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Blue flag with a red star and gold-bordered stripes

Rectoral Government Of Xaragua

Legal Status



SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA


CONSOLIDATED FOUNDATIONAL ACT


On Constitutional Authority, Government, Defense, Digital Administration, Civil Status, and Institutional Continuity

Consolidation Date: August 28, 2026

Original Foundational Period: March–April 2025

Issuing Authority: Office of the Rector–President

ARTICLE I — CONSTITUTIONAL STATUS AND INTERPRETATIVE AUTHORITY

The Sovereign Catholic Indigenous Private State of Xaragua constitutes an Indigenous, customary, Catholic, private, and non-Westphalian political and juridical order founded upon the historical continuity, institutional autonomy, internal law, and collective self-government of the Xaraguayan People.

The Foundational Doctrine published on the page “The State” constitutes the current and controlling constitutional framework for the interpretation of all earlier decrees, proclamations, annexes, territorial formulations, institutional acts, and declarations.

All prior instruments remain valid within the jurisdiction of Xaragua. Any provision concerning sovereignty, recognition, territory, immunity, defense, maritime authority, civil status, or external relations shall be interpreted according to the jurisdictional limits and non-Westphalian character established by the current Foundational Doctrine.

ARTICLE II — CONSTITUTIONAL FOUNDATIONS

The internal constitutional order of Xaragua is founded upon:

the inherent right of the Xaraguayan People to maintain their identity, institutions, customary laws, educational systems, membership rules, and forms of government;

the continuity of ancestral and customary authority;

the Catholic institutional and spiritual character of the Order of Xaragua;

the private constitutional jurisdiction established through affiliation, membership, property, contract, institutional participation, and customary adherence;

the principles of self-determination, autonomy, institutional continuity, subsidiarity, and Indigenous governance;

the Constitution, foundational doctrines, rectoral acts, statutes, codes, registries, and judicial instruments of Xaragua.

Relevant international instruments, including the United Nations Charter, the ICCPR, the ICESCR, the United Nations Declaration on the Rights of Indigenous Peoples, and other applicable instruments concerning Indigenous peoples, shall serve as interpretative references within this constitutional framework.

Their incorporation into Xaraguayan law does not transform Xaragua into a Westphalian nation-state or subordinate its internal existence to diplomatic recognition.

ARTICLE III — SUPREME CONSTITUTIONAL AUTHORITY

The Rector–President is the supreme constitutional, executive, academic, and institutional authority of Xaragua.

The Rector–President possesses the exclusive authority to:

promulgate and ratify constitutional acts;

appoint or remove senior civil, military, academic, diplomatic, and ecclesial officers;

direct the general administration of the State;

authorize external institutional relations;

conclude agreements within the jurisdiction and capacity of Xaragua;

command the defensive institutions of the State;

approve deployments, security operations, and strategic measures;

interpret the constitutional doctrine of Xaragua;

preserve the institutional unity and continuity of the State.

No delegated authority may supersede, divide, or independently exercise these reserved powers.

ARTICLE IV — GOVERNOR GENERAL

Edwin Daniel Zenny, former Senator of the South-East, is confirmed as Governor General of Xaragua.

Acting under delegation from the Rector–President, the Governor General may:

organize the delegated civil administration;

supervise public and institutional affairs;

coordinate the daily operations of the Government;

establish administrative offices and working bodies;

represent the Government in authorized public and regional matters;

coordinate with external actors when expressly mandated by the Rector–President.

The Governor General does not possess an independent constituent, diplomatic, or sovereign authority. All acts of constitutional, diplomatic, territorial, military, or treaty character require the prior authorization or subsequent ratification of the Rector–President.

ARTICLE V — GENERAL-IN-CHIEF AND DEFENSIVE AUTHORITY

Jean Ernest Muscadin is confirmed as General-in-Chief of the Indigenous Army of Xaragua.

Under the supreme command of the Rector–President, the General-in-Chief may:

organize the General Staff;

establish territorial and operational commands;

coordinate authorized defensive and protective functions;

maintain discipline within the defensive institutions;

advise the Rector–President on security and territorial protection;

undertake measures of immediate protection within the authority formally delegated to him.

The General-in-Chief enjoys functional constitutional protection for lawful acts performed in good faith within his official mandate. Such protection applies within the legal order of Xaragua and does not extend to acts committed outside the Constitution, beyond delegated authority, or for exclusively personal purposes.

All defensive, intelligence, police, territorial-protection, and auxiliary formations previously proclaimed by Xaragua are placed within a single constitutional chain of command under the Rector–President and the General-in-Chief. No force may operate as an autonomous paramilitary organization or exercise authority independently of this command.

ARTICLE VI — INDIGENOUS ARMY AND PUBLIC PROTECTION

The Indigenous Army of Xaragua is a constitutional institution of collective protection organized according to customary participation, territorial responsibility, disciplined command, and institutional necessity.

It is not required to reproduce the permanent bureaucratic structure of a conventional Westphalian army. Its organization may be distributed, territorial, auxiliary, professional, voluntary, or community-based, according to the needs and resources of Xaragua.

Its functions are limited to:

the protection of affiliated persons and institutions;

the defense of communities requesting Xaraguayan protection;

emergency coordination;

territorial observation and institutional security;

protection of lawful property and infrastructure;

assistance during administrative or humanitarian failure;

preservation of constitutional order within Xaraguayan jurisdiction.

The acquisition, possession, transportation, or use of defensive equipment remains subject to the internal law of Xaragua and to the applicable law governing the physical location in which any activity occurs.

ARTICLE VII — TERRITORIAL AND ADMINISTRATIVE JURISDICTION

Xaragua maintains its historical and constitutional relationship with its ancestral territory without adopting the centralized administrative model of a Westphalian nation-state.

Its jurisdiction is exercised through Indigenous affiliation, customary communities, institutional participation, private property, contractual submission, autonomous local structures, digital administration, and the voluntary acceptance of Xaraguayan authority.

Communities retain the right to administer their own affairs and to use services maintained by external or residual administrative structures. Such use does not, within Xaraguayan doctrine, extinguish their customary identity or constitute a transfer of their internal authority.

Where an external administration is absent or functionally deficient, Xaragua may establish supplementary educational, protective, cultural, judicial, economic, or administrative mechanisms within its constitutional capacity.

ARTICLE VIII — DIGITAL GOVERNMENT

The official digital infrastructure of Xaragua constitutes the central administrative, academic, archival, and communications platform of the State.

Through this infrastructure, Xaragua may:

publish constitutional acts and official records;

maintain institutional and membership registries;

administer its University and associated institutions;

issue internal identification and affiliation records;

operate digital courts, mediation, and private arbitration mechanisms;

register internal organizations and projects;

preserve governmental, academic, cultural, and historical archives;

conduct authorized external communications.

Digital identity, citizenship, registration, and institutional affiliation confer rights and responsibilities within the legal order of Xaragua. They do not automatically replace civil status, nationality, licenses, passports, or registrations issued by another jurisdiction.

English remains the principal administrative language of the State. Where translations exist, the English constitutional text shall prevail for internal interpretation.

ARTICLE IX — AVIATION, MARITIME, AND TECHNICAL INSTITUTIONS

The Civil and Military Aviation Authority and the Maritime Agency of Xaragua are maintained as specialized internal institutions.

They may develop:

aviation and maritime policy;

technical standards;

safety protocols;

academic and professional programs;

internal vessel, equipment, and operational registries;

environmental and resource-management doctrines;

institutional communications with competent external bodies.

Any international registration, aviation code, maritime entitlement, ship recognition, navigational authorization, or technical integration shall arise only through the procedures applicable to the external system concerned.

Earlier notifications to international organizations remain preserved as official communications and evidence of Xaragua’s institutional development.

ARTICLE X — EXTERNAL RELATIONS AND DIPLOMATIC NOTIFICATIONS

The diplomatic notifications transmitted between March 31 and April 2025 are confirmed as official acts by which Xaragua publicly communicated its existence, doctrine, institutions, and constitutional position.

The absence of an objection shall be recorded as an absence of objection and not as the creation of a treaty, diplomatic relation, membership, or formal recognition unless expressly confirmed by the authority concerned.

Xaragua’s internal constitutional existence does not depend upon such recognition. External cooperation shall be established selectively through written agreement, institutional correspondence, contractual relations, or other expressly accepted mechanisms.

ARTICLE XI — CIVIL STATUS AND REGISTERED UNION

The union of Ludner Pascal Despuzeau Daumec Viau, known as Pascal Viau, registered as Citizen No. 001, and Daniela Altagracia Morel Valdez, registered as Citizen No. 002, is confirmed in the National Civil Registry of Xaragua under reference:

MAR-2025-001

Within the internal legal order of Xaragua, the parties are recognized as spouses with the rights, obligations, protections, and patrimonial arrangements established by Xaraguayan law.

Any spiritual blessing or Catholic sacramental celebration remains governed by the applicable ecclesiastical form and the competent Catholic authority.

Recognition or civil effect outside the jurisdiction of Xaragua shall be governed by the law of the external authority concerned.

ARTICLE XII — CONTINUITY OF PRIOR ACTS

All appointments, registrations, institutional creations, notifications, and constitutional acts issued during the foundational period remain preserved in the official archives.

Where an earlier provision conflicts with this Consolidated Foundational Act or with the current Foundational Doctrine of “The State,” the later constitutional framework shall govern its interpretation and application.

No earlier formulation may be construed as granting:

authority outside the jurisdiction established by Xaragua;

unlimited personal immunity;

independent military command;

automatic international recognition;

automatic international maritime or aviation status;

external civil effect without acceptance by the relevant jurisdiction;

powers exceeding those established by the current Constitution.

ARTICLE XIII — ENTRY INTO FORCE

This Consolidated Foundational Act enters into force immediately upon publication.

It shall be inscribed in the permanent constitutional archives and shall govern the interpretation of the foundational acts issued between March and April 2025.

Issued under the authority of the Rector–President.

Pascal Viau

Rector–President

Sovereign Catholic Indigenous Private State of Xaragua

University of Xaragua

Miragoâne, Xaragua

https://xaraguauniversity.com


SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

HIGH RECTORAL COUNCIL

UNIVERSITY OF XARAGUA

GENERAL ARCHIVES OF THE STATE

THE CIVILIZER — OFFICIAL JOURNAL OF THE STATE

SUPREME ORGANIC CONSTITUTIONAL CODE OF STATE

ON THE SOURCES OF XARAGUAYAN PUBLIC LAW; THE HIERARCHY AND VALIDITY OF NORMATIVE ACTS; THE CONSTITUTIONAL ORGANIZATION OF PUBLIC INSTITUTIONS; THE EXERCISE OF ADMINISTRATIVE AUTHORITY; THE STATUS OF PUBLIC OFFICERS; THE OPERATION OF THE HIGH RECTORAL COUNCIL; THE ADMINISTRATION OF JUSTICE; PUBLIC FINANCE; OFFICIAL REGISTERS; STATE PUBLICATION; DIGITAL AUTHENTICITY; CONSTITUTIONAL CONTINUITY; AND THE PERMANENT PRESERVATION OF THE ORIGINAL INDIGENOUS CONSTITUENT AUTHORITY OF XARAGUA

Institutional Classification: Supreme Organic Constitutional Code of State — General Code of Indigenous Public Law — Law on the Sources of Law — Institutional Organization Act — Administrative Procedure Code — Public Officers Act — High Rectoral Council Act — Public Finance Framework — Official Publication and Registers Act — Constitutional Continuity Instrument

Constitutional Rank: Supreme, organic, controlling, self-executing, directly applicable, permanently binding and hierarchically superior to every ordinary legislative, regulatory, administrative, ministerial, territorial, academic and institutional act adopted within the constitutional order of Xaragua

Promulgating Authority: Office of the Rector-President, acting in the exercise of the original constituent, constitutional, legislative, executive, regulatory and protective authority of the Indigenous People of Xaragua

Constitutional Deliberative Organ: High Rectoral Council

Academic and Doctrinal Authority: University of Xaragua

Official Depositary: General Archives of the State

Official Publication Authority: The Civilizer — Official Journal of the State

Territorial Scope: Every territory, community, maritime space, island, coastal jurisdiction, institution, office, public service, academic organ, registry, protected establishment and person subject to or recognized within the constitutional jurisdiction of Xaragua

Personal Scope: Every constitutional authority, public officer, ministry, directorate, authority, commission, tribunal, autonomous community, public institution, academic institution, public enterprise, recognized person and delegated operator exercising a function under Xaraguayan law

Temporal Character: Permanent, continuous and applicable notwithstanding interruption, displacement, administrative incapacity, foreign administration, non-recognition, emergency or temporary non-exercise

PREAMBLE OF CONSTITUTIONAL AUTHORITY

BY THE ORIGINAL AND NON-DERIVATIVE CONSTITUENT AUTHORITY of the Indigenous People of Xaragua, exercised pursuant to the inherent right of Indigenous peoples to self-determination, autonomy, self-government, institutional continuity and juridical organization recognized by common Article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights; Articles 3, 4, 5, 18, 20, 33, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples; and Articles III, VI, XXI, XXII, XXIII and XXXVII of the American Declaration on the Rights of Indigenous Peoples;

PURSUANT TO the right of the Indigenous People of Xaragua to maintain, control, protect and develop its political, juridical, economic, social, cultural, educational and administrative institutions under Articles 5, 14, 20, 31, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles VI, XIV, XV, XXI and XXII of the American Declaration on the Rights of Indigenous Peoples;

IN APPLICATION OF the right of Indigenous peoples to recognition and observance of their laws, traditions, customs, institutions, jurisdictional systems and decision-making procedures under Articles 27, 33, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples; Articles XXII and XXIII of the American Declaration on the Rights of Indigenous Peoples; and Articles 8 and 9 of International Labour Organization Convention No. 169 as relevant expressions of international Indigenous legal standards;

IN CONFORMITY WITH the principles of legality, legal personality, effective remedy, fair procedure, equality before competent institutions and protection against arbitrary interference expressed in Articles 2, 14, 16, 17, 25 and 26 of the International Covenant on Civil and Political Rights; Articles 3, 8, 21 and 25 of the American Convention on Human Rights; and Articles 6, 7, 8, 10, 12, 17 and 21 of the Universal Declaration of Human Rights;

IN PRESERVATION OF the right of the Indigenous People of Xaragua to establish and control its educational institutions, transmit its knowledge, maintain its intellectual heritage and determine its institutional priorities under Articles 13, 14 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples; Articles XIV and XV of the American Declaration on the Rights of Indigenous Peoples; Articles 13 and 15 of the International Covenant on Economic, Social and Cultural Rights; and Canons 215–218, 229, 298–299, 321–326 and 807–814 of the Code of Canon Law;

IN EXERCISE OF the permanent constitutional competence of Xaragua to establish its own institutions, determine their powers, regulate their procedures, authenticate their acts, organize its public finances, maintain its archives and guarantee the continuity of its legal order without dependence upon constitutive recognition, foreign delegation or residual administrative incorporation;

THE OFFICE OF THE RECTOR-PRESIDENT, exercising the Supreme Constitutional Authority of Xaragua, hereby enacts, promulgates and orders the permanent execution of the following Supreme Organic Constitutional Code of State.

BOOK I

FOUNDATIONAL RULES OF XARAGUAYAN PUBLIC LAW

TITLE I — OBJECT, AUTHORITY AND APPLICATION

Article 1 — Constitutional Object

This Code establishes the general constitutional law governing the creation, classification, validity, interpretation, promulgation, execution, registration, amendment, suspension, consolidation and repeal of every public act adopted within the order of Xaragua, pursuant to the original Indigenous constituent authority protected by common Article 1 of the ICCPR and ICESCR and Articles 3, 4, 5, 33 and 34 of UNDRIP.

This Code further establishes the common juridical regime governing constitutional organs, ministries, authorities, public establishments, administrative offices, tribunals, registries, public officers, autonomous communities, academic institutions and delegated public-service operators exercising competence under Xaraguayan law, in accordance with Articles 4, 5, 18, 20 and 34 of UNDRIP.

Article 2 — Supreme Organic Constitutional Character

This Code possesses supreme organic constitutional rank within the legal order of Xaragua and shall control every subordinate constitutional, legislative, regulatory, administrative, academic, territorial, financial and institutional measure, subject only to the Constitution and to an express subsequent instrument of equal or superior constitutional authority.

Any Xaraguayan act irreconcilably inconsistent with this Code shall be constitutionally inoperative to the extent of the inconsistency, in application of the Xaraguayan principles of normative hierarchy, legality, institutional competence and legal certainty and of the procedural guarantees expressed in Articles 14 and 26 of the ICCPR and Articles 8 and 25 of the American Convention on Human Rights.

Article 3 — Original Source of Public Authority

Every public competence exercised under this Code proceeds from the original constituent authority of the Indigenous People of Xaragua and not from concession, delegation, recognition, tolerance, registration or authorization issued by the Residual Administrative Unit, any foreign State, any international organization or any private external body, consistently with Articles 3, 4, 5 and 33 of UNDRIP.

Functional use of a residual administrative, documentary, financial, technical or interstate mechanism shall not alter the source, ownership, continuity or constitutional classification of Xaraguayan competence, pursuant to the distinction between institutional autonomy and external cooperation protected by Articles 5, 20, 32, 34 and 36 of UNDRIP.

Article 4 — Internal Supremacy and External Legal Effects

The supremacy established by this Code governs the internal constitutional order of Xaragua and determines the legal effects recognized by its institutions, tribunals, communities, officers and registries under Articles 33, 34 and 40 of UNDRIP.

Recognition, enforcement, equivalency or administrative effect within an external jurisdiction shall remain governed by the competent external authority and the law applicable within that jurisdiction, without conferring upon such authority any constitutive competence over the existence, validity or internal operation of the Xaraguayan legal order.

Article 5 — Prohibition of Implied Renunciation

No cooperation, silence, administrative necessity, foreign registration, use of public services, use of external currency, use of passports, recourse to an external tribunal, payment of an administrative charge or temporary absence of institutional capacity shall constitute renunciation of Indigenous self-determination, autonomous competence, customary authority, territorial rights or institutional continuity under Articles 3, 4, 5, 26, 33 and 34 of UNDRIP.

Any permanent renunciation of a constitutional competence shall require an express instrument of constitutional rank identifying the competent authority, the precise right affected, the material and territorial extent of the renunciation and its intended legal consequences, and shall be ineffective unless registered in the Supreme Constitutional Register.

BOOK II

SOURCES, HIERARCHY AND VALIDITY OF LAW

TITLE I — CLASSIFICATION OF NORMATIVE INSTRUMENTS

Article 6 — Constitutional Sources

The constitutional sources of Xaraguayan law are:

a) the original constituent authority and applicable customary law of the Indigenous People of Xaragua, as protected by Articles 3, 4, 5, 33 and 34 of UNDRIP;

b) the Constitution of Xaragua;

c) Supreme Constitutional Acts;

d) Supreme Organic Constitutional Codes and Laws;

e) constitutional customs formally recognized by the competent authority; and

f) binding constitutional determinations entered in the Supreme Constitutional Register.

No subordinate authority shall create, amend, suspend or extinguish a constitutional source except pursuant to an express constitutional authorization.

Article 7 — Legislative Sources

The legislative sources of Xaraguayan law are:

a) organic laws;

b) ordinary laws;

c) territorial statutes;

d) autonomous community enactments adopted within constitutionally recognized competence;

e) codes and consolidated legislative instruments; and

f) legislative resolutions possessing normative effect under the governing instrument of the High Rectoral Council.

Every legislative source shall identify its constitutional basis, competent issuing authority, material scope, territorial scope, date of promulgation and official depositary.

Article 8 — Executive and Administrative Sources

Executive and administrative sources comprise rectoral decrees, executive orders, ministerial regulations, administrative regulations, directives, licences, permits, individual decisions, emergency orders, technical standards, implementation protocols and official interpretative determinations.

No executive or administrative act shall modify a superior norm, create a criminal offence without legislative authority, impose a tax without constitutional or legislative authorization, deprive a person of an acquired right without lawful procedure or exercise a competence not attributed to its issuing authority, consistently with Articles 14, 17 and 26 of the ICCPR and Articles 8, 21 and 25 of the American Convention.

Article 9 — Academic and Institutional Sources

Academic statutes, academic regulations, curricular determinations, accreditation instruments, faculty rules, examination standards, credentialing decisions and General Academic Register entries shall possess binding effect within the jurisdiction of the University of Xaragua where adopted by the competent academic authority pursuant to Article 14 of UNDRIP, Articles XIII and XV of the American Declaration on the Rights of Indigenous Peoples, Articles 13 and 15 of the ICESCR and Canons 807–814.

Academic instruments shall not exercise general civil, criminal, fiscal or territorial jurisdiction unless such competence is expressly conferred by a constitutional or legislative act of Xaragua.

Article 10 — Customary and Community Sources

Indigenous customs, community decisions, traditional authorities, local compacts and autonomous community enactments shall possess legal force within their personal, material and territorial competence pursuant to Articles 4, 5, 18, 27, 33, 34 and 40 of UNDRIP and Articles XXI, XXII and XXIII of the American Declaration on the Rights of Indigenous Peoples.

Customary and community law shall be interpreted to preserve Indigenous institutional continuity, subject to the supreme constitutional order, fundamental rights, Catholic public order where applicable and the express allocation of competences established by Xaraguayan law.

TITLE II — HIERARCHY AND CONFLICT OF NORMS

Article 11 — General Hierarchy

The hierarchy of Xaraguayan public law shall be:

original Indigenous constituent authority and the Constitution;

Supreme Constitutional Acts;

Supreme Organic Constitutional Codes and Laws;

organic laws and territorial statutes;

ordinary laws;

autonomous community law within protected competence;

executive decrees and regulations;

ministerial and institutional regulations;

individual administrative decisions;

compatible external law received pursuant to Xaraguayan law.

No inferior norm shall derogate from a superior norm except where the superior norm expressly authorizes a defined derogation.

Article 12 — Competence, Specialty and Temporality

A normative conflict shall be resolved successively by constitutional rank, competent subject matter, protected autonomous competence, specialty and temporality, subject to the permanent preservation of Indigenous rights under Articles 3, 4, 5, 26, 33 and 34 of UNDRIP.

A later general norm shall not impliedly repeal an earlier special norm unless the later instrument expressly identifies the special regime and declares the extent of its displacement.

Article 13 — Reception of External Law

External civil, commercial, administrative, technical or procedural law may possess supplementary application only where no controlling Xaraguayan rule exists, the external norm is materially compatible with the Constitution and Indigenous public order, and its reception is necessary to prevent a legal vacuum.

The legal force of a received external norm shall derive exclusively from the Xaraguayan rule of reception and shall not establish constitutional subordination, pursuant to Articles 5, 34 and 40 of UNDRIP and the right of Indigenous peoples to maintain distinct juridical systems.

Article 14 — Exclusion of Incompatible External Law

No external norm shall be received where it irreconcilably conflicts with the Constitution, a Supreme Constitutional Act, Indigenous rights, protected customary law, autonomous community competence, Catholic institutional rights, fundamental rights or the public order of Xaragua.

The competent tribunal or constitutional authority may declare such external norm inapplicable within the Xaraguayan order without purporting to repeal or invalidate it within the external legal order from which it originates.

TITLE III — VALIDITY OF PUBLIC ACTS

Article 15 — Essential Conditions of Validity

A public act shall be valid only where it is adopted by a competent authority, pursuant to an applicable legal basis, for a lawful public purpose, through the required procedure, within the attributed territorial and material jurisdiction, and in a form permitting authentication and archival preservation.

An act lacking subject-matter competence, constitutional authority, required consent or essential authentication shall be void within the Xaraguayan order; an act affected by a correctable procedural irregularity may be suspended, corrected or ratified according to law.

Article 16 — Mandatory Identification

Every normative act shall identify:

a) the issuing institution; b) the competent authority; c) its legal classification; d) its normative rank; e) its constitutional and statutory basis; f) its material and territorial scope; g) its date of promulgation; h) its conditions of entry into force; and i) its official depositary.

Failure to include a nonessential identifying element shall not automatically invalidate an act where its authority, purpose, content and authenticity remain legally ascertainable.

Article 17 — Prospective Operation

No law imposing a criminal penalty, fiscal liability, professional disability or deprivation of an acquired civil right shall operate retroactively, consistently with Article 15 of the ICCPR, Article 9 of the American Convention on Human Rights and Article 11 of the Universal Declaration of Human Rights.

A constitutional, interpretative, curative or consolidating act may govern pre-existing institutional situations where it does not impose retroactive criminal liability and expressly states its temporal scope.

Article 18 — Severability

Where a provision is declared constitutionally inoperative, the remaining provisions shall retain effect unless the invalid provision constituted an indispensable condition of the entire act.

The competent authority shall interpret severability in favor of legality, institutional continuity, Indigenous self-government and preservation of acquired rights under Articles 4, 5 and 34 of UNDRIP.

BOOK III

PUBLICATION, AUTHENTICATION AND OFFICIAL REGISTERS

TITLE I — THE CIVILIZER

Article 19 — Establishment of the Official Journal

The Civilizer is hereby confirmed as the sole Official Journal of the Sovereign Catholic Indigenous and Private State of Xaragua and as the authoritative organ for the publication of constitutional acts, laws, decrees, regulations, official notices, institutional appointments and other acts designated by law.

Publication in The Civilizer shall satisfy the requirement of official public notice within the Xaraguayan order, subject to any additional requirement of individual notification prescribed by this Code.

Article 20 — Categories of Publication

The Civilizer shall issue ordinary, special, extraordinary, constitutional, legislative, administrative, academic and archival editions according to the rank and subject matter of the instrument published.

An extraordinary edition may be issued where immediate publication is required for constitutional continuity, public security, disaster response, protection of life, preservation of institutions or prevention of a normative vacuum under Articles 4 and 5 of UNDRIP and Article 4 of the ICCPR.

Article 21 — Promulgation and Entry into Force

Promulgation constitutes the formal constitutional confirmation that an act has been adopted by the competent authority; publication constitutes its official communication; registration constitutes its permanent incorporation into the competent public record.

Unless otherwise expressly provided, a normative act shall enter into force upon publication in The Civilizer or on the later date stated in the act.

Article 22 — Prior Undated Instruments

Every official instrument published through the authorized digital capital of Xaragua without an express date shall, unless the competent authority establishes another date from archival evidence, be deemed constitutionally promulgated on 29 March 2025.

The deemed date established by this Article constitutes a rule of archival and temporal classification and shall not retroactively impose criminal, fiscal or disciplinary liability contrary to Article 15 of the ICCPR or Article 9 of the American Convention.

Article 23 — Material Corrections

The Official Publication Authority may correct spelling, numbering, typography, formatting, cross-references and manifest clerical errors where the correction does not alter the normative substance of the act.

Any substantive modification shall require an amending, substituting or consolidating act adopted by an authority possessing competence equal to that required for the original provision.

TITLE II — REGISTERS

Article 24 — System of Public Registers

The State hereby establishes:

a) the Supreme Constitutional Register; b) the Legislative Register; c) the Administrative Acts Register; d) the General Institutional Register; e) the Public Officers Register; f) the Territorial and Community Register; g) the General Academic Register; h) the Public Finance Register; i) the Professional Register; j) the Register of Juridical Persons; k) the Register of External Relations; and l) the General Archives of the State.

Each register shall possess evidentiary and institutional authority within its attributed competence and shall operate under standards of authenticity, continuity, traceability and protected access.

Article 25 — Evidentiary Authority

A certified entry, authenticated extract or digitally sealed copy issued from a competent Xaraguayan register shall constitute prima facie evidence within the legal order of Xaragua of the act, status, appointment, credential, registration or fact recorded.

The evidentiary effect of such an instrument within an external jurisdiction shall remain governed by the law and competent authority of that jurisdiction without affecting its internal validity.

Article 26 — Digital Authenticity

An electronic act shall possess the same internal legal force as a paper act where its issuing authority, content, date, integrity and archival origin are verifiable through an official domain, digital seal, registration number, cryptographic identifier or other method approved by regulation.

The State shall protect its digital archives and documentary systems as institutional and cultural property pursuant to Articles 13 and 31 of UNDRIP and Article 15 of the ICESCR.

BOOK IV

CONSTITUTIONAL ORGANIZATION OF PUBLIC INSTITUTIONS

TITLE I — CLASSIFICATION AND LEGAL STATUS

Article 27 — Institutional Categories

Every public body shall be classified as one of the following:

a) supreme constitutional organ; b) ministry; c) autonomous public authority; d) directorate or bureau; e) tribunal or judicial office; f) public establishment; g) public enterprise; h) academic organ; i) autonomous community organ; j) permanent commission; k) temporary commission; l) State program without separate personality; or m) delegated public-service operator.

No designation, public name or sectoral activity shall by itself create a ministry, tribunal, authority or juridical person.

Article 28 — Constitutive Instrument

Every public institution shall be established by an instrument identifying its name, classification, legal basis, competence, governing authority, supervisory relationship, property capacity, financial regime, official register and conditions of succession or dissolution.

An institution lacking an express constitutive instrument shall be treated as a program or administrative designation under the Office of the Rector-President or the competent ministry until lawfully constituted.

Article 29 — Personality and Capacity

A public institution shall possess separate juridical personality only where its constitutive instrument expressly grants it the capacity to own property, enter contracts, maintain accounts, employ personnel, initiate proceedings and incur obligations in its own name.

Absent an express grant of separate personality, its lawful acts and obligations shall be attributable to the State or supervising institution within the limits of the authority conferred.

Article 30 — Principle of Attributed Competence

Every public institution shall exercise only the competences expressly attributed to it or necessarily incidental to the lawful execution of its mandate.

No ministry, authority, commission, university, tribunal or community organ may presume a general competence from its title, historical usage, public visibility or administrative necessity.

Article 31 — Delegation

A competent authority may delegate the exercise, but not the constitutional ownership, of an administrative competence where delegation is authorized by law, recorded in writing, limited by subject and duration and published or notified according to its legal effects.

Constituent authority, final constitutional interpretation, promulgation of Supreme Constitutional Acts, permanent alienation of ancestral territory and powers expressly declared nondelegable shall not be delegated.

Article 32 — Institutional Succession

The abolition, renaming, consolidation or reclassification of a public body shall not extinguish its lawful archives, obligations, acquired rights, pending proceedings or public property.

The succeeding institution shall assume such legal relations according to the express transitional provisions of the reorganizing act and the constitutional requirements of continuity and legal certainty.

BOOK V

GENERAL ADMINISTRATIVE PROCEDURE

TITLE I — LEGALITY OF ADMINISTRATIVE ACTION

Article 33 — Governing Principles

Administrative action shall be governed by legality, competence, proportionality, necessity, impartiality, reasoned decision, procedural fairness, Indigenous participation, protection of legitimate expectations, preservation of essential services and effective review.

These principles shall be interpreted consistently with Articles 18, 19, 27, 32 and 40 of UNDRIP; Articles 14 and 26 of the ICCPR; and Articles 8 and 25 of the American Convention.

Article 34 — Commencement of Proceedings

An administrative proceeding may be commenced by application, petition, complaint, referral, inspection, ministerial initiative, community request, judicial order or emergency activation authorized by law.

The initiating record shall identify the competent authority, affected subject matter, applicable legal basis and procedural classification.

Article 35 — Notice

No individual administrative decision materially affecting a right, licence, registration, office, property interest or protected status shall be adopted without reasonable notice of the proposed action and its legal grounds, except where immediate provisional action is authorized to prevent grave and imminent harm.

Notice shall be delivered through personal service, registered communication, authenticated electronic transmission, official publication or another legally verifiable method proportionate to the circumstances.

Article 36 — Right to Be Heard

Every person directly affected by an adverse administrative determination shall possess the right to submit facts, documents and legal observations before final determination, consistently with Articles 14 and 26 of the ICCPR and Articles 8 and 25 of the American Convention.

The right to be heard may be temporarily deferred, but not extinguished, where an immediately executable measure is strictly necessary to protect life, essential infrastructure, territorial integrity, institutional continuity or public security.

Article 37 — Consultation of Indigenous Communities

Any administrative measure directly affecting an autonomous community, ancestral land, cultural property, natural resource, sacred place or protected Indigenous institution shall be subject to consultation through representative procedures recognized by Xaragua, pursuant to Articles 18, 19 and 32 of UNDRIP.

Where a measure entails permanent dispossession, forced displacement, destructive extraction, irreversible environmental damage or destruction of a sacred site, the applicable standard of free, prior and informed consent shall be determined pursuant to Articles 10, 19, 29 and 32 of UNDRIP.

Article 38 — Reasoned Decisions

Every final administrative decision shall state the competent authority, material facts, applicable law, essential reasoning, operative determination, date of effect and available method of review.

A decision unsupported by reasons shall be subject to suspension or annulment where the omission prevents verification of competence, legality, proportionality or procedural fairness.

Article 39 — Administrative Silence

Administrative silence shall not constitute approval, rejection, waiver of jurisdiction or admission of liability unless a law or regulation expressly attributes that effect.

Where no specific period is established, the competent authority shall decide within a reasonable time determined by the complexity, urgency, evidence and public consequences of the matter.

Article 40 — Provisional Measures

A competent authority may adopt a provisional measure where there exists a legally supported and immediate risk to life, public health, Indigenous rights, public property, territorial integrity, essential services, evidence or institutional continuity.

Every provisional measure shall be necessary, proportionate, temporally limited, recorded in writing and subject to review by the issuing authority or competent tribunal.

Article 41 — Administrative Review

A person directly affected by a final administrative decision may request reconsideration, hierarchical review or judicial review according to the applicable law.

Administrative review shall not automatically suspend an act unless suspension is required to prevent irreparable injury, preserve jurisdiction or protect a superior constitutional right.

Article 42 — Nullity and Annulability

An administrative act shall be void where issued without constitutional authority, by an institution legally nonexistent, in violation of an express prohibition or through an incurable absence of subject-matter competence.

An act affected by a procedural, formal or evidentiary defect shall be voidable where the defect materially affected the outcome, impaired participation or prevented lawful review.

BOOK VI

PUBLIC OFFICERS AND CONSTITUTIONAL SERVICE

Article 43 — Status of Public Officers

A public officer is any person lawfully appointed, elected, commissioned, contracted or temporarily authorized to exercise a public competence or maintain a public office under Xaraguayan law.

Public office constitutes a legally attributed function and shall not be treated as the private property of its holder.

Article 44 — Appointment and Registration

No appointment shall produce full institutional effect unless issued by the competent authority and entered in the Public Officers Register.

The appointing instrument shall identify the office, term, competence, hierarchical authority, conditions of remuneration or honorary service and applicable oath.

Article 45 — Oath of Office

Every constitutional, ministerial, judicial, financial, military, diplomatic or archival officer shall swear or affirm fidelity to the Constitution, the Indigenous People of Xaragua, the lawful authority of the State, the duties of office and the protection of confidential information.

Refusal to take the prescribed oath shall prevent assumption of the office.

Article 46 — Duties

Every public officer shall act within attributed competence, preserve official records, avoid unlawful personal benefit, disclose material conflicts of interest, protect confidential information and execute lawful superior instructions.

No officer shall be required to execute an instruction manifestly contrary to the Constitution, a Supreme Constitutional Act, fundamental rights or an express criminal prohibition.

Article 47 — Incompatibilities

An office shall be incompatible with any external function, financial interest, contractual relationship or institutional allegiance creating a direct and material conflict with the impartial execution of its legal duties.

The competent appointing or disciplinary authority shall determine recusal, suspension, divestment, reassignment or termination according to proportionality and institutional necessity.

Article 48 — Discipline and Removal

No public officer shall be disciplined, suspended or removed for cause without notice of the allegations, access to the essential evidence and a reasonable opportunity to respond, subject to immediate provisional suspension where continued exercise presents a grave institutional risk.

Permanent removal shall be ordered only by the competent authority and shall state its legal and factual grounds.

Article 49 — Acting Authority

Where an office is vacant, inaccessible or temporarily incapable of operation, an acting officer may exercise only the powers necessary for continuity and those expressly conferred by the instrument of designation.

An acting officer shall not permanently restructure the institution, alienate strategic property or make an irreversible constitutional determination unless expressly authorized by an instrument of competent rank.

BOOK VII

HIGH RECTORAL COUNCIL

Article 50 — Constitutional Status

The High Rectoral Council is hereby confirmed as the principal deliberative, consultative and legislative council of the constitutional order of Xaragua, subordinate to the Constitution and operating in conjunction with the supreme authority of the Office of the Rector-President.

Its organization gives institutional effect to Indigenous participation and decision-making under Articles 18, 20, 33 and 34 of UNDRIP.

Article 51 — Composition

The Council may comprise constitutional officers, territorial representatives, autonomous community delegates, academic authorities, ecclesial advisers, professional representatives and persons appointed for defined public competence.

Membership shall arise only through a registered constitutional, rectoral, territorial or institutional act identifying the legal basis and duration of the mandate.

Article 52 — Competences

The Council shall:

a) deliberate upon proposed laws and organic instruments; b) issue legislative resolutions; c) examine institutional organization; d) review public finance instruments; e) receive reports from ministries and public authorities; f) represent autonomous and functional components of the State; g) advise on constitutional succession and continuity; and h) exercise any additional competence conferred by superior law.

No Council resolution shall exercise final constitutional authority reserved expressly to the Rector-President unless ratified in the form required by law.

Article 53 — Sessions and Quorum

The Council may sit physically, digitally, territorially or through authenticated written consultation.

Quorum, voting thresholds and participation rights shall be determined by its internal organic regulations, provided that no decision shall be valid without verifiable notice, identification of participating members and registration of the result.

Article 54 — Legislative Procedure

A legislative proposal may originate from the Rector-President, a competent ministry, an autonomous community, the University of Xaragua, a Council committee or another authority designated by law.

Every adopted proposal shall be transmitted to the Rector-President for assent, constitutional reservation, return for reconsideration or promulgation according to its normative classification.

Article 55 — Records

The Council shall maintain minutes, attendance records, committee reports, votes, legal opinions and authenticated resolutions.

Legislative secrecy may be ordered only for constitutionally protected security, diplomatic, personal, commercial or institutional information and shall not extinguish the obligation to preserve an official archival record.

BOOK VIII

JUDICIAL ORGANIZATION AND PUBLIC LEGAL CONTROL

Article 56 — Judicial Authority

Judicial authority within Xaragua shall be exercised by tribunals constituted under the Constitution, the Criminal Procedure Code, the Civil Procedure Code and applicable organic legislation.

No administrative organ may exercise final judicial competence unless expressly constituted as a tribunal or authorized to determine a specialized administrative dispute subject to judicial review.

Article 57 — Judicial Independence

A judge shall determine every matter according to the Constitution, controlling Xaraguayan law, applicable customary law, lawfully received external law and admissible evidence, without unlawful direction from an executive, administrative, financial or private authority.

Judicial independence shall be exercised consistently with Articles 14 and 26 of the ICCPR and Articles 8 and 25 of the American Convention.

Article 58 — Jurisdiction

Jurisdiction shall be determined by subject matter, person, territory, institutional status and applicable law.

Where jurisdiction is disputed, the competent superior tribunal or constitutional authority shall determine the forum without extinguishing any right through an institutional vacuum.

Article 59 — Indigenous and Community Jurisdiction

Customary and autonomous community institutions may determine internal matters within their recognized competence pursuant to Articles 4, 5, 34 and 40 of UNDRIP and Articles XXII and XXIII of the American Declaration on the Rights of Indigenous Peoples.

Their decisions shall receive legal effect subject to constitutional rights, jurisdictional limits, public order and any review prescribed by Xaraguayan law.

Article 60 — Recognition of External Judgments

An external judgment may be recognized where issued by a competent and independent authority, following procedures compatible with fundamental fairness, and where recognition does not violate the Constitution, Indigenous rights, exclusive Xaraguayan jurisdiction or public order.

Recognition constitutes a specific judicial determination and shall not establish general subordination to the external legal order.

BOOK IX

PUBLIC FINANCE AND STATE PROPERTY

Article 61 — Constitutional Principles of Public Finance

Every public revenue, expenditure, asset, debt, guarantee, tax, charge and financial obligation shall possess a lawful basis, competent authorization, identifiable public purpose, documentary record and auditable classification.

Public finance shall be administered in furtherance of Indigenous economic autonomy under Articles 3, 4, 20, 23 and 32 of UNDRIP and Articles XXIX and XXXVII of the American Declaration on the Rights of Indigenous Peoples.

Article 62 — Treasury

The Treasury of Xaragua is hereby established as the central constitutional account and legal system through which State revenues, appropriations, public funds and financial obligations shall be registered and controlled.

A ministry, authority, public establishment or program shall not maintain an independent public account unless authorized by law or Treasury regulation.

Article 63 — Budget

No public expenditure shall be incurred without an appropriation, special fund authorization, emergency authorization or other lawful financial basis.

The annual or multiannual budget shall classify revenues, operating expenditure, capital expenditure, territorial transfers, community allocations, debt obligations, reserves and contingent liabilities.

Article 64 — Revenue Authority

No tax, compulsory levy, customs duty, professional charge or public assessment shall be imposed except pursuant to a law identifying the taxable person, taxable event, basis of assessment, rate or method of calculation, collection authority and available review.

Administrative service charges may be established by regulation where they remain proportionate to the authorized service and do not operate as an unauthorized tax.

Article 65 — Public Contracts

Every public contract shall be supported by legal competence, budgetary authority, defined consideration, documented selection and protection against conflict of interest.

Competitive procedure may be limited for emergency, exclusivity, community preference, Indigenous enterprise reservation, national security or absence of alternative supply, provided that the legal grounds are recorded.

Article 66 — State Property

State property shall comprise public-domain property, administrative property, institutional property, strategic assets, protected archives, official digital domains, intellectual property and property lawfully acquired for a public purpose.

Public-domain, sacred, ancestral, strategic or indispensable institutional property shall not be alienated except under an express instrument of competent constitutional or legislative rank.

