established by law.
Article 4 — Territorial hierarchy
The principal territorial functions are allocated as follows:
Miragoâne: permanent constitutional capital and seat of central authority;
Les Cayes: principal metropolis of the Grand South;
Jérémie: western metropolis and principal center of Grand’Anse;
Petit-Goâve: eastern gateway and administrative center of the Region of the Palmes;
Tiburon: southwestern maritime gateway and seat of the Cape Tiburon Jurisdiction.
This allocation establishes functional specialization under a single constitutional authority.
Article 5 — Protection against administrative reclassification
No ministry, bureau, territorial officer, port authority, public institution, university body, or subordinate administration may abolish, suspend, transfer, or reclassify the constitutional status of Tiburon by ordinary administrative action.
Any subordinate instrument contrary to this Decree shall be without effect within the internal constitutional order of Xaragua.
TITLE II — OFFICIAL AND HISTORICAL NOMENCLATURE
Article 6 — Contemporary official names
The official English and French designation shall be:
TIBURON
The official Haitian Creole designation shall be:
TIBIWON
Either form may be used according to the language of the official instrument.
Article 7 — Indigenous territorial designation
GUACAYARIMA, together with its documented orthographic variants, is recognized as an Indigenous territorial designation associated with the far southwestern region of the island.
Guacayarima shall be classified as a historical regional name. It shall not be represented as the documented name of a pre-Columbian municipality having boundaries identical to the present Commune of Tiburon unless competent historical or archaeological evidence establishes such identity.
Article 8 — Spanish-period designations
The following Spanish territorial and maritime forms shall be preserved:
Cabo Tiburón — Cape Tiburon;
Península de Tiburón — the southern peninsula;
Bahía del Cabo de Tiburón — the bay associated with the cape;
La Española — the Spanish colonial designation of the island.
The official archival formula for the Spanish colonial period shall be:
CABO TIBURÓN, WITHIN THE HISTORICAL REGION OF GUACAYARIMA, LA ESPAÑOLA
Article 9 — Continuity of nomenclature
The General Archives of the State shall record the following territorial succession:
Guacayarima — Cabo Tiburón — Cap-Tiburon — Tiburon — Tibiwon
This succession constitutes a nomenclatural record. It shall not be interpreted as proving that every term possessed identical territorial limits or the same administrative meaning.
Article 10 — State nomenclature register
The General Archives shall establish a permanent nomenclature register containing:
historical spellings;
linguistic classifications;
source references;
cartographic appearances;
applicable historical periods;
geographic scope;
present official usage.
TITLE III — CAPE TIBURON JURISDICTION
Article 11 — Territorial composition
The Cape Tiburon Jurisdiction shall comprise:
the urban and communal jurisdiction of Tiburon;
Cape Tiburon;
the Bay of Tiburon;
recognized port, anchorage, wharf, and landing zones;
coastal roads and maritime-access corridors;
fisheries and fish-landing installations;
agricultural collection areas;
emergency, navigation, communication, and surveillance installations;
additional territory lawfully incorporated by a subsequent delimitation instrument.
Article 12 — Formal delimitation
No final territorial or maritime boundary shall be presumed solely from the present Decree.
The competent authority shall prepare a formal delimitation instrument containing:
geographic coordinates;
cadastral descriptions;
communal and communal-section boundaries;
hydrographic references;
coastal baselines;
road and watershed boundaries;
protected environmental areas;
an authenticated territorial and maritime map.
Article 13 — Administrative seat
The principal seat of the Cape Tiburon Jurisdiction and of every central authority created specifically for its administration shall be located in Tiburon.
Temporary relocation during an emergency shall not alter the permanent legal seat.
TITLE IV — INDIGENOUS TERRITORIAL ORDER
Article 14 — Pre-Columbian occupation
Before 1492, the territory of Tiburon and the wider Guacayarima region formed part of an inhabited and organized Indigenous geography.
The historical record shall include:
coastal and inland settlements;
cultivated land;
fisheries and marine-resource areas;
freshwater systems;
canoe routes;
landing sites;
inland communication paths;
local political authorities;
systems of production, exchange, defense, and collective obligation.
Article 15 — Relation to Xaragua
The southwestern peninsula is constitutionally classified as part of the wider historical territory associated with Xaragua.
Guacayarima and Cape Tiburon constituted the western maritime extremity of that territorial system and provided access to:
southwestern navigation routes;
marine resources;
agricultural and forest territories;
coastal exchange;
communication between the southern and northern coasts of the peninsula;
western maritime defense.
Article 16 — Priority of Indigenous occupation
Indigenous occupation and territorial organization shall be recorded as preceding Spanish, French, British, Haitian, occupation-era, departmental, arrondissement, communal, and municipal government.
Colonial administration shall not be classified as the origin of human occupation or territorial organization in the region.
TITLE V — SPANISH COLONIAL CLASSIFICATION
Article 17 — Spanish jurisdiction
Following 1492, Spanish authorities asserted royal jurisdiction over La Española, including Guacayarima and Cape Tiburon.
This jurisdiction introduced military coercion, compulsory labor, tribute, land redistribution, missionary administration, navigation controls, and the suppression or displacement of Indigenous authorities.
Article 18 — Cabo Tiburón
Cabo Tiburón served as:
a geographic reference point;
a navigational landmark;
a hydrographic designation;
a maritime approach between Hispaniola and Jamaica;
a territorial marker of the southwestern peninsula.
Article 19 — Absence of an established Spanish municipality
The present constitutional record does not establish the existence of a major permanent Spanish municipality at the exact site of the modern town of Tiburon.
Accordingly, the Spanish-period classification shall remain Cabo Tiburón within Guacayarima, unless subsequent documentary or archaeological evidence justifies a more precise municipal designation.
TITLE VI — FRENCH SETTLEMENT AND COLONIAL ADMINISTRATION
Article 20 — Early maritime use
Before permanent French settlement, the cape and bay operated as a navigational landmark, anchorage, assembly point, supply area, and strategic maritime position.
Article 21 — Recorded seventeenth-century activity
The official historical record shall include:
the anchoring of the French flotilla commanded by Jean de Baradat de Cahuzac in October 1629;
the assembly organized in the Cape Tiburon region in 1670 for the maritime expedition associated with Henry Morgan.
These events shall be recorded as maritime and military occurrences and shall not be converted into foundational acts of lawful civil government.
Article 22 — Establishment of Cap-Tiburon
Permanent French colonial settlement developed substantially during the 1740s.
The parish of Cap-Tiburon was established in 1752 and became part of the territorial, parish, agricultural, military, and commercial administration of Saint-Domingue.
Article 23 — Colonial economy
The regional colonial economy included coffee, cacao, sugarcane, indigo, livestock, timber, fisheries, and food production.
It operated within the plantation and slavery system of Saint-Domingue and relied upon the compulsory labor of enslaved Africans and their descendants.
TITLE VII — MILITARY AND REVOLUTIONARY STATUS
Article 24 — Fort Tiburon
Fort Tiburon constituted a coastal military installation responsible for:
observing maritime approaches;
protecting the anchorage;
supporting military operations;
controlling coastal movement;
maintaining territorial authority.
Article 25 — British occupation and recapture
British forces occupied Fort Tiburon in February 1794.
Forces under André Rigaud recaptured the position in December 1794.
The General Archives shall record both operations according to their respective military authorities, dates, objectives, and territorial consequences.
Article 26 — War of the South
During the War of the South of 1799–1800, Tiburon formed part of the struggle concerning regional command, ports, military appointments, agricultural administration, and control of the southern and western territories.
The defeat of Rigaud transferred the territory into the system controlled by Toussaint Louverture.
Article 27 — Independence
The defeat of French forces and the proclamation of Haitian independence on 1 January 1804 terminated French sovereignty over Tiburon.
The territory was incorporated into the independent state established under Jean-Jacques Dessalines.
TITLE VIII — MODERN ADMINISTRATIVE STATUS
Article 28 — Haitian territorial administration
Following independence, Tiburon was successively incorporated into:
the state governed by Jean-Jacques Dessalines;
the southern and western republic governed by Alexandre Pétion;
the reunified administration established under Jean-Pierre Boyer;
subsequent national, departmental, arrondissement, communal, and municipal structures.
Article 29 — Present administrative classification
Tiburon is recorded as a commune of the Department of the South and as a component of the Arrondissement of Chardonnières.
The internal constitutional designation established by this Decree shall coexist with the territorial classifications recognized by the competent public authorities exercising jurisdiction in Haiti.
TITLE IX — CAPE TIBURON MARITIME AUTHORITY
Article 30 — Establishment
A public institution designated as the Cape Tiburon Maritime Authority shall be established by an implementing statute or rectoral decree.
Its principal seat shall be located in Tiburon.
Article 31 — Competence
The Authority shall exercise the functions assigned by law concerning:
port and anchorage administration;
fisheries registration;
navigation safety;
maritime search and rescue;
coastal observation;
marine pollution prevention;
vessel and casualty reporting;
hydrographic and meteorological information;
emergency maritime transport;
protection of critical coastal infrastructure.
Article 32 — Administrative limits
The Maritime Authority may exercise only those enforcement, vessel-registration, customs, policing, or navigation powers lawfully conferred upon it.
The creation of the Authority shall not, by itself, establish internationally recognized territorial waters, customs jurisdiction, vessel nationality, or coercive authority over persons not subject to the internal legal order of Xaragua.
Article 33 — Records and accountability
The Authority shall maintain:
an annual operational report;
audited financial statements;
port and landing-site registers;
fisheries and vessel records;
incident and casualty reports;
procurement records;
environmental reports;
emergency-response plans;
archival deposits.
TITLE X — FISHERIES, AGRICULTURE, AND NATURAL RESOURCES
Article 34 — Fisheries administration
The fisheries system shall provide for:
registration of fishers and locally administered vessels;
catch records;
safety equipment;
landing-site administration;
cold storage;
processing and distribution;
conservation measures;
cooperative organization;
emergency communications.
Article 35 — Agricultural functions
Tiburon shall serve as a southwestern collection, processing, storage, and distribution center for:
cacao;
coffee;
fruit;
food crops;
livestock products;
fisheries products;
legally harvested forest products.
Article 36 — Environmental administration
The competent authorities shall establish regulations concerning:
forest inventories;
watershed protection;
reforestation;
erosion control;
coastal construction;
mangroves and wetlands;
drinking-water sources;
agricultural soils;
marine pollution;
protected coastal and mountain ecosystems.
TITLE XI — DISASTER SECURITY AND CONTINUITY
Article 37 — High-exposure jurisdiction
Tiburon is classified as a high-exposure coastal jurisdiction subject to:
hurricanes;
extreme winds;
storm surge;
coastal and river flooding;
landslides;
road isolation;
maritime interruption;
communications failure;
disruption of water and energy systems.
Article 38 — Hurricane Matthew
The effects of Hurricane Matthew in October 2016 shall be permanently incorporated into the territorial risk record.
The record shall include damage to housing, agriculture, livestock, fisheries, roads, bridges, water, electricity, communications, and public services.
Article 39 — Mandatory continuity measures
The Cape Tiburon Jurisdiction shall maintain:
hurricane-resistant public facilities;
emergency shelters;
coastal and inland evacuation routes;
protected water supplies;
decentralized energy capacity;
food, fuel, and medical reserves;
redundant radio and satellite communications;
emergency maritime transportation;
protected archives;
alternate administrative facilities.
TITLE XII — INTERREGIONAL COORDINATION
Article 40 — Tiburon–Les Cayes corridor
The Tiburon–Les Cayes corridor is designated as strategic infrastructure for transportation, agricultural distribution, emergency deployment, medical evacuation, public records, and port coordination.
Article 41 — Tiburon–Jérémie connection
The Tiburon–Jérémie connection shall be administered as a strategic western and southern continuity route supporting commerce, public services, disaster response, and alternative access.
Article 42 — Jamaica maritime approach
Tiburon’s geographic relationship with Jamaica shall be incorporated into planning concerning navigation, weather information, search and rescue, fisheries, lawful commerce, and emergency communication.
No international agreement or external operational commitment may be concluded except by an authority possessing the required constitutional and legal competence.
TITLE XIII — ARCHIVES AND PUBLIC REGISTERS
Article 43 — Cape Tiburon Register
The General Archives of the State shall establish the Cape Tiburon Register.
The Register shall contain:
this Decree;
implementing instruments;
territorial and hydrographic maps;
boundary descriptions;
port and anchorage records;
fisheries registers;
environmental records;
emergency plans;
public-property records;
annual administrative reports.
Article 44 — Historical documentary program
The General Archives and the University of Xaragua shall maintain documentary programs concerning:
Indigenous Guacayarima;
the relationship between Guacayarima and Xaragua;
Spanish Cabo Tiburón;
historical cartography;
early European maritime activity;
Cap-Tiburon parish;
Fort Tiburon;
British occupation and Rigaud’s recapture;
the Haitian Revolution;
independence;
post-independence administration;
fisheries and agricultural history;
Hurricane Matthew;
the constitutional designation established by this Decree.
TITLE XIV — EXECUTION AND CONSTITUTIONAL PROTECTION
Article 45 — Official formula
All competent institutions are authorized to use the following formula:
TIBURON — SOUTHWESTERN MARITIME GATEWAY OF XARAGUA AND SEAT OF THE CAPE TIBURON JURISDICTION
Article 46 — Implementing authority
The Office of the Rector-President shall issue the appointments, regulations, budgets, organizational statutes, maps, infrastructure plans, administrative directives, and territorial instruments required for implementation.
Article 47 — Financial control
No institution created pursuant to this Decree may collect revenue, impose charges, contract debt, acquire public property, or expend state funds without:
a legal appropriation or financial authorization;
an identified accounting authority;
an official register;
an audit procedure;
an annual financial report.
Article 48 — Constitutional entrenchment
The status of Tiburon shall not be repealed, transferred, or diminished by implication.
Any amendment shall expressly regulate:
territorial continuity;
maritime competence;
Cape Tiburon jurisdiction;
fisheries and port functions;
maritime safety;
emergency logistics;
environmental administration;
institutional relocation;
archival preservation;
relations with Les Cayes and Jérémie.
Article 49 — Emergency continuity
Hurricane, storm surge, maritime accident, road interruption, evacuation, infrastructure failure, or temporary displacement of public services shall not terminate the constitutional status of Tiburon.
Article 50 — Entry into force
This Decree shall enter into force upon promulgation within the internal constitutional order of Xaragua.
It shall be entered in:
the Supreme Constitutional Register;
the Territorial Register;
the Maritime Register;
the Cape Tiburon Register;
the Official Gazette;
the General Archives of the State;
the institutional records of every executing authority.
FINAL CONSTITUTIONAL DETERMINATION
For the purposes of the constitutional, territorial, historical, maritime, agricultural, environmental, administrative, and emergency organization of Xaragua, Tiburon is hereby recorded and classified as:
a territory of Indigenous occupation predating European colonization;
a component of the historical political order of Xaragua;
a coastal jurisdiction associated with the Indigenous regional name Guacayarima;
a territory identified in Spanish maritime geography as Cabo Tiburón;
a component of the wider Península de Tiburón;
a strategic navigational position between Hispaniola, Jamaica, and the central Caribbean;
a site of European maritime activity from the seventeenth century;
a French colonial settlement and parish developed during the eighteenth century;
a port, agricultural, military, and coastal center of Saint-Domingue;
the site of Fort Tiburon;
a contested jurisdiction during the Haitian Revolution;
a position occupied by British forces and recaptured by André Rigaud in 1794;
a component of the southern command and the War of the South;
a territory incorporated into the independent Haitian state;
a permanent municipal, agricultural, fisheries, coastal, and maritime jurisdiction;
a commune of the Department of the South within the Arrondissement of Chardonnières;
a high-exposure coastal jurisdiction severely affected by Hurricane Matthew;
the permanent seat of the Cape Tiburon Jurisdiction;
the permanent Southwestern Maritime Gateway of Xaragua.
Tiburon shall serve as the jurisdiction through which Xaragua internally organizes its southwestern maritime access, coastal navigation, fisheries, port facilities, maritime safety, agricultural distribution, environmental administration, disaster response, and territorial connections with the South and Grand’Anse.
Its functions shall operate under the supreme constitutional authority seated at Miragoâne and in administrative coordination with Les Cayes, Jérémie, Petit-Goâve, and every competent territorial institution.
EXECUTORY ORDER
Every authority, officer, institution, register, bureau, commission, and public entity subject to the constitutional order of Xaragua is ordered to:
take formal notice of this Decree;
incorporate its territorial terminology into official records;
establish the required registers;
prepare the necessary implementing instruments;
preserve the historical record;
execute the administrative provisions falling within its lawful competence;
report implementation to the Office of the Rector-President.
ISSUED, PROMULGATED, COUNTERSIGNED, AND ORDERED FOR EXECUTION AND ARCHIVAL REGISTRATION
By the constitutional authority of the Rector-President
PASCAL DESPUZEAU DAUMEC VIAU
Rector-President of Xaragua
Issued at Miragoâne, Constitutional Capital of Xaragua.
OFFICE OF THE RECTOR-PRESIDENT
SUPREME CONSTITUTIONAL AUTHORITY
SUPREME TERRITORIAL AND MARITIME COMMAND
GENERAL ARCHIVES OF THE STATE
CAPE TIBURON REGISTER
OFFICIAL GAZETTE OF XARAGUA
CERTIFIED CONSTITUTIONAL FORMULA
REGISTERED — PROMULGATED — EXECUTORY — ARCHIVED
TIBURON — SOUTHWESTERN MARITIME GATEWAY OF XARAGUA

Aquin


SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

GENERAL ARCHIVES OF THE STATE

SUPREME TERRITORIAL AND MARITIME ADMINISTRATION

SUPREME ORGANIC CONSTITUTIONAL DECREE

ESTABLISHING THE HISTORICAL CLASSIFICATION, INDIGENOUS TERRITORIAL CONTINUITY, INSTITUTIONAL JURISDICTION, MARITIME ADMINISTRATION, AGRICULTURAL COMMAND, AND PERMANENT CONSTITUTIONAL STATUS OF AQUIN AS THE SOUTHERN MARITIME AND AGRO-INDUSTRIAL GATEWAY OF XARAGUA

Official Reference: SCIPS-X/ORP/STMA/YAQ-AQN/2025

Constitutional Register: Book I — Territorial Organization — Title VI — Southern Maritime Jurisdictions

Territorial Register: Yaquimo–Aquin Jurisdiction

Place of Promulgation: Miragoâne, Constitutional Capital of Xaragua

Promulgating Authority: Office of the Rector-President

Executing Authority: Supreme Territorial and Maritime Administration

Archival Authority: General Archives of the State

Administrative Classification: Foundational Territorial Organization Instrument

Legal Classification: Supreme Southern Coastal Organization Act — Yaquimo–Aquin Organic Territorial Statute — Agricultural and Maritime Administration Instrument — Historical Classification Decree

Normative Rank: Supreme Constitutional Instrument of Territorial, Maritime, Agricultural, Environmental, and Administrative Organization

Force of Execution: Immediate upon Promulgation

Duration: Permanent

Institutional Effect: Constitutionally Entrenched — Directly Applicable — Administratively Executable — Binding upon Every Authority and Institution of Xaragua

Territorial Subject: Aquin — Aken — Yaquimo — Aquimo — Vieux-Bourg-d’Aquin — Commune and Arrondissement of Aquin — Bay and Coastal Approaches of Aquin — Associated Agricultural, Maritime, Environmental, and Transportation Zones

Constitutional Function: Southern Maritime and Agro-Industrial Gateway — Seat of the Yaquimo–Aquin Jurisdiction — Eastern Maritime Entrance to the Department of the South — Regional Agricultural, Fisheries, Commercial, Environmental, Transportation, and Emergency-Logistics Command

ENACTING AUTHORITY

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

In exercise of the supreme constituent and constitutional authority of the State;

In execution of the territorial powers vested in the Office of the Rector-President;

For the permanent organization of the southern maritime, agricultural, commercial, environmental, and logistical jurisdictions of Xaragua;

For the official classification and administrative conservation of the historical record of Yaquimo–Aquin;

For the establishment of an integrated public authority governing agricultural production, coastal infrastructure, fisheries, markets, transportation, emergency continuity, territorial archives, and regional services;

DOES HEREBY PROMULGATE, ENACT, CLASSIFY, CONSTITUTE, AND ORDER THE EXECUTION OF THE PRESENT SUPREME ORGANIC CONSTITUTIONAL DECREE.

PREAMBLE OF TERRITORIAL DETERMINATION

The constitutional organization of Aquin is founded upon the cumulative territorial record formed by:

Indigenous occupation and administration before 1492;

the historical Indigenous name Yaquimo, together with the recorded form Aquimo;

incorporation into the pre-Columbian political geography of Xaragua;

Spanish colonial intervention and territorial reorganization;

incorporation into French Saint-Domingue;

the establishment of Aquin as a parish, agricultural jurisdiction, coastal settlement, and administrative center;

participation in the revolutionary government of the South;

military operations during the War of the South;

incorporation into the independent Haitian state;

administration under the southern and western republic;

incorporation into the reunified national government;

nineteenth- and twentieth-century municipal and departmental administration;

the present status of Aquin as chief town of its arrondissement;

the permanent agricultural and maritime functions of the region;

the constitutional organization of Aquin within Xaragua.

The historical record shall be administered as an integrated state record. No period shall be treated as extinguishing the documented territorial existence of the preceding periods.

TITLE I — SUPREME CONSTITUTIONAL DESIGNATION

Article 1 — Establishment of constitutional status

Aquin is hereby permanently established as:

the Southern Maritime and Agro-Industrial Gateway of Xaragua;

the seat of the Yaquimo–Aquin Jurisdiction;

the eastern maritime entrance to the Department of the South;

the principal agricultural coordination jurisdiction between Miragoâne and Les Cayes;

a regional center for fisheries, coastal commerce, transportation, public services, environmental administration, and emergency logistics.

This designation shall possess full administrative effect throughout the internal constitutional order of Xaragua.

Article 2 — Organic nature

The status conferred upon Aquin is organic, territorial, administrative, maritime, agricultural, economic, environmental, and archival.

It shall not be treated as an honorary, ceremonial, promotional, or temporary designation.

Article 3 — Administrative seat

Aquin shall be the permanent seat of:

the Yaquimo–Aquin Territorial Authority;

the Southern Agricultural Coordination Directorate;

the Aquin Coastal and Fisheries Administration;

the Yaquimo–Aquin Territorial Register;

the Aquin Environmental Register;

every additional jurisdictional body established for the execution of this Decree.

Article 4 — Territorial chain of command

The constitutional chain of territorial authority shall be:

Office of the Rector-President;

Supreme Territorial and Maritime Administration;

Yaquimo–Aquin Territorial Authority;

competent directorates, bureaus, registries, commissions, and territorial services;

local executing officers appointed or recognized pursuant to Xaraguayan law.

All subordinate authorities shall act within the powers expressly assigned to them.

Article 5 — Territorial hierarchy of principal cities

The principal territorial hierarchy of Xaragua is established as follows:

Miragoâne: constitutional capital, seat of supreme authority, principal place of promulgation, and central archival jurisdiction;

Les Cayes: principal metropolis and central metropolitan jurisdiction of the Grand South;

Jérémie: western metropolis and principal administrative center of Grand’Anse;

Petit-Goâve: eastern gateway of the Grand South and administrative center of the Region of the Palmes;

Tiburon: southwestern maritime gateway and seat of the Cape Tiburon Jurisdiction;

Aquin: southern maritime and agro-industrial gateway and seat of the Yaquimo–Aquin Jurisdiction.

These functions are complementary and shall operate under one constitutional authority.

Article 6 — Protection of status

The constitutional designation of Aquin may not be abolished, transferred, suspended, subordinated, or modified by ordinary administrative decision.

Every act incompatible with this status shall be without internal legal effect unless adopted through an express supreme constitutional instrument.

TITLE II — OFFICIAL TERRITORIAL NOMENCLATURE

Article 7 — Official contemporary names

The official French and English name shall be:

AQUIN

The official Haitian Creole name shall be:

AKEN

Both forms shall possess equal institutional validity according to the language of the instrument in which they appear.

Article 8 — Indigenous designation

The Indigenous territorial name shall be:

YAQUIMO

The historical form AQUIMO shall be entered as a recognized orthographic variant.

Yaquimo shall constitute the official name of the pre-Columbian historical classification and the Indigenous component of the present jurisdictional title.

Article 9 — Spanish-period designation

The official archival designation applicable to the Spanish colonial period shall be:

YAQUIMO–AQUIMO, SOUTHWESTERN TERRITORY OF LA ESPAÑOLA

No distinct Spanish municipal name shall be entered into the constitutional record without an authenticated documentary basis.

Article 10 — French and national designations

The official nomenclatural succession shall be registered as:

YAQUIMO — AQUIMO — AQUIN — AKEN

The name Vieux-Bourg-d’Aquin shall be preserved as the historical designation of the former settlement sector associated with Indigenous occupation, colonial reorganization, and revolutionary military operations.

Article 11 — Nomenclature administration

The General Archives of the State shall maintain a certified nomenclature file identifying:

every known historical form;

the language of each form;

its documentary source;

the period of use;

its territorial scope;

its administrative classification;

its official contemporary use.

TITLE III — INDIGENOUS TERRITORIAL CLASSIFICATION

Article 12 — Pre-Columbian occupation

Before European colonial intervention, Yaquimo constituted an inhabited, cultivated, navigated, and politically organized Indigenous territory.

The territorial system comprised:

residential settlements;

cultivated zones;

fishing grounds;

freshwater sources;

canoe routes;

coastal landing sites;

inland communication routes;

local jurisdictions;

systems of production and exchange;

territorial-defense functions.

Article 13 — Incorporation into Xaragua

Yaquimo formed part of the southern territorial and maritime system of Xaragua.

Its functions included:

administration of the southern coastal plain;

agricultural production;

coastal navigation;

maritime and inland communication;

fisheries;

management of water and natural resources;

territorial connection between eastern and central southern communities;

protection of the southern maritime approaches.

Article 14 — Priority of territorial authority

The Indigenous political order shall be entered as the earliest organized territorial authority applicable to Yaquimo.

Spanish and French colonial administrations, revolutionary commands, Haitian governments, foreign-occupation authorities, departments, arrondissements, communes, and municipalities constitute successive administrative systems operating within a territory whose occupation and organization preceded them.

Article 15 — Indigenous territorial record

The General Archives shall establish a permanent documentary division responsible for:

Indigenous settlement records;

archaeological information;

historical cartography;

Indigenous names;

agricultural and maritime practices;

territorial routes;

environmental knowledge;

relations between Yaquimo and the wider political system of Xaragua.

TITLE IV — SPANISH COLONIAL ADMINISTRATION

Article 16 — Establishment of Spanish authority

Following 1492, Spanish colonial authorities asserted royal jurisdiction over La Española, including Yaquimo.

Spanish administration introduced:

military occupation;

compulsory labor;

tribute;

land redistribution;

missionary administration;

regulation of Indigenous populations;

control of navigation and resources;

demographic displacement.

Article 17 — Territorial reorganization

The Spanish administration displaced or reorganized Indigenous settlements according to colonial labor, security, religious, and territorial requirements.

The historical record associates the reorganization of Yaquimo with the area of Gros-Lime and the confluence of the Boirond and Brodequin waterways.

This operation shall be classified as a colonial administrative reorganization of a pre-existing settlement.

Article 18 — Spanish-period legal nomenclature

The absence of a separately authenticated Spanish municipal title shall not interrupt the official territorial record.

All Spanish-period files shall be classified under:

YAQUIMO–AQUIMO — LA ESPAÑOLA — SOUTHWESTERN TERRITORIAL JURISDICTION

Article 19 — Reduction of Spanish control

Spanish administration in western and southwestern Hispaniola declined through:

demographic collapse;

transfer of imperial personnel and resources;

concentration of colonial government in the eastern territory;

contraband commerce;

maritime incursions;

forced depopulation;

the Devastations of Osorio;

expansion of French settlement.

TITLE V — FRENCH COLONIAL ADMINISTRATION

Article 20 — Incorporation into Saint-Domingue

Following the establishment of French control in western Hispaniola, Aquin was incorporated into Saint-Domingue.

The territory became subject to French:

civil administration;

parish organization;

military authority;

plantation regulation;

racial legislation;

customs administration;

commercial regulation;

maritime jurisdiction.

Article 21 — Documentary establishment

Parish and civil-status records preserved by the French colonial archives document Aquin during the early eighteenth century, including records from the 1730s.

Aquin shall accordingly be classified as an established parish and civil-administrative jurisdiction of eighteenth-century Saint-Domingue.

Article 22 — Colonial administrative functions

The Aquin jurisdiction administered:

parish affairs;

civil registration;

agricultural territories;

plantation districts;

coastal commerce;

fisheries;

local defense;

roads and inland routes;

movement of agricultural products;

relations with neighboring southern jurisdictions.

Article 23 — Plantation economy

The colonial economy of Aquin formed part of the plantation and slavery system of Saint-Domingue.

Production included:

coffee;

cacao;

sugarcane;

cotton;

indigo;

citrus;

coconut;

livestock;

food crops;

fisheries.

The system depended upon the compulsory labor of enslaved Africans and their descendants.

Article 24 — Municipal organization

Aquin’s late colonial municipal organization is conventionally associated with 1776.

The official historical register shall distinguish among:

Indigenous Yaquimo;

Spanish-period Yaquimo–Aquimo;

the French parish of Aquin;

colonial municipal organization;

the post-independence Commune of Aquin;

the contemporary Yaquimo–Aquin Jurisdiction.

TITLE VI — REVOLUTIONARY AND MILITARY CLASSIFICATION

Article 25 — Revolutionary jurisdiction

The revolutionary conflict beginning in 1791 transferred effective authority from the ordinary colonial system to competing civil and military commands.

Aquin possessed strategic value because of its:

agricultural resources;

southern coastal position;

maritime access;

road network;

proximity to Saint-Louis-du-Sud and Les Cayes;

position on the eastern approach to the southern military territory.

Article 26 — Southern command

Aquin formed part of the political, military, and administrative system exercised under André Rigaud.

Its functions included:

troop movement;

territorial defense;

agricultural supply;

coastal observation;

road communication;

local military administration;

support for the eastern boundary of the southern command.

Article 27 — War of the South

During the War of the South of 1799–1800, Aquin formed part of the conflict concerning:

supreme military command;

regional jurisdiction;

ports and customs;

civil and military appointments;

agricultural administration;

control of the southern and western territories;

the institutional position of the southern officer corps.

Article 28 — Vieux-Bourg-d’Aquin

Vieux-Bourg-d’Aquin shall be entered into the State Historical Register as a principal operational sector of the final military phase between the forces of André Rigaud and Toussaint Louverture.

The archival record shall identify:

the commands involved;

the participating forces;

troop movements;

military engagements;

changes of territorial control;

administrative consequences.

Article 29 — Transfer of command

Following the defeat of Rigaud, Aquin was incorporated into the territorial and military system controlled by Toussaint Louverture.

The transfer affected military command, civil appointments, agricultural administration, communications, and regional authority.

Article 30 — War of Independence

Aquin was incorporated into the conflict produced by the French expedition of 1802 and the subsequent War of Independence.

The proclamation of independence on 1 January 1804 terminated French sovereignty and incorporated Aquin into the independent Haitian state.

TITLE VII — NATIONAL AND ADMINISTRATIVE CONTINUITY

Article 31 — Independent state

Under the government established by Jean-Jacques Dessalines, Aquin retained functions in:

territorial administration;

military movement;

agricultural production;

coastal navigation;

regional commerce;

communication between the eastern and central South.

Article 32 — Southern and western republic

Following the constitutional division of 1806, Aquin formed part of the southern and western republic governed by Alexandre Pétion.

Its territorial administration remained connected with Les Cayes, Miragoâne, Saint-Louis-du-Sud, and the wider southern governmental system.

Article 33 — Reunified administration

The reunification completed under Jean-Pierre Boyer in 1820 incorporated Aquin into the centralized national administration.

Article 34 — Nineteenth-century public functions

During the nineteenth century, Aquin operated as a jurisdiction of:

municipal government;

agriculture;

fisheries;

coastal trade;

military transit;

judicial administration;

road communication;

public markets;

regional transportation.

Article 35 — Foreign occupation

During the United States occupation of Haiti from 1915 to 1934, Aquin was incorporated into the centralized system governing public finance, policing, infrastructure, road administration, customs, and territorial supervision.

Article 36 — Contemporary departmental status

Aquin is the chief town of the Arrondissement of Aquin within the Department of the South.

This classification shall form part of the official territorial record maintained by the General Archives.

Article 37 — Fond-des-Blancs reclassification

Territories historically administered through Aquin and subsequently incorporated into the Commune of Fond-des-Blancs shall remain documented in the historical territorial register.

Present administrative boundaries shall be entered separately from earlier territorial affiliations.

TITLE VIII — AGRICULTURAL COMMAND

Article 38 — Agricultural classification

Aquin is established as a principal agricultural command, collection, processing, storage, certification, and distribution jurisdiction of the eastern and central South.

Article 39 — Strategic agricultural sectors

The competent authorities shall maintain sectoral registers for:

citrus;

coconut;

coffee;

cacao;

sugarcane;

fruit;

food crops;

livestock;

fisheries products;

authorized natural-resource products.

Article 40 — Production administration

Agricultural administration shall include:

producer identification;

production registers;

quality standards;

collection facilities;

storage;

cold-chain infrastructure;

processing;

packaging;

market certification;

transportation and distribution.

Article 41 — Agro-industrial zones

The territorial authority may establish regulated agro-industrial zones containing:

processing facilities;

warehouses;

drying and fermentation installations;

refrigeration facilities;

equipment depots;

laboratories;

transport terminals;

producer-service offices;

energy and water infrastructure.

Article 42 — Agricultural land register

A permanent Agricultural Land Register shall record:

land classification;

productive use;

irrigation infrastructure;

soil conditions;

erosion risk;

agricultural roads;

watershed restrictions;

authorized development;

protected productive zones.

Article 43 — Financial control

Every agricultural credit, grant, guarantee, equipment, procurement, or subsidy program shall require:

legal authorization;

budgetary appropriation;

written eligibility rules;

beneficiary registration;

contractual documentation;

inspection;

accounting records;

audit;

annual reporting.

TITLE IX — MARITIME AND FISHERIES ADMINISTRATION

Article 44 — Strategic coastal infrastructure

The Bay of Aquin, coastal approaches, landing sites, fishing installations, anchorage areas, and related transportation facilities are classified as strategic regional infrastructure.

Article 45 — Aquin Coastal and Fisheries Administration

An Aquin Coastal and Fisheries Administration shall be established within the Yaquimo–Aquin Territorial Authority.

It shall exercise the functions assigned by law concerning:

landing facilities;

fisheries registration;

maritime safety;

coastal freight;

passenger transport;

emergency maritime operations;

environmental monitoring;

port and anchorage records.

Article 46 — Fisheries register

The Administration shall maintain records concerning:

registered fishers;

locally administered vessels;

fishing equipment;

catch data;

landing sites;

conservation periods;

processing facilities;

cold storage;

commercial distribution;

maritime incidents.

Article 47 — Navigation administration

The competent authority shall issue rules concerning:

anchorage;

landing;

navigation markers;

weather reporting;

emergency radio communication;

inspection of locally administered vessels;

storm closures;

accident reporting;

search-and-rescue coordination.

TITLE X — ENVIRONMENTAL AND WATER ADMINISTRATION

Article 48 — Environmental jurisdiction

The Yaquimo–Aquin Territorial Authority shall administer:

mangroves;

wetlands;

coastal vegetation;

fisheries habitats;

agricultural soils;

watersheds;

drinking-water sources;

coastal construction zones;

erosion-control areas;

regulated extraction sites.

Article 49 — Boirond and Brodequin water system

The Boirond and Brodequin waterways and their associated drainage and watershed systems shall be entered into the Territorial Water Register.

Administrative measures shall regulate:

flood control;

water quality;

irrigation;

drainage;

construction setbacks;

erosion;

reforestation;

protection of drinking-water sources.

Article 50 — Environmental authorization

No major coastal, agricultural, industrial, port, extraction, or infrastructure project may be authorized without:

territorial classification;

environmental assessment;

water-impact review;

drainage analysis;

identified mitigation measures;

administrative approval;

inspection and reporting.

TITLE XI — INFRASTRUCTURE AND TERRITORIAL CORRIDORS

Article 51 — Miragoâne–Aquin corridor

The Miragoâne–Aquin corridor is classified as strategic infrastructure of constitutional and territorial continuity.

It shall support:

movement of state officers;

transmission of official records;

agricultural transport;

emergency deployment;

commercial distribution;

communication between Nippes and the Department of the South.

Article 52 — Aquin–Les Cayes corridor

The Aquin–Les Cayes corridor shall serve:

metropolitan supply;

passenger and freight transport;

agricultural processing;

medical referrals;

public administration;

emergency deployment;

academic coordination;

communications continuity.

Article 53 — Aquin–Fond-des-Blancs axis

The Aquin–Fond-des-Blancs axis is designated as a strategic agricultural, watershed, commercial, and public-service corridor.