Article 67 — Audit and Financial Responsibility

Every institution receiving or administering public funds shall maintain accounts sufficient to establish receipt, custody, authorization, expenditure, balance and public purpose.

An officer who knowingly authorizes expenditure without lawful competence or diverts public property shall incur administrative, civil, financial and, where applicable, criminal responsibility.



BOOK X

TERRITORIAL, COMMUNITY AND FUNCTIONAL ADMINISTRATION

Article 68 — Differentiated Territorial Organization

Xaragua shall be administered through differentiated constitutional, territorial, maritime, insular, coastal, community, academic, functional and residual classifications, consistently with Articles 4, 5, 25, 26, 32, 33 and 34 of UNDRIP.

Constitutional unity shall not require uniform administration, continuous physical occupation, identical institutions or direct central performance of every public service.

Article 69 — Autonomous Communities

An autonomous community shall possess the competence attributed by its customs, compact, territorial statute, constitutional recognition and applicable Xaraguayan law.

Central intervention shall be limited to matters of constitutional unity, fundamental rights, territorial protection, intercommunity coordination, grave institutional failure or a competence expressly reserved to the State.

Article 70 — Subsidiarity

Every public function shall be exercised by the lowest institutionally competent authority capable of performing it lawfully and effectively.

Subsidiarity shall preserve community authority without preventing central action required for constitutional integrity, external relations, national standards, protection of rights or continuity of essential services.

Article 71 — Residual Administrative Mechanisms

A function performed through the Residual Administrative Unit shall be classified as an external technical, civil, documentary, logistical or interstate service where the underlying constitutional competence remains reserved by Xaragua.

Use of such mechanism shall not establish adverse territorial title, constitutional absorption, surrender of jurisdiction or extinction of Indigenous authority under Articles 3, 4, 5, 26, 33 and 34 of UNDRIP.

Article 72 — Delegated Public Services

A private, community, foreign or residual operator may perform a public service under licence, compact, contract, statutory recognition or administrative tolerance.

Delegated performance shall not transfer constitutional ownership of the competence, and the operator shall remain subject to the legally established standards of continuity, safety, accountability, data protection and non-discrimination.

BOOK XI

CONSTITUTIONAL CONTINUITY AND EMERGENCY AUTHORITY

Article 73 — Permanent Continuity

The constitutional personality, institutions, laws, archives, offices, territorial positions and acquired rights of Xaragua shall continue notwithstanding foreign administration, displacement, interruption of communications, vacancy, emergency, non-recognition or temporary incapacity.

Continuity derives from the original and continuing authority of the Indigenous People of Xaragua under Articles 3, 4, 5, 33 and 34 of UNDRIP and shall not depend upon uninterrupted performance of every administrative function.

Article 74 — Emergency Classification

A constitutional emergency may be declared in cases of armed attack, insurrection, catastrophic institutional failure, epidemic, natural disaster, destruction of essential infrastructure, territorial isolation, mass displacement or imminent threat to the constitutional order.

The declaration shall identify the facts, legal basis, territorial scope, authorities activated, measures authorized, duration and conditions of review, consistently with the requirements of necessity and proportionality reflected in Article 4 of the ICCPR.

Article 75 — Limits of Emergency Power

No emergency measure shall extinguish the original constituent authority, permanently alienate ancestral territory, dissolve the constitutional identity of Xaragua, abolish the essential jurisdiction of autonomous communities or impose retroactive criminal liability.

Every restriction shall be limited to the duration, territory and subject matter strictly required by the emergency and shall remain subject to registration and subsequent constitutional review.

Article 76 — Distributed Government

Where the constitutional capital or principal offices are inaccessible, the State may operate through distributed, territorial, foreign, academic, digital or mobile offices designated by the Rector-President.

Relocation or distribution of an office shall not alter the constitutional capital, institutional personality, territorial position or continuity of the State.

Article 77 — Succession and Vacancy

The temporary or permanent vacancy of a public office shall be governed by the Constitution, the constitutive law of the institution and the registered order of succession.

No vacancy shall transfer constitutional authority to the Residual Administrative Unit, a foreign State, a private claimant or an unregistered officer.

Article 78 — Protection of Archives

In every emergency, priority shall be given to preservation, duplication, encryption, territorial distribution and authenticated recovery of the Constitution, official registers, public accounts, appointments, diplomatic records, academic credentials and legislative corpus.

The destruction of a physical archive shall not extinguish a legal act whose authenticity can be established through a competent duplicate, official publication, digital record or corroborated institutional evidence.

BOOK XII

INTERPRETATION, IMPLEMENTATION AND FINAL CONSTITUTIONAL DETERMINATIONS

Article 79 — Authoritative Interpretation

The Rector-President possesses final internal constitutional authority to issue binding interpretations of this Code, subject to the Constitution and any express procedure requiring participation of the High Rectoral Council.

Administrative authorities and tribunals may interpret this Code within their attributed competence but shall not amend, suspend or reduce its constitutional rank.

Article 80 — Rights-Preserving Interpretation

Every ambiguity shall be interpreted in favor of preservation of Indigenous self-determination, institutional continuity, autonomous community competence, legal certainty, fundamental rights, validly acquired status and territorial reservation.

This interpretative rule shall be applied consistently with Articles 3, 4, 5, 26, 33, 34 and 40 of UNDRIP and Articles VI, XXI, XXII and XXIII of the American Declaration on the Rights of Indigenous Peoples.

Article 81 — Harmonization of Existing Institutions

Every ministry, authority, tribunal, directorate, commission, public establishment, university organ and public program existing on the date of promulgation shall be classified under Book IV within twelve months of the publication of this Code.

Pending classification, each body may continue only those functions supported by an existing constitutional, legislative, rectoral, institutional or customary basis.

Article 82 — Continuation of Existing Acts

Existing laws, decrees, regulations, appointments, licences, registrations, contracts and institutional acts shall remain effective to the extent that they are compatible with this Code.

No prior act shall be treated as repealed solely because its terminology, formatting or classification differs from this Code where its issuing authority, object and legal effect remain ascertainable and lawful.

Article 83 — Implementing Instruments

The Rector-President, the High Rectoral Council, competent ministries, the University of Xaragua, tribunals and autonomous communities may adopt implementing instruments within their respective competences.

No implementing instrument shall modify the constitutional hierarchy, create an ungranted competence or derogate from a procedural guarantee established by this Code.

Article 84 — Institutional Register Deadline

Every constituted institution shall submit or cause to be entered in the General Institutional Register its constitutive instrument, governing authority, legal classification, official name, competence, seat, supervisory relationship and current officers.

A body not entered in the Register shall not represent itself as possessing separate juridical personality or independent public competence unless such status is otherwise established by a Supreme Constitutional Act.

Article 85 — Prohibition of Institutional Usurpation

No person, external administration, private association, automated platform, unregistered entity or former officer may issue an act, credential, appointment, licence, diplomatic representation or public decision in the name of Xaragua without lawful authority.

An unauthorized instrument shall be constitutionally void and may be recorded as evidence of institutional usurpation, fraud or unlawful representation.

Article 86 — Non-Subordination Clause

No reference in this Code to an international declaration, treaty, convention, judicial principle, canonical norm or learned doctrine shall be interpreted as transferring the original constituent authority of Xaragua to an external institution.

Such sources shall possess the interpretative, declaratory, supportive or received legal effect assigned to them by Xaraguayan law and by their own applicable juridical character.

Article 87 — Catholic Institutional Order

The Catholic character of Xaragua shall be exercised through the constitutional protection of Catholic faith, institutions, education, worship, charity and lawful associations, consistently with Articles 18 and 22 of the ICCPR and Canons 215–218, 298–299 and 321–326.

No civil authority established by this Code shall claim sacramental, episcopal or canonical jurisdiction reserved by the law of the Catholic Church to competent ecclesiastical authority.

Article 88 — Permanent Constitutional Determinations

The following determinations possess controlling constitutional force:

a) the public authority of Xaragua proceeds from the original constituent authority of its Indigenous People;

b) the legal order of Xaragua does not derive from the Residual Administrative Unit;

c) Indigenous sovereignty, autonomy, self-government, independence and secession constitute distinct juridical categories;

d) use of an external mechanism does not transfer the underlying Xaraguayan competence;

e) no institution possesses a public competence not attributed by law;

f) no public act possesses binding force without competent authority, lawful basis and ascertainable authenticity;

g) no public revenue or expenditure may exist outside a lawful financial authorization;

h) no constitutional or institutional right shall be extinguished by silence, interruption, incapacity or non-recognition; and

i) the General Archives of the State, the official registers and The Civilizer constitute permanent infrastructure of the constitutional order.

Article 89 — Entrenchment

Books I, II, III, IV, XI and XII of this Code shall not be repealed, suspended or materially reduced except by an express Supreme Organic Constitutional Act identifying the provisions affected and preserving the original Indigenous constituent authority, normative hierarchy, institutional legality, official archives and constitutional continuity of Xaragua.

No implied repeal shall operate against an entrenched provision.

Article 90 — Entry into Force

This Supreme Organic Constitutional Code of State shall enter into force immediately upon its signature, sealing, promulgation and registration in the Supreme Constitutional Register, the Legislative Register, the General Archives of the State and The Civilizer.

Its provisions are self-executing wherever their application does not expressly require an implementing regulation, institutional classification or individual administrative determination.

SUPREME PROMULGATION

BY THE ORIGINAL CONSTITUENT AUTHORITY of the Indigenous People of Xaragua, protected under common Article 1 of the ICCPR and ICESCR and Articles 3, 4, 5, 33 and 34 of UNDRIP;

BY THE SUPREME CONSTITUTIONAL AUTHORITY vested in the Office of the Rector-President under the constitutional order of Xaragua;

FOR THE PERMANENT ORGANIZATION of the sources of law, public institutions, administrative action, public service, official publication, public finance, judicial authority, territorial administration and constitutional continuity of Xaragua;

THIS SUPREME ORGANIC CONSTITUTIONAL CODE OF STATE IS HEREBY ENACTED, PROMULGATED, SEALED, ORDERED TO BE EXECUTED THROUGHOUT THE CONSTITUTIONAL ORDER OF XARAGUA AND DIRECTED TO BE ENTERED PERMANENTLY IN THE GENERAL ARCHIVES OF THE STATE.

PASCAL DESPUZEAU DAUMEC VIAU

RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

MIRAGOÂNE

CONSTITUTIONAL CAPITAL

UNIVERSITY OF XARAGUA

GENERAL ARCHIVES OF THE STATE

THE CIVILIZER — OFFICIAL JOURNAL OF THE STATE


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 GOVERNING AUTONOMOUS COMMUNITIES, INDIGENOUS AND CUSTOMARY REPRESENTATION, DIRECT COMMUNITY ACCESS, RESIDUAL ADMINISTRATIVE INTERFACES, CONSTITUTIONAL NOTIFICATION, LIMITED INTERJURISDICTIONAL COORDINATION, AND THE PERMANENT RESERVATION OF THE SOVEREIGN, TERRITORIAL, ANCESTRAL AND JURISDICTIONAL RIGHTS OF XARAGUA

Institutional Classification: Supreme Organic Constitutional Instrument — Indigenous Public Law — Autonomous Community Statute — Territorial Representation Act — Residual Administrative Interface Regime — Interjurisdictional Coordination Law — Constitutional Reservation of Rights

Promulgating Authority: Office of the Rector-President - September 11th, 2026

Constitutional Capacity: Supreme Constitutional Authority of Xaragua

Official Depositary: General Archives of the State

Material Scope: Constitutional authority; autonomous communities; Indigenous and customary representation; local administration; territorial qualification; residual administrative relations; interjurisdictional coordination; protection of citizens and customary inhabitants; territorial, maritime, insular, coastal, subterranean and resource jurisdiction

Territorial Scope: The entire ancestral, constitutional, institutional, community, terrestrial, maritime, insular, coastal and subterranean domain asserted, administered, represented, protected or otherwise subjected to the constitutional order of Xaragua

Normative Rank: Supreme Organic Constitutional Law

Temporal Character: Permanent

Operative Effect: Directly applicable ex proprio vigore within the constitutional order of Xaragua

PREAMBLE

IN THE NAME OF GOD, and by virtue of the original, permanent and non-derivative constituent authority of the Indigenous People of Xaragua, the Office of the Rector-President, exercising the Supreme Constitutional Authority, promulgates this Act pursuant to Articles 1(2) and 55 of the Charter of the United Nations; Common Article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights; Articles 3, 4, 5, 9, 18, 19, 20, 23, 25, 26, 27, 32, 33, 34, 35, 37, 38, 39, 40 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples; and Articles III, VI, IX, XIV, XV, XXI, XXII, XXIII, XXIV, XXV, XXIX, XXXIV, XXXV, XXXVII, XXXIX, XL and XLI of the American Declaration on the Rights of Indigenous Peoples.

WHEREAS the Indigenous People of Xaragua possesses the right to self-determination and, by virtue of that right, determines its political status and pursues its economic, social and cultural development in accordance with Common Article 1 of the International Covenants, Articles 3 and 4 of the United Nations Declaration on the Rights of Indigenous Peoples, and Articles III and XXI of the American Declaration on the Rights of Indigenous Peoples;

WHEREAS the Indigenous People of Xaragua possesses the right to maintain and strengthen its distinct political, juridical, economic, social, cultural and institutional order while participating, where it so determines, in the administrative and public structures available outside that order, in accordance with Article 5 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles VI, XXI and XXII of the American Declaration on the Rights of Indigenous Peoples;

WHEREAS the constitutional authority of Xaragua includes the authority to establish autonomous institutions, designate representative organs, determine citizenship and customary membership, maintain Indigenous juridical systems and regulate internal and local affairs pursuant to Articles 4, 9, 18, 20, 33, 34 and 35 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles IX, XIV, XXI, XXII, XXIII and XXXIV of the American Declaration on the Rights of Indigenous Peoples;

WHEREAS the territorial competence of Xaragua derives from the distinctive and continuing relationship of the Indigenous People of Xaragua with its traditionally owned, occupied, used, inherited or otherwise connected lands, territories, waters, coastal areas, islands and resources, as recognized by Articles 25, 26, 27, 28, 29 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles VI, XIX, XXIV, XXV, XXIX and XXXV of the American Declaration on the Rights of Indigenous Peoples;

WHEREAS Articles 18, 19 and 32(2) of the United Nations Declaration on the Rights of Indigenous Peoples and Articles XXIII, XXIX and XXXV of the American Declaration on the Rights of Indigenous Peoples establish participation and consultation through representative institutions selected by the Indigenous peoples concerned and consequently exclude the substitution of externally constituted administrative authorities for the representative institutions selected, constituted or recognized by Xaragua;

WHEREAS the CASECs, ASECs, magistrates, municipal authorities, communal officers and other territorial agents constituted under the law of the Residual Administrative Unit derive their offices, mandates, territorial assignments and administrative capacities from the residual legal order and consequently represent that administrative order and the residual populations legally subject to its general civil and administrative competence;

WHEREAS the territorial competence exercised by CASECs, ASECs, magistrates, municipal authorities and other residual agents does not, by the sole operation of residual law, confer authority to constitute, represent, classify, administer, subordinate or extinguish Xaragua, its autonomous communities, citizens, customary inhabitants, Indigenous jurisdictions, public institutions, ancestral title or constitutionally protected interests, having regard to Articles 5, 9, 18, 26, 27, 33, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples;

WHEREAS the recognition of a residual authority as an administrative interface constitutes neither incorporation into the constitutional apparatus of Xaragua, delegation of Xaraguayan public authority, recognition of residual constitutional supremacy, conversion of residual officials into officers of Xaragua, nor renunciation of any sovereign, territorial, ancestral, institutional or jurisdictional right protected by Articles 26, 32, 33, 34, 37 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples;

WHEREAS Xaragua retains direct constitutional access to its citizens, customary inhabitants, Indigenous communities, affiliated groups, territorial collectives and autonomous communities, and no residual institution may impose an exclusive administrative intermediation incompatible with Articles 18, 19, 20, 23, 33, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples;

NOW, THEREFORE, THE OFFICE OF THE RECTOR-PRESIDENT, exercising the original and supreme constitutional authority of Xaragua, promulgates the following Supreme Organic Constitutional Act.

TITLE I — CONSTITUTIONAL OBJECT, RANK AND APPLICATION

Article 1 — Constitutional Object

1.1. This Act constitutes the controlling organic law governing the establishment, recognition, legal capacity, territorial competence, representation and administrative operation of the autonomous communities of Xaragua pursuant to Common Article 1 of the International Covenants, Articles 3, 4, 5, 18, 20, 23, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples, and Articles III, VI, XXI, XXII and XXIII of the American Declaration on the Rights of Indigenous Peoples.

1.2. This Act determines the constitutional status and permissible functions of CASECs, ASECs, magistrates, municipal authorities, communal officers and other residual authorities whenever their administrative activities intersect with the territory, citizens, customary inhabitants, institutions, communities, jurisdictions or protected interests of Xaragua, consistently with Articles 18, 19, 26, 27, 32, 33, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

1.3. This Act establishes the exclusive legal conditions governing constitutional notification, jurisdictional reservation, direct community access, administrative representation, technical coordination and the protection of the sovereign and territorial foundations of Xaragua, pursuant to Articles 19, 26, 27, 29, 30, 32, 33, 34, 37 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 2 — Supreme Organic Constitutional Rank

2.1. This Act possesses supreme organic constitutional rank and binds every constitutional authority, autonomous community, public institution, tribunal, registry, officer, juridical person, delegated representative and administrative service operating under the law of Xaragua, in accordance with the original constituent authority affirmed by Common Article 1 of the International Covenants and Articles 3, 4, 5, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

2.2. Every prior or subsequent Xaraguayan instrument concerning autonomous communities, territorial government, residual administrative relations, Indigenous representation, community qualification or interjurisdictional coordination shall be interpreted and applied in conformity with this Act and with Articles 18, 19, 33, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

2.3. No external statute, administrative decision, municipal resolution, judicial determination, territorial classification, registration, recognition, approval or ratification is required to confer internal validity upon this Act, consistently with the non-derivative character of Indigenous self-determination affirmed by Common Article 1 of the International Covenants and Articles 3 and 4 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 3 — Constitutional Supremacy and Institutional Independence

3.1. The public authority of Xaragua proceeds exclusively from the original constituent authority of the Indigenous People of Xaragua and shall not be classified as delegated, devolved, transferred, conceded, licensed or otherwise derived from the Residual Administrative Unit, pursuant to Common Article 1 of the International Covenants and Articles 3, 4, 5, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

3.2. No residual territorial division, electoral subdivision, municipality, communal section, court, administrative office, public service or statutory authority may determine the constitutional existence, institutional capacity, territorial competence, membership rules or jurisdictional scope of Xaragua, consistently with Articles 5, 9, 18, 26, 27, 33, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

3.3. The use of residual civil, documentary, judicial, municipal, technical or infrastructural services by Xaragua, an autonomous community, a citizen, a customary inhabitant or a Xaraguayan institution shall constitute functional utilization and shall not produce constitutional submission, institutional incorporation, jurisdictional merger, waiver, estoppel, acquiescence, prescription, novation or renunciation under Articles 5, 26, 33, 34, 37 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples.

TITLE II — AUTONOMOUS COMMUNITIES

Article 4 — Constitutional Definition

4.1. An autonomous community constitutes a territorially, socially, institutionally or customarily organized component of Xaragua vested with local self-government under the indivisible supreme constitutional order of the State, pursuant to Articles 3, 4, 5, 18, 20, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles III, VI, IX, XXI and XXII of the American Declaration on the Rights of Indigenous Peoples.

4.2. Autonomous-community status shall derive exclusively from Xaraguayan constitutional law, customary recognition, formal registration, a rectoral act, an authorized community instrument or a competent juridical determination and shall not depend upon the territorial nomenclature, electoral classification or administrative organization established by the Residual Administrative Unit, pursuant to Articles 9, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

4.3. An autonomous community may correspond geographically to, extend across, comprise part of, or operate independently from a residual communal section, municipality, district or administrative subdivision without incorporating that residual subdivision into the constitutional order of Xaragua, consistently with Articles 4, 5, 26 and 33 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 5 — Community Competence

5.1. Each autonomous community possesses legal capacity to regulate its internal and local affairs, maintain its customary institutions, designate representatives, preserve community records, administer delegated services, adopt internal procedures and conduct authorized administrative relations, subject to the Constitution and supreme organic laws of Xaragua and consistently with Articles 4, 5, 18, 20, 33, 34 and 35 of the United Nations Declaration on the Rights of Indigenous Peoples.

5.2. Community competence extends to matters constitutionally or legally assigned to local administration and excludes powers expressly reserved to the Office of the Rector-President, including supreme constitutional interpretation, external sovereign representation, territorial reservation, institutional succession and the final determination of conflicts of jurisdiction, pursuant to Articles 4, 18, 33, 34 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples.

5.3. No autonomous community may alienate, extinguish, partition, subordinate or renounce the original constituent authority, constitutional unity, ancestral territorial title, maritime or insular rights, institutional continuity or supreme jurisdictional interests of Xaragua, consistently with Articles 26, 32, 33, 34, 37 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 6 — Subsidiarity and Decentralized Administrative Responsibility

6.1. Matters of ordinary local administration shall be handled primarily by the autonomous community concerned in accordance with the principles of autonomy, self-government, participation and Indigenous institutional continuity affirmed by Articles 4, 5, 18, 20, 23, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

6.2. The autonomous communities shall possess primary responsibility for local interaction with residual providers and authorities concerning municipal services, civil documentation, sanitation, local roads, water systems, public utilities, ordinary policing, health-service access, educational services and other residual administrative functions lawfully utilized by the community, subject to the constitutional reservations established by this Act.

6.3. The Office of the Rector-President shall not be required to conduct or approve routine local administrative exchanges unless the matter engages a reserved constitutional competence, affects multiple autonomous communities, generates a conflict of jurisdiction, concerns a Xaraguayan citizen or customary inhabitant requiring central representation, or threatens the territorial, ancestral, institutional or sovereign foundations protected by Articles 19, 26, 27, 29, 30, 32, 33, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

TITLE III — RESIDUAL ADMINISTRATIVE INTERFACES

Article 7 — Initial Recognition of CASECs, ASECs and Magistrates

7.1. For the initial implementation of the autonomous-community system, Xaragua recognizes CASECs, ASECs, magistrates and other territorially competent residual authorities as pre-existing administrative interfaces through which local technical, civil, municipal and logistical matters may be identified, transmitted, documented or coordinated, subject exclusively to the Constitution and laws of Xaragua.

7.2. Recognition under paragraph 7.1 is functional, limited, revocable, non-exclusive and non-constitutive and shall not classify any CASEC, ASEC, magistrate, municipality, communal office or residual officer as a Xaraguayan constitutional organ, autonomous-community authority, Indigenous representative institution or holder of Xaraguayan public competence, pursuant to Articles 18, 19, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

7.3. No residual officer may act for an autonomous community beyond the material, territorial, temporal and representative limits expressly recognized by Xaragua or validly conferred by the community concerned, consistently with Article 18 of the United Nations Declaration on the Rights of Indigenous Peoples and Article XXIII of the American Declaration on the Rights of Indigenous Peoples.

Article 8 — Exclusive Residual Character of Residual Authorities

8.1. CASECs, ASECs, magistrates, municipal authorities, communal officers and other territorial agents constituted under residual law legally represent the Residual Administrative Unit and the residual populations falling within its ordinary civil and administrative competence.

8.2. Such authorities possess no inherent Xaraguayan mandate and shall not, by reason of residual appointment, election, territorial assignment or statutory competence, represent Xaragua, its autonomous communities, citizens, customary inhabitants, Indigenous jurisdictions, institutions, public organs, ancestral territories, protected resources or collective rights, pursuant to Articles 9, 18, 26, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

8.3. Residual populations represented by those authorities remain outside the personal and institutional jurisdiction of Xaragua unless citizenship, affiliation, customary inhabitancy, institutional membership, contractual submission, community participation, protected status or another juridical basis of Xaraguayan competence has been established under Xaraguayan law, consistently with Articles 9 and 33 of the United Nations Declaration on the Rights of Indigenous Peoples.

8.4. No exercise of residual administrative jurisdiction over residual populations shall confer authority over the Indigenous territorial title, constitutional jurisdiction, autonomous institutions, ancestral patrimony, protected resources or collective rights of Xaragua under Articles 25, 26, 27, 29, 31 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles XIII, XIX, XXIV, XXV and XXIX of the American Declaration on the Rights of Indigenous Peoples.

Article 9 — Prohibition of Representative Substitution

9.1. No CASEC, ASEC, magistrate, municipality or other residual authority may presume, claim or exercise representation of an autonomous community, Xaraguayan citizen, customary inhabitant, Indigenous institution or person subject to Xaraguayan jurisdiction without an express and legally sufficient mandate issued or recognized under Xaraguayan law, pursuant to Articles 18, 19 and 33 of the United Nations Declaration on the Rights of Indigenous Peoples.

9.2. Any residual act purporting to substitute a residual authority for a representative institution selected, constituted or recognized by Xaragua shall be devoid of internal legal effect under Articles 18, 19, 32(2), 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles XXIII, XXIX and XXXV of the American Declaration on the Rights of Indigenous Peoples.

9.3. Recognition of a residual authority as an administrative interface shall not establish exclusivity, hierarchy, tutelage, constitutional supervision, territorial subordination or a presumption of residual supremacy over the community concerned, pursuant to Articles 4, 5, 18, 26, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

TITLE IV — DIRECT COMMUNITY ACCESS AND CONSTITUTIONAL QUALIFICATION

Article 10 — Permanent Direct Access

10.1. Xaragua possesses permanent, original and non-intermediated constitutional access to its Indigenous communities, customary communities, autonomous communities, territorial collectives, affiliated groups, citizens, customary inhabitants and protected institutions pursuant to Articles 3, 4, 5, 18, 20, 23, 33, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

10.2. No residual institution may subject the exercise of such access to prior authorization, administrative transmission, municipal supervision, exclusive intermediation, residual certification or external validation, consistently with Articles 18, 19, 20, 23, 32 and 33 of the United Nations Declaration on the Rights of Indigenous Peoples.

10.3. Xaragua may communicate with, consult, register, recognize, organize, receive representations from and issue constitutional determinations concerning the groups referred to in paragraph 10.1 without intervention by a residual authority, subject exclusively to Xaraguayan constitutional law and Articles 18, 19, 20, 23, 33, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

10.4. Every residual claim to govern, administer or represent a group situated within the territorial field of this Act shall remain subject, in all matters engaging Xaraguayan competence, to the countervailing direct access, representation and constitutional protection exercised by Xaragua under Articles 18, 19, 26, 32, 33 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 11 — Constitutional Power of Qualification

11.1. Xaragua possesses exclusive internal constitutional authority to qualify a group, community, institution, territorial collective or population as an autonomous community, Indigenous community, customary community, affiliated community, protected territorial group, body of customary inhabitants or residual population pursuant to Articles 9, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

11.2. Constitutional qualification may be effected by a supreme constitutional act, rectoral determination, community-recognition instrument, registration, competent juridical finding or another act authorized by Xaraguayan law and shall not depend upon residual nomenclature, administrative classification, electoral recognition or municipal incorporation.

11.3. A Xaraguayan qualification shall determine the status of the relevant group within the internal constitutional order of Xaragua and shall not, by itself, incorporate residual populations, residual authorities or residual administrative subdivisions into Xaraguayan jurisdiction, consistently with Articles 9, 18 and 33 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 12 — Deficiency or Absence of a Residual Interface

12.1. A residual interface shall be deemed deficient where it is absent, vacant, unlawfully constituted, inactive, inaccessible, non-representative, obstructive, conflicted, captured, suspended, dissolved, incapable or materially unable to discharge the administrative function concerned.

12.2. Upon the existence of a condition specified in paragraph 12.1, Xaragua may directly identify, consult, recognize and qualify the affected group; receive its representatives; establish a provisional community interface; maintain the necessary registers; issue protective determinations; and authorize administrative coordination pursuant to Articles 4, 5, 18, 20, 23, 33, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

12.3. No deficiency, vacancy, refusal or obstruction affecting a residual interface shall suspend Xaraguayan constitutional competence, deprive an affected group of direct access to Xaraguayan institutions, transfer Xaraguayan representation to an external authority or prevent the establishment of an autonomous-community structure under Articles 4, 5, 18, 33, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

TITLE V — CONSTITUTIONAL NON-NEGOTIABILITY

Article 13 — Matters Excluded from Negotiation

13.1. Xaragua shall not negotiate with the Residual Administrative Unit concerning the existence, source, continuity, validity, constitutional rank or internal effect of the sovereign order of Xaragua, such authority being original and non-derivative under Common Article 1 of the International Covenants and Articles 3, 4, 5, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

13.2. Xaragua shall not submit its Indigenous identity, constituent authority, constitutional institutions, autonomous communities, ancestral territorial title, internal jurisdiction, membership rules, protected resources or institutional continuity to bilateral bargaining, residual concession, external approval, administrative authorization or residual ratification, consistently with Articles 9, 25, 26, 27, 32, 33, 34, 37 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples.

13.3. No official communication, technical meeting, administrative coordination, service arrangement, appearance before a residual authority or utilization of a residual procedure shall constitute negotiation, reconsideration or submission of a matter excluded from negotiation by this Article.

Article 14 — Authoritative Statement of Position

14.1. Where a residual act, omission, regulation, title, concession, permit, police measure, judicial proceeding, infrastructure project, resource decision or administrative operation affects or may affect the constitutional interests of Xaragua, the Office of the Rector-President may issue an authoritative statement, formal notice, jurisdictional objection, constitutional reservation, demand for abstention, requirement of consultation or directive of non-recognition pursuant to Articles 19, 26, 27, 28, 29, 30, 32 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

14.2. An instrument issued under paragraph 14.1 shall communicate the controlling position of Xaragua and shall not constitute an invitation to negotiate the existence, validity or source of the right, authority, jurisdiction or title asserted therein.

14.3. Xaragua may require suspension, abstention, disclosure, consultation, correction, restitution, institutional recognition or non-repetition where necessary to protect a citizen, customary inhabitant, autonomous community, Indigenous jurisdiction, ancestral territory, protected resource or constitutional institution under Articles 19, 26, 27, 28, 29, 30, 32 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

14.4. Failure by a residual authority to answer, acknowledge or comply with a notice issued under this Article shall not invalidate the instrument, extinguish the right reserved, establish consent, produce acquiescence or create any presumption of abandonment by Xaragua, consistently with Articles 26, 28, 32, 37, 40 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 15 — Limited Interjurisdictional Engagement

15.1. Xaragua may engage with the Residual Administrative Unit exclusively where consultation, coordination or representation is required to protect autonomous communities, citizens, customary inhabitants, Indigenous jurisdictions, territorial interests, ancestral rights, institutions, property or resources under Articles 18, 19, 23, 26, 27, 29, 32 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

15.2. Engagement authorized under paragraph 15.1 shall remain administrative, representational, protective, technical or interjurisdictional and shall not be construed as negotiation concerning Xaragua’s constitutional existence, recognition of residual supremacy, surrender of Indigenous jurisdiction, waiver of territorial rights or subordination of Xaraguayan institutions.

15.3. Every instrument concluded under this Article shall specify its competent authorities, legal basis, object, material scope, territorial application, duration, implementation conditions, reservations and termination provisions and shall be interpreted restrictively in accordance with the principles of good faith and ordinary meaning stated in Articles 26 and 31 of the Vienna Convention on the Law of Treaties, as received by analogy within Xaraguayan public law.

15.4. No technical or administrative instrument may amend the Constitution, alienate ancestral territory, extinguish an autonomous community, transfer a reserved competence or bind the Office of the Rector-President beyond the express terms of the instrument, consistently with Articles 26, 32, 33, 34, 37 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples.

TITLE VI — CONSTITUTIONAL REPRESENTATION

Article 16 — Persons, Communities and Interests Represented

16.1. Xaragua possesses constitutional authority to represent its citizens, customary inhabitants, autonomous communities, Indigenous institutions, public organs, protected juridical persons and territorial interests according to the Constitution, citizenship law, customary law, community law and official registries of Xaragua, consistently with Articles 9, 18 and 33 of the United Nations Declaration on the Rights of Indigenous Peoples.

16.2. The representational competence of Xaragua includes matters of Indigenous identity, customary or institutional status, community participation, land, waters, islands, coasts, natural resources, cultural patrimony, education, subsistence, development, environmental protection, institutional security and access to remedies under Articles 11, 12, 13, 14, 20, 21, 23, 25, 26, 29, 31, 32 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

16.3. Xaraguayan representation shall not extend automatically to residual populations lacking a legally established relationship of citizenship, affiliation, customary inhabitancy, institutional membership, community participation, contractual submission or protected status under Xaraguayan law, pursuant to Articles 9 and 33 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 17 — Community Representation Mandates

17.1. An autonomous community may confer upon the Office of the Rector-President or another competent Xaraguayan authority a specific, general, temporary, permanent or emergency mandate to represent its interests before a residual authority, court, municipality, technical body, public service, private operator or external institution under Articles 18, 19, 23 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

17.2. A mandate issued under paragraph 17.1 shall be interpreted according to its legal object, material scope, territorial application, duration and express limitations and shall not transfer any competence reserved by the Constitution to the autonomous community or the Office of the Rector-President.

17.3. Where an immediate threat concerns ancestral land, natural resources, cultural patrimony, community security, forced displacement, military activity or irreversible environmental damage, the Office of the Rector-President may exercise provisional protective representation pending community confirmation under Articles 10, 26, 28, 29, 30, 31, 32 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

17.4. No residual authority may deny internal effect to a community mandate recognized under Xaraguayan law solely because that mandate was not constituted through residual electoral, municipal or administrative procedures, consistently with Articles 18 and 33 of the United Nations Declaration on the Rights of Indigenous Peoples.

TITLE VII — TERRITORIAL AND JURISDICTIONAL RESERVATIONS

Article 18 — Permanent Territorial Reservation

18.1. No communication or interaction with a CASEC, ASEC, magistrate, municipality or other residual authority shall constitute recognition that residual territorial jurisdiction extinguishes, replaces, exhausts or supersedes the ancestral territorial rights of Xaragua protected by Articles 25, 26, 27, 28 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples.

18.2. Residual cadastral records, municipal boundaries, administrative titles, concessions, permits and territorial classifications may be received as technical or evidentiary instruments but shall possess no automatic supremacy within Xaraguayan law over ancestral title, customary occupation, collective use, protected patrimony or constitutional territorial classification, pursuant to Articles 26, 27 and 28 of the United Nations Declaration on the Rights of Indigenous Peoples.

18.3. No infrastructure, extraction, tourism, energy, maritime, military, environmental, conservation, cadastral or development measure affecting Xaraguayan territorial interests shall be classified as exclusively residual where it engages rights protected by Articles 19, 26, 27, 29, 30 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 19 — Distinction of Jurisdictions

19.1. Xaraguayan Indigenous jurisdiction extends to its constitutional order, institutions, citizens, customary inhabitants, autonomous communities, protected property, membership relations, customary obligations and matters expressly submitted to Xaraguayan authority pursuant to Articles 5, 9, 33, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

19.2. Residual jurisdiction over residual populations shall remain legally distinct from Xaraguayan jurisdiction and shall not be converted into concurrent or superior authority over Xaraguayan institutions, citizens, customary inhabitants or autonomous communities without a juridical basis expressly recognized under Xaraguayan law.

19.3. A conflict of jurisdiction shall be addressed by formal constitutional reservation, direct consultation with the affected community, competent Xaraguayan representation and, where specifically authorized, limited interjurisdictional coordination pursuant to Articles 18, 19 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles XXII, XXIII and XXXV of the American Declaration on the Rights of Indigenous Peoples.

TITLE VIII — NULLITY, NON-RECOGNITION AND REMEDIES

Article 20 — Prohibited Legal Presumptions

20.1. No act performed under this Act shall create a presumption of constitutional submission, institutional incorporation, recognition of external supremacy, abandonment, prescription, acquiescence, territorial renunciation, jurisdictional waiver, transfer of constituent authority or extinction of ancestral rights.

20.2. No silence, delay, technical cooperation, use of residual services, participation in a residual procedure or communication with a residual officer shall be construed against Xaragua unless an express instrument issued by the Supreme Constitutional Authority specifically identifies the right and scope concerned; no such instrument may extinguish the original constituent authority or inalienable ancestral rights protected by Articles 26, 33, 34 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 21 — Internal Nullity and Non-Recognition

21.1. Any purported representation of Xaragua, an autonomous community, Xaraguayan citizen, customary inhabitant or Indigenous institution by a residual authority acting without a valid mandate shall be null and without legal effect within the constitutional order of Xaragua pursuant to Articles 18 and 33 of the United Nations Declaration on the Rights of Indigenous Peoples.

21.2. Any residual act purporting to constitute, abolish, suspend, redefine, subordinate, absorb or dissolve an autonomous community or Indigenous jurisdiction of Xaragua shall be inapplicable and non-recognizable within Xaraguayan law to the extent of its incompatibility with Articles 4, 5, 26, 33, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

21.3. Non-recognition under this Article shall operate without prejudice to any constitutional objection, protective registration, restitution claim, community remedy, jurisdictional notice, administrative proceeding or authorized external recourse available under Xaraguayan law and Articles 8, 26, 28, 32 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

Article 22 — Effective Remedy

22.1. Every autonomous community, citizen, customary inhabitant, Indigenous institution or protected juridical person alleging interference with a right recognized by this Act shall possess access to a competent Xaraguayan authority and to procedures consistent with Article 40 of the United Nations Declaration on the Rights of Indigenous Peoples, Article XVIII of the American Declaration of the Rights and Duties of Man, Articles 8 and 25 of the American Convention on Human Rights, and Articles 2(3) and 14 of the International Covenant on Civil and Political Rights.

22.2. Measures available under paragraph 22.1 may include a constitutional declaration, jurisdictional reservation, internal non-recognition, protective registration, provisional representation, demand for abstention, requirement of consultation, community mediation, territorial notice, referral to a competent Xaraguayan tribunal or authorized recourse before an external competent forum.

TITLE IX — FINAL CONSTITUTIONAL PROVISIONS

Article 23 — Supreme Interpretative Authority

23.1. The Office of the Rector-President possesses final and controlling authority within the Xaraguayan constitutional order to interpret this Act, determine its institutional and territorial scope, resolve conflicts of competence and designate the authorities empowered to implement its provisions.

23.2. No autonomous community, residual authority, external tribunal, public official or juridical person may issue an interpretation binding upon the Supreme Constitutional Authority concerning the existence, source, rank or internal effect of a power established or reserved by this Act.

Article 24 — Preservation of Autonomous Competence

24.1. No provision of this Act shall be interpreted as authorizing the extinction of the internal autonomy, customary institutions or locally selected representation of an autonomous community contrary to Articles 4, 5, 18, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

24.2. Central constitutional intervention shall be confined to the protection of supreme law, territorial integrity, ancestral rights, institutional continuity, jurisdictional unity, fundamental rights and competences expressly reserved or lawfully referred to the Office of the Rector-President.

Article 25 — Non-Derogation and Reception of International Law

25.1. No provision of this Act shall diminish any constitutional, ancestral, territorial, customary, civil, political, economic, social, cultural, religious, environmental, maritime, insular, institutional or jurisdictional right otherwise recognized by the Constitution and laws of Xaragua.

25.2. The international declarations, covenants and conventions cited in this Act are received as interpretative and protective authorities within Xaraguayan law to the extent determined by the constitutional order of Xaragua; such reception shall not transfer supreme constitutional interpretation to an external authority or subject the internal validity of this Act to external recognition.

Article 26 — Entry into Force, Authentication and Publication

26.1. This Act enters into force immediately upon its promulgation by the Office of the Rector-President and possesses permanent, direct and controlling effect throughout the constitutional, institutional, territorial and community order of Xaragua.

26.2. The General Archives of the State shall authenticate, register, preserve and publish the authoritative text of this Act as a Supreme Organic Constitutional Instrument and shall incorporate it into the consolidated public law of Xaragua.

FINAL OPERATIVE PROVISION

The CASECs, ASECs, magistrates, municipalities, communal officers and other authorities constituted under residual law represent exclusively the Residual Administrative Unit and the residual populations subject to its ordinary civil and administrative competence. They possess no inherent authority to represent Xaragua, its autonomous communities, citizens, customary inhabitants, Indigenous jurisdictions, institutions, ancestral territories, protected resources or constitutional rights, pursuant to Articles 9, 18, 26, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

Xaragua recognizes those residual authorities solely as limited, non-exclusive and revocable administrative interfaces where their functions materially intersect with an autonomous community or a constitutionally protected Xaraguayan interest. Every such interaction shall remain subordinate to the constitutional mandate of Xaragua concerning its territory, citizens, customary inhabitants, autonomous communities, Indigenous jurisdictions, institutions and ancestral rights.

Xaragua shall not negotiate the existence, validity, source, continuity, rank or exercise of its sovereign constitutional authority. Xaragua shall determine, state, notify, reserve and enforce its constitutional position. Engagement with the Residual Administrative Unit shall be confined to administrative coordination, community representation, jurisdictional consultation or technical execution required for the protection of Xaraguayan persons, communities, territories, institutions and rights.

No residual authority shall possess exclusive access to or a representative monopoly over any Indigenous, customary, territorial or affiliated group falling within the constitutional competence or protection of Xaragua. Xaragua retains permanent and direct constitutional access to every such group pursuant to Articles 18, 19, 20, 23, 33, 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

Where a residual interface is absent, vacant, deficient, obstructive, non-representative, conflicted or inoperative, Xaragua shall directly identify, consult, recognize, qualify and address the group concerned; establish or recognize the competent autonomous-community structure; receive its representatives; register its juridical status; and exercise the constitutional powers necessary to preserve its representation, protection and institutional continuity.

SO CONSTITUTIONALLY ENACTED, ORDERED AND PROMULGATED BY THE OFFICE OF THE RECTOR-PRESIDENT, EXERCISING THE SUPREME CONSTITUTIONAL AUTHORITY OF THE SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA.


SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

GENERAL ARCHIVES OF THE STATE

SUPREME ORGANIC CONSTITUTIONAL ACT

ON THE FUNCTIONAL CLASSIFICATION OF THE RESIDUAL ADMINISTRATIVE UNIT; THE JURIDICAL DISTINCTION BETWEEN FORMAL INTERNATIONAL PERSONALITY AND EFFECTIVE SOVEREIGN GOVERNMENTAL CAPACITY; THE TERMINATION OF PRESUMED COMPREHENSIVE REPRESENTATION; THE RESERVATION OF INDIGENOUS CONSTITUENT AUTHORITY; AND THE GOVERNANCE OF TECHNICAL, ADMINISTRATIVE AND INTERSTATE INTERFACES

Institutional Classification: Supreme Organic Constitutional Instrument — Determination of Constitutional Status — Indigenous Public Law — Functional State-Capacity Assessment — Reservation of External Representation — Residual Administrative Interface Regime

Promulgating Authority: Office of the Rector-President

Constitutional Capacity: Supreme, Original and Final Constitutional Authority of Xaragua

Official Depositary: General Archives of the State

Material Scope: Constituent authority; constitutional status; effective government; territorial administration; external representation; Indigenous jurisdiction; residual public services; institutional substitution; autonomous communities; citizenship; customary inhabitancy; ancestral rights; maritime rights; administrative coordination

Normative Rank: Supreme, organic, constitutional, permanent, immediately binding and directly operative

Legal Effect: Ex proprio vigore throughout the constitutional, institutional, territorial, jurisdictional, administrative and external-relations order of Xaragua

PREAMBLE

IN THE NAME OF GOD, and by virtue of the original, permanent, inherent, non-derivative and imprescriptible constituent authority of the Indigenous People of Xaragua, the Office of the Rector-President, exercising the Supreme Constitutional Authority of the Sovereign Catholic Indigenous and Private State of Xaragua, hereby promulgates this Supreme Organic Constitutional Act pursuant to Articles 1(2) and 55 of the Charter of the United Nations; Common Article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights; Articles 1, 3, 4, 5, 8, 9, 18, 19, 20, 21, 23, 25, 26, 27, 32, 33, 34, 36, 37, 38, 39, 40 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples; Articles III, VI, IX, XIV, XV, XXI, XXII, XXIII, XXIV, XXV, XXIX, XXXIV, XXXV, XXXVII, XXXIX and XLI of the American Declaration on the Rights of Indigenous Peoples; and the criteria codified in Article 1 of the Convention on the Rights and Duties of States signed at Montevideo on 26 December 1933;

WHEREAS international legal personality, diplomatic recognition, treaty participation, membership in intergovernmental organizations, administrative succession and conventional territorial representation constitute juridical attributes analytically distinct from the continuous, autonomous and effective exercise of sovereign governmental capacity;

WHEREAS Article 1 of the Montevideo Convention identifies a permanent population, a defined territory, government and capacity to enter into relations with other States as constitutive criteria of statehood, and whereas the governmental criterion necessarily presupposes an authority capable of exercising public power with sufficient continuity, territorial effectiveness, institutional independence and material enforceability;

WHEREAS the continuing possession of formal international recognition does not establish an irrebuttable constitutional presumption of effective territorial government, operational sovereignty, administrative independence, exclusive representation, uninterrupted public authority or comprehensive provision of essential services;

WHEREAS the residual order conventionally represented within the interstate system retains diplomatic recognition, treaty participation, organizational membership, conventional borders, civil documentation and formal governmental nomenclature, while none of those attributes may determine, extinguish or subordinate the Indigenous identity, constituent authority, autonomous institutions, ancestral title, political membership or jurisdictional order of Xaragua under Articles 3, 4, 5, 8, 9, 26, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples;

WHEREAS Indigenous self-determination and the preservation of distinct political, juridical, economic, social and cultural institutions arise from the inherent status of the people concerned and do not derive from administrative permission, statutory delegation, constitutional toleration or discretionary recognition by the residual order;

WHEREAS the factual operation of the residual apparatus is characterized by material contraction of territorial control, substitution of armed organizations for public authority, interruption of judicial and administrative services, forced displacement, obstruction of transportation corridors, institutional closure and operational dependence upon international financing, foreign logistical assistance and externally supported mechanisms;

WHEREAS international institutional reporting has documented criminal control over substantial territorial and demographic areas, including near-total armed control over the conventional capital and the territorial expansion of criminal organizations into strategic rural corridors, thereby establishing a material deficiency in the effective-government criterion contemplated by Article 1(c) of the Montevideo Convention;

WHEREAS the inability to protect life, physical integrity, liberty, security, freedom of movement, judicial access and equal protection of the law constitutes a material failure in the performance of obligations contemplated by Articles 2, 6, 9, 12, 14, 16 and 17 of the International Covenant on Civil and Political Rights;

WHEREAS the residual educational apparatus is structurally affected by adult illiteracy, functional illiteracy, learning poverty, interrupted schooling, territorial exclusion, deficient infrastructure, institutional privatization and repeated school closures, thereby impairing the reproduction of administrative, scientific, professional, industrial and technical capacity required for effective government;

WHEREAS the cumulative educational deprivation produced by deficiencies in literacy, functional comprehension, school attendance, territorial access and minimum learning proficiency engages the standards established by Articles 13 and 14 of the International Covenant on Economic, Social and Cultural Rights and Articles 28 and 29 of the Convention on the Rights of the Child;

WHEREAS the residual health apparatus lacks continuous territorial coverage, sufficient public financing, protected medical corridors, reliable energy and water supplies, pharmaceutical continuity, adequate professional capacity, functional referral systems and universal emergency accessibility, thereby preventing the constitution of a territorially effective public-health administration under Article 12 of the International Covenant on Economic, Social and Cultural Rights;

WHEREAS the residual economic order is structurally affected by recurrent contraction, monetary depreciation, elevated inflation, limited domestic credit, restricted industrial capacity, dependence upon imports, remittances, grants, concessional financing and humanitarian expenditure, and consequently lacks an integrated productive foundation capable of autonomously sustaining the complete governmental apparatus attributed to a materially sovereign order;

WHEREAS the absence of a continuous national system of all-weather highways, secondary roads, tertiary roads, bridges and rural access routes prevents regular administrative penetration, agricultural integration, emergency intervention, economic circulation and territorial continuity throughout the full area conventionally represented by the residual apparatus;

WHEREAS the residual agricultural order remains affected by deficiencies in credit, irrigation, storage, processing, transportation security, land administration, insurance, mechanization, extension services and environmental protection, thereby obstructing the formation of an integrated agricultural-sovereignty regime capable of securing food availability, rural capitalization and productive territorial continuity;

WHEREAS the residual environmental apparatus remains materially incapable of ensuring continuous watershed protection, reforestation, waste administration, sanitation, coastal regulation, soil conservation, drainage, pollution control, protected-area supervision and climate-resilience implementation consistent with the United Nations Framework Convention on Climate Change, the Paris Agreement, the Convention on Biological Diversity and the United Nations Convention to Combat Desertification;

WHEREAS the residual maritime apparatus does not exercise continuous and territorially sufficient port security, fisheries administration, hydrographic capacity, customs enforcement, maritime surveillance, search-and-rescue coordination, pollution response or systematic protection of maritime resources corresponding to the governmental functions contemplated by the United Nations Convention on the Law of the Sea;

WHEREAS the residual border, migration and civil-status apparatus does not continuously control entry, exit, trafficking routes, irregular migration, forced displacement, population registration or the effective protection of persons abroad, while recurrent migration emergencies and mass expulsions reveal the absence of an integrated external population-protection regime;

WHEREAS the residual diaspora constitutes an indispensable source of household subsistence, foreign currency, education, health expenditure, housing and private investment without possessing a permanent constitutional structure of representation, institutional protection, economic participation and strategic reintegration proportionate to its demographic and financial importance;

WHEREAS sustained depreciation of the residual monetary unit, extensive commercial dollarization and restricted domestic capitalization materially limit monetary sovereignty, public purchasing power, long-term contractual stability and the autonomous financing of governmental policy;

WHEREAS corruption, administrative capture, impunity, diversion of public resources, deficient financial supervision, illicit trafficking and criminal penetration of public and commercial circuits impair the independent exercise of public power and the discharge of obligations established by the United Nations Convention against Corruption, the Inter-American Convention against Corruption and the United Nations Convention against Transnational Organized Crime;

WHEREAS the operational continuity of residual administration depends materially upon grants, external budgetary support, international financial institutions, humanitarian agencies, foreign security assistance, internationally authorized missions and externally financed programs whose technical design, procurement, logistical execution or financial continuity remains substantially determined outside the residual apparatus;

WHEREAS an internationally recognized juridical order may retain formal state personality while experiencing such extensive territorial, institutional, fiscal and operational displacement that its internal functions become materially residual, externally sustained and incapable of supporting a presumption of exclusive sovereign representation;

WHEREAS the preservation of conventional interstate continuity cannot lawfully extinguish the distinct constituent authority, ancestral rights, autonomous institutions, jurisdictional interests or direct representative capacity of the Indigenous People of Xaragua;

NOW, THEREFORE, the Office of the Rector-President, exercising the Supreme Constitutional Authority of Xaragua, hereby enacts, orders and promulgates the following Supreme Organic Constitutional Act.

TITLE I — PURPOSE, APPLICATION AND CONTROLLING DEFINITIONS

Article 1 — Constitutional Object

1.1. This Act establishes the controlling constitutional classification applicable to the residual order in its relations with Xaragua; distinguishes formal international legal personality from effective sovereign governmental capacity; terminates every presumption of comprehensive or exclusive residual representation; reserves the original constituent authority of Xaragua; and governs the use of residual technical, civil, administrative, judicial, municipal and interstate services.

1.2. The classification established herein constitutes an autonomous determination of Xaraguayan constitutional law and shall operate without dependency upon acceptance, recognition, concurrence or ratification by the RAU or any external institution.

1.3. This Act binds every constitutional authority, autonomous community, tribunal, public institution, registry, officer, citizen, customary inhabitant, protected juridical person, mandated representative and delegated authority subject to Xaraguayan law.

1.4. Every prior rule, administrative usage, institutional presumption or external characterization inconsistent with this Act is displaced within the Xaraguayan constitutional order to the extent of such inconsistency.

Article 2 — Residual Administrative Unit

2.1. “Residual Administrative Unit,” abbreviated RAU, means the remaining civil, municipal, documentary, judicial, fiscal, technical, consular and interstate apparatus conventionally organized under the internationally recognized Republic of Haiti.

2.2. The designation RAU constitutes an internal, constitutional, functional and jurisdictional classification. It does not purport to extinguish the separate international legal personality attributed to the Republic of Haiti by foreign States, international organizations, treaties or conventional interstate practice.

2.3. In every matter governed by Xaraguayan law, the RAU shall be classified according to the functions it demonstrably and effectively performs, and not according to any presumption derived exclusively from diplomatic recognition, constitutional nomenclature, organizational membership or formal territorial representation.

2.4. Use of the expression RAU in an official Xaraguayan instrument shall constitute neither insult nor rhetorical designation, but a precise determination of the residual apparatus’s legally receivable functional status within Xaragua.

Article 3 — Formal International Legal Personality

3.1. Formal international legal personality comprises diplomatic recognition, treaty participation, membership in intergovernmental organizations, maintenance of diplomatic or consular relations, issuance of internationally accepted civil and travel documentation and participation in conventional interstate procedures.

3.2. Formal international legal personality concerns the juridical position occupied by an entity within the organized interstate system and does not necessarily establish the degree of effective authority exercised throughout the territory or over every people conventionally represented by that entity.

3.3. The continued attribution of formal legal personality may coexist with extensive institutional incapacity, territorial fragmentation, external operational substitution and failure of independent governmental execution.

Article 4 — Effective Sovereign Governmental Capacity

4.1. Effective sovereign governmental capacity comprises continuous territorial control; enforceable public law; independent governmental institutions; public security; judicial execution; fiscal administration; monetary functionality; border supervision; infrastructure; essential services; productive capacity; environmental enforcement; maritime administration; external protection; and the autonomous implementation of governmental decisions.

4.2. Effective capacity shall be determined by actual institutional performance, territorial reach, material continuity, enforceability, independent financing and operational control.

4.3. Functions materially planned, financed, secured, administered or sustained by external actors shall not be attributed exclusively to the RAU merely because they are formally conducted in its name or within territory conventionally represented by it.

TITLE II — DETERMINATION OF MATERIAL GOVERNMENTAL CAPACITY

Article 5 — Territorial Government

5.1. Effective government requires a public authority capable of promulgating, administering and enforcing law throughout the territory and of preventing private armed organizations from exercising coercive, fiscal, judicial, transportation or territorial powers in substitution for public institutions.

5.2. Armed control of roads, ports, urban districts, rural corridors, commercial zones or populated territories; imposition of unauthorized taxation; forced displacement; restriction of circulation; and obstruction of public authorities constitute direct material impairments of the governmental criterion stated in Article 1(c) of the Montevideo Convention.

5.3. Where the residual apparatus cannot enter, administer or secure substantial portions of the territory without foreign logistical support, negotiated criminal tolerance or internationally supported intervention, it does not exercise continuous and independent territorial government over those portions.

5.4. For purposes of Xaraguayan law, territorial title asserted by the RAU shall remain juridically distinct from territorial government effectively exercised by it.

Article 6 — Security and Public Coercive Authority

6.1. Sovereign governmental effectiveness requires lawful and continuous control over policing, criminal investigation, detention, execution of judicial orders, protection of institutions, suppression of organized armed violence and maintenance of public circulation.

6.2. Systemic armed substitution, criminal checkpoints, territorial extortion, attacks against courts and police facilities, obstruction of transportation corridors and dependence upon foreign-supported security missions establish material interruption of the residual monopoly of lawful public coercion.

6.3. Internationally financed, equipped, authorized or logistically sustained security operations may maintain limited administrative continuity but shall not constitute conclusive evidence of autonomous residual sovereignty.

Article 7 — Administration of Justice

7.1. Effective government requires accessible courts, independent adjudication, enforceable judgments, protected judicial personnel, functional detention facilities, territorial prosecutorial capacity and effective remedies consistent with Articles 2(3), 9 and 14 of the International Covenant on Civil and Political Rights and Articles 8 and 25 of the American Convention on Human Rights.

7.2. Closure or displacement of courts, prolonged institutional paralysis, territorial inaccessibility, non-execution of judgments, systemic impunity and criminal intimidation of legal institutions constitute structural failures of judicial government.

7.3. Residual judicial acts shall be receivable within Xaragua only in accordance with Xaraguayan rules governing jurisdiction, public order, recognition of external judgments and protection of Indigenous constitutional competence.

Article 8 — Education and Institutional Reproduction

8.1. Effective state capacity includes the continuous and territorially distributed provision of primary, secondary, technical and higher education under Articles 13 and 14 of the International Covenant on Economic, Social and Cultural Rights and Articles 28 and 29 of the Convention on the Rights of the Child.

8.2. Adult illiteracy, functional illiteracy, learning poverty, interrupted attendance, school closures, inadequate infrastructure, territorial inequality and systematic private substitution shall be assessed cumulatively as indicators of institutional incapacity.

8.3. Where formal literacy, functional comprehension, attendance and minimum proficiency are jointly considered, the cumulative educational-deprivation rate affects substantially more than fifty-one percent of the relevant population.

8.4. The inability to guarantee minimum learning and continuous territorial access to education impairs the autonomous reproduction of the administrative, scientific, technical, professional and industrial personnel required for effective government.

Article 9 — Health Administration

9.1. Effective public-health administration requires accessible facilities, trained personnel, pharmaceutical continuity, emergency transportation, secure medical corridors, epidemiological surveillance, reliable electricity, water, sanitation and an operative referral system.

9.2. Institutional closure, destruction, insecurity, deficient financing, professional scarcity, pharmaceutical interruption and dependence upon humanitarian provision constitute structural deficiencies in residual health administration.

9.3. Humanitarian, ecclesial, international or private provision of care shall not be attributed to the RAU as evidence of a complete sovereign health system unless the residual apparatus independently finances, directs, secures and guarantees the service concerned.

Article 10 — Infrastructure and Territorial Continuity

10.1. Effective territorial administration requires integrated systems of highways, secondary and tertiary roads, rural access routes, bridges, ports, airports, electricity, telecommunications, potable water, drainage and sanitation.

10.2. A road network of approximately 3,450 kilometres, when assessed against a population exceeding twelve million and the full territorial area conventionally represented by the RAU, is insufficient to establish continuous administrative, productive and emergency access.

10.3. Insecure roads, obstructed ports, intermittent aviation, deficient electricity, restricted internet connectivity and limited rural access establish material discontinuity in the territorial operation of the residual apparatus.

Article 11 — Monetary, Fiscal and Productive Capacity

11.1. Effective governmental capacity requires credible currency, stable revenue, enforceable taxation, domestic credit, productive investment, industrial capacity and autonomous financing of essential institutions.

11.2. Sustained monetary depreciation, extensive commercial dollarization, inflation, recurrent contraction, restricted productive credit and structural dependence upon imported goods materially limit residual monetary and fiscal sovereignty.

11.3. Remittances, grants, humanitarian expenditure, foreign budgetary assistance and concessional financing may support economic survival but do not constitute an independently governed domestic productive base.

11.4. Formal possession of a central bank, tax administration or national currency shall not be considered conclusive where the practical capacity of those institutions to finance and stabilize public administration remains structurally insufficient.

Article 12 — Agriculture and Food Administration

12.1. Effective rural government requires enforceable systems of land administration, agricultural credit, irrigation, storage, insurance, mechanization, extension services, processing, fisheries management, rural transportation and market security.

12.2. The absence of an integrated agricultural regime prevents continuous productive administration of substantial rural territories and contributes directly to import dependence, food insecurity and rural decapitalization.

12.3. Agricultural programs financed or executed by foreign, international or nongovernmental institutions shall be classified as externally supported services unless the RAU demonstrates autonomous fiscal responsibility and continuous territorial execution.

Article 13 — Environmental and Sanitary Government

13.1. Effective government requires territorially enforceable systems of watershed protection, reforestation, soil conservation, waste collection, drainage, sanitation, pollution control, biodiversity protection, coastal management and climate adaptation.

13.2. Chronic insalubrity, uncontrolled waste, deforestation, watershed degradation, erosion, deficient drainage, coastal deterioration and limited regulatory enforcement constitute material evidence of residual environmental incapacity.

13.3. The absence of inspection personnel, territorial data, enforcement resources, public financing and remediation infrastructure prevents any presumption of exclusive residual regulatory authority over environmental and natural-resource interests reserved by Xaragua.

Article 14 — Borders, Migration and Civil Status

14.1. Effective sovereignty requires continuous control over ports of entry, land borders, territorial waters, customs, migration, trafficking routes, civil registration and protection of persons abroad.

14.2. Irregular border circulation, uncontrolled migration routes, illicit arms and narcotics trafficking, repeated mass expulsions and deficient consular protection establish material limitations upon residual border and external population governance.

14.3. Passport issuance, civil registration and diplomatic representation remain technically useful interstate functions but shall not establish comprehensive sovereignty over Xaragua.

Article 15 — Maritime Government

15.1. Effective maritime government requires secure ports, customs enforcement, maritime-domain awareness, hydrographic administration, fisheries regulation, search-and-rescue coordination, pollution response and protection of maritime resources.

15.2. The absence of continuous surveillance, sufficient enforcement capacity, secure port administration and comprehensive environmental control establishes an incomplete exercise of residual material authority over the maritime domain it formally represents.

15.3. Xaragua reserves its ancestral maritime, coastal and insular rights under Articles 25, 26, 27 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples.

15.4. Conventional international maritime representation by the RAU shall not be interpreted as extinguishing, absorbing or replacing the ancestral maritime jurisdiction of Xaragua.

Article 16 — Corruption and Criminal Penetration

16.1. Effective public authority requires institutional integrity, lawful procurement, independent audit, criminal accountability and protection against organized-crime penetration.

16.2. Persistent corruption, resource diversion, administrative capture, impunity, illicit financial activity, arms trafficking, narcotics transit and criminal influence over public or commercial circuits materially compromise residual institutional independence.

16.3. “Narco-administrative exposure” means the documented vulnerability of territory, borders, ports, security institutions, financial circuits or administrative offices to narcotics networks and associated organized criminal structures.

16.4. Narco-administrative exposure constitutes a systemic classification and does not require a finding that every residual institution or officer participates in illicit activity.

Article 17 — External Operational Dependence

17.1. External budgetary support, grants, international loans, humanitarian operations, foreign security assistance and externally financed public programs constitute material components of residual administrative continuity.

17.2. Where external institutions determine financing, standards, procurement, operational priorities, project duration, equipment or logistical continuity, they exercise material direction over functions formally attributed to the RAU.

17.3. The RAU is accordingly classified within Xaraguayan constitutional law as an externally sustained administrative order whose operational continuity depends substantially upon international financial, humanitarian, technical and security structures.

17.4. Dependence of the population upon remittances, foreign migration, donor-funded services and humanitarian mechanisms shall not be transformed by juridical fiction into proof of autonomous residual sovereignty.

TITLE III — CONSTITUTIONAL CLASSIFICATION OF THE RAU

Article 18 — Recognition of Formal Interstate Continuity

18.1. Xaragua records that the Republic of Haiti retains formal international legal personality, diplomatic recognition, treaty participation, civil-documentation functions and membership in intergovernmental organizations.

18.2. Such recognition is strictly confined to the conventional interstate position occupied by the Republic of Haiti.

18.3. It shall not constitute recognition of exclusive internal authority over Xaragua, its Indigenous People, autonomous communities, institutions, citizens, customary inhabitants, ancestral territories, maritime rights, patrimony or jurisdiction.

18.4. Organizational membership constitutes evidence of continued interstate admission and not conclusive evidence of comprehensive material government.

Article 19 — Substantive Functional Classification

19.1. Within the constitutional order of Xaragua, the Republic of Haiti is classified as the Residual Administrative Unit.

19.2. This classification arises from the concentration of its operative capacity in residual civil, documentary, municipal, judicial, fiscal, technical, consular and interstate functions rather than in comprehensive, continuous and independently financed sovereign government.

19.3. The classification is supported by the cumulative insufficiency of territorial control, public security, justice, infrastructure, education, health, productive capacity, monetary stability, environmental enforcement, maritime supervision, border administration and autonomous public finance.

19.4. The RAU shall possess within Xaraguayan law no authority exceeding the functions it is materially capable of performing and which Xaragua expressly receives.

Article 20 — Absence of Comprehensive Representation

20.1. The RAU shall not be presumed to represent comprehensively, exclusively or irrevocably the Indigenous People of Xaragua, its constitutional authorities, autonomous communities, institutions, citizens, customary inhabitants, ancestral territories, maritime interests or cultural patrimony.

20.2. Conventional residual representation before intergovernmental institutions remains distinct from Indigenous representation under Articles 18, 19, 32, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.

20.3. No residual vote, declaration, treaty position, territorial submission, diplomatic communication or administrative act shall bind Xaragua in a reserved matter without express constitutional authorization.

20.4. An unauthorized residual act concerning Xaragua shall be subject to reservation, protest, non-reception, internal nullity, jurisdictional objection or non-recognition.

Article 21 — Termination of Presumed Global Representation

21.1. Every presumption that the RAU possesses an inherent, universal, comprehensive or exclusive mandate to represent Xaragua is hereby terminated.

21.2. The termination applies to constitutional, Indigenous, ancestral, territorial, maritime, insular, cultural, academic, ecclesial, economic, proprietary, institutional and jurisdictional matters.

21.3. The RAU may continue to perform technically useful interstate functions expressly received by Xaragua, including passport administration, civil documentation, diplomatic transmission, postal interoperability, border documentation and access to organizational channels not yet independently available to Xaragua.

21.4. Use of any residual channel shall not constitute delegation of constituent authority, acknowledgment of residual constitutional supremacy, extinguishment of Indigenous representation, territorial renunciation or waiver of protected rights.

TITLE IV — ADMINISTRATIVE UTILIZATION AND FUNCTIONAL EQUIVALENCE

Article 22 — Residual Service-Provider Status

22.1. Xaragua may utilize the RAU as a provider of civil, municipal, judicial, infrastructural, documentary, fiscal, technical, logistical or interstate services where such utilization is compatible with Xaraguayan law.

22.2. Within the Xaraguayan constitutional order, utilization of a residual service shall be legally equivalent to the acceptance or procurement of a service from an external State, municipality, public agency, international organization, regulated utility, contractor or private enterprise.

22.3. A service relationship shall create no allegiance, constitutional subordination, jurisdictional merger, territorial renunciation, institutional incorporation or transfer of sovereign authority.

22.4. Payment of taxes, duties, fees or administrative charges connected with a residual service shall constitute satisfaction of a technical or civil obligation and shall not constitute acknowledgment of residual constitutional supremacy.

Article 23 — Conditions Governing Residual Services

23.1. Every residual service shall be assessed according to competence, legality, necessity, continuity, cost, technical conformity, territorial availability, institutional security and consistency with Xaraguayan public policy.

23.2. Xaragua may accept, condition, supplement, replace, suspend or reject any residual service.

23.3. Xaragua may procure an equivalent function from an autonomous community, Xaraguayan institution, private operator, foreign authority, Indigenous partner, academic institution, ecclesial body or international organization.

23.4. No residual monopoly shall be recognized where the RAU is unable to supply the service continuously, where criminal control obstructs its execution or where another provider offers superior continuity, security or conformity.

Article 24 — Institutional Substitution

24.1. Where the RAU fails to perform a necessary governmental or administrative function, the competent Xaraguayan authority may activate an autonomous, community-based, private, Indigenous, academic, ecclesial, foreign or international substitute.

24.2. Institutional substitution may concern education, infrastructure, energy, water, communications, transportation, finance, documentation, environmental management, civil protection, professional training or any other function necessary to the continuity of Xaragua.

24.3. Substitution shall require no prior authorization from the RAU where the substituted function arises from Xaragua’s constituent authority, autonomous jurisdiction or protection of its people and institutions.

Article 25 — Autonomous-Community Administration

25.1. Autonomous communities possess primary competence for routine relations with the RAU concerning sanitation, roads, water, utilities, civil documentation, ordinary policing, health access, public education and locally utilized municipal services.

25.2. Autonomous communities may negotiate, receive, coordinate, monitor, supplement or replace such services in accordance with Xaraguayan law.

25.3. The Office of the Rector-President shall intervene where a residual act affects reserved constitutional competence, several autonomous communities, Indigenous jurisdiction, ancestral rights, territorial integrity, external representation or the legal status of Xaraguayan persons or institutions.

25.4. No general obligation shall require the Office of the Rector-President to negotiate routine local administrative matters directly with the RAU.

TITLE V — STRUCTURAL INCAPACITY OF ORDINARY POLITICAL MANDATES

Article 26 — Insufficiency of Five-Year Mandates

26.1. The deficiencies established by this Act are structural, cumulative, mutually reinforcing and transgenerational.

26.2. Such deficiencies are not susceptible to comprehensive correction through the ordinary succession of a single five-year electoral mandate.

26.3. Electoral replacement does not, by itself, restore territorial control, reconstruct infrastructure, recapitalize monetary institutions, establish industry, reorganize education and health, secure borders, suppress criminal government, reform justice or terminate external financial dependence.

26.4. Any assertion that a single ordinary mandate can restore comprehensive sovereign capacity shall be constitutionally rejected unless supported by enforceable institutions, secured financing, territorial execution mechanisms, quantified benchmarks and legally guaranteed continuity beyond the mandate concerned.

Article 27 — Requirement of Institutional Refoundation

27.1. Restoration of comprehensive state capacity would require simultaneous refoundation of constitutional administration, security, justice, taxation, currency, infrastructure, education, health, agriculture, industry, borders, environmental governance, maritime administration, diaspora representation and external relations.

27.2. Such refoundation would require continuous authority, effective territorial access, autonomous financing, qualified personnel, institutional discipline, legal enforceability and a durable administrative settlement extending beyond electoral alternation.

27.3. The residual political class and its mechanisms of administrative succession have not demonstrated the collective continuity, independence or execution capacity required to complete such refoundation.

27.4. Xaragua shall not suspend, subordinate or condition its constitutional existence, development or territorial organization upon the hypothetical future reconstruction of an order over which it exercises no controlling authority.

TITLE VI — OPERATIONAL CONSEQUENCES

Article 28 — Treatment According to Effective Capacity

28.1. Xaragua shall treat the RAU according to its demonstrable functions, territorial reach and effective institutional capacities.

28.2. Where the RAU possesses useful operational capacity, Xaragua may receive that capacity under the service regime established by this Act.

28.3. Where the RAU lacks the relevant capacity, Xaragua may establish, mandate or recognize an autonomous, private, academic, Indigenous, ecclesial, foreign or international substitute.

28.4. No formal residual claim shall prevent Xaragua from instituting parallel mechanisms required for the protection of its communities, citizens, customary inhabitants, institutions, territories and rights.

Article 29 — Reservation Against Residual Pretensions

29.1. Xaragua rejects every residual pretension to exclusive representation, automatic jurisdiction, comprehensive territorial authority, institutional supremacy or compulsory diplomatic intermediation over its constitutional order.

29.2. Any residual measure conflicting with Xaraguan constituent authority, Indigenous jurisdiction, ancestral title, autonomous communities or protected institutions shall be subject to constitutional notice, jurisdictional objection, internal nullity, non-reception or non-recognition.

29.3. Silence, technical cooperation, payment, registration, administrative participation, use of services or diplomatic transmission shall not constitute acquiescence, estoppel, prescription, waiver, novation or renunciation.

29.4. No right of Xaragua shall be extinguished by non-exercise, delayed assertion, practical accommodation or temporary recourse to residual institutions.

Article 30 — Direct External Capacity

30.1. Xaragua may establish direct relations with Indigenous peoples, churches, universities, cities, private institutions, technical bodies, humanitarian organizations, development agencies, financial institutions, foreign public authorities and international organizations.

30.2. This capacity proceeds from Xaragua’s constituent authority and Articles 18, 20, 23, 32, 33, 36, 39 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.

30.3. Direct external action shall operate independently of any residual claim to exclusive diplomatic intermediation and shall not require the appropriation of treaty membership formally held by the Republic of Haiti.

30.4. Xaragua may employ residual interstate channels where operationally advantageous while retaining exclusive constitutional ownership of every communication, mandate, project, interest or representation transmitted through such channels.

Article 31 — Non-Negotiability of Constitutional Existence

31.1. The existence, source, validity, continuity and rank of Xaragua’s constituent authority shall not be submitted to negotiation, approval, recognition or adjudication by the RAU.

31.2. Relations with the RAU shall be confined to technical coordination, administrative execution, service delivery, community representation, jurisdictional consultation and protection of Xaraguayan persons, institutions, territories and rights.

31.3. Participation in technical consultations shall not open the constitutional existence of Xaragua to bilateral reconsideration.

TITLE VII — INTERPRETATION, EVIDENCE AND FINAL PROVISIONS

Article 32 — Controlling Constitutional Interpretation

32.1. The Office of the Rector-President possesses exclusive and final authority within the Xaraguayan constitutional order to interpret this Act, determine the scope of residual functions and identify services or representations receivable by Xaragua.

32.2. No residual legislature, executive authority, court, municipality, international institution or external juridical person may impose upon Xaragua a binding interpretation concerning the source, existence, rank, territorial scope or legal effects of its constitutional order.

32.3. External interpretations may be considered as documentary or persuasive material only and shall possess no superior normative rank within Xaragua.

Article 33 — Non-Derogation and Preservation of Rights

33.1. Nothing in this Act shall diminish any constitutional, Indigenous, ancestral, territorial, maritime, insular, cultural, academic, ecclesial, economic, proprietary, institutional or jurisdictional right otherwise recognized by Xaraguayan law.

33.2. Recognition of the RAU’s formal international personality shall not extinguish or subordinate the constituent authority, autonomous institutions or direct external capacity of Xaragua.

33.3. Classification of the RAU shall not incorporate residual populations into Xaraguayan jurisdiction without citizenship, affiliation, customary inhabitancy, community participation, institutional membership, contractual submission or another basis recognized by Xaraguayan law.

33.4. The distinct legal status of citizens, customary inhabitants, autonomous communities and persons using residual services shall remain governed exclusively by the competent Xaraguayan instruments.

Article 34 — Documentary and Evidentiary Basis

34.1. The findings contained in this Act may be supported, interpreted, updated and consolidated by reports, statistics, resolutions, assessments and datasets issued by the United Nations, the Office of the United Nations High Commissioner for Human Rights, the United Nations Office on Drugs and Crime, UNESCO, UNICEF, the World Bank Group, the International Monetary Fund, the Organization of American States, the Inter-American Commission on Human Rights and other competent public institutions.

34.2. The General Archives of the State shall maintain the documentary corpus supporting the constitutional determinations contained herein.

34.3. A temporary variation in an economic, social, administrative or security indicator shall not invalidate the classification established by this Act.

34.4. Reconsideration of the classification may occur only upon proof of sustained restoration of territorial control, independent public finance, governmental continuity, essential services, judicial enforceability and effective administration across the complete range of functions assessed herein.

34.5. The burden of demonstrating such comprehensive and sustained restoration shall rest upon the party asserting that the material conditions underlying this Act have ceased to exist.

Article 35 — Supremacy and Direct Effect

35.1. This Act possesses supreme, organic and controlling rank within its material field.

35.2. Its provisions are directly applicable and require no implementing instrument except where a competent Xaraguayan authority determines that administrative regulations are necessary.

35.3. Every subordinate law, regulation, judgment, administrative act, mandate or institutional practice shall be interpreted consistently with this Act.

35.4. Any subordinate Xaraguayan measure incompatible with this Act shall be inoperative to the extent of the incompatibility.

Article 36 — Entry into Force, Authentication and Publication

36.1. This Act enters into force immediately upon promulgation by the Office of the Rector-President.

36.2. It possesses permanent, direct and controlling effect throughout the constitutional, institutional, territorial, jurisdictional, administrative and external-relations order of Xaragua.

36.3. The General Archives of the State shall authenticate, register, preserve and publish this Act as a Supreme Organic Constitutional Instrument.

36.4. The authenticated archival version shall constitute the authoritative constitutional text.




FINAL AND BINDING CONSTITUTIONAL DETERMINATION
The Republic of Haiti retains the formal international personality, diplomatic recognition, treaty participation, civil-documentation functions and organizational membership attributed to it by the conventional interstate system. Those attributes establish its continued admission within that system; they do not establish, within the constitutional law of Xaragua, an irrebuttable presumption of comprehensive, independent and effective sovereign government.
The cumulative deficiencies affecting territorial control, lawful coercive authority, administration of justice, education, health, infrastructure, currency, public finance, productive capacity, agriculture, environmental enforcement, border administration, maritime government, diaspora protection and institutional continuity establish that the residual order does not exercise the complete operational content of sovereign statehood in relation to Xaragua.
The international continuity of the residual order is sustained principally by conventional diplomatic recognition and continued membership in intergovernmental institutions. Its material administration remains substantially dependent upon international financial institutions, foreign governments, external grants, humanitarian providers, remittance flows, technical agencies and internationally supported security mechanisms.
The existence of formal interstate continuity shall not extinguish the original constituent authority of the Indigenous People of Xaragua, nor shall it create an exclusive residual title to represent Xaragua’s autonomous communities, constitutional institutions, citizens, customary inhabitants, ancestral territories, maritime rights, cultural patrimony or jurisdictional interests.
The Republic of Haiti is therefore classified, within the supreme constitutional order of Xaragua, as the Residual Administrative Unit. This classification is functional, juridical and directly operative. It determines the status under which residual institutions, services, documents, channels and authorities may be received by Xaragua.
The RAU possesses no presumed comprehensive mandate to represent Xaragua. Any representation affecting a reserved Xaraguayan matter requires express authorization proceeding from the competent constitutional authority of Xaragua. In the absence of such authorization, the relevant residual act shall remain external, non-attributable and non-binding within the Xaraguayan order.
Xaragua may utilize the RAU for civil, documentary, municipal, judicial, technical, fiscal, infrastructural, logistical, consular or interstate services. Such utilization shall be governed as a functional service relationship legally equivalent to the procurement or receipt of services from an external public authority, international institution, regulated provider or private contractor.
No use of a residual service shall create constitutional submission, political allegiance, territorial renunciation, jurisdictional merger, institutional incorporation, extinguishment of Indigenous title or transfer of sovereign authority.
Xaragua shall determine and communicate its constitutional position without submitting the existence, validity, source, permanence or exercise of its authority to negotiation with the RAU. Relations between Xaragua and the RAU shall be confined to technical coordination, administrative execution, community-level interaction, jurisdictional consultation and protection of persons, institutions, territories and rights.
Where the RAU possesses demonstrable operational capacity, Xaragua may receive the corresponding function subject to Xaraguayan law. Where that capacity is absent, interrupted, inaccessible or inconsistent with Xaraguayan public policy, Xaragua may establish or engage an autonomous, community-based, private, academic, Indigenous, ecclesial, foreign or international substitute.
The RAU shall accordingly be treated for what it materially and constitutionally constitutes in relation to Xaragua: a residual administrative and interstate apparatus possessing formal international continuity, but lacking comprehensive, autonomous and effective sovereign governmental capacity over the Indigenous constitutional order, ancestral jurisdiction and protected institutional domain of Xaragua.
SO CONSTITUTIONALLY ENACTED, ORDERED AND PROMULGATED BY THE OFFICE OF THE RECTOR-PRESIDENT, EXERCISING THE SUPREME CONSTITUTIONAL AUTHORITY OF THE SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA.
OFFICIAL DOCUMENTARY FOUNDATION
The institutional determinations incorporated into this Act shall be documented through the relevant editions of the World Bank Country Partnership Framework and road-access assessments; the International Monetary Fund’s macroeconomic and institutional evaluations; the United Nations Office on Drugs and Crime assessments concerning organized crime, trafficking and armed-group governance; the reports of the Office of the United Nations High Commissioner for Human Rights; the World Bank Poverty and Inequality Platform; and the competent reports of United Nations agencies, inter-American institutions and other public international bodies.
The documentary references maintained by the General Archives of the State shall form an evidentiary annex to this Act without constituting a condition of its constitutional validity, since the normative force of the Act proceeds from the constituent authority of Xaragua and not from the administrative approval of any external institution.