Article 54 — Eastern South network

Aquin, Saint-Louis-du-Sud, Cavaillon, and Fond-des-Blancs shall constitute a coordinated territorial network for:

agriculture;

fisheries;

markets;

transportation;

coastal services;

environmental management;

emergency response;

public-service continuity.

TITLE XII — PUBLIC SERVICES

Article 55 — Administrative center

Aquin shall maintain regional capacity for:

civil registration;

public records;

land administration;

commercial licensing;

agricultural documentation;

judicial and prosecutorial services;

public-security coordination;

emergency administration.

Article 56 — Health services

The jurisdiction shall maintain:

emergency medicine;

maternal and pediatric care;

trauma stabilization;

public-health surveillance;

pharmaceutical reserves;

disaster medicine;

medical evacuation capacity.

Article 57 — Education and technical formation

Educational institutions shall prioritize:

agriculture;

agro-industrial processing;

fisheries;

navigation;

environmental management;

construction;

emergency administration;

public administration;

commerce and accounting;

equipment and vessel maintenance.

Article 58 — Essential services

The territorial authority shall coordinate:

potable water;

sanitation;

drainage;

solid-waste administration;

energy;

telecommunications;

roads and bridges;

markets;

port and landing facilities;

emergency installations.

TITLE XIII — DISASTER COMMAND AND CONTINUITY

Article 59 — Risk classification

Aquin is classified as a coastal, seismic, hydrological, and climatic-risk jurisdiction.

The permanent risk register shall include:

hurricanes;

earthquakes;

storm surge;

river and coastal flooding;

landslides;

drought;

road interruption;

communications failure;

interruption of electricity and water;

agricultural loss.

Article 60 — Hurricane Matthew

The effects of Hurricane Matthew in October 2016 shall be entered into the permanent disaster record of Aquin and the Department of the South.

Article 61 — Earthquake of 14 August 2021

The earthquake of 14 August 2021 shall be entered into the permanent seismic and infrastructure record of the Yaquimo–Aquin Jurisdiction.

Article 62 — Continuity installations

The territorial authority shall maintain:

emergency command facilities;

shelters;

seismic and hurricane-resistant public buildings;

protected water reserves;

decentralized energy;

food, fuel, and medical reserves;

alternate communications;

evacuation routes;

temporary administrative sites;

protected and replicated archives.

TITLE XIV — TERRITORIAL GOVERNMENT

Article 63 — Yaquimo–Aquin Territorial Authority

The Yaquimo–Aquin Territorial Authority is hereby constituted as the principal coordinating body of the jurisdiction.

Its organization shall be completed by implementing statute or rectoral decree.

Article 64 — Administrative competence

The Authority shall coordinate:

territorial planning;

agriculture;

agro-industrial development;

fisheries;

markets;

coastal administration;

transportation;

water and sanitation;

environmental protection;

emergency management;

regional economic administration.

Article 65 — Mandatory institutional divisions

The Authority shall include, subject to its organic statute:

Office of Territorial Administration;

Agricultural Production Directorate;

Agro-Industrial Infrastructure Directorate;

Coastal and Fisheries Administration;

Environmental and Water Directorate;

Infrastructure and Transportation Directorate;

Emergency Continuity Office;

Territorial Registry and Archives Office;

Finance, Procurement, and Audit Office.

Article 66 — Administrative accountability

The Authority shall submit to the Office of the Rector-President:

an annual administrative report;

audited financial statements;

infrastructure reports;

agricultural and fisheries statistics;

public-property records;

procurement records;

environmental assessments;

emergency-readiness reports;

certified archival deposits.

TITLE XV — ARCHIVAL GOVERNMENT

Article 67 — Yaquimo–Aquin Territorial Register

The General Archives shall maintain a permanent register containing:

the present Decree;

all implementing instruments;

official maps;

boundary descriptions;

historical nomenclature;

institutional appointments;

public-property records;

agricultural registers;

maritime and fisheries records;

environmental records;

infrastructure plans;

annual administrative reports.

Article 68 — Permanent historical program

The General Archives and the University of Xaragua shall maintain an institutional research and documentation program concerning:

Indigenous Yaquimo;

Yaquimo within Xaragua;

Spanish-period Aquimo;

colonial territorial reorganization;

Vieux-Bourg-d’Aquin;

the French parish and municipality;

plantation administration and slavery;

agriculture and coastal commerce;

the Haitian Revolution;

André Rigaud;

the War of the South;

independence;

post-independence government;

foreign occupation;

modern administrative development;

hurricanes and earthquakes;

the constitutional organization of Aquin.

Article 69 — Historical-site classification

Sites associated with Indigenous occupation, colonial administration, plantation production, revolutionary military operations, independence, public institutions, port activity, fisheries, and disaster history shall be identified and entered into a protected-site register.

TITLE XVI — EXECUTION, SUPREMACY, AND ENTRENCHMENT

Article 70 — Official constitutional formula

The official formula shall be:

AQUIN — SOUTHERN MARITIME AND AGRO-INDUSTRIAL GATEWAY OF XARAGUA — SEAT OF THE YAQUIMO–AQUIN JURISDICTION

The Haitian Creole administrative formula shall be:

AKEN — PÒTAY MARITIM AK AGWO-ENDISTRIYÈL SID XARAGUA — SYÈJ JIRIDIKSYON YAQUIMO–AKEN

Article 71 — Implementing power

The Office of the Rector-President shall issue every appointment, regulation, institutional statute, budgetary authorization, territorial map, administrative directive, development plan, infrastructure order, and sectoral regulation required for execution.

Article 72 — Supremacy

Every authority and institution of Xaragua shall conform its:

territorial terminology;

official maps;

institutional registers;

administrative acts;

development plans;

financial instruments;

public communications;

archival classifications;

to the status established by this Decree.

Article 73 — Constitutional entrenchment

The status of Aquin shall not be repealed, transferred, or diminished by implication.

Any amendment shall expressly regulate:

the Yaquimo–Aquin Jurisdiction;

territorial continuity;

administrative succession;

agricultural command;

maritime administration;

environmental jurisdiction;

strategic corridors;

public services;

financial consequences;

archives;

relations with Miragoâne and Les Cayes.

Article 74 — Emergency continuity

Earthquake, hurricane, flood, maritime accident, evacuation, road interruption, infrastructure failure, or temporary institutional displacement shall not terminate the constitutional status of Aquin.

Article 75 — Entry into force

This Decree shall enter into force immediately upon promulgation.

It shall be registered in:

the Supreme Constitutional Register;

the Territorial Register;

the Maritime Register;

the Agricultural Register;

the Environmental Register;

the Yaquimo–Aquin Territorial Register;

the Official Gazette;

the General Archives of the State.

FINAL CONSTITUTIONAL DETERMINATION

The Supreme Constitutional Authority hereby records and determines that Aquin constitutes:

an Indigenous territorial jurisdiction predating European colonial government;

a component of the pre-Columbian political order of Xaragua;

the historical territory identified as Yaquimo and Aquimo;

a territory subjected to Spanish colonial jurisdiction and administrative reorganization;

a jurisdiction incorporated into French Saint-Domingue;

an eighteenth-century parish and civil-administrative district;

a colonial agricultural, maritime, commercial, and military center;

a territory incorporated into the plantation and slavery system;

a strategic jurisdiction of the Haitian Revolution;

a component of André Rigaud’s southern command;

a principal operational sector of the War of the South;

a territory incorporated into the independent state in 1804;

a component of the southern and western republic;

a permanent municipal, agricultural, fisheries, commercial, and transportation center;

a jurisdiction incorporated into the occupation system of 1915–1934;

the chief town of the Arrondissement of Aquin;

a strategic junction between Miragoâne and Les Cayes;

a coastal and seismic-risk jurisdiction;

the permanent seat of the Yaquimo–Aquin Territorial Authority;

the Southern Maritime and Agro-Industrial Gateway of Xaragua.

Aquin shall exercise the territorial, agricultural, maritime, environmental, commercial, infrastructure, public-service, and emergency functions assigned by this Decree.

Its jurisdiction shall operate under the supreme constitutional authority seated at Miragoâne and in permanent coordination with Les Cayes, Petit-Goâve, Tiburon, Jérémie, Fond-des-Blancs, Saint-Louis-du-Sud, Cavaillon, and the other competent jurisdictions of Xaragua.

SUPREME EXECUTORY ORDER

Every ministry, authority, administration, directorate, bureau, commission, registry, academic institution, financial body, territorial service, and public officer subject to the constitutional order of Xaragua is hereby ordered to:

register the constitutional designation of Aquin;

employ the official nomenclature established herein;

establish the prescribed authorities and registers;

classify the historical record of Yaquimo–Aquin;

prepare the territorial and hydrographic maps;

organize the agricultural and maritime administrations;

identify the required infrastructure;

prepare the emergency-continuity system;

deposit all implementing instruments with the General Archives;

submit execution reports to the Office of the Rector-President.

ISSUED, PROMULGATED, COUNTERSIGNED, CERTIFIED, AND ORDERED FOR IMMEDIATE EXECUTION

By the supreme constitutional authority of the Rector-President

PASCAL DESPUZEAU DAUMEC VIAU

Rector-President of Xaragua

Issued at Miragoâne, Constitutional Capital of Xaragua.

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

SUPREME TERRITORIAL AND MARITIME ADMINISTRATION

GENERAL ARCHIVES OF THE STATE

YAQUIMO–AQUIN TERRITORIAL REGISTER

OFFICIAL GAZETTE OF XARAGUA

CERTIFICATE OF CONSTITUTIONAL REGISTRATION

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

PROMULGATED

REGISTERED

CLASSIFIED

CERTIFIED

PLACED INTO EXECUTION

PERMANENTLY ARCHIVED

AQUIN

SOUTHERN MARITIME AND AGRO-INDUSTRIAL GATEWAY OF XARAGUA

SEAT OF THE YAQUIMO–AQUIN JURISDICTION

STATE FORMULA:

TERRITORY — PRODUCTION — MARITIME ACCESS — ADMINISTRATIVE CONTINUITY

Port-Salut


SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA
OFFICE OF THE RECTOR-PRESIDENT
SUPREME CONSTITUTIONAL AUTHORITY
SUPREME TERRITORIAL AND MARITIME ADMINISTRATION
GENERAL ARCHIVES OF THE STATE
SUPREME ORGANIC CONSTITUTIONAL ACT
ON THE HISTORICAL CLASSIFICATION, TERRITORIAL CONTINUITY, INSTITUTIONAL ORGANIZATION, COASTAL ADMINISTRATION, FISHERIES, REGULATED TOURISM, ENVIRONMENTAL PROTECTION, AND PERMANENT CONSTITUTION OF PORT-SALUT AS THE NATIONAL LITTORAL JURISDICTION OF XARAGUA
Official Reference: SCIPS-X/ORP/STMA/NLJ-PSA/2025
Constitutional Register: Book I — Territorial Organization — Southern Littoral Administration
Organic Register: Port-Salut National Littoral Jurisdiction
Place of Promulgation: Miragoâne, Constitutional Capital of Xaragua
Promulgating Authority: Office of the Rector-President
Central Executing Authority: Supreme Territorial and Maritime Administration
Territorial Executing Authority: Port-Salut National Littoral Authority
Archival Depositary: General Archives of the State
Legal Classification: Supreme Organic Territorial Act — National Littoral Administration Statute — Coastal Economy Code — Fisheries, Tourism, and Environmental Governance Instrument
Normative Rank: Supreme Constitutional Instrument of Territorial Organization
Institutional Status: Constitutionally Entrenched — Permanent — Directly Applicable — Administratively Executable — Binding upon All Authorities and Institutions of Xaragua
Territorial Subject: Port-Salut — Pòsali — Commune and Arrondissement of Port-Salut — Pointe-Sable — Dauphinée — Petit’Anse — Anse-à-Drique — Barbois — Dumont — Lazarre — Associated Coastal, Marine, Agricultural, Hydrological, Commercial, and Infrastructure Zones
Primary Constitutional Function: National Littoral Jurisdiction of Xaragua
Secondary Constitutional Functions: Coastal Protection — Fisheries Administration — Regulated Tourism — Vetiver and Agricultural Production — Maritime Safety — Environmental Management — Emergency Continuity
CONSTITUTIONAL ENACTING CLAUSE
THE RECTOR-PRESIDENT OF THE SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA,
Exercising the constituent, constitutional, executive, territorial, maritime, environmental, economic, regulatory, administrative, and archival authority vested in the Office of the Rector-President;
Acting pursuant to the Constitution, the foundational acts, the territorial statutes, the maritime code, the environmental laws, the infrastructure instruments, and the administrative order of Xaragua;
Having determined the necessity of establishing a permanent state jurisdiction responsible for the administration of the southern littoral;
Having determined that Port-Salut possesses the territorial, coastal, economic, fisheries, agricultural, tourism, transportation, and public-service functions required for such jurisdiction;
Having ordered the classification of its Indigenous, Spanish-colonial, French-colonial, revolutionary, national, occupation-era, departmental, arrondissement, and communal records;
Having determined the administrative relationship of Port-Salut with Les Cayes, Tiburon, Aquin, Saint-Jean-du-Sud, Arniquet, and the wider Grand South;
HEREBY ENACTS, CONSTITUTES, ORGANIZES, AND ORDERS THE IMMEDIATE EXECUTION OF THE PRESENT SUPREME ORGANIC CONSTITUTIONAL ACT.
TITLE I — CONSTITUTIONAL ESTABLISHMENT
Article 1 — National littoral jurisdiction
Port-Salut is hereby constituted as the permanent National Littoral Jurisdiction of Xaragua.
Its official constitutional designation shall be:
PORT-SALUT — NATIONAL LITTORAL CENTER OF XARAGUA
Its Haitian Creole administrative designation shall be:
PÒSALI — SANT NASYONAL LITORAL XARAGUA
Article 2 — Institutional character
The status of Port-Salut is constitutional, territorial, administrative, economic, maritime, environmental, and operational.
It is neither honorary nor ceremonial.
It establishes a permanent jurisdiction entrusted with the regulation and coordination of:
coastal territory;
public beaches;
fisheries;
tourism;
maritime services;
agricultural production;
vetiver and essential-oil activity;
coastal infrastructure;
environmental protection;
disaster preparedness.
Article 3 — Permanent administrative seat
Port-Salut shall be the permanent seat of:
the Port-Salut National Littoral Authority;
the Directorate of Coastal Protection;
the Fisheries and Maritime Services Directorate;
the Tourism and Hospitality Regulatory Directorate;
the Agriculture and Vetiver Directorate;
the Littoral Infrastructure Directorate;
the Environmental and Water Directorate;
the Southern Littoral Emergency Command;
the Port-Salut Territorial Registry.
Article 4 — Chain of authority
The chain of constitutional and administrative authority shall be:
Rector-President;
Supreme Territorial and Maritime Administration;
Port-Salut National Littoral Authority;
statutory directorates and administrative services;
territorial officers and authorized executing agents.
No territorial body shall exercise a competence not assigned by the present Act or by an implementing instrument.
Article 5 — Territorial hierarchy
The territorial functions of the principal jurisdictions of Xaragua are established as follows:
Miragoâne: constitutional capital and seat of supreme state authority;
Les Cayes: principal metropolis and metropolitan center of the Grand South;
Jérémie: western metropolis and principal center of Grand’Anse;
Petit-Goâve: eastern gateway of the Grand South and administrative center of the Region of the Palmes;
Tiburon: southwestern maritime gateway and seat of the Cape Tiburon Jurisdiction;
Aquin: southern maritime and agro-industrial gateway and seat of the Yaquimo–Aquin Jurisdiction;
Port-Salut: national littoral center and principal jurisdiction for coastal protection, fisheries, regulated tourism, and littoral economic administration.
Article 6 — Constitutional protection
The constitutional status of Port-Salut shall not be abolished, suspended, transferred, or reclassified through an ordinary administrative act.
Any amendment shall require an express constitutional instrument identifying the affected territory, institutions, assets, registers, personnel, budgets, and continuity measures.
TITLE II — HISTORICAL AND TERRITORIAL NOMENCLATURE
Article 7 — Official names
The following forms are officially recognized:
Port-Salut, in English and French;
Pòsali, in Haitian Creole;
Port du Salut, where documented in historical French records.
Article 8 — Indigenous territorial classification
Before European colonization, the territory presently administered through Port-Salut formed part of the inhabited southern coastal system of the Indigenous political order of Xaragua.
The official historical record shall recognize Indigenous occupation, cultivation, fishing, navigation, settlement, environmental use, and territorial administration.
Article 9 — Local Indigenous name
No specific pre-Columbian name shall be assigned to the present urban locality without an identifiable documentary, linguistic, cartographic, oral-historical, or archaeological basis.
The absence of a presently authenticated local name shall not affect the classification of the territory as part of pre-Columbian Xaragua.
Article 10 — Spanish-period nomenclature
No Spanish municipal foundation corresponding precisely to the present city is established in the record adopted by this Act.
The official archival classification shall therefore be:
SOUTHERN COASTAL TERRITORY OF XARAGUA — COLONIAL JURISDICTION OF LA ESPAÑOLA
Article 11 — Nomenclature register
The General Archives shall record:
every historical form of Port-Salut;
communal-section names;
beaches and coastal localities;
waterways;
agricultural districts;
landing sites;
historical spellings;
the period, source, language, and territorial scope of every designation.
TITLE III — PRE-COLUMBIAN TERRITORIAL ORDER
Article 12 — Indigenous occupation
Before 1492, the Port-Salut region contained an Indigenous territorial system comprising:
coastal and inland settlements;
cultivated zones;
fishing grounds;
marine-resource areas;
freshwater sources;
canoe routes;
landing points;
inland communication routes;
local authorities;
systems of production, exchange, collective obligation, and territorial defense.
Article 13 — Incorporation into Xaragua
The region formed part of the southern maritime and agricultural structure of Xaragua.
Its functions included:
administration of coastal settlements;
food production;
fishing and marine-resource use;
navigation along the southern peninsula;
communication with inland territories;
movement between neighboring communities;
coastal observation and territorial defense.
Article 14 — Priority of Indigenous authority
Indigenous territorial administration shall be recorded as the earliest organized governmental order applicable to the region.
Spanish, French, revolutionary, Haitian, foreign-occupation, departmental, arrondissement, and communal administrations constitute successive systems established upon an already inhabited and organized territory.
TITLE IV — SPANISH COLONIAL PERIOD
Article 15 — Colonial intervention
Following 1492, the Spanish Crown asserted jurisdiction over La Española, including the southern peninsula.
The colonial system introduced:
military occupation;
compulsory labor;
tribute;
land redistribution;
missionary administration;
suppression of Indigenous government;
demographic displacement;
regulation of navigation and natural resources.
Article 16 — Limited territorial administration
Spanish administration remained less concentrated in the western and southwestern territories than in the principal eastern colonial centers.
The Port-Salut region remained subject to Spanish territorial claims, maritime surveillance, colonial labor practices, contraband-control measures, and demographic transformation.
Article 17 — Decline of Spanish authority
Effective Spanish control declined as a result of:
demographic collapse;
relocation of imperial resources;
concentration of government in eastern Hispaniola;
maritime contraband;
foreign incursions;
the Devastations of Osorio;
French territorial expansion from Tortuga and western Hispaniola.
TITLE V — FRENCH COLONIAL ADMINISTRATION
Article 18 — Incorporation into Saint-Domingue
Following the consolidation of French authority in western Hispaniola, the Port-Salut region was incorporated into Saint-Domingue.
It became subject to French:
territorial administration;
plantation law;
slavery law;
military authority;
maritime regulation;
agricultural administration;
parish organization;
commercial and fiscal control.
Article 19 — Colonial economy
The colonial economy of the region included:
coffee;
cacao;
sugarcane;
cotton;
indigo;
fruit;
livestock;
timber;
food production;
fisheries.
Production was incorporated into the plantation system and depended substantially upon the compulsory labor of enslaved Africans and their descendants.
Article 20 — Coastal functions
The coastal territory supported:
fishing;
landing and anchorage;
transportation of agricultural products;
communication with Les Cayes;
local maritime supply;
military observation;
movement between the central and western sectors of the southern peninsula.
Article 21 — Establishment of Port-Salut
The named settlement of Port-Salut developed during the late eighteenth century and is conventionally associated in secondary territorial records with 1788.
The official register shall distinguish:
pre-Columbian occupation;
Spanish colonial claims;
French agricultural and coastal development;
establishment of the named settlement;
post-independence territorial administration;
subsequent communal and arrondissement organization.
TITLE VI — REVOLUTIONARY AND NATIONAL CLASSIFICATION
Article 22 — Revolutionary reorganization
The revolutionary conflict beginning in 1791 disrupted colonial administration, plantation production, slavery, commerce, and military authority throughout the South.
The Port-Salut region was incorporated into the southern territorial system centered on Les Cayes.
Article 23 — Southern command
The region formed part of the southern political and military command exercised under André Rigaud.
Its functions included:
agricultural supply;
fishing and coastal supply;
movement of personnel;
maritime communication;
observation of the southern coast;
support for neighboring military jurisdictions.
Article 24 — War of the South
During the War of the South of 1799–1800, the region formed part of the conflict concerning:
supreme military command;
regional government;
ports and customs;
agricultural administration;
public appointments;
control of the southern and western territories.
Article 25 — Independence
The Port-Salut region was incorporated into the military conflict resulting from the French expedition of 1802.
The proclamation of independence on 1 January 1804 terminated French sovereignty and incorporated the territory into the independent Haitian state.
Article 26 — Post-independence conflict
The region’s participation in opposition arising during the government of Jean-Jacques Dessalines shall be maintained in the official historical record.
The General Archives shall classify:
the political context;
the participating authorities;
military and civilian actors;
government operations;
territorial consequences;
the transition into the southern republican administration.
Article 27 — Southern and western republic
Following the death of Dessalines in 1806, Port-Salut formed part of the southern and western republic governed by Alexandre Pétion.
Its administration remained connected to Les Cayes and the wider political, military, agricultural, and commercial system of the South.
Article 28 — Reunification
The reunification completed under Jean-Pierre Boyer in 1820 incorporated Port-Salut into the centralized national administration.
Article 29 — Nineteenth-century functions
During the nineteenth century, Port-Salut maintained functions in:
agriculture;
fisheries;
rural administration;
coastal commerce;
military transit;
municipal services;
local markets;
communication with Les Cayes.
TITLE VII — MODERN ADMINISTRATIVE STATUS
Article 30 — Foreign occupation
From 1915 to 1934, Port-Salut was incorporated into the occupation system governing public finance, policing, agriculture, roads, infrastructure, and territorial administration.
The period shall be documented as part of the constitutional record concerning foreign control over public administration.
Article 31 — Communal organization
The formal recognition of Port-Salut as a commune is conventionally associated in secondary administrative records with 1917.
The General Archives shall verify and preserve the applicable constitutive instruments.
Article 32 — Arrondissement status
Port-Salut is the chief town of the Arrondissement of Port-Salut in the Department of the South.
The arrondissement comprises:
Port-Salut;
Saint-Jean-du-Sud;
Arniquet.
Article 33 — Regional administrative function
As chief town, Port-Salut shall function as the principal arrondissement center for:
territorial coordination;
public records;
health services;
emergency administration;
infrastructure planning;
education;
agriculture;
fisheries;
environmental administration;
intercommunal coordination.
TITLE VIII — NATIONAL LITTORAL AUTHORITY
Article 34 — Constitution of the Authority
The Port-Salut National Littoral Authority is hereby constituted as the principal public institution responsible for the execution of this Act.
Article 35 — Institutional composition
The Authority shall include:
Office of the Administrator-General;
Directorate of Coastal Protection;
Directorate of Fisheries and Maritime Services;
Directorate of Tourism and Hospitality Regulation;
Directorate of Agriculture and Vetiver;
Directorate of Water, Sanitation, and Environmental Protection;
Directorate of Littoral Infrastructure and Transportation;
Southern Littoral Emergency Command;
Office of Territorial Registration and Archives;
Office of Finance, Procurement, Inspection, and Audit.
Article 36 — Administrative powers
The Authority shall:
prepare territorial plans;
maintain official registers;
administer public coastal infrastructure;
issue internal administrative authorizations;
conduct inspections;
coordinate sectoral institutions;
prepare annual budgets;
manage authorized public property;
maintain emergency systems;
report to the Office of the Rector-President.
Article 37 — Administrative accountability
The Authority shall submit annually:
an administrative report;
audited financial statements;
tourism statistics;
fisheries statistics;
agricultural production records;
environmental reports;
infrastructure assessments;
public-property inventories;
procurement records;
emergency-readiness certification.
TITLE IX — PUBLIC COASTAL DOMAIN
Article 38 — Classification
Beaches, public landing sites, coastal-access routes, dunes, mangroves, wetlands, and emergency corridors identified by law shall form the Public Coastal Domain of the Port-Salut Littoral Jurisdiction.
Article 39 — Coastal-domain register
The register shall contain:
maps;
coordinates;
cadastral references;
access corridors;
protected areas;
authorized uses;
environmental restrictions;
emergency functions;
infrastructure records.
Article 40 — Public access
No hotel, restaurant, tourism concession, residential project, commercial establishment, or private operator may obstruct a registered public coastal-access corridor.
Article 41 — Coastal construction control
Construction within the regulated littoral shall require:
territorial authorization;
coastal setback compliance;
storm-surge assessment;
structural review;
drainage analysis;
sanitation approval;
environmental authorization;
emergency-access protection.
TITLE X — TOURISM AND HOSPITALITY ADMINISTRATION
Article 42 — Regulated economic sector
Tourism shall be administered as a regulated economic activity integrated into territorial planning, public health, coastal protection, employment, taxation, public security, and infrastructure policy.
Article 43 — Establishment register
Hotels, guesthouses, restaurants, beach establishments, excursion operators, event sites, and other tourism enterprises shall be entered in the Tourism and Hospitality Register.
Article 44 — Licensing requirements
An operating authorization may require:
legal identity;
property or occupancy title;
health inspection;
sanitation compliance;
structural and fire inspection;
environmental compliance;
published tariffs;
employment records;
insurance or financial guarantees;
an emergency plan.
Article 45 — Tourism zones
The territorial plan may establish:
hotel districts;
regulated beach-service zones;
public recreation sectors;
environmental protection zones;
historical circuits;
restaurant and commercial sectors;
transportation zones;
emergency-access corridors.
Article 46 — Sectoral reporting
The Tourism and Hospitality Directorate shall publish an annual administrative report covering:
licensed establishments;
accommodation capacity;
employment;
inspections;
public access;
sanitation;
incidents;
infrastructure requirements;
sectoral revenue administered by the Authority.
TITLE XI — FISHERIES AND MARITIME ADMINISTRATION
Article 47 — Fisheries jurisdiction
The Fisheries and Maritime Services Directorate shall administer:
fisher registration;
locally registered fishing vessels;
landing sites;
catch records;
safety requirements;
fisheries conservation;
processing;
refrigeration;
market distribution;
emergency communications.
Article 48 — Landing infrastructure
Authorized landing centers may contain:
protected landing areas;
fish markets;
cold storage;
ice production;
equipment depots;
maintenance facilities;
sanitation systems;
waste-processing facilities;
emergency communications.
Article 49 — Maritime safety
The Directorate shall establish:
navigation notices;
coastal weather reports;
emergency frequencies;
vessel-inspection requirements;
storm-closure procedures;
casualty reporting;
search-and-rescue coordination;
maritime evacuation protocols.
Article 50 — Fisheries conservation
The Authority may establish:
protected fishing areas;
closed seasons;
gear restrictions;
catch-reporting obligations;
habitat-restoration measures;
cooperative management systems;
inspection procedures;
administrative sanctions provided by law.
TITLE XII — AGRICULTURE, COFFEE, AND VETIVER
Article 51 — Agricultural jurisdiction
Port-Salut shall maintain production and commercial systems concerning:
vetiver;
coffee;
coconut;
fruit;
food crops;
livestock;
fisheries products;
local processing.
Article 52 — Coffee administration
The historical coffee-producing territories associated with Port-Salut shall be entered into the Agricultural Register.
Production programs shall regulate:
producer registration;
cultivation;
quality;
drying;
storage;
processing;
traceability;
transportation;
market documentation.
Article 53 — Vetiver administration
The vetiver sector shall be subject to:
producer registration;
cultivation-zone classification;
erosion-control requirements;
harvesting standards;
distillation controls;
oil-quality classification;
storage rules;
traceability;
transportation records;
commercial documentation.
Article 54 — Processing infrastructure
The Authority may establish or authorize:
vetiver distilleries;
coffee-processing centers;
fruit-processing facilities;
coconut-processing units;
fish-processing centers;
cold-storage installations;
packaging centers;
equipment-maintenance facilities.
Article 55 — Agricultural financial administration
No public credit, grant, guarantee, subsidy, or equipment program may operate without:
legal authorization;
an approved budget;
beneficiary registration;
written eligibility standards;
contractual documentation;
inspection;
accounting;
audit;
annual reporting.
TITLE XIII — ENVIRONMENTAL ADMINISTRATION
Article 56 — Protected systems
The Authority shall identify and administer:
beaches;
dunes;
mangroves;
wetlands;
coral environments;
fisheries habitats;
river mouths;
coastal vegetation;
erosion-prone land;
drinking-water sources.
Article 57 — Environmental permits
Major tourism, residential, commercial, industrial, agricultural-processing, port, coastal, or extraction projects shall require:
environmental classification;
water-impact analysis;
sanitation planning;
drainage review;
coastal-risk assessment;
mitigation measures;
administrative approval;
inspection and reporting.
Article 58 — Water and sanitation
Every regulated establishment shall comply with requirements governing:
potable water;
wastewater;
drainage;
solid waste;
oils and chemicals;
beach sanitation;
water-quality monitoring;
emergency supply.
TITLE XIV — DISASTER COMMAND
Article 59 — Permanent risk classification
Port-Salut is classified as a high-exposure coastal and seismic jurisdiction.
The official risk register shall include:
hurricanes;
extreme winds;
storm surge;
coastal flooding;
river flooding;
earthquakes;
landslides;
road isolation;
communications failure;
interruption of essential services.
Article 60 — Hurricane Matthew
The destruction caused by Hurricane Matthew in October 2016 shall form part of the permanent territorial risk record.
The record shall cover housing, hotels, restaurants, agriculture, fisheries, roads, electricity, telecommunications, water, sanitation, and public administration.
Article 61 — Earthquake of 2021
The earthquake of 14 August 2021 shall be incorporated into the permanent seismic, structural, medical, infrastructure, and continuity-of-government record.
Article 62 — Emergency infrastructure
The Authority shall maintain:
an emergency command center;
evacuation routes;
shelters;
protected water reserves;
decentralized energy systems;
medical and food reserves;
fuel reserves;
redundant communications;
maritime evacuation capacity;
protected and replicated archives.
Article 63 — Obligations of regulated establishments
Every licensed tourism, fisheries, commercial, educational, medical, or public establishment shall maintain:
an emergency plan;
evacuation procedures;
occupancy or personnel records;
first-aid and fire equipment;
designated assembly areas;
emergency contacts;
annual readiness certification.
TITLE XV — TERRITORIAL CORRIDORS
Article 64 — Port-Salut–Les Cayes corridor
The Port-Salut–Les Cayes corridor is designated as strategic infrastructure for:
administrative movement;
passenger transport;
tourism;
fisheries distribution;
vetiver and agricultural commerce;
hospital referrals;
emergency deployment;
transmission of official records.
Article 65 — Port-Salut–Tiburon coastal axis
Port-Salut and Tiburon shall coordinate:
coastal navigation;
fisheries;
weather information;
maritime rescue;
environmental monitoring;
coastal transportation;
disaster logistics.
Article 66 — Port-Salut–Aquin economic axis
Port-Salut and Aquin shall coordinate:
fisheries processing;
agricultural distribution;
regulated tourism;
technical education;
transport logistics;
environmental administration;
emergency services.
Article 67 — Arrondissement coordination
Port-Salut, Saint-Jean-du-Sud, and Arniquet shall form a coordinated administrative network for:
public services;
agriculture;
markets;
roads;
public health;
emergency operations;
education;
territorial records.
TITLE XVI — ARCHIVAL ADMINISTRATION
Article 68 — National Littoral Register
The General Archives shall maintain a register containing:
this Act;
implementing instruments;
official maps;
jurisdictional boundaries;
coastal-domain records;
tourism licenses;
fisheries records;
agricultural registers;
environmental permits;
public-property records;
emergency plans;
annual reports.
Article 69 — Historical program
The permanent documentary program shall cover:
Indigenous occupation;
Port-Salut within historical Xaragua;
Spanish territorial claims;
French colonial administration;
plantations and slavery;
establishment of Port-Salut;
the Haitian Revolution;
the southern command;
independence;
the southern republic;
nineteenth-century administration;
foreign occupation;
communal and arrondissement organization;
coffee;
vetiver;
fisheries;
tourism;
Hurricane Matthew;
the 2021 earthquake;
the present constitutional designation.
Article 70 — Protected sites
The competent authorities shall register sites associated with:
Indigenous occupation;
colonial agriculture;
coastal settlement;
revolutionary history;
public and religious institutions;
historical landing areas;
fisheries;
coffee and vetiver production;
natural features;
disaster history.
TITLE XVII — FINANCIAL AND ADMINISTRATIVE CONTROL
Article 71 — Budget
The Port-Salut National Littoral Authority shall operate through an annual budget authorized under the financial order of Xaragua.
Article 72 — Public revenue
No fee, charge, license payment, concession payment, or territorial revenue may be collected without:
legal authorization;
an official tariff;
a numbered receipt;
accounting registration;
deposit into an authorized account;
audit.
Article 73 — Procurement
Public procurement shall require:
a defined administrative need;
budget availability;
written specifications;
documented selection;
a written contract;
delivery verification;
payment authorization;
archival deposit.
Article 74 — Public property
Every building, vehicle, vessel, parcel, installation, machine, archive, and item of equipment assigned to the Authority shall be entered into the Public Property Register.
TITLE XVIII — SUPREMACY, EXECUTION, AND ENTRENCHMENT
Article 75 — Official formula
The complete official formula shall be:
PORT-SALUT — NATIONAL LITTORAL CENTER OF XARAGUA — SEAT OF THE PORT-SALUT NATIONAL LITTORAL JURISDICTION
Article 76 — Implementing authority
The Office of the Rector-President shall issue all appointments, organic statutes, regulations, maps, budgets, territorial plans, licenses, directives, and administrative orders required for implementation.
Article 77 — Administrative conformity
Every institution of Xaragua shall conform its maps, registers, plans, licenses, official publications, public records, and territorial terminology to this Act.
Article 78 — Constitutional entrenchment
The status established herein shall not be repealed, transferred, or diminished by implication.
Any amendment shall expressly regulate:
territorial continuity;
public coastal property;
institutional succession;
tourism regulation;
fisheries administration;
agricultural functions;
environmental protection;
emergency continuity;
financial consequences;
archival preservation.
Article 79 — Emergency continuity
Hurricane, earthquake, flood, storm surge, maritime accident, evacuation, road interruption, institutional displacement, or infrastructure failure shall not terminate the constitutional status of Port-Salut.
Article 80 — Entry into force
This Act shall enter into force immediately upon promulgation.
It shall be registered in:
the Supreme Constitutional Register;
the Territorial Register;
the Maritime Register;
the Environmental Register;
the Tourism Register;
the National Littoral Register;
the Official Gazette;
the General Archives of the State.
FINAL CONSTITUTIONAL DETERMINATION
The Supreme Constitutional Authority hereby records and determines that Port-Salut constitutes:
a territory of Indigenous occupation predating European colonial government;
a component of the southern maritime geography of Xaragua;
a territory subjected to Spanish colonial claims;
a jurisdiction for which no distinct Spanish municipal name is presently established;
a territory subsequently incorporated into French Saint-Domingue;
a colonial agricultural, fishing, maritime, and military jurisdiction;
a named settlement developed during the late eighteenth century;
a component of the revolutionary southern command;
a territory incorporated into the independent Haitian state;
a component of the southern and western republic;
a permanent agricultural, fisheries, commercial, and municipal jurisdiction;
a territory incorporated into the occupation administration of 1915–1934;
a commune and chief town of the Arrondissement of Port-Salut;
a regional center for coffee, vetiver, fisheries, commerce, hospitality, and tourism;
a high-exposure coastal jurisdiction affected by Hurricane Matthew;
a seismic-risk jurisdiction affected by the earthquake of 14 August 2021;
the permanent seat of the Port-Salut National Littoral Authority;
the National Littoral Center of Xaragua.
Port-Salut shall exercise the territorial, coastal, environmental, fisheries, tourism, agricultural, commercial, infrastructure, public-service, and emergency functions assigned by this Act.
It shall operate under the supreme constitutional authority seated at Miragoâne and in permanent administrative coordination with Les Cayes, Tiburon, Aquin, Saint-Jean-du-Sud, Arniquet, and every other competent territorial jurisdiction.
SUPREME EXECUTORY ORDER
Every ministry, authority, administration, directorate, commission, registry, academic institution, financial body, territorial service, and public officer subject to the constitutional order of Xaragua is ordered to:
register the constitutional status of Port-Salut;
employ the official nomenclature established herein;
constitute the Port-Salut National Littoral Authority;
establish the prescribed directorates;
delimit the Public Coastal Domain;
establish the tourism, fisheries, agricultural, environmental, financial, and archival registers;
prepare the territorial and maritime maps;
prepare the littoral development plan;
establish the emergency command system;
submit execution reports to the Office of the Rector-President.
ISSUED, PROMULGATED, COUNTERSIGNED, CERTIFIED, AND ORDERED FOR IMMEDIATE EXECUTION
By the supreme constitutional authority of the Rector-President
PASCAL DESPUZEAU DAUMEC VIAU
Rector-President of Xaragua
Issued at Miragoâne, Constitutional Capital of Xaragua.
OFFICE OF THE RECTOR-PRESIDENT
SUPREME CONSTITUTIONAL AUTHORITY
SUPREME TERRITORIAL AND MARITIME ADMINISTRATION
GENERAL ARCHIVES OF THE STATE
PORT-SALUT NATIONAL LITTORAL REGISTER
OFFICIAL GAZETTE OF XARAGUA
CERTIFICATE OF CONSTITUTIONAL REGISTRATION
The General Archives of the State hereby certifies that the present Supreme Organic Constitutional Act has been:
PROMULGATED
REGISTERED
CLASSIFIED
CERTIFIED
PLACED INTO EXECUTION
PERMANENTLY ARCHIVED
PORT-SALUT
NATIONAL LITTORAL CENTER OF XARAGUA
SEAT OF THE PORT-SALUT NATIONAL LITTORAL JURISDICTION
STATE FORMULA:
TERRITORY — COAST — PRODUCTION — REGULATION — CONTINUITY
Principal historical and institutional authorities
Médéric-Louis-Élie Moreau de Saint-Méry, Description topographique, physique, civile, politique et historique de la partie française de l’isle Saint-Domingue.
Thomas Madiou, Histoire d’Haïti.
Beaubrun Ardouin, Études sur l’histoire d’Haïti.
Institut haïtien de statistique et d’informatique, territorial and demographic records concerning Port-Salut and the Department of the South.
United Nations Environment Programme, documentation concerning fisheries, coastal ecosystems, and disaster-risk reduction in Port-Salut.
United Nations and humanitarian operational records concerning Hurricane Matthew, October 2016.
United Nations Office for the Coordination of Humanitarian Affairs, reports concerning the earthquake of 14 August 2021.
United States Geological Survey, technical records concerning the earthquake of 14 August 2021.