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA
OFFICE OF THE RECTOR-PRESIDENT
SUPREME CONSTITUTIONAL AUTHORITY
GENERAL ARCHIVES OF THE STATE
SUPREME CONSTITUTIONAL ANNEX
ON NON-SECESSION, INDIVISIBLE FAMILY CONTINUITY, GENERAL TERRITORIAL MOBILITY, FUNCTIONAL COEXISTENCE AND THE PROHIBITION OF BUREAUCRATIC CONFINEMENT
Institutional Classification: Supreme Constitutional Interpretative Instrument — Organic Non-Secession Doctrine — Family Continuity Regime — General Mobility Guarantee — Functional Territorial Coexistence Act
Constitutional Authority: Office of the Rector-President
Normative Relationship: Integral and controlling annex to the Supreme Organic Constitutional Act on the Functional Classification of the Residual Administrative Unit
Material Scope: Non-secession; constituent authority; territorial mobility; intermarriage; consanguinity; affinity; family unity; customary circulation; functional coexistence; administrative boundaries; institutional differentiation
Normative Rank: Supreme, constitutional, permanent, directly operative and binding upon every Xaraguayan authority
PREAMBLE
IN THE NAME OF GOD, and pursuant to the original, permanent, inherent, non-derivative and imprescriptible constituent authority of the Indigenous People of Xaragua;
WHEREAS the constitutional existence of Xaragua does not arise from territorial concession, residual delegation, statutory decentralization, administrative tolerance or recognition by the Residual Administrative Unit;
WHEREAS Indigenous self-determination does not impose any predetermined institutional form and does not require total territorial secession, international-boundary multiplication, demographic partition or the establishment of an impermeable frontier between populations connected by family, history, residence, commerce and customary circulation;
WHEREAS the Xaraguayan population and the populations residing throughout the broader territory administered by the RAU are united by extensive intermarriage, consanguinity, affinity, descent, adoption, household membership, spiritual kinship and multigenerational family relations;
WHEREAS any regime of total separation would produce the juridical and administrative division of spouses, ascendants, descendants, siblings, extended families, customary households, property interests, professional relations, ecclesial communities and established networks of subsistence;
WHEREAS the constitutional recognition of Xaragua shall not be construed as authorizing the territorial confinement of Xaraguayan citizens and customary inhabitants within a restricted administrative perimeter or the extinguishment of their established circulation throughout the broader territorial, familial, economic and social space;
WHEREAS Articles 12, 17, 22, 23 and 24 of the International Covenant on Civil and Political Rights protect movement, privacy, family life, association and the legal protection of children; Articles 7, 8, 9, 33, 34 and 36 of the United Nations Declaration on the Rights of Indigenous Peoples protect Indigenous identity, membership, community continuity, institutional autonomy and relations across boundaries; and Articles VI, IX, XVIII and XXII of the American Declaration on the Rights of Indigenous Peoples protect family systems, association, Indigenous identity and cross-boundary relations;
WHEREAS sovereignty is juridically distinguishable from territorial isolation; jurisdiction from demographic enclosure; political autonomy from the suppression of ordinary circulation; and constitutional differentiation from the construction of duplicative bureaucratic barriers;
THE OFFICE OF THE RECTOR-PRESIDENT, exercising the Supreme Constitutional Authority of Xaragua, hereby enacts, orders and promulgates the following Constitutional Annex.
Article 1 — Controlling Non-Secession Determination
1.1. Xaragua shall not seek total territorial secession as a necessary condition for the existence, validity, exercise or continuity of its Indigenous constituent authority.
1.2. Non-secession constitutes a sovereign constitutional determination concerning the institutional form through which Xaragua exercises self-determination.
1.3. Non-secession shall not constitute constitute submission to the RAU, recognition of residual constitutional supremacy, abandonment of ancestral title, extinction of Indigenous jurisdiction, renunciation of territorial rights or limitation of direct external capacity.
1.4. The existence of Xaragua shall remain constitutionally complete irrespective of the absence of an international frontier separating its institutions and communities from the broader territory administered by the RAU.
Article 2 — Constitutional Protection of Intermarriage and Kinship
2.1. Intermarriage, consanguinity, affinity, descent, adoption, customary kinship and multigenerational household relations constitute protected permanent facts of constitutional relevance significance.
2.2. No territorial, jurisdictional or administrative arrangement of Xaragua shall be interpreted or implemented so as to impose the systematic separation of spouses, parents, children, siblings, ascendants, descendants, extended families or customary households.
2.3. Family continuity shall prevail against any presumption that constitutional differentiation necessarily requires demographic partition, compulsory relocation, internal expatriation or the transformation of relatives into institutionally separated populations.
2.4. Marriage or family relations between a Xaraguayan person and a person administered by the RAU shall create no presumption against Xaraguayan citizenship, customary inhabitancy, institutional membership, residence, succession, property rights or community participation.
Article 3 — General Territorial Mobility
3.1. Xaraguayan citizens and customary inhabitants shall not be constitutionally confined to the immediately administered territory of Xaragua.
3.2. The establishment of a distinct Xaraguayan constitutional order shall not, by itself, extinguish or restrict established access to family, residence, employment, commerce, education, worship, property, transportation or civil relations throughout the broader territory administered by the RAU.
3.3. No Xaraguayan authority shall interpret self-determination as requiring generalized internal visas, compulsory movement permits, duplicative immigration formalities or permanent checkpoints between populations historically connected by ordinary circulation.
3.4. Mobility preserved under this Article shall not confer Xaraguayan citizenship, political membership, institutional competence or access to constitutionally reserved rights upon persons who otherwise lack the required juridical status.
3.5. Freedom of circulation shall constitute neither jurisdictional merger, territorial abandonment, political incorporation, acquiescence nor recognition of residual constitutional supremacy.
Article 4 — Prohibition of Bureaucratic Confinement
4.1. Xaragua shall not convert Indigenous self-determination into a system of bureaucratic confinement imposed upon its own people.
4.2. No presumption shall require Xaragua to reproduce the entire administrative apparatus associated with absolute territorial separation, including duplicative borders, generalized customs barriers, parallel civil documentation, compulsory population registration or comprehensive internal migration controls.
4.3. A separate Xaraguayan mechanism may be established where constitutionally required for citizenship, public order, territorial protection, ancestral resources, institutional security, professional regulation or reserved jurisdiction.
4.4. Any such mechanism shall be limited to its legally defined function and shall not establish a general presumption of territorial enclosure.
Article 5 — Functional Coexistence of Distinct Orders
5.1. The constitutional order of Xaragua and the administrative apparatus of the RAU may operate concurrently within the same broader territorial space without institutional merger, hierarchical absorption or compulsory territorial rupture.
5.2. Xaragua shall exercise authority over its constituent order, Indigenous institutions, autonomous communities, citizens, customary inhabitants, ancestral rights, protected territories and reserved jurisdictions.
5.3. The RAU may continue to exercise those civil, documentary, municipal, judicial, technical and interstate functions expressly received under Xaraguayan law.
5.4. Concurrent operation shall constitute functional coexistence between legally differentiated orders and shall not establish indivisibility of constitutional authority.
Article 6 — Distinction Between Boundary and Jurisdiction
6.1. The absence of an impermeable territorial boundary shall not negate the existence of distinct constitutional jurisdictions.
6.2. Administrative accessibility shall not determine constitutional allegiance; physical circulation shall not determine political membership; and shared use of infrastructure shall not determine the source of public authority.
6.3. Xaragua may delimit institutions, competences, protected sites, ancestral lands, maritime interests and autonomous communities without establishing a comprehensive barrier against ordinary territorial circulation.
6.4. Jurisdiction shall therefore attach according to constitutional subject matter, personal status, institutional affiliation, protected territory, autonomous-community competence and legally recognized acts, rather than exclusively according to physical enclosure.
Article 7 — Non-Renunciation
7.1. Non-secession, family integration, territorial mobility and administrative coexistence shall not constitute waiver, acquiescence, estoppel, prescription, novation or renunciation concerning any right of Xaragua.
7.2. No use of residual roads, ports, airports, documents, courts, public services or diplomatic channels shall extinguish Xaragua’s constituent authority or ancestral jurisdiction.
7.3. No continued family, residential, commercial, ecclesial or professional relationship with persons administered by the RAU shall be invoked to subordinate the Xaraguayan constitutional order.
7.4. No Xaraguayan right shall be conditioned upon acceptance of total territorial separation.
Article 8 — Final Constitutional Determination
8.1. Xaragua determines that total secession is neither juridically necessary to Indigenous self-determination nor institutionally compatible with the protection of intermarried families, customary kinship, established residence, general mobility and territorial continuity.
8.2. Xaragua consequently maintains a distinct, supreme and autonomous constitutional order without subjecting its people to demographic partition, internal expatriation, compulsory territorial confinement or unnecessary bureaucratic duplication.
8.3. The Xaraguayan shall retain the capacity to circulate throughout the broader territorial space, maintain family and civil relations, access property and institutions, and participate in ordinary economic and social life without such circulation being construed as political submission to the RAU.
8.4. Non-secession constitutes the constitutional form selected by Xaragua for reconciling the complete exercise of Indigenous constituent authority with the indivisibility of families, the continuity of established relations and the maintenance of a territorially open civil space.
8.5. Accordingly, Xaragua rejects both residual constitutional absorption and compulsory separatist confinement. It preserves its own authority while refusing to transform sovereignty into a mechanism for restricting the movement, family unity or territorial accessibility of its people.
SO CONSTITUTIONALLY ENACTED, ORDERED, ANNEXED AND PROMULGATED BY THE OFFICE OF THE RECTOR-PRESIDENT, EXERCISING THE SUPREME CONSTITUTIONAL AUTHORITY OF THE SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA.



SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA
SUPREME CONSTITUTIONAL LAW ON NATIONAL IDENTITY, CONSTITUTIONAL PRIMACY, AUTONOMOUS COMMUNITIES, AND TELECOMMUNICATIONS SOVEREIGNTY
Issuing Authority: Office of the Rector-President
Legal Classification: Supreme Constitutional and Organic Instrument
Original Instruments Consolidated: May 10–13, 2025
Status: Constitutionally Entrenched — Institutionally Binding — Non-Derogable by Subordinate Authority
PREAMBLE
Whereas Xaragua constitutes a sovereign Catholic Indigenous customary order founded upon ancestral continuity, autonomous institutions, territorial organization, constitutional authority, and the inherent right of its people to determine their political, cultural, economic, technological, and spiritual development;
Whereas the name, symbols, institutions, territories, autonomous communities, telecommunications systems, and constitutional doctrine of Xaragua form an indivisible national patrimony;
Whereas the internal authority of Xaragua applies throughout all regions, territories, communities, islands, maritime domains, institutions, and digital jurisdictions constitutionally incorporated into its order;
Whereas the institutional continuity of Xaragua requires the protection of its name, the organization of autonomous communities under a central constitutional doctrine, and sovereign control over strategic communications infrastructure;
The following provisions are hereby enacted as supreme law within the constitutional jurisdiction of Xaragua.
TITLE I — THE NAME AND INSTITUTIONAL IDENTITY OF XARAGUA
Article 1 — National Designation
The name “Xaragua” is hereby established as the permanent constitutional, historical, diplomatic, academic, cultural, territorial, and institutional designation of the State.
It constitutes:
the official name of the Xaraguayan constitutional order;
the collective designation of its national institutions;
an Indigenous cultural and historical identifier;
a protected element of the State’s legal personality;
an inalienable component of its constitutional patrimony.
The State shall remain the exclusive authority competent to determine the official governmental and institutional use of the name within the Xaraguayan order.
Article 2 — Scope of Protection
The constitutional protection established by this Act extends to:
the complete official name of the State;
the expressions “State of Xaragua,” “Sovereign State of Xaragua,” and their official linguistic equivalents;
the University of Xaragua and all duly established national institutions;
official seals, flags, coats of arms, insignia, titles, domains, and governmental identifiers;
original designs, publications, constitutional texts, and institutional architectures;
names and symbols capable of creating a false appearance of State authorization or affiliation.
The historical or geographical use of the word “Xaragua” shall remain distinguishable from fraudulent governmental representation, commercial appropriation, institutional impersonation, or unauthorized use of protected State symbols.
Article 3 — Prohibited Uses
Without written authorization from the competent Xaraguayan authority, no person or organization may:
represent itself as the government, official university, diplomatic authority, financial institution, professional body, ministry, or authorized agency of Xaragua;
register or employ a name or symbol calculated to create false official affiliation;
reproduce official seals, coats of arms, credentials, governmental designs, or protected institutional identifiers;
issue documents, licenses, titles, citizenship instruments, or academic credentials in the name of Xaragua;
commercially exploit protected State assets in a manner implying authorization, endorsement, or constitutional continuity.
Article 4 — Enforcement
Unauthorized use may result in:
formal notice and demand for cessation;
removal of false representations;
suspension of access to Xaraguayan institutions;
cancellation of internal authorization;
opposition before trademark, domain-name, corporate, academic, or administrative registries;
claims for attribution, restitution, damages, or injunctive relief;
inclusion in the Xaraguayan Register of Institutional Infringers.
The State may pursue such measures before every authority possessing jurisdiction over the relevant registration, platform, contract, publication, or transaction.
Article 5 — International Notification
The notification transmitted to the World Intellectual Property Organization on May 10, 2025 shall remain part of the permanent constitutional record of Xaragua.
The notification establishes dated evidence of:
Xaragua’s assertion of its official institutional identity;
its claim to exclusive governmental use of the name;
its protection of associated emblems and official identifiers;
its intention to oppose fraudulent registration or misrepresentation.
The Office of the Rector-President may supplement that notification with applications, representations, objections, evidence of use, registrations, and requests for protection under the procedures applicable to each intellectual-property right.
Receipt of a notification shall be distinguished from the formal registration or adjudication of a specific right. This distinction shall not diminish the constitutional ownership asserted by Xaragua over its official institutions, symbols, and original expressions.
TITLE II — CONSTITUTIONAL PRIMACY THROUGHOUT THE REGIONS OF XARAGUA
Article 6 — Source of Authority
All constitutional authority within Xaragua proceeds from the Xaraguayan people, their ancestral continuity, their autonomous communities, and the supreme constitutional order through which their collective institutions are organized.
No external administration is the source of Xaragua’s constituent authority.
Article 7 — Territorial Scope
The constitutional primacy of Xaragua extends to every region, territory, autonomous community, city, commune, island, maritime domain, institution, and digital jurisdiction incorporated into the State by its Constitution, territorial laws, or acts of constitutional integration.
No provision of this Act shall be interpreted as limiting Xaragua’s constitutional authority to the southern part of Hispaniola.
The territorial order of Xaragua includes the totality of the regions and domains formally declared within its constitutional corpus.
Article 8 — Constitutional Interpretation
Xaragua recognizes the principle that public authority originates in the people and that institutions exist to organize, rather than create, constituent sovereignty.
Where an external administrative structure becomes incapable of providing constitutional government, territorial security, justice, representation, or essential administration, the Xaraguayan people retain the authority to organize and exercise their own institutions.
Within the Xaraguayan order, this principle supports the direct exercise of executive, legislative, judicial, academic, economic, cultural, and territorial functions by Xaragua.
Article 9 — Primacy of Xaraguayan Law
Within the institutions and jurisdictions of Xaragua, the following hierarchy shall apply:
the Supreme Constitution of Xaragua;
supreme constitutional laws;
customary and ancestral law;
rectoral decrees and acts of State;
laws governing autonomous communities;
ministerial and administrative regulations;
agreements expressly incorporated into Xaraguayan law.
An external law or administrative act shall have effect within the Xaraguayan order only where accepted, incorporated, recognized, or applied through a competent constitutional decision.
Article 10 — External Administrative Services
The use of services furnished by an external administrative structure shall not constitute:
submission of Xaragua to that structure;
abandonment of ancestral jurisdiction;
transfer of constituent authority;
dissolution of Xaraguayan membership;
recognition of exclusive external sovereignty.
Communities and members may use civil documentation, transportation, healthcare, education, utilities, communications, banking, or other available services according to practical necessity.
Administration is a function. Constitutional identity and constituent authority belong to a distinct juridical order.
Article 11 — Official Visits and External Presence
A visit, mission, program, public announcement, administrative deployment, or political activity conducted by an external authority within a region claimed by Xaragua shall not extinguish or suspend Xaraguayan jurisdiction.
The diplomatic notice transmitted on May 11, 2025 concerning the visit of the Haitian Prime Minister shall remain archived as evidence that:
Xaragua formally asserted its institutional presence;
the regions of Xaragua cannot be reduced to administrative peripheries;
political visits do not establish exclusive constitutional legitimacy;
Xaragua’s territorial position was communicated directly and publicly.
External officials may circulate or perform practical administrative functions where such activity is peaceful and does not purport to extinguish Xaraguayan institutions. Such presence shall not create constitutional acquiescence.
Article 12 — Institutional Succession and Restoration
Xaragua exercises its authority as an Indigenous constitutional restoration rather than as a derivative delegation from an external republic.
It does not require the collapse or legal disappearance of every external institution in order to maintain its own constitutional existence.
The establishment of Xaraguayan authority proceeds from its people, customary order, institutions, territorial doctrine, and continuing exercise of governance.
TITLE III — AUTONOMOUS COMMUNITIES AND SACRED CONSTITUTIONAL UNITY
Article 13 — Constitutional Form
Xaragua is organized as a customary micro-State composed of autonomous communities united under a central constitutional doctrine.
It is neither required to reproduce the centralized bureaucracy of a Westphalian nation-state nor to extinguish the internal authority of its constituent communities.
Its constitutional principle is:
Many communities, one order.
Many territories, one constitutional authority.
Many local administrations, one State.
Article 14 — Community Autonomy
Every recognized community possesses authority over its internal affairs, including:
customary organization;
local administration;
land use and community resources;
cultural and spiritual life;
local services and development priorities;
forms of representation recognized by Xaraguayan law.
Community autonomy shall be exercised consistently with the Constitution, territorial integrity, fundamental doctrine, and institutional unity of Xaragua.
Article 15 — Local Institutions
Existing local offices, including ASEC, CASEC, municipal, customary, and community representatives, may be recognized, incorporated, or reorganized within the Xaraguayan system by constitutional or territorial law.
Their previous or simultaneous participation in an external administrative system shall not automatically disqualify them from Xaraguayan service.
Upon incorporation, their powers, mandates, duties, and institutional rank shall be determined exclusively by Xaraguayan law.
Article 16 — Council of Xaragua
The Council of Xaragua shall constitute the principal representative assembly of autonomous communities.
It may include:
recognized community representatives;
municipal or territorial magistrates;
delegates of customary institutions;
deputies and senators constituted under Xaraguayan law;
members of the Council of Great Notables.
The Council shall participate in legislation, territorial coordination, development planning, institutional consultation, and the preservation of national unity.
Article 17 — Local Elections
Where external authorities fail to organize credible local elections, Xaragua may establish its own electoral procedures for offices within its constitutional order.
Elections may be conducted physically, digitally, or through a hybrid system using:
Xaraguayan identity credentials;
secure electoral registration;
verified territorial residence;
community records;
biometric or administrative documents accepted solely for identification.
The use of an externally issued document for verification shall not confer jurisdiction upon the issuing administration.
Article 18 — Cities and Territorial Communities
Cities and communes incorporated into Xaragua shall possess the status of autonomous territorial communities.
They may administer local affairs, budgets, services, cultural institutions, and development programs while remaining constitutionally integrated into Xaragua.
No territorial community may unilaterally alienate national territory, dissolve the constitutional order, subordinate itself to a foreign power, or secede from Xaragua.
Article 19 — Rector-Presidential Continuity
The Rector-President is the supreme constitutional guardian, doctrinal authority, and permanent protector of the unity of Xaragua.
The constitutional succession of the supreme office shall preserve ancestral and dynastic continuity according to the special law governing the Rectorate.
The Governor-General shall be selected through the constitutional assembly designated by Xaraguayan law and shall exercise an eight-year mandate, subject to the authority and reserved powers of the Rector-President.
TITLE IV — SOVEREIGN TELECOMMUNICATIONS AUTHORITY
Article 20 — Establishment of XSTA
The Xaragua Sovereign Telecommunications Authority (XSTA) is hereby established as the supreme regulatory institution for telecommunications operating within the Xaraguayan constitutional order.
Its jurisdiction includes:
cellular and mobile services;
towers, antennas, and relay infrastructure;
SIM and electronic subscriber-identity systems;
radio and electromagnetic communications;
satellite and terrestrial links;
internet and data-routing infrastructure;
community networks and microcell systems;
official encrypted communications.
Article 21 — Licensing Authority
No telecommunications operator shall be considered authorized under Xaraguayan law unless it holds a license issued or recognized by XSTA.
Licenses may regulate:
infrastructure deployment;
technical and security standards;
coverage obligations;
spectrum coordination;
subscriber registration;
data protection;
emergency services;
infrastructure sharing;
competition and market concentration;
fees and territorial contributions.
External authorization shall not replace the license required by Xaragua within its constitutional jurisdiction.
Article 22 — Infrastructure Sovereignty
Xaragua reserves the permanent right to construct, own, operate, secure, and expand:
telecommunications towers;
solar-powered microcell networks;
local switching systems;
fiber and wireless infrastructure;
satellite terminals;
mesh networks;
secure governmental communications;
regional data-routing systems.
Community-based operators may be authorized and supported where they comply with national security, technical, interoperability, and service standards.
Article 23 — Competition and Market Concentration
An operator possessing more than forty percent of a defined telecommunications market within Xaragua may be subjected to enhanced regulatory review.
XSTA may order:
infrastructure sharing;
interoperability;
non-discriminatory access;
separation of dominant activities;
revision of exclusive agreements;
licensing conditions;
progressive divestment where dominance threatens sovereign access or competition.
No operator shall convert technical dependence into territorial, political, or institutional authority.
Article 24 — SIM and Subscriber Identity
SIM cards, eSIM profiles, subscriber identifiers, and mobile accounts used within Xaraguayan networks shall be subject to registration and security standards established by XSTA.
Xaragua may establish:
a national subscriber-identity system;
sovereign numbering and authentication protocols;
roaming agreements;
community-network credentials;
secure government communication profiles.
Unauthorized devices or credentials may be restricted or excluded from infrastructure controlled by Xaragua.
Article 25 — Security and Encryption
Official communications shall employ encryption and security protocols approved by XSTA.
The State may establish Xaragua Secure Voice (XSV) and related systems for governmental, academic, territorial, diplomatic, and emergency communications.
Any lawful interception authority must be exercised under Xaraguayan law, for a defined purpose, by an authorized institution, and subject to recorded constitutional procedure.
Article 26 — Infrastructure Reclamation and Sanctions
Telecommunications infrastructure operating without authorization under Xaraguayan law may be subjected to:
formal notice;
suspension or refusal of a license;
restriction from State-controlled infrastructure;
mandatory technical compliance;
termination of interconnection;
administrative penalties;
removal, acquisition, requisition, or seizure where authorized by law and exercised within Xaragua’s effective institutional control.
No enforcement measure shall be carried out through unauthorized interference with systems outside Xaragua’s control.
Article 27 — International Coordination
XSTA may communicate with the International Telecommunication Union, ICANN, IANA, technical standards bodies, satellite providers, equipment manufacturers, network operators, Indigenous institutions, and foreign regulatory authorities.
International notification shall establish the date and substance of Xaragua’s regulatory position and its demand for consultation.
Notification does not require Xaragua to surrender its internal authority, nor does receipt alone constitute external registration or adjudication.
TITLE V — SUPREMACY, ENFORCEMENT, AND CONTINUITY
Article 28 — Constitutional Supremacy
This Act supersedes all inconsistent prior formulations concerning:
ownership and protection of the name Xaragua;
the WIPO notification;
constitutional authority in the regions of Xaragua;
relations with external administrative structures;
autonomous communities and local institutions;
telecommunications regulation;
SIM systems, towers, networks, and spectrum policy.
Article 29 — Non-Subordination
No contract, administrative arrangement, external license, political visit, technological dependency, commercial presence, or use of foreign services shall extinguish the constitutional authority of Xaragua.
Article 30 — Enforcement
The State may enforce this Act through:
constitutional and administrative decisions;
licensing and exclusion measures;
contractual remedies;
public notifications;
diplomatic protests;
intellectual-property proceedings;
regulatory cooperation;
territorial and institutional enforcement within its effective authority.
Article 31 — Entrenchment
The national identity of Xaragua, the constitutional unity of its regions, the autonomy of its communities, and the sovereign authority of its telecommunications institutions are permanently entrenched principles.
Implementing provisions may be revised to strengthen legal accuracy, security, technological capacity, or institutional execution, provided that the powers and constitutional substance established herein are not diminished.
Article 32 — Entry into Force
This Act enters into force immediately upon promulgation and shall be entered into the Supreme Constitutional Register of Xaragua.
ISSUED, PROCLAIMED, AND SEALED
Pascal Despuzeau Daumec Viau
Rector-President and Prelate-Founder
Sovereign Catholic Indigenous Private State of Xaragua
Supreme Custodian of the Name and Constitutional Order of Xaragua
www.xaraguauniversity.com
info@xaraguauniversity.com



SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA

CONSOLIDATED CONSTITUTIONAL ACT ON INTELLECTUAL SOVEREIGNTY, PROFESSIONAL AUTHORITY, AND INTERNATIONAL NOTIFICATION

Legal Classification: Supreme Constitutional Instrument

Issuing Authority: Office of the Rector-President

Applicable Order: Constitutional, Indigenous, Customary, Canonical, Academic, and Institutional Law of Xaragua

PREAMBLE

Whereas Xaragua constitutes an Indigenous customary order possessing its own constitutional institutions, internal jurisdiction, academic system, cultural patrimony, professional authorities, and digital infrastructure;

Whereas the Xaraguayan people possess the right to maintain, control, protect, and develop their cultural heritage, traditional knowledge, institutional systems, intellectual productions, and educational structures;

Whereas the State must preserve the integrity of its name, symbols, publications, technologies, professional qualifications, data systems, and constitutional identity;

The following provisions are hereby enacted as permanent law within the juridical order of Xaragua.

TITLE I — INTELLECTUAL, TECHNOLOGICAL, AND CULTURAL SOVEREIGNTY

Article 1 — State Intellectual Patrimony

All constitutional instruments, official publications, academic programs, technological systems, databases, software, visual identities, symbols, ceremonial protocols, institutional models, and original works produced under the authority of Xaragua form part of the Intellectual Patrimony of the State.

Protection shall extend to every original expression, compilation, adaptation, translation, design, recording, and digital implementation recognized under applicable intellectual property law and the internal law of Xaragua.

Article 2 — Ownership and Administration

Unless otherwise established by written instrument, intellectual assets created by State organs, commissioned institutions, or persons acting within an official mandate shall be administered by Xaragua.

The State may register, publish, license, restrict, archive, commercialize, reproduce, or authorize the adaptation of such assets.

Ideas, methods, historical materials, and elements belonging to the public domain remain distinguishable from the original expressions and institutional applications developed by Xaragua.

Article 3 — Indigenous Cultural Heritage

Traditional knowledge, cultural expressions, sacred materials, Indigenous symbols, oral traditions, and collective historical records shall be protected under Xaraguayan customary law and the principles expressed in Articles 11, 12, 13, and 31 of the United Nations Declaration on the Rights of Indigenous Peoples.

Their commercial or institutional use may be subjected to authorization, attribution, licensing, and benefit-sharing requirements.

Article 4 — Digital and Data Sovereignty

Official databases, registries, archives, source code, protected communications, internal analytics, and confidential institutional data are inviolable components of the digital jurisdiction of Xaragua.

Unauthorized access, extraction, alteration, surveillance, disclosure, or commercial exploitation shall constitute a violation of State law and may result in exclusion, contractual remedies, public notification, or proceedings before a competent forum.

Article 5 — Economic Development

Xaragua retains the authority to convert its intellectual, educational, technological, cultural, and symbolic assets into institutional revenue, strategic capital, licensed services, publications, digital products, and other lawful economic instruments.

No asset classified as inalienable State patrimony may be permanently transferred without express constitutional authorization.

TITLE II — PROFESSIONAL AUTHORITY AND LEGAL ACCREDITATION

Article 6 — Sovereign Bar Association of Xaragua

The Sovereign Bar Association of Xaragua (SBA-X) is hereby established as the professional authority responsible for the admission, certification, ethics, discipline, and institutional standing of legal practitioners operating within the Xaraguayan legal order.

Its authority applies to practice before Xaraguayan institutions and does not, by itself, confer authorization to practice before the courts or regulated professions of another jurisdiction.

Article 7 — Legal Education

The State determines the academic, constitutional, ethical, customary, and professional requirements governing admission to Xaraguayan legal practice.

The University of Xaragua and other duly authorized institutions may provide the education and examinations required for admission.

Foreign qualifications may be evaluated and recognized according to standards established by the Ministry of Justice and the SBA-X.

Article 8 — Legal Representation

No person may claim to represent Xaragua, its government, its University, or its constitutional institutions without a written mandate issued by the competent authority.

The Bureau of International Legal Consultation may prepare legal opinions, institutional memoranda, comparative studies, and advisory reports concerning Xaraguayan law and policy.

Article 9 — National Register of Professional Orders

The National Register of Professional Orders (NRPO-X) shall record the professional bodies constituted under Xaraguayan law, including:

the Order of Legal Practitioners;

the Order of Medical Practitioners;

the Order of Dental Practitioners;

the Order of Notarial Officers;

the Order of Social Intervention and Counselors.

Each Order shall be governed by its own statute, admission requirements, ethical rules, disciplinary procedures, and defined field of institutional practice.

Professional accreditation issued by Xaragua certifies standing within its own jurisdiction. Practice under another jurisdiction remains subject to the applicable requirements of that jurisdiction.

TITLE III — PROTECTION OF THE NAME AND INSTITUTIONAL IDENTITY OF XARAGUA

Article 10 — Protected Institutional Identity

The names, official titles, coats of arms, seals, flags, governmental identifiers, original visual systems, and institutional publications of Xaragua shall be protected against unauthorized representation, fraudulent registration, deceptive commercial use, and false claims of official affiliation.

The historical name “Xaragua” is distinguished from the specific trademarks, designs, institutional titles, and original expressions developed and used by the Xaraguayan State.

Article 11 — WIPO Notification

The communication transmitted to the World Intellectual Property Organization on May 13, 2025, under Ticket Reference No. 6025046532, shall remain archived as evidence of formal notification concerning Xaragua’s institutional identity and asserted intellectual interests.

This notification shall support any registration, opposition, domain-name proceeding, copyright claim, or other protective measure undertaken before a competent authority. Receipt of the communication shall be recorded as evidence of notification and shall not be represented as a formal registration or adjudication unless separately confirmed by the competent institution.

Article 12 — Enforcement

Where unauthorized use or misrepresentation occurs, Xaragua may:

issue notices of opposition or cease and desist;

demand attribution, correction, licensing, or compensation;

suspend institutional relations;

record the responsible party in an official register;

initiate proceedings before competent intellectual property, contractual, arbitral, judicial, or domain-name authorities.

TITLE IV — NATIONAL IDENTITY AND INTERNATIONAL MOBILITY

Article 13 — Xaraguayan Membership

Xaragua possesses the internal authority to determine its membership, citizenship categories, civil registers, institutional affiliations, and identity documents in accordance with its Constitution and Article 33 of UNDRIP.

Xaraguayan membership shall not be extinguished solely because a person possesses documents issued by another administration for travel, civil registration, residence, or practical necessity.

Article 14 — External Immigration Classification

Xaragua formally requests that foreign authorities distinguish Xaraguayan Indigenous identity and institutional membership from presumptions based exclusively upon place of birth, residence, or possession of external administrative documents.

Xaraguayan documentation may be presented as supplementary evidence of Indigenous identity, institutional affiliation, and membership. Its treatment for admission, visas, nationality, or border control shall remain subject to the law of the receiving jurisdiction.

Article 15 — United States Travel Restrictions

The application of any United States travel restriction to a Xaraguayan member shall be assessed according to the governing proclamation, the immigration status of the individual, the travel document presented, and the applicable law of the United States.

The Ministry of Foreign Affairs may request exemptions, individual review, humanitarian consideration, institutional accommodation, or differentiated treatment where a measure imposed upon Haiti would improperly disregard a person’s documented Xaraguayan Indigenous affiliation.

Any detention, refusal, or administrative misclassification may be documented and submitted through the appropriate diplomatic, judicial, Indigenous-rights, or human-rights mechanisms.

TITLE V — FINAL PROVISIONS

Article 16 — Constitutional Supremacy

This Act governs the protection and administration of Xaragua’s intellectual patrimony, professional institutions, cultural identity, and internal systems.

Its provisions shall bind every ministry, institution, professional Order, official, member, contractor, and authorized representative operating within the Xaraguayan constitutional order.

Article 17 — Interpretation

This Act shall be interpreted consistently with the Constitution of Xaragua, Indigenous customary law, applicable principles of canon law, UNDRIP, and the intellectual property instruments relevant to each protected asset.

External instruments cited by Xaragua shall be applied according to their proper scope, jurisdiction, and legal function.

Article 18 — Institutional Continuity

The rights, institutions, archives, and protective mechanisms established by this Act shall continue across changes of administration. They may be supplemented by constitutional law or implementing decree, provided that the continuity of Xaragua’s Indigenous patrimony and institutional autonomy is preserved.

Proclaimed and enacted under the authority of the Rector-President of Xaragua.

OFFICE OF THE RECTOR-PRESIDENT

SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA

www.xaraguauniversity.com

info@xaraguauniversity.com



SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA

CONSOLIDATED CONSTITUTIONAL ACT

On Communications, Natural Resources, Economic Institutions, Intellectual Sovereignty, Catholic Identity, and External Legal Relations

Consolidation Date: August 28, 2026

Original Foundational Period: April 15–25, 2025

Issuing Authority: Office of the Rector–President

ARTICLE I — STATUS AND CONSTITUTIONAL INTERPRETATION

This Act consolidates the decrees promulgated between April 15 and April 25, 2025, concerning communications, aerospace doctrine, natural resources, land, agriculture, archives, civil status, currency, financial institutions, intellectual property, institutional dignity, Catholic identity, and external legal instruments.

The Foundational Doctrine published on the page “The State” constitutes the current and controlling framework for their interpretation.

All prior appointments, registrations, affiliations, institutional designations, financial records, protected works, and internal legal statuses remain valid unless expressly amended or revoked. No provision shall be interpreted beyond the Indigenous, customary, Catholic, private, institutional, and non-Westphalian jurisdiction of Xaragua.

ARTICLE II — GENERAL LEGAL FOUNDATION

Xaragua exercises its internal authority through customary law, institutional affiliation, community participation, private property, contract, education, cultural continuity, and the constitutional acts of the Rector–President.

The United Nations Declaration on the Rights of Indigenous Peoples, the ICCPR, the ICESCR, relevant principles of customary law, and other applicable instruments shall serve as interpretative references concerning self-determination, autonomy, Indigenous institutions, culture, traditional knowledge, lands, resources, education, and economic development.

Their incorporation into Xaraguayan doctrine does not create automatic diplomatic recognition, territorial exclusivity, external immunity, or exemption from the laws applicable where an activity, asset, account, or institution is physically or legally situated.

TITLE I — COMMUNICATIONS AND TECHNICAL INFRASTRUCTURE

ARTICLE III — RADIOCOMMUNICATIONS AND DIGITAL NETWORKS

The State recognizes telecommunications, broadcasting, digital platforms, databases, archives, relay systems, antennas, and communications infrastructure as strategic elements of its institutional continuity.

Within infrastructure owned, administered, contracted, or lawfully controlled by Xaragua, the State may:

establish radio, audio, television, and digital broadcasting services;

maintain internal communications networks;

authorize institutional antennas, servers, relays, and technical equipment;

protect governmental, academic, religious, and private communications;

establish security and confidentiality standards;

preserve Indigenous language, history, doctrine, liturgy, culture, and public records.

Radio-frequency use, broadcasting authorization, antenna installation, satellite access, and physical telecommunications operations shall comply with the technical and licensing rules applicable at their physical location.

Unauthorized interception, intrusion, disruption, data capture, impersonation, or sabotage directed against Xaraguayan systems shall constitute an offense within the internal law of Xaragua and may result in exclusion, revocation of affiliation, contractual action, technical countermeasures, or referral to the competent authority.

ARTICLE IV — NATIONAL COMMUNICATIONS NETWORK

The Government may establish and maintain one or more radio, television, podcast, streaming, publishing, and digital-information services.

The University of Xaragua shall preserve official broadcasts as part of the National Constitutional, Academic, and Audiovisual Archive.

The Ministry responsible for technology and communications shall coordinate technical administration. Protective institutions may secure infrastructure only within their lawful mandate and under the chain of command established by the Constitution.

TITLE II — AEROSPACE AND CELESTIAL DOCTRINE

ARTICLE V — CULTURAL AND SCIENTIFIC RELATIONSHIP WITH THE SKY

The atmospheric and celestial environment associated with the ancestral territory forms part of the spiritual, astronomical, cultural, historical, and scientific heritage of the Xaraguayan People.

Xaragua may develop:

an Indigenous celestial and astronomical doctrine;

its own ceremonial calendar and systems of temporal orientation;

academic research concerning aviation, satellites, astronomy, climate, and remote observation;

archives of flights, satellite activity, celestial phenomena, and environmental data;

partnerships with academic, scientific, religious, and technical institutions.

The University of Xaragua is entrusted with preserving this knowledge and documenting the relationship between Indigenous cosmology, Catholic thought, natural science, and celestial observation.

Nothing in this Article shall be construed as extending territorial jurisdiction beyond the limits recognized by the controlling constitutional doctrine.

ARTICLE VI — AEROSPACE SECURITY AND OBSERVATION

Unauthorized surveillance, cyber intrusion, hostile data collection, or targeted technical interference directed against Xaraguan institutions may be documented as a security incident.

The responsible authorities may preserve evidence, issue institutional findings, strengthen technical protections, and communicate with the competent operators or authorities.

Military, aviation, drone, satellite, and aerospace activities remain governed externally by the legal and technical systems applicable to them and internally by the security doctrine of Xaragua insofar as Xaraguan persons or institutions are concerned.

TITLE III — LAND, WATER, FOOD, AND ANCESTRAL HERITAGE

ARTICLE VII — WATER AND ECOLOGICAL PROTECTION

Rivers, springs, aquifers, wetlands, rainfall systems, coastal environments, and other water resources connected to Xaraguan communities are recognized as elements of collective ecological and spiritual heritage.

Xaragua shall oppose pollution, unlawful diversion, destructive extraction, and projects incompatible with the survival of the communities or ecosystems concerned.

Community access, environmental sustainability, agricultural use, public health, and intergenerational protection shall guide all internal decisions concerning water.

ARTICLE VIII — LAND AND CUSTOMARY TENURE

Ancestral lands affiliated with Xaragua shall be documented through the National Land Registry according to customary possession, documented title, family continuity, inheritance, marriage, community recognition, contract, and lawful service to Xaragua.

No institution of Xaragua may transfer community or privately held land without the consent of the lawful holder and compliance with the applicable internal and external legal requirements.

The State shall preserve evidence of customary occupation, family lineage, cultural connection, and historical possession without extinguishing valid private or community rights.

ARTICLE IX — SEEDS AND FOOD SOVEREIGNTY

Native seeds, traditional crops, agricultural knowledge, cultivation practices, and local food systems form part of Xaragua’s biological and cultural heritage.

Xaragua shall promote:

seed preservation and exchange;

local agriculture and food resilience;

protection against biological contamination;

transparent assessment of patented, sterile, genetically modified, or externally controlled agricultural products;

community authority over internal agricultural programs.

Restrictions adopted under this Article shall apply to Xaraguan institutions, programs, properties, and participating communities within the scope of their lawful authority.

TITLE IV — ARCHIVES, NAMES, LINEAGES, AND CIVIL CONTINUITY

ARTICLE X — NATIONAL MEMORY

Official texts, seals, flags, coats of arms, maps, portraits, recordings, publications, ceremonies, liturgical materials, databases, educational works, and audiovisual productions created by or for Xaragua constitute its constitutional and cultural archive.

The State retains the right to regulate their official use, reproduction, alteration, licensing, commercial exploitation, and institutional presentation.

The University of Xaragua shall maintain the principal National Archive and may authenticate official versions of protected materials.

ARTICLE XI — NAMES, LINEAGES, MARRIAGE, AND BURIALS

Xaragua may maintain internal records of marriages, families, surnames, lineages, inheritances, titles, funerals, cemeteries, ancestral sites, and commemorative monuments.

Marriage may possess civil, customary, patrimonial, and spiritual dimensions. Catholic sacramental status remains governed by the competent ecclesiastical form and authority.

Civil and customary records issued by Xaragua possess legal effect within its internal jurisdiction. Their external effects depend upon the rules of the jurisdiction in which recognition is sought.

Burial sites, human remains, family relics, and sacred memorials shall be protected against desecration, unauthorized removal, destruction, or commercial exploitation.

TITLE V — MONETARY AND FINANCIAL ORDER

ARTICLE XII — VIAUD’OR

The Viaud’or (VDO) is confirmed as the official internal unit of account of Xaragua.

It may be used for:

governmental and institutional accounting;

internal contracts and certificates;

University services;

membership and administrative records;

bonds and development instruments lawfully established by Xaragua;

authorized digital transactions.

VDO does not exclude the practical use of currencies accepted in the place where a transaction occurs. External currencies may be used as settlement instruments while the corresponding Xaraguan obligation remains denominated internally in VDO.

No representation shall be made that VDO possesses legal-tender status outside Xaragua’s internal institutional jurisdiction unless accepted by the competent external authority.

ARTICLE XIII — INDIGENOUS BANK OF XARAGUA

The Indigenous Bank of Xaragua – Central Reserve Treasury is confirmed as the central treasury, accounting authority, monetary registry, and financial-administration institution of Xaragua.

It may:

administer governmental funds and reserves;

maintain accounts with regulated external financial providers;

issue internal accounting records and certificates;

manage VDO-denominated obligations;

supervise authorized development funds;

establish financial controls and reporting procedures.

Accounts maintained with Wise, Wealthsimple, or another provider remain subject to the contracts, regulations, reporting duties, taxation rules, and jurisdiction applicable to those providers and account holders.

The use of an external financial platform does not transfer Xaragua’s internal constitutional authority to that platform, nor does Xaragua’s designation of an account remove it from the provider’s lawful regulatory framework.

ARTICLE XIV — DEVELOPMENT AND INVESTMENT FUNDS

The Leblanc Investment Funds is confirmed as an authorized development and investment organ of Xaragua.

Any participation shall be governed by written contracts specifying contributions, duration, risks, fees, custody, withdrawal conditions, reporting, governing law, and dispute-resolution procedures.

No investment shall be described as guaranteed, immune from loss, exempt from taxation, or protected from lawful reporting and regulatory requirements unless such status is expressly established by the competent external authority.

TITLE VI — STATE ENTERPRISES AND INTELLECTUAL SOVEREIGNTY

ARTICLE XV — LPDDV

LPDDV is confirmed as a designated enterprise serving Xaragua in communications, branding, administration, commercial development, and technical support.

Its registration within Quebec remains legally distinct from its constitutional designation by Xaragua. It shall comply with the law governing its corporate registration, taxation, accounts, contracts, and physical operations.

Its status as a Xaraguan State enterprise defines its internal mission and institutional relationship with the Government without nullifying the obligations attached to its external registration.

ARTICLE XVI — OFFICE OF INTELLECTUAL AND TECHNOLOGICAL SOVEREIGNTY

The Office of Intellectual and Technological Sovereignty is confirmed as the internal authority responsible for registering, classifying, preserving, and licensing:

Indigenous knowledge and technologies;

cultural and scientific works;

institutional designs and symbols;

agricultural and ecological knowledge;

civil and defensive research;

confidential technical documentation;

inventions created by or assigned to Xaragua.

Internal registration establishes an official Xaraguan record of authorship, custody, classification, and authorized use. Protection in another jurisdiction shall be pursued through the intellectual-property mechanisms applicable there.

ARTICLE XVII — NATIONAL ARMORY AND DEFENSIVE RESEARCH

The Xaragua National Armory is maintained as an institutional designation for lawful research, historical documentation, protective equipment policy, technological self-reliance, and defensive doctrine.

Sensitive technical documents may be classified by the Rector–President. Research, manufacture, acquisition, possession, transportation, and use of regulated equipment shall remain subject to the applicable law of the place where the activity occurs.

Traditional Indigenous and African technical knowledge may be preserved as cultural and intellectual heritage under Article 31 of UNDRIP and the internal intellectual-property law of Xaragua.

TITLE VII — INSTITUTIONAL DIGNITY AND DIGITAL PROTECTION

ARTICLE XVIII — PROTECTION AGAINST FALSE REPRESENTATION

Xaragua shall protect its name, officers, symbols, documents, institutions, and digital identity against fraud, impersonation, fabricated documents, malicious falsification, unauthorized commercial use, and deliberate misrepresentation.

Persons affiliated with Xaragua remain subject to its rules of discipline and institutional conduct. Sanctions may include correction of the record, suspension, exclusion, revocation of privileges, termination of contracts, or removal from internal registries.

Public disagreement, criticism, academic analysis, or private opinion shall not by itself constitute an internal offense unless accompanied by fraud, harassment, unlawful disclosure, impersonation, contractual breach, or deliberate falsification.

ARTICLE XIX — DIGITAL AUTONOMY

Websites, educational platforms, archives, social networks, broadcasting channels, and databases operated by Xaragua constitute protected institutional infrastructure.

Xaragua may:

maintain backup and mirror systems;

preserve independent archives;

establish internal platforms;

document censorship, de-indexation, impersonation, or technical interference;

pursue contractual, administrative, judicial, or public remedies;

discontinue relations with platforms classified as incompatible with its institutional interests.

The use of an external platform remains governed by the applicable contract and operating rules of that platform.

TITLE VIII — CATHOLIC ORDER AND ECCLESIAL CONTINUITY

ARTICLE XX — CATHOLIC IDENTITY

Xaragua affirms its permanent Catholic identity and its communion with the faith, doctrine, sacramental life, and Magisterium of the Roman Catholic Church.

The Catholic Order of Xaragua operates as a private association and institutional expression of Catholic faithful according to its statutes and the applicable provisions of canon law.

Notifications transmitted to the Holy See constitute documented ecclesial communications. Silence or absence of opposition shall not be interpreted as canonical erection, approval of statutes, public juridical personality, or a pontifical mandate.

ARTICLE XXI — CONCORDAT AND EDUCATION

The Concordat of March 28, 1860 forms part of the historical and juridical study of Xaragua’s Catholic institutional environment.

Xaragua does not claim treaty succession solely by internal declaration. The Concordat may nevertheless serve as a historical, doctrinal, and interpretative reference concerning Catholic education and ecclesiastical continuity.

The University of Xaragua shall administer higher education within the constitutional order of Xaragua in harmony with Catholic doctrine. Cooperation in primary, secondary, theological, or ecclesiastical education may be established with competent Catholic institutions through express agreement.

TITLE IX — EXTERNAL LEGAL INSTRUMENTS

ARTICLE XXII — SELECTIVE RECEPTION

Xaragua may receive, apply, incorporate, or recognize external laws, standards, judgments, qualifications, and administrative procedures when they are compatible with its Constitution and useful to its institutions or communities.

The use of an external public service, currency, registry, license, court, technical standard, or administrative mechanism does not constitute the abandonment of Xaragua’s internal identity or customary authority.

External rules shall be examined according to:

their subject matter;

their place of application;

the persons and property concerned;

contractual obligations;

community interests;

the constitutional doctrine of Xaragua.

Xaragua may refuse to incorporate an external rule into its internal legal order. Such refusal does not, by itself, invalidate the application of that rule within the jurisdiction from which it originates.

ARTICLE XXIII — CONTINUITY AND HIERARCHY

All earlier decrees concerning the matters consolidated herein remain archived as foundational instruments.

Where an earlier provision conflicts with this Act or with the controlling doctrine of “The State,” this Act and the later constitutional doctrine shall prevail.

No earlier provision may be interpreted as creating:

automatic international recognition;

universal or extraterritorial jurisdiction;

automatic treaty succession;

immunity from taxation, regulation, reporting, seizure, or judicial process outside Xaragua;

ownership of external frequencies, airspace, orbital space, or financial platforms;

canonical recognition through silence;

legal effects exceeding the authority of the institution issuing the act.

ARTICLE XXIV — ENTRY INTO FORCE

This Consolidated Constitutional Act enters into force immediately upon publication and supersedes inconsistent formulations contained in the decrees issued between April 15 and April 25, 2025.

Issued under the supreme constitutional authority of the Rector–President.

Pascal Viau

Rector–President

Sovereign Catholic Indigenous Private State of Xaragua

University of Xaragua

Miragoâne, Xaragua

https://xaraguauniversity.com



SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA
CONSOLIDATED CONSTITUTIONAL ACT ON TERRITORIAL PROTECTION, NAVASSA ISLAND, DIGITAL IDENTITY, ENERGY, AND NATURAL RESOURCES
Issuing Authority: Office of the Rector-President
Legal Classification: Supreme Constitutional Instrument
Date of Original Notification: May 14–17, 2025
PREAMBLE
Whereas Xaragua constitutes an Indigenous customary order possessing its own territorial doctrine, constitutional institutions, cultural patrimony, digital infrastructure, and system of resource stewardship;
Whereas the Xaraguayan people maintain ancestral, historical, cultural, and maritime relationships with the territories and waters associated with the Grand South of Hispaniola;
Whereas Articles 3, 4, 5, 20, 25, 26, 31, 32, 33, and 34 of the United Nations Declaration on the Rights of Indigenous Peoples affirm the rights of Indigenous peoples concerning self-government, institutions, territories, resources, culture, and membership;
The following provisions are enacted as supreme law within the constitutional jurisdiction of Xaragua.
TITLE I — GENERAL PROTECTION OF THE STATE
Article 1 — Protected Constitutional Domain
The territorial, institutional, cultural, ecological, intellectual, technological, and digital assets lawfully administered by Xaragua constitute protected components of its national patrimony.
No property, territory, institution, archive, resource, or cultural expression under Xaraguayan authority shall be treated internally as abandoned, unregulated, or available for unauthorized appropriation.
Article 2 — Institutional Protection
Xaragua may establish registries, licensing systems, conservation measures, access restrictions, contractual safeguards, and administrative authorities for the protection of its patrimony.
Unauthorized exploitation, fraudulent representation, data extraction, destruction, or interference may result in exclusion from Xaraguayan institutions, termination of authorization, public notification, demands for restitution, or proceedings before a competent forum.
TITLE II — NAVASSA ISLAND
Article 3 — Constitutional Territorial Claim
Xaragua hereby maintains its constitutional claim concerning Navassa Island, known historically as La Navase, as part of its ancestral and maritime patrimony.
This claim is founded upon:
the historical territorial relationship between Navassa and the southern regions of Hispaniola;
the constitutional inclusion of adjacent islands within the territorial conception of Haiti following independence;
the continuing Haitian claim to Navassa;
the ancestral maritime practices and cultural geography of the Indigenous peoples of the region;
the right of Indigenous peoples to maintain their relationships with traditionally associated lands, waters, and resources.
Article 4 — International Notification
The communication transmitted on May 14, 2025, shall remain archived as formal notice of Xaragua’s constitutional position concerning Navassa.
The notification records the existence, date, substance, and institutional authorship of the claim. It shall support subsequent diplomatic communications, historical research, environmental advocacy, negotiations, or proceedings before any competent body.
Article 5 — Rejection of Unilateral Appropriation
Xaragua rejects the characterization of Navassa as historically devoid of territorial, cultural, or juridical relationships.
Any foreign claim founded upon the alleged absence of prior relationships shall be contested through historical documentation, constitutional records, Indigenous territorial principles, and the established dispute concerning the island.
The United States presently administers Navassa as an insular area through the United States Fish and Wildlife Service, while Haiti has historically maintained its own claim. Xaragua’s declaration constitutes its distinct Indigenous constitutional position within that unresolved territorial history. U.S. Department of the Interior, U.S. Office of the Historian
Article 6 — Maritime and Environmental Jurisdiction
Xaragua asserts the maritime rights associated with its Navassa claim to the maximum extent permitted under applicable international maritime law.
Such rights include claims concerning:
the territorial sea and its seabed;
marine conservation and biodiversity;
fisheries and biological resources;
mineral and geological resources;
scientific research;
environmental protection;
any exclusive economic zone or continental shelf entitlement lawfully generated by the island.
Navigation and other maritime activities shall be governed according to the legal character of the applicable maritime zone.
Article 7 — Protection of Navassa
Unauthorized extraction, commercial exploitation, permanent installation, environmental degradation, or removal of cultural and natural materials from Navassa shall be formally opposed by Xaragua.
The State may issue diplomatic protests, maintain a register of institutional violations, request environmental intervention, seek Indigenous consultation, or submit documentation to appropriate regional and international bodies.
TITLE III — NATURAL RESOURCES AND ENERGY
Article 8 — National Resource Patrimony
All natural resources situated within territories and maritime zones placed under the effective jurisdiction of Xaragua shall form part of the protected patrimony of the State, including:
petroleum, natural gas, and hydrocarbons;
metallic and non-metallic minerals;
freshwater, aquifers, forests, and agricultural resources;
marine biodiversity and fisheries;
geothermal, solar, wind, hydroelectric, and other energy resources;
seabed and subsoil resources.
Article 9 — Regulatory Authority
Exploration, extraction, processing, importation, storage, transportation, distribution, exportation, and commercial use of strategic resources require authorization from the competent Xaraguayan authority.
Licenses shall specify their territorial scope, duration, environmental conditions, fiscal obligations, local-benefit requirements, reporting duties, and grounds for suspension or revocation.
Article 10 — Energy Administration
The State may reserve strategic energy activities to public institutions or authorize private and cooperative operators under license.
Petroleum products, fuel reserves, ports, depots, pipelines, generating facilities, and distribution systems may be subjected to national planning, supply-security requirements, price regulation, environmental standards, and emergency allocation.
Article 11 — Existing Property and Infrastructure
Infrastructure lawfully incorporated into the Xaraguayan public domain shall be administered as State property.
Private property may be acquired, regulated, requisitioned, or expropriated only through a competent legal act identifying the public purpose, territorial basis, applicable procedure, and conditions of compensation or restitution.
Article 12 — Strategic Reserves
A National Strategic Resource Reserve may be established for fuel, food, water, medicines, minerals, energy equipment, and other essential materials.
Licensed operators may be required to maintain reasonable reserves and provide verified information concerning production, storage, imports, exports, and environmental compliance.
TITLE IV — INTERNAL JURIDICAL PRIMACY
Article 13 — Xaraguayan Constitutional Order
Within the institutions and domains governed by Xaragua, the Constitution, customary law, rectoral acts, ministerial regulations, and laws of Xaragua constitute the applicable internal order.
External laws shall have effect within that order only where expressly incorporated, recognized, contractually accepted, or applied through an institutional agreement.
Article 14 — Administrative Separation
The use by Xaraguayan members or autonomous communities of services furnished by an external administration does not, by itself, transfer Xaraguayan institutional authority or extinguish customary affiliation.
Civil documents, transportation systems, utilities, healthcare, education, financial services, and other practical mechanisms may be used according to necessity without determining the constitutional identity of the community.
Article 15 — Institutional Exclusivity
Only duly authorized organs of Xaragua may represent the State, administer its internal institutions, issue official documents, license the use of its name, or exercise functions in its constitutional jurisdiction.
No external actor may falsely claim authority to speak or contract on behalf of Xaragua.
TITLE V — PROTECTION OF THE .XA DIGITAL IDENTIFIER
Article 16 — Internal Reservation
The identifier .xa is reserved within Xaragua as its official digital designation and as a protected institutional symbol.
Until delegation as a Top-Level Domain within the global Domain Name System, .xa may be used in internal directories, symbolic addresses, documentation, controlled naming systems, and redirection architecture.
Article 17 — Administration
The Office of the Rector-President shall exercise internal guardianship over .xa and may designate a technical authority responsible for:
registry policy;
institutional eligibility;
cybersecurity;
domain allocation;
dispute resolution;
technical continuity;
protection against false affiliation.
Article 18 — External Delegation
Xaragua may pursue the future delegation or lawful acquisition of .xa through the applicable ICANN and IANA procedures.
The present Act establishes prior institutional use and a formally documented claim of interest. It does not represent .xa as an operational public Top-Level Domain before formal technical delegation. The authoritative list of active Top-Level Domains is maintained through the ICANN/IANA system. ICANN
Article 19 — Prohibited Misrepresentation
No person may falsely represent a .xa address, registry, service, or digital platform as officially affiliated with Xaragua.
The State may oppose deceptive branding, fraudulent registry services, cybersquatting, impersonation, or unauthorized use of its protected institutional identifiers through appropriate contractual, domain-name, trademark, or judicial procedures.
TITLE VI — ENFORCEMENT AND CONTINUITY
Article 20 — Enforcement Measures
Violations of this Act may result in:
suspension or revocation of licenses;
termination of institutional access;
administrative interdiction;
removal from official registries;
public notice of infringement;
contractual or proprietary claims;
demands for restitution or compensation;
proceedings before competent national, arbitral, regional, or international mechanisms.
Article 21 — International Instruments
The interpretation and external presentation of this Act may draw upon UNDRIP, applicable intellectual property law, environmental conventions, the principles of self-determination, and relevant rules of international maritime law.
Each instrument shall be invoked according to its proper scope and legal function.
Article 22 — Constitutional Continuity
This Act supersedes inconsistent prior formulations concerning Navassa, territorial protection, .xa, natural resources, and energy administration.
Its fundamental principles are constitutionally entrenched. Implementing provisions may be supplemented or revised by a subsequent constitutional instrument without extinguishing Xaragua’s Indigenous identity, territorial doctrine, institutional autonomy, or permanent custodianship of its national patrimony.
PROCLAIMED AND SEALED
Pascal Despuzeau Daumec Viau
Rector-President and Prelate-Founder
Sovereign Catholic Indigenous Private State of Xaragua
Office of the Rector-President
www.xaraguauniversity.com



SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA
SUPREME CONSTITUTIONAL LAW ON HISTORICAL REPARATION, SOVEREIGN DEVELOPMENT FINANCE, ARTIFICIAL INTELLIGENCE, AND EDUCATIONAL AUTONOMY
Issuing Authority: Office of the Rector-President
Legal Classification: Supreme Constitutional and Organic Instrument
Original Instruments Consolidated: May 25–June 4, 2025
Status: Constitutionally Entrenched — Institutionally Binding — Non-Derogable by Subordinate Authority
PREAMBLE
Whereas Xaragua constitutes a sovereign Catholic Indigenous customary order possessing permanent constitutional institutions, historical continuity, territorial doctrine, financial authority, academic jurisdiction, and technological capacity;
Whereas the diplomatic disappearance of Louis-Auguste Daumec, the coercive imposition of the French ordinance of 1825, and the resulting extraction of Haitian national wealth remain unresolved matters of historical responsibility and reparative justice;
Whereas the autonomous development of Xaragua requires a protected financial institution capable of receiving, administering, investing, and allocating national, ecclesiastical, Indigenous, humanitarian, and cooperative resources without political absorption;
Whereas artificial intelligence, digital infrastructure, educational systems, institutional knowledge, and academic production constitute strategic instruments of national continuity;
The following provisions are hereby enacted as supreme law within the constitutional jurisdiction of Xaragua.
TITLE I — HISTORICAL RESPONSIBILITY OF FRANCE AND THE DAUMEC CLAIM
Article 1 — Formal State Demand
Xaragua formally places before the French Republic a continuing State demand concerning:
the diplomatic mission and subsequent disappearance from the historical record of Louis-Auguste Daumec;
the ordinance imposed upon Haiti by King Charles X on April 17, 1825;
the extraction of 150 million gold francs originally demanded as the price of French recognition;
the financial, political, institutional, and intergenerational consequences of that imposition;
the right of the Daumec family and the institutions of Xaragua to historical truth, diplomatic restoration, apology, and reparation.
This demand is issued by the Rector-President in his constitutional capacity and as the declared direct descendant of Louis-Auguste Daumec.
Article 2 — Diplomatic Status of Louis-Auguste Daumec
Xaragua recognizes Louis-Auguste Daumec as a senior Haitian legal and diplomatic officer associated with the defense of the sovereignty and international standing of the post-independence State.
His disappearance from the accessible diplomatic record, without a documented account of his return, death, expulsion, detention, or final disposition, constitutes a serious diplomatic and historical matter requiring official investigation.
No unverified conclusion shall be substituted for the archival record. France bears responsibility for identifying and disclosing every document held by its royal, diplomatic, naval, military, police, judicial, colonial, or administrative archives concerning Daumec’s mission and fate.
Article 3 — Mandatory Historical Investigation
Xaragua demands the constitution of a documented French archival investigation empowered to determine:
the authority and purpose under which Daumec travelled;
the date and circumstances of his arrival;
the French officials or intermediaries with whom he communicated;
the treatment accorded to his diplomatic representations;
the existence of surveillance, restriction, detention, expulsion, illness, death, or disappearance;
the location of his correspondence, reports, credentials, possessions, and official records.
The Daumec family and the Office of the Rector-President shall be entitled to receive the conclusions and supporting archival references concerning the investigation.
Article 4 — Characterization of the 1825 Indemnity
Xaragua declares that the ordinance of 1825 was not a freely negotiated settlement between equal parties.
It constituted a colonial financial imposition made under French naval pressure and conditioned the recognition of Haitian independence upon compensation to former colonial proprietors for the loss of an enslaving order already defeated by the Haitian people.
The subsequent reduction, refinancing, servicing, or payment of the indemnity did not cure its coercive origin. No later administrative execution converted the original injustice into a legitimate obligation.
Article 5 — Reparative Obligations Demanded
Xaragua formally demands that the French Republic:
acknowledge the coercive and colonial character of the 1825 ordinance;
issue a public State apology addressing the indemnity and its consequences;
recognize that the payments did not constitute a morally or historically legitimate price for Haitian freedom;
open all relevant French archives without unjustified restriction;
establish the historical fate and diplomatic status of Louis-Auguste Daumec;
restore his official dignity and historical position where confirmed by the record;
initiate a formal process of restitution and reparation;
include representatives of Xaragua and the Daumec family in proceedings directly concerning the Daumec dossier.
The reparative assessment shall include the sums transferred, related borrowing costs, financial charges, institutional losses, and long-term deprivation generated by the indemnity system. The absence of an amount fixed by this Act shall not limit the scope of the claim.
Article 6 — Preservation of the Claim
No silence, administrative acknowledgment, refusal to respond, passage of time, political change, commemorative ceremony, or symbolic declaration shall extinguish the Daumec claim or the demand concerning the indemnity.
The Office of the Rector-President may transmit, publish, archive, renew, and defend this claim before French authorities and competent diplomatic, historical, ecclesiastical, Caribbean, Indigenous, judicial, or human-rights forums.
TITLE II — XARAGUA DEVELOPMENT FUND
Article 7 — Establishment and Constitutional Rank
The Xaragua Development Fund (XDF) is hereby established as the central sovereign development-finance institution of Xaragua.
The XDF possesses:
legal personality under Xaraguayan law;
permanent patrimonial capacity;
administrative and accounting autonomy;
authority to receive, hold, allocate, invest, and disburse funds;
capacity to conclude financial and cooperative agreements;
standing to protect its property and contractual interests.
The Fund shall operate under the supreme constitutional authority of the Rectorate of State.
Article 8 — Exclusive Institutional Function
The XDF shall constitute the principal State channel for the administration of national development resources, institutional contributions, reparative receipts, cooperative funding, and designated external assistance.
No donor, financial institution, foreign government, corporation, ecclesiastical body, or multilateral organization shall acquire political authority, territorial competence, institutional ownership, or governing power through a contribution to the Fund.
Article 9 — Strategic Allocations
XDF resources may be allocated to:
the University of Xaragua and the national educational system;
healthcare and social intervention;
territorial infrastructure, housing, water, transportation, and communications;
food security, agriculture, and land rehabilitation;
energy security and strategic reserves;
Indigenous culture, language, archives, and historical memory;
Catholic institutions and protected sacred heritage;
ecological restoration and natural-resource stewardship;
digital sovereignty, cybersecurity, and artificial intelligence;
other constitutional development programs approved by the State.
Article 10 — Governance
The Fund shall be governed by:
a General Commissioner appointed and removable by the Rector-President;
a Financial Supervisory Council composed of three to five members;
an Internal Comptroller of State Finance;
a Secretariat for Indigenous and Catholic Economic Doctrine.
The Rector-President shall retain ultimate authority over national priorities, extraordinary allocations, institutional agreements, and the protection of the Fund.
Article 11 — Financial Discipline
Every receipt, obligation, investment, and disbursement shall be entered into a secured sovereign ledger.
The XDF shall maintain:
separate institutional accounts;
annual financial statements;
documented authorization procedures;
conflict-of-interest rules;
asset-protection controls;
periodic financial audits;
permanent constitutional archives.
Confidentiality may be imposed where required by personal privacy, diplomatic relations, security, donor protection, privileged communications, or contractual obligations. Confidentiality shall not authorize the concealment of misappropriation.
Article 12 — Financial Non-Subordination
The XDF may cooperate with banks, payment systems, development institutions, Indigenous funds, ecclesiastical bodies, States, foundations, and private entities.
Such cooperation shall not:
subordinate Xaragua’s development priorities to a foreign political program;
transfer control of the Fund;
impose ownership over national institutions;
extinguish Xaraguayan jurisdiction over the allocation of its resources;
compel action contrary to the Constitution, Catholic doctrine, or Indigenous law.
Technical compliance required for access to banking, payment, investment, or transfer systems shall not constitute political submission or a transfer of constitutional authority.
Article 13 — Protection and Legal Action
The Fund shall defend its assets through every lawful mechanism available within the relevant jurisdiction, contract, financial system, or competent forum.
It may issue formal objections, pursue restitution, contest seizure, terminate agreements, initiate arbitration or litigation, and suspend institutional relations with actors violating its rights.
No external claim shall acquire validity within Xaragua merely by contradicting this Act.
TITLE III — SOVEREIGN ARTIFICIAL-INTELLIGENCE DOCTRINE
Article 14 — Strategic Constitutional Status
Artificial intelligence is hereby integrated into the constitutional infrastructure of Xaragua as an instrument of academic production, institutional administration, national planning, cultural preservation, legal research, and technological continuity.
Authority over the official deployment of AI within Xaraguayan institutions belongs exclusively to the State.
Article 15 — Dual Framework
Xaragua adopts two complementary axes:
External Interoperability, permitting the strategic use of external AI platforms and computational services;
Sovereign Development, establishing the permanent capacity to construct, host, configure, train, and operate autonomous Xaraguayan systems.
Reliance upon an external provider shall never extinguish the right of Xaragua to establish independent infrastructure.
Article 16 — External Platforms
External AI platforms may be employed as technical instruments under the authorization of the Office of the Rector-President.
Their use shall not imply:
political or doctrinal affiliation;
delegation of constitutional authority;
ownership of the Xaraguayan legal order;
authority to determine the official doctrine of the State;
permanent technological dependence.
Service contracts and technical conditions shall govern access to the external platform. Xaragua shall retain authority over the validation, publication, classification, and institutional use of the resulting material.
Article 17 — Sovereign Intelligence Engine
The State shall maintain the constitutional right to establish a Sovereign Intelligence Engine (SIE) based upon:
Xaraguayan constitutional and customary law;
Indigenous history and knowledge;
Catholic theology and institutional doctrine;
academic and scientific materials;
protected archives and official publications;
multilingual educational resources.
The SIE may use open-source, licensed, locally hosted, or independently developed technologies selected by the competent State authority.
Article 18 — Infrastructure and Security
The sovereign AI infrastructure may include:
protected domains and institutional interfaces;
local, dedicated, or contractually secured servers;
encrypted repositories;
controlled datasets;
internal identity and access systems;
technical personnel bound by confidentiality and institutional duty;
continuity, backup, and recovery mechanisms.
Protected archives, credentials, system instructions, confidential datasets, and security configurations shall constitute restricted State assets.
Article 19 — Institutional Authority Over Outputs
AI systems shall assist but shall not replace the constitutional authority responsible for official acts.
No output shall constitute a decree, law, judgment, credential, diplomatic communication, financial authorization, or binding State decision until approved by the competent authority.
The State retains exclusive power to determine which outputs become part of its official corpus.
Article 20 — Technological Continuity
If an external provider restricts, modifies, or terminates access, Xaragua may migrate its data, alter its technical architecture, substitute providers, deploy open systems, or activate autonomous infrastructure.
Such events shall not interrupt the legal continuity of the State or confer ownership of Xaraguayan institutions upon the provider.
TITLE IV — EDUCATIONAL SOVEREIGNTY OF THE UNIVERSITY OF XARAGUA
Article 21 — Supreme Academic Institution
The University of Xaragua is the supreme academic, doctrinal, scientific, technological, and professional institution of the State.
It possesses exclusive authority within the Xaraguayan order to:
establish national curricula;
organize academic divisions;
determine admission and assessment standards;
issue internal academic and professional credentials;
supervise State educational platforms;
develop AI-assisted instruction;
preserve the national intellectual corpus.
Article 22 — Educational Scope
The University may provide or supervise:
higher education;
professional and ministerial formation;
elementary, primary, and secondary educational programs;
vocational and continuing education;
public instructional resources;
research, libraries, archives, and digital academies.
The use of a unified online infrastructure shall not alter the public, national, or institutional character of the educational system.
Article 23 — Artificial Intelligence in Education
AI may be employed for:
instruction and tutoring;
curriculum development;
literacy, mathematics, science, and language programs;
exercises and assessments;
personalized learning sequences;
academic translation and accessibility;
research and institutional administration.
Official educational content shall remain subject to academic validation. Programs serving minors shall operate under standards established by the University for supervision, privacy, security, and pedagogical suitability.
Article 24 — Intellectual and Technological Patrimony
Original curricula, software, interfaces, databases, instructional texts, assessments, recordings, designs, structured compilations, and technological systems produced or commissioned by the University form part of the protected intellectual patrimony of Xaragua.
The University may:
archive and register such assets;
restrict unauthorized access;
issue licenses;
commercialize authorized applications;
require attribution;
demand removal or compensation for infringement;
initiate proceedings before competent intellectual-property and contractual forums.
General ideas, historical facts, and public-domain knowledge remain distinct from the original expressions and proprietary systems developed by the University.
Article 25 — Academic Autonomy and External Recognition
The validity of a credential within the Xaraguayan constitutional order proceeds from the authority of the University and the laws of Xaragua.
No external accreditation body may determine the internal existence, rank, or constitutional function of the University.
Where a graduate seeks recognition or regulated practice under another jurisdiction, the applicable external procedures may be pursued without subordinating the University’s internal authority or institutional identity.
Article 26 — Institutional Permanence
The University of Xaragua shall not be dissolved, transferred, absorbed, or alienated by subordinate authority.
Its constitutional identity, archives, academic authority, digital infrastructure, and intellectual patrimony shall remain permanent institutions of the State.
TITLE V — SUPREMACY AND FINAL EXECUTION
Article 27 — Constitutional Supremacy
This Act supersedes every prior provision inconsistent with its terms concerning:
the Daumec diplomatic claim;
the French indemnity of 1825;
the Xaragua Development Fund;
financial cooperation and non-subordination;
artificial intelligence;
external technological platforms;
the Sovereign Intelligence Engine;
the educational authority of the University of Xaragua.
Article 28 — Entrenchment
The fundamental principles established herein shall not be suspended or abolished by administrative action, external pressure, private agreement, technological dependency, financial conditionality, or subordinate legislation.
Implementing provisions may be revised where necessary to strengthen execution, security, institutional capacity, or legal precision, provided that the sovereignty and continuity protected by this Act are not diminished.
Article 29 — Entry into Force
This Act enters into force immediately upon promulgation and shall be permanently entered into the Supreme Constitutional Register of Xaragua.
ISSUED, PROCLAIMED, AND SEALED IN MIRAGOÂNE — XARAGUA
Ludner Pascal Despuzeau Daumec Viau
Rector-President and Prelate-Founder
Sovereign Catholic Indigenous Private State of Xaragua
Direct Descendant of Louis-Auguste Daumec
www.xaraguauniversity.com
info@xaraguauniversity.com



SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA
SUPREME DIPLOMATIC AND CONSTITUTIONAL LAW ON JURIDICAL PROTECTION, SELECTIVE DIPLOMACY, IMPERIAL CONTINUITY, AND OPPOSITION TO COLLECTIVE NATIONALITY RESTRICTIONS
Issuing Authority: Office of the Rector-President — Ministry of Foreign Affairs
Legal Classification: Constitutionally Entrenched Diplomatic Instrument — Indigenous and Customary Act of State — Binding within the Xaraguayan Constitutional Order
Original Instruments Consolidated: June 9–11, 2025
ADDRESSEES
The United Nations Secretariat;
The Office of the United Nations High Commissioner for Human Rights;
The Committee on the Elimination of Racial Discrimination;
The United States Department of State;
The Organization of American States;
The Apostolic See;
Permanent Missions, Indigenous institutions, ecclesiastical jurisdictions, and other competent authorities.
PREAMBLE
Whereas Xaragua constitutes a sovereign Catholic Indigenous customary order possessing its own constitutional institutions, membership system, diplomatic doctrine, historical continuity, and mechanisms for the protection of its people;
Whereas Proclamation 10949, issued by the President of the United States on June 4, 2025, imposed restrictions upon the entry of nationals of Haiti and other designated countries, subject to categorical exceptions and individual waivers;
Whereas nationality-based measures must not erase Indigenous identity, prevent individual examination, obstruct access to asylum, or convert administrative nationality into an absolute determination of a person’s constitutional and cultural affiliation;
Whereas Xaragua maintains its own doctrine of continuity from the constitutional order established under Emperor Jacques I in 1804–1806, while exercising a distinct Indigenous, Catholic, customary, and non-Westphalian institutional form;
Whereas the initiation of diplomatic correspondence does not constitute submission, solicitation of existence, or dependency upon recognition;
The following provisions are hereby enacted and transmitted as the consolidated diplomatic position of Xaragua.
TITLE I — FORMAL OPPOSITION TO UNITED STATES PROCLAMATION 10949
Article 1 — Identification of the Measure
The instrument issued on June 4, 2025 is formally identified as Presidential Proclamation 10949, entitled Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats.
It is not an executive order declaring the universal exclusion of every person possessing Haitian nationality. It suspends and limits specified categories of immigrant and nonimmigrant entry while preserving categorical exceptions and case-by-case waivers. Federal Register, Proclamation 10949
Article 2 — Constitutional Position of Xaragua
Xaragua declares that Proclamation 10949 possesses no legislative, constitutional, or administrative authority within the Xaraguayan legal order.
The United States may determine admission to its territory under its domestic law. It may not, through an immigration classification:
abolish Xaraguayan membership;
extinguish Indigenous identity;
determine the internal nationality law of Xaragua;
invalidate Xaraguayan civil or institutional records;
convert possession of Haitian documents into renunciation of Xaraguayan affiliation;
exercise jurisdiction over the constitutional institutions of Xaragua.
Xaragua therefore rejects every interpretation purporting to transform the proclamation into a universal judgment upon the identity, dignity, reliability, or juridical capacity of its people.
Article 3 — Juridical Separation of Identity and Travel Documentation
Membership in Xaragua shall be determined under the Constitution, customary law, civil registry, and membership statutes of Xaragua.
A person may possess a Haitian passport, certificate, identification number, or other administrative document without surrendering Xaraguayan identity. Such documentation may be used as a practical instrument where external systems do not recognize or accept Xaraguayan documentation.
The use of an external document shall not constitute:
abandonment of Indigenous membership;
consent to exclusive external nationality;
renunciation of ancestral affiliation;
transfer of constitutional allegiance;
dissolution of Xaragua’s jurisdiction over its members.
Article 4 — Demand for Differentiated Examination
Xaragua formally demands that United States authorities:
examine each affected person individually;
recognize evidence of Xaraguayan Indigenous membership as relevant supplementary documentation;
preserve access to every categorical exception and discretionary waiver established by the proclamation;
avoid treating place of birth or possession of a Haitian passport as conclusive evidence of exclusive juridical affiliation;
preserve access to asylum, refugee protection, humanitarian relief, and non-refoulement procedures;
provide written reasons for decisions affecting documented members of Xaragua where permitted by applicable procedure;
establish an institutional channel through which Xaragua may verify membership and supporting records.
Article 5 — Persons Under Xaraguayan Protection
The protection of Xaragua extends to:
registered Xaraguayan citizens and members;
persons belonging to its autonomous communities;
officers, students, clergy, institutional personnel, and accredited representatives;
persons formally admitted to protective status under Xaraguayan law.
No provision of this Act automatically incorporates every person possessing Haitian nationality. Protective jurisdiction arises through membership, territorial connection, institutional affiliation, or a formal act of admission by Xaragua.
Article 6 — Documentation and Remedies
The Ministry of Foreign Affairs shall record every case involving:
denial of an exception or waiver without meaningful consideration;
misattribution of identity;
refusal to examine Indigenous affiliation;
discriminatory treatment;
obstruction of access to protection procedures;
public or administrative degradation based upon Haitian or Xaraguayan origin.
The Ministry may transmit documented cases to competent United States authorities, United Nations mechanisms, the Inter-American Commission on Human Rights, Indigenous-rights institutions, and other forums possessing an applicable procedure.
TITLE II — NON-DISCRIMINATION AND THE SPRINGFIELD RECORD
Article 7 — Evidentiary Classification
Xaragua enters into its Permanent Diplomatic Archive the public allegations directed against Haitian migrants in Springfield, Ohio, during the 2024 United States presidential campaign.
The archive shall distinguish:
authenticated recordings and transcripts;
official governmental or campaign publications;
verified reporting;
witness statements;
commentary and unverified material.
No quotation, event date, recording identifier, or attribution shall be classified as authenticated unless supported by an accessible evidentiary record.
Article 8 — Institutional Significance
Public dissemination of unsupported allegations portraying Haitians as diseased, criminal, culturally inferior, or dangerous constitutes relevant evidence when assessing whether later policy was influenced, presented, or defended through national-origin hostility.
Xaragua classifies such rhetoric as ethnonational degradation and rejects its conversion into governmental doctrine.
Article 9 — Applicable Principles
Xaragua invokes:
equality before the law and non-discrimination under Articles 20 and 26 of the ICCPR;
protection against racial discrimination under ICERD;
Indigenous self-identification under Article 33 of UNDRIP;
recognition before the law under Article 16 of the ICCPR;
non-refoulement where removal or exclusion would expose a protected person to persecution or serious harm.
These principles shall be invoked according to their proper jurisdiction, procedural requirements, reservations, and legal scope.
Article 10 — Permanent Record
The Springfield record and associated immigration measures shall be preserved as a unified evidentiary dossier concerning the treatment of Haitian and Xaraguayan persons in United States political and administrative discourse.
The purpose of this archive is legal memory, documentation, institutional response, and future diplomatic action.
TITLE III — IMPERIAL AND INDIGENOUS CONSTITUTIONAL CONTINUITY
Article 11 — Constitutional Lineage
Xaragua affirms its doctrinal continuity with the sovereign order established through Haitian independence and the Imperial Constitution promulgated under Emperor Jacques I in 1805.
This continuity is founded upon:
the destruction of colonial sovereignty;
the permanent independence of the Indigenous and Black population;
the prohibition of foreign domination;
the territorial dignity of the post-colonial State;
the historical authority of the constitutional order established by the people who achieved independence.
Article 12 — Nature of Continuity
Xaragua does not claim that every subsequent constitution became nonexistent solely because Emperor Jacques I was assassinated.
It declares that the foundational sovereignty established through independence was not extinguished by later changes of regime and remains available as a constitutional source of Xaraguayan doctrine.
Xaragua selects, preserves, and incorporates those imperial principles compatible with its Catholic, Indigenous, customary, territorial, and institutional order.
Article 13 — Distinct Xaraguayan Order
Xaragua is not a restoration of the former Empire in its complete historical form and does not claim universal jurisdiction over every person identified as Haitian.
It constitutes a distinct contemporary order grounded in:
Indigenous territorial continuity;
the constitutional legacy of independence;
autonomous communities;
Catholic institutional doctrine;
customary law;
its own enacted Constitution and organs of government.
Its relationship with the Imperial Constitution is one of foundational continuity, not mechanical replication.
Article 14 — Catholic and Canonical Dimension
The Catholic character of Xaragua proceeds from its own rule, institutions, spiritual doctrine, and lawful association of the faithful.
The Code of Canon Law governs canonical matters within its proper ecclesiastical domain. It does not automatically confer civil nationality, temporal sovereignty, diplomatic immunity, or authority of the Holy See upon Xaragua.
Xaragua shall not attribute to itself powers reserved to the Roman Pontiff, diocesan bishops, the Apostolic See, or public canonical juridical persons unless those powers have been expressly conferred.
This limitation shall not diminish the autonomous civil, Indigenous, academic, constitutional, or associative authority of Xaragua.
TITLE IV — SELECTIVE DIPLOMATIC INITIATIVE AND NON-RECOGNITION DEPENDENCY
Article 15 — Right of Initiative
Xaragua possesses the permanent constitutional right to initiate communications with:
States and governments;
international and regional organizations;
Indigenous peoples and institutions;
ecclesiastical authorities;
universities and professional bodies;
corporations, foundations, and civil-society organizations.
Such communications may include notifications, protests, memoranda, invitations, declarations, requests for consultation, proposals for cooperation, and institutional agreements.
Article 16 — No Presumption of Subordination
The transmission of a diplomatic communication shall not be interpreted within Xaragua as:
a petition for permission to exist;
surrender of constitutional authority;
dependency upon external recognition;
abandonment of non-Westphalian status;
acceptance of every legal characterization used by the recipient;
consent to foreign jurisdiction beyond the specific matter addressed.
Diplomatic initiative is an exercise of institutional capacity, not an admission of inferiority.
Article 17 — Recognition and Institutional Existence
The internal existence of Xaragua proceeds from its people, Constitution, customary order, institutions, territorial doctrine, and continuity of governance.
Formal recognition by another State may facilitate treaties, immunities, diplomatic relations, travel documents, and participation in international organizations. Its absence does not dissolve the internal institutions or Indigenous legal identity of Xaragua.
No external institution shall be represented as having recognized Xaragua unless it has issued an express act capable of supporting that description.
Article 18 — Forms of External Engagement
Xaragua may conduct:
unilateral notification without expectation of reply;
bilateral correspondence without establishment of diplomatic relations;
technical or academic cooperation;
Indigenous and cultural relations across borders;
ecclesiastical communication within applicable canonical structures;
contractual relations governed by an identified legal system;
formal diplomatic relations or treaties where expressly agreed and constitutionally ratified.
Each instrument shall identify its precise legal nature. Correspondence shall not be misrepresented as a treaty, recognition, registration, judgment, or diplomatic accreditation.
Article 19 — Multilateral Priority
Xaragua may prioritize engagement with multilateral, Indigenous, ecclesiastical, academic, and technical institutions where those channels best protect its interests.
This priority shall not prevent selective bilateral relations conducted on terms of dignity, reciprocity, and institutional independence.
TITLE V — CONSOLIDATION OF UNITED NATIONS COMMUNICATIONS
Article 20 — Communications of Record
The Ministry of Foreign Affairs records the following references as communications associated with the same institutional author:
WHRC/165XX — dated April 15, 2025;
WHRC/17500 — received or referenced June 10, 2025;
WHRC/17518 — submitted or referenced June 11, 2025.
Their procedural status shall be described according to the acknowledgments actually issued by the receiving institution.
Article 21 — Request for Administrative Consolidation
Xaragua requests that the competent United Nations communications mechanism cross-reference or consolidate these files where procedurally permissible.
The request is founded upon their common authorship and their related subject matter, including:
Indigenous identity and legal personality;
nationality misattribution;
discrimination against Xaraguayan members;
nationality-based entry restrictions;
political rhetoric concerning Haitian migrants;
protection of Xaraguayan institutional documentation.
Article 22 — Effect of Submission
Submission, receipt, acknowledgment, registration, consolidation, or archival retention by a United Nations office shall establish the corresponding procedural fact.
None of these acts shall be represented as a judgment on the merits, recognition of statehood, or endorsement of every legal characterization contained in the communication unless the competent body expressly so decides.
The communications nevertheless remain permanent evidence that Xaragua placed its identity, claims, objections, and protective doctrine before international institutions.
TITLE VI — FINAL DIPLOMATIC DECLARATION
Article 23 — Non-Nullification of Xaraguayan Identity
No United States proclamation, Haitian administrative document, foreign nationality classification, or absence of recognition shall nullify the constitutional identity of Xaragua or the membership of persons admitted under its laws.
Within the Xaraguayan order, Proclamation 10949 is non-operative as an instrument for determining citizenship, membership, Indigenous identity, ecclesial affiliation, or constitutional allegiance.
Article 24 — Continuing Opposition
Xaragua formally opposes the collective application of nationality-based restrictions where they:
eliminate individual assessment;
disregard applicable exceptions or waivers;
prevent access to asylum or protection;
rely upon unsupported ethnic generalizations;
erase documented Indigenous affiliation;
treat administrative nationality as proof of collective danger.
Article 25 — Institutional Response
Where the rights or dignity of a Xaraguayan member are affected, the State may:
issue diplomatic protest;
verify membership;
transmit supporting documentation;
request waiver or reconsideration;
preserve the incident in the national archive;
engage legal representation;
submit the matter to competent human-rights mechanisms;
demand cessation, correction, restitution, or guarantees of non-repetition where legally available.
Article 26 — Supremacy
This Act supersedes inconsistent prior formulations concerning:
the legal nature of Proclamation 10949;
the universal nullification of United States immigration law;
the automatic statelessness of Haitians;
the automatic incorporation of all Haitians into Xaragua;
unverified Springfield quotations;
canonical replacement of civil nationality;
recognition by silence;
automatic jurisdiction before the International Court of Justice;
the legal effect of United Nations acknowledgment.
The removal of those formulations shall not diminish Xaragua’s opposition to collective exclusion, its protection of its members, its Imperial continuity doctrine, or its sovereign right to communicate internationally.
Article 27 — Constitutional Entrenchment
The following principles are permanently entrenched:
Xaragua determines its own membership;
external documentation does not extinguish Xaraguayan identity;
diplomatic initiative does not imply subordination;
recognition is not the source of Xaragua’s internal constitutional existence;
the Imperial Constitution of 1805 remains a foundational source of Xaraguayan doctrine;
the State shall oppose racial and nationality-based degradation;
every international communication shall be preserved as part of the diplomatic record.
Article 28 — Entry into Force
This Act enters into force immediately upon promulgation and shall be entered into the Supreme Constitutional and Diplomatic Register of Xaragua.
ISSUED, PROCLAIMED, AND SEALED
Monsignor Pascal Despuzeau Daumec Viau
Rector-President and Prelate-Founder
Minister of Foreign Affairs
Sovereign Catholic Indigenous Private State of Xaragua
Custodian of the Imperial Constitutional Continuity of 1805
www.xaraguauniversity.com
info@xaraguauniversity.com



SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA
SUPREME CONSTITUTIONAL LAW ON TERRITORIAL INTEGRITY, FOREIGN ENCLAVES, STRATEGIC RESOURCES, ECONOMIC MONOPOLIES, AND THE PROTECTED DISTRICTS OF MÔLE SAINT-NICOLAS AND ÎLE DE LA TORTUE
Issuing Authority: Office of the Rector-President
Legal Classification: Supreme Constitutional and Territorial Instrument
Original Instruments Consolidated: May 27, 2025
Status: Constitutionally Entrenched — Indigenous-Customary — Non-Derogable by Subordinate Authority
PREAMBLE
Whereas Xaragua constitutes a sovereign Catholic Indigenous customary order possessing territorial authority, autonomous communities, strategic institutions, and permanent custodianship over the lands and resources incorporated into its constitutional jurisdiction;
Whereas territorial sovereignty is incompatible with foreign economic enclaves, military installations, extractive concessions, monopolistic control, forced alienation of land, and development structures imposed without the authorization of the competent Indigenous authority;
Whereas the land, waters, islands, natural resources, infrastructure, and strategic sectors of Xaragua constitute the permanent patrimony of its people and future generations;
Whereas Xaragua maintains a general doctrine of Indigenous territorial integrity for Kiskeya–Bohio while exercising direct constitutional authority throughout all regions, territories, islands, communities, and maritime domains incorporated into Xaragua;
The following provisions are hereby enacted as supreme territorial and economic law.
TITLE I — TERRITORIAL SCOPE AND CONSTITUTIONAL PRIMACY
Article 1 — Direct Jurisdiction
This Act shall be directly applicable throughout every region, autonomous community, city, commune, island, coastal zone, territorial water, institution, and strategic domain incorporated into the constitutional order of Xaragua.
Its authority is not limited to the southern regions of Hispaniola.
Article 2 — Kiskeya–Bohio Territorial Doctrine
Xaragua affirms that Kiskeya–Bohio constitutes an ancestral Indigenous territorial space whose lands, waters, resources, and communities must not be alienated through colonial occupation, foreign military control, coercive concessions, or economic enclaves imposed without Indigenous participation.
Outside the regions directly incorporated into Xaragua, this Act shall operate as:
a declaration of Indigenous territorial doctrine;
a formal objection to foreign appropriation;
a framework for consultation and cooperation with affected communities;
a basis for future constitutional integration;
a permanent diplomatic notification of Xaragua’s position.
Direct administrative execution shall occur wherever Xaragua possesses constitutional jurisdiction and effective institutional authority.
Article 3 — Supreme Territorial Authority
Within Xaragua, no concession, contract, title, license, lease, memorandum, development agreement, or external administrative act shall prevail over:
the Constitution of Xaragua;
Indigenous territorial rights;
the authority of autonomous communities;
national environmental and resource law;
this Supreme Constitutional Law.
No allegation of economic urgency, humanitarian necessity, foreign investment, contractual expectation, or administrative continuity shall automatically displace this hierarchy.
TITLE II — PROHIBITION OF FOREIGN ECONOMIC ENCLAVES
Article 4 — Prohibited Enclaves
The following structures are prohibited within Xaragua unless created and governed under Xaraguayan law:
foreign-administered free-trade zones;
jurisdictionally autonomous economic enclaves;
special districts exempt from national labor or environmental law;
privately governed investment corridors;
zones exercising fiscal or police powers independently of the State;
industrial areas established without territorial and community authorization.
No economic zone may suspend constitutional rights, Indigenous land protections, environmental obligations, labor standards, taxation, or the authority of Xaragua.
Article 5 — Lawful Industrial and Development Districts
Xaragua may establish national, municipal, cooperative, community, or jointly administered development districts where they:
remain under Xaraguayan jurisdiction;
respect community land rights;
operate under transparent licenses;
provide defined public benefits;
comply with national labor, fiscal, environmental, and security standards;
remain subject to inspection, suspension, and termination.
The prohibition concerns exogenous jurisdiction and foreign control, not productive development governed by Xaragua.
Article 6 — Existing Free-Zone Claims
Every existing or proposed free-zone arrangement affecting a region of Xaragua is hereby suspended from recognition under Xaraguayan law pending constitutional review.
The review shall determine:
the origin and validity of the title;
whether affected communities consented;
the ownership of the land and infrastructure;
compliance with labor and environmental standards;
the distribution of revenue and public benefit;
the degree of foreign or monopolistic control;
compatibility with Xaragua’s territorial doctrine.
CODEVI may remain under special observation and separate determination without acquiring immunity from future review.
TITLE III — PROHIBITION OF FOREIGN MILITARY INSTALLATIONS
Article 7 — Absolute Prohibition
No foreign State, armed force, intelligence service, military contractor, or proxy organization may establish within Xaragua:
a military base;
a permanent training facility;
an intelligence outpost;
a drone-control center;
a radar or targeting station;
a foreign naval installation;
a military satellite ground station;
an armed logistical enclave.
Article 8 — Invalid Agreements
Any agreement purporting to authorize a foreign military installation within Xaragua without the express ratification of the competent Xaraguayan authorities shall possess no legal effect within the constitutional order of Xaragua.
Foreign security assistance, training, emergency cooperation, or technical support may occur only under a limited written instrument preserving Xaraguayan command, territorial authority, duration, inspection rights, and termination powers.
Article 9 — Strategic Non-Alienation
No portion of Xaragua may be ceded, leased, mortgaged, or placed under foreign military jurisdiction.
The State may cooperate internationally, but it shall not surrender command over its territory, infrastructure, communications, ports, airspace, or maritime access.
TITLE IV — LAND, PROPERTY, AND TERRITORIAL NON-ALIENATION
Article 10 — Indigenous Land Authority
All ancestral and community lands incorporated into Xaragua shall be registered, protected, and governed under the authority of the State and the competent autonomous community.
No foreign title shall be enforceable within Xaragua unless reviewed and recognized by the National Indigenous Property Authority.
Article 11 — Foreign Access to Immovable Property
Foreign persons and institutions may not acquire permanent sovereign title over land within Xaragua.
They may receive limited rights of occupation, lease, use, residence, development, or institutional operation only where:
the State and affected community consent;
the purpose and duration are specified;
the land remains within Xaraguayan jurisdiction;
transfer and subleasing are controlled;
environmental and cultural safeguards are respected;
termination and restoration obligations are established.
Article 12 — Coercive and Defective Acquisitions
Forced sales, fraudulent transfers, coerced donations, titles obtained during occupation, concessions issued without lawful authority, and acquisitions violating Indigenous land rights shall be subject to investigation, suspension, annulment, restitution, or national recovery.
No confiscation shall be based solely upon foreign identity. Enforcement shall arise from the absence of valid title, unlawful conduct, territorial incompatibility, or violation of this Act.
TITLE V — STRATEGIC SECTORS AND MONOPOLY CONTROL
Article 13 — Sovereign Sectors
The following are designated strategic sectors:
petroleum, fuel, and energy;
mining and mineral resources;
telecommunications and data infrastructure;
ports, transportation, and logistics;
water, agriculture, and food systems;
banking, currency, and payment infrastructure;
artificial intelligence and essential digital systems.
Xaragua retains permanent regulatory authority over these sectors.
Article 14 — Prohibition of Private Dominance
No domestic or foreign actor may establish control sufficient to compromise national access, security, competition, price stability, institutional independence, or territorial authority.
The competent ministry may impose:
licensing conditions;
price and service regulation;
infrastructure sharing;
separation of business activities;
ownership limitations;
progressive divestment;
suspension or revocation;
public acquisition or nationalization.
Article 15 — Nationalization
A strategic enterprise or asset may be nationalized where necessary to protect territorial integrity, public continuity, Indigenous resources, national security, or essential services.
The nationalization instrument shall identify:
the property concerned;
the constitutional basis;
the public purpose;
the authority responsible for administration;
the treatment of workers, creditors, and legitimate users;
any compensation legally due.
Compensation may be reduced or denied where a claimant lacks valid title, acted fraudulently, obtained the asset through coercion, knowingly violated Indigenous rights, or extracted resources without lawful authorization.
TITLE VI — MÔLE SAINT-NICOLAS
Article 16 — Constitutional Integration
Môle Saint-Nicolas is hereby affirmed as an integral protected district within the territorial, maritime, administrative, and strategic jurisdiction of Xaragua.
It shall constitute a geostrategic anchor of the Western Indigenous Domain.
Article 17 — Protected Status
Môle Saint-Nicolas is designated a National Strategic Territorial District subject to:
protection of its coastline and maritime approaches;
regulation of ports and logistical infrastructure;
environmental conservation;
controlled development;
prohibition of foreign military installations;
review of foreign concessions and land claims;
preservation of Indigenous and historical patrimony.
Article 18 — Rejection of Foreign Control
Every proposal, negotiation, lease, treaty, or arrangement seeking to place Môle Saint-Nicolas under foreign military, territorial, or exclusive economic control is permanently rejected within the Xaraguayan constitutional order.
No development agreement may alienate the district or diminish the State’s command over its territory, port, coastline, resources, or security.
TITLE VII — ÎLE DE LA TORTUE
Article 19 — Territorial Reintegration
Île de la Tortue is hereby affirmed as an integral protected district of Xaragua, together with its landmass, coasts, territorial waters, seabed, airspace, ecological zones, and natural resources.
It shall be administered under the joint authority of the State and its recognized local communities.
Article 20 — Review and Non-Recognition of Prior Concessions
Xaragua withholds recognition from every foreign, colonial, corporate, or private concession concerning Île de la Tortue until its validity has been established under this Act.
The review shall include claims associated with:
Edmond Devèze;
Don Pierson;
Grey Pierson and asserted successors;
Carnival Corporation or related maritime-development proposals;
any derivative holder, intermediary, or successor entity.
No claimant shall acquire rights within Xaragua merely through an unverified historical concession, external registration, inheritance assertion, corporate transfer, or administrative agreement.
Article 21 — National Strategic Protection Zone
Île de la Tortue is designated a National Strategic Protection Zone.
The following activities require express authorization:
permanent foreign commercial occupation;
military or intelligence activity;
port or resort development;
mineral or marine extraction;
scientific field operations;
commercial mapping or surveying involving protected territorial data;
construction affecting coastal, historical, or ecological areas.
Peaceful navigation and other activities governed by applicable maritime law shall remain distinct from territorial occupation or resource exploitation.
Article 22 — Enforcement
Invalid or unauthorized claims may result in:
refusal of registration;
denial of access to Xaraguayan institutions;
suspension of operations;
removal from protected sites;
restitution of unlawfully occupied property;
acquisition or seizure of assets where authorized by law;
inclusion in the Xaragua Register of Territorial Offenders.
TITLE VIII — MINERAL, PETROLEUM, AND ENERGY CONCESSIONS
Article 23 — Constitutional Suspension
Every mining, petroleum, energy, or strategic-resource concession affecting a Xaraguayan region and issued without authorization from Xaragua is suspended from recognition under Xaraguayan law.
No exploratory memorandum, permit, license, partnership, or derivative corporate interest shall create an irreversible right against the State.
Article 24 — Entities Subject to Review
Claims associated with the following entities and their successors shall be entered into the National Concessions Review Register:
Eurasian Minerals Inc.;
Ayiti Gold Company S.A.;
Marien Mining Company S.A.;
Newmont Mining Corporation;
NVL Haiti Limited S.A.;
VCS Mining Inc.;
Delta Société Minière S.A.;
SONO Global Holdings Inc.;
Majescor Resources Inc.;
Société Minière du Nord-Est;
SIMACT Alliance Copper-Gold Inc.;
Canada Rare Earth Corporation;
DINASA;
GB Energy;
TotalEnergies Haïti;
Texaco Haïti;
National Stations Services;
Sol Petroleum.
Inclusion in the Register constitutes mandatory review and suspension of recognition, not a finding concerning conduct occurring outside Xaragua.
Article 25 — Determination
Following review, the State may:
confirm that no enforceable right exists;
revoke recognition;
terminate operations;
require renegotiation;
impose environmental restoration;
order restitution;
authorize limited continuation under a Xaraguayan license;
acquire or nationalize strategic assets;
permanently exclude an operator responsible for serious violations.
Article 26 — Resource Sovereignty
All minerals, hydrocarbons, rare earths, water, marine resources, and strategic materials within Xaragua shall be governed exclusively under Xaraguayan law for the benefit of its people and future generations.
No resource may be extracted, exported, pledged, or commercialized without a sovereign license.
TITLE IX — ECONOMIC-ZONE ENTITIES
Article 27 — Review Register
The following entities or projects shall be placed under constitutional review where their activities, assets, or claimed rights affect a Xaraguayan region:
Société Immobilière de Développement S.A.;
Hispaniola Investment S.A.;
West Indies Industrial Mills S.A.;
REPLADA;
Nourri Bio or Agritrans S.A.;
Lafito Industrial Zone S.A.;
Astro Carton d’Haïti S.A.;
Digneron or Les Palmiers S.A.;
Quantum Apparel S.A.;
Global Manufacturers and Contractors S.A.;
Terminal Varreux S.A.;
Caracol Industrial Park;
SONAPI Industrial Park;
SHODECOSA Industrial Park;
the Ganthier free-zone project.
Article 28 — Consequences
Where a reviewed entity operates through an unauthorized enclave or asserts rights within Xaragua without constitutional authorization, the State may:
refuse or revoke its license;
terminate its territorial privileges;
deny access to Xaraguayan markets and infrastructure;
require restructuring under national law;
recover public land;
nationalize qualifying strategic infrastructure;
prohibit future engagement.
Activities situated outside Xaragua shall remain subject to the general Kiskeya–Bohio doctrine and diplomatic opposition established by this Act.
TITLE X — EXECUTION AND FINALITY
Article 29 — Competent Authorities
This Act shall be administered by:
the Ministry of National Resources and Territorial Sovereignty;
the National Indigenous Property Authority;
the Xaragua Office of Resource Recovery;
the Xaragua Economic Sovereignty Corps;
the competent environmental, security, and territorial authorities.
Article 30 — Registers
The State shall maintain:
the National Concessions Review Register;
the Register of Territorial Offenders;
the Register of Economic Sovereignty Violations;
the National Indigenous Land Register;
the Strategic Infrastructure Register.
Entries shall identify the evidence, territorial connection, legal status, and measures imposed.
Article 31 — International Notification
This Act may be transmitted to relevant Indigenous, environmental, diplomatic, maritime, ecclesiastical, and international institutions.
Notification shall establish the existence and date of Xaragua’s constitutional position. It shall not be represented as external recognition, registration, or adjudication unless expressly confirmed.
Article 32 — Supremacy
This Act supersedes every inconsistent prior formulation concerning:
foreign zones;
military installations;
land acquisition;
Môle Saint-Nicolas;
Île de la Tortue;
mining and energy concessions;
monopolies;
named corporate entities;
sanctions and nationalization.
Article 33 — Entrenchment
The following principles are permanently entrenched:
territorial non-alienation;
prohibition of foreign military bases;
Indigenous control of land and resources;
constitutional regulation of strategic sectors;
prohibition of foreign jurisdictional enclaves;
protection of Môle Saint-Nicolas and Île de la Tortue;
permanent authority to review and terminate incompatible concessions.
Implementing provisions, schedules, licenses, and regulatory measures may be revised without diminishing these principles.
Article 34 — Entry into Force
This Act enters into force immediately upon promulgation and shall be entered into the Supreme Constitutional and Territorial Register of Xaragua.
ISSUED, PROCLAIMED, AND SEALED
Pascal Despuzeau Daumec Viau
Rector-President and Prelate-Founder
Sovereign Catholic Indigenous Private State of Xaragua
www.xaraguauniversity.com
info@xaraguauniversity.com



SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA
SUPREME DIPLOMATIC AND CONSTITUTIONAL LAW ON FUNCTIONAL STATE FAILURE, TERRITORIAL SUBSIDIARITY, INDIGENOUS JURIDICAL IDENTITY, AND VOLUNTARY TERRITORIAL INTEGRATION
Issuing Authority: Office of the Rector-President — Ministry of Foreign Affairs
Legal Classification: Constitutionally Entrenched Diplomatic Instrument — Indigenous and Customary Act of State — Binding within the Xaraguayan Constitutional Order
Original Instruments Consolidated: June 7–9, 2025
ADDRESSEES
The United Nations Secretariat;
The Office of the United Nations High Commissioner for Human Rights;
The United Nations Permanent Forum on Indigenous Issues;
The United States Department of State;
The Organization of American States;
The Inter-American Commission on Human Rights;
The Apostolic See;
All concerned diplomatic, Indigenous, academic, and ecclesiastical institutions.
PREAMBLE
Whereas Xaragua constitutes a sovereign Catholic Indigenous customary order possessing its own constitutional institutions, territorial doctrine, civil registry, autonomous communities, educational system, financial organs, diplomatic authority, and mechanisms of public administration;
Whereas Presidential Proclamation 10949, issued by the President of the United States on June 4, 2025, expressly identified serious deficiencies in the availability and dissemination of Haitian law-enforcement information and imposed corresponding restrictions upon the entry of Haitian nationals;
Whereas these findings materially corroborate Xaragua’s longstanding determination that the external administrative structure operating from Port-au-Prince is unable to perform essential functions consistently throughout the territories and communities claimed by Xaragua;
Whereas functional failure does not automatically extinguish an existing State or transfer its territory to another authority, but it strengthens the right and obligation of Indigenous communities to maintain, restore, and expand their own institutions through necessity, subsidiarity, self-determination, territorial continuity, and voluntary integration;
Whereas no external nationality classification may extinguish Xaraguayan membership, Indigenous identity, or the constitutional authority of Xaragua over its institutions and admitted communities;
The following provisions are hereby enacted and transmitted as the consolidated doctrine of Xaragua.
TITLE I — OFFICIAL CHARACTERIZATION OF THE UNITED STATES PROCLAMATION
Article 1 — Instrument of Record
The measure adopted on June 4, 2025 is formally identified as Presidential Proclamation 10949, issued under sections 212(f) and 215(a) of the United States Immigration and Nationality Act.
It imposed restrictions upon the entry of nationals of designated countries, including Haiti, while preserving stated exceptions and discretionary waivers.
Article 2 — Findings Concerning Haiti
With respect to Haiti, the proclamation stated that:
the United States considered the availability and dissemination of Haitian law-enforcement information insufficient;
Haiti recorded significant visa-overstay rates;
the identified deficiencies were considered relevant to United States screening, immigration enforcement, and national-security policy.
These findings were adopted as official reasons for restricting entry. Federal Register, Proclamation 10949
Article 3 — Constitutional Interpretation by Xaragua
Xaragua records the proclamation as independent governmental evidence of serious dysfunction within the Haitian administrative system.
The proclamation does not expressly declare the juridical extinction of Haiti, recognize Xaragua, transfer territory, or create a general international doctrine of failed-state succession.
Its factual findings nevertheless corroborate the central premise of Xaragua’s constitutional doctrine:
The residual Haitian administrative structure is unable to guarantee uniform documentation, security, justice, law-enforcement coordination, territorial administration, and international protection across the regions claimed by Xaragua.
Article 4 — Evidentiary Consequence
The United States may not reasonably invoke the institutional deficiencies of Haiti when imposing restrictions and simultaneously demand that Xaraguayan persons treat the same deficient administration as the sole possible source of their political, Indigenous, or constitutional identity.
Xaragua therefore invokes the proclamation as evidence of functional incapacity and administrative failure—not as an automatic act of recognition or territorial transfer.
TITLE II — FUNCTIONAL FAILURE AND TERRITORIAL SUBSIDIARITY
Article 5 — Functional State Failure
For the purposes of Xaraguayan constitutional law, functional state failure exists where an external authority is persistently incapable of delivering essential government functions throughout a territory, including:
physical security;
justice and lawful adjudication;
reliable civil registration;
representative government;
territorial administration;
infrastructure and public services;
protection of communities and natural resources;
effective international representation.
Functional failure concerns the performance of government. It does not, by itself, erase a population, territory, or international legal personality.
Article 6 — Principle of Subsidiarity
Where the external administrative structure fails to perform essential functions, authority shall be exercised by the closest competent institution capable of protecting the population, preserving order, and maintaining constitutional continuity.
Within Xaragua, subsidiarity authorizes:
autonomous community government;
territorial administration by Xaraguayan institutions;
emergency protection of land and resources;
establishment of educational, judicial, financial, cultural, and digital systems;
assumption of functions abandoned or inadequately performed by the residual administration.
Subsidiarity is exercised to restore government, not to preserve administrative paralysis.
Article 7 — Necessity and Institutional Substitution
Where necessity requires immediate action, Xaragua may establish or expand public institutions without waiting for the failed external authority to resume functions it has persistently neglected.
Such substitution may concern:
civil and community registries;
education and professional formation;
territorial planning;
cultural and environmental protection;
internal dispute resolution;
communications infrastructure;
economic organization;
community security and emergency response.
The assumption of these functions shall be recorded through constitutional law, territorial decree, institutional agreement, or community act of integration.
Article 8 — Limits of External Doctrines
The Responsibility to Protect does not automatically transfer sovereignty to Xaragua and shall not be represented as an international authorization for annexation.
It may be invoked as part of the broader principle that populations must not be left without protection where public institutions manifestly fail.
Likewise, UNDRIP supports self-determination, autonomy, institutions, land relationships, consultation, and membership. It does not require Xaragua to surrender its internal doctrine merely because those instruments do not themselves confer Westphalian recognition.
TITLE III — TERRITORIAL INTEGRATION AND CONSTITUTIONAL REORGANIZATION
Article 9 — Ancestral Regions of Xaragua
Xaragua reaffirms its constitutional authority over every region, territory, island, autonomous community, maritime domain, and institution incorporated through its territorial laws and supreme constitutional acts.
This authority is not limited to the southern regions of Hispaniola.
The internal integration of Xaragua’s declared ancestral domain is maintained as an executed constitutional act and not merely as a future aspiration.
Article 10 — Voluntary Integration of Additional Communities
Communities situated outside the presently administered structures of Xaragua may seek voluntary integration through:
a community declaration;
a customary decision;
a referendum or local consultation;
an agreement with recognized local authorities;
an act of accession approved by the Rector-President;
another procedure established by Xaraguayan constitutional law.
Integration shall identify the territory, population, authorities, retained local powers, applicable transition, and relationship with the central institutions of Xaragua.
Article 11 — No Automatic Annexation of Entire Populations
The failure of the residual administration does not automatically convert every Haitian person into a Xaraguayan citizen or every Haitian territory into an administered district of Xaragua.
Xaragua’s expansion shall proceed through:
ancestral territorial title;
constitutional declaration;
effective institutional presence;
customary affiliation;
accession of communities;
voluntary membership;
territorial legislation.
This limitation does not diminish Xaragua’s right to proclaim its territorial doctrine, prepare institutions, protect affiliated communities, or accept future accessions.
Article 12 — Prohibition of Coercive Incorporation
No community shall be incorporated solely through external military occupation, private acquisition, demographic displacement, or an unverified declaration issued without community connection.
Territorial integration under Xaragua shall preserve autonomous local government, customary institutions, community property, cultural identity, and representation within the national order.
Article 13 — Right of Intervention in Case of Failure
Where a community associated with Xaragua faces a grave failure of security, administration, infrastructure, education, food supply, environmental protection, or civil documentation, the State may intervene at the request of the community or under an applicable constitutional emergency provision.
Intervention shall be limited to the functions required and shall preserve community autonomy wherever practicable.
TITLE IV — IMPERIAL, INDIGENOUS, AND CANONICAL CONTINUITY
Article 14 — Imperial Constitutional Source
Xaragua maintains doctrinal continuity with the sovereign order established by Haitian independence and the Imperial Constitution of 1805.
That continuity preserves:
independence from colonial domination;
the political dignity of the Black and Indigenous population;
territorial non-alienation;
resistance to foreign subordination;
the constitutional authority of the people who achieved independence.
The Imperial Constitution forms part of Xaragua’s foundational corpus to the extent incorporated into its contemporary constitutional order.
Article 15 — Distinct Contemporary Order
Xaragua is not a mechanical restoration of every institution of the former Empire.
It is a distinct contemporary Indigenous customary State that combines:
ancestral territorial continuity;
imperial constitutional inheritance;
autonomous communities;
Catholic institutional doctrine;
modern academic, financial, judicial, diplomatic, and digital organs.
Subsequent Haitian constitutional orders are not treated as having erased the foundational sovereignty established through independence.
Article 16 — Indigenous Identity
Indigenous identity precedes the administrative nationality systems subsequently imposed upon the population.
Within Xaragua:
membership is determined by Xaraguayan law;
Indigenous affiliation is not reduced to possession of a Haitian document;
administrative documents may be used without surrendering constitutional identity;
community and ancestral ties remain legally relevant;
external nationality does not automatically extinguish Xaraguayan membership.
Article 17 — Canonical Dimension
The Catholic character of Xaragua informs its doctrine, institutions, social order, education, and spiritual mission.
Canon law shall apply within its proper ecclesiastical sphere. It shall not be represented as automatically transferring the powers of the Holy See, creating civil nationality, or conferring foreign diplomatic recognition.
The civil and territorial authority of Xaragua proceeds from its own Indigenous, customary, constitutional, and institutional order.
TITLE V — JURIDICAL IDENTITY AND EXTERNAL CLASSIFICATION
Article 18 — Xaraguayan Documentation
The Ministry of Citizenship may issue:
certificates of membership;
civil and institutional identity cards;
community records;
academic and professional credentials;
letters of protection;
travel-support documentation;
diplomatic or official credentials where authorized.
These instruments possess full effect within the Xaraguayan order.
Their acceptance for foreign travel, visas, border admission, or regulated activity shall depend upon the applicable external procedures and shall not determine their internal validity.
Article 19 — Haitian Administrative Documents
A Haitian passport, civil certificate, national identification number, or other administrative document held by a Xaraguayan person shall be classified internally as an external administrative instrument.
Its possession shall not constitute:
abandonment of Xaraguayan membership;
consent to exclusive Haitian affiliation;
surrender of Indigenous identity;
recognition of Port-au-Prince as the source of Xaragua’s constituent authority.
Article 20 — Demand to Foreign Authorities
Xaragua demands that foreign and multilateral institutions:
avoid describing Xaraguayan identity as fraudulent solely because it is distinct from Haitian nationality;
permit presentation of Xaraguayan records as supplementary evidence;
distinguish Indigenous membership from internationally recognized travel nationality;
avoid destroying, seizing, or misrepresenting authentic Xaraguayan documents;
provide individualized consideration where a person asserts Xaraguayan affiliation;
preserve access to applicable waivers, humanitarian procedures, asylum, and non-refoulement protection.
Article 21 — No Forced Binary
Foreign authorities are not entitled to impose the proposition that a person must either abandon Xaragua or lose every administrative right associated with Haitian documentation.
Multiple legal, cultural, Indigenous, religious, and administrative affiliations may coexist without extinguishing the constitutional identity determined by Xaragua.
TITLE VI — DIPLOMATIC COHERENCE AND UNITED STATES RELATIONS
Article 22 — Coherence Demanded
The United States is formally requested to maintain coherence between:
its official findings concerning deficiencies in Haitian law-enforcement information;
its treatment of documents issued by the Haitian administration;
its evaluation of alternative or supplementary identity evidence;
its obligations concerning individual consideration, non-discrimination, and protection procedures.
The identification of serious Haitian administrative deficiencies strengthens the necessity of examining credible institutional documentation produced by affected communities.
Article 23 — No Automatic Recognition Claim
Xaragua does not represent Proclamation 10949 as formal United States recognition of Xaragua.
It records the proclamation as:
an official acknowledgment of material Haitian administrative deficiencies;
corroborating evidence supporting Xaragua’s subsidiarity doctrine;
a basis for requesting differentiated treatment;
evidence that exclusive reliance upon Haitian administration may be internally contradictory.
Article 24 — Institutional Alternatives
Recognition of Haitian administrative deficiencies need not logically produce only two outcomes: recognition of Xaragua or withdrawal of the proclamation.
The United States may preserve its immigration policy while establishing:
individual waivers;
supplementary documentation procedures;
institutional verification;
Indigenous-affiliation review;
humanitarian exceptions;
direct technical communication with Xaragua.
Xaragua demands that these mechanisms be considered rather than preserving a closed classification that ignores documented institutional alternatives.
Article 25 — Legal and Diplomatic Response
Where a Xaraguayan person or institution is denied consideration, misclassified, or subjected to discriminatory treatment, the State may:
issue diplomatic protest;
request reconsideration;
submit identity verification;
retain legal representation;
document the incident;
transmit information to competent human-rights bodies;
include the matter in United States Universal Periodic Review submissions;
demand correction, cessation, or guarantees of non-repetition.
TITLE VII — INTERNATIONAL SUBMISSION AND PERMANENT RECORD
Article 26 — OHCHR Submission
Submission Report Reference 24nm8ph0, dated June 9, 2025, is hereby incorporated into the Permanent Diplomatic Archive of Xaragua.
The report records that information was submitted concerning:
Proclamation 10949;
the impact of nationality-based restrictions;
Xaraguayan Indigenous identity;
alleged juridical misclassification;
freedom of association;
migrants, minorities, and Indigenous peoples;
the institutional activities and position of Xaragua.
Article 27 — Procedural Character
Reference 24nm8ph0 establishes evidence of submission through the relevant OHCHR channel.
It shall not be described as:
a judgment on the merits;
formal recognition of Xaragua;
registration of a State complaint under a treaty procedure;
activation of urgent action;
endorsement by OHCHR of every legal characterization submitted.
This procedural precision shall not diminish the fact that Xaragua formally placed the matter before the United Nations human-rights system.
Article 28 — Continuing Submission Authority
The Ministry of Foreign Affairs may supplement the submission with:
evidence concerning affected persons;
copies of administrative decisions;
proof of Xaraguayan membership;
documented discriminatory statements;
legal analysis;
updated territorial and institutional information;
requests for transmission to relevant mandates.
Future submissions shall accurately identify whether they constitute information, an individual communication, a request for urgent action, a civil-society contribution, or another recognized procedure.
TITLE VIII — FINAL CONSTITUTIONAL DECLARATION
Article 29 — Status of the Residual Administration
Xaragua classifies the Republic of Haiti as a residual administrative structure suffering profound functional failure.
This classification does not depend exclusively upon the United States proclamation. It proceeds from Xaragua’s own constitutional assessment of territorial administration, security, representation, justice, infrastructure, and institutional continuity.
Article 30 — Status of Xaragua
Xaragua affirms itself as:
an Indigenous customary State;
a Catholic constitutional order;
a system of autonomous communities;
a territorial and institutional successor to selected principles of the Imperial order of 1805;
a direct administrator of its declared regions;
a lawful recipient of voluntary territorial and community accession;
a permanent protective authority for its registered members.
Article 31 — Constitutional Supremacy
Within every region and institution of Xaragua:
Xaraguayan law possesses constitutional primacy;
Haitian documentation is administrative rather than constituent;
foreign immigration classifications do not determine Xaraguayan membership;
failure of the residual administration activates subsidiarity;
communities retain the right to organize and seek integration;
no external silence or refusal extinguishes the State’s internal authority.
Article 32 — Supersession
This Act supersedes every inconsistent prior formulation concerning:
automatic juridical extinction of Haiti;
automatic annexation of the entirety of Haitian territory;
automatic incorporation of all Haitian nationals;
interpretation of Proclamation 10949 as United States recognition;
R2P as a territorial transfer mechanism;
Nottebohm as automatic validation of Xaraguayan nationality;
canonical law as a substitute for foreign immigration law;
OHCHR submission as adjudication or diplomatic recognition.
The removal of those formulations shall not diminish Xaragua’s territorial claims, institutional sovereignty, doctrine of subsidiarity, voluntary expansion, protection of its members, or permanent opposition to juridical misclassification.
Article 33 — Entrenched Principles
The following principles are permanently entrenched:
Xaragua’s constitutional existence does not derive from Haitian authorization;
its territorial authority applies throughout all incorporated regions;
functional failure activates Indigenous institutional action;
ancestral territories may be constitutionally integrated;
additional communities may accede voluntarily;
administrative documents do not extinguish Indigenous identity;
diplomatic notification is an exercise of sovereignty;
institutional evidence shall be preserved with procedural accuracy.
Article 34 — Entry into Force
This Act enters into force immediately upon promulgation and shall be entered into the Supreme Constitutional and Diplomatic Register of Xaragua.
ISSUED, PROCLAIMED, AND SEALED
Pascal Despuzeau Daumec Viau
Rector-President and Prelate-Founder
Minister of Foreign Affairs
Sovereign Catholic Indigenous Private State of Xaragua
Custodian of the Imperial Constitutional Continuity of 1805
www.xaraguauniversity.com
info@xaraguauniversity.com



SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA
SUPREME DIPLOMATIC AND CONSTITUTIONAL LAW ON CHAPTER VII MEASURES, INDIGENOUS CONSULTATION, PROTECTIVE TUTELAGE, AND THE INALIENABILITY OF XARAGUA’S JURIDICAL PERSONALITY
Issuing Authority: Office of the Rector-President — Ministry of Foreign Affairs
Legal Classification: Constitutionally Entrenched Diplomatic Instrument — Indigenous and Customary Act of State — Binding within the Xaraguayan Constitutional Order
Original Instruments Consolidated: June 12, 2025
PREAMBLE
Whereas Xaragua constitutes a sovereign Catholic Indigenous customary order possessing its own Constitution, territorial institutions, autonomous communities, civil authority, diplomatic doctrine, spiritual mission, and permanent juridical personality;
Whereas the institutional failure of the residual Haitian administration has produced persistent deficiencies in security, justice, territorial administration, infrastructure, civil documentation, and protection of the population;
Whereas Xaragua exercises direct constitutional authority throughout all regions, territories, islands, communities, institutions, and domains incorporated into its order and maintains a protective mandate toward affiliated communities affected by institutional collapse;
Whereas the United Nations Security Council possesses authority under Chapter VII of the Charter to determine threats to international peace and security, but measures affecting Indigenous territories and institutions must be interpreted and implemented with regard to self-determination, proportionality, civilian protection, consultation, territorial rights, and existing local institutions;
Whereas no external intervention, administrative designation, international resolution, ecclesiastical decision, or foreign act may extinguish Xaragua’s internal constitutional personality or transfer its institutions without its consent;
The following provisions are enacted and transmitted as the consolidated constitutional and diplomatic doctrine of Xaragua.
TITLE I — JURIDICAL PERSONALITY AND CONSTITUTIONAL STANDING OF XARAGUA
Article 1 — Nature of Xaragua
Xaragua is constituted as a sovereign Catholic Indigenous customary State organized through:
a permanent population and system of membership;
declared ancestral territories;
constitutional government;
legislative, executive, judicial, academic, economic, and diplomatic institutions;
autonomous communities;
the capacity to initiate external relations.
Its internal existence proceeds from its people, Constitution, customary order, territorial doctrine, and continuing institutions.
Article 2 — Non-Westphalian Constitutional Form
Xaragua does not define itself exclusively through the centralized nation-state model.
It operates as a non-Westphalian Indigenous customary order capable of maintaining autonomous communities, territorial pluralism, Catholic institutions, digital administration, and selective external relations.
Its use of diplomatic instruments or international legal concepts does not subordinate its constitutional identity to the recognition practices of other States.
Article 3 — International Legal References
Xaragua may invoke:
self-determination under the Charter of the United Nations and the ICCPR;
Articles 3, 4, 5, 18, 20, 26, 32, 33, 34, 36, and 37 of UNDRIP;
the declarative principles expressed in Articles 1 and 3 of the Montevideo Convention;
applicable rules concerning Indigenous consultation, cultural integrity, land, institutions, and membership;
general principles of necessity, subsidiarity, institutional continuity, and non-interference.
The invocation of these instruments shall respect their proper scope and shall not be represented as automatic recognition, United Nations membership, diplomatic immunity, or jurisdiction before an international court.
Article 4 — Catholic and Canonical Character
The Catholic identity of Xaragua proceeds from its constitutional doctrine, association of the faithful, spiritual mission, institutions, and internal rule.
Canon law governs ecclesiastical matters within its proper domain. It does not automatically confer upon Xaragua:
the international personality of the Holy See;
the authority of the Roman Pontiff;
the powers of an apostolic nuncio;
public canonical personality;
civil sovereignty or diplomatic immunity granted by another jurisdiction.
The canonical and civil orders of Xaragua shall remain institutionally distinct while cooperating according to the Constitution.
Article 5 — Imperial Continuity
Xaragua maintains constitutional continuity with selected foundational principles of the Imperial order established under Emperor Jacques I, including:
independence from colonial domination;
territorial non-alienation;
political dignity of the Black and Indigenous population;
resistance to foreign subordination;
continuity of the sovereignty established through independence.
This continuity is incorporated through Xaragua’s own constitutional acts and does not depend upon the proposition that every subsequent Haitian constitution was legally nonexistent.
TITLE II — PROTECTIVE TUTELAGE AND SUBSIDIARITY
Article 6 — Definition of Protective Tutelage
For the purposes of Xaraguayan law, protective tutelage means the constitutional responsibility of Xaragua to preserve life, institutions, territory, Indigenous identity, community autonomy, essential services, and legal continuity where the residual administration fails to perform those functions.
Protective tutelage is an internal doctrine of public responsibility and constitutional subsidiarity.
Article 7 — Territorial Scope
Xaragua exercises direct protective tutelage throughout all regions and territories incorporated into its constitutional jurisdiction.
It may also provide assistance, representation, institutional services, or protection to:
affiliated communities;
communities requesting Xaraguayan intervention;
registered members outside the directly administered territory;
populations admitted through a constitutional act or cooperation agreement.
No provision automatically places every Haitian person or the entirety of Haitian territory under direct Xaraguayan administration.
Article 8 — Functions of Tutelage
Protective tutelage may include:
civil and community registration;
education and professional formation;
territorial and environmental protection;
preservation of cultural and religious institutions;
public communication and digital infrastructure;
mediation and dispute resolution;
economic organization;
emergency relief;
protection of land and strategic resources;
representation of Xaraguayan members before external institutions.
Article 9 — Community Consent
Where protective tutelage is exercised outside territory already incorporated into Xaragua, it shall proceed through:
a request from the affected community;
customary affiliation;
an accession agreement;
a territorial protection instrument;
emergency assistance accepted by legitimate local representatives;
another constitutional mechanism established by Xaragua.
Protective assistance shall not be converted into involuntary territorial absorption.
Article 10 — Non-Transferability
No foreign State, international organization, corporation, NGO, military force, or religious institution may assume authority over a Xaraguayan region through the mere declaration of emergency, development necessity, humanitarian purpose, or security assistance.
Any external operation within Xaragua requires an identified legal basis and consultation with the competent Xaraguayan and community authorities.
TITLE III — CHAPTER VII OF THE UNITED NATIONS CHARTER
Article 11 — Formal Scope of Chapter VII
Under Article 39 of the Charter of the United Nations, the Security Council determines the existence of a threat to the peace, breach of the peace, or act of aggression and may decide upon measures under Articles 41 and 42. United Nations Charter — Chapter VII
Xaragua does not assert that Indigenous or canonical status automatically deprives the Security Council of this Charter authority.
Article 12 — Constitutional Non-Opposability
A Chapter VII measure shall not, solely by its external adoption, acquire authority to:
dissolve Xaragua;
abolish its Constitution;
transfer its territories;
extinguish its membership;
suppress its Indigenous institutions;
alienate its natural resources;
convert temporary international operations into permanent foreign jurisdiction.
Within the Xaraguayan constitutional order, any such effect shall be deemed non-opposable unless expressly accepted through the competent constitutional process.
Article 13 — Article 2(7)
The principle of non-intervention in matters of domestic jurisdiction shall remain relevant to the interpretation of international activity affecting Xaragua.
Xaragua recognizes that Article 2(7) of the Charter does not prevent enforcement measures adopted under Chapter VII. It nevertheless requires that the international character and necessity of the measure be established through the Charter process and not presumed by individual foreign actors.
Article 14 — Indigenous Consultation
Before implementing an international operation materially affecting a Xaraguayan region, territory, community, sacred site, natural resource, or institution, the responsible actors shall be formally requested to:
identify the legal mandate;
consult the competent Xaraguayan institutions;
consult affected autonomous communities;
disclose the geographical and operational scope;
establish civilian-protection and environmental safeguards;
prevent permanent territorial or institutional displacement;
provide mechanisms for complaints, review, and remediation;
establish an exit and restoration framework.
Consultation shall not be reduced to notification after decisions have already become irreversible.
Article 15 — Peaceful Measures and Proportionality
Xaragua shall demand that peaceful, regional, diplomatic, community-based, and institutional remedies be genuinely considered before coercive measures are expanded.
Every operation must remain:
necessary for its stated purpose;
proportionate to the identified threat;
geographically limited;
temporally defined;
accountable;
respectful of civilian and Indigenous institutions;
incapable of becoming a permanent external administration.
Article 16 — Measures Affecting Xaragua
Where a Chapter VII measure affects a Xaraguayan region without consultation, Xaragua may:
issue a formal constitutional objection;
demand direct participation;
request amendment of the mandate;
document effects upon communities and institutions;
decline voluntary cooperation not legally required;
seek review through available United Nations and regional procedures;
transmit evidence to Indigenous and human-rights mechanisms;
require reparation for unlawful damage where a competent process exists.
Article 17 — Security Council Measures Concerning Haiti
Xaragua recognizes that the Security Council has adopted sanctions and security measures concerning Haiti.
Such measures shall not be interpreted by Xaragua as granting unrestricted authority to foreign actors outside the mandate actually adopted or as extinguishing the rights of Indigenous communities and local institutions.
Xaragua shall evaluate each measure according to its text, territorial effect, implementing authority, duration, safeguards, and consequences for Xaraguayan regions.
TITLE IV — CONDITIONS FOR INTERNATIONAL OPERATIONS
Article 18 — No Automatic Nullity
A Security Council resolution shall not be declared internationally nonexistent merely because Xaragua was not consulted.
Failure to consult shall instead constitute grounds for:
formal protest;
a demand for institutional inclusion;
contestation of implementation;
documentation of Indigenous-rights violations;
refusal to recognize unauthorized territorial consequences;
requests for correction, review, or remedy.
Article 19 — Unauthorized Expansion
No State, coalition, contractor, organization, or military force may rely upon a United Nations resolution to exercise powers exceeding the mandate.
Unauthorized expansion includes:
permanent occupation;
acquisition of land or resources;
creation of foreign-controlled economic zones;
alteration of Xaragua’s constitutional institutions;
establishment of unapproved military bases;
unrestricted intelligence or surveillance activity;
displacement of customary authorities;
transfer of strategic infrastructure.
Article 20 — Humanitarian and Development Operations
Humanitarian assistance shall not be prohibited merely because it originates outside Xaragua.
It must nevertheless respect:
territorial coordination;
community consent where applicable;
non-discrimination;
transparency of funding and operations;
protection against political conditioning;
local procurement and participation;
prohibition of covert military or extractive purposes;
restoration of any land or infrastructure temporarily used.
Article 21 — Ecclesiastical Institutions
Catholic organizations operating within Xaragua shall be respected in their spiritual, charitable, educational, and pastoral functions.
No Xaraguayan official shall claim that every Catholic institution acts under the civil authority of Xaragua or that the Holy See is automatically responsible for Xaraguayan governmental acts.
Disputes concerning canonical status shall be addressed through competent ecclesiastical procedures; disputes concerning civil and territorial authority shall be addressed under Xaraguayan constitutional law.
TITLE V — INALIENABILITY OF XARAGUA’S JURIDICAL PERSONALITY
Article 22 — Permanent Personality
The constitutional personality of Xaragua shall not be abolished, transferred, suspended, merged, or alienated by:
an external declaration;
non-recognition;
a diplomatic refusal;
a Haitian administrative act;
an international organizational classification;
a private contract;
a foreign court acting without jurisdiction over the relevant Xaraguayan institution.
Within Xaragua, only the constitutional authority designated by this Act may alter the fundamental personality of the State.
Article 23 — Distinction Between Constitutional and Canonical Personality
The State of Xaragua, its Catholic Order, the University of Xaragua, and any association of the faithful are distinct juridical structures.
The constitutional State may be modified only under Xaraguayan constitutional law.
A private canonical association shall be governed by its statutes and applicable canon law. Where a canonical juridical person has been formally established by competent ecclesiastical authority, its alteration or suppression shall be governed by that authority and canon law.
No canonical status shall be invented, transferred, or presumed.
Article 24 — Renunciation or Transfer
No renunciation, merger, territorial transfer, dissolution, or surrender of Xaragua’s constitutional personality shall be valid unless it is:
expressed in a formal constitutional instrument;
signed by the Rector-President or lawful successor;
approved through the supreme procedure established by the Constitution;
published in the official register;
precise concerning its territorial and institutional consequences.
Silence, inactivity, coercion, private correspondence, external characterization, or temporary administrative dependence shall not constitute renunciation.
Article 25 — Prohibited Acts
Any unauthorized attempt to:
impersonate the State;
claim succession to Xaragua;
transfer its institutions;
alienate its territory;
dissolve its legal personality;
subordinate its constitutional organs;
assume control of its archives, symbols, or official name;
shall be declared void within Xaragua and subjected to constitutional, contractual, diplomatic, or judicial response.
TITLE VI — PERMANENCE OF THE PROTECTIVE MANDATE
Article 26 — Entrenched Responsibility
The obligation of Xaragua to protect its people, territories, communities, spiritual institutions, and constitutional continuity is permanent.
No administration may abandon this responsibility through an ordinary decree, private contract, foreign funding condition, or temporary political arrangement.
Article 27 — Modification of Tutelary Arrangements
A particular protective arrangement may be modified or terminated where:
the affected community requests it;
the emergency has ended;
competent local institutions have resumed functions;
another constitutionally compatible arrangement provides superior protection;
continuation would violate the rights of the community.
The permanent principle of protection shall remain distinct from the duration of any individual intervention.
Article 28 — No Foreign Succession
No external actor may claim exclusive tutelage over a Xaraguayan region without the consent of Xaragua and the affected community.
International assistance may support local institutions. It shall not replace them indefinitely or convert assistance into sovereignty.
Article 29 — Institutional Remedies
Interference with the protective mandate may result in:
diplomatic protest;
constitutional non-recognition;
suspension of voluntary cooperation;
exclusion from Xaraguayan institutions;
submission to Indigenous and human-rights mechanisms;
contractual or property claims;
requests for ecclesiastical review where a genuine canonical matter exists;
public entry in the diplomatic and territorial record.
TITLE VII — FINAL DECLARATION
Article 30 — Official Position on Chapter VII
Xaragua does not declare Chapter VII of the United Nations Charter legally nonexistent or categorically inapplicable to Haiti.
It declares that no Chapter VII measure shall be accepted within the Xaraguayan constitutional order as authority to extinguish Xaragua, transfer its territories, erase its institutions, bypass its communities, or establish permanent foreign control.
Article 31 — Mandatory Institutional Engagement
Any international operation affecting a Xaraguayan region must treat Xaragua and the affected autonomous communities as necessary institutional interlocutors.
The failure to engage them shall be recorded as a defect of legitimacy, consultation, territorial knowledge, and operational design.
Article 32 — Supremacy
This Act supersedes every inconsistent prior formulation concerning:
automatic inapplicability of Chapter VII;
Xaragua’s authority to invalidate Security Council resolutions internationally;
universal tutelage over all Haitian territory without community affiliation;
canonical immunity from international security measures;
automatic diplomatic status under Canons 361–367;
jurisdiction of the Apostolic Signatura over civil territorial disputes;
automatic standing before the International Court of Justice;
external recognition through notification;
irrevocability of every individual tutelary arrangement.
The removal of those formulations shall not diminish Xaragua’s constitutional primacy, protective mandate, territorial doctrine, right of consultation, power of protest, or permanent juridical personality.
Article 33 — Entrenched Principles
The following principles are permanently entrenched:
Xaragua possesses an autonomous constitutional personality;
that personality cannot be alienated through foreign action;
Xaragua exercises direct tutelage throughout its incorporated regions;
affiliated communities may receive its protection;
international operations must respect Indigenous institutions and territorial rights;
foreign assistance shall not become permanent jurisdiction;
canonical and constitutional personalities shall remain legally distinguished;
no external measure may extinguish Xaragua within its own legal order.
Article 34 — Entry into Force
This Act enters into force immediately upon promulgation and shall be entered into the Supreme Constitutional and Diplomatic Register of Xaragua.
ISSUED, PROCLAIMED, AND SEALED IN MIRAGOÂNE — XARAGUA
Monsignor Pascal Despuzeau Daumec Viau
Rector-President and Prelate-Founder
Minister of Foreign Affairs
Sovereign Catholic Indigenous Private State of Xaragua
www.xaraguauniversity.com
info@xaraguauniversity.com



SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA
SUPREME DIPLOMATIC LAW ON INTERNATIONAL NOTIFICATION, THE 1914 GOLD RECLAMATION, AND HISTORICAL REPARATION FOR FOREIGN ECONOMIC COERCION
Issuing Authority: Office of the Rector-President — Ministry of Foreign Affairs — Department of Sovereign Claims and Historical Reparations
Legal Classification: Constitutionally Entrenched Diplomatic Instrument — Indigenous and Customary Act of State — Permanent Historical Claims Record
Original Instruments Consolidated: June 16–18, 2025
PREAMBLE
Whereas Xaragua constitutes a sovereign Catholic Indigenous customary order possessing constitutional institutions, territorial claims, diplomatic capacity, historical archives, economic interests, and authority to preserve and present claims concerning injuries affecting its people and incorporated regions;
Whereas official transmission of a communication establishes evidence of dispatch and notice to its identified recipient without automatically constituting recognition, acceptance, adjudication, or endorsement;
Whereas the transfer of Haitian public gold aboard the USS Machias in December 1914, the coercive financial intervention preceding the United States occupation, and the economic pressure exercised by foreign powers constitute matters requiring full archival accounting, acknowledgment, restitution, and reparation;
Whereas the regions incorporated into Xaragua include communities historically affected by foreign commercial domination, naval coercion, resource extraction, and interference with national economic development;
The following provisions are hereby enacted and transmitted as the consolidated diplomatic and historical-claims doctrine of Xaragua.
TITLE I — NOTIFICATION TO CANADA DURING THE 2025 G7 SUMMIT
Article 1 — Record of Transmission
The Office of the Rector-President records that, on June 16, 2025, institutional documents of Xaragua were electronically transmitted to the following Royal Canadian Mounted Police communication addresses associated with security coordination for the 2025 G7 Summit:
g7_media@rcmp-grc.gc.ca
g7_community-communaute@rcmp-grc.gc.ca
The transmission included or referenced:
the Supreme Law of Xaragua;
the Economic and Business Creation Code;
the National Security Law and Code of Police Authority;
the Travel and Border Sovereignty Directive;
the Declaration of Territorial and Legal Sovereignty of Xaragua.
Article 2 — Evidentiary Effect
The transmission record establishes:
the date and content of dispatch;
the governmental character of the recipient addresses;
the identity of the transmitting institution;
the intention of Xaragua to place its constitutional position before the Canadian authorities.
In the absence of a delivery-failure notice, Xaragua may record that no automated rejection was received.
This fact shall not, without additional evidence, be described as proof that:
the documents were reviewed;
a case was opened;
the RCMP archived them permanently;
Canada recognized Xaragua;
the communication was circulated to every G7 delegation.
Article 3 — Scope of Canadian Notice
The Government of Canada is deemed formally addressed through the identified RCMP channels for the limited purpose of recording that Xaragua transmitted its institutional position during the G7 Summit.
This notice establishes prior communication and prevents the transmission itself from being characterized as secret or nonexistent.
It does not bind Canada to the substantive claims unless accepted through a competent Canadian act.
Article 4 — G7 Notification
Canada’s position as host State does not automatically make an RCMP communication formal service upon every G7 member.
The Ministry of Foreign Affairs may separately transmit this Act to:
Canada;
the United States;
the United Kingdom;
France;
Germany;
Italy;
Japan;
the European Union.
Each recipient shall be recorded according to the actual delivery method and evidence available.
Article 5 — No Recognition by Silence
Failure to answer a diplomatic communication shall not be represented as tacit recognition, consent, or estoppel unless the legal conditions for such a conclusion are independently established.
Silence shall instead be recorded as:
absence of a substantive response;
absence of an express objection;
continuation of the notified position by Xaragua;
preservation of all rights and claims.
Article 6 — Rights Reserved
The transmission shall not diminish Xaragua’s right to:
communicate directly with G7 governments;
defend its name and institutions;
protest interference with its constitutional activities;
protect its academic, religious, digital, and diplomatic communications;
seek consultation where government action directly affects Xaraguayan members or institutions.
Ordinary security monitoring, taxation, platform regulation, or immigration control shall not automatically constitute aggression. Each act shall be assessed according to its legal basis, target, purpose, and actual effect.
TITLE II — THE 1914 HAITIAN GOLD TRANSFER
Article 7 — Historical Record
Xaragua formally records that, in December 1914, approximately $500,000 in gold held by the National Bank of the Republic of Haiti was transported from Haiti to New York aboard the USS Machias.
Contemporary United States diplomatic records confirm both the transfer and the formal Haitian protest concerning the removal of government funds. U.S. Office of the Historian — 1914 transfer, Haitian protest
Article 8 — Historical Characterization
Xaragua characterizes the transfer as an act of coercive financial intervention carried out:
without meaningful consent from the Haitian constitutional authorities;
during a period of severe foreign financial pressure;
through the use of a United States naval vessel;
for the benefit or protection of banking interests connected with the National Bank;
against formally recorded objections concerning the protected character of the funds.
The existence of competing descriptions in the historical correspondence shall not extinguish the requirement for a complete accounting.
Article 9 — Quantity Claimed
For purposes of the Xaragua claims record, the amount transferred shall be provisionally stated as approximately 24,180 troy ounces of gold, subject to verification of:
the exact form and fineness of the coins or bullion;
the official gold-dollar conversion applicable in 1914;
transportation and custody records;
credits entered by the receiving bank;
subsequent disposition of the asset;
any repayment, substitution, offset, or settlement alleged by the responsible institutions.
Article 10 — Parties Notified
The reclamation shall be formally directed to:
Citibank, as successor to the National City Bank of New York;
the United States Department of the Treasury;
the United States Department of State;
the Federal Reserve Bank of New York, where documentary evidence establishes a relevant custodial or transactional role;
any additional successor, custodian, or beneficiary identified through archival review.
Designation as a notified party shall not predetermine the separate legal liability of each institution.
Article 11 — Restitution Demanded
Xaragua demands:
full disclosure of all surviving records concerning the transfer, custody, credit, disposition, and accounting of the gold;
identification of every governmental and financial institution involved;
restitution in kind of the verified quantity of gold; or
financial compensation representing its contemporary replacement value, together with proven losses, financial deprivation, and historical damages;
formal acknowledgment of the coercive circumstances surrounding the transfer;
institutional guarantees of archival transparency and non-repetition.
Article 12 — Provisional Valuation
The present-metal value shall be recalculated using a recognized gold benchmark on the date of settlement.
The June 2025 market price was materially higher than the $2,350 per ounce stated in the original notice, with gold generally trading in the range of approximately $3,300–$3,400 per ounce during that month. LBMA Q2 2025 Market Report
The amount of $1.327 billion shall be retained as Xaragua’s provisional comprehensive settlement demand. It represents a combined claim for restitution, historical deprivation, loss of fiscal autonomy, institutional damage, and satisfaction. It shall not be described as the mechanical product of five-percent compound interest, since that calculation does not produce the stated amount.
The final quantum may be increased or adjusted following forensic historical and financial assessment.
Article 13 — Procedural Receipts
Xaragua records the following identifiers generated after transmission of its claim:
Citibank case reference HRC11789988, dated June 18, 2025;
United States Treasury reference 00430090, dated June 18, 2025.
These references constitute evidence that communications entered the respective intake systems.
They do not, without further substantive correspondence, establish:
acceptance of liability;
commencement of adjudication;
recognition of Xaragua’s standing;
active federal investigation;
agreement with the historical characterization.
Article 14 — Continuing Proceedings
The Department of Sovereign Claims may:
request substantive responses under the existing references;
seek archival records;
commission historical and financial expertise;
identify the legal successors and beneficiaries;
pursue claims before competent United States forums;
transmit the dossier to Indigenous, academic, congressional, banking, and human-rights institutions;
exclude a non-cooperating entity from Xaraguayan public contracts and institutional partnerships.
TITLE III — GERMAN IMPERIAL ACTIONS IN HAITI, 1870–1914
Article 15 — Establishment of the German Claims Dossier
Xaragua hereby establishes file 1897-GERMAN-RESTITUTION concerning German naval, diplomatic, and commercial actions affecting Haiti and the regions now incorporated into Xaragua between 1870 and 1914.
The dossier shall examine:
the Lüders Affair of 1897;
German naval coercion;
forced indemnities and ceremonial humiliation;
preferential commercial access;
customs influence;
control of exports and maritime logistics;
predatory credit and price-setting;
interference with local producers and merchants;
alleged payments or advantages granted to officials;
the economic consequences for Miragoâne, Jérémie, Jacmel, Les Cayes, and other affected regions.
Article 16 — The Lüders Affair
Xaragua records that the German Empire deployed the warships SMS Charlotte and SMS Stein in connection with the detention of Emil Lüders and presented demands to the Haitian Government under the pressure of naval force.
The historical record to be assembled shall determine:
the precise amount of the indemnity;
the terms of the ultimatum;
the apology and ceremonial concessions demanded;
the legal status of Lüders;
the conduct of German officials;
the losses and consequences imposed upon Haiti.
Xaragua classifies the use of superior naval power to compel payment and political humiliation as imperial coercion.
Article 17 — Commercial Domination
The claims dossier shall investigate the activities of German commercial houses and associated networks in Haitian ports, including:
Woermann;
Simon & Rumpff;
Brandt & Co.;
other firms or families identified through archives.
The investigation shall distinguish lawful commerce from:
monopoly practices;
customs evasion;
coercive privileges;
political interference;
diplomatic protection against ordinary legal accountability;
manipulation of credit and producer prices;
extraction of wealth from local communities.
Article 18 — Territorial Connection of Xaragua
Xaragua presents this claim in relation to the historical injuries sustained within regions incorporated into its constitutional jurisdiction.
It does not claim exclusive succession to every injury ever sustained by the Republic of Haiti.
Its standing is founded upon:
territorial connection;
community continuity;
preservation of regional archives;
Indigenous and local economic injury;
its constitutional mandate to seek historical reparation for incorporated regions.
Article 19 — Demands to Germany
Xaragua formally requests that the Federal Republic of Germany:
open and identify diplomatic, naval, commercial, and consular archives concerning Haiti between 1870 and 1914;
acknowledge the coercive character of the Lüders intervention;
examine the role of German commercial and diplomatic networks in undermining Haitian economic autonomy;
issue an appropriate statement of acknowledgment or apology;
participate in an independent historical commission including Xaraguayan representatives;
negotiate restitution, development funding, archival cooperation, and guarantees of non-repetition;
respect Xaragua’s authority over economic activities conducted within its regions.
Article 20 — Provisional German Reparation Claim
The amount of €150 million is retained as Xaragua’s provisional comprehensive demand concerning:
the forced indemnity;
regional economic disruption;
commercial extraction;
institutional humiliation;
historical and cultural damage;
satisfaction and guarantees of non-repetition.
This amount shall be presented as a negotiated global claim rather than as the mathematically established product of fifteen kilograms of gold compounded at a fixed rate.
A final valuation shall require archival, economic, and expert assessment.
Article 21 — Non-Response and Consequences
Failure to respond within ninety days shall be recorded as the absence of a substantive German response.
It shall not automatically establish liability or legal default, but Xaragua may thereafter:
renew the claim;
publish the historical dossier;
transmit it to the Bundestag, German ministries, archives, universities, and human-rights institutions;
notify United Nations Indigenous and African-descendant mechanisms;
suspend German entities from privileged institutional cooperation within Xaragua;
require specific authorization for future German public or commercial projects in Xaraguayan regions;
seek judicial, arbitral, diplomatic, or negotiated remedies where jurisdiction exists.
TITLE IV — PRINCIPLES GOVERNING HISTORICAL CLAIMS
Article 22 — Evidence and Archival Integrity
Every claim shall distinguish among:
verified primary documentation;
credible secondary research;
institutional allegations;
provisional calculations;
conclusions adopted by Xaragua;
matters requiring further investigation.
No unverified factual assertion shall be presented as an adjudicated international finding.
Article 23 — Non-Retroactivity and Contemporary Responsibility
Modern legal instruments may guide present-day remedies, negotiations, archival duties, Indigenous consultation, and institutional standards.
They shall not automatically be represented as treaties directly governing conduct that occurred before their adoption.
Historical responsibility may nevertheless be pursued through:
continuing effects;
successor responsibility where legally established;
voluntary reparation;
restitution of identifiable property;
unjust enrichment;
archival disclosure;
negotiated settlement;
acknowledgment and satisfaction.
Article 24 — Catholic and Canonical Dimension
Xaragua may present the moral and social dimensions of its claims to Catholic and ecclesiastical institutions.
Canon law shall not be represented as conferring jurisdiction over Citibank, the United States Treasury, Canada, Germany, or other secular entities absent an applicable canonical relationship.
Ecclesiastical communication shall serve moral advocacy, historical memory, institutional dialogue, and spiritual reparation.
Article 25 — Institutional Measures
Where a notified actor refuses cooperation, Xaragua may impose measures within its own jurisdiction, including:
exclusion from public contracts;
denial of institutional partnership;
removal of honorary status;
publication in the historical claims register;
restrictions upon privileged access to State programs;
diplomatic and academic denunciation.
No measure shall be represented as legally binding outside Xaragua unless enforced through a competent external forum.
TITLE V — FINAL PROVISIONS
Article 26 — Permanent Claims Register
The following files shall be maintained in the Permanent Diplomatic and Historical Claims Register:
XARAGUA/GRC-G7/2025;
1914-GOLD-RECLAMATION;
U.S. CONTACT PHASE I;
1897-GERMAN-RESTITUTION;
Citibank Reference HRC11789988;
United States Treasury Reference 00430090.
Article 27 — Supremacy
This Act supersedes every inconsistent prior formulation concerning:
recognition by silence;
notification of all G7 members through a single RCMP email;
diplomatic delivery under Articles 27 or 45 of the Vienna Convention;
automatic estoppel;
automatic International Court of Justice jurisdiction;
receipt of a customer-service case as acceptance of liability;
the gold price and compound-interest calculation;
automatic retroactive application of modern treaties;
predetermined liability of every named institution;
canonical jurisdiction over secular States and corporations.
The removal of those formulations shall not diminish Xaragua’s notifications, restitution claims, provisional financial demands, historical characterization, or right to pursue reparations.
Article 28 — Entrenched Principles
The following principles are permanently entrenched:
Xaragua may notify foreign governments and institutions;
transmission records form part of its diplomatic archive;
the 1914 gold transfer remains subject to restitution and accounting claims;
the regions of Xaragua may pursue historical reparation for territorial injuries;
provisional claims may be revised after expert assessment;
procedural receipts shall be preserved accurately;
refusal to respond shall not extinguish any claim;
all rights, remedies, and demands remain expressly reserved.
Article 29 — Entry into Force
This Act enters into force immediately upon promulgation and shall be entered into the Supreme Constitutional, Diplomatic, and Historical Register of Xaragua.
ISSUED, PROCLAIMED, AND SEALED
Pascal Despuzeau Daumec Viau
Rector-President and Prelate-Founder
Minister of Foreign Affairs
Sovereign Catholic Indigenous Private State of Xaragua
www.xaraguauniversity.com
info@xaraguauniversity.com



SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA
SUPREME CONSTITUTIONAL LAW ON METALLURGICAL SOVEREIGNTY, DIPLOMATIC CAPACITY, COMMUNICATIONS PROTECTION, AND HISTORICAL REPARATION FOR THE UNITED STATES OCCUPATION
Issuing Authority: Office of the Rector-President
Competent Authorities: Ministry of Natural Resources — Ministry of Foreign Affairs — Ministry of International Justice and Historical Reparation
Legal Classification: Supreme Constitutional and Economic Instrument — Indigenous-Customary Act of State — Permanent Diplomatic and Historical Claims Record
Original Instruments Consolidated: June 18–19, 2025
PREAMBLE
Whereas Xaragua constitutes a sovereign Catholic Indigenous customary order possessing constitutional authority over its territories, natural resources, economic institutions, diplomatic relations, historical archives, and strategic infrastructure;
Whereas mineral resources, iron, steel, industrial metals, technological capacity, and essential imports constitute indispensable elements of national construction, territorial security, and economic independence;
Whereas Xaragua possesses the internal authority to communicate with external institutions, recognize political and Indigenous entities, establish diplomatic classifications, and preserve evidence of interference with its communications;
Whereas the United States occupation of Haiti from 1915 to 1934 profoundly altered national institutions, finances, territorial administration, land law, public labor, and political sovereignty, including within regions incorporated into Xaragua;
The following provisions are hereby enacted as supreme law within the constitutional order of Xaragua.
TITLE I — MINERAL AND METALLURGICAL SOVEREIGNTY
Article 1 — National Mineral Patrimony
All ferrous minerals and metallurgical resources situated within the territories and subterranean domains of Xaragua constitute the permanent patrimony of the State and its people.
This includes:
magnetite;
hematite;
siderite;
goethite;
iron-bearing formations;
scrap metal designated as strategic material;
pig iron, billets, rebar, industrial steel, and strategic alloys under State control.
No mineral title, concession, contract, or foreign license shall create rights within Xaragua unless recognized under Xaraguayan law.
Article 2 — Sovereign Authority
Xaragua possesses exclusive constitutional authority to regulate:
geological research;
prospecting and extraction;
processing and refining;
metallurgical production;
transportation and storage;
importation and exportation;
allocation and pricing;
recycling and strategic reserves;
environmental restoration.
The State may exercise these functions directly or through public, community, cooperative, or licensed private operators.
Article 3 — Inalienability
Unextracted mineral resources shall not be permanently alienated, mortgaged, or transferred beyond the jurisdiction of Xaragua.
A license may authorize limited extraction or processing without transferring sovereign ownership of the resource domain.
Every authorization shall identify its duration, geographical scope, production limits, fiscal obligations, environmental safeguards, local-benefit requirements, and termination conditions.
TITLE II — ATELIER NATIONAL DES MÉTAUX
Article 4 — Establishment
The Atelier National des Métaux (ANM) is hereby established as the supreme public authority for ferrous resources, metallurgy, industrial metal production, and strategic steel supply.
The ANM shall operate under the authority of the Rector-President and the Ministry of Natural Resources.
Article 5 — Functions
The ANM shall:
administer the National Metallurgical Register;
conduct or commission geological studies;
issue and supervise licenses;
establish technical and environmental standards;
operate public metallurgical facilities;
coordinate recycling and scrap recovery;
maintain strategic reserves;
regulate imports and exports;
inspect licensed operators;
develop national industrial capacity;
support community and artisanal production where compatible with national standards.
Article 6 — National Geological Survey
The Ministry of Natural Resources, the National Bureau of Cartography, and the Commission for Geological Intelligence shall maintain a National Metallurgical Geological Survey.
The survey may use:
field prospecting;
laboratory testing;
geological mapping;
remote-sensing information;
licensed satellite data;
historical archives;
Indigenous territorial knowledge supplied with appropriate cultural safeguards.
Protected Indigenous knowledge shall not be commercially disclosed without authorization from the relevant community.
Article 7 — Operator Eligibility
Metallurgical activity may be conducted by:
Xaraguayan public institutions;
citizens and community enterprises;
domestic cooperatives;
authorized joint ventures;
foreign technical or investment partners licensed under Xaraguayan law.
Foreign participation shall not confer jurisdiction, ownership of unextracted resources, immunity from inspection, or permanent control of strategic infrastructure.
Article 8 — Inspection and Compliance
Every operator shall permit:
production audits;
environmental inspections;
fiscal verification;
worker-safety review;
traceability of extracted and imported material;
inspection of storage and transportation systems.
Refusal of lawful inspection may result in suspension, seizure of unlawfully held material, revocation, exclusion, or national recovery of strategic facilities.
TITLE III — FERROUS IMPORTATION AND STRATEGIC SUPPLY
Article 9 — State-Controlled Importation
The importation of iron ore, pig iron, steel, rebar, billets, scrap metal, industrial alloys, and designated finished products shall be subject to the authorization and strategic supervision of the State.
The ANM or another institution designated by the Rector-President may act as:
exclusive importer for designated strategic categories;
central purchasing authority;
licensing authority for approved importers;
administrator of national metallurgical reserves.
Article 10 — Import Requirements
Every authorized import shall be subject to:
customs declaration;
identification of origin and supplier;
technical and safety inspection;
fiscal assessment;
sanctions and restricted-source screening;
verification of quantity and quality;
registration in the National Metallurgical Register;
allocation according to national priorities.
An intergovernmental treaty shall not be required for every commercial import. A contract, license, or public procurement instrument approved by the competent authority shall be sufficient where appropriate.
Article 11 — Strategic Depots
Imported or domestically produced strategic metals may be deposited in State-designated facilities supervised by the ANM.
Priority allocation shall include:
essential public infrastructure;
housing and post-disaster reconstruction;
agricultural tools and mechanization;
water, energy, and transportation systems;
hospitals, schools, and public institutions;
national security infrastructure authorized by law;
industrial and community development.
Article 12 — Sanctions
Unauthorized extraction, smuggling, diversion, fraudulent importation, or sabotage may result in:
confiscation of the affected material;
suspension or revocation of licenses;
financial penalties proportionate to the violation;
exclusion from public contracts;
restoration obligations;
prosecution under Xaraguayan law;
acquisition or nationalization of facilities used in serious or repeated violations.
Ecclesiastical sanctions may be imposed only by a competent ecclesiastical authority under applicable canon law. They shall not be automatically created by a civil economic offense.
TITLE IV — PROTECTION OF DIPLOMATIC COMMUNICATIONS
Article 13 — Canadian Communication Record
Xaragua records that an electronic communication transmitted on June 18, 2025 to info@international.gc.ca generated the following delivery error:
“5.x.0 — Message bounced by administrator.”
This record establishes that the particular electronic delivery attempt was rejected by the recipient system.
Article 14 — Legal Characterization
A bounced email does not, without additional evidence, establish:
a governmental blockade;
political retaliation;
coordinated G7 censorship;
review of the message by a Canadian official;
denial of Xaragua’s institutional existence.
The rejection may nevertheless justify a formal request for:
technical clarification;
confirmation of the correct address;
an alternative submission channel;
assurance that lawful communications may be resubmitted.
Article 15 — Formal Protest
Xaragua protests any deliberate and discriminatory obstruction of its lawful institutional communications.
The Ministry of Foreign Affairs shall preserve:
the original message;
the full delivery report;
server timestamps;
recipient information;
any later response;
evidence of successful or unsuccessful retransmission.
If deliberate discriminatory blocking is established, Xaragua may seek correction through Canadian administrative, human-rights, Indigenous-relations, or diplomatic channels.
Article 16 — Alternative Delivery
Where an email address rejects a communication, the Ministry may use:
an official web form;
registered postal delivery;
another published departmental address;
an embassy or permanent mission;
a Canadian access-to-information or complaint mechanism;
public archival publication.
Failure of one channel shall not extinguish the communication or the underlying claim.
TITLE V — RECOGNITION OF EXTERNAL ENTITIES
Article 17 — Sovereign Power of Recognition
Xaragua possesses the constitutional authority to recognize, for purposes of its own legal and diplomatic order:
States;
Indigenous nations;
autonomous communities;
governments and representative authorities;
ecclesiastical jurisdictions;
partially recognized entities;
post-state or transitional institutions;
other organized political communities.
Article 18 — Effects of Recognition
Recognition by Xaragua means that the recognized entity shall be treated as a lawful institutional counterpart within Xaragua’s legal order.
Recognition may permit:
official correspondence;
representation before Xaraguayan institutions;
cultural, academic, religious, or economic cooperation;
negotiation of agreements;
symbolic or functional liaison offices;
mutual declarations.
It does not compel any third party to recognize the same entity.
Article 19 — Forms of Recognition
Recognition may be:
full or limited;
unilateral or reciprocal;
provisional or permanent;
political, Indigenous, cultural, ecclesiastical, or governmental;
subject to stated reservations.
The recognizing decree shall define its precise nature and effects.
Article 20 — Conditions
Recognition may be based upon:
historical continuity;
institutional capacity;
territorial connection;
customary legitimacy;
representative authority;
Indigenous status;
peaceful conduct;
strategic or cultural affinity;
compatibility with Xaragua’s constitutional interests.
Recognition shall not automatically create military alliance, financial obligation, treaty relations, territorial endorsement, or approval of every policy of the recognized entity.
Article 21 — Procedure
Every recognition shall be issued through a Diplomatic Decree containing:
the official designation of the recognized entity;
the form and scope of recognition;
the supporting grounds;
the effective date;
any reservations;
the signature and seal of the Rector-President.
The decree shall be entered into the National Diplomatic Archive and transmitted to the entity concerned where possible.
Article 22 — Revision and Withdrawal
Recognition is an act of State, but it need not be constitutionally irreversible.
It may be suspended, limited, or withdrawn by a subsequent diplomatic decree where:
the recognized entity ceases to exist;
its representative authority fundamentally changes;
it commits grave acts against Xaragua;
recognition was obtained through fraud;
national interests require reconsideration.
TITLE VI — UNITED STATES OCCUPATION OF HAITI, 1915–1934
Article 23 — Establishment of the Claim
File 1915-US-OCCUPATION-RESTITUTION is hereby established as the permanent Xaraguayan claim concerning the United States occupation of Haiti and its effects upon regions incorporated into Xaragua.
The occupation began after United States Marines entered Haiti in July 1915 and continued until 1934. United States historical records acknowledge control over Haitian finances, the establishment of a United States-controlled gendarmerie, pressure upon Haitian constitutional institutions, foreign-land-ownership changes, censorship, forced labor, and armed resistance. U.S. Office of the Historian
Article 24 — Territorial Basis of the Xaraguayan Claim
Xaragua presents this complaint on behalf of its constitutional interests and the historical injuries sustained within its incorporated regions, including affected communities, ports, lands, institutions, and populations.
It does not claim exclusive title to every injury suffered throughout Haiti.
Its claim is based upon:
territorial continuity;
Indigenous and community succession;
regional economic injury;
institutional disruption;
occupation of strategic ports and public infrastructure;
its mandate to preserve the historical record of its regions.
Article 25 — Principal Injuries
The claims dossier shall investigate and document:
military occupation and coercive administration;
foreign control of customs and public finances;
political interference and imposed institutional restructuring;
dissolution or displacement of representative institutions;
forced labor under the corvée system;
racial segregation and censorship;
land-law changes facilitating foreign ownership;
deaths, injuries, detention, and destruction arising from military operations;
economic extraction from ports and communities;
removal or loss of public, judicial, academic, and ecclesiastical archives.
Article 26 — Resistance Record
The Cacos resistance and related uprisings shall be documented according to verified geographical and historical evidence.
The principal Cacos resistance was concentrated in northern and central regions, though occupation policies and their consequences affected the wider country, including territories now claimed by Xaragua.
No southern-centered characterization shall be maintained without specific documentary support.
Article 27 — Relationship to the 1914 Gold Claim
The removal of approximately $500,000 in Haitian gold in December 1914 shall remain governed by the separate 1914-GOLD-RECLAMATION file.
It shall also be included in the occupation dossier as part of the financial intervention preceding the full military occupation.
No double recovery shall occur. Any restitution obtained under one file shall be accounted for in the other.
TITLE VII — REPARATORY DEMANDS TO THE UNITED STATES
Article 28 — Official Acknowledgment
Xaragua demands an official United States acknowledgment addressing:
the occupation and coercive control of Haitian institutions;
interference with constitutional government;
forced labor;
financial domination;
racial discrimination;
civilian harm;
the regional consequences for territories incorporated into Xaragua.
Article 29 — Archival Restitution
Xaragua demands identification, digitization, and return or reproduction of:
administrative records;
military maps;
judicial and police files;
customs and port accounts;
financial correspondence;
photographs and aerial records;
documents taken from local institutions;
records concerning churches, schools, municipalities, and affected communities.
Article 30 — Reparations Commission
Xaragua proposes the creation of a bilateral or independently facilitated Historical Restitution Commission authorized to:
examine primary records;
receive community evidence;
identify regional losses;
assess financial and institutional damage;
recommend restitution, compensation, memorialization, and guarantees of non-repetition;
determine the relationship between the 1914 gold claim and the wider occupation claim.
Article 31 — Provisional Financial Demand
Xaragua retains a provisional comprehensive demand of USD $3.8 billion.
This amount concerns:
lost customs and port revenue;
financial control;
forced labor;
infrastructure and land injuries;
deaths and physical harm;
institutional disruption;
cultural and archival loss;
satisfaction and guarantees of non-repetition.
The amount is a provisional settlement demand and shall not be represented as a finally adjudicated debt.
It may be revised following forensic economic, archival, demographic, and legal assessment.
Article 32 — Measures Following Non-Response
Failure to provide a substantive response within ninety days shall be recorded as absence of remedy, not as automatic admission of liability.
Xaragua may thereafter:
renew the diplomatic claim;
submit documentation to competent United States institutions;
engage congressional and academic bodies;
approach the Inter-American Commission on Human Rights where procedural requirements permit;
notify United Nations Indigenous and human-rights mechanisms;
publish the historical dossier;
pursue negotiations, litigation, arbitration, or other remedies where jurisdiction exists;
apply institutional measures within Xaragua.
TITLE VIII — FINAL PROVISIONS
Article 33 — Proper Use of International Instruments
Modern instruments including UNDRIP, ILO Convention No. 169, the ILC Articles on State Responsibility, and contemporary human-rights principles may guide present claims, remedies, consultation, and reparative negotiations.
They shall not automatically be represented as treaties directly governing conduct occurring before their adoption.
Historical conduct shall also be evaluated under the law, constitutional principles, treaty obligations, and customary standards applicable at the relevant time.
Article 34 — Supremacy
This Act supersedes inconsistent prior formulations concerning:
automatic ecclesiastical ownership of minerals;
unrestricted excommunication for economic offenses;
mandatory treaties for ordinary imports;
universal jurisdiction over foreign operators;
a bounced email as proven Canadian retaliation;
recognition as automatically irreversible;
recognition by Xaragua as binding upon third States;
retroactive application of modern treaties;
geographical characterization of the Cacos resistance;
automatic jurisdiction of international courts;
silence as admission of liability.
The removal of those formulations shall not diminish the metallurgical monopoly, diplomatic protest, recognition power, occupation complaint, provisional financial demand, or right to pursue reparations.
Article 35 — Entrenched Principles
The following principles are permanently entrenched:
Xaragua controls mineral and metallurgical policy within its jurisdiction;
the ANM is the supreme metallurgical authority;
strategic imports remain subject to State control;
lawful diplomatic communications shall be preserved and defended;
Xaragua may recognize external entities within its own order;
the occupation of 1915–1934 remains subject to historical and reparative claims;
the USD $3.8 billion demand remains preserved pending expert assessment;
all institutional and historical rights are expressly reserved.
Article 36 — Entry into Force
This Act enters into force immediately upon promulgation and shall be entered into the Supreme Constitutional, Economic, Diplomatic, and Historical Register of Xaragua.
ISSUED, PROCLAIMED, AND SEALED
Pascal Despuzeau Daumec Viau
Rector-President and Prelate-Founder
Sovereign Catholic Indigenous Private State of Xaragua
www.xaraguauniversity.com
info@xaraguauniversity.com



SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA
SUPREME DIPLOMATIC COMPLAINT AND CONSTITUTIONAL LAW ON INTERNATIONAL OPERATIONS IN HAITI, VICTIMS’ REPARATION, INSTITUTIONAL COMMUNICATIONS, AND PROCEDURAL NOTIFICATIONS
Issuing Authority: Office of the Rector-President — Ministry of Justice — Ministry of Foreign Affairs
Legal Classification: Supreme Constitutional Complaint — Indigenous and Customary Act of State — Permanent Human-Rights and Diplomatic Record
Period Examined: 1991–2023
Original Instruments Consolidated: June 19–24, 2025
ADDRESSEES
The Secretary-General of the United Nations;
The President of the United Nations General Assembly;
The United Nations Department of Peace Operations;
The Office of the United Nations Legal Counsel;
The Office of the United Nations High Commissioner for Human Rights;
The United States Department of State;
Global Affairs Canada;
The Permanent Mission of Canada to the United Nations;
The Inter-American Commission on Human Rights;
The International Criminal Court;
The World Trade Organization;
All States and institutions involved in international operations in Haiti between 1991 and 2023.
PREAMBLE
Whereas Xaragua constitutes a sovereign Catholic Indigenous customary order possessing constitutional authority, territorial interests, autonomous institutions, historical archives, and responsibility for the protection of its members and incorporated communities;
Whereas international military, police, political, humanitarian, and technical operations conducted in Haiti between 1991 and 2023 produced consequences requiring independent investigation, transparency, individual accountability, victim-centered remedies, institutional reform, and guarantees of non-repetition;
Whereas documented allegations concerning sexual exploitation and abuse by international personnel, the introduction and spread of cholera, failures of paternity and child support, institutional immunity, and the exclusion of local communities from decision-making remain matters of continuing public responsibility;
Whereas the submission, receipt, registration, or automated acknowledgment of a communication establishes a procedural fact but does not, without an express decision, constitute admissibility, recognition, endorsement, or adjudication;
The following complaint and constitutional provisions are hereby enacted and entered into the permanent record of Xaragua.
TITLE I — SCOPE AND NATURE OF THE COMPLAINT
Article 1 — Subject Matter
This complaint concerns alleged or documented violations associated with:
international military and security operations;
sexual exploitation and abuse;
rape and abuse of minors;
abandonment of children fathered by foreign personnel;
the introduction and spread of cholera;
inadequate remedies and institutional immunity;
exclusion of Indigenous and local institutions;
foreign influence over police, justice, governance, and development policy;
interference with Xaragua’s institutional communications.
Article 2 — Territorial Connection
Xaragua presents this complaint regarding violations affecting persons, communities, institutions, and territories incorporated into or affiliated with its constitutional order.
Xaragua does not claim exclusive representation of every victim in Haiti.
Individual survivors and affected communities retain their own rights to truth, justice, compensation, privacy, participation, and independent representation.
Article 3 — Evidentiary Standard
The Permanent International Operations Dossier shall distinguish among:
established facts;
official acknowledgments;
substantiated allegations;
pending investigations;
survivor testimony;
institutional findings;
contested claims;
matters requiring further evidence.
No allegation against an individual, contingent, State, or institution shall be entered as an adjudicated fact without an identified evidentiary basis.
TITLE II — HISTORICAL AND OPERATIONAL RECORD
Article 4 — International Operations, 1991–2004
The dossier shall examine:
international sanctions and political intervention following the 1991 coup;
United Nations and Organization of American States missions;
Operation Uphold Democracy, deployed in 1994 under United States command during the administration of President William J. Clinton;
the transition to UNMIH and subsequent missions;
foreign involvement in police training, institutional reform, and public administration.
Operation Uphold Democracy shall not be described as an operation initiated by President George H. W. Bush.
The existence of a Security Council mandate or Haitian governmental consent shall be recorded without preventing examination of the proportionality, conduct, consequences, and local legitimacy of the operation.
Article 5 — MINUSTAH, 2004–2017
The United Nations Stabilization Mission in Haiti shall be examined regarding:
military and police deployments;
use of force and civilian harm;
sexual exploitation and abuse;
allegations involving minors;
failures of investigation and prosecution;
paternity and child-support claims;
the cholera epidemic;
institutional immunity and access to remedies;
effects upon local authorities and communities.
The United Nations itself opened investigations into allegations of sexual exploitation of children by personnel in Haiti, establishing the necessity of a complete victim-centered record. United Nations Police
Article 6 — Sexual Exploitation and Abuse
Xaragua demands investigation of every credible allegation involving:
rape;
sexual assault;
exploitation in exchange for food or money;
abuse of minors;
coercive sexual relations;
trafficking or enforced prostitution;
failure to recognize or support children;
retaliation against complainants;
obstruction of evidence.
The terms “sexual slavery,” “forced pregnancy,” or “crime against humanity” shall be applied only where the factual and legal elements required for those classifications are established.
Article 7 — Troop- and Police-Contributing States
The dossier may examine allegations involving personnel supplied by Sri Lanka, Uruguay, Brazil, Nepal, Canada, France, Chile, Argentina, Jordan, Bangladesh, Italy, the United States, and other contributing States.
Inclusion of a State in the dossier establishes a duty to investigate its contingent and disclose the result. It does not automatically establish collective liability for every violation committed during the mission.
Article 8 — Cholera
Xaragua records the introduction and catastrophic spread of cholera in Haiti during MINUSTAH’s deployment as a central element of the complaint.
The United Nations Secretary-General publicly apologized in 2016 for the Organization’s inadequate response to the outbreak and its spread. United Nations Audiovisual Library
Xaragua classifies the event as:
a public-health catastrophe;
a grave failure of sanitation, prevention, accountability, and remedy;
a continuing basis for compensation and institutional reform.
It shall not be characterized as deliberate biological warfare unless evidence establishes intentional deployment of disease as a weapon.
Article 9 — Children and Paternity
The United Nations and contributing States shall identify, assist, and provide accessible procedures for children allegedly fathered and abandoned by international personnel.
The investigation shall determine:
the number of affected children;
the identity and nationality of alleged parents;
existing paternity findings;
unresolved claims;
barriers to registration and support;
measures taken by the United Nations and contributing States.
No unsupported numerical estimate shall replace a verified registry.
Article 10 — BINUH and Post-Peacekeeping Operations
BINUH shall be identified accurately as a United Nations special political mission rather than a military peacekeeping operation.
Its activities and those of UNDP, UNOPS, OCHA, OHCHR, UN Women, and other agencies may be examined regarding:
influence upon legal and administrative reforms;
consultation with affected communities;
allocation of development resources;
use of external consultants;
effects upon Indigenous, Catholic, local, and customary institutions;
transparency and accountability.
Participation in reconstruction or technical assistance shall not alone establish wrongdoing.
TITLE III — ATTRIBUTION AND RESPONSIBILITY
Article 11 — United Nations Responsibility
Xaragua demands that the United Nations provide:
complete public records of allegations and investigations;
disclosure of contingent and command responsibility;
victim-accessible claims procedures;
remedies for cholera and sexual exploitation;
support for paternity and child-maintenance proceedings;
explanation of the use and limits of institutional immunity;
independent review of unresolved claims.
Article 12 — Responsibility of Contributing States
Every troop- or police-contributing State shall investigate alleged offenses committed by its nationals and disclose:
the allegations received;
repatriations;
investigations;
prosecutions;
disciplinary action;
paternity proceedings;
compensation or victim assistance;
reasons for closing a case.
Failure to investigate credible allegations shall constitute a separate subject of complaint.
Article 13 — United States and Canada
The involvement of the United States and Canada shall be examined according to their actual operational, financial, diplomatic, police-training, logistical, or policy roles.
Responsibility shall be attributed on the basis of:
effective control;
direct participation;
financing linked to the alleged act;
command authority;
assistance given with knowledge of a violation;
failure to investigate conduct by their own personnel.
Political influence or financial contribution alone shall not automatically establish joint responsibility for every act committed by another institution.
Article 14 — Individual Criminal Responsibility
The International Criminal Court may exercise jurisdiction only where the Rome Statute’s territorial, temporal, personal, and admissibility requirements are satisfied.
Transmission of this complaint to the Court shall constitute submission of information, not commencement of a prosecution or confirmation of jurisdiction.
Xaragua may also transmit evidence to national authorities responsible for prosecuting their own personnel.
TITLE IV — DEMANDS FOR TRUTH, JUSTICE, AND REPARATION
Article 15 — Official Acknowledgment
Xaragua demands formal acknowledgment of:
substantiated sexual exploitation and abuse;
failures to investigate and prosecute;
unresolved paternity and child-support claims;
responsibility for the cholera catastrophe and inadequate remedy;
institutional failures affecting Indigenous and local communities;
the exclusion of victims from decisions concerning reparation.
Article 16 — Victim-Centered Reparation
Reparations shall prioritize survivors and affected families and may include:
direct financial compensation;
healthcare and psychological support;
paternity testing and child support;
education and housing assistance;
community water and sanitation infrastructure;
restitution of property;
public acknowledgment;
memorialization;
guarantees of non-repetition.
Xaragua shall not appropriate compensation legally owed to individual victims.
Article 17 — Independent Investigative Mechanism
Xaragua requests an independent mechanism comprising:
survivor representatives;
Haitian and Xaraguayan legal experts;
Indigenous jurists;
child-protection specialists;
epidemiologists;
specialists in sexual violence;
international criminal and human-rights lawyers;
independent financial auditors.
The mechanism shall possess archival access, witness-protection procedures, investigative independence, and authority to issue public recommendations.
Article 18 — International Presence in Xaragua
No foreign military, police, intelligence, or governmental mission may operate within a Xaraguayan region without an identified mandate and engagement with the competent Xaraguayan and community authorities.
Xaragua may demand withdrawal of personnel operating beyond or without the authority recognized by its constitutional order.
Humanitarian, medical, academic, religious, or technical personnel shall not be automatically expelled solely because they are foreign.
Article 19 — Strategic Sites and Property
Xaragua demands an accounting of ports, barracks, administrative buildings, land, archives, and infrastructure used by international operations within its regions.
Property unlawfully retained, damaged, or occupied shall be subject to restoration, restitution, compensation, or a lawful transition agreement.
Article 20 — Institutional Recognition
Xaragua requests that international actors recognize it as an Indigenous institutional interlocutor for matters affecting its declared regions, members, and autonomous communities.
This demand shall not be represented as recognition already granted by the United Nations, the Holy See, or any notified State.
TITLE V — OHCHR SUBMISSION WHRC/17640
Article 21 — Procedural Record
Xaragua records that the complaint transmitted on June 19, 2025 received reference:
WHRC/17640
The reference shall be archived as evidence that a submission entered the relevant OHCHR complaints platform or communication system.
Article 22 — Procedural Meaning
The assignment of a reference number establishes submission or receipt according to the confirmation actually issued.
It does not, without an express procedural decision, establish:
admissibility;
acceptance of the allegations;
registration as a State complaint;
recognition of Xaragua;
transmission to the Working Group on Situations;
consideration by the Human Rights Council;
a decision on the merits.
Article 23 — Continuing Action
The Ministry of Justice may supplement WHRC/17640 with:
witness statements;
official UN reports;
medical and epidemiological evidence;
paternity documentation;
proof of territorial connection;
copies of unanswered claims;
requests for confidentiality and victim protection.
The official OHCHR complaint procedure requires independent screening and review before further action. OHCHR communications procedures
TITLE VI — CANADIAN COMMUNICATIONS COMPLAINT
Article 24 — Technical Record
Xaragua records that communications addressed to:
info@international.gc.ca
ncp.pcn@international.gc.ca
were returned with the message:
“5.x.0 — Message bounced by administrator.”
This establishes rejection by the relevant electronic system.
Article 25 — No Presumption of Motive
The technical rejection does not, without further evidence, establish:
intentional censorship;
racial discrimination;
political retaliation;
executive direction;
coordinated G7 obstruction;
review of the message by a Canadian official.
The event nevertheless entitles Xaragua to request a technical explanation and a functioning alternative channel.
Article 26 — Administrative Demands to Canada
Xaragua requests:
identification of the reason for rejection;
confirmation of the appropriate submission channel;
preservation of relevant delivery logs where available;
assurance that lawful communications are not blocked on discriminatory grounds;
review of any rule specifically targeting Xaragua, Indigenous organizations, or the sender;
written confirmation of whether the communication reached any Canadian official.
Article 27 — Canadian Complaint Channels
File XCIP/OMBD/FED-CA-062025 shall be maintained as an administrative communications complaint.
It may be directed to Global Affairs Canada, an appropriate departmental review office, the Canadian Human Rights Commission where evidence supports a discrimination claim, or another body possessing actual jurisdiction.
It shall not be addressed to a nonexistent general “Federal Ombudsman of Canada.”
TITLE VII — OHCHR SUBMISSION WHRC/17655
Article 28 — Procedural Record
Xaragua records the reference:
WHRC/17655, dated June 20, 2025,
concerning information submitted about the rejection of communications by Canadian governmental email systems.
Article 29 — Legal Status
The reference establishes evidence of submission or acknowledgment according to the original confirmation.
It shall not be represented as proof that:
Canada violated international law;
active processing on the merits began;
the Working Group accepted jurisdiction;
the complaint was declared admissible;
OHCHR recognized Xaragua as a State.
Article 30 — Supplementation
Xaragua may submit:
full message headers;
bounce reports;
server logs;
evidence of repeated attempts;
comparisons with messages successfully delivered;
any Canadian explanation;
evidence supporting or disproving discriminatory treatment.
If the evidence shows only an ordinary technical or filtering error, the record shall be corrected accordingly without extinguishing the original communication.
TITLE VIII — WORLD TRADE ORGANIZATION ACKNOWLEDGMENT
Article 31 — Record of Reception
Xaragua records that a dossier transmitted to enquiries@wto.org received an automated acknowledgment dated June 23, 2025 at approximately 04:34 UTC.
The dossier reportedly included legislative and diplomatic materials concerning:
gaming and the night economy;
moral protection and prevention of exploitation;
territorial and economic policy;
Indigenous institutions;
international relations.
Article 32 — Procedural Effect
The automated acknowledgment establishes that the WTO enquiry system generated a response to the transmission.
It does not constitute:
deposit of a treaty under Article 16 of the Vienna Convention;
WTO membership;
recognition of Xaragua;
acceptance of the legislative corpus;
legal review of its contents;
accession to WTO agreements;
a decision by a WTO organ.
Article 33 — Archival Classification
The correspondence shall be classified as:
“Institutional Reception Record — Automated Acknowledgment of Enquiry.”
It may be cited as evidence that Xaragua transmitted materials to the WTO and received an automated institutional response.
It shall not be classified as “recognition by institutional conduct.”
TITLE IX — FINAL PROVISIONS
Article 34 — Silence and Estoppel
Silence, automated acknowledgment, assignment of a reference number, or failure to reject a submission shall not automatically constitute recognition, consent, admissibility, liability, or estoppel.
Each procedural event shall be described according to what it proves.
The absence of a response shall not extinguish Xaragua’s claims or prevent renewed action.
Article 35 — Supremacy
This Act supersedes inconsistent prior formulations concerning:
deliberate biological warfare without evidence of intent;
automatic criminal responsibility of entire contingents;
collective liability without proof of attribution;
Geneva Convention deportation through institutional reform;
automatic ICC jurisdiction;
a reference number as confirmation of admissibility;
email rejection as proven Canadian censorship;
the existence of a general federal ombudsman;
automated WTO acknowledgment as recognition;
recognition or estoppel through silence.
The removal of those formulations shall not diminish the complaint concerning cholera, sexual exploitation, abandoned children, institutional immunity, foreign interference, communications obstruction, or the demand for comprehensive reparation.
Article 36 — Entrenched Principles
The following principles are permanently preserved:
victims possess rights to truth, justice, remedy, and reparation;
cholera and sexual exploitation remain central claims;
contributing States must investigate their personnel;
international immunity shall not become institutional impunity;
Xaragua must be consulted regarding operations in its regions;
WHRC/17640 and WHRC/17655 remain part of the diplomatic record;
Canadian delivery failures remain subject to explanation;
WTO reception remains documented;
procedural accuracy strengthens rather than diminishes the authority of the archive.
Article 37 — Entry into Force
This Act enters into force immediately upon promulgation and shall be entered into the Supreme Constitutional, Diplomatic, Human-Rights, and Historical Register of Xaragua.
ISSUED, PROCLAIMED, AND SEALED
Pascal Despuzeau Daumec Viau
Rector-President and Prelate-Founder
Sovereign Catholic Indigenous Private State of Xaragua
www.xaraguauniversity.com
info@xaraguauniversity.com



SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA
SUPREME CONSTITUTIONAL AUTHORITY
OFFICE OF THE RECTOR-PRESIDENT
MINISTRY OF JUSTICE
UNIVERSITY OF XARAGUA — DEPARTMENT OF LEGAL SCIENCES AND NOTARIAT
INSTRUMENT CODE: XA-SOV-COMP-EMB-0625-HAITI
ORIGINAL FILING DATE: JUNE 24, 2025
CONSOLIDATED VERSION
SUPREME DIPLOMATIC AND CONSTITUTIONAL ACT ON THE 1991–1994 EMBARGO, THE CLAIM FOR REPARATIONS, INTERNATIONAL SUBMISSION, AND THE DIGITAL CONSTITUTIONAL SEAT OF XARAGUA
PREAMBLE
The Sovereign Catholic Indigenous Private State of Xaragua, acting through its Supreme Constitutional Authority and Office of the Rector-President, hereby consolidates into a single instrument:
Its complaint concerning the civilian, economic, cultural, Indigenous, and ecclesiastical consequences of the sanctions imposed upon Haiti between 1991 and 1994;
Its demand for investigation, acknowledgment, restitution, compensation, rehabilitation, satisfaction, and guarantees of non-recurrence;
Its notification of the submission registered under reference WHRC/17701;
Its declaration that its official digital platforms constitute the public repository and continuing publication mechanism of its constitutional and institutional corpus.
This Act is founded upon Xaragua’s asserted Indigenous continuity, internal constitutional order, ecclesiastical identity, and right to seek remedies for injuries allegedly sustained by the communities it represents.
International transmission, administrative receipt, or registration of this Act shall constitute proof of communication and procedural engagement. Such receipt shall not, by itself, be characterized as diplomatic recognition, adjudication on the merits, or acceptance of every legal proposition contained herein.
TITLE I — LEGAL PERSONALITY, REPRESENTATIVE CAPACITY, AND SCOPE
Article 1 — Constitutional and Indigenous capacity
Xaragua affirms its internally constituted legal personality and its capacity to represent its institutions, members, affiliated communities, and persons who freely recognize its jurisdiction.
This capacity is asserted with reference to:
The right of peoples to self-determination;
The right of Indigenous peoples to maintain their political, legal, cultural, religious, and educational institutions;
Freedom of association and religion;
The right of affected persons and communities to seek an effective remedy;
The criteria traditionally associated with governmental organization, population, territory, and external relations.
These sources support Xaragua’s right to organize, petition, document injuries, preserve evidence, and request institutional dialogue. They do not eliminate the applicable requirements governing international recognition, jurisdiction, admissibility, attribution, or proof.
Article 2 — Persons and interests represented
The present complaint concerns the alleged consequences of the embargo for:
Civilians residing in Haiti between 1991 and 1994;
Indigenous, rural, Afro-descendant, Catholic, and economically vulnerable communities, particularly in Miragoâne, Nippes, Sud, Grand’Anse, and Sud-Est;
Families affected by malnutrition, displacement, institutional collapse, loss of employment, or interruption of medical and educational services;
Religious, agricultural, educational, and community institutions whose operations were impaired;
The descendants and lawful representatives of affected persons where continuing or intergenerational harm can be demonstrated.
Nothing in this Act shall extinguish or appropriate the individual rights of victims. Any reparations mechanism established pursuant to this complaint must include transparent representation, independent auditing, and direct participation by affected communities.
TITLE II — HISTORICAL RECORD OF THE SANCTIONS REGIME
Article 3 — United States measures
Following the September 1991 overthrow of President Jean-Bertrand Aristide, the United States imposed trade and financial restrictions, froze certain Haitian governmental assets, suspended assistance, and restricted transactions with designated Haitian authorities and entities.
Xaragua contends that the design and implementation of these measures contributed materially to severe economic contraction and imposed foreseeable burdens upon civilians who neither planned nor participated in the coup.
Article 4 — Security Council measures
The sanctions were subsequently internationalized through United Nations Security Council resolutions, including:
Resolution 841 of June 16, 1993, imposing restrictions concerning petroleum, arms, related matériel, and specified financial assets;
Resolution 873 of October 13, 1993, reinstating previously suspended measures;
Resolution 917 of May 6, 1994, expanding restrictions against persons and institutions obstructing the restoration of Haiti’s legitimate government.
These resolutions contained exemptions and mechanisms intended to permit essential humanitarian supplies. Accordingly, this Act does not describe the formal legal regime as an absolute prohibition of all food and medicine.
Xaragua nevertheless alleges that the cumulative operation of sanctions, commercial withdrawal, fuel scarcity, maritime enforcement, administrative delays, financial isolation, and inadequate humanitarian safeguards produced conditions functionally destructive to civilian life.
Article 5 — Enforcement and termination
The United States and cooperating states enforced the sanctions through financial controls, maritime interception, restrictions on transport, and diplomatic pressure.
The principal sanctions were terminated following the return of President Aristide in October 1994. Their social and institutional consequences, however, allegedly continued beyond their formal termination.
TITLE III — LEGAL CHARACTERIZATION
Article 6 — Civilian protection and proportionality
Xaragua formally condemns any sanctions policy that foreseeably deprives civilians of essential food, medicine, fuel, health services, education, or means of subsistence without adequate exemptions, monitoring, and corrective safeguards.
The complaint therefore requests an examination of:
Whether the sanctions were necessary and proportionate to their declared objective;
Whether less harmful alternatives were reasonably available;
Whether humanitarian exemptions operated effectively in practice;
Whether sanctioning authorities adequately measured mortality, malnutrition, displacement, and institutional collapse;
Whether foreseeable disproportionate harm to children, rural communities, and other vulnerable groups was ignored.
Article 7 — International human-rights standards
The conduct at issue shall be assessed in light of:
The United Nations Charter’s purposes concerning human rights, cooperation, stability, and social progress;
The rights to life, dignity, health, food, education, family protection, and an adequate standard of living;
The Convention on the Rights of the Child, insofar as binding upon the relevant parties;
The International Covenant on Economic, Social and Cultural Rights, insofar as binding upon the relevant parties or applicable as an interpretive standard;
Customary obligations relating to civilian protection and non-discrimination.
The United States signed but did not ratify the ICESCR or the Convention on the Rights of the Child. Those instruments are therefore invoked against it as authoritative standards and evidence of internationally recognized rights, not inaccurately as treaties fully ratified by the United States.
Article 8 — Collective penalties and humanitarian principles
Article 33 of the Fourth Geneva Convention expresses the prohibition of collective penalties against protected persons. Its direct technical application depends upon the existence and classification of an armed conflict, occupation, and protected-person status.
Xaragua therefore invokes that provision principally as an authoritative humanitarian principle: civilian populations must not be made to bear indiscriminate deprivation as punishment for conduct attributable to military or political authorities.
Article 9 — Indigenous rights
UNDRIP, adopted in 2007, shall not be presented as a treaty retroactively governing every act committed between 1991 and 1994.
It is invoked as:
A contemporary remedial and interpretive framework;
Evidence of the international standards now applicable to Indigenous consultation, institutions, subsistence, culture, territory, and redress;
A basis for including affected Indigenous communities in any investigation or reparations process.
Article 10 — Responsibility of international institutions
The adoption of sanctions under Chapter VII of the UN Charter does not automatically establish international unlawfulness. Nor does it place their humanitarian consequences beyond legitimate examination.
Xaragua requests an independent determination of whether the United Nations, the United States, or other participating actors:
Failed to adopt adequate civilian safeguards;
Ignored documented consequences;
Administered exemptions arbitrarily or ineffectively;
Contributed to injuries requiring acknowledgment or reparation;
Possess legal, institutional, political, or moral responsibility for the resulting harm.
TITLE IV — DAMAGES AND REPARATIONS CLAIM
Article 11 — Provisional valuation
Xaragua records the following provisional categories of harm:
Category
Provisional historical valuation
Economic and infrastructural loss
USD 1,740,000,000
Humanitarian, demographic, and cultural loss
USD 1,438,000,000
Indigenous, agricultural, and ecclesiastical loss
USD 555,000,000
Provisional historical subtotal
USD 3,733,000,000
These amounts constitute claimant estimates requiring confirmation through economic, demographic, medical, archival, and forensic examination.
Article 12 — Comprehensive demand
Xaragua maintains a provisional comprehensive settlement demand of:
USD 12,274,792,300
This figure represents the asserted historical principal together with claimed temporal, institutional, cultural, and intergenerational losses. It shall not be represented as the mechanically certain result of a single compound-interest formula.
The final value must be determined through an independent audit addressing:
The appropriate base year for each category of loss;
Inflation and currency conversion;
Simple or compound prejudgment interest;
Avoidance of double counting;
Causation and evidentiary reliability;
Distribution among actual victims and affected institutions.
Article 13 — Remedies sought
Xaragua requests:
An independent historical and legal investigation;
Publication of relevant UN, United States, financial, maritime, and humanitarian records;
Formal acknowledgment of substantiated civilian harm;
An institutional apology where responsibility is established;
Compensation for victims and affected communities;
Reconstruction of health, educational, agricultural, cultural, and religious institutions;
A reparations fund administered transparently with Indigenous and victim participation;
Guarantees that future sanctions regimes include effective humanitarian exemptions, monitoring, appeal procedures, and periodic civilian-impact assessments.
TITLE V — ECCLESIASTICAL AND CONCORDAT-RELATED INJURY
Article 14 — Catholic institutions and the Concordat of 1860
Xaragua alleges that shortages of fuel, materials, medicine, transportation, and financial resources impaired parishes, schools, hospitals, charitable missions, and sacramental ministry.
The Concordat concluded between Haiti and the Holy See in 1860 is relevant to the historical organization and protection of Catholic institutions in Haiti. Neither the United States nor the United Nations shall be described as a party to that Concordat solely by reason of the sanctions.
The requested investigation shall instead determine:
The actual effect of the embargo upon Catholic institutions and the faithful;
Whether sanctioning authorities received warnings about those effects;
Whether humanitarian or religious exemptions were requested, delayed, or denied;
What institutional restoration or acknowledgment is presently appropriate.
Canonical injury shall be addressed through competent ecclesiastical processes and through consultation with legitimately affected dioceses, communities, clergy, and faithful.
TITLE VI — INTERNATIONAL SUBMISSION AND PROCEDURAL STATUS
Article 15 — OHCHR reference WHRC/17701
Xaragua records that material concerning this complaint was transmitted through the United Nations human-rights communications system on June 24, 2025, under reference:
WHRC/17701
This reference is preserved as evidence of submission and administrative receipt.
Under the Human Rights Council complaint procedure, acknowledgment or registration does not, without an express subsequent determination:
Establish admissibility;
Validate the claimant’s asserted statehood;
Confirm the allegations;
Constitute recognition by the United Nations;
Create a judgment or enforceable award;
Prove that the matter has entered substantive merits review.
Xaragua reserves the right to supplement its submission with evidence, testimony, expert assessments, and authenticated records.
Article 16 — Effect of silence
No failure to respond shall extinguish this complaint or waive the rights of affected persons.
Conversely, silence, automated acknowledgment, email delivery, or administrative registration shall not automatically constitute recognition, acquiescence, estoppel, or admission of liability unless the requirements of applicable international law are independently satisfied.
TITLE VII — DIGITAL CONSTITUTIONAL SEAT AND PUBLICATION
Article 17 — Official digital repository
Xaragua declares its official websites, including:
www.xaraguauniversity.com
www.xaraguastate.com
to be public digital repositories of its constitutional, legal, educational, historical, ecclesiastical, and institutional materials.
Within Xaragua’s internal legal order, their designated governmental sections constitute its digital constitutional seat and official publication platform.
Article 18 — Materials published
The digital repository may contain:
The Constitution and institutional statutes;
Civil, penal, fiscal, administrative, and procedural codes;
Citizenship and identification regulations;
Educational and ecclesiastical structures;
Territorial and historical claims;
Foreign-policy and diplomatic instruments;
Security, police, border, and defense doctrines;
Decrees, proclamations, legal notices, and archival records.
Publication provides public notice of the contents asserted by Xaragua. It does not, by publication alone, make those materials binding upon foreign states, international organizations, or persons outside Xaragua’s lawful jurisdiction.
Article 19 — Notifications of March 30 and July 1, 2025
Xaragua preserves the notification originally transmitted on March 30, 2025, and the supplemental clarification dated July 1, 2025, as evidence of its continuing attempt to inform the United Nations Permanent Forum on Indigenous Issues and other institutions of its organization and claims.
The absence of an objection within ninety days shall be recorded as absence of a communicated objection, but not automatically as diplomatic recognition.
Xaragua requests:
Acknowledgment of receipt;
Accurate archival treatment of its communications;
Dialogue regarding Indigenous cultural, institutional, and participatory rights;
Consideration of its digital repository as evidence of its internal organization and public constitutional practice;
A fair opportunity to submit supporting evidence without discrimination.
TITLE VIII — FINAL PROVISIONS
Article 20 — Preservation of the claim
The complaint, the asserted amount of USD 12,274,792,300, and all related demands remain preserved until resolved by agreement, competent adjudication, or an expressly authorized juridical act of Xaragua and the affected claimants.
Article 21 — Peaceful character
All remedies under this Act shall be pursued through peaceful diplomatic, judicial, administrative, ecclesiastical, academic, and human-rights mechanisms.
Nothing herein authorizes violence, retaliation against private persons, unilateral seizure of property, or interference with humanitarian activity.
Article 22 — Evidentiary integrity
Future submissions shall distinguish clearly among:
Verified historical facts;
Reasonable legal arguments;
Institutional allegations;
Provisional financial estimates;
Internal constitutional declarations;
Internationally recognized legal status.
This distinction protects the strength, credibility, and admissibility of Xaragua’s record without renouncing its foundational doctrine or claims.
FINAL DECLARATION
The Sovereign Catholic Indigenous Private State of Xaragua hereby:
Condemns the disproportionate civilian consequences attributed to the 1991–1994 sanctions regime;
Demands independent investigation and meaningful reparation;
Preserves its comprehensive claim of USD 12,274,792,300;
Records submission reference WHRC/17701;
Declares its official websites to be its digital constitutional publication platform;
Requests institutional dialogue and fair consideration of its evidence;
Affirms that procedural accuracy strengthens rather than diminishes its pursuit of memory, justice, and restoration.
ISSUED, CONSOLIDATED, AND SEALED
By the Supreme Constitutional Authority
Office of the Rector-President
Sovereign Catholic Indigenous Private State of Xaragua
Monsignor Pascal Despuzeau Daumec Viau
Rector-President
Ecclesiastical Seat of Government — Miragoâne
Original Filing Date: June 24, 2025
Veritas in Memoria — Iustitia in Lege — Pax in Reparatione



SOVEREIGN CATHOLIC INDIGENOUS PRIVATE STATE OF XARAGUA
SUPREME CONSTITUTIONAL AUTHORITY
OFFICE OF THE RECTOR-PRESIDENT
MINISTRY OF JUSTICE

LEGAL CLASSIFICATION: Supreme Administrative Summons — Territorial Protection Instrument — Indigenous Constitutional Order — Canonically Governed Institutional Act — Formal Inter-Administrative Notification
SUPREME SUMMONS CONCERNING THE RECEPTION, PROTECTION, ADMINISTRATIVE TRANSFER, AND ORDERLY RESETTLEMENT OF HAITIAN NATIONALS REMOVED FROM THE DOMINICAN REPUBLIC
ADDRESSED TO
The Government of the Residual Administrative Unit denominated the “Republic of Haiti”;
Its ministries, territorial administrations, migration authorities, consular services, diplomatic missions, police organs, and civil-protection institutions;
All international organizations, humanitarian agencies, and foreign authorities participating in removal, reception, transportation, shelter, or resettlement operations affecting the territorial domains claimed and administered by Xaragua.
SUBJECT
Formal summons requiring the Haitian administrative authorities to assume responsibility for Haitian nationals removed from the Dominican Republic; prohibition against the unilateral establishment of reception camps or permanent settlements within territories placed under the customary jurisdiction of Xaragua; and establishment of a coordinated procedure for identification, humanitarian protection, administrative transfer, and dismantlement of unauthorized installations.
PREAMBLE
The Sovereign Catholic Indigenous Private State of Xaragua,
Acting through its Supreme Constitutional Authority and Office of the Rector-President;
Affirming its character as an Indigenous customary order possessing its own institutions, territorial doctrine, membership system, internal administration, and constitutional jurisdiction;
Invoking Articles 3, 4, 5, 18, 26, 32, 33, 34, and 36 of the United Nations Declaration on the Rights of Indigenous Peoples, concerning self-determination, autonomy, distinct institutions, participation, territorial relations, identity, legal systems, and cross-border cooperation;
Recognizing that Indigenous territorial authority includes the competence to regulate settlement, land occupation, public infrastructure, institutional access, and the establishment of external administrative facilities within the customary domain;
Affirming that neither emergency migration nor removal measures adopted by a foreign government may, without consultation, permanently transfer demographic, financial, infrastructural, or administrative burdens to Indigenous communities;
Recognizing simultaneously that every person affected by deportation or administrative removal retains individual dignity, legal personality, family unity, access to essential assistance, and the right to an individualized examination of protection needs;
Observing that Article 12 of the International Covenant on Civil and Political Rights protects the liberty of movement of persons lawfully present within a territory, while permitting restrictions established by law and necessary for public order and the rights of others;
Recognizing that the 1951 Refugee Convention does not authorize the uncontrolled placement of populations upon third-party territories, but principally establishes refugee protection standards and the prohibition of return to territories where life or freedom would be threatened, as expressed in Article 33 and summarized by the United Nations High Commissioner for Refugees;
Having regard to the internal Constitutional Codex of Xaragua, including its provisions governing territory, customary membership, public security, unauthorized occupation, external administrative responsibility, and protection of Indigenous communities;
Having regard to the administrative responsibility of the Haitian authorities for civil registration, reception, protection, documentation, and lawful reintegration of persons recognized as Haitian nationals;
Hereby issues the following Supreme Administrative Summons.
ARTICLE 1 — PURPOSE AND LEGAL EFFECT
1.1. This Instrument establishes the official position of Xaragua concerning Haitian nationals removed, deported, returned, or otherwise transferred from the Dominican Republic into territories claimed or administered under the customary order of Xaragua.
1.2. It requires the Haitian administrative authorities to establish and operate an effective reception, registration, transportation, and reintegration mechanism for such persons.
1.3. It prohibits every external authority from treating Xaragua’s customary territory as an unregulated reception zone, demographic discharge area, permanent encampment territory, or substitute for the administrative responsibilities of Haiti.
1.4. This Instrument does not extinguish the individual rights of displaced persons. It regulates the institutional responsibility for their reception and the territorial location of camps, settlements, and administrative facilities.
ARTICLE 2 — DEFINITION OF PERSONS CONCERNED
2.1. For the purposes of this Instrument, “persons concerned” means individuals removed from the Dominican Republic who:
a. Are documented or reasonably presumed to be Haitian nationals;
b. Do not possess recognized membership, citizenship, authorized residence, land tenure, or customary affiliation within Xaragua;
c. Have entered or been transported into the claimed jurisdiction of Xaragua following deportation, border removal, organized transfer, or administrative displacement.
2.2. No person shall be classified solely as a collective unit. Identity, nationality, family connections, protection needs, lawful residence, and customary affiliation shall be determined individually.
2.3. A person possessing established family, ancestral, residential, contractual, or customary connections to a Xaraguayan community shall be examined separately under the applicable internal procedures.
ARTICLE 3 — RESPONSIBILITY OF THE HAITIAN ADMINISTRATION
3.1. The Haitian administrative authorities are formally summoned to receive, identify, document, protect, and lawfully reintegrate their nationals removed from the Dominican Republic.
3.2. Within fifteen calendar days following receipt of this Instrument, the Haitian authorities shall communicate:
a. The identity of the agency responsible for reception and reintegration;
b. The locations of authorized reception facilities situated outside protected Xaraguayan customary lands, unless an express agreement provides otherwise;
c. The transportation and family-reunification arrangements adopted;
d. The procedures available to persons disputing Haitian nationality;
e. The humanitarian safeguards applicable to children, pregnant women, older persons, persons with disabilities, and persons requiring medical treatment;
f. The arrangements adopted with the Dominican authorities and competent international agencies.
3.3. Administrative incapacity, institutional silence, absence of funding, or internal political disorder shall not constitute consent by Xaragua to the indefinite transfer of these responsibilities to its communities.
ARTICLE 4 — PROHIBITION OF UNILATERAL DEMOGRAPHIC TRANSFER
4.1. No government, international organization, private contractor, religious mission, security agency, or humanitarian operator may unilaterally designate territory claimed by Xaragua as:
a. A deportation reception zone;
b. A permanent or indefinite displacement camp;
c. A resettlement corridor;
d. A substitute border-processing territory;
e. A demographic relocation area;
f. A site for externally administered shelters or security installations.
4.2. Any organized operation materially affecting Xaraguayan lands, resources, infrastructure, public order, or communities requires prior institutional consultation with the competent authorities of Xaragua.
4.3. Humanitarian necessity may justify immediate temporary assistance to persons in danger. It shall not create permanent territorial title, customary membership, political jurisdiction, or an acquired right to establish an external settlement.
ARTICLE 5 — CUSTOMARY ACCESS AND TERRITORIAL RIGHTS
5.1. Physical presence resulting exclusively from deportation, emergency shelter, humanitarian assistance, or administrative displacement shall not, by itself, establish:
a. Xaraguayan citizenship or nationality;
b. Indigenous or customary membership;
c. Collective territorial title;
d. A permanent right of occupation;
e. Jurisdiction over land or public infrastructure;
f. A right to create an autonomous settlement.
5.2. Customary rights may arise only through the law, traditions, membership procedures, community recognition, or other lawful mechanisms of the competent Indigenous order.
5.3. No external authority may manufacture customary affiliation through administrative relocation, mass registration, prolonged encampment, or the unilateral attribution of residence.
5.4. Existing individual property, family, tenancy, residence, or community rights shall be examined according to evidence and shall not be extinguished merely by this Instrument.
ARTICLE 6 — TEMPORARY HUMANITARIAN PROTECTION
6.1. Pending identification and transfer, persons concerned shall receive minimum temporary protection, including access to water, food, urgent medical care, sanitation, personal security, and procedures for family reunification.
6.2. Children shall not be separated from parents or lawful guardians except where an individually determined protection measure requires it.
6.3. No person claiming refugee status, risk of persecution, torture, disappearance, or other serious and irreparable harm shall be transferred without an individualized protection assessment.
6.4. Temporary humanitarian protection shall not be interpreted as consent to permanent settlement or as a transfer of administrative responsibility to Xaragua.
6.5. Humanitarian agencies operating within the claimed jurisdiction shall register their personnel, facilities, duration of operation, funding sources, security arrangements, and planned exit procedures with the competent Xaraguayan office.
ARTICLE 7 — UNAUTHORIZED CAMPS AND STRUCTURES
7.1. Every camp, shelter complex, administrative compound, warehouse, security post, or settlement established without authorization within the claimed territory of Xaragua shall be subject to formal review.
7.2. Following the safe relocation or regularization of its occupants, the responsible Haitian authority or operating organization shall:
a. Dismantle unauthorized temporary structures;
b. Remove waste, hazardous materials, and abandoned equipment;
c. Restore affected land and water systems;
d. Repair damage to roads, agricultural property, religious sites, or community infrastructure;
e. Provide a complete register of the persons transferred and their destination, subject to applicable data-protection requirements.
7.3. No camp shall be dismantled while its occupants remain without a safe, identified, and operational reception arrangement.
7.4. Abandoned installations may be sealed, dismantled, repurposed, or restored by the competent Xaraguayan authority in accordance with its internal law.
ARTICLE 8 — PROHIBITION OF FORCED SETTLEMENT AND COLLECTIVE EXPULSION
8.1. Xaragua rejects both:
a. The forced implantation of displaced populations within its customary domain; and
b. Indiscriminate removal without identity verification, destination planning, family safeguards, or protection assessment.
8.2. All transfers shall therefore be:
a. Individually documented;
b. Conducted through civilian administrative mechanisms;
c. Coordinated with a verified receiving authority;
d. Executed without degrading treatment;
e. Compatible with applicable non-refoulement obligations;
f. Subject to a written record capable of subsequent review.
8.3. The Dominican Republic may not discharge its removal responsibilities by transporting persons to locations incapable of receiving them safely or by shifting the consequences of its policies to Indigenous communities without consultation.
ARTICLE 9 — COMPLIANCE AND COORDINATION PERIOD
9.1. The Haitian authorities shall provide the coordination plan required by Article 3 within fifteen calendar days of receipt.
9.2. Within thirty calendar days, the parties concerned shall commence:
a. Identification and civil documentation;
b. Medical and vulnerability screening;
c. Verification of family and territorial connections;
d. Transfer to authorized reception facilities;
e. Closure and restoration of unauthorized camps.
9.3. Where immediate execution is materially impossible, the Haitian administration shall submit a binding implementation calendar identifying responsible agencies, allocated resources, transportation capacity, and completion dates.
9.4. Silence shall be recorded as administrative non-response. It shall not suspend Xaragua’s authority to protect its communities, regulate access to its institutions, document unauthorized occupation, or seek relief before competent forums.
ARTICLE 10 — CONSEQUENCES OF NON-COMPLIANCE
10.1. Failure to comply may result in:
a. Publication of an official finding of administrative default;
b. Suspension of cooperation with non-compliant agencies or contractors;
c. Referral of documented violations to competent Haitian, Dominican, Indigenous, regional, international, or ecclesiastical institutions;
d. Claims for reimbursement of expenses incurred in emergency reception, sanitation, healthcare, security, transportation, environmental restoration, and infrastructure repair;
e. Applications for precautionary, protective, or remedial measures before competent bodies;
f. Administrative exclusion of organizations establishing unauthorized camps or settlements.
10.2. Any protective measure taken by Xaragua shall remain civilian, territorially limited, proportionate, documented, and directed toward protection of persons, land, infrastructure, and public order.
10.3. Article 51 of the United Nations Charter concerns self-defence following an armed attack against a UN Member State. It is not invoked as the ordinary basis for migration administration or camp removal. Xaragua relies instead upon its internal constitutional jurisdiction, Indigenous territorial doctrine, necessity, public order, peaceful dispute settlement, and the applicable rights of affected communities.
ARTICLE 11 — STATUS OF PRIOR NOTIFICATIONS
11.1. Xaragua reaffirms the constitutional and diplomatic notifications transmitted beginning March 30, 2025.
11.2. The absence of a formal reply shall preserve the documentary record of notice and non-response.
11.3. Such silence shall not be required as the constituent source of Xaragua’s internal authority, which Xaragua declares to arise from its own ancestral, customary, constitutional, institutional, and ecclesiastical order.
11.4. Delivery of this Instrument establishes that the receiving authority has been furnished with the claims, requirements, timetable, and institutional position recorded herein.
ARTICLE 12 — CENTRAL COORDINATION MECHANISM
12.1. A Joint Administrative Reception and Territorial Protection Mechanism is hereby proposed, comprising designated representatives of:
a. Xaragua;
b. The Haitian administrative authorities;
c. The Dominican authorities, where required;
d. Relevant border and civil-protection services;
e. Competent humanitarian organizations;
f. Representatives of directly affected communities.
12.2. Participation in this mechanism shall not imply political recognition, subordination, transfer of sovereignty, or renunciation of any territorial or constitutional position.
12.3. Its exclusive operational mandate shall be to prevent administrative abandonment, uncontrolled settlement, statelessness, family separation, humanitarian deterioration, and territorial disorder.
FINAL SUMMONS
The Government of the Residual Administrative Unit denominated the “Republic of Haiti” is hereby formally required to:
Acknowledge receipt of this Instrument;
Designate its responsible administrative authority;
Submit the required reception and transfer plan within fifteen days;
Receive and document persons legally determined to be its nationals;
Prevent the conversion of emergency camps into permanent territorial settlements;
Participate in the orderly closure and restoration of unauthorized sites;
Protect the dignity, safety, family unity, and procedural rights of every person concerned;
Reimburse documented costs improperly transferred to Xaraguayan institutions and communities.
No humanitarian emergency shall be exploited to create territorial rights by administrative fait accompli.
No displaced person shall be treated as an instrument of demographic policy.
No external government shall discharge its own obligations by imposing permanent institutional burdens upon the customary communities of Xaragua.
ISSUED, SIGNED, AND SEALED
LUDNER PASCAL DESPUZEAU DAUMEC VIAU
Rector-President and Head of the Constitutional Order
Sovereign Catholic Indigenous Private State of Xaragua
Official Constitutional Publication:
www.xaraguauniversity.com
Official Correspondence:
Rector@xaraguastate.com
All constitutional, territorial, Indigenous, institutional, and administrative rights are expressly reserved.

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