Dame-Marie


SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

SUPREME TERRITORIAL AND MARITIME ADMINISTRATION

GENERAL ARCHIVES OF THE STATE

SUPREME CONSTITUTIONAL AND ORGANIC LAW

ESTABLISHING THE HISTORICAL STATUS, INDIGENOUS TERRITORIAL CONTINUITY, WESTERN AGRICULTURAL COMMAND, MARITIME JURISDICTION, NATIONAL CACAO ADMINISTRATION, AND PERMANENT DESIGNATION OF DAME-MARIE AS THE WESTERN AGRO-MARITIME CENTER OF XARAGUA

Official Reference: SCIPS-X/ORP/STMA/GDM/2025

Constitutional Classification: Supreme Territorial Organization Law

Organic Classification: Foundational Statute of the Guacayarima–Dame-Marie Jurisdiction

Sectoral Classification: National Cacao Administration Act — Western Agricultural and Fisheries Code — Coastal Logistics and Territorial Continuity Instrument

Constitutional Register: Book I — Territorial Organization — Western Grand’Anse

Official Gazette Series: Territorial and Productive Jurisdictions

Place of Promulgation: Miragoâne, Constitutional Capital of Xaragua

Promulgating Authority: Rector-President of Xaragua

Central Executing Authority: Supreme Territorial and Maritime Administration

Territorial Executing Authority: Government of the Guacayarima–Dame-Marie Jurisdiction

Archival Depositary: General Archives of the State

Normative Rank: Supreme Constitutional and Organic Law

Temporal Status: Permanent

Executive Status: Immediately Executable

Institutional Effect: Binding upon All Authorities, Offices, Public Institutions, Registers, and Territorial Services of Xaragua

Territorial Subject: Dame-Marie — Dam Mari — Cap-Dame-Marie — Commune of Dame-Marie — Desormeau — Petite-Rivière — Baliverne — Brèche — Plonquette — Associated Coastal, Agricultural, Forest, Fisheries, Hydrological, Transportation, and Maritime Zones

Principal State Function: Western Agro-Maritime Center of Xaragua

Exclusive Sectoral Function: Seat of the National Cacao Administration

Regional Function: Western Agricultural, Fisheries, Processing, Storage, Maritime-Supply, Environmental, and Emergency-Continuity Jurisdiction

ENACTING FORMULA

THE RECTOR-PRESIDENT OF XARAGUA,

Exercising the supreme constituent authority of the State;

Acting as Head of State, supreme constitutional authority, and final authority over territorial organization;

Acting pursuant to the Constitution, territorial statutes, maritime laws, agricultural instruments, environmental regulations, infrastructure acts, financial rules, and archival laws of Xaragua;

Having established Miragoâne as the permanent constitutional capital;

Having established Les Cayes as the principal metropolis of the Grand South;

Having established Jérémie as the western metropolis and administrative center of Grand’Anse;

Having established Tiburon as the southwestern maritime gateway;

Having determined the necessity of a separate western jurisdiction responsible for cacao, coffee, agricultural processing, fisheries, coastal logistics, environmental protection, and disaster continuity;

Having identified Dame-Marie as the historical cacao-producing and agro-maritime center of the western peninsula;

Having ordered the consolidation of the Indigenous, colonial, revolutionary, national, departmental, communal, economic, and environmental records of Dame-Marie;

ENACTS AND PROMULGATES THE FOLLOWING SUPREME CONSTITUTIONAL AND ORGANIC LAW.

BOOK I — CONSTITUTIONAL STATUS

Article 1 — Constitution of Dame-Marie

Dame-Marie is constituted as the permanent Western Agro-Maritime Center of Xaragua.

It shall serve as the principal western jurisdiction for:

cacao;

coffee;

agriculture;

agricultural processing;

fisheries;

coastal transportation;

maritime supply;

environmental administration;

western emergency logistics.

Article 2 — National cacao function

Dame-Marie is designated as the permanent seat of the National Cacao Administration of Xaragua.

Every central register, technical standard, production classification, public purchasing mechanism, processing program, quality-control system, and national cacao instrument established under Xaraguayan authority shall be administratively seated at Dame-Marie.

Article 3 — Territorial jurisdiction

The constitutional jurisdiction shall be denominated:

GUACAYARIMA–DAME-MARIE WESTERN AGRO-MARITIME JURISDICTION

The Haitian Creole administrative designation shall be:

JIRIDIKSYON AGWO-MARITIM LWÈS GUACAYARIMA–DAM MARI

Article 4 — Operative status

The designation established by this Law is territorial, constitutional, administrative, agricultural, maritime, economic, environmental, financial, and archival.

It establishes governmental functions, administrative bodies, registers, reporting obligations, sectoral competencies, and implementation procedures.

Article 5 — Permanent seat

Dame-Marie shall be the permanent seat of:

the Government of the Guacayarima–Dame-Marie Jurisdiction;

the National Cacao Administration;

the Western Coffee and Agricultural Directorate;

the Fisheries and Maritime Services Directorate;

the Agricultural Processing and Storage Directorate;

the Forest, Watershed, and Environmental Directorate;

the Western Coastal Emergency Command;

the Guacayarima–Dame-Marie Territorial Registry.

Article 6 — Territorial chain of command

Territorial authority shall be exercised through:

the Rector-President;

the Supreme Territorial and Maritime Administration;

the Administrator-General of the Guacayarima–Dame-Marie Jurisdiction;

the statutory directorates;

authorized territorial officers;

registered local implementing services.

Article 7 — Constitutional hierarchy

The principal territorial functions of Xaragua are distributed as follows:

Miragoâne: constitutional capital and seat of supreme authority;

Les Cayes: principal metropolis of the Grand South;

Jérémie: western metropolis and administrative center of Grand’Anse;

Petit-Goâve: eastern gateway of the Grand South;

Tiburon: southwestern maritime gateway;

Aquin: southern maritime and agro-industrial gateway;

Port-Salut: national littoral center;

Dame-Marie: western agro-maritime center and seat of the National Cacao Administration.

Article 8 — Entrenchment

The status of Dame-Marie shall not be abolished, transferred, suspended, or altered by ordinary administrative decision.

Any modification shall require an express constitutional instrument governing territorial succession, institutional relocation, public property, personnel, archives, budgets, and continuity of government.

BOOK II — HISTORICAL NOMENCLATURE

Article 9 — Official names

The following names are recognized:

DAME-MARIE, as the official French and English designation;

DAM MARI, as the official Haitian Creole designation;

CAP-DAME-MARIE, as the principal French colonial designation;

GUACAYARIMA, as the Indigenous regional designation associated with the far western and southwestern peninsula.

Article 10 — Indigenous regional classification

Guacayarima shall be entered into the official territorial record as an Indigenous regional name associated with the western peninsula.

The name shall identify the historical Indigenous regional framework of the jurisdiction without attributing undocumented municipal boundaries to the pre-Columbian period.

Article 11 — Spanish-period designation

The official archival formula applicable to the Spanish colonial period shall be:

GUACAYARIMA — WESTERN COASTAL TERRITORY OF LA ESPAÑOLA

No separate Spanish municipal name shall be entered without an authenticated colonial source.

Article 12 — Historical succession

The official nomenclatural succession shall be:

GUACAYARIMA — CAP-DAME-MARIE — DAME-MARIE — DAM MARI

The General Archives shall classify each designation according to its period, language, function, geographic scope, and documentary source.

Article 13 — Nomenclature register

The Territorial Registry shall maintain:

historical names;

linguistic variants;

communal-section names;

coastal place-names;

waterways;

agricultural districts;

forest areas;

landing sites;

historical maps;

administrative boundary records.

BOOK III — HISTORICAL TERRITORIAL CONTINUITY

Article 14 — Indigenous occupation

Before 1492, the territory was inhabited, cultivated, navigated, and administered within the Indigenous geography of Ayiti–Bohío–Quisqueya.

The territorial system included:

coastal settlements;

inland settlements;

cultivated land;

fishing grounds;

freshwater systems;

forest and mountain resources;

canoe routes;

landing points;

inland communication routes;

local political authority.

Article 15 — Incorporation into Xaragua

The region formed part of the western territorial and maritime structure of Xaragua.

Its historical functions included:

western coastal administration;

agriculture;

fisheries;

navigation;

forest-resource management;

coastal and inland communication;

maritime access toward neighboring Caribbean territories;

territorial defense.

Article 16 — Priority of Indigenous government

Indigenous political and territorial authority shall be recorded as the earliest organized governmental order applicable to Guacayarima and Dame-Marie.

Every later government shall be classified as a successive system within an already inhabited and organized territory.

Article 17 — Spanish colonial period

Following 1492, Spanish authorities asserted jurisdiction over Guacayarima as part of La Española.

The colonial administration introduced:

military coercion;

compulsory labor;

tribute;

land redistribution;

missionary administration;

suppression of Indigenous authority;

demographic displacement;

regulation of maritime activity and natural resources.

Article 18 — Decline of Spanish administration

Effective Spanish administration declined because of:

demographic collapse;

concentration of government in eastern Hispaniola;

transfer of imperial resources;

maritime contraband;

foreign incursions;

the Devastations of Osorio;

French expansion from Tortuga and western Hispaniola.

Article 19 — Incorporation into Saint-Domingue

Following the consolidation of French possession, Cap-Dame-Marie was incorporated into Saint-Domingue.

It became subject to French parish, territorial, agricultural, plantation, slavery, maritime, military, commercial, fiscal, and racial law.

Article 20 — Cap-Dame-Marie

Cap-Dame-Marie developed as:

a parish;

a coastal settlement;

an agricultural jurisdiction;

a plantation district;

a fisheries jurisdiction;

a maritime landing point;

a regional administrative center;

a component of the wider government of Grand’Anse.

Its independent parish or territorial organization is conventionally associated with 1776.

Article 21 — Colonial production

The colonial economy included:

cacao;

coffee;

timber;

livestock;

fruit;

food crops;

fisheries;

coastal commerce.

Production operated within the plantation and slavery system and depended substantially upon the compulsory labor of enslaved Africans and their descendants.

Article 22 — Historical cacao production

Cap-Dame-Marie was a documented cacao-producing parish.

Historical data attribute approximately 120,000 pounds of cacao production to the parish in 1788.

This production record constitutes the historical foundation of the National Cacao Administration seated at Dame-Marie.

Article 23 — British intervention

During the British intervention in Saint-Domingue beginning in 1793, the wider Grand’Anse region was incorporated into a military and commercial system connected with Jamaica.

The historical record shall distinguish among:

direct occupation of identified positions;

regional military authority;

maritime and commercial control;

colonial alliances;

local administration;

restoration of southern authority.

Article 24 — Southern command

Following the British withdrawal in 1798, Dame-Marie was incorporated into the southern political and military administration associated with André Rigaud.

Article 25 — War of the South

During the War of the South of 1799–1800, Dame-Marie formed part of the conflict concerning:

supreme command;

regional government;

ports and customs;

military appointments;

civil appointments;

agricultural administration;

control of Grand’Anse and the South.

Article 26 — Independence

The territory was incorporated into the conflict produced by the French expedition of 1802.

The proclamation of independence on 1 January 1804 terminated French sovereignty and incorporated Dame-Marie into the independent Haitian state.

Article 27 — Post-independence administration

Dame-Marie was successively incorporated into:

the government of Jean-Jacques Dessalines;

the southern and western republic governed by Alexandre Pétion;

the reunified administration under Jean-Pierre Boyer;

successive national governments;

departmental, arrondissement, communal, and municipal administrations.

Article 28 — Foreign occupation

During the United States occupation from 1915 to 1934, Dame-Marie was incorporated into the centralized system governing public finance, policing, infrastructure, roads, agriculture, and territorial administration.

Article 29 — Contemporary classification

Dame-Marie is a commune of the Department of Grand’Anse within the Arrondissement of Anse-d’Hainault.

The commune includes the sections of:

Desormeau;

Petite-Rivière;

Baliverne;

Brèche;

Plonquette.

BOOK IV — TERRITORIAL GOVERNMENT

Article 30 — Government of the jurisdiction

The Government of the Guacayarima–Dame-Marie Jurisdiction is hereby constituted as the permanent territorial administration responsible for implementing this Law.

Article 31 — Administrator-General

The territorial government shall be directed by an Administrator-General appointed by the Rector-President.

The Administrator-General shall:

execute constitutional and rectoral instruments;

coordinate the statutory directorates;

prepare the annual budget;

maintain territorial order;

supervise public property;

submit annual reports;

ensure archival compliance;

direct emergency continuity.

Article 32 — Institutional structure

The territorial government shall comprise:

Office of the Administrator-General;

National Cacao Administration;

Western Coffee and Agricultural Directorate;

Fisheries and Maritime Services Directorate;

Agricultural Processing and Storage Directorate;

Forest, Watershed, and Environmental Directorate;

Infrastructure and Transportation Directorate;

Western Coastal Emergency Command;

Territorial Registry and Archives Office;

Finance, Procurement, Inspection, and Audit Office.

Article 33 — Administrative planning

The territorial government shall prepare:

a five-year development plan;

an annual administrative program;

an annual budget;

an agricultural production plan;

a fisheries plan;

an infrastructure program;

an environmental plan;

a disaster-continuity plan;

an annual performance report.

Article 34 — Institutional accountability

Every directorate shall maintain:

a statutory mandate;

an organizational register;

an annual work plan;

personnel records;

financial records;

procurement files;

performance indicators;

annual reports;

archival deposits.

BOOK V — NATIONAL CACAO ADMINISTRATION

Article 35 — Constitution

The National Cacao Administration is hereby constituted as the central Xaraguayan institution responsible for cacao policy, production records, quality standards, processing, storage, commercial documentation, and sectoral continuity.

Article 36 — National Cacao Register

The Register shall contain:

producer identities;

producer organizations;

plantation locations;

cultivation areas;

planting materials;

annual harvest data;

fermentation records;

drying records;

quality grades;

storage and processing records;

purchase contracts;

commercial documentation.

Article 37 — Production regulation

The Administration shall issue standards concerning:

nurseries;

planting;

cultivation;

disease surveillance;

harvesting;

pod opening;

fermentation;

drying;

moisture;

storage;

grading;

traceability.

Article 38 — Producer organizations

Cacao cooperatives, associations, collection groups, processors, and marketing organizations shall be subject to:

institutional registration;

written statutes;

membership records;

elected or appointed management;

accounting;

procurement controls;

annual reporting;

audit where public funds are administered.

Article 39 — Processing infrastructure

The national cacao system may include:

nurseries;

collection centers;

fermentation facilities;

drying platforms;

laboratories;

storage warehouses;

grading centers;

packaging units;

cocoa-processing facilities;

energy, water, and transportation infrastructure.

Article 40 — Public purchasing

Every public cacao-purchasing program shall employ:

published grades;

published prices or price-calculation rules;

verified scales;

numbered receipts;

written purchase records;

producer identification;

traceability;

documented payment;

financial audit.

Article 41 — Cacao reserve

The Administration may establish:

seed reserves;

nursery reserves;

strategic stocks;

emergency planting material;

protected storage;

rehabilitation funds;

disaster-recovery procedures.

BOOK VI — COFFEE AND FOOD AGRICULTURE

Article 42 — Western Coffee Register

The Western Coffee Register shall contain:

producers;

cultivation zones;

varieties;

harvest quantities;

quality classifications;

drying facilities;

storage;

processing;

transportation;

sales documentation.

Article 43 — Food security

The territorial agricultural system shall administer:

staple crops;

fruit;

livestock;

seed reserves;

agricultural equipment;

storage facilities;

local markets;

emergency food production;

post-disaster rehabilitation.

Article 44 — Agricultural land

Agricultural land shall be subject to:

cadastral identification;

productive-use registration;

soil classification;

watershed restrictions;

erosion controls;

access-road planning;

inspection;

protection against unauthorized conversion.

Article 45 — Agricultural finance

Every public credit, subsidy, grant, guarantee, procurement, or equipment program shall require:

legal authorization;

budgetary appropriation;

eligibility standards;

beneficiary registration;

a written contract;

expenditure records;

inspection;

audit;

annual reporting.

BOOK VII — FISHERIES AND MARITIME LOGISTICS

Article 46 — Fisheries jurisdiction

The Fisheries and Maritime Services Directorate shall administer:

fisher registration;

locally administered vessels;

fishing equipment;

landing facilities;

catch records;

conservation measures;

cold storage;

processing;

distribution;

maritime communications.

Article 47 — Landing centers

Landing centers may contain:

protected landing areas;

fish markets;

ice production;

cold storage;

repair facilities;

equipment depots;

sanitation infrastructure;

waste-management systems;

emergency communications.

Article 48 — Maritime logistics

Dame-Marie shall maintain administrative capacity for:

coastal freight;

passenger movement;

agricultural transport;

fisheries support;

essential supplies;

emergency relief;

medical evacuation;

western coastal communications.

Article 49 — Navigation safety

The Directorate shall maintain:

navigation notices;

weather reports;

anchorage rules;

landing procedures;

emergency frequencies;

vessel inspections;

storm closures;

casualty reports;

search-and-rescue coordination.

BOOK VIII — ENVIRONMENTAL GOVERNMENT

Article 50 — Protected systems

The territorial government shall identify and administer:

forests;

watersheds;

riverbanks;

drinking-water sources;

beaches;

mangroves;

wetlands;

fisheries habitats;

agricultural soils;

erosion- and landslide-risk zones.

Article 51 — Forest administration

Forest administration shall include:

territorial inventories;

harvesting permits;

protected zones;

reforestation;

processing controls;

transport documentation;

inspections;

sanctions authorized by law.

Article 52 — Watershed administration

Watershed planning shall regulate:

drinking-water protection;

agricultural irrigation;

riverbank conservation;

drainage;

flood control;

erosion;

landslide risk;

upstream land use;

reforestation.

Article 53 — Environmental authorization

Major infrastructure, agricultural-processing, coastal, tourism, extraction, or industrial projects shall require:

territorial authorization;

environmental assessment;

water-impact review;

drainage analysis;

coastal-risk analysis;

mitigation measures;

inspection;

final administrative approval.

BOOK IX — DISASTER COMMAND

Article 54 — Permanent risk classification

Dame-Marie is classified as a high-exposure coastal, agricultural, hydrological, climatic, and seismic jurisdiction.

Article 55 — Hurricane Matthew

The destruction caused by Hurricane Matthew in October 2016 shall be permanently recorded.

The official register shall document effects upon:

housing;

cacao;

coffee;

food crops;

livestock;

fisheries;

roads;

water;

electricity;

telecommunications;

medical services;

public administration.

Article 56 — Earthquake preparedness

The earthquake of 14 August 2021 shall form part of the permanent seismic, structural, medical, infrastructure, and administrative-continuity record.

Article 57 — Emergency command

The Western Coastal Emergency Command shall maintain:

an emergency operations center;

shelters;

evacuation routes;

water reserves;

food and medical reserves;

fuel reserves;

seed and agricultural reserves;

decentralized energy;

redundant communications;

maritime evacuation capacity;

alternate administrative facilities;

replicated archives.

Article 58 — Continuity of the cacao sector

The National Cacao Administration shall maintain:

mapped production zones;

protected producer data;

nursery reserves;

planting-material reserves;

emergency equipment;

rehabilitation protocols;

damage-assessment procedures;

recovery financing records;

post-disaster production reports.

BOOK X — INFRASTRUCTURE AND TERRITORIAL NETWORK

Article 59 — Dame-Marie–Jérémie corridor

The Dame-Marie–Jérémie corridor is classified as strategic infrastructure for:

territorial administration;

public records;

cacao and coffee transportation;

fisheries distribution;

hospital referrals;

emergency deployment;

access to the western metropolis;

communications continuity.

Article 60 — Western coastal axis

The Dame-Marie–Anse-d’Hainault–Les Irois axis shall support:

intercommunal administration;

agricultural collection;

fisheries;

coastal transport;

public health;

environmental administration;

emergency response;

regional supply.

Article 61 — Dame-Marie–Tiburon connection

The relationship between Dame-Marie and Tiburon shall support:

coastal navigation;

maritime safety;

fisheries;

weather information;

emergency supply;

search and rescue;

continuity between Grand’Anse and the southern coast.

Article 62 — Distribution of functions

Jérémie shall remain the western metropolis and principal administrative center of Grand’Anse.

Tiburon shall remain the southwestern maritime gateway.

Dame-Marie shall exercise the specialized cacao, coffee, agricultural, fisheries, processing, coastal-logistics, and environmental functions established by this Law.

BOOK XI — PUBLIC SERVICES

Article 63 — Health

Dame-Marie shall maintain capacity for:

primary health care;

emergency medicine;

maternal and pediatric care;

trauma stabilization;

disaster medicine;

maritime casualty response;

pharmaceutical reserves;

medical evacuation.

Article 64 — Education

Technical education shall prioritize:

cacao;

coffee;

agriculture;

food processing;

fisheries;

navigation;

environmental management;

construction;

emergency administration;

public administration.

Article 65 — Essential infrastructure

The territorial government shall coordinate:

potable water;

sanitation;

drainage;

solid waste;

electricity;

telecommunications;

roads and bridges;

landing facilities;

public markets;

agricultural-processing installations;

emergency infrastructure.

BOOK XII — FINANCIAL AND PROPERTY ADMINISTRATION

Article 66 — Annual budget

The territorial government shall operate through an annual budget approved under the financial order of Xaragua.

No expenditure shall be incurred without appropriation, commitment authorization, supporting documentation, accounting registration, and payment authorization.

Article 67 — Revenue

No charge, fee, license payment, inspection payment, concession payment, or other territorial revenue may be collected without:

legal authorization;

an official tariff;

a numbered receipt;

accounting registration;

deposit into an authorized account;

financial reporting;

audit.

Article 68 — Procurement

Every public procurement shall require:

an identified administrative requirement;

budget availability;

written technical specifications;

documented selection;

a written contract or purchase order;

delivery inspection;

payment certification;

archival deposit.

Article 69 — Public property

Every public parcel, building, warehouse, landing facility, road installation, vehicle, vessel, machine, communications system, archive, and item of equipment shall be entered into the Public Property Register.

BOOK XIII — ARCHIVES AND STATE REGISTERS

Article 70 — Territorial register

The Guacayarima–Dame-Marie Territorial Register shall contain:

this Law;

implementing instruments;

official maps;

boundaries;

nomenclature records;

appointments;

public-property inventories;

budgets;

annual administrative reports;

audit records.

Article 71 — Sectoral registers

The territorial government shall maintain:

National Cacao Register;

Western Coffee Register;

Agricultural Land Register;

Fisheries Register;

Maritime Infrastructure Register;

Forest and Watershed Register;

Environmental Authorization Register;

Disaster and Emergency Register;

Public Property Register;

Procurement Register.

Article 72 — Historical archives

The historical program shall cover:

Indigenous Guacayarima;

Xaragua;

Spanish colonial claims;

Cap-Dame-Marie;

plantation administration;

slavery;

cacao, coffee, timber, and fisheries;

British intervention;

André Rigaud;

the War of the South;

independence;

the southern and western republic;

nineteenth-century government;

the United States occupation;

modern communal administration;

Hurricane Matthew;

the earthquake of 2021;

the present constitutional designation.

Article 73 — Archival custody

Every authority created by this Law shall deposit its constitutive instruments, appointments, budgets, reports, maps, contracts, registers, and final administrative acts with the General Archives of the State.

BOOK XIV — FINAL CONSTITUTIONAL PROVISIONS

Article 74 — Administrative conformity

Every authority of Xaragua shall conform its official terminology, maps, registers, programs, administrative acts, publications, and financial instruments to this Law.

Article 75 — Implementing authority

The Office of the Rector-President shall issue all appointments, organic regulations, territorial maps, budgets, administrative directives, technical standards, and implementation orders required for execution.

Article 76 — Institutional continuity

The suspension, vacancy, dissolution, or reorganization of a subordinate office shall not terminate the constitutional status or competencies assigned to Dame-Marie.

Its functions shall transfer provisionally to the superior competent authority until the subordinate office is reconstituted.

Article 77 — Emergency continuity

Hurricane, earthquake, flood, landslide, maritime accident, road interruption, evacuation, destruction of premises, or temporary displacement of personnel shall not terminate the legal seat or constitutional status of Dame-Marie.

Article 78 — Constitutional entrenchment

The status of Dame-Marie may be amended only through an express supreme constitutional instrument governing:

territorial continuity;

institutional succession;

the National Cacao Administration;

agricultural and maritime functions;

public property;

personnel;

budgets;

archives;

emergency continuity;

relations with Jérémie and the western communes.

Article 79 — Repeal of inconsistent instruments

Every subordinate administrative instrument inconsistent with this Law is repealed or rendered inapplicable to the extent of the inconsistency.

Article 80 — Entry into force

This Law shall enter into force immediately upon promulgation.

It shall be entered into:

the Supreme Constitutional Register;

the Territorial Register;

the Maritime Register;

the Agricultural Register;

the National Cacao Register;

the Guacayarima–Dame-Marie Territorial Register;

the Official Gazette;

the General Archives of the State.

FINAL CONSTITUTIONAL DETERMINATION

For all purposes of Xaraguayan constitutional, territorial, historical, agricultural, maritime, economic, environmental, infrastructure, archival, and emergency administration, Dame-Marie is classified as:

a territory of Indigenous occupation preceding European colonization;

a component of the western political and maritime geography of Xaragua;

a jurisdiction associated with the Indigenous regional designation Guacayarima;

a territory subjected to Spanish colonial claims within La Española;

a western territory subsequently incorporated into French Saint-Domingue;

the historical parish and coastal jurisdiction of Cap-Dame-Marie;

a major colonial cacao-, coffee-, timber-, agricultural-, fisheries-, and maritime-producing jurisdiction;

a territory incorporated into the plantation and slavery system;

a component of Grand’Anse affected by British intervention;

a jurisdiction incorporated into André Rigaud’s southern command;

a territory affected by the War of the South;

a jurisdiction incorporated into the independent Haitian state;

a component of the southern and western republic;

a permanent agricultural, maritime, fisheries, commercial, and municipal center;

a territory administered during the foreign occupation of 1915–1934;

a commune of Grand’Anse within the Arrondissement of Anse-d’Hainault;

a principal cacao- and coffee-producing jurisdiction of the western peninsula;

a territory severely affected by Hurricane Matthew;

a jurisdiction subject to permanent seismic and hurricane planning;

the seat of the National Cacao Administration;

the permanent Western Agro-Maritime Center of Xaragua.

Dame-Marie shall exercise the territorial, cacao, coffee, agricultural, fisheries, maritime, processing, storage, environmental, infrastructure, public-service, financial, archival, and emergency functions established by this Law.

It shall operate under the supreme constitutional authority seated at Miragoâne and in permanent administrative coordination with Jérémie, Anse-d’Hainault, Les Irois, Abricots, Tiburon, Les Cayes, and the other competent jurisdictions of Xaragua.

SUPREME ORDER OF EXECUTION

Every ministry, territorial authority, directorate, commission, registry, academic institution, financial body, public establishment, and officer subject to the constitutional order of Xaragua is hereby ordered to:

register Dame-Marie under its constitutional status;

employ the official nomenclature established by this Law;

constitute the Government of the Guacayarima–Dame-Marie Jurisdiction;

establish the National Cacao Administration;

appoint the competent territorial officers;

create the mandatory sectoral registers;

prepare the official territorial and maritime maps;

identify public property and critical infrastructure;

prepare the agricultural and disaster-continuity plans;

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

deposit all constitutive and implementing instruments with the General Archives of the State.

ISSUED, ENACTED, PROMULGATED, COUNTERSIGNED, CERTIFIED, AND ORDERED FOR IMMEDIATE EXECUTION

By the supreme constitutional authority of the Rector-President

PASCAL DESPUZEAU DAUMEC VIAU

Rector-President of Xaragua

Issued at Miragoâne, Constitutional Capital of Xaragua.

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

SUPREME TERRITORIAL AND MARITIME ADMINISTRATION

GENERAL ARCHIVES OF THE STATE

NATIONAL CACAO ADMINISTRATION

GUACAYARIMA–DAME-MARIE TERRITORIAL REGISTER

OFFICIAL GAZETTE OF XARAGUA

CERTIFICATE OF CONSTITUTIONAL REGISTRATION AND EXECUTION

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

ENACTED

PROMULGATED

REGISTERED

CLASSIFIED

CERTIFIED

PLACED INTO EXECUTION

PERMANENTLY ARCHIVED

DAME-MARIE

WESTERN AGRO-MARITIME CENTER OF XARAGUA

SEAT OF THE NATIONAL CACAO ADMINISTRATION

SEAT OF THE GUACAYARIMA–DAME-MARIE JURISDICTION

STATE ADMINISTRATIVE FORMULA:

TERRITORY — CACAO — PRODUCTION — MARITIME LOGISTICS — STATE CONTINUITY

Principal historical and institutional authorities

Médéric-Louis-Élie Moreau de Saint-Méry, Description topographique, physique, civile, politique et historique de la partie française de l’isle Saint-Domingue.

David Patrick Geggus, Slavery, War, and Revolution: The British Occupation of Saint-Domingue, 1793–1798, Clarendon Press.

Thomas Madiou, Histoire d’Haïti.

Beaubrun Ardouin, Études sur l’histoire d’Haïti.

Kevin D. Manuel, Slavery, Coffee, and Family in a Frontier Society: Jérémie and Its Hinterland, 1780–1789, University of Florida.

Institut haïtien de statistique et d’informatique, territorial and demographic records concerning Dame-Marie, Anse-d’Hainault, and Grand’Anse.

Agronomes et vétérinaires sans frontières, documentation concerning cacao production and Hurricane Matthew in Dame-Marie and western Grand’Anse.

United Nations and humanitarian operational records concerning Hurricane Matthew, October 2016.

United Nations Office for the Coordination of Humanitarian Affairs and United States Geological Survey, records concerning the earthquake of 14 August 2021.



Anse d'Haineault


SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

SUPREME TERRITORIAL AND MARITIME ADMINISTRATION

GENERAL ARCHIVES OF THE STATE

SUPREME ORGANIC LAW OF TERRITORIAL GOVERNMENT

CONSTITUTING ANSE-D’HAINAULT AS THE EXTREME-WESTERN ADMINISTRATIVE AND MARITIME CENTER OF XARAGUA AND ESTABLISHING THE GOVERNMENT, TERRITORIAL COMPETENCE, INTERCOMMUNAL AUTHORITY, PORT ADMINISTRATION, PUBLIC-SERVICE SYSTEM, HISTORICAL CLASSIFICATION, AND CONTINUITY REGIME OF THE GUACAYARIMA–ANSE-D’HAINAULT JURISDICTION

Official Reference: SCIPS-X/ORP/STMA/GADH/2025

Constitutional Register: Book I — Territorial Government — Extreme-Western District

Organic Register: Government of Guacayarima–Anse-d’Hainault

Administrative Register: Anse-d’Hainault Intercommunal District

Place of Promulgation: Miragoâne, Constitutional Capital of Xaragua

Legislating and Promulgating Authority: Rector-President of Xaragua

Superior Executing Authority: Supreme Territorial and Maritime Administration

Territorial Government: Government of Guacayarima–Anse-d’Hainault

Archival Depositary: General Archives of the State

Legal Classification: Supreme Organic Territorial Law — Extreme-Western Government Act — Intercommunal Administration Code — Port and Public-Service Organization Statute

Normative Rank: Supreme Constitutional Instrument of Territorial Government

Temporal Force: Permanent

Executive Force: Immediate

Institutional Effect: Directly Applicable and Binding upon All Authorities, Offices, Services, Registers, and Public Institutions of Xaragua

Territorial Subject: Anse-d’Hainault — Anse-d’Ainault — Ansdeno — Grandoit — Boudon — Îlet-à-Pierre-Joseph — Mandou — Baie-de-l’Hospital — Associated Coastal, Port, Agricultural, Forest, Hydrological, Mineral, Road, Communications, and Maritime Zones

Principal Constitutional Function: Extreme-Western Administrative and Maritime Center

Governmental Function: Seat of the Extreme-Western Territorial Government

Intercommunal Function: Administrative Coordination of Anse-d’Hainault, Dame-Marie, and Les Irois

Strategic Function: Port, Public Services, Territorial Records, Maritime Supply, Emergency Command, and Connection with Jérémie

ACT OF ENACTMENT

THE RECTOR-PRESIDENT OF XARAGUA,

Acting as Head of State and holder of the supreme constituent and constitutional authority;

Exercising the powers of territorial organization, institutional creation, administrative supervision, state registration, public-property control, maritime regulation, and continuity of government;

Having established Miragoâne as the permanent constitutional capital;

Having established Jérémie as the western metropolis and principal administrative center of Grand’Anse;

Having established Dame-Marie as the western agro-maritime center and seat of the National Cacao Administration;

Having established Tiburon as the southwestern maritime gateway;

Having determined that Anse-d’Hainault shall exercise the superior administrative and intercommunal coordination functions of the extreme-western district;

Having ordered the consolidation of the historical, territorial, administrative, maritime, agricultural, environmental, infrastructure, financial, and archival records of the jurisdiction;

ENACTS AND PROMULGATES THE FOLLOWING SUPREME ORGANIC LAW OF TERRITORIAL GOVERNMENT.

PART I — CONSTITUTION OF THE EXTREME-WESTERN DISTRICT

Article 1 — Constitutional designation

Anse-d’Hainault is permanently constituted as the:

EXTREME-WESTERN ADMINISTRATIVE AND MARITIME CENTER OF XARAGUA.

It shall be the principal seat of territorial administration for the extreme-western district.

Article 2 — Territorial government

The Government of Guacayarima–Anse-d’Hainault is hereby established as the permanent territorial executive administration of the jurisdiction.

It shall exercise the competencies assigned by this Law under the authority of the Rector-President.

Article 3 — Intercommunal district

The extreme-western intercommunal district shall coordinate the territorial and public-service relations among:

Anse-d’Hainault;

Dame-Marie;

Les Irois.

Each commune shall retain its separate territorial identity and specialized institutional functions.

Article 4 — Administrative capital of the district

Anse-d’Hainault shall be the administrative capital of the extreme-western district and the permanent seat of:

the Territorial Government;

the Administrator-General;

the Intercommunal Council;

the District Administrative Registry;

the Port and Maritime Administration;

the Public-Service Coordination Authority;

the Extreme-Western Emergency Command.

Article 5 — Nature of status

The status established by this Law is constitutional, governmental, territorial, administrative, intercommunal, maritime, economic, environmental, financial, and archival.

It constitutes an operative governmental status and not an honorary, promotional, or ceremonial title.

Article 6 — Territorial hierarchy

The principal western functions of Xaragua are distributed as follows:

Jérémie: western metropolis and superior metropolitan center of Grand’Anse;

Anse-d’Hainault: extreme-western administrative capital and intercommunal command;

Dame-Marie: western agro-maritime and national cacao center;

Les Irois: western oceanic and fisheries jurisdiction;

Tiburon: southwestern maritime gateway and southern maritime connection.

Article 7 — Unity of command

The creation of specialized western jurisdictions shall not divide the unity of Xaraguayan constitutional authority.

All territorial governments remain subordinate to the Rector-President and subject to the constitutional order promulgated at Miragoâne.

Article 8 — Constitutional protection

The status, governmental seat, territorial competence, registers, institutions, and public functions of Anse-d’Hainault shall not be abolished, transferred, suspended, or diminished by ordinary administrative action.

PART II — OFFICIAL TERRITORIAL IDENTITY

Article 9 — Official forms

The recognized official forms are:

ANSE-D’HAINAULT, in French and English;

ANSE-D’AINAULT, as a historical orthographic variant;

ANSDENO, in Haitian Creole.

Article 10 — Historical origin of the name

The name Anse-d’Hainault identifies the coastal anse associated in historical accounts with a French settler bearing the name Hainault.

The General Archives shall preserve the documentary record of the name, including maps, administrative descriptions, maritime records, and orthographic variants.

Article 11 — Indigenous regional name

The Indigenous regional designation of the jurisdiction shall be:

GUACAYARIMA

Guacayarima shall identify the historical western regional framework associated with Xaragua.

It shall not be treated as proof that the present town possessed the same name or boundaries before colonization.

Article 12 — Spanish-period classification

The official archival classification for the Spanish period shall be:

GUACAYARIMA — EXTREME-WESTERN COASTAL TERRITORY OF LA ESPAÑOLA

No separate Spanish municipal name shall be registered without an authenticated historical source.

Article 13 — Territorial succession

The official nomenclatural succession shall be:

GUACAYARIMA — ANSE D’HAINAULT — ANSE-D’HAINAULT — ANSDENO

Each designation shall be classified according to its language, period, geographic scope, legal use, and documentary authority.

PART III — HISTORICAL CLASSIFICATION

Article 14 — Indigenous territorial order

Before 1492, the region was inhabited, cultivated, navigated, and administered within the Indigenous territorial geography of Ayiti–Bohío–Quisqueya and the political order of Xaragua.

The territorial system included:

coastal and inland settlements;

agriculture;

fisheries;

forest and mountain resources;

freshwater systems;

canoe routes;

landing areas;

inland communications;

community authorities;

territorial-defense functions.

Article 15 — Priority of Indigenous authority

The Indigenous political and territorial order shall be recorded as the earliest organized authority applicable to Guacayarima.

Spanish, French, British, revolutionary, Haitian, occupation-era, departmental, arrondissement, and communal administrations constitute successive governmental systems established within a previously inhabited territory.

Article 16 — Spanish administration

Following 1492, Spanish colonial authorities asserted jurisdiction over Guacayarima as part of La Española.

The period shall be classified by:

military coercion;

compulsory labor;

tribute;

land redistribution;

missionary administration;

demographic displacement;

navigation control;

the subsequent reduction of effective Spanish administration.

Article 17 — French incorporation

Following the consolidation of French possession in western Hispaniola, the territory was incorporated into Saint-Domingue and subjected to French territorial, plantation, slavery, agricultural, military, maritime, commercial, fiscal, and racial law.

Article 18 — Colonial productive system

The regional economy included:

cacao;

coffee;

bananas and other fruit;

food crops;

livestock;

timber;

fisheries;

coastal commerce.

Production was incorporated into the plantation and slavery system.

Article 19 — British intervention

Beginning in 1793, the wider Grand’Anse region was incorporated into the British military and commercial intervention connected with Jamaica.

The official record shall distinguish:

direct military occupation;

fortified positions;

regional military authority;

port supervision;

maritime commerce;

local colonial administration.

Article 20 — Îlet-à-Pierre-Joseph

Îlet-à-Pierre-Joseph is classified as a strategic historical site associated with coastal defense, British military withdrawal, and the administrative foundation of Anse-d’Hainault.

Article 21 — Foundation of the town

The administrative foundation of the named town of Anse-d’Hainault is recorded as 1798, following the British evacuation of Îlet-à-Pierre-Joseph.

The date shall not be interpreted as the beginning of human occupation of the territory.

Article 22 — Southern administration

Following the British withdrawal, Anse-d’Hainault was incorporated into the southern political and military system administered under André Rigaud.

Article 23 — War of the South

During the War of the South of 1799–1800, the region formed part of the conflict concerning:

supreme command;

regional authority;

ports and customs;

public appointments;

agricultural administration;

western maritime communication;

control of Grand’Anse and the South.

Article 24 — Independence

The region was incorporated into the military conflict produced by the French expedition of 1802.

The proclamation of independence on 1 January 1804 terminated French sovereignty and incorporated the territory into the independent Haitian state.

Article 25 — Southern republic

Following the constitutional division of 1806, Anse-d’Hainault formed part of the southern and western republic governed by Alexandre Pétion.

Article 26 — Communal and port organization

Anse-d’Hainault was constituted as a commune in 1817 in association with the official opening of its port to foreign commerce.

The year 1817 shall be entered as the principal date of municipal and commercial organization.

Article 27 — National reunification

The reunification completed under Jean-Pierre Boyer in 1820 incorporated Anse-d’Hainault into the centralized national administration.

Article 28 — Goman resistance

The western resistance associated with Jean-Baptiste Perrier, known as Goman, shall form part of the permanent territorial record.

The General Archives shall document:

territorial bases;

participating communities;

military operations;

command structures;

duration;

governmental responses;

administrative consequences.

Article 29 — Subsequent political conflicts

The historical register shall include the region’s documented participation in:

the transformations of 1843;

nineteenth-century civil conflicts;

rural armed movements;

Cacos-related activity;

changes in departmental, military, and municipal authority.

Article 30 — United States occupation

From 1915 to 1934, Anse-d’Hainault was incorporated into the occupation system governing public finance, customs, policing, roads, agriculture, infrastructure, and territorial administration.

Article 31 — Contemporary status

Anse-d’Hainault is recorded as:

a commune of Grand’Anse;

the chief town of the Arrondissement of Anse-d’Hainault;

the administrative center of the arrondissement comprising Anse-d’Hainault, Dame-Marie, and Les Irois.

PART IV — TERRITORIAL GOVERNMENT

Article 32 — Administrator-General

The Territorial Government shall be directed by an Administrator-General appointed by the Rector-President.

The appointment instrument shall determine the term, powers, reporting obligations, delegation authority, and conditions of replacement.

Article 33 — Powers of the Administrator-General

The Administrator-General shall:

implement constitutional and rectoral instruments;

direct the territorial administration;

coordinate the statutory directorates;

convene the Intercommunal Council;

prepare the annual budget;

supervise public property;

issue administrative orders within delegated competence;

direct continuity-of-government operations;

submit annual reports.

Article 34 — Institutional departments

The Territorial Government shall comprise:

Office of the Administrator-General;

Intercommunal Coordination Council;

Department of Territorial and Civil Administration;

Department of Port and Maritime Services;

Department of Fisheries;

Department of Agriculture and Rural Economy;

Department of Environment, Watersheds, and Mineral Resources;

Department of Infrastructure and Transportation;

Department of Health and Essential Services;

Extreme-Western Emergency Command;

Office of State Registers and Archives;

Office of Finance, Procurement, Inspection, and Audit.

Article 35 — Administrative planning

The Territorial Government shall adopt:

a five-year territorial plan;

an annual administrative program;

an annual budget;

an infrastructure plan;

a port and maritime plan;

an agricultural plan;

an environmental plan;

a public-service plan;

an emergency-continuity plan;

an annual performance statement.

Article 36 — Annual accountability

Every department shall submit:

a statement of competencies exercised;

a personnel register;

a financial statement;

a procurement statement;

performance statistics;

an infrastructure report;

an inventory of public property;

an archival deposit.

PART V — INTERCOMMUNAL GOVERNMENT

Article 37 — Intercommunal Coordination Council

The Intercommunal Coordination Council is constituted as the permanent organ for shared administration among Anse-d’Hainault, Dame-Marie, and Les Irois.

Article 38 — Council competence

The Council shall coordinate:

roads and bridges;

emergency communications;

public-health referrals;

maritime transportation;

fisheries infrastructure;

agricultural markets;

storage facilities;

environmental monitoring;

civil-protection operations;

transmission of official records.

Article 39 — Preservation of specialized functions

The Council shall not extinguish:

the separate territorial administration of each commune;

the National Cacao Administration seated at Dame-Marie;

the oceanic and fisheries functions assigned to Les Irois;

the metropolitan authority of Jérémie;

the maritime-gateway function of Tiburon.

Article 40 — Intercommunal decisions

Every intercommunal decision shall identify:

its legal basis;

the participating authorities;

the territory affected;

the executing service;

the budget;

the implementation period;

the reporting authority;

the archival destination.

PART VI — PORT AND MARITIME GOVERNMENT

Article 41 — Strategic port classification

The port, anchorage, landing facilities, and associated maritime infrastructure of Anse-d’Hainault are classified as strategic public infrastructure of the extreme-western district.

Article 42 — Port functions

The port shall support:

coastal freight;

passenger movement;

fisheries;

agricultural transport;

authorized external commerce;

emergency supply;

medical evacuation;

humanitarian and disaster logistics;

official maritime communications.

Article 43 — Port administration

The Port and Maritime Services Department shall maintain:

port-property records;

infrastructure inventories;

anchorage records;

arrival and departure records;

cargo and passenger documentation;

inspection reports;

accident reports;

emergency procedures;

annual activity statements.

Article 44 — Navigation safety

The port administration shall issue or maintain:

navigational notices;

weather information;

landing and anchorage procedures;

safety inspections;

emergency frequencies;

storm-closure orders;

casualty-reporting procedures;

search-and-rescue coordination.

Article 45 — Fisheries administration

The Fisheries Department shall maintain:

a fisher register;

a locally administered vessel register;

equipment records;

landing-site records;

catch data;

conservation measures;

cold-storage records;

processing records;

commercial-distribution records;

maritime-emergency procedures.

PART VII — AGRICULTURAL AND RURAL ADMINISTRATION

Article 46 — Agricultural sectors

The Agricultural Department shall administer records and programs concerning:

cacao;

coffee;

bananas;

avocados and other fruit;

food crops;

livestock;

fisheries products;

local processing.

Article 47 — Cacao and coffee coordination

Cacao and coffee programs operating within Anse-d’Hainault shall be coordinated with the National Cacao Administration and Western Coffee Register seated at Dame-Marie.

Article 48 — Agricultural register

The register shall identify:

producers;

producer organizations;

cultivated areas;

annual production;

collection centers;

storage facilities;

processing facilities;

agricultural roads;

contracts;

disaster losses.

Article 49 — Food-security administration

The Territorial Government shall maintain:

seed reserves;

agricultural equipment reserves;

livestock and veterinary records;

storage systems;

public-market coordination;

emergency food-production plans;

post-disaster rehabilitation procedures.

Article 50 — Agricultural finance

No agricultural credit, subsidy, grant, guarantee, public purchase, or equipment program shall operate without:

legal authorization;

an approved budget;

beneficiary registration;

written eligibility requirements;

contractual documentation;

inspection;

accounting;

audit;

annual reporting.

PART VIII — ENVIRONMENTAL AND MINERAL ADMINISTRATION

Article 51 — Environmental jurisdiction

The Territorial Government shall administer:

forests;

watersheds;

rivers;

freshwater sources;

beaches;

mangroves;

wetlands;

fisheries habitats;

agricultural soils;

erosion- and landslide-risk zones.

Article 52 — Mineral-resource register

Documented geological indications of manganese, bauxite, and other mineral resources shall be entered into the Mineral-Resource Register.

Registration shall constitute an administrative inventory and shall not by itself authorize extraction.

Article 53 — Mineral authorization

Any mineral exploration, testing, extraction, processing, storage, or transport shall require:

geological documentation;

territorial authorization;

land-access documentation;

environmental assessment;

water-impact review;

rehabilitation obligations;

financial guarantees;

inspection;

production and revenue records.

Article 54 — Environmental approval

Major port, road, coastal, agricultural-processing, mineral, tourism, or industrial projects shall require:

territorial classification;

environmental assessment;

watershed analysis;

drainage review;

coastal-risk analysis;

mitigation and rehabilitation measures;

administrative approval;

continuing inspection.

PART IX — PUBLIC SERVICES AND INFRASTRUCTURE

Article 55 — Arrondissement-level services

Anse-d’Hainault shall maintain administrative capacity for:

civil registration;

territorial records;

public-property records;

administrative filings;

commercial licensing;

health coordination;

education administration;

emergency operations;

transmission of records to Jérémie and Miragoâne.

Article 56 — Health services

The Health and Essential Services Department shall coordinate:

primary care;

emergency medicine;

maternal and pediatric services;

trauma stabilization;

disaster medicine;

pharmaceutical reserves;

disease surveillance;

medical evacuation.

Article 57 — Technical education

Training programs shall prioritize:

public administration;

territorial registration;

port operations;

fisheries;

agriculture;

cacao and coffee processing;

environmental management;

construction;

mineral-resource administration;

emergency management.

Article 58 — Essential infrastructure

The Territorial Government shall coordinate:

potable water;

sanitation;

drainage;

solid waste;

electricity;

telecommunications;

roads and bridges;

ports and landing sites;

public markets;

emergency installations.

Article 59 — Strategic corridors

The following corridors are classified as infrastructure of territorial continuity:

Anse-d’Hainault–Dame-Marie–Jérémie;

Anse-d’Hainault–Les Irois;

Anse-d’Hainault–Tiburon maritime connection;

agricultural collection routes;

emergency coastal routes.

PART X — DISASTER COMMAND AND CONTINUITY

Article 60 — Risk classification

Anse-d’Hainault is classified as a high-exposure coastal, seismic, hydrological, agricultural, and infrastructure jurisdiction.

Article 61 — Hurricane Matthew

The consequences of Hurricane Matthew in October 2016 shall be permanently registered.

The record shall cover:

human losses;

housing;

cacao and coffee;

banana and food crops;

livestock;

fisheries;

ports and landing sites;

roads and bridges;

water and sanitation;

electricity and telecommunications;

public administration.

Article 62 — Earthquake preparedness

The earthquake of 14 August 2021 shall be incorporated into the permanent structural, medical, infrastructure, archival, and continuity-of-government record.

Article 63 — Emergency infrastructure

The Extreme-Western Emergency Command shall maintain:

an operations center;

shelters;

evacuation corridors;

protected water supplies;

food, medical, and fuel reserves;

agricultural and seed reserves;

decentralized energy;

radio and satellite communications;

maritime emergency transport;

alternate administrative premises;

replicated public records.

Article 64 — Continuity of legal seat

A natural disaster, evacuation, maritime interruption, road failure, destruction of premises, or displacement of personnel shall not terminate the legal seat or constitutional status of Anse-d’Hainault.

PART XI — FINANCIAL AND PROPERTY GOVERNMENT

Article 65 — Annual budget

The Territorial Government shall operate through an annual budget authorized under the financial order of Xaragua.

No commitment or expenditure shall be made without appropriation, authorization, documentary support, accounting registration, and payment certification.

Article 66 — Public revenue

No fee, tariff, inspection charge, license payment, port charge, concession payment, or other territorial revenue may be collected without:

legal authorization;

an official tariff;

a numbered receipt;

accounting registration;

deposit into an authorized account;

financial reporting;

audit.

Article 67 — Procurement

Public procurement shall require:

an identified governmental need;

budget availability;

technical specifications;

documented supplier selection;

a written contract or purchase order;

delivery inspection;

payment authorization;

archival registration.

Article 68 — Public-property register

Every public parcel, office, warehouse, wharf, landing facility, road installation, vehicle, vessel, machine, communications system, archive, and item of equipment shall be registered, inventoried, assigned, and annually verified.

PART XII — STATE REGISTERS AND ARCHIVES

Article 69 — Mandatory registers

The Territorial Government shall maintain:

Extreme-Western Administrative Register;

Intercommunal Decisions Register;

Port and Maritime Register;

Fisheries Register;

Agricultural Production Register;

Mineral-Resource Register;

Environmental and Watershed Register;

Infrastructure Register;

Emergency and Disaster Register;

Public Property Register;

Procurement Register;

Financial Reporting Register.

Article 70 — Historical program

The General Archives and the University of Xaragua shall maintain documentation concerning:

Indigenous Guacayarima;

the western political geography of Xaragua;

Spanish colonial administration;

French colonial administration;

plantations and slavery;

British intervention;

Îlet-à-Pierre-Joseph;

the 1798 establishment;

André Rigaud;

the War of the South;

independence;

the 1817 communal and port organization;

Goman’s resistance;

the political transformations of 1843;

nineteenth-century conflicts;

the United States occupation;

agricultural and maritime development;

Hurricane Matthew;

the earthquake of 2021;

the present constitutional organization.

Article 71 — Archival deposit

Every authority created by this Law shall deposit its constitutive acts, appointments, regulations, maps, budgets, contracts, registers, reports, and final administrative decisions with the General Archives of the State.

PART XIII — FINAL CONSTITUTIONAL PROVISIONS

Article 72 — Official constitutional formula

The official formula shall be:

ANSE-D’HAINAULT — EXTREME-WESTERN ADMINISTRATIVE AND MARITIME CENTER OF XARAGUA — SEAT OF THE GOVERNMENT OF GUACAYARIMA–ANSE-D’HAINAULT

The Haitian Creole formula shall be:

ANSDENO — SANT ADMINISTRATIF AK MARITIM EKSTRÈM LWÈS XARAGUA — SYÈJ GOUVÈNMAN GUACAYARIMA–ANSDENO

Article 73 — Implementing authority

The Rector-President shall issue every appointment, organic regulation, budgetary authorization, map, territorial plan, technical standard, sectoral instrument, and administrative order required for execution.

Article 74 — Administrative conformity

Every authority of Xaragua shall conform its maps, territorial terminology, registers, plans, budgets, licenses, publications, and administrative instruments to this Law.

Article 75 — Institutional succession

The vacancy, suspension, dissolution, or reorganization of a subordinate institution shall not extinguish its statutory competencies.

Those competencies shall provisionally revert to the superior executing authority.

Article 76 — Constitutional entrenchment

This Law may be amended only by an express supreme constitutional instrument regulating:

territorial continuity;

the governmental seat;

intercommunal coordination;

institutional succession;

port and maritime functions;

public services;

public property;

personnel;

finances;

archives;

emergency continuity.

Article 77 — Supremacy

Every subordinate instrument inconsistent with this Law is repealed or rendered inapplicable to the extent of the inconsistency.

Article 78 — Entry into force

This Law shall enter into force immediately upon promulgation.

It shall be entered into:

the Supreme Constitutional Register;

the Territorial Government Register;

the Maritime Register;

the Extreme-Western Administrative Register;

the Guacayarima–Anse-d’Hainault Organic Register;

the Official Gazette;

the General Archives of the State.

FINAL CONSTITUTIONAL DETERMINATION

For all constitutional, territorial, governmental, historical, administrative, maritime, agricultural, environmental, infrastructure, financial, archival, and emergency purposes, Anse-d’Hainault is classified as:

a territory of Indigenous occupation predating European colonization;

a component of the western territorial system of Xaragua;

a jurisdiction associated with the Indigenous regional designation Guacayarima;

a territory subjected to Spanish colonial claims within La Española;

a western territory incorporated into French Saint-Domingue;

a colonial agricultural, fishing, maritime, and rural-administration zone;

a territory affected by British military and commercial intervention;

the jurisdiction containing the strategic site of Îlet-à-Pierre-Joseph;

a named settlement administratively established in 1798;

a component of André Rigaud’s southern command;

a territory affected by the War of the South;

a jurisdiction incorporated into the independent Haitian state;

a component of the southern and western republic;

a commune and commercial port organized in 1817;

a territory associated with Goman’s western resistance;

a jurisdiction involved in subsequent national political and military transformations;

a permanent agricultural, fisheries, port, commercial, and municipal center;

a territory administered under the occupation system of 1915–1934;

the chief town of the Arrondissement of Anse-d’Hainault;

the intercommunal coordinating center for Anse-d’Hainault, Dame-Marie, and Les Irois;

a high-exposure territory affected by Hurricane Matthew;

a jurisdiction subject to permanent seismic planning;

the seat of the Extreme-Western Territorial Government;

the Extreme-Western Administrative and Maritime Center of Xaragua.

Anse-d’Hainault shall exercise the territorial, governmental, intercommunal, administrative, port, maritime, fisheries, agricultural, environmental, mineral-resource, infrastructure, public-service, financial, archival, and emergency competencies established by this Law.

Its government shall operate under the supreme constitutional authority seated at Miragoâne and in permanent coordination with Jérémie, Dame-Marie, Les Irois, Tiburon, Les Cayes, and every competent territorial jurisdiction.

SUPREME EXECUTORY MANDATE

Every ministry, territorial government, directorate, council, commission, registry, academic institution, financial body, public establishment, and officer subject to the constitutional order of Xaragua is ordered to:

register the constitutional status of Anse-d’Hainault;

constitute the Government of Guacayarima–Anse-d’Hainault;

appoint the Administrator-General;

constitute the Intercommunal Coordination Council;

establish the statutory departments;

open the mandatory public registers;

prepare the official territorial and maritime maps;

identify public property and strategic infrastructure;

adopt the five-year territorial plan;

establish the public-service and emergency-continuity systems;

submit implementation reports to the Rector-President;

deposit all instruments with the General Archives of the State.

ISSUED, ENACTED, PROMULGATED, COUNTERSIGNED, CERTIFIED, AND ORDERED FOR IMMEDIATE EXECUTION

By the supreme constitutional authority of the Rector-President

PASCAL DESPUZEAU DAUMEC VIAU

Rector-President of Xaragua

Issued at Miragoâne, Constitutional Capital of Xaragua.

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

SUPREME TERRITORIAL AND MARITIME ADMINISTRATION

GOVERNMENT OF GUACAYARIMA–ANSE-D’HAINAULT

GENERAL ARCHIVES OF THE STATE

EXTREME-WESTERN ADMINISTRATIVE REGISTER

OFFICIAL GAZETTE OF XARAGUA

CERTIFICATE OF CONSTITUTIONAL REGISTRATION AND EXECUTION

The General Archives of the State hereby certifies that this Supreme Organic Law of Territorial Government has been:

ENACTED

PROMULGATED

REGISTERED

CLASSIFIED

CERTIFIED

PLACED INTO EXECUTION

PERMANENTLY ARCHIVED

ANSE-D’HAINAULT

EXTREME-WESTERN ADMINISTRATIVE AND MARITIME CENTER OF XARAGUA

SEAT OF THE GOVERNMENT OF GUACAYARIMA–ANSE-D’HAINAULT

STATE ADMINISTRATIVE FORMULA:

GOVERNMENT — TERRITORY — PORT — PUBLIC SERVICES — CONTINUITY

Principal historical and institutional authorities

Médéric-Louis-Élie Moreau de Saint-Méry, Description topographique, physique, civile, politique et historique de la partie française de l’isle Saint-Domingue.

David Patrick Geggus, Slavery, War, and Revolution: The British Occupation of Saint-Domingue, 1793–1798, Clarendon Press.

Thomas Madiou, Histoire d’Haïti.

Beaubrun Ardouin, Études sur l’histoire d’Haïti.

Institut haïtien de statistique et d’informatique, territorial and demographic records concerning Anse-d’Hainault, Dame-Marie, Les Irois, and Grand’Anse.

Agronomes et vétérinaires sans frontières, documentation concerning cacao production and Hurricane Matthew in Anse-d’Hainault and western Grand’Anse.

Food and Agriculture Organization of the United Nations, Haiti: Hurricane Matthew Situation Report, October 2016.

United Nations humanitarian records concerning Hurricane Matthew.

United Nations Office for the Coordination of Humanitarian Affairs and United States Geological Survey, records concerning the earthquake of 14 August 2021.

Limonade


SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

SUPREME COUNCIL FOR INDIGENOUS RIGHTS AND HISTORICAL TERRITORIES

UNIVERSITY OF XARAGUA

GENERAL ARCHIVES OF THE STATE

SUPREME ORGANIC CONSTITUTIONAL LAW

ON THE PERMANENT RECOGNITION OF THE INDIGENOUS HISTORICAL TERRITORIES OF THE NORTHERN LITTORAL, THE INSTITUTIONAL PROTECTION OF THE MARIÉN ARCHAEOLOGICAL LANDSCAPE, THE ORGANIZATION OF AUTONOMOUS INDIGENOUS COMMUNITY REPRESENTATION, UNIVERSITY AND ARCHAEOLOGICAL RESEARCH, CULTURAL-TOURISM DEVELOPMENT, ECONOMIC PARTICIPATION, AND THE CONSTITUTION OF LIMONADE AS THE NORTHERN INDIGENOUS HERITAGE AND ARCHAEOLOGICAL CENTER OF XARAGUA

Official Reference: SCIPS-X/ORP/SCIRHT/NIH-LIM/2025

Constitutional Register: Book II — Indigenous Rights, Historical Territories, and Cultural Continuity

Organic Register: Marién–Limonade Indigenous Historical Interests Jurisdiction

Archaeological Register: Marién–En Bas Saline Archaeological Register

Place of Promulgation: Miragoâne, Constitutional Capital of Xaragua

Promulgating Authority: Office of the Rector-President

Supreme Coordinating Authority: Supreme Council for Indigenous Rights and Historical Territories

Scientific and Academic Authority: University of Xaragua

Archival Depositary: General Archives of the State

Legal Classification: Supreme Indigenous Historical Rights Act — Northern Littoral Heritage Organization Statute — Marién Archaeological Protection Law — Autonomous Indigenous Community Representation Instrument — Cultural and Economic Participation Act

Normative Rank: Supreme Organic Constitutional Instrument Governing the Indigenous, Historical, Scientific, Cultural, Archival, Representational, and Economic Interests of Xaragua

Temporal Status: Permanent

Executive Status: Immediately Executable within the Institutional Order of Xaragua

Institutional Effect: Constitutionally Entrenched — Directly Applicable to Every Authority and Institution of Xaragua — Executable through Research, Representation, Cooperation, Agreement, Acquisition, Funding, Cultural Action, and Institutional Participation

Territorial Subject: Limonade — Limonad — Bord-de-Mer-de-Limonade — En Bas Saline — Puerto Real — Associated Archaeological Landscapes — Historical Littoral of Marién — Northern Plain — Adjacent Coastal and Rural Communities

Primary Constitutional Function: Northern Indigenous Heritage and Archaeological Center of Xaragua

Institutional Character: Indigenous Historical-Interests, Archaeological, Academic, Cultural, Representational, Cooperative, and Economic Jurisdiction

Protected Indigenous Political Reference: Marién

Protected Indigenous Historical Authority: Guacanagarí and the Indigenous Authorities and Communities of the Northern Littoral

Administrative Principle: Institutional Exercise Without Substitution for Ordinary Municipal or Departmental Administration

CONSTITUTIONAL ENACTING FORMULA

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

Exercising the constituent, constitutional, Indigenous, historical, academic, cultural, archival, representational, economic, patrimonial, and institutional authority vested in the Office of the Rector-President;

Acting pursuant to the Constitution, the foundational acts of the State, the statutes governing Indigenous rights, historical territories, autonomous communities, cultural patrimony, university research, archives, institutional cooperation, economic participation, and the permanent governmental organization of Xaragua;

Recognizing the Indigenous peoples of Ayiti–Bohío–Quisqueya as the original political, territorial, social, agricultural, maritime, cultural, and spiritual authorities of the island before the establishment of European colonial government;

Recognizing Marién as the historical Indigenous political and territorial order associated with the northern and northwestern regions of the island;

Recognizing the Northern Littoral as a distinct Indigenous historical zone requiring an institutional classification separate from the direct territorial-administration instruments applicable to the Grand South;

Recognizing that Limonade and En Bas Saline belonged historically to the political and maritime geography of Marién and shall not be falsely reclassified as components of the pre-Columbian cacicazgo of Xaragua;

Determining that the constitutional interest of Xaragua in the Northern Littoral derives from Indigenous political solidarity, shared civilizational continuity, protection of archaeological patrimony, defense of autonomous Indigenous communities, institutional representation, university research, cultural development, and economic participation;

Determining that Xaragua shall exercise these interests through its own constitutional organs, academic institutions, archives, community structures, cultural programs, lawfully constituted funds, property rights, contractual arrangements, and cooperation agreements;

Recognizing En Bas Saline as a major Indigenous settlement and archaeological landscape whose occupation extended across the late precontact and early-contact periods;

Recognizing the probable association of En Bas Saline with the principal political center of Guacanagarí, while preserving the distinction between established archaeological evidence and continuing historical interpretation;

Taking scientific notice of the hypothesis associating En Bas Saline with the vicinity of La Navidad, without declaring the precise location of the Spanish occupation conclusively established;

Taking institutional notice of Puerto Real, founded under Spanish authority in 1503 near the present territory of Limonade and maintained until the late sixteenth century;

Recognizing that the Indigenous historical record of Limonade predates La Navidad, Puerto Real, French Saint-Domingue, plantation administration, the Haitian Revolution, and all subsequent governmental systems;

Recognizing the rights of Indigenous communities to autonomous organization, voluntary affiliation, cultural transmission, internal representation, participation in research, control of culturally sensitive information, protection of ancestral places, and equitable participation in economic development;

Determining that archaeological research, museum interpretation, university instruction, tourism, publication, and commercial activity involving Indigenous heritage shall be subject to permanent standards of documentation, community participation, scientific integrity, financial accountability, and archival preservation;

Determining that Xaragua shall establish a complete institutional system for the identification, protection, study, interpretation, transmission, and economic development of the Indigenous heritage of the Northern Littoral;

HEREBY ENACTS, CONSTITUTES, CLASSIFIES, ORGANIZES, AND ORDERS THE IMMEDIATE EXECUTION OF THE FOLLOWING SUPREME ORGANIC CONSTITUTIONAL LAW.

BOOK I — CONSTITUTIONAL STATUS AND INSTITUTIONAL JURISDICTION

Article 1 — Permanent constitutional designation

Limonade is hereby constituted, classified, and permanently designated within the constitutional order of Xaragua as:

the Northern Indigenous Heritage and Archaeological Center of Xaragua;

the institutional seat of the Marién–Limonade Indigenous Historical Interests Jurisdiction;

the principal Xaraguayan center for the study, registration, protection, and interpretation of the Indigenous Northern Littoral;

the principal coordinating center for Xaraguayan research concerning Marién, Guacanagarí, En Bas Saline, La Navidad, Puerto Real, and the historical transformation of the Northern Plain;

a principal center for autonomous Indigenous community representation;

a priority center for cultural tourism, archaeological interpretation, museums, university cooperation, archival administration, professional training, and Indigenous economic participation.

Article 2 — Constitutional character

The status established by this Law is Indigenous, constitutional, historical, archaeological, academic, cultural, archival, representational, cooperative, patrimonial, and economic.

It is not honorary, promotional, temporary, or exclusively commemorative.

It establishes permanent institutions, registers, programs, financial mechanisms, research standards, representation procedures, reporting obligations, and archival requirements.

Article 3 — Special northern classification

The Marién–Limonade Indigenous Historical Interests Jurisdiction constitutes a special northern constitutional category.

It shall not be incorporated into the hierarchy of direct territorial administration established for Miragoâne, Les Cayes, Jérémie, Petit-Goâve, Tiburon, Aquin, Port-Salut, Dame-Marie, Anse-d’Hainault, or the other internal jurisdictions of the Grand South.

Article 4 — Jurisdiction over Xaraguayan institutions

This Law shall bind:

the Office of the Rector-President;

the Supreme Council for Indigenous Rights and Historical Territories;

the University of Xaragua;

the General Archives of the State;

every Xaraguayan archaeological, historical, cultural, academic, tourism, economic, financial, and community-development program;

every officer, representative, researcher, contractor, beneficiary, or institution acting under Xaraguayan authority;

every property, collection, fund, museum, research center, archive, certification, commercial mark, and contractual interest administered by Xaragua.

Article 5 — Modes of institutional execution

The jurisdiction shall be exercised through:

constitutional recognition;

institutional representation;

autonomous community organization;

archaeological and historical research;

archives and documentary administration;

academic cooperation;

cultural and museum programming;

lawful acquisition, lease, donation, trust, or custodial agreement;

research, tourism, economic, and development partnerships;

grants, scholarships, and institutional funds;

intellectual-property and cultural-certification systems;

agreements with communities, landholders, universities, museums, foundations, public authorities, and international institutions.

Article 6 — Institutional competence

The institutions established by this Law shall exercise competence concerning:

Indigenous historical rights and interests;

archaeological research and documentation;

community representation;

cultural continuity;

heritage interpretation;

museums and collections;

university instruction and professional training;

digital archives;

cultural tourism;

community economic development;

intellectual and cultural property;

environmental protection associated with heritage sites;

financial and contractual administration of Xaraguayan programs.

Article 7 — Ordinary local administration

The institutions constituted by this Law shall not exercise ordinary municipal or departmental administration over the general population of Limonade.

Civil registration, ordinary policing, elections, general taxation, ordinary courts, cadastral administration, municipal infrastructure, and general public services shall remain outside the institutional competence created by this Law unless a specific function is lawfully entrusted to Xaragua through an applicable agreement.

Article 8 — Protection of constitutional status

No subordinate authority or institution of Xaragua may abolish, suspend, transfer, reduce, or reclassify the status of Limonade by ordinary administrative action.

No temporary absence of personnel, property, research activity, funding, community affiliation, or institutional agreement shall extinguish the permanent historical and constitutional interests recognized by this Law.

BOOK II — INDIGENOUS POLITICAL ORDER AND HISTORICAL RIGHTS

Article 9 — Marién

Marién is recognized as the Indigenous political and territorial order historically associated with Limonade, En Bas Saline, and the Northern Littoral.

Marién shall be entered in the Indigenous Historical Register as a political system possessing its own authorities, communities, settlements, agricultural territories, maritime routes, economic networks, defensive functions, and relations with neighboring Indigenous jurisdictions.

Article 10 — Distinction between Marién and Xaragua

Marién and Xaragua shall be recorded as distinct pre-Columbian political orders.

The constitutional institutions of Xaragua shall not claim that pre-Columbian Limonade formed part of the historical cacicazgo of Xaragua.

The contemporary interest of Xaragua in Marién shall be exercised as an Indigenous institutional interest founded upon common civilization, historical solidarity, protection of Indigenous patrimony, defense of Indigenous communities, and participation in the interpretation and development of Indigenous heritage.

Article 11 — Guacanagarí

Guacanagarí, including documented orthographic variants of his name, is entered in the Indigenous Historical Register as:

a principal cacique of Marién;

an Indigenous political authority of the Northern Littoral;

an authority associated with the settlement system surrounding the contact zone of 1492;

a central figure in the historical record concerning the wreck of the Santa María and the establishment of La Navidad;

a representative of an Indigenous political order possessing authority before European occupation.

Article 12 — Institutional classification of Guacanagarí

The State record shall not classify Guacanagarí exclusively through his relationship with Christopher Columbus.

His official classification shall include:

his authority within Marién;

his control of territory and resources;

his diplomatic and political functions;

his responsibilities toward his communities;

the circumstances under which European forces entered the region;

the consequences of Spanish occupation for his authority and population;

the limitations and biases of the surviving colonial sources.

Article 13 — Indigenous territorial functions

The pre-1492 functions of the Northern Littoral are constitutionally classified as:

political, through Indigenous territorial government;

residential, through permanent and seasonal settlement;

agricultural, through organized cultivation and food production;

maritime, through fishing, canoe navigation, landing, and coastal communication;

economic, through production, distribution, and exchange;

environmental, through the management of soils, water, forests, wetlands, and marine resources;

communications-based, through coastal and inland routes;

defensive, through observation and control of northern maritime approaches;

spiritual and ceremonial, through the collective institutions and practices of Indigenous communities.

Article 14 — Priority of Indigenous authority

Indigenous political and territorial authority shall be entered as the earliest organized governmental order applicable to Limonade and the Northern Littoral.

Spanish, French, revolutionary, Haitian, departmental, communal, university, and archaeological institutions shall be recorded as successive systems operating within or studying a territory previously inhabited, cultivated, administered, and politically organized.

Article 15 — Indigenous historical rights

Xaragua affirms the permanent Indigenous interests attached to:

historical memory;

archaeological sites;

ancestral landscapes;

Indigenous names;

material culture;

human remains and funerary places;

oral and reconstructed traditions;

community organization;

access to scientific information;

participation in public interpretation;

cultural and economic benefit derived from Indigenous heritage.

BOOK III — OFFICIAL AND HISTORICAL NOMENCLATURE

Article 16 — Contemporary official names

The official French and English designation shall be:

LIMONADE

The official Haitian Creole designation shall be:

LIMONAD

Both forms shall possess equal validity within Xaraguayan instruments according to the language of promulgation or publication.

Article 17 — Indigenous historical formula

The official Xaraguayan classification for the pre-Columbian period shall be:

LIMONADE–EN BAS SALINE WITHIN THE INDIGENOUS POLITICAL AND MARITIME TERRITORY OF MARIÉN

This formula identifies the contemporary reference territory and its Indigenous political context. It shall not be interpreted as establishing that the modern name Limonade existed before European colonization.

Article 18 — Protected nomenclature

The General Archives shall maintain records concerning:

Ayiti;

Bohío;

Quisqueya;

Marién;

Guacanagarí and documented variants;

En Bas Saline;

La Navidad;

Puerto Real;

Bayaha, where applicable;

Limonade;

Limonad;

Bord-de-Mer-de-Limonade;

all documented Indigenous, Spanish, French, Creole, archaeological, hydrological, agricultural, and coastal place-names associated with the jurisdiction.

Article 19 — Nomenclature classification

Every recorded name shall be classified according to:

language;

historical period;

documentary source;

geographic scope;

Indigenous, colonial, archaeological, or contemporary character;

administrative function;

degree of historical certainty;

relationship to other documented names.

Article 20 — Prohibition of invented attribution

No institution of Xaragua shall assign an undocumented Indigenous municipal name to the modern city of Limonade.

The absence of a presently established pre-Columbian municipal name shall not be interpreted as absence of Indigenous occupation, government, settlement, or territorial organization.

BOOK IV — EN BAS SALINE INDIGENOUS ARCHAEOLOGICAL LANDSCAPE

Article 21 — Supreme archaeological classification

En Bas Saline is classified as an Indigenous archaeological landscape of supreme historical, scientific, educational, cultural, and constitutional importance.

Its primary classification shall be that of a major Indigenous town and political center occupied before and after the beginning of European intrusion.

Article 22 — Indigenous chronological priority

Every Xaraguayan publication, exhibition, map, curriculum, research program, or tourism instrument concerning En Bas Saline shall begin with the Indigenous occupation, government, economy, residential organization, material culture, and community life of the site.

The Spanish contact period shall be classified as a subsequent historical phase.

Article 23 — Archaeological characteristics

The permanent scientific program shall document:

the extent and chronology of settlement;

residential organization;

public and ceremonial spaces;

mounds and plazas;

political authority;

household organization;

agriculture and food production;

fisheries and marine resources;

ceramics and tools;

personal ornaments;

trade and exchange;

Indigenous craft production;

environmental adaptation;

community responses to European intrusion;

occupation during the early contact period.

Article 24 — Association with Guacanagarí

The association of En Bas Saline with the principal settlement of Guacanagarí shall be maintained as an important scientific interpretation supported by the scale, chronology, location, and political characteristics attributed to the site.

The General Archives and the University of Xaragua shall preserve the evidentiary basis, competing interpretations, and subsequent research concerning this association.

Article 25 — La Navidad research classification

The possible location of La Navidad at or near En Bas Saline shall be classified as a continuing archaeological and historical research question.

No Xaraguayan institution shall represent the exact location as conclusively established without a formal scientific determination based upon authenticated archaeological evidence and peer-reviewed evaluation.

Article 26 — Protection against colonial reduction

En Bas Saline shall not be officially presented merely as:

the place of Columbus’s arrival;

the location of the Santa María shipwreck;

a European fortification;

an appendix to La Navidad;

the beginning of European settlement.

The Indigenous town, population, authority, economy, and material culture shall constitute the principal subject of interpretation.

Article 27 — Archaeological protection plan

The University of Xaragua shall prepare an En Bas Saline Archaeological Protection and Research Plan identifying:

known archaeological concentrations;

unexcavated areas;

residential and public sectors;

agricultural land situated above archaeological deposits;

waterways and former shorelines;

access routes;

environmental-risk areas;

buffer zones;

areas threatened by erosion, looting, construction, extraction, flooding, or uncontrolled visitation;

requirements for conservation, monitoring, documentation, and emergency intervention.

Article 28 — Cooperative implementation

The protection plan shall be implemented through documented agreements with the competent institutions, communities, occupants, landholders, researchers, and custodial authorities.

Every agreement shall identify the protected area, authorized activity, duration, financing, access rights, reporting obligations, community benefits, and archival requirements.

BOOK V — SPANISH INVASION, LA NAVIDAD, AND PUERTO REAL

Article 29 — Spanish colonial intervention

Spanish intervention beginning in 1492 introduced:

military occupation;

forced labor;

tribute;

religious coercion;

appropriation of land and resources;

suppression or subordination of Indigenous authorities;

demographic displacement;

extraction of natural and human resources;

reorganization of Indigenous settlements;

colonial classification of persons and territory.

Article 30 — La Navidad

La Navidad shall be recorded as an early Spanish occupation established following the wreck of the Santa María in December 1492.

The official historical record shall include:

the assistance provided by Indigenous inhabitants;

the authority exercised by Guacanagarí;

the transfer and use of materials from the wreck;

the construction and occupation of the Spanish establishment;

the conduct of its occupants;

its destruction;

the consequences for surrounding Indigenous communities;

the continuing uncertainty concerning its exact archaeological location.

Article 31 — Indigenous agency

The historical program shall analyze the decisions of Guacanagarí and the communities of Marién as exercises of Indigenous political agency undertaken within the conditions existing at the time.

The State record shall not reduce those decisions to passive reception, submission, or retrospective colonial inevitability.

Article 32 — Puerto Real

Puerto Real, established under Spanish authority in 1503 near the present territory of Limonade, is classified as:

an early Spanish colonial town;

a center of livestock production, commerce, and maritime activity;

a jurisdiction inhabited by Indigenous, European, and African populations;

a location of forced labor and colonial economic extraction;

a major archaeological landscape;

a settlement maintained until the late sixteenth century.

Article 33 — Distinction of sites and periods

The General Archives and the University of Xaragua shall distinguish:

the Indigenous settlement of En Bas Saline;

the proposed location or vicinity of La Navidad;

the Spanish colonial town of Puerto Real;

settlements associated with Bayaha;

the French-colonial territory of Limonade;

the modern city and commune of Limonade.

No official map or publication shall merge these locations or chronological phases without identifying the evidentiary basis for doing so.

BOOK VI — FRENCH COLONIAL, REVOLUTIONARY, AND NATIONAL HISTORY

Article 34 — French colonial incorporation

The Limonade region was subsequently incorporated into Saint-Domingue and subjected to French:

territorial administration;

plantation law;

slavery law;

racial legal classification;

parish organization;

agricultural regulation;

military authority;

commercial and fiscal administration;

land and labor controls.

Article 35 — Northern Plain economy

The permanent documentary program shall record Limonade’s incorporation into the productive system of the Northern Plain, including:

sugar production;

livestock;

food cultivation;

plantation infrastructure;

roads and maritime transportation;

commercial distribution;

the labor of enslaved Africans and their descendants;

resistance to plantation authority;

the transformation of land use and settlement.

Article 36 — Military history

The General Archives shall maintain documentation concerning:

Spanish-French conflicts;

the Battle of the Savanna of Limonade in 1691;

colonial military infrastructure;

the Haitian Revolution;

French, Spanish, British, and revolutionary forces;

regional political and military commands;

the destruction and reorganization of the plantation system;

the transformation of the Northern Plain.

Article 37 — Independence and post-independence administration

The historical record after 1804 shall include:

incorporation into the independent Haitian state;

northern political and military administrations;

the State and Kingdom established under Henry Christophe;

national reunification;

departmental and communal administration;

agriculture and commerce;

public institutions;

education;

regional infrastructure;

the development of modern Limonade.

Article 38 — Integrated historical classification

The recognition of Indigenous chronological priority shall not suppress the African, revolutionary, Haitian, agricultural, religious, communal, or university history of Limonade.

Each historical period shall be separately classified within a continuous territorial record.

BOOK VII — AUTONOMOUS INDIGENOUS COMMUNITIES

Article 39 — Recognition of autonomous organization

Xaragua recognizes the right of Indigenous communities connected with the Northern Littoral to establish autonomous institutions based upon:

voluntary affiliation;

community-defined membership;

internal statutes;

customary or elected representation;

collective decision-making;

cultural practice;

historical research;

spiritual and ceremonial organization;

education;

community economic activity.

Article 40 — Voluntary affiliation

No resident of Limonade or the Northern Littoral shall be classified as a member of an Indigenous community solely on the basis of residence, appearance, family name, social condition, occupation, archaeological employment, or proximity to a protected site.

Membership shall be determined through voluntary self-identification and the internal rules of the relevant autonomous Indigenous community.

Article 41 — Northern Littoral Indigenous Council

The Northern Littoral Indigenous Council is hereby recognized as the principal autonomous consultative institution through which affiliated Indigenous communities may participate in the execution of this Law.

Article 42 — Community competence

The Council shall exercise consultative and representative competence concerning:

Indigenous identity;

historical interpretation;

archaeological research;

community consent;

cultural and spiritual practices;

museums and exhibitions;

tourism;

education;

sacred and sensitive sites;

human remains and funerary objects;

cultural and intellectual property;

economic benefit-sharing;

community-development priorities.

Article 43 — Institutional independence

The Council shall not constitute a municipal administration, police authority, electoral authority, compulsory association, or political party.

It shall govern its membership, internal organs, cultural programs, property, funds, representations, agreements, and affiliated community institutions.

Article 44 — Community participation

No Xaraguayan institution may invoke an Indigenous community merely to:

obtain a research agreement;

secure a grant;

market tourism;

certify a commercial product;

display ceremonies or cultural practices;

claim community consent;

establish institutional legitimacy.

Community participation shall be documented, continuous, materially effective, and governed by a written instrument.

Article 45 — Community representation standard

Representatives of autonomous Indigenous communities shall possess decisive participation in all Xaraguayan determinations concerning:

community identity;

sacred heritage;

funerary materials;

cultural consent;

restricted knowledge;

community economic benefits;

authorized public representation.

BOOK VIII — UNIVERSITY AND ARCHAEOLOGICAL ADMINISTRATION

Article 46 — Constitution of the Mission

The University of Xaragua shall establish the:

MARIÉN–LIMONADE NORTHERN LITTORAL ARCHAEOLOGICAL AND HISTORICAL MISSION

The Mission shall constitute the permanent scientific organ responsible for the implementation of the academic provisions of this Law.

Article 47 — Scientific competence

The Mission shall conduct, commission, coordinate, or support:

archaeology;

ethnohistory;

historical geography;

anthropology;

linguistics;

archaeobotany;

zooarchaeology;

material-culture studies;

environmental history;

remote sensing;

geophysical survey;

geographic information systems;

archival research;

oral history;

conservation science;

museum studies;

heritage economics;

responsible cultural-tourism research.

Article 48 — Research authorization system

Every Xaraguayan research project shall require:

an approved research design;

identification of the responsible institution and principal investigator;

applicable legal authorization;

documented access authorization;

landholder or lawful occupant agreement where required;

community consultation;

a conservation plan;

a collections-management plan;

a project budget;

financial disclosure;

data-management rules;

publication obligations;

final reporting;

archival deposit.

Article 49 — Excavation and survey controls

No researcher acting under Xaraguayan authority may:

excavate archaeological deposits;

survey private or restricted property;

remove artifacts;

collect biological or environmental samples;

move human remains;

create a restricted cultural record;

publish protected site coordinates;

without the authorizations and institutional controls required by this Law.

Article 50 — Academic cooperation

The University of Xaragua shall maintain authority to conclude scientific agreements with:

Haitian universities;

the Université d’État d’Haïti;

the Campus Henry Christophe de Limonade;

Caribbean universities;

international universities;

museums;

archaeological institutes;

scientific laboratories;

community associations;

public heritage bodies;

research foundations.

Article 51 — Local professional participation

Every field project shall establish a local participation plan providing, according to project requirements, for:

paid archaeological employment;

field-school scholarships;

conservation training;

survey and mapping instruction;

digital documentation;

museum education;

oral-history training;

laboratory participation;

technical certification;

research authorship or formal acknowledgment corresponding to actual contribution.

Article 52 — Research budget classification

Every archaeological budget shall separately identify:

personnel compensation;

community benefits;

field operations;

scientific analysis;

institutional overhead;

equipment;

conservation;

publication;

site protection;

archival administration;

training;

tourism-related infrastructure.

Article 53 — Scientific integrity

The University of Xaragua shall maintain a formal distinction among:

established archaeological evidence;

probable interpretation;

disputed interpretation;

community historical tradition;

institutional commemoration;

unresolved research questions.

Political, commercial, touristic, or ceremonial preference shall not substitute for scientific evidence.

Article 54 — Human remains and funerary materials

Human remains, burials, funerary objects, ceremonial objects, and culturally sensitive information shall be classified as restricted heritage.

Their excavation, analysis, movement, imaging, sampling, publication, display, conservation, or reburial shall require:

documented scientific necessity;

applicable authorization;

community consultation;

a custodial determination;

restricted-access procedures;

complete chain-of-custody records;

a final conservation or reburial plan.

BOOK IX — COLLECTIONS, ARCHIVES, AND RESTITUTION

Article 55 — Archaeological collections inventory

The General Archives and the University of Xaragua shall establish an inventory concerning:

objects excavated at En Bas Saline;

objects excavated at Puerto Real;

human remains;

funerary and ceremonial materials;

field notes;

maps;

photographs;

drawings;

excavation records;

laboratory samples;

digital models;

materials held by foreign universities, museums, laboratories, or private collections;

the legal, institutional, scientific, and custodial status of each identified item.

Article 56 — Collections administration

Every collection under Xaraguayan custody shall possess:

an accession number;

a provenance record;

a condition report;

a storage location;

a responsible custodian;

access rules;

conservation requirements;

movement records;

a digital record;

an archival reference.

Article 57 — Export and temporary movement

No institution acting under the authority of Xaragua may permanently remove archaeological material from its lawful territory of custody without applicable authorization and a formal custodial instrument.

Temporary scientific movement shall require:

a complete inventory;

chain-of-custody documentation;

insurance or equivalent protection;

a designated receiving institution;

a scientific purpose;

a return date;

analytical reporting;

reproduction and deposit of all resulting records.

Article 58 — Restitution and access policy

Xaragua may request, negotiate, finance, or support:

return of unlawfully removed objects;

restitution of human remains;

long-term loans;

shared custody;

digital restitution;

reproduction of archaeological archives;

research access;

joint exhibitions;

conservation training;

publication of previously inaccessible records.

Article 59 — Digital heritage repository

A Marién–Limonade Digital Heritage Repository shall preserve:

archaeological reports;

site maps;

three-dimensional models;

artifact catalogues;

historical documents;

oral histories;

photographs;

conservation records;

research datasets;

community-authorized educational material;

institutional and financial records.

Sensitive information shall be governed by classified-access procedures.

BOOK X — CULTURAL TOURISM AND PUBLIC INTERPRETATION

Article 60 — Cultural-tourism jurisdiction

Limonade is designated as a priority jurisdiction for Indigenous archaeological, historical, educational, and cultural tourism within the development policy of Xaragua.

Tourism programs shall be governed by archaeological protection, historical accuracy, community participation, environmental capacity, public safety, professional administration, and local economic benefit.

Article 61 — Marién Heritage Route

The Marién Heritage Route is hereby established as an institutional development program capable of connecting, through the required agreements:

Limonade;

En Bas Saline;

Bord-de-Mer-de-Limonade;

Puerto Real;

museums and interpretation centers;

university facilities;

protected archaeological landscapes;

coastal and agricultural sites;

community-operated cultural and economic enterprises.

Article 62 — Northern Indigenous Heritage Interpretation Center

Xaragua shall establish or support a Northern Indigenous Heritage Interpretation Center comprising:

a permanent exhibition concerning Marién;

an En Bas Saline archaeological gallery;

a Guacanagarí historical section;

a La Navidad research section;

a Puerto Real colonial archaeology section;

a conservation laboratory;

classrooms and seminar facilities;

community exhibition areas;

archives;

a publication center;

a regulated cultural and commercial space.

Article 63 — Public interpretation standards

Every Xaraguayan interpretation program shall:

establish the priority of Indigenous occupation;

identify Marién as an Indigenous political order;

present Guacanagarí as an Indigenous authority;

distinguish archaeological evidence from hypothesis;

classify La Navidad as a Spanish colonial occupation;

document Indigenous survival and adaptation after 1492;

include African, revolutionary, and Haitian historical experiences;

identify the sources supporting each principal historical claim.

Article 64 — Tourism authorization

Every enterprise using the name, seal, sponsorship, certification, research, route, museum, or institutional recognition of Xaragua shall be subject to:

registration;

operating authorization;

historical-content review;

environmental requirements;

transparent tariffs;

employment records;

community-benefit obligations;

financial documentation;

safety and emergency procedures;

annual reporting.

Article 65 — Prohibited tourism practices

No authorized enterprise shall:

fabricate Indigenous genealogies;

falsify archaeological discoveries;

market unlawfully acquired artifacts;

commercialize restricted ceremonies;

use unauthorized sacred imagery;

represent historical hypotheses as established facts;

exclude participating communities from agreed economic benefits.



BOOK XI — ECONOMIC AND CULTURAL PARTICIPATION

Article 66 — Constitutional economic interest

Xaragua affirms its permanent economic interest in activities arising from its:

research investment;

archaeological and historical programs;

museums and interpretation centers;

intellectual property;

publications;

professional training;

tourism partnerships;

community-development funds;

lawfully acquired property;

contractual rights;

cultural certifications;

institutional services.

Article 67 — Community economic priority

Programs deriving economic value from Indigenous heritage shall prioritize:

community-owned enterprises;

local guides;

archaeological technicians;

research assistants;

artisans;

farmers;

fishers;

transport providers;

accommodation operators;

food-service enterprises;

cultural educators;

local historians;

community museums;

youth training initiatives.

Article 68 — Benefit-sharing requirement

Every Xaraguayan project commercially using Indigenous identity, archaeological heritage, community knowledge, or protected cultural material shall establish a documented benefit-sharing mechanism.

Benefit-sharing may include:

direct compensation;

employment;

community royalties;

revenue participation;

scholarships;

site-protection funds;

training;

infrastructure;

cooperative ownership;

museum financing;

community archival programs.

Article 69 — Protected cultural economy

The competent authority may certify:

community-authorized crafts;

locally authored publications;

educational products;

archaeological reproductions;

responsible heritage tours;

community museums;

traditional or historically reconstructed agricultural products;

authorized cultural performances;

research-based digital and audiovisual products.

Article 70 — Cultural and intellectual property

No Xaraguayan institution shall commercially use a community name, symbol, design, oral history, ceremony, research contribution, cultural practice, or restricted body of knowledge without a written instrument establishing:

ownership;

authorized uses;

territorial scope;

duration;

compensation;

attribution;

confidentiality;

archival treatment;

termination procedures;

rights of withdrawal.

Article 71 — Research-derived intellectual property

Publications, databases, maps, photographs, recordings, three-dimensional models, educational materials, and commercial products derived from Xaraguayan research shall be governed by written rules concerning:

authorship;

institutional ownership;

community rights;

academic access;

commercial licensing;

revenue distribution;

archival preservation;

public-interest use.

BOOK XII — LAND, ARCHAEOLOGICAL SITES, AND ENVIRONMENT

Article 72 — Institutional property administration

Any property interest held by Xaragua within the jurisdiction shall be established by a documented legal instrument, including:

purchase;

donation;

lease;

easement;

trust;

custodial agreement;

research-access agreement;

institutional partnership;

another formally authenticated mode of acquisition or use.

Article 73 — Archaeological stewardship agreements

Xaragua may conclude stewardship agreements with communities, occupants, farmers, and landholders protecting archaeological deposits.

Such agreements may provide:

financial compensation;

agricultural support;

site monitoring;

erosion control;

protective infrastructure;

non-invasive research;

visitor management;

emergency conservation;

technical assistance;

formal recognition of custodial service.

Article 74 — Illicit archaeological property

No Xaraguayan authority, museum, university organ, officer, or affiliated institution shall purchase, accept, certify, display, or commercialize an archaeological object where its origin indicates looting, unauthorized excavation, unlawful export, removal from a grave, coercive acquisition, or deliberate destruction of provenance.

Article 75 — Environmental landscape

The archaeological and environmental protection program shall include:

former shorelines;

coastal plains;

wetlands;

mangroves;

rivers;

drainage systems;

agricultural soils;

settlement landscapes;

fisheries environments;

areas threatened by flooding, erosion, excavation, extraction, construction, or uncontrolled visitation.

Article 76 — Heritage-impact assessment

Every Xaraguayan infrastructure, tourism, museum, research, agricultural, or commercial project capable of affecting an archaeological landscape shall require:

site classification;

archaeological assessment;

environmental review;

community consultation;

mitigation measures;

monitoring;

final reporting;

archival deposit.

BOOK XIII — ORGANIC INSTITUTIONAL STRUCTURE

Article 77 — Constitution of the Authority

The Marién–Limonade Indigenous Heritage, Archaeological, and Cultural Development Authority is hereby constituted as the principal coordinating organ of the jurisdiction.

Article 78 — Institutional composition

The Authority shall comprise:

Office of the Administrator-General;

Northern Littoral Indigenous Council Liaison Office;

Marién–Limonade Archaeological Mission;

Archaeological Sites and Collections Directorate;

Community Autonomy and Cultural Rights Directorate;

Museums and Public Interpretation Directorate;

Cultural Tourism and Economic Participation Directorate;

Digital Heritage and Documentation Office;

Environmental and Archaeological Landscape Directorate;

Finance, Procurement, Inspection, and Audit Office;

Territorial Registry and Archival Depository.

Article 79 — Administrator-General

The Authority shall be directed by an Administrator-General appointed by the Rector-President.

The Administrator-General shall:

execute this Law;

coordinate the institutional divisions;

prepare the annual program and budget;

supervise agreements and property;

maintain the mandatory registers;

coordinate academic partnerships;

ensure community participation;

authorize expenditures within the approved budget;

submit annual reports;

deposit final administrative records with the General Archives.

Article 80 — Governing Council

A Marién–Limonade Governing Council shall supervise the strategic implementation of this Law.

It shall include representatives of:

the Office of the Rector-President;

the Supreme Council for Indigenous Rights and Historical Territories;

the University of Xaragua;

the General Archives of the State;

participating autonomous Indigenous communities;

archaeology and conservation specialists;

authorized cultural and economic partners.

Article 81 — Reserved community decisions

Representatives of autonomous Indigenous communities shall not be outnumbered in determinations concerning:

community identity;

sacred and funerary heritage;

restricted knowledge;

cultural consent;

authorized representation;

community intellectual property;

distribution of community benefits.

Article 82 — Institutional plan

The Authority shall prepare:

a ten-year Northern Littoral Indigenous Heritage Strategy;

a five-year archaeological research plan;

an annual administrative program;

an annual budget;

a community-participation plan;

a collections-management plan;

a cultural-tourism development plan;

an economic benefit-sharing plan;

an environmental and site-protection plan;

an annual performance report.

BOOK XIV — FINANCIAL ADMINISTRATION AND AUDIT

Article 83 — Northern Littoral Fund

The Northern Littoral Indigenous Heritage, Archaeological Research, and Community Development Fund is hereby established.

The Fund may finance:

archaeological research;

site conservation;

collections management;

archives;

museums;

scholarships;

community enterprises;

professional training;

tourism infrastructure;

digital documentation;

emergency protection;

scientific publication.

Article 84 — Budgetary administration

No expenditure shall be undertaken without:

legal authorization;

an approved budget;

an identified accounting officer;

documented commitment;

supporting records;

procurement control;

payment certification;

accounting registration;

archival deposit.

Article 85 — Revenue administration

No admission fee, license payment, certification charge, research fee, concession payment, royalty, donation, or other institutional revenue shall be collected without:

legal authorization;

an official tariff or written agreement;

a numbered receipt;

accounting registration;

deposit into an authorized account;

financial reporting;

audit.

Article 86 — Foreign grants

Every foreign grant shall identify:

the donor;

the recipient institution;

the total amount;

institutional overhead;

project objectives;

research methods;

ownership of data;

publication rights;

collection custody;

community benefits;

financial-control procedures;

duration;

termination conditions.

Article 87 — Procurement

Every procurement shall require:

an identified institutional need;

budget availability;

written specifications;

documented selection;

a contract or purchase order;

delivery inspection;

payment authorization;

inventory registration where applicable;

archival deposit.

Article 88 — Annual accountability

The Authority shall submit annually:

an administrative report;

audited financial statements;

a research-activity report;

a community-participation report;

a collections inventory;

a cultural-tourism report;

an economic benefit-sharing statement;

an environmental-protection report;

a public-property inventory;

certified archival deposits.

Article 89 — Prohibition of archaeological speculation

No authority or institution of Xaragua shall use an unverified archaeological claim to solicit investment, sell property, issue securities, advertise an exclusive discovery, artificially increase land value, or promise commercial returns.

BOOK XV — NATIONAL AND INTERNATIONAL COOPERATION

Article 90 — Haitian institutional cooperation

The Authority and the University of Xaragua shall maintain capacity to conclude agreements with competent Haitian institutions concerning:

archaeological research;

heritage protection;

university instruction;

museum development;

collections management;

environmental protection;

tourism;

community development;

professional training;

archives.

Article 91 — Campus Henry Christophe

The University of Xaragua shall maintain a permanent framework for proposed academic cooperation with the Campus Henry Christophe de Limonade in:

archaeology;

history;

anthropology;

heritage management;

environmental science;

agriculture;

tourism;

digital archives;

museum studies;

Indigenous rights;

community economic development.

Article 92 — International scientific cooperation

Xaragua may cooperate with:

universities;

museums;

archaeological institutes;

conservation laboratories;

Indigenous organizations;

scientific foundations;

heritage bodies;

international cultural and educational programs.

Every partnership shall provide for access by local scholars and communities to the research, records, training, and publications produced.

Article 93 — Institutional representation

The Office of the Rector-President may appoint special representatives for:

Indigenous historical rights;

archaeological cooperation;

museum and collections relations;

cultural tourism;

university partnerships;

restitution and digital repatriation;

community economic development.

Article 94 — Non-transfer of constitutional authority

No cooperation agreement shall transfer the constitutional authority of Xaragua over its own institutions, archives, funds, property, representatives, research programs, or internal Indigenous classifications.

BOOK XVI — ARCHIVAL GOVERNMENT

Article 95 — Marién–Limonade Register

The General Archives shall maintain a permanent constitutional register containing:

this Law;

implementing instruments;

appointments;

institutional statutes;

community agreements;

research authorizations;

official maps;

archaeological reports;

collections inventories;

financial records;

property records;

tourism plans;

benefit-sharing agreements;

annual reports;

audit records.

Article 96 — Sectoral registers

The Authority shall maintain:

Northern Littoral Indigenous Community Register;

Marién Historical Register;

En Bas Saline Archaeological Register;

Puerto Real Archaeological Register;

Research Authorization Register;

Archaeological Collections Register;

Human Remains and Restricted Heritage Register;

Cultural Tourism Register;

Community Benefit-Sharing Register;

Institutional Property Register;

Finance and Procurement Register;

Digital Heritage Register.

Article 97 — Permanent documentary program

The documentary program shall cover:

Indigenous Marién;

Guacanagarí;

En Bas Saline;

Indigenous political and community life before 1492;

the contact period;

La Navidad;

Puerto Real;

forced labor and colonial demographic transformation;

French-colonial Limonade;

plantations and slavery;

military conflicts;

the Haitian Revolution;

independence;

the northern governments;

Henry Christophe;

communal and departmental administration;

twentieth- and twenty-first-century archaeology;

local participation in archaeological research;

the Campus Henry Christophe;

contemporary heritage and cultural development.

Article 98 — Documentary correction

Where authenticated research disproves or materially qualifies an existing historical classification, the General Archives shall issue a documented rectification.

Such rectification shall identify:

the prior classification;

the new evidence;

the competent research authority;

the revised determination;

the records and publications requiring amendment.

Rectification of a historical finding shall not extinguish the constitutional status established by this Law.

Article 99 — Archival custody

Every institution constituted under this Law shall deposit its constitutive instruments, appointments, agreements, budgets, maps, inventories, reports, research records, financial statements, and final administrative acts with the General Archives of the State.

BOOK XVII — SUPREMACY, EXECUTION, AND ENTRENCHMENT

Article 100 — Official constitutional formula

The complete official formula shall be:

LIMONADE — NORTHERN INDIGENOUS HERITAGE AND ARCHAEOLOGICAL CENTER OF XARAGUA — SEAT OF THE MARIÉN–LIMONADE INDIGENOUS HISTORICAL INTERESTS JURISDICTION

The Haitian Creole administrative formula shall be:

LIMONAD — SANT ERITAJ ENDIJÈN AK RECHÈCH AKEYOLOJIK NÒ XARAGUA — SYÈJ JIRIDIKSYON ENTERÈ ISTORIK ENDIJÈN MARIÉN–LIMONAD

Article 101 — Administrative conformity

Every institution of Xaragua shall conform its:

territorial terminology;

historical classifications;

maps;

registers;

research programs;

museum materials;

tourism instruments;

financial documents;

academic publications;

official communications;

to this Law.

Article 102 — Constitutional protection

No subordinate Xaraguayan authority may:

convert the jurisdiction into an ordinary municipal administration;

erase the distinction between Marién and Xaragua;

suppress the Indigenous priority of the historical record;

subordinate archaeological protection to commercial tourism;

exclude autonomous Indigenous communities from reserved decisions;

declare En Bas Saline an exclusively European site;

represent the location of La Navidad as conclusively established without scientific determination;

transfer protected collections without authorization;

extinguish the jurisdiction through administrative inactivity.

Article 103 — Implementing authority

The Office of the Rector-President shall issue all:

appointments;

organic statutes;

community-recognition procedures;

research regulations;

archaeological standards;

official maps;

cooperation agreements;

financial authorizations;

museum regulations;

tourism standards;

economic-development instruments;

archival directives;

required for implementation.

Article 104 — Institutional continuity

The vacancy, suspension, dissolution, or reorganization of a subordinate institution shall not terminate the constitutional competencies established by this Law.

Pending reorganization, such competencies shall be exercised by the superior competent authority.

Article 105 — Constitutional entrenchment

The status of Limonade may be amended only by an express supreme constitutional instrument governing:

the Marién–Limonade Indigenous Historical Interests Jurisdiction;

Indigenous community autonomy;

archaeological protection;

university research;

collections and archives;

cultural tourism;

economic participation;

institutional succession;

financial consequences;

international cooperation.

Article 106 — Entry into force

This Law shall enter into force immediately upon promulgation within the constitutional order of Xaragua.

It shall be entered in:

the Supreme Constitutional Register;

the Indigenous Rights Register;

the Historical Territories Register;

the Northern Littoral Indigenous Heritage Register;

the Marién–En Bas Saline Archaeological Register;

the University Register;

the Official Gazette;

the General Archives of the State.

FINAL CONSTITUTIONAL DETERMINATION

For all purposes of the Indigenous, constitutional, historical, archaeological, academic, cultural, archival, representational, environmental, economic, and institutional order of Xaragua, Limonade and its associated northern coastal landscape are hereby recorded and classified as:

a territory of Indigenous occupation predating European colonial authority;

a component of the historical Indigenous political and territorial order of Marién;

a region associated with the political authority of Guacanagarí;

the location of En Bas Saline, a major late precontact and early-contact Indigenous settlement;

an Indigenous town possessing residential, political, ceremonial, agricultural, maritime, economic, and community functions;

a site occupied before and after the beginning of European intrusion;

an archaeological landscape associated with continuing research concerning the location of La Navidad;

a region subjected to Spanish military occupation, forced labor, political displacement, religious coercion, demographic transformation, and colonial economic extraction;

the location of Puerto Real, established under Spanish authority in 1503;

a territory subsequently incorporated into French Saint-Domingue;

a region incorporated into the plantation and slavery system of the Northern Plain;

a jurisdiction affected by Spanish-French warfare and the Battle of the Savanna of Limonade;

a territory incorporated into the Haitian Revolution and the independent state;

a jurisdiction administered within the successive northern and national constitutional orders;

a contemporary center of communal life, agriculture, education, university activity, archaeological research, and cultural development;

a priority jurisdiction for the protection of Indigenous archaeological heritage;

a center for autonomous Indigenous community representation;

a priority center for responsible Indigenous cultural tourism;

a center for university cooperation, archaeological training, museums, conservation, and digital heritage;

a jurisdiction of permanent Indigenous, historical, scientific, cultural, representational, and legitimate economic interest to Xaragua;

the permanent Northern Indigenous Heritage and Archaeological Center of Xaragua.

The Marién–Limonade jurisdiction shall constitute the institutional mechanism through which Xaragua identifies, registers, studies, preserves, represents, develops, and defends its Indigenous interests in the Northern Littoral.

The jurisdiction shall operate through the institutions of Xaragua, autonomous community organization, scientific research, academic cooperation, archives, lawful property and contractual rights, cultural programs, tourism development, and economic participation.

The Indigenous history of Limonade shall constitute the primary chronological and political foundation of the official record.

En Bas Saline shall be interpreted principally as an Indigenous town, political center, residential community, agricultural landscape, maritime settlement, and place of cultural continuity.

Its possible association with La Navidad shall remain subordinate to its established Indigenous archaeological character.

Guacanagarí shall be recorded as an Indigenous political authority of Marién and not merely as a person appearing within the voyages and narratives of Christopher Columbus.

The archaeological, cultural, academic, and economic development of Limonade shall include the autonomous Indigenous communities and local populations participating in the preservation, occupation, cultivation, study, interpretation, and transmission of the territory.

SUPREME ORDER OF EXECUTION

Every authority, council, university organ, archival office, commission, research mission, financial body, cultural institution, and representative subject to the constitutional order of Xaragua is hereby ordered to:

register the permanent constitutional designation of Limonade;

constitute the Marién–Limonade Indigenous Heritage, Archaeological, and Cultural Development Authority;

establish the Marién–Limonade Governing Council;

recognize the Northern Littoral Indigenous Council;

constitute the Marién–Limonade Archaeological and Historical Mission;

establish the Marién–En Bas Saline Archaeological Register;

prepare the inventory of archaeological collections and documentary archives;

prepare the En Bas Saline Archaeological Protection and Research Plan;

establish community consultation and reserved-decision procedures;

create the Northern Littoral Indigenous Heritage, Archaeological Research, and Community Development Fund;

prepare the Marién Heritage Route;

prepare the Northern Indigenous Heritage Interpretation Center;

establish cultural-tourism licensing and certification procedures;

prepare community benefit-sharing standards;

initiate academic cooperation with competent Haitian and international institutions;

seek access to, reproduction of, and restitution or digital repatriation of relevant collections and archives;

submit annual execution reports to the Office of the Rector-President;

deposit all constitutive and implementing instruments with the General Archives of the State.

ISSUED, ENACTED, PROMULGATED, COUNTERSIGNED, CERTIFIED, AND ORDERED FOR IMMEDIATE EXECUTION

By the supreme constitutional authority of the Rector-President

PASCAL DESPUZEAU DAUMEC VIAU

Rector-President of Xaragua

Issued at Miragoâne, Constitutional Capital of Xaragua.

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

SUPREME COUNCIL FOR INDIGENOUS RIGHTS AND HISTORICAL TERRITORIES

UNIVERSITY OF XARAGUA

GENERAL ARCHIVES OF THE STATE

MARIÉN–LIMONADE INDIGENOUS HERITAGE AUTHORITY

NORTHERN LITTORAL INDIGENOUS HERITAGE REGISTER

MARIÉN–EN BAS SALINE ARCHAEOLOGICAL REGISTER

OFFICIAL GAZETTE OF XARAGUA

CERTIFICATE OF CONSTITUTIONAL REGISTRATION AND INSTITUTIONAL EXECUTION

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

ENACTED

PROMULGATED

REGISTERED

HISTORICALLY CLASSIFIED

SCIENTIFICALLY ORGANIZED

PLACED INTO INSTITUTIONAL EXECUTION

PERMANENTLY ARCHIVED

LIMONADE

NORTHERN INDIGENOUS HERITAGE AND ARCHAEOLOGICAL CENTER OF XARAGUA

SEAT OF THE MARIÉN–LIMONADE INDIGENOUS HISTORICAL INTERESTS JURISDICTION

STATE FORMULA:

INDIGENOUS AUTHORITY — ARCHAEOLOGICAL KNOWLEDGE — COMMUNITY AUTONOMY — CULTURAL DEVELOPMENT — ECONOMIC PARTICIPATION — HISTORICAL CONTINUITY

PRINCIPAL HISTORICAL, ARCHAEOLOGICAL, AND INSTITUTIONAL AUTHORITIES

Kathleen Deagan, En Bas Saline: A Taíno Town before and after Columbus, University Press of Florida, 2023.

Kathleen Deagan, ed., Puerto Real: The Archaeology of a Sixteenth-Century Spanish Town in Hispaniola, University Press of Florida, 1995.

Florida Museum of Natural History, archaeological documentation concerning En Bas Saline and Puerto Real.

Samuel M. Wilson, studies concerning Indigenous political organization, chiefdoms, and European contact in Hispaniola and the Caribbean.

William F. Keegan, studies concerning Taíno societies, Caribbean archaeology, migration, settlement, and political organization.

Irving Rouse, The Tainos: Rise and Decline of the People Who Greeted Columbus, Yale University Press.

Bartolomé de las Casas, Historia de las Indias, as a colonial-period documentary source subject to historical and textual criticism.

Peter Martyr d’Anghiera, early documentary accounts concerning Hispaniola and the Indigenous Caribbean, subject to historical and textual criticism.

Samuel Eliot Morison, historical and cartographic studies concerning the northern coast of Hispaniola and the proposed location of La Navidad.

Médéric-Louis-Élie Moreau de Saint-Méry, works concerning the topography, administration, population, and economy of colonial Saint-Domingue.

Thomas Madiou, Histoire d’Haïti.

Beaubrun Ardouin, Études sur l’histoire d’Haïti.

Université d’État d’Haïti and Campus Henry Christophe de Limonade, academic and institutional records concerning higher education in Limonade.

Haitian and international archaeological, archival, cartographic, historical, environmental, university, and heritage-protection records concerning Marién, Guacanagarí, Limonade, En Bas Saline, La Navidad, Puerto Real, and the Northern Plain.


SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

GENERAL ARCHIVES OF THE STATE

UNIVERSITY OF XARAGUA

SUPREME COUNCIL FOR INDIGENOUS RIGHTS AND HISTORICAL TERRITORIES

SUPREME CONSTITUTIONAL AND INDIGENOUS HERITAGE ACT

ON THE HISTORICAL INDIGENOUS TERRITORIES OF LIMONADE, PUERTO REAL, EN BAS SALINE AND CARACOL; THE PROTECTION OF THE NORTHERN ARCHAEOLOGICAL LANDSCAPE; THE AUTONOMY OF COASTAL AND MARITIME INDIGENOUS COMMUNITIES; AND THE PRESERVATION OF THE ANCESTRAL INDIGENOUS MARITIME DOMAIN

Official Reference: SCIPS-X/ORP-GAS/NIHL-001

Legal Classification: Supreme Indigenous Heritage Act — Historical Territorial Classification — Archaeological Protection Instrument — Autonomous Community Framework — Maritime Patrimonial Statute — Cultural and Economic Development Instrument

Territorial Application: Limonade, Puerto Real, En Bas Saline, Caracol and the historically connected coastal and maritime areas of the northern littoral of Ayiti

Competent Authorities: Office of the Rector-President; Supreme Council for Indigenous Rights and Historical Territories; General Archives of the State; University of Xaragua

Nature of Jurisdiction: Historical, patrimonial, archaeological, cultural, academic, consultative and economic-interest jurisdiction without direct territorial administration

Constitutional Status: Permanent State Instrument

TITLE I — PURPOSE, SCOPE AND LEGAL EFFECT

Article 1 — Purpose

The present Act establishes the official constitutional, historical, archaeological, cultural, maritime and economic-interest framework of the Sovereign Catholic Indigenous and Private State of Xaragua concerning Limonade, Puerto Real, En Bas Saline, Caracol and the adjoining northern littoral.

The Act provides for:

the official classification of the territory as an ancestral Indigenous historical domain;

the protection of archaeological sites, artifacts, archives, landscapes and places of memory;

the recognition of autonomous Indigenous coastal and maritime communities;

the preservation of the sea, coast, reefs, bays, estuaries, mangroves, islands, fishing grounds and maritime routes as components of an inalienable ancestral Indigenous patrimony;

the establishment of institutional mechanisms for historical research, archaeological conservation, cultural restoration and community representation;

the protection of Indigenous economic interests connected with land, sea, heritage, tourism, fisheries, investment and cultural industries;

the regulation of Xaragua’s participation in cooperative development projects; and

the prevention of dispossession, unauthorized appropriation, commercial exploitation and destruction of Indigenous heritage.

Article 2 — Nature of Xaragua’s jurisdiction

The jurisdiction established by the present Act is exclusively:

historical;

constitutional;

Indigenous;

patrimonial;

archaeological;

cultural;

academic;

consultative;

representative; and

economic and developmental.

It does not constitute direct municipal, civil, fiscal, cadastral, police, judicial or ordinary administrative government over the resident population.

Article 3 — Exclusion of direct administration

Nothing in the present Act shall be interpreted as establishing:

direct administration of Limonade, Caracol or any other municipality;

substitution for existing civil or municipal services;

compulsory taxation of local residents;

general police authority over the population;

ordinary civil registration;

compulsory land registration;

unilateral regulation of private daily activities;

appointment of municipal authorities; or

displacement of the internal authority of autonomous Indigenous communities.

Xaragua shall act through protection, documentation, cooperation, investment, institutional agreements, community consultation, cultural representation and patrimonial intervention.

Article 4 — Applicable Indigenous principles

The present Act shall be implemented consistently with the principles recognized in Articles 3, 4, 5, 18, 19, 20, 25, 26, 27, 29, 31, 32 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

These principles include Indigenous self-determination, institutional autonomy, participation in decision-making, maintenance of Indigenous institutions, territorial relationships, control of cultural heritage, environmental protection and determination of development priorities.

TITLE II — OFFICIAL HISTORICAL FINDINGS

Article 5 — Anterior Indigenous occupation

The State officially records that the territory presently comprising Limonade, En Bas Saline, Caracol and the adjoining coastal zone formed part of an organized Indigenous political, demographic, agricultural and maritime system before the establishment of Spanish authority.

The territory contained permanent settlements, cultivated spaces, structures of political authority, ceremonial sites, maritime access points, intercommunity routes and economic relations extending across the northern littoral and the Caribbean Sea.

The territory was not vacant and did not acquire political or historical existence through Spanish occupation.

Article 6 — En Bas Saline

En Bas Saline is classified as a major Indigenous archaeological site associated with a substantial Taíno settlement occupied before and after 1492.

The archaeological record establishes the existence of organized residential, political, productive and ceremonial activity at the site.

Historical and archaeological research identifies En Bas Saline as the principal candidate for the settlement associated with Cacique Guacanagarí and for the location of La Navidad.

This classification recognizes En Bas Saline primarily as an Indigenous political and demographic centre. Its importance shall not be reduced to its association with the arrival of Europeans.

Article 7 — La Navidad

La Navidad was established in December 1492 following the wreck of the Santa María. It constituted the first fixed Spanish installation created during the Columbian occupation of the Americas.

La Navidad was constructed within an existing Indigenous jurisdiction and depended upon access to Indigenous territory, resources and political accommodation.

It did not create an original title over the territory and did not supersede the prior existence of Indigenous political authority.

The archaeological evidence associated with En Bas Saline, including European materials and a burned structure dating from the contact period, shall remain subject to continued scientific investigation and institutional protection.

Article 8 — Puerto Real

Puerto Real was established in 1503 under Captain Rodrigo de Mexía following military operations against Taíno communities of the region.

Its establishment formed part of the colonizing program implemented under Governor Nicolás de Ovando for the consolidation of Spanish Crown authority in Hispaniola.

Puerto Real exercised municipal, commercial, ecclesiastical, mining, livestock, labour and maritime functions. Its organization included magistrates, notaries, clergy, merchants, artisans, landholding residents, shipmasters and other officers operating under Spanish authority.

Puerto Real is officially classified as a colonial administrative structure established upon a pre-existing Indigenous territorial system.

Article 9 — Forced labour and colonial extraction

The documentary record for Puerto Real establishes the institutional allocation of Indigenous labour to Spanish holders.

Records dating from 1514 identify approximately thirty-four Spanish holders exercising control over the labour of 504 Taíno persons.

Puerto Real also participated in mining, agriculture, livestock production, the exportation of hides, maritime trade and the introduction of enslaved Indigenous and African populations.

The site consequently constitutes material evidence of the early institutional organization of conquest, coerced labour, resource extraction, population displacement and colonial economic administration in the Americas.

Article 10 — Abandonment of Puerto Real

Puerto Real remained in existence until its compulsory abandonment in 1578–1579 pursuant to Spanish Crown measures directed against unauthorized maritime commerce.

The termination of the colonial town did not extinguish:

the anterior Indigenous character of the territory;

the archaeological status of the site;

the historical rights and interests of Indigenous communities;

the patrimonial connection between the inland and maritime zones; or

the continuing obligation to preserve the material record of the territory.

TITLE III — TERRITORIAL AND ARCHAEOLOGICAL CLASSIFICATION

Article 11 — Unified historical landscape

Limonade, Puerto Real, En Bas Saline, Caracol and the adjoining coast shall be treated as components of a unified historical, archaeological, cultural and maritime landscape.

This classification is based upon:

geographical continuity;

documented pre-contact Indigenous occupation;

the political territory associated with Guacanagarí;

the archaeological record of En Bas Saline;

the historical establishment of La Navidad;

the proximity of Puerto Real;

the continuation of Indigenous occupation during the early colonial period;

the integration of the territory into regional maritime networks; and

the material presence of Indigenous, African and European populations.

Article 12 — Official designation

The territory is entered into the General Archives of the State under the designation:

NORTHERN INDIGENOUS COASTAL AND MARITIME HERITAGE DISTRICT — GUACANAGARÍ TERRITORIAL COMPLEX — EN BAS SALINE, LA NAVIDAD AND PUERTO REAL ARCHAEOLOGICAL LANDSCAPE.

This designation constitutes a historical and patrimonial classification. It does not establish direct territorial administration.

Article 13 — Integrity of the historical landscape

Municipal, departmental, cadastral or other administrative boundaries shall not determine the archaeological or historical limits of the protected landscape.

The territorial scope of research and protection may include all sites, routes, coastal formations, maritime areas and documentary records materially connected with the Indigenous and colonial history of the corridor.

Article 14 — Non-extinguishment

Military conquest, colonial municipal incorporation, compulsory labour, demographic collapse, enslavement, displacement, ecclesiastical administration and subsequent republican divisions did not extinguish the anterior Indigenous character of the territory.

The replacement of Indigenous institutions by colonial structures constituted an imposed change of authority. It did not convert the territory into historically vacant land.

Modern administrative boundaries shall have no retroactive effect upon the State’s historical and patrimonial classification.

TITLE IV — AUTONOMOUS INDIGENOUS COMMUNITIES

Article 15 — Recognition of community autonomy

The State recognizes the right of Indigenous communities of the northern littoral and maritime zone to maintain autonomous political, social, cultural, spiritual, economic and environmental institutions.

Community autonomy includes authority over:

internal organization;

community representation;

cultural practices;

traditional knowledge;

heritage transmission;

local economic priorities;

customary use of coastal and maritime resources;

community participation in archaeological and tourism projects; and

the designation of representatives for relations with Xaragua and external institutions.

Article 16 — Non-subordination

Autonomous Indigenous communities protected by the present Act are not administrative subdivisions of Xaragua.

Their recognition does not create municipal dependency, bureaucratic subordination or compulsory political incorporation.

Relations between Xaragua and the communities shall be conducted through agreements, consultations, institutional partnerships, cultural protocols and development conventions.

Article 17 — Community representation

Each participating community may designate its own council, assembly, authority, association, cooperative, customary representative or other competent body.

Xaragua shall recognize the representatives designated by the communities according to their internal procedures.

No external institution may appoint Indigenous representatives on behalf of a community without the recorded authorization of that community.

Article 18 — Consultation and consent

No project supported, financed, promoted or institutionally recognized by Xaragua may affect an Indigenous site, coastal resource, sacred place, burial ground, community territory or maritime heritage area without prior consultation with the affected community.

Projects involving substantial excavation, permanent occupation, removal of artifacts, alteration of sacred places or long-term exploitation of community resources shall require a formal community agreement.

Article 19 — Community benefit requirement

Any archaeological, tourism, cultural, commercial or investment project operating under Xaragua’s authority or sponsorship shall provide measurable benefits to the affected communities.

Benefits may include:

employment;

vocational training;

revenue participation;

cooperative ownership;

infrastructure;

preservation funding;

educational programs;

museum participation;

preferential access to commercial concessions; and

participation in project governance.

TITLE V — INALIENABLE INDIGENOUS MARITIME PATRIMONY

Article 20 — Maritime heritage

The sea adjoining the northern littoral is recognized as an integral component of the ancestral Indigenous territorial system.

The maritime patrimony includes:

territorial waters historically used by Indigenous communities;

bays and coastal inlets;

reefs and banks;

estuaries;

mangroves and wetlands;

beaches and landing areas;

fishing grounds;

navigation corridors;

submerged archaeological sites;

shipwrecks connected with the historical record;

marine species traditionally used by the communities; and

cultural knowledge relating to navigation, fishing, weather, currents and coastal ecology.

Article 21 — Inalienability

The ancestral Indigenous maritime patrimony is inalienable as a collective historical and cultural interest.

No sale, concession, permit, lease, investment agreement or administrative authorization may permanently extinguish:

Indigenous access to the sea;

customary navigation;

community fishing rights;

access to traditional landing areas;

protection of maritime archaeological sites;

community participation in coastal development; or

the intergenerational transmission of maritime knowledge.

Article 22 — Collective character

The maritime patrimony shall not be reduced to a commodity, privately appropriated in its entirety or severed from the communities whose historical existence depends upon it.

Specific economic uses may be authorized through community agreements. Such authorization shall not constitute alienation of the underlying collective patrimony.

Article 23 — Protection against exclusion

Xaragua shall oppose, through institutional, documentary, academic and cooperative means, any project that would:

exclude Indigenous communities from traditional coastal access;

destroy fishing grounds;

privatize community landing areas;

damage archaeological resources;

remove communities without agreement;

suppress customary economic activities;

monopolize tourism revenues; or

permanently impair the ecological functions of the coastline.

Article 24 — Submerged cultural heritage

Submerged structures, artifacts, vessels, anchors, cargo, human remains and archaeological deposits connected with the history of the northern littoral shall form part of the protected maritime heritage.

Their investigation, recovery, conservation, exhibition or commercial use shall require scientific supervision, full documentation and an agreement protecting the interests of the affected Indigenous communities.

TITLE VI — PROTECTION OF ARCHAEOLOGICAL AND HISTORICAL SITES

Article 25 — Protected sites

The protection framework established by the present Act applies to:

En Bas Saline;

the identified site of Puerto Real;

locations associated with La Navidad;

Indigenous settlements and ceremonial sites;

burial grounds;

colonial structures;

ports and landing areas;

historical agricultural zones;

underwater archaeological sites;

artifact concentrations;

historical roads and maritime routes; and

associated landscapes necessary for the interpretation of the sites.

Article 26 — Prohibited activities

The following activities are prohibited within projects operating under Xaragua’s jurisdiction or institutional sponsorship:

unauthorized excavation;

removal of artifacts without documentation;

exportation of protected cultural property without authorization;

commercial sale of unlawfully obtained artifacts;

destruction of archaeological deposits;

construction causing avoidable damage to protected sites;

falsification of provenance;

concealment of discoveries;

unauthorized disturbance of human remains; and

use of archaeological heritage in a manner excluding the affected communities.

Article 27 — Archaeological authorization

Archaeological operations recognized by Xaragua shall require:

a written research plan;

identification of the responsible institution;

scientific qualifications;

community consultation;

conservation arrangements;

artifact custody provisions;

publication and archival requirements;

site-restoration measures;

financial guarantees; and

a community-benefit protocol.

Article 28 — Custody of artifacts

Artifacts recovered under a project sponsored or authorized by Xaragua shall be inventoried and preserved as components of the territorial patrimony.

Priority shall be given to conservation and exhibition within the region of origin through community museums, interpretation centres, universities or recognized public collections.

Permanent removal from the territory shall not be authorized except for indispensable scientific treatment under a documented temporary custody agreement.

Article 29 — Human remains and funerary sites

Indigenous human remains and funerary objects shall receive protected status.

Their study, handling, storage, exhibition and reburial shall be governed by scientific requirements, community consultation and respect for the applicable Indigenous protocol.

No commercial right may be established over Indigenous human remains.

Article 30 — General Archives of the State

The General Archives of the State shall maintain a permanent documentary registry containing:

historical maps;

archaeological reports;

excavation records;

colonial records;

photographic documentation;

oral histories;

artifact inventories;

community declarations;

maritime records;

investment and restoration agreements; and

records of threatened or damaged sites.

TITLE VII — UNIVERSITY, RESEARCH AND TECHNICAL COOPERATION

Article 31 — University of Xaragua

The University of Xaragua shall serve as the principal academic and technical institution of the State for the implementation of the present Act.

Its functions shall include:

historical research;

archaeological coordination;

archival classification;

heritage law;

maritime history;

Indigenous territorial studies;

conservation science;

museum development;

professional training;

publication of official studies; and

technical support to autonomous communities.

Article 32 — Research partnerships

The University may conclude agreements with universities, museums, archaeological institutes, archives, conservation laboratories and Indigenous research organizations.

All partnerships shall include provisions governing:

ownership of research data;

community participation;

custody of artifacts;

publication rights;

financial transparency;

Indigenous intellectual property;

access to results;

conservation obligations; and

prohibition of unauthorized commercialization.

Article 33 — Indigenous knowledge

Oral history, navigation knowledge, ecological knowledge, community genealogies, traditional place names, fishing knowledge and cultural practices shall be recognized as protected Indigenous knowledge.

Their documentation or commercial use shall require the authorization of the persons or communities possessing that knowledge.

Article 34 — Training

Projects established under the present Act shall prioritize the training of community members in:

archaeology;

conservation;

museum administration;

historical documentation;

maritime heritage;

tourism management;

hospitality;

cultural interpretation;

environmental monitoring;

cooperative management; and

small-enterprise administration.

TITLE VIII — RESTORATION AND CULTURAL INFRASTRUCTURE

Article 35 — Restoration program

A Northern Indigenous Heritage Restoration Program is hereby established.

The program may finance or coordinate:

stabilization of archaeological sites;

protection against erosion and flooding;

conservation of artifacts;

reconstruction of historically documented structures for educational interpretation;

restoration of colonial remains;

preservation of Indigenous settlement areas;

development of museums;

establishment of archives;

community cultural centres;

interpretive signage;

maritime heritage facilities; and

digital reconstruction and documentation.

Article 36 — Restoration standards

Restoration shall be based upon documented evidence, professional conservation standards and clear differentiation between original material, conserved material and modern reconstruction.

No reconstruction may be presented as an original structure without documentary identification.

Article 37 — Community cultural institutions

Xaragua may assist autonomous communities in establishing:

local museums;

cultural houses;

archives;

training centres;

craft cooperatives;

maritime interpretation centres;

historical tourism offices;

archaeological field schools; and

community-controlled digital repositories.

These institutions shall remain under the ownership or agreed control of the participating communities or designated nonprofit bodies.

TITLE IX — TOURISM AND CULTURAL ECONOMY

Article 38 — Indigenous heritage tourism

The State establishes an Indigenous Heritage Tourism Framework for the northern littoral.

The framework shall integrate:

archaeological tourism;

museum tourism;

historical routes;

maritime routes;

cultural festivals;

Indigenous food and craft production;

community hospitality;

academic tourism;

educational travel;

ecological tourism; and

controlled access to protected sites.

Article 39 — Community-controlled tourism

Tourism development shall be structured to prevent the economic marginalization of local communities.

Participating communities shall receive priority in:

guide services;

transportation services;

accommodation;

food services;

cultural interpretation;

craft production;

concession allocation;

site maintenance;

event organization; and

management of visitor facilities.

Article 40 — Tourism concessions

Tourism concessions recognized by Xaragua shall be issued only through written agreements specifying:

the duration of the concession;

the authorized activity;

community participation;

revenue distribution;

employment requirements;

environmental standards;

archaeological restrictions;

restoration obligations;

reporting requirements; and

termination for non-compliance.

No concession shall transfer ownership of the ancestral patrimony.

Article 41 — Official historical presentation

Tourism and museum materials produced under the authority of Xaragua shall identify:

the anterior Indigenous occupation;

the political authority of Guacanagarí;

the Indigenous status of En Bas Saline;

the colonial character of La Navidad and Puerto Real;

the use of forced Indigenous labour;

the presence of enslaved African populations;

the maritime importance of the northern littoral; and

the continuing interests of autonomous Indigenous communities.

Puerto Real shall not be presented as the origin of organized life in the territory.

TITLE X — INVESTMENT AND ECONOMIC INTERESTS

Article 42 — Indigenous economic-interest jurisdiction

Xaragua declares a permanent economic-interest jurisdiction concerning investments that directly affect the Indigenous heritage, communities, archaeological resources and maritime patrimony of the northern littoral.

This jurisdiction shall be exercised through representation, negotiation, certification, investment, partnership, community agreements and institutional oversight.

It shall not constitute direct administration of the local economy.

Article 43 — Authorized investment sectors

Xaragua and its authorized institutions may participate in or facilitate investment in:

archaeological conservation;

museums and archives;

cultural centres;

community tourism;

heritage accommodation;

maritime transportation;

artisanal fisheries;

fish processing;

coastal agriculture;

traditional crafts;

cultural industries;

publishing and audiovisual production;

environmental restoration;

vocational training;

research infrastructure;

renewable energy serving heritage facilities;

water and sanitation systems serving participating communities; and

digital heritage platforms.

Article 44 — Investment conditions

Every investment agreement concluded under the present Act shall contain:

identification of the participating communities;

disclosure of beneficial ownership;

defined financial commitments;

community-benefit obligations;

local employment provisions;

heritage-protection standards;

environmental requirements;

revenue-sharing provisions where applicable;

audit and reporting requirements;

dispute-resolution procedures;

termination provisions; and

restoration or rehabilitation obligations.

Article 45 — Prohibited investment structures

Xaragua shall not approve or sponsor an investment structure that:

alienates the ancestral maritime patrimony;

permanently excludes communities from the coast;

authorizes uncontrolled artifact removal;

transfers collective heritage into unrestricted private ownership;

conceals beneficial ownership;

eliminates community participation;

destroys protected archaeological sites;

imposes uncompensated displacement;

monopolizes community cultural expressions; or

substitutes private control for Indigenous institutional participation.

Article 46 — Community enterprises

Priority shall be accorded to:

Indigenous-owned enterprises;

community cooperatives;

family enterprises;

fishermen’s associations;

craft associations;

cultural organizations;

nonprofit heritage institutions;

community-controlled tourism operators; and

joint ventures providing effective Indigenous participation.

Article 47 — Heritage Development Fund

A Northern Indigenous Heritage and Maritime Development Fund may be established by separate rectoral instrument.

The Fund may receive:

State appropriations;

private investment;

philanthropic contributions;

university grants;

museum partnerships;

tourism revenues;

concession payments;

research funding;

voluntary community contributions; and

international cultural and environmental financing.

Fund resources shall be allocated to site protection, community infrastructure, research, restoration, tourism development, training and maritime environmental protection.

TITLE XI — ENVIRONMENTAL AND MARITIME PROTECTION

Article 48 — Ecological integrity

The historical and cultural protection of the northern littoral includes the protection of its ecological systems.

Mangroves, reefs, seagrass beds, wetlands, estuaries, beaches and coastal fisheries shall be treated as components of the material basis of Indigenous maritime life.

Article 49 — Environmental assessment

Any major project sponsored by Xaragua within the protected landscape shall be subject to an assessment addressing:

archaeological impact;

community access;

coastal erosion;

water quality;

marine habitats;

fisheries;

waste management;

construction impacts;

climate and storm exposure; and

long-term rehabilitation obligations.

Article 50 — Traditional fisheries

The State recognizes artisanal and traditional fisheries as protected components of the Indigenous maritime economy.

Development programs may support:

fishing cooperatives;

vessel repair;

cold-storage capacity;

fish processing;

safety equipment;

navigation training;

sustainable fishing practices;

direct market access; and

community monitoring of marine resources.

Industrial or exclusive commercial operations shall not receive support where they would materially impair community fisheries or traditional access.

TITLE XII — INSTITUTIONAL COMPETENCES

Article 51 — Office of the Rector-President

The Office of the Rector-President shall:

promulgate implementing instruments;

approve major institutional agreements;

authorize official representation;

recognize community agreements;

establish funding mechanisms;

approve international cooperation; and

issue final State classifications under the present Act.

Article 52 — Supreme Council for Indigenous Rights and Historical Territories

The Supreme Council shall:

maintain relations with autonomous communities;

review projects affecting Indigenous interests;

receive community petitions;

supervise consultation procedures;

review benefit-sharing arrangements;

identify threatened sites;

recommend protective measures; and

prepare annual implementation reports.

Article 53 — General Archives of the State

The General Archives shall:

maintain the official territorial registry;

preserve documentary evidence;

authenticate State historical instruments;

receive archaeological reports;

maintain artifact and site inventories;

preserve community declarations; and

issue certified archival records.

Article 54 — University of Xaragua

The University shall:

direct academic research;

establish technical standards;

train community personnel;

conduct or supervise archaeological work;

prepare conservation plans;

publish historical studies;

maintain academic partnerships; and

provide technical evaluation of investment and restoration projects.

Article 55 — No local executive authority

None of the institutions designated by the present Act shall exercise ordinary municipal executive authority over the northern littoral.

Their competence is limited to the functions expressly established by the present Act and by voluntary agreements concluded with autonomous communities, property holders, academic institutions, investors or competent public bodies.

TITLE XIII — EXTERNAL COOPERATION

Article 56 — Cooperation agreements

Xaragua may conclude cooperation agreements concerning:

archaeology;

heritage conservation;

museum administration;

Indigenous rights;

maritime protection;

tourism;

investment;

vocational training;

environmental restoration; and

cultural exchange.

Such agreements may be concluded with autonomous communities, universities, museums, foundations, investors, municipalities, public institutions and international organizations.

Article 57 — Non-representation clause

No agreement concluded under the present Act shall authorize Xaragua to represent a community without that community’s written authorization.

No community shall be presumed to have transferred its internal political authority, property or decision-making power to Xaragua.

Article 58 — Recognition of institutional acts

Xaragua may issue certificates, heritage classifications, academic reports, investment approvals, partnership instruments and cultural designations concerning projects conducted under its authority.

Such instruments shall specify their legal scope and shall not be interpreted as ordinary municipal permits unless expressly recognized by the competent local authority.

TITLE XIV — PROTECTION OF INDIGENOUS INTELLECTUAL AND CULTURAL PROPERTY

Article 59 — Protected cultural property

The following shall constitute protected Indigenous cultural property:

oral histories;

traditional place names;

ceremonial practices;

community symbols;

artistic designs;

maritime knowledge;

ecological knowledge;

traditional techniques;

recorded testimonies;

archaeological information; and

community-controlled historical narratives.

Article 60 — Commercial use

Commercial use of protected Indigenous cultural property shall require authorization from the relevant holders or communities.

Authorization may establish:

licensing conditions;

attribution requirements;

financial compensation;

community ownership;

duration;

territorial scope;

restrictions on reproduction; and

termination rights.

Article 61 — State support

Xaragua may provide registration, archival, contractual, academic and institutional support for the protection of Indigenous cultural property.

Such support shall not transfer ownership of community knowledge to the State.

TITLE XV — OFFICIAL DETERMINATIONS

Article 62 — Historical determination

The State determines that:

the northern littoral possessed an organized Indigenous territorial system before 1492;

En Bas Saline constituted a significant Taíno settlement;

the site is the principal archaeological candidate for the settlement of Guacanagarí and La Navidad;

La Navidad was established within an existing Indigenous jurisdiction;

Puerto Real was established in 1503 as an instrument of Spanish colonial administration;

Puerto Real participated in forced labour, resource extraction, livestock production, mining and maritime commerce;

colonial occupation did not extinguish the anterior Indigenous character of the territory; and

the archaeological record must be interpreted within the complete Indigenous, African and colonial history of the region.

Article 63 — Territorial determination

The Limonade–Puerto Real–En Bas Saline–Caracol corridor constitutes an ancestral Indigenous historical continuum and a protected archaeological landscape within the constitutional doctrine of Xaragua.

This determination establishes historical and patrimonial status. It does not establish direct territorial administration.

Article 64 — Community determination

Indigenous communities of the northern coast and maritime zone possess autonomous collective interests in:

historical representation;

cultural preservation;

coastal access;

maritime resources;

archaeological heritage;

economic development;

tourism revenues;

cultural industries;

environmental protection; and

participation in decisions affecting their territories and heritage.

Article 65 — Maritime determination

The northern sea, coast and associated ecosystems constitute an ancestral Indigenous maritime patrimony.

This patrimony is collective, intergenerational and inalienable. Its economic use may be regulated by agreement, but its underlying Indigenous historical and cultural character shall not be extinguished, sold or permanently transferred.

Article 66 — Economic determination

The protection of Indigenous heritage includes the protection and development of Indigenous economic interests.

Archaeology, conservation, tourism, fisheries, cultural production, maritime activity and investment shall be organized to secure durable community participation, institutional capacity and measurable economic returns.

TITLE XVI — FINAL PROVISIONS

Article 67 — Permanent classification

The following designation is permanently entered into the General Archives of the State:

ANCESTRAL INDIGENOUS TERRITORY OF THE NORTHERN LITTORAL — AUTONOMOUS COASTAL AND MARITIME COMMUNITIES — GUACANAGARÍ HISTORICAL COMPLEX — EN BAS SALINE, LA NAVIDAD, PUERTO REAL AND CARACOL PROTECTED ARCHAEOLOGICAL LANDSCAPE — INALIENABLE INDIGENOUS MARITIME PATRIMONY.

Article 68 — Rules of interpretation

The present Act shall be interpreted according to the following rules:

Indigenous occupation is historically anterior to Spanish jurisdiction;

colonial institutions shall not be treated as the origin of the territory;

heritage protection shall not be converted into direct administration;

community autonomy shall be preserved;

consultation shall precede material intervention;

maritime patrimony shall remain inalienable;

investment shall produce community benefits;

archaeological objects shall remain connected to their territory of origin;

economic development shall remain compatible with heritage protection; and

institutional cooperation shall not extinguish community authority.

Article 69 — Implementing instruments

The Rector-President may promulgate separate regulations concerning:

archaeological licensing;

community consultation;

investment certification;

tourism concessions;

maritime heritage;

museum standards;

artifact custody;

restoration funding;

university partnerships; and

the Northern Indigenous Heritage and Maritime Development Fund.

Article 70 — Entry into force

The present Act enters into force upon promulgation under the authority and seal of the Rector-President.

It shall be deposited in the General Archives of the State, published through the official institutional organs of Xaragua and transmitted to the autonomous communities, universities, museums, cultural institutions, investors and cooperating authorities concerned.

AUTHORITATIVE REFERENCES

Kathleen Deagan, ed., Puerto Real: The Archaeology of a Sixteenth-Century Spanish Town in Hispaniola, University Press of Florida, Gainesville, 1995.

Kathleen Deagan, En Bas Saline: A Taíno Town before and after Columbus, University Press of Florida, Gainesville, 2023.

Samuel M. Wilson, Hispaniola: Caribbean Chiefdoms in the Age of Columbus, University of Alabama Press, Tuscaloosa, 1990.

Irving Rouse, The Tainos: Rise and Decline of the People Who Greeted Columbus, Yale University Press, New Haven, 1992.

Carl Ortwin Sauer, The Early Spanish Main, University of California Press, Berkeley, 1966.

Bartolomé de las Casas, Historia de las Indias.

Gonzalo Fernández de Oviedo y Valdés, Historia general y natural de las Indias, islas y tierra firme del mar océano.

Christopher Columbus, Journal of the First Voyage, 1492–1493.

Bonnie G. McEwan, “Domestic Adaptation at Puerto Real, Haiti,” Historical Archaeology, vol. 20, no. 1, 1986, pp. 44–49.

Elizabeth J. Reitz, “The Spanish Colonial Experience and Domestic Animals,” Historical Archaeology, vol. 26, no. 1, 1992, pp. 84–91.

United Nations General Assembly, United Nations Declaration on the Rights of Indigenous Peoples, Resolution 61/295, 13 September 2007, Articles 3–5, 18–20, 25–27 and 29–32.

UNESCO, Convention Concerning the Protection of the World Cultural and Natural Heritage, Paris, 16 November 1972.

UNESCO, Convention on the Protection of the Underwater Cultural Heritage, Paris, 2 November 2001.

UNESCO, Convention for the Safeguarding of the Intangible Cultural Heritage, Paris, 17 October 2003.

Abaka


SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

GENERAL ARCHIVES OF THE STATE

UNIVERSITY OF XARAGUA

SUPREME COUNCIL FOR INDIGENOUS RIGHTS AND HISTORICAL TERRITORIES

XARABANK

NATIONAL AUTHORITY FOR ORGANIC TERRITORIAL DEVELOPMENT

SUPREME ORGANIC CONSTITUTIONAL LAW

ON THE INSTITUTIONAL INCORPORATION AND XARAGUAYEN REFOUNDATION OF THE ÎLE-À-VACHE TOURISM DEVELOPMENT FRAMEWORK, THE ESTABLISHMENT OF THE ANACAONA–ABAKA ORGANIC INSULAR STEWARDSHIP TERRITORY, THE PERMANENT AUTHORITY OF THE AUTONOMOUS INDIGENOUS COMMUNITIES AND CUSTOMARY INDIGENOUS INHABITANTS, AND THE EQUITABLE DISTRIBUTION OF TERRITORIAL REVENUES

Official Reference: SCIPS-X/ORP/AOST-IAV/2026

Legal Classification: Supreme Organic Constitutional Law — Indigenous Territorial Development Act — Environmental Stewardship Code — Community Economic Participation Law — Institutional Incorporation Instrument

Territorial Classification: Protected Indigenous Insular Territory

Official Xaraguayen Name: Anacaona–Abaka Organic Insular Stewardship Territory

Historical Geographic Designation: Île-à-Vache

Constitutional Authority: Office of the Rector-President

Territorial Authority: Supreme Council for Indigenous Rights and Historical Territories

Scientific Authority: University of Xaragua

Financial Authority: XaraBank

Executive Authority: Anacaona–Abaka Organic Development Authority

Beneficial Authority: Autonomous Indigenous Communities and Customary Indigenous Inhabitants

Duration: Permanent

PREAMBLE

In exercise of the inherent, constitutional, customary, territorial, environmental, economic, and institutional authority of the Indigenous People of Xaragua;

Pursuant to the right of Indigenous peoples to self-determination and to the autonomous exercise of their political, juridical, economic, social, cultural, educational, territorial, and developmental institutions;

Pursuant to Articles 3, 4, 5, 18, 19, 20, 20, 23, 25, 26, 27, 29, 31, 32, 33, 34, 37, 39, and 40 of the United Nationsilho Declaration on the Rights of Indigenous Peoples;

Pursuant to the right of the Indigenous People of Xaragua to determine and administer priorities and strategies for the development and use of its territories, lands, waters, coasts, islands, natural resources, cultural patrimony, and economic institutions;

Considering that the territory historically designated as Île-à-Vache forms an integral component of the ancestral, maritime, environmental, and insular territory of Xaragua;

Considering that the Haitian presidential Order of 10 May 2013, published in Le Moniteur, 168th Year, Special No. 8, classified the entire territory of the Commune of Île-à-Vache and the maritime area comprised within its limits as a reserved zone and tourism development zone;

Considering that said administrative classification established a territorial framework capable of supporting coordinated planning of the entire island and its maritime dependencies;

Considering that the protection and organic development of an ancestral Xaraguayen island cannot remain suspended because of the non-implementation, interruption, incapacity, institutional discontinuity, or administrative inaction of an external or residual authority;

Considering that the principles of subsidiarity, necessity, institutional continuity, territorial protection, effective administration, preservation of essential interests, community survival, prevention of environmental deterioration, and protection against administrative vacuum require the competent Indigenous institutions of Xaragua to exercise the functions indispensable to the territory;

Considering that subsidiarity requires public functions to be exercised by the institution closest to the affected communities and most capable of respecting their identity, autonomy, knowledge, participation, and material interests;

Considering that necessity authorizes the establishment of institutional measures indispensable to the preservation of the population, territory, environment, economy, infrastructure, and collective rights where delay would produce abandonment, deterioration, dispossession, or irreversible loss;

Considering that the autonomous Indigenous communities and customary Indigenous inhabitants of the island are not administrative objects, labor reserves, obstacles to investment, or populations subject to removal, but the permanent territorial constituents and principal beneficial authorities of the island;

Considering that mass tourism, uncontrolled real-estate development, speculative acquisition, imported resort urbanism, territorial enclosure, privatization of beaches, destruction of mangroves, displacement of inhabitants, artificial transformation of the coastline, and external extraction of profits are incompatible with the constitutional order of Xaragua;

Considering that organic development must proceed according to the ecological capacity, customary organization, Indigenous character, community economy, demographic scale, and material requirements of the island;

Considering that development revenues must be distributed directly to the territorial population through monetary dividends, public services, community infrastructure, employment, ownership, credit, education, health, water, energy, transportation, and permanent productive capacity;

The Supreme Constitutional Authority hereby promulgates the present Law.

BOOK I — INCORPORATION AND TRANSFORMATION OF THE 2013 FRAMEWORK

TITLE I — INSTITUTIONAL INCORPORATION

Article 1 — Incorporation by Subsidiarity

The territorial classification established by the Order of 10 May 2013 concerning Île-à-Vache is hereby incorporated into the constitutional and institutional order of Xaragua pursuant to the principle of subsidiarity.

The incorporated framework shall operate through Xaraguayen institutions and according to Xaraguayen constitutional, customary, territorial, environmental, economic, and community law.

Article 2 — Incorporation by Necessity

The incorporation is additionally founded upon the necessity of:

preventing territorial abandonment;

protecting the island’s inhabitants;

preserving the marine and terrestrial ecosystem;

maintaining community access to land and sea;

preventing speculative acquisition;

establishing essential infrastructure;

restoring productive economic activity;

protecting the island from externally imposed mass development;

ensuring permanent institutional continuity.

Article 3 — Institutional Continuity

The interruption, suspension, abandonment, modification, or non-implementation of the former administrative project shall not terminate the territorial classification or the development interests attached to the island.

Xaragua assumes, reorganizes, and exercises the functions necessary to give permanent institutional effect to the protected and developmental status of the territory.

Article 4 — Nature of Incorporation

The incorporation established by this Law constitutes an autonomous Xaraguayen legislative act.

Its force derives from:

the constitutional authority of Xaragua;

the ancestral character of the territory;

the customary rights of its inhabitants;

Indigenous self-determination;

territorial necessity;

institutional subsidiarity;

the permanent duty of environmental protection;

the consent of the communities organized under this Law.

Article 5 — Institutional Independence

No authorization, delegation, recognition, financing, confirmation, ratification, implementation, or administrative participation of the Republic of Haiti shall constitute a condition for the validity, continuity, administration, or execution of the present Law within the order of Xaragua.

Cooperation with Haitian administrative institutions may be organized for technical, logistical, cadastral, transportation, environmental, public-health, or infrastructure purposes.

Such cooperation shall not suspend, subordinate, transfer, or extinguish the authority established by this Law.

Article 6 — Repeal of the Former Development Model

The former classification as a conventional tourism development zone is abolished within the constitutional order of Xaragua.

It is replaced by the legal status established under the present Law.

No imported model of mass tourism, unrestricted resort construction, externally controlled enclave development, or speculative real-estate occupation shall be authorized.

TITLE II — OFFICIAL NAME AND CLASSIFICATION

Article 7 — Official Xaraguayen Name

The territory historically and administratively designated as Île-à-Vache is officially classified under the name:

ANACAONA–ABAKA ORGANIC INSULAR STEWARDSHIP TERRITORY

The official abbreviated designation shall be:

ANACAONA–ABAKA TERRITORY

Article 8 — Meaning of the Name

The name Anacaona incorporates the island into the institutional and territorial memory of the Indigenous government of Xaragua.

The name Abaka preserves a principal insular coastal designation and establishes a direct territorial identity drawn from the island itself.

The term Organic Insular Stewardship establishes that development must arise from the island’s communities, resources, ecological capacity, cultural identity, and internal economic organization.

Article 9 — Territorial Classification

The entire terrestrial territory of the island, its surrounding islets, reefs, mangroves, lagoons, beaches, bays, traditional fishing zones, seabed interests, anchorages, maritime approaches, and waters under Xaraguayen jurisdiction are classified as a:

PROTECTED INDIGENOUS ORGANIC DEVELOPMENT AND ECOLOGICAL STEWARDSHIP TERRITORY

Article 10 — Indivisibility

The Territory shall be planned and protected as one indivisible terrestrial and maritime ecological system.

No authority may separate the beaches from the communities, the sea from the fishermen, the mangroves from the coastal settlements, the tourism economy from local ownership, or development revenues from the territorial population.

BOOK II — CONSTITUTIONAL PRINCIPLES OF DEVELOPMENT

TITLE III — ORGANIC DEVELOPMENT

Article 11 — Definition

Organic development means development generated from the territory’s own population, institutions, productive activities, architecture, culture, ecology, resources, knowledge, and scale.

It shall strengthen existing communities before creating external facilities.

Article 12 — Primary Objectives

The Territory shall be developed for the following purposes:

permanent improvement of community living conditions;

protection of land and maritime rights;

access to water, energy, sanitation, health, education, and transportation;

local ownership of productive enterprises;

controlled ecological tourism;

strengthening of fishing and agriculture;

protection of the ecosystem;

preservation of historical and cultural sites;

development of maritime infrastructure;

creation of intergenerational territorial wealth.

Article 13 — Development From Within

All development programs shall begin with an inventory of:

the needs of the inhabitants;

customary land occupation;

community institutions;

traditional fishing routes;

agricultural production;

water resources;

local skills;

existing enterprises;

historical sites;

ecological carrying capacity.

External investment shall be admitted only after the internal territorial economy has been identified and protected.

Article 14 — Subsidiary Administration

Decisions shall be exercised at the lowest institutionally competent level.

Community matters shall be decided by the concerned communities.

Intercommunity matters shall be decided by the Insular Council.

Territory-wide infrastructure shall be administered by the Anacaona–Abaka Organic Development Authority with the participation of the Insular Council.

Supreme constitutional and territorial matters remain under the authority of the Rector-President.

TITLE IV — EXCLUSION OF MASS TOURISM

Article 15 — Prohibition

Mass tourism is prohibited throughout the Anacaona–Abaka Territory.

Article 16 — Prohibited Development Forms

The following are prohibited:

high-density resort complexes;

unrestricted cruise-ship tourism;

privatized beaches;

gated tourism enclaves;

construction exceeding ecological capacity;

displacement of inhabitants for hotels;

imported urban models incompatible with the island;

speculative subdivision of land;

artificial destruction or filling of mangroves;

permanent exclusion of inhabitants from coastal areas;

golf courses requiring excessive land or freshwater;

buildings obstructing customary access to the sea;

tourism facilities operating independently of community participation;

extraction of profits without territorial distribution.

Article 17 — Authorized Tourism

Tourism may be authorized only where it is:

small-scale;

community-owned or community-partnered;

ecologically limited;

architecturally compatible with the territory;

integrated with agriculture and fishing;

based upon local employment;

respectful of customary occupation;

connected to cultural, historical, scientific, religious, or environmental purposes.

Article 18 — Annual Capacity

The Anacaona–Abaka Organic Development Authority shall establish annual and seasonal limits governing:

visitor numbers;

accommodation capacity;

vessel arrivals;

freshwater consumption;

waste production;

construction density;

pressure upon reefs and beaches;

access to protected sites.

No commercial interest shall override the ecological capacity established for the Territory.

BOOK III — COMMUNITIES, INHABITANTS, AND TERRITORIAL CONSENT

TITLE V — CONSTITUENT COMMUNITIES

Article 19 — Beneficial Authority

The autonomous Indigenous communities and customary Indigenous inhabitants of the Territory are recognized as its principal beneficial authorities.

The Territory shall be developed for their permanent benefit and with their participation.

Article 20 — Customary Indigenous Inhabitant

For the purposes of this Law, a customary Indigenous inhabitant is a person or family possessing a continuing relationship with the Territory through:

birth;

ancestry;

permanent residence;

customary land occupation;

fishing;

agriculture;

family transmission;

community recognition;

historical participation in the life of the island.

Article 21 — Autonomous Indigenous Communities

The settlements, localities, customary communities, fishing communities, agricultural communities, religious communities, family territories, and organized inhabitants of the island may constitute autonomous Indigenous communities under the law of Xaragua.

Their internal organization shall be registered without being absorbed into the central administration.

Article 22 — Territorial Assent

The free, prior, formal, and documented assent of the directly affected communities shall constitute a condition sine qua non for:

major construction;

hotel concessions;

changes in land use;

occupation of customary land;

relocation of inhabitants;

restriction of fishing zones;

creation of protected areas affecting subsistence;

airport or port expansion;

transfer of public or community land;

modification of coastal access;

long-term external investment agreements.

Article 23 — Legal Effect of Refusal

Where the required community assent is refused, the proposed operation shall not proceed in the affected territory.

The Authority may submit a modified proposal addressing the grounds of refusal.

No declaration of administrative convenience shall replace community assent.

Article 24 — Permanent Representation

Every autonomous community shall designate representatives to the Insular Council.

Community representatives shall possess the right to:

receive institutional information;

inspect proposed agreements;

participate in planning;

vote upon territorial programs;

request audits;

suspend unauthorized local operations;

submit matters to the Supreme Council for Indigenous Rights and Historical Territories.

TITLE VI — PROTECTION OF LAND AND CUSTOMARY OCCUPATION

Article 25 — Recognition of Occupation

Customary occupation, ancestral possession, family use, productive use, community recognition, and uninterrupted residence shall be entered into the Territorial Land Registry.

The absence of a conventional cadastral title shall not extinguish a documented customary territorial interest.

Article 26 — Territorial Registry

The State shall establish the Anacaona–Abaka Indigenous and Customary Land Registry.

The Registry shall record:

family occupation;

community territory;

agricultural use;

fishing access;

paths and public passages;

sacred and historical sites;

water access;

collective land;

disputed territory;

conservation areas.

Article 27 — Prohibition of Dispossession

No inhabitant shall be removed from land solely because the land is included within the Organic Development Territory.

No tourism, environmental, port, airport, or infrastructure classification shall automatically extinguish customary occupation.

Article 28 — Relocation

Relocation may occur only where:

no technically feasible alternative exists;

the affected community assents;

replacement land is provided;

housing and productive capacity are restored;

compensation is paid before displacement;

community and family continuity are maintained;

access to fishing, agriculture, education, and services is preserved.

Article 29 — Prohibition of Speculation

The acquisition, accumulation, subdivision, or resale of land for speculative tourism purposes is prohibited.

Any transaction designed to circumvent community ownership, territorial restrictions, or development limits shall be void within the jurisdiction of Xaragua.

BOOK IV — TERRITORIAL DIVIDENDS AND COMMUNITY WEALTH

TITLE VII — RIGHT TO DEVELOPMENT REVENUES

Article 30 — Territorial Dividend

The communities and customary inhabitants possess a permanent right to a share of the net economic proceeds generated by the Territory.

This right shall be designated the:

ANACAONA–ABAKA INDIGENOUS TERRITORIAL DIVIDEND

Article 31 — Sources of the Dividend

The Dividend shall be funded by:

accommodation charges;

concession fees;

visitor permits;

maritime fees;

port revenues;

ecological access fees;

lease payments;

tourism enterprise profits;

environmental service payments;

infrastructure revenues;

investment participation;

commercial licenses;

penalties imposed under this Law.

Article 32 — Forms of Distribution

The Dividend may be distributed through:

direct monetary payments;

household water services;

household electricity;

health services;

school and university support;

transportation services;

housing improvements;

agricultural equipment;

fishing equipment;

community infrastructure;

local-business capital;

pensions and emergency assistance.

Article 33 — Monetary Distribution

A portion of the distributable surplus shall be paid directly in liquid form to registered customary Indigenous inhabitants.

Payments may be made in an authorized currency, through XaraBank accounts, community payment systems, or legally established local distribution mechanisms.

Article 34 — Service Dividend

The communities may allocate part of their Dividend to collective services.

The Service Dividend may finance:

potable water;

sanitation;

waste collection;

renewable energy;

clinics;

schools;

internet;

ferries;

roads;

emergency shelters;

community markets.

Article 35 — Community Determination

Each community shall determine the distribution between monetary dividends and service dividends through its recognized institutions.

The central Authority shall administer the distribution ordered by the communities and publish the corresponding accounts.

Article 36 — Minimum Territorial Allocation

No less than forty percent of the net distributable income generated by territorial concessions, tourism operations, and development activities shall be assigned directly to the Territorial Dividend and community investment mechanisms.

This allocation is a permanent territorial charge preceding external profit distribution.

TITLE VIII — COMMUNITY OWNERSHIP

Article 37 — Equity Participation

Every major tourism or infrastructure enterprise authorized in the Territory shall include community equity participation.

Community participation may be held through:

community corporations;

cooperatives;

territorial trusts;

municipal or village enterprises;

the Territorial Dividend Fund;

XaraBank fiduciary structures.

Article 38 — Employment Priority

Qualified inhabitants of the Territory shall possess priority access to employment, apprenticeships, management training, professional education, procurement, transportation licenses, fishing services, maintenance, construction, hospitality, agriculture, and environmental work.

Article 39 — Local Procurement

Authorized enterprises shall purchase locally available food, fish, agricultural products, building materials, transportation, maintenance, cultural services, and professional services before importing equivalent goods or services.

Article 40 — Integration Into Projects

No project shall operate as an external enclave.

Every authorized project shall contain a binding Community Integration Plan establishing:

ownership participation;

employment quotas;

professional training;

local procurement;

access to infrastructure;

territorial dividend payments;

environmental obligations;

transfer of knowledge;

community oversight;

long-term local management.

BOOK V — ENVIRONMENTAL AND ECOSYSTEMIC ORDER

TITLE IX — ABSOLUTE ECOLOGICAL PROTECTION

Article 41 — Constitutional Status of the Ecosystem

The terrestrial and maritime ecosystem of the Anacaona–Abaka Territory is classified as an indivisible protected national patrimony.

Its preservation constitutes a superior condition governing all development.

Article 42 — Protected Components

Protection extends to:

mangroves;

coral reefs;

seagrass beds;

beaches;

lagoons;

wetlands;

forests;

agricultural soils;

hills;

caves;

freshwater reserves;

spawning zones;

bird habitats;

marine migration routes;

traditional fishing zones.

Article 43 — Ecological Primacy

No expected financial return, employment projection, tourism objective, concession, or investment agreement shall prevail over the established ecological capacity of the Territory.

Article 44 — Environmental Inventory

The University of Xaragua shall establish the Anacaona–Abaka Ecological and Cultural Atlas.

The Atlas shall identify:

protected ecosystems;

customary territories;

agricultural areas;

fishing zones;

historical sites;

religious patrimony;

areas exposed to erosion;

hurricane and flood zones;

water resources;

permissible development areas.

Article 45 — Construction Standards

Authorized buildings shall:

remain limited in height and density;

use local or ecologically compatible materials;

minimize excavation;

collect rainwater;

produce renewable energy;

treat wastewater;

reduce artificial lighting;

maintain natural ventilation;

preserve the coastal landscape;

resist hurricanes and earthquakes.

Article 46 — Waste

Every tourism or development operation shall maintain a complete system for waste reduction, collection, separation, recycling, composting, treatment, and removal.

No untreated sewage, hazardous material, plastic waste, fuel, or construction debris may be discharged into the sea, wetlands, soil, or mangroves.

Article 47 — Water

Freshwater shall be allocated in the following order:

household consumption;

public health;

community agriculture;

schools and institutions;

local enterprises;

authorized tourism operations.

No tourism facility shall deprive the inhabitants of water.

Article 48 — Energy

The Territory shall prioritize:

solar energy;

battery storage;

microgrids;

biogas;

energy-efficient buildings;

low-consumption refrigeration;

decentralized emergency generation.

BOOK VI — ORGANIC ECONOMY AND CONTROLLED TOURISM

TITLE X — AUTHORIZED ECONOMIC SECTORS

Article 49 — Community Tourism

Community tourism shall constitute the principal tourism model of the Territory.

It may include:

family guesthouses;

community lodges;

small ecological hotels;

guided cultural visits;

fishing excursions;

agricultural tourism;

historical tourism;

religious and contemplative stays;

scientific research;

controlled marine tourism.

Article 50 — Agriculture

Development shall protect and modernize:

household agriculture;

fruit production;

coconut production;

livestock;

agroforestry;

medicinal plants;

community gardens;

food processing;

local markets.

Article 51 — Fishing

Traditional and community fishing rights shall receive priority over tourism recreation and external commercial operations.

The State shall develop:

fishing cooperatives;

cold storage;

ice production;

processing;

safe vessels;

maritime communications;

reef restoration;

protected reproduction zones;

direct-market systems.

Article 52 — Cultural and Historical Economy

The Territory may develop museums, archives, historical trails, archaeological programs, cultural centers, religious sites, traditional construction schools, maritime heritage institutions, and community arts.

Cultural patrimony shall remain under territorial and community control.

Article 53 — Visitor Contribution

Every non-resident visitor shall pay an ecological and community contribution.

The contribution shall be divided among:

environmental protection;

the Territorial Dividend;

community infrastructure;

sanitation;

emergency services;

cultural preservation.

BOOK VII — INSTITUTIONAL STRUCTURE

TITLE XI — ANACAONA–ABAKA ORGANIC DEVELOPMENT AUTHORITY

Article 54 — Establishment

The Anacaona–Abaka Organic Development Authority is hereby established as the permanent executive institution responsible for the implementation of this Law.

Article 55 — Powers

The Authority shall exercise jurisdiction over:

territorial planning;

ecological regulation;

tourism authorization;

infrastructure;

community integration;

land registration;

environmental monitoring;

public accounting;

investment control;

dividend administration;

coordination with XaraBank;

enforcement of community assent.

Article 56 — Governing Structure

The Authority shall consist of:

the Executive Directorate;

the Insular Council;

the Community Chamber;

the Ecological and Scientific Commission;

the Territorial Land Registry;

the Investment and Concessions Office;

the Territorial Dividend Office;

the Office of Public Audit.

Article 57 — Insular Council

The Insular Council shall be composed predominantly of representatives designated by the autonomous Indigenous communities and customary inhabitants.

External investors, hotel operators, consultants, and contractors shall not exercise controlling authority over the Council.

Article 58 — Community Chamber

The Community Chamber shall examine:

land-use changes;

major concessions;

displacement proposals;

environmental restrictions;

community benefits;

dividend distribution;

infrastructure priorities;

visitor-capacity rules.

Its approval shall be required wherever this Law mandates territorial assent.

Article 59 — Ecological and Scientific Commission

The Commission shall include specialists in:

marine ecology;

hydrology;

agriculture;

fisheries;

archaeology;

architecture;

energy;

waste management;

disaster resilience;

Indigenous knowledge.

The University of Xaragua shall exercise scientific supervision over the Commission.

BOOK VIII — XARABANK AND TERRITORIAL FINANCE

TITLE XII — FINANCIAL INSTITUTIONS

Article 60 — XaraBank Mandate

XaraBank shall serve as the principal financial institution of the Anacaona–Abaka Territory.

Article 61 — Organic Development Fund

XaraBank shall establish the:

ANACAONA–ABAKA ORGANIC DEVELOPMENT AND COMMUNITY DIVIDEND FUND

Article 62 — Fund Accounts

The Fund shall maintain separate accounts for:

environmental protection;

community dividends;

water and sanitation;

renewable energy;

health and education;

fishing and agriculture;

transportation;

local enterprises;

emergency reserves;

capital infrastructure.

Article 63 — Community Credit

XaraBank shall provide adapted credit facilities for:

fishermen;

farmers;

women’s organizations;

youth enterprises;

cooperatives;

guesthouses;

local transportation;

food processing;

renewable energy;

community construction.

Article 64 — Financial Transparency

All territorial revenues, concession payments, public expenditures, dividends, community allocations, investment agreements, and XaraBank disbursements shall be entered into the Public Territorial Financial Registry.

Quarterly accounts shall be transmitted to the communities.

BOOK IX — INFRASTRUCTURE

TITLE XIII — ESSENTIAL SERVICES

Article 65 — Priority of Essential Infrastructure

Infrastructure shall be developed in the following order:

potable water;

sanitation;

health;

renewable energy;

schools and vocational education;

maritime transportation;

telecommunications;

community roads and paths;

fishing infrastructure;

controlled visitor facilities.

Article 66 — Maritime Transportation

A permanent ferry and coastal transportation service shall connect the Territory with Les Cayes, Port-Salut, Aquin, Miragoâne, and other authorized Xaraguayen ports.

Article 67 — Ports and Landing Facilities

Ports, wharves, landing facilities, and fishing installations shall remain under territorial authority.

Private tourism facilities shall not obtain exclusive control over strategic maritime access.

Article 68 — Roads

Internal roads shall be constructed according to the island’s scale and ecological conditions.

Priority shall be given to:

pedestrian routes;

bicycles;

electric utility vehicles;

shared community transportation;

emergency access;

low-impact roads.

Article 69 — Telecommunications

The Authority shall establish universal territorial access to:

satellite internet;

mobile communications;

emergency radio;

maritime communications;

public digital services;

XaraBank payment systems.

BOOK X — INVESTMENT AND CONCESSIONS

TITLE XIV — ADMISSION OF INVESTMENT

Article 70 — Conditional Admission

External investment constitutes a regulated privilege and shall be admitted only when it advances the objectives of this Law.

Article 71 — Mandatory Conditions

Every investor shall:

recognize the territorial authority of Xaragua;

respect community assent;

preserve customary land rights;

comply with environmental limits;

provide community ownership;

employ and train inhabitants;

purchase locally;

contribute to the Territorial Dividend;

disclose beneficial ownership;

submit to financial and environmental audits.

Article 72 — Duration of Concessions

Concessions shall be limited in duration, subject to periodic review, non-transferable without authorization, and revocable for material violation.

No concession shall create permanent private territorial sovereignty.

Article 73 — Community Benefit Agreement

Every major project shall execute a binding Community Benefit Agreement with the affected communities before commencement.

The Agreement shall specify:

monetary payments;

ownership shares;

employment;

services;

infrastructure;

environmental restoration;

access rights;

dispute procedures;

termination obligations.

Article 74 — Termination

A concession shall be suspended or terminated for:

environmental destruction;

concealment of ownership;

failure to distribute revenues;

exclusion of inhabitants;

violation of customary rights;

unauthorized expansion;

corruption;

persistent non-compliance with community agreements.

BOOK XI — RELATIONS WITH THE HAITIAN ADMINISTRATIVE SYSTEM

TITLE XV — TECHNICAL COORDINATION WITHOUT SUBORDINATION

Article 75 — Administrative Interface

Xaragua may coordinate with Haitian institutions concerning:

civil registries;

cadastral information;

transportation;

public health;

environmental data;

customs logistics;

infrastructure;

emergency response;

policing of ordinary criminal activity.

Article 76 — Absence of Dependency

Technical coordination shall not establish hierarchical dependency.

The validity of this Law shall not depend upon the continuity, effectiveness, authorization, financing, or political approval of the Haitian administrative system.

Article 77 — Incorporation of Useful Administrative Measures

A Haitian law, decree, order, regulation, plan, study, map, public record, infrastructure project, or technical standard concerning the Territory may be incorporated by Xaragua where it is compatible with:

Indigenous self-determination;

community assent;

environmental protection;

customary rights;

organic development;

territorial benefit.

Upon incorporation, the measure shall operate through the constitutional order of Xaragua.

Article 78 — Incompatible Measures

Any incorporated provision permitting mass tourism, dispossession, forced relocation, unrestricted foreign control, ecological destruction, privatization of the coastline, or exclusion of the inhabitants is inapplicable within the Xaraguayen framework.

BOOK XII — FINAL PROVISIONS

Article 79 — Immediate Measures

Upon promulgation, the competent authorities shall:

establish the Anacaona–Abaka Organic Development Authority;

constitute the Insular Council;

register the autonomous communities;

open the Indigenous and Customary Land Registry;

establish the Organic Development Fund;

begin the ecological and cultural atlas;

determine the island’s visitor capacity;

suspend incompatible mass-development projects;

inventory existing tourism and infrastructure concessions;

prepare the first Community Development Plan.

Article 80 — Existing Operations

Existing hotels, tourism facilities, ports, commercial enterprises, and infrastructure operations shall be registered and brought into conformity with this Law.

Their continued operation shall be subject to:

environmental compliance;

community integration;

local employment;

territorial contributions;

recognition of public coastal access;

participation in the Territorial Dividend.

Article 81 — Organic Territorial Plan

The Authority shall adopt a comprehensive Organic Territorial Plan covering:

community territories;

housing;

agriculture;

fishing;

tourism;

water;

energy;

transportation;

protected ecosystems;

historical patrimony;

economic development.

Article 82 — Constitutional Priority

The rights of the communities, the subsistence of the inhabitants, the ecological integrity of the island, and the continuity of the Indigenous territory shall possess priority over tourism revenue and external investment.

Article 83 — Permanent Character

The protected Indigenous and ecological status of the Anacaona–Abaka Territory is permanent.

No ordinary administrative measure may abolish, reduce, privatize, fragment, or transfer that status.

Article 84 — Entry Into Force

The present Supreme Organic Constitutional Law shall enter into force immediately upon promulgation by the Rector-President.

It shall be entered into the General Archives of the State, incorporated into the constitutional corpus of Xaragua, transmitted to the autonomous Indigenous communities and customary Indigenous inhabitants, and executed throughout the Anacaona–Abaka Organic Insular Stewardship Territory.

FOUNDATIONAL REFERENCES

Republic of Haiti, Order Declaring the Territory of the Commune of Île-à-Vache a Reserved Zone and Tourism Development Zone, Le Moniteur, 168th Year, Special No. 8, 10 May 2013.

International Covenant on Civil and Political Rights, Article 1.

International Covenant on Economic, Social and Cultural Rights, Article 1.

United Nations Declaration on the Rights of Indigenous Peoples, Articles 3, 4, 5, 18, 19, 20, 23, 25, 26, 27, 29, 31, lens 32, 33, 34, 37, 39, and 40.

American Declaration on the Rights of Indigenous Peoples, Articles III, VI, XVIII, XIX, XXI, XXII, XXIII, XXVIII, and XXIX.

Convention on Biological Diversity, Articles 8(j), 10(c), and 10(d).

United Nations Convention on the Law of the Sea, provisions concerning protection of the marine environment, pollution prevention, coastal installations, navigation, and marine scientific research.

Rio Declaration on Environment and Development, Principles 3, 4, 10, 15, and 22.

Convention for the Safeguarding of the Intangible Cultural Heritage, 2003.

International Labour Organization Convention No. 169, Articles 6, 7, 13, 14, and 15, as an international normative reference concerning consultation, development priorities, lands, territories, and natural resources.

FORMULA OF PROMULGATION

Promulgated under the Supreme Seal of the Rector-President of the Sovereign Catholic Indigenous and Private State of Xaragua.

The former tourism-development framework applicable to Île-à-Vache is hereby incorporated, transformed, and replaced within the constitutional order of Xaragua by the Anacaona–Abaka Organic Insular Stewardship Territory.

The Territory shall be governed according to Indigenous self-determination, subsidiarity, necessity, community assent, customary land rights, environmental primacy, organic development, economic participation, and the permanent distribution of territorial wealth to its communities and inhabitants.

THE RECTOR-PRESIDENT

DATE OF PROMULGATION

SUPREME SEAL OF THE STATE


SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

GENERAL ARCHIVES OF THE STATE

UNIVERSITY OF XARAGUA

SUPREME COUNCIL FOR INDIGENOUS RIGHTS AND HISTORICAL TERRITORIES

SUPREME ACT OF HISTORICAL, TERRITORIAL, MARITIME, AND INSTITUTIONAL CLASSIFICATION

ON ÎLE-À-VACHE, ITS PRE-COLUMBIAN INDIGENOUS OCCUPATION, ITS INCORPORATION INTO THE ANCESTRAL MARITIME CONTINUUM OF XARAGUA, ITS USE AS A NAVAL BASE BY BUCCANEERS, FLIBUSTIERS, PRIVATEERS, AND COLONIAL COMMANDERS, THE SUCCESSIVE REGIMES OF IMPERIAL, CORPORATE, CONCESSIONARY, AND ADMINISTRATIVE CONTROL, AND THE PERMANENT RIGHTS OF ITS CUSTOMARY INSULAR COMMUNITIES

Official Reference: SCIPS-X/ORP/GAS-SCIRHT/IAV-HIS-MAR

Official Classification: Supreme State Historical Instrument — Indigenous Territorial Record — Maritime and Archaeological Heritage Act — Insular Institutional Dossier

Territory Classified: Île-à-Vache, its dependent islets, territorial approaches, bays, anchorages, reefs, shoals, lagoons, mangroves, fisheries, seabed, submerged wrecks, archaeological deposits, agricultural lands, customary settlements, and maritime communication routes

Historical Period Examined: Pre-Columbian period to the present

Institutional Status: Southern Indigenous, Maritime, Archaeological, and Strategic Territory of Xaragua

Competent Authorities: Office of the Rector-President; General Archives of the State; University of Xaragua; Supreme Council for Indigenous Rights and Historical Territories

Archival Character: Permanent, indivisible, and opposable within the constitutional and institutional order of Xaragua

PREAMBLE

The Office of the Rector-President, acting as the Supreme Constitutional Authority of the Sovereign Catholic Indigenous and Private State of Xaragua;

Considering the pre-existence of the Indigenous peoples, territorial jurisdictions, maritime routes, customary institutions, subsistence systems, and political organizations of Ayiti before the commencement of European occupation;

Considering the historical inclusion of the southern peninsula, its adjacent islands, its maritime approaches, and its interdependent coastal territories within the political, economic, and navigational sphere of the Indigenous order of Xaragua;

Considering that insular territory is constituted not only by emerged land but also by anchorages, reefs, shoals, lagoons, mangroves, seabed, fisheries, maritime routes, underwater cultural property, and the customary systems through which such spaces have been occupied, governed, and transmitted;

Considering the strategic function exercised by Île-à-Vache in the western Caribbean maritime system and its documented use by Indigenous navigators, European imperial authorities, buccaneers, flibustiers, privateers, colonial military commanders, concessionaries, commercial companies, foreign colonization enterprises, and resident customary communities;

Considering the necessity of separating documented maritime and administrative history from the commercial mythology subsequently constructed around piracy;

Considering that buccaneering and privateering constituted organized systems of armed maritime appropriation, colonial warfare, prize-taking, coercive contracting, naval logistics, and delegated violence;

Considering that successive Spanish claims, French military commands, colonial concessions, corporate appropriations, foreign leases, and later administrative classifications did not create the territory and cannot extinguish the anterior Indigenous relationship between Île-à-Vache and the southern maritime continuum of Xaragua;

Considering the permanent institutional obligation to identify, classify, preserve, and protect the historical, archaeological, territorial, economic, and environmental components of the ancestral territories;

The following Supreme Act is hereby promulgated.

TITLE I

OBJECT, AUTHORITY, AND TERRITORIAL SCOPE

Article 1 — Object

The present Act establishes the official historical, territorial, maritime, archaeological, and institutional classification of Île-à-Vache from the pre-Columbian period to the present.

It identifies the successive systems of occupation, government, military command, economic exploitation, territorial concession, foreign intervention, administrative incorporation, and community resistance exercised upon or in relation to the island.

Article 2 — Territorial unity

For the purposes of the constitutional and historical order of Xaragua, Île-à-Vache constitutes a single insular and maritime territorial system comprising:

the emerged territory of the island;

its surrounding bays and anchorages;

its reefs, shoals, rocks, channels, and maritime approaches;

its lagoons, wetlands, and mangrove formations;

its seabed and submerged archaeological deposits;

its shipwrecks and associated artefacts;

its customary fishing grounds;

its agricultural and residential lands;

its historical communication routes with Les Cayes and the southern peninsula;

the settlements and communities whose existence depends upon the island’s terrestrial and maritime resources.

No administrative, commercial, tourism, environmental, or concessionary measure may divide these components for the purpose of denying their historical interdependence.

Article 3 — Institutional purpose

This Act shall serve as:

an official instrument of historical classification;

an archival record of Indigenous territorial continuity;

a maritime and archaeological heritage instrument;

a documentary basis for territorial protection;

a framework for the examination of former colonial and foreign concessions;

a basis for the protection of customary inhabitants and autonomous Indigenous communities;

an institutional record applicable to future cultural, scientific, environmental, economic, and maritime programs concerning Île-à-Vache.

TITLE II

GEOGRAPHICAL AND STRATEGIC CLASSIFICATION

Article 4 — Location

Île-à-Vache is situated in the Caribbean Sea, approximately ten kilometres from the southern coast of Ayiti, opposite the Bay of Les Cayes.

The island occupies a strategic position between the southern peninsula, Jamaica, Cuba, the Gulf of Honduras, the Isthmus of Panama, and the principal maritime routes of the western Caribbean.

Article 5 — Physical composition

The island extends approximately fifteen kilometres from east to west and covers approximately fifty-two square kilometres.

Its western sector is characterized principally by elevated and undulating terrain. Its eastern sector contains wetlands, lagoons, coastal plains, and substantial mangrove formations.

The island is surrounded by reefs, shoals, rocks, narrow channels, protected anchorages, and navigational hazards.

Article 6 — Strategic functions

The geographical position of Île-à-Vache historically permitted:

surveillance of maritime approaches to the southern coast;

concentration of vessels outside the principal continental ports;

embarkation and disembarkation of armed personnel;

provisioning, repair, and careening of vessels;

storage and redistribution of naval supplies and captured goods;

organization of expeditions toward Cuba, Jamaica, Central America, and the Spanish Main;

access to livestock, timber, fisheries, and freshwater resources;

temporary evasion of hostile fleets and colonial enforcement authorities;

coastal navigation between the island and the southern mainland;

protection and maintenance of customary fishing and agricultural communities.

Île-à-Vache shall consequently be classified as a permanent strategic component of the southern maritime system and not as a geographically incidental dependency.

TITLE III

PRE-COLUMBIAN INDIGENOUS TERRITORIAL ORDER

Article 7 — Anterior occupation

Before the establishment of European authority, Île-à-Vache formed part of the Indigenous territorial, economic, political, and maritime continuum of southern Ayiti.

Its insular character did not separate it from the mainland. Indigenous navigation connected the island with the southern coast, river mouths, fishing grounds, reefs, agricultural settlements, and neighbouring islands.

Article 8 — Archaeological evidence

Reported pre-Columbian shell deposits in the Cay Coq sector and related archaeological indications constitute material evidence of Indigenous activity upon the island.

Such deposits are consistent with repeated fishing, shellfish gathering, food processing, settlement, and seasonal or permanent occupation.

All shell deposits, habitation traces, ceramics, tools, human remains, submerged artefacts, and associated sites are classified as components of the Indigenous archaeological patrimony of Île-à-Vache.

Article 9 — Political classification

The island formed part of the broader territorial and maritime sphere associated with the Indigenous order of Xaragua.

The absence of surviving written records identifying each pre-Columbian settlement, chief, office, or administrative subdivision shall not be interpreted as evidence of territorial vacancy.

European documentation was produced after invasion and cannot constitute the exclusive evidentiary basis for determining the existence of a pre-existing Indigenous territorial order.

Article 10 — Maritime character of Indigenous tenure

The pre-Columbian territorial regime of Île-à-Vache included:

physical occupation of the island;

navigation between the island and the southern coast;

collective use of fisheries and reefs;

occupation of coastal and inland sites;

transmission of environmental knowledge;

seasonal movement and subsistence practices;

customary authority over maritime access and resources.

The State therefore classifies Île-à-Vache as a pre-Columbian Indigenous insular territory whose jurisdictional character extended to its surrounding maritime environment.

TITLE IV

SPANISH CLAIM AND IMPERIAL MARGINALIZATION

Article 11 — Spanish claim

Following the Spanish claim over Hispaniola in 1492, Île-à-Vache was nominally incorporated into the territorial system of the Crown of Castile and subsequently of the Spanish Monarchy.

The Spanish designation Isla Vaca constituted a colonial geographical classification. It did not constitute the origin of the island, establish its first occupation, or extinguish its pre-existing Indigenous status.

Article 12 — Limits of Spanish administration

Spanish governmental control over Île-à-Vache remained substantially weaker than its occupation of the principal colonial, mining, agricultural, and administrative centres of Hispaniola.

The withdrawal of Spanish settlement from substantial parts of western and southern Hispaniola, including the effects of the forced depopulation policies of the early seventeenth century, created an extended maritime frontier in which formal imperial title was not accompanied by continuous civil or military administration.

Article 13 — Contested maritime frontier

The limited Spanish presence enabled hunters, traders, smugglers, buccaneers, privateers, and settlers operating from English and French colonial territories to use Île-à-Vache.

The island consequently became a contested maritime position in which Spanish claims, foreign occupation, commercial traffic, and irregular naval force operated simultaneously.

TITLE V

BUCCANEER, FLIBUSTIER, PRIVATEERING, AND PIRATE OPERATIONS

Article 14 — Institutional distinctions

For the purpose of historical classification:

buccaneers were initially hunters and processors of livestock whose commercial and maritime activity developed outside or at the margins of regular colonial settlement;

flibustiers were armed maritime operators identified principally within French colonial practice;

privateers exercised authorized maritime force pursuant to commissions issued by sovereigns or colonial governors;

pirates conducted maritime seizures without a recognized commission or beyond the territorial, temporal, or operational limits of such a commission.

These classifications were neither permanent nor mutually exclusive. The legal position of the same commander could change according to war, treaty, commission, revocation, colonial protection, or diplomatic necessity.

Article 15 — Operational function of Île-à-Vache

During the seventeenth century, Île-à-Vache became a principal rendezvous and logistical station for armed maritime companies operating from Jamaica and western Hispaniola.

The island was used for:

assembly of vessels and crews;

negotiation and execution of articles of agreement;

allocation of command authority;

provisioning and repair;

careening of vessels;

treatment of injured personnel;

division of prizes;

storage of arms and captured property;

planning of operations against Spanish territories;

temporary protection from colonial enforcement.

Article 16 — Legal character

The use of Île-à-Vache by buccaneers and flibustiers shall not be treated as evidence of territorial independence or lawful acquisition.

Their presence constituted factual occupation, logistical control, and organized armed activity. It did not extinguish the anterior Indigenous territorial order and did not by itself establish sovereign title.

Île-à-Vache functioned during this period as a decentralized naval station within the military and commercial conflicts of the Caribbean colonial system.

TITLE VI

HENRY MORGAN AND THE JAMAICAN PRIVATEERING SYSTEM

Article 17 — Operational presence

Henry Morgan, a Welsh privateer operating principally under the English colonial authority of Jamaica, used Île-à-Vache as an assembly and staging area during campaigns against Spanish possessions.

His forces consisted of privately recruited crews, armed vessels, colonial commissions, contractual command structures, and prize-distribution arrangements.

Article 18 — Assembly of 1669

In January 1669, Morgan concentrated approximately ten vessels and several hundred armed personnel at Île-à-Vache in preparation for operations against Spanish territories.

This concentration establishes the island’s function as a naval mobilization point and not merely as an incidental anchorage.

Article 19 — Destruction of the Oxford

During the assembly, Morgan’s flagship, the Oxford, was destroyed by an explosion in its powder magazine.

The explosion affected vessels positioned alongside the flagship and caused substantial loss of life. Morgan survived.

The presence of multiple armed vessels, artillery, powder, captured ships, and a large concentration of personnel constitutes direct evidence of the scale of the military activity conducted in the waters of Île-à-Vache.

The wreck site and any associated material are classified as components of the island’s underwater military and archaeological patrimony.

Article 20 — Subsequent campaigns

Morgan subsequently conducted operations against Maracaibo and Gibraltar in the Spanish territories corresponding to present-day Venezuela.

Historical accounts also associate Île-à-Vache with the maritime mobilizations preceding the expedition that culminated in the assault upon Panama in 1671.

The island consequently formed part of the operational network through which English-Jamaican privateering projected force against Spanish territories.

Article 21 — Incorporation into colonial government

Morgan was subsequently detained, transported to England, knighted by King Charles II, and appointed Lieutenant Governor of Jamaica.

His progression from privateering commander to colonial officer demonstrates the institutional relationship between delegated maritime violence and European colonial government.

The Crown and colonial authorities did not maintain a permanent legal division between privateering and government service. Experienced commanders were incorporated into public office when their naval capacity served imperial interests.

TITLE VII

JEAN HAMLIN, LA TROMPEUSE, AND MARITIME ENFORCEMENT

Article 22 — Jean Hamlin

Between approximately 1682 and 1684, Jean Hamlin used Île-à-Vache and other positions in western Hispaniola while conducting attacks against English and Dutch shipping.

Hamlin commanded the vessel La Trompeuse. His operations provoked English naval action and diplomatic pressure upon the French colonial authorities.

Article 23 — Colonial protection and repudiation

French colonial authorities alternately tolerated, protected, commissioned, or repudiated maritime commanders according to military utility, commercial interest, and diplomatic circumstances.

The legal classification applied to Hamlin and comparable commanders depended substantially upon the issuing, recognition, suspension, or absence of commissions.

Article 24 — Jurisdictional significance

The operations of Hamlin establish that Île-à-Vache formed part of a maritime enforcement zone in which English, French, Spanish, and Dutch authorities disputed jurisdiction over vessels, prizes, crews, commissions, and captured property.

The island’s function was therefore military, commercial, and jurisdictional.

TITLE VIII

CAPTAIN CHARPIN AND THE ARTICLES OF 1688

Article 25 — Execution of maritime articles

In February 1688, articles governing an armed maritime expedition under Captain Charpin were executed at Île-à-Vache.

These articles regulated command, compensation, allocation of prizes, supply obligations, medical services, treatment of captured vessels, and the respective rights of the crew and commanding officers.

Article 26 — Legal classification of the articles

The articles were contractual instruments of internal maritime organization.

They did not constitute legislation enacted by a territorial sovereign. They nevertheless exercised binding regulatory functions within the armed company that adopted them.

Article 27 — Institutional finding

The execution of such articles at Île-à-Vache confirms that the island functioned as:

a place of command formation;

a recruiting and provisioning station;

a site of military contracting;

a prize-distribution centre;

a naval assembly point;

a forward operational base.

The record shall be preserved as evidence of organized maritime administration and shall not be reduced to pirate custom or commercial folklore.

TITLE IX

LAURENS DE GRAAF AND THE FORMALIZATION OF COLONIAL COMMAND

Article 28 — Incorporation into French service

Laurens Cornelis Boudewijn de Graaf, identified in French records as Laurent de Graff, operated successively as an independent maritime commander, privateer, and officer in the service of France.

French authorities naturalized de Graaf and incorporated his military capacity into the colonial command structure.

Article 29 — Command of Île-à-Vache

De Graaf exercised command at Île-à-Vache during the period generally identified as extending from approximately 1688 to 1691.

His appointment constituted an attempt to subject the maritime personnel operating from the island to a recognized military hierarchy.

Article 30 — Functions of command

The command exercised by de Graaf included or was connected to:

control of armed crews;

defence of French colonial interests;

surveillance of maritime approaches;

regulation of expeditions;

organization of militia and naval resources;

integration of former flibustier personnel into French military operations.

Article 31 — Institutional consequence

The appointment of de Graaf marked a transition from irregular armed occupation toward formalized French colonial command.

His subsequent military responsibilities at Cap-Français confirm the broader policy of converting experienced privateering commanders into officers of colonial defence.

For the period of his commissioned command, de Graaf shall be classified as a French colonial military officer exercising authority at Île-à-Vache and not exclusively as an independent pirate.

TITLE X

JEAN LE GOFF DE BEAUREGARD AND THE CONCESSIONARY REGIME

Article 32 — Administrative and military functions

Jean Le Goff de Beauregard was associated with the flibustier system before occupying recognized positions within the French colonial establishment.

He exercised military responsibility at Île-à-Vache and subsequently held militia and council functions within Saint-Domingue.

Article 33 — Concession of 1698

In 1698, Jean-Baptiste du Casse, Governor of Saint-Domingue, granted Île-à-Vache to Beauregard.

The instrument constituted a colonial concession issued by the French executive authority.

It conferred rights recognized within the French colonial system but did not create the territory, extinguish Indigenous title, or confer an independent sovereignty upon the concessionary.

Article 34 — Death and corporate recovery

Beauregard died at Île-à-Vache in November 1699.

In 1700, the island was recovered or incorporated by the Compagnie de Saint-Domingue.

Article 35 — Institutional sequence

The seventeenth-century transformation of the island is officially classified as follows:

irregular maritime occupation;

use by buccaneer and flibustier companies;

commissioned military command;

gubernatorial concession;

corporate colonial incorporation;

organized economic exploitation.

Article 36 — Treaty of Ryswick

The Treaty of Ryswick of 1697 provided the European diplomatic framework within which France’s possession of the western part of Hispaniola was recognized by Spain.

The treaty regulated relations between European powers. It did not create Indigenous territory, obtain Indigenous consent, or extinguish pre-existing Indigenous territorial rights.

TITLE XI

COLONIAL ADMINISTRATION UNDER SAINT-DOMINGUE

Article 37 — Economic integration

During the eighteenth century, Île-à-Vache was integrated into the southern maritime and economic system of the French colony of Saint-Domingue.

Its principal functions included:

livestock production;

limited cultivation;

timber extraction;

fishing;

coastal transportation;

provisioning of vessels;

support for maritime activity associated with Les Cayes and the southern peninsula.

Article 38 — Colonial legal order

The island remained subject to the laws, regulations, commercial restrictions, militia structures, racial classifications, property rules, and slavery regime of Saint-Domingue.

Its limited plantation development did not remove it from the colonial system or from the economic structures maintained through enslaved and coerced labour.

Article 39 — Maritime warfare

European wars repeatedly altered the legal and military status of vessels operating around Île-à-Vache.

Merchant vessels, naval ships, privateers, and unauthorized armed operators used or traversed its surrounding waters according to the military conditions prevailing between France, Spain, England, and the Netherlands.

TITLE XII

REVOLUTION, INDEPENDENCE, AND THE POST-1804 TERRITORIAL ORDER

Article 40 — Destruction of colonial authority

The insurrection beginning in 1791, the abolition of slavery, the civil and international wars, and the military defeat of the French expeditionary forces destroyed the legal foundations of the colonial government of Saint-Domingue.

Article 41 — Independence

The Declaration of Independence of 1 January 1804 terminated French sovereignty, colonial corporate authority, and governmental concessionary power over the former territory of Saint-Domingue and its associated islands.

Île-à-Vache ceased to be French colonial property, a corporate dependency, or a concession governed by the institutions of Saint-Domingue.

Article 42 — Territorial incorporation

Île-à-Vache was incorporated into the territorial order established after independence and continued to form part of the southern maritime system connected to Les Cayes and the southern peninsula.

Former colonial grants and commercial privileges could not constitute authorities superior to the post-1804 territorial order.

TITLE XIII

THE BERNARD KOCK LEASE AND THE UNITED STATES COLONIZATION PROJECT

Article 43 — Negotiation of the lease

In 1862, during the government of President Fabre Geffrard, businessman Bernard Kock negotiated a lease concerning Île-à-Vache.

The proposed enterprise combined cotton production, territorial leasing, foreign investment, and the transportation of Black emigrants from the United States.

Article 44 — United States policy

The project became associated with the colonization policies examined by the administration of United States President Abraham Lincoln during the American Civil War.

Those policies contemplated the settlement of emancipated or free Black Americans outside the continental territory of the United States.

Article 45 — Legal status of the agreement

The agreement concluded in August 1862 reportedly granted Kock a ten-year lease, subject to renewal, rent, operational obligations, fiscal conditions, and governmental supervision.

The lease did not constitute:

a territorial cession;

a transfer of sovereignty;

the creation of a foreign protectorate;

the establishment of an independent jurisdiction;

the permanent alienation of Île-à-Vache.

Article 46 — Arrival of the settlers

Approximately five hundred African Americans arrived aboard the Ocean Ranger in April 1863.

The enterprise rapidly became inoperative because of insufficient financing, inadequate supplies, disease, defective administration, coercive labour conditions, and disputes between the workers, Kock, and the project’s financial sponsors.

Article 47 — Private monetary instruments

Kock issued private monetary instruments bearing the name of Île-à-Vache.

Those instruments represented obligations or exchange devices internal to the enterprise. They did not constitute sovereign currency and did not establish an independent monetary jurisdiction.

Article 48 — Termination and repatriation

The enterprise was terminated during 1863.

In December 1863, the United States government organized the return of the surviving settlers. Approximately 453 persons were repatriated.

Article 49 — State classification

The Bernard Kock undertaking is officially classified as:

a state-authorized territorial lease;

a foreign agricultural enterprise;

a component of United States colonization policy;

an attempted transplantation of an external labour population;

an administrative, financial, and humanitarian failure;

an undertaking that produced no territorial transfer or surviving foreign jurisdiction.

TITLE XIV

TWENTIETH-CENTURY MARITIME AND ADMINISTRATIVE DEVELOPMENT

Article 50 — Local economic continuity

During the twentieth century, the population of Île-à-Vache maintained an economy based principally upon:

artisanal fishing;

subsistence and small-scale agriculture;

livestock;

boatbuilding;

coastal transportation;

exchange with Les Cayes;

family and customary occupation of land.

Article 51 — Wreck of the Bluenose

In 1946, the Canadian schooner Bluenose was wrecked upon a reef near Île-à-Vache.

The wreck and all associated material located within the surrounding maritime zone are classified as components of the modern underwater cultural patrimony of the island.

Article 52 — Administrative classification of 1976

In 1976, Île-à-Vache was constituted as a commune within the Arrondissement of Les Cayes and the Département du Sud.

This administrative act created a municipal classification. It did not create the territory, its population, its customary landholding systems, or its historical identity.

Article 53 — Customary settlements

Madame Bernard became the principal administrative and commercial centre of the commune.

The island’s other settlements continued to operate through fishing, agriculture, boatbuilding, maritime transportation, religious institutions, local commerce, and community organizations.

TITLE XV

THE 2013 TOURISM DECLARATION AND THE TERRITORIAL CONFLICT

Article 54 — Governmental tourism program

In 2013, the Haitian administrative authorities initiated a large-scale tourism development program concerning Île-à-Vache.

The announced program included hotel infrastructure, villas, roads, commercial installations, an airport facility, and related tourism services.

Article 55 — Declaration of public utility

A governmental measure published in Le Moniteur classified Île-à-Vache as a tourism development zone and declared the contemplated works to be of public utility.

The measure directly affected questions of land tenure, expropriation, occupation, compensation, displacement, and access to maritime and agricultural resources.

Article 56 — Community opposition

Residents and local organizations contested the absence or insufficiency of prior consultation and maintained that customary occupants risked dispossession without adequate recognition of their land rights.

The Konbit Peyizan Ilavach became a principal institutional expression of the opposition.

Article 57 — Nature of the dispute

The dispute concerned:

the legal status of customary possession;

the identification of lawful landholders;

the authority to classify land for tourism development;

prior consultation of resident communities;

displacement and compensation;

access to fishing and agricultural resources;

distribution of economic benefits;

environmental consequences;

participation of inhabitants in decisions affecting their territory.

Article 58 — Historical classification of the program

The 2013 program shall be recorded as a territorial and institutional conflict and not solely as a tourism or infrastructure project.

Its historical significance arises from the attempted reallocation of land and resources through centralized administrative action affecting established customary communities.

TITLE XVI

CONTEMPORARY MARITIME, ENVIRONMENTAL, AND COMMUNITY STATUS

Article 59 — Inhabited territory

Île-à-Vache is an inhabited insular territory.

Its agricultural lands, fishing grounds, settlements, paths, anchorages, mangroves, wetlands, and coastal waters constitute the material basis of the resident population.

No part of the island shall be administratively characterized as vacant solely because customary possession is not documented through a standardized external system of land registration.

Article 60 — Ecological functions

The mangroves, coral environments, seagrass beds, lagoons, reefs, and wetlands of Île-à-Vache perform essential territorial functions, including:

reproduction and protection of marine species;

support for subsistence and commercial fisheries;

stabilization of coastlines;

reduction of erosion;

protection against storm surges and coastal flooding;

maintenance of marine biodiversity;

carbon retention;

preservation of the economic base of the customary communities.

Article 61 — Archaeological unity

Pre-Columbian sites, colonial deposits, privateering remains, military artefacts, submerged wrecks, traditional vessels, navigation routes, and associated documentary records form a unified archaeological and historical patrimony.

Removal, exportation, sale, destruction, concealment, or unauthorized exploitation of such material is incompatible with the territorial and historical classification established by this Act.

Article 62 — Community participation

No development, tourism, archaeological, maritime, environmental, infrastructure, or investment program concerning Île-à-Vache shall be deemed institutionally complete without the effective participation of:

the autonomous Indigenous communities concerned;

customary inhabitants;

fishers;

agricultural occupants;

local economic organizations;

representatives of affected settlements.

Participation shall include access to information, consultation before implementation, representation in decision-making, protection against arbitrary displacement, and a defined share in resulting economic benefits.

TITLE XVII

SUPREME STATE FINDINGS

Article 63 — Indigenous anteriority

The State finds that Île-à-Vache possessed an Indigenous territorial and maritime history before Spanish occupation.

Article 64 — Colonial nomenclature

The State finds that the designation Isla Vaca was imposed through Spanish colonial nomenclature and did not create the island’s territorial identity.

Article 65 — Seventeenth-century naval function

The State finds that Île-à-Vache constituted a major seventeenth-century naval assembly, provisioning, contracting, command, and operational station.

Article 66 — Henry Morgan

The State finds that Henry Morgan used the island as an operational base and that the destruction of the Oxford establishes the presence of a substantial concentration of armed vessels, artillery, personnel, and military supplies.

Article 67 — Other maritime commanders

The State finds that Jean Hamlin, Captain Charpin, Laurens de Graaf, Jean Le Goff de Beauregard, and other commanders used or administered Île-à-Vache within distinct systems of piracy, flibustering, privateering, militia command, and French colonial authority.

Article 68 — Formalization of colonial control

The State finds that the appointments of military commanders, the 1698 concession, and the recovery of the island by the Compagnie de Saint-Domingue in 1700 constituted successive stages in the formalization of French colonial control.

Article 69 — Termination of French authority

The State finds that independence in 1804 terminated French governmental, military, corporate, and concessionary authority over Île-à-Vache.

Article 70 — Kock lease

The State finds that the Bernard Kock agreement was a limited lease issued under the territorial authority existing in 1862 and that it created no foreign sovereignty, protectorate, or permanent jurisdiction.

Article 71 — Administrative status

The State finds that the municipal classification adopted in 1976 constituted an administrative arrangement and did not supersede the island’s Indigenous, historical, customary, or maritime identity.

Article 72 — Tourism conflict

The State finds that the disputes arising from the 2013 tourism program concerned territorial authority, customary possession, community participation, resource allocation, and the institutional conditions of economic development.

Article 73 — Indivisible patrimony

The State finds that the land, waters, reefs, lagoons, mangroves, fisheries, archaeological sites, submerged wrecks, settlements, and customary economic systems of Île-à-Vache constitute an indivisible territorial patrimony.

TITLE XVIII

FINAL TERRITORIAL AND HISTORICAL CLASSIFICATION

Article 74 — Official classification

Île-à-Vache is hereby officially classified as:

A PRE-COLUMBIAN INDIGENOUS INSULAR AND MARITIME TERRITORY;

AN INTEGRAL COMPONENT OF THE ANCESTRAL SOUTHERN MARITIME CONTINUUM OF XARAGUA;

A STRATEGIC POSITION WITHIN THE WESTERN CARIBBEAN NAVIGATION SYSTEM;

A SEVENTEENTH-CENTURY NAVAL ASSEMBLY, PROVISIONING, COMMAND, AND PRIVATEERING CENTRE;

A FORMER SPANISH IMPERIAL CLAIM;

A FORMER FRENCH COLONIAL MILITARY POST, CONCESSION, AND CORPORATE DEPENDENCY;

A TERRITORY INCORPORATED INTO THE POST-1804 SOUTHERN ORDER;

A SITE OF NINETEENTH-CENTURY FOREIGN COLONIZATION POLICY AND CONCESSIONARY FAILURE;

A CUSTOMARY AGRICULTURAL, FISHING, AND MARITIME COMMUNITY;

A TERRITORY OF MAJOR ARCHAEOLOGICAL, ECONOMIC, ENVIRONMENTAL, AND STRATEGIC IMPORTANCE;

AND A PERMANENT INDIGENOUS AND HISTORICAL INTEREST OF THE SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA.

Article 75 — Exclusion of romanticized classification

The history of Île-à-Vache shall not be represented officially as a narrative of maritime adventure, pirate folklore, treasure mythology, or commercial exoticism.

Buccaneering, flibustering, privateering, piracy, colonial command, and concessionary occupation shall be classified according to their actual institutional functions: armed maritime appropriation, delegated warfare, commercial seizure, military logistics, territorial control, and colonial administration.

Article 76 — Permanent archival registration

The General Archives of the State shall register the present Act as the principal institutional record concerning the historical classification of Île-à-Vache.

The University of Xaragua shall maintain the corresponding documentary, cartographic, archaeological, biographical, maritime, and legal files.

Article 77 — Institutional effect

All authorities, councils, archives, academic bodies, economic structures, and territorial institutions of Xaragua shall apply the classification established by this Act in any instrument concerning:

Indigenous territorial continuity;

maritime jurisdiction;

historical research;

underwater archaeology;

environmental protection;

customary community rights;

tourism and economic development;

cultural property;

territorial planning;

relations with external administrative authorities.

Article 78 — Entry into force

The present Supreme Act shall enter into force upon promulgation by the Rector-President.

It shall be deposited under the Supreme Seal of the State, incorporated into the constitutional and historical corpus of Xaragua, and maintained as a permanent State instrument concerning the southern ancestral territories.

PROMULGATED BY THE OFFICE OF THE RECTOR-PRESIDENT

UNDER THE SUPREME CONSTITUTIONAL AUTHORITY OF XARAGUA

FOR PERMANENT INSCRIPTION IN THE GENERAL ARCHIVES OF THE STATE

AND FOR EXECUTION BY ALL COMPETENT INSTITUTIONS OF THE SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

Côtes-de-Fer


SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

GENERAL ARCHIVES OF THE STATE

SUPREME ORGANIC CONSTITUTIONAL ACT

ON THE HISTORICAL CLASSIFICATION, TERRITORIAL ORGANIZATION, MARITIME FUNCTION, CLIMATE-RESILIENCE MANDATE, AND PERMANENT STATUS OF CÔTES-DE-FER

Official Classification: Supreme Territorial Instrument — Historical Classification Act — Eastern Littoral Administration Law — Coastal Resilience and Dryland Production Statute

Official Territorial Designation: Côtes-de-Fer Eastern Littoral Resilience, Coastal Navigation, and Dryland Production Jurisdiction

Official Haitian Creole Designation: Kòtfè

Supreme Authority: Office of the Rector-President

Archival Depositary: General Archives of the State

Territorial Status: Permanent Organic Jurisdiction of Xaragua

PREAMBLE

The Sovereign Catholic Indigenous and Private State of Xaragua;

Exercising its constituent, territorial, historical, maritime, environmental, and administrative authority;

Recognizing the Indigenous occupation, navigation, fishing, cultivation, exchange, and territorial use of the southern coast of Hispaniola before European intervention;

Taking institutional notice of the successive Indigenous, Spanish, French, revolutionary, post-independence, municipal, agricultural, maritime, and contemporary administrative periods affecting Côtes-de-Fer;

Recognizing the historical names Boucan-Pêcheur, Côte-de-l’Enfer, Côte-de-Fer, Côtes-de-Fer, and Kòtfè as successive elements of the territorial record;

Taking particular notice of the exposed coastal conditions, force of the waves, restricted anchorage, river mouth, agricultural hinterland, and position of Côtes-de-Fer upon the maritime and terrestrial corridor connecting Aquin and Jacmel;

Determining that Côtes-de-Fer requires a permanent function distinct from the maritime and agro-industrial jurisdiction of Aquin and the metropolitan functions assigned to Les Cayes;

Hereby adopts and promulgates the present Supreme Organic Constitutional Act.

TITLE I — CONSTITUTIONAL DESIGNATION

Article 1 — Permanent Territorial Function

Côtes-de-Fer is hereby constituted and permanently designated as the:

EASTERN LITTORAL RESILIENCE, COASTAL NAVIGATION, AND DRYLAND PRODUCTION JURISDICTION OF XARAGUA.

This designation possesses territorial, maritime, agricultural, environmental, logistical, historical, and administrative effect.

Article 2 — Principal Functions

Côtes-de-Fer shall exercise the following permanent functions:

a) Eastern coastal coordination between Aquin and Jacmel;

b) Administration of exposed-shore navigation and small-vessel safety;

c) Climate-resilient agriculture and dryland production;

d) Watershed, river-mouth, coastal-soil, and shoreline protection;

e) Fisheries, coastal landing, boat maintenance, and maritime provisioning;

f) Territorial surveillance of the southeastern maritime approach;

g) Disaster preparedness, emergency landing, communications continuity, and community supply;

h) Regulation of coastal development and protection of customary occupation.

Article 3 — Territorial Seat

The town of Côtes-de-Fer shall be the permanent seat of:

a) The Côtes-de-Fer Territorial Authority;

b) The Eastern Littoral Resilience Directorate;

c) The Coastal Navigation and Landing Administration;

d) The Dryland Agriculture and Watershed Directorate;

e) The Côtes-de-Fer Territorial and Maritime Register;

f) Every additional institution established for the execution of this Act.

TITLE II — PRE-COLUMBIAN TERRITORIAL ORDER

Article 4 — Indigenous Anteriority

Before 1492, the territory now known as Côtes-de-Fer formed part of the inhabited and navigated Indigenous geography of southern Hispaniola.

Its territorial functions included:

a) Coastal habitation;

b) Fishing and collection of marine resources;

c) Canoe navigation;

d) Use of beaches and river mouths as landing places;

e) Cultivation within coastal and inland zones;

f) Movement between maritime settlements and the interior;

g) Community use of freshwater, forests, soils, and biological resources;

h) Political and economic relations with the wider Indigenous order of Xaragua.

The absence of European cadastral instruments or municipal institutions shall not be construed as evidence of vacant territory, absence of government, or absence of lawful Indigenous possession.

Article 5 — Incorporation into Xaragua

Côtes-de-Fer is historically classified as a component of the southern coastal continuum associated with the pre-Columbian political and territorial order of Xaragua.

Its maritime position contributed to the circulation of persons, food, information, tools, cultivated products, and political obligations along the southern coast.

Article 6 — Indigenous Territorial Rights

The ancestral status of Côtes-de-Fer shall be interpreted in accordance with Articles 3, 4, 5, 18, 19, and 25 through 32 of the United Nations Declaration on the Rights of Indigenous Peoples and the corresponding territorial protections of the American Declaration on the Rights of Indigenous Peoples.

No colonial or subsequent administrative classification shall be interpreted as extinguishing Indigenous anteriority, customary possession, territorial memory, or continuing community rights.

TITLE III — SPANISH COLONIAL INTERVENTION

Article 7 — Displacement of the Indigenous Order

Spanish intervention after 1492 imposed an external system of royal claim, military domination, compulsory labor, missionary administration, land appropriation, and territorial reclassification.

The demographic collapse caused by warfare, displacement, forced labor, disease, and destruction of Indigenous production did not extinguish territorial continuity.

Article 8 — Persistence of Indigenous Elements

Indigenous continuity remained preserved through:

a) Local and regional toponyms;

b) Fishing, navigation, agriculture, and plant knowledge;

c) Customary occupation of coastal and inland lands;

d) Incorporation of Indigenous descendants into later rural populations;

e) Continued use of established routes, landing places, rivers, and resource zones.

Spanish authority is classified as a succeeding colonial administration and not as the origin of territorial society at Côtes-de-Fer.

TITLE IV — FLIBUSTIER, FISHING, AND FRENCH COLONIAL PERIOD

Article 9 — Boucan-Pêcheur

During the period of weakened Spanish control and expanding non-Spanish maritime activity, the locality became associated with the designation Boucan-Pêcheur.

That designation recorded the practical functions of the coast as a place of fishing, coastal subsistence, preparation of provisions, temporary occupation, and maritime passage.

Article 10 — Maritime Conditions

The coast was known among fishers, coastal pilots, flibustiers, private maritime operators, and other navigators for:

a) Strong and persistent wave action;

b) Difficult approach conditions;

c) Limited protection for vessels;

d) Uncertain anchorage;

e) Hazardous landing and departure;

f) Exposure to winds, reefs, currents, and coastal formations.

These conditions materially limited the establishment of a conventional protected harbor.

Article 11 — Côte-de-l’Enfer

The expression Côte-de-l’Enfer entered the navigational and territorial record as a functional description of a coast upon which anchorage and landing were particularly difficult.

The designation shall not be classified as folklore. It constitutes evidence of the actual maritime assessment made by persons required to navigate, anchor, provision, and disembark along an exposed littoral.

Article 12 — From Côte-de-l’Enfer to Côtes-de-Fer

The later designation Côte-de-Fer, subsequently consolidated as Côtes-de-Fer, preserved the institutional memory of a hard, resistant, and operationally difficult coastline.

Flibustiers, fishers, coastal navigators, merchants, and other maritime users contributed to the transmission of this nomenclature because the coast offered neither the regular protection nor the easy anchorage available at established bays and ports.

The name is therefore classified as a maritime-territorial designation arising from navigational conditions and not as a reference to an established iron-mining industry.

Article 13 — French Colonial Incorporation

Following the consolidation of French authority over western Saint-Domingue, Côtes-de-Fer was incorporated into the colonial order governing land, agriculture, commerce, maritime movement, taxation, and labor.

Its relative isolation and difficult coast limited large-scale port development while preserving its functions in fishing, subsistence production, local exchange, coastal navigation, and dispersed rural settlement.

TITLE V — REVOLUTION AND POST-INDEPENDENCE ORDER

Article 14 — Revolutionary Transformation

The revolutionary period beginning in 1791 dismantled the slave-plantation and colonial governmental order of Saint-Domingue.

Côtes-de-Fer formed part of the southern theater in which maritime circulation, food production, local communications, military passage, and control of coastal routes possessed direct strategic importance.

Article 15 — Independence

The termination of French authority in 1804 incorporated Côtes-de-Fer into the independent postcolonial political order.

The territory subsequently passed through imperial, republican, presidential, military, municipal, and centralized administrative systems without losing its coastal, agricultural, and community character.

Article 16 — Formal Designation of 1843

The year 1843 is recorded as the date associated with the formal establishment or administrative recognition of Côtes-de-Fer under its modern territorial designation.

The adoption of the name did not create the territory. It regularized within the post-independence administrative order a locality possessing an earlier Indigenous, fishing, maritime, colonial, and rural history.

TITLE VI — MODERN TERRITORIAL DEVELOPMENT

Article 17 — Rural and Coastal Continuity

During the nineteenth and twentieth centuries, Côtes-de-Fer maintained an economy founded principally upon:

a) Family agriculture;

b) Livestock;

c) Fishing;

d) Coastal commerce;

e) Small-vessel transportation;

f) Rural markets;

g) Household production;

h) Movement between inland settlements and the coast.

Article 18 — Administrative Composition

The territory has been administered through the sections known as:

a) Gris-Gris;

b) Labiche;

c) Bras-Gauche;

d) Amazone;

e) Boucan-Bélier;

f) Jamais-Vu.

These sections are recognized as territorial subdivisions of an integrated coastal and inland jurisdiction rather than as isolated administrative fragments.

Article 19 — Aquin–Côtes-de-Fer–Jacmel Corridor

Côtes-de-Fer occupies a central position upon the coastal road corridor connecting Aquin and Jacmel.

The corridor shall be classified as strategic infrastructure supporting:

a) Territorial continuity;

b) Agricultural transportation;

c) Emergency access;

d) Coastal surveillance;

e) Movement of persons and essential goods;

f) Connection between southern and southeastern jurisdictions;

g) Alternative transport capacity where principal routes become inoperative.

The existing Aquin–Jacmel departmental corridor passes through the territory of Côtes-de-Fer and follows substantial sections of the coast. Route corridor reference⁠�

Article 20 — Contemporary Development Proposals

Large-scale tourism, airport, port, hotel, residential, or coastal-development proposals formulated during the twenty-first century shall be recorded as external development initiatives affecting land, community access, infrastructure, environmental protection, and territorial authority.

No such proposal shall be recognized within the order of Xaragua unless it provides for:

a) Protection of customary possession;

b) Effective community participation;

c) Environmental and coastal-risk assessment;

d) Public access to maritime resources;

e) Local economic participation;

f) Infrastructure maintenance;

g) Protection against arbitrary displacement;

h) Registration and approval by the competent institutions of Xaragua.

A large coastal tourism plan involving proposed port, airport, hotel, residential, and recreational infrastructure was publicly advanced in 2014. Contemporary development reference⁠�

TITLE VII — EASTERN LITTORAL RESILIENCE MANDATE

Article 21 — Climate and Coastal Risk

Côtes-de-Fer shall maintain permanent planning capacity concerning:

a) Hurricanes and tropical storms;

b) Coastal erosion;

c) Strong wave action;

d) Flooding and river overflow;

e) Drought and irregular rainfall;

f) Watershed degradation;

g) Soil loss and hillside erosion;

h) Earthquakes and interruption of terrestrial access;

i) Failure of communications, energy, or water systems.

Article 22 — Coastal Navigation

The Coastal Navigation and Landing Administration shall:

a) Identify safe and restricted landing areas;

b) Maintain local records of currents, reefs, waves, and seasonal conditions;

c) Register small landing facilities and maritime access points;

d) establish warning and communication procedures;

e) Support fishing vessels and emergency maritime operations;

f) Prohibit construction that increases navigational or coastal risk;

g) Preserve traditional maritime knowledge in the territorial archives.

Article 23 — Dryland Production

Côtes-de-Fer shall serve as a territorial center for agriculture adapted to water limitation, variable rainfall, coastal exposure, and soil degradation.

The competent administration shall prioritize:

a) Drought-resistant food production;

b) Tree-based and perennial agriculture;

c) Fruit, seed, forage, and adapted crop systems;

d) Soil retention and erosion control;

e) Rainwater capture and storage;

f) Small-scale irrigation;

g) Community nurseries;

h) Agricultural processing and storage;

i) Protection of productive family lands.

Article 24 — Watershed and River-Mouth Administration

The river, tributaries, drainage systems, watersheds, wetlands, and coastal discharge zones of Côtes-de-Fer shall be administered as an integrated territorial system.

No extraction, construction, dumping, diversion, or occupation may lawfully obstruct drainage, increase flood exposure, contaminate water, accelerate erosion, or impair customary access without prior authorization.

TITLE VIII — TERRITORIAL GOVERNMENT

Article 25 — Côtes-de-Fer Territorial Authority

The Côtes-de-Fer Territorial Authority shall coordinate:

a) Territorial planning;

b) Coastal and river administration;

c) Agriculture and fisheries;

d) Roads and emergency access;

e) Water, sanitation, energy, and telecommunications;

f) Markets and productive infrastructure;

g) Disaster preparedness;

h) Environmental protection;

i) Territorial statistics and public-property registration;

j) Relations with autonomous communities and competent institutions.

Article 26 — Community Participation

No major territorial, maritime, agricultural, environmental, tourism, infrastructure, or investment decision shall be institutionally complete without the participation of affected communities, customary occupants, agricultural producers, fishers, local enterprises, and recognized community authorities.

Article 27 — Registers

The following permanent registers shall be established:

a) Côtes-de-Fer Territorial Register;

b) Coastal Navigation and Landing Register;

c) Agricultural Land and Production Register;

d) Watershed and Water Infrastructure Register;

e) Fisheries and Maritime Activity Register;

f) Public Infrastructure Register;

g) Environmental Authorization Register;

h) Disaster and Coastal Risk Register;

i) Historical Nomenclature and Archival Register.

TITLE IX — FINAL STATE CLASSIFICATION

Article 28 — Official Findings

The State determines that Côtes-de-Fer constitutes:

a) A pre-Columbian Indigenous coastal territory;

b) A component of the ancestral southern maritime continuum of Xaragua;

c) A historical fishing, provisioning, and coastal-navigation jurisdiction;

d) A coastline historically recognized for difficult anchorage and landing;

e) A territory successively known as Boucan-Pêcheur, Côte-de-l’Enfer, Côte-de-Fer, Côtes-de-Fer, and Kòtfè;

f) A permanent agricultural and fishing community;

g) A strategic link between Aquin and Jacmel;

h) An exposed littoral requiring specialized climate, watershed, and maritime administration;

i) The Eastern Littoral Resilience, Coastal Navigation, and Dryland Production Jurisdiction of Xaragua.

Article 29 — Exclusion of Romanticized Interpretation

The flibustier and maritime history of Côtes-de-Fer shall not be represented as pirate folklore or coastal mythology.

It shall be classified according to its material functions: navigation, anchorage, landing, fishing, provisioning, maritime risk, commercial passage, armed coastal movement, and territorial occupation.

Article 30 — Permanent Status

The constitutional function, territorial unity, historical classification, maritime jurisdiction, and environmental mandate of Côtes-de-Fer are permanent.

No subordinate authority may abolish, divide, transfer, suspend, or materially diminish the status established by this Act.

Article 31 — Entry into Force

The present Supreme Organic Constitutional Act shall enter into force upon promulgation by the Rector-President.

It shall be deposited under the Supreme Seal of the State, incorporated into the territorial corpus of Xaragua, maintained by the General Archives of the State, and executed by every competent authority.

FOUNDATIONAL REFERENCES

a) United Nations Declaration on the Rights of Indigenous Peoples, Articles 3, 4, 5, 18, 19, and 25–32;

b) International Covenant on Civil and Political Rights, Article 1;

c) International Covenant on Economic, Social and Cultural Rights, Article 1;

d) American Declaration on the Rights of Indigenous Peoples, Articles III, VI, XIX, XXI, XXIII, XXV, XXVIII, and XXIX;

e) Convention on Biological Diversity, Articles 8(j) and 10(c);

f) United Nations Convention on the Law of the Sea, provisions concerning navigation, coastal administration, marine environmental protection, and maritime safety;

g) Rio Declaration on Environment and Development, Principles 10, 15, and 22;

h) Historical nomenclature and municipal data concerning Boucan-Pêcheur, Côte-de-l’Enfer, the 1843 designation, territorial composition, and coastal geography. Geographic and toponymic reference⁠�

SO CLASSIFIED, CONSTITUTED, AND ENTERED INTO THE PERMANENT TERRITORIAL, MARITIME, AND ADMINISTRATIVE ORDER OF XARAGUA.

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