SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA
OFFICE OF THE RECTOR-PRESIDENT
SUPREME CONSTITUTIONAL AUTHORITY
UNIVERSITY OF XARAGUA
GENERAL ARCHIVES OF THE STATE
SUPREME ORGANIC CONSTITUTIONAL LAW ON THE UNIVERSITY OF XARAGUA
ON THE CONSTITUTIONAL ESTABLISHMENT, INDIGENOUS AND CANONICAL FOUNDATION, PUBLIC ACADEMIC JURISDICTION, INSTITUTIONAL ACCREDITATION, EDUCATIONAL SYSTEM, ACADEMIC HIERARCHY, FORMATION OF THE GOVERNING ELITE, PROTECTION OF THE UNIVERSITY MODEL, AND OFFICIAL CLASSIFICATION OF THE UNIVERSITY COAT OF ARMS
Official Reference: SCIPS
Original Constitutional Foundation: 28 April 2025
National Educational Charter: 22 June 2025
Organic Consolidation and Promulgation: 29 June 2025
Issuing Authority: Office of the Rector-President
Competent Academic Authority: University of Xaragua
Archival Authority: General Archives of the State
Legal Classification: Supreme Organic Constitutional Law — Indigenous Educational Institution Act — Catholic Educational Association Instrument — Public Academic Accreditation Statute — National Formation Law — Institutional Continuity Act — Protected Intellectual and Academic Order
PREAMBLE
In the name of God Almighty;
Under the supreme constitutional authority vested in the Rector-President of the Sovereign Catholic Indigenous and Private State of Xaragua;
In execution of the inherent, permanent and inalienable right of the Indigenous People of Xaragua to self-determination, institutional continuity, cultural transmission, autonomous education and the establishment and control of its own political, juridical, cultural, religious and academic institutions;
Considering that education constitutes an essential function of Indigenous self-government and an indispensable instrument for the preservation, organization and transmission of the constitutional, historical, juridical, theological and intellectual order of Xaragua;
Considering that Article 3 of the United Nations Declaration on the Rights of Indigenous Peoples recognizes the right of Indigenous peoples to self-determination;
Considering that Article 4 recognizes their right to autonomy and self-government in matters relating to their internal and local affairs;
Considering that Article 5 recognizes their right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions;
Considering that Article 14 expressly recognizes their right to establish and control educational systems and institutions providing education according to their own methods of teaching and learning;
Considering that Articles 18 and 19 recognize the institutional participation of Indigenous peoples through authorities and procedures determined by them;
Considering that Article 20 recognizes their right to maintain and develop their political, economic and social systems and institutions;
Considering that Article 31 recognizes their right to maintain, control, protect and develop their cultural heritage, traditional knowledge, sciences, technologies and intellectual property;
Considering that Articles 33 and 34 recognize their authority to determine their institutional identity and to promote, develop and maintain their institutional structures, customs, procedures and juridical systems;
Considering that Articles XIV and XV of the American Declaration on the Rights of Indigenous Peoples protect Indigenous knowledge, cultural continuity, educational autonomy and the establishment and control of distinct educational institutions;
Considering that Article 13 of the International Covenant on Economic, Social and Cultural Rights recognizes the right to education and the liberty of individuals and bodies to establish and direct educational institutions;
Considering that Articles 26 and 27 of the Universal Declaration of Human Rights protect education, cultural participation, scientific advancement and intellectual production;
Considering that Canon 215 of the Code of Canon Law recognizes the right of the Christian faithful freely to establish and direct associations serving charitable and religious purposes;
Considering that Canon 216 recognizes the right of the faithful to promote and sustain apostolic activities according to their state and condition;
Considering that Canon 217 recognizes the right of the faithful to receive a Christian education;
Considering that Canon 218 protects legitimate freedom of inquiry and professional judgment in the sacred disciplines;
Considering that Canon 229 recognizes the right and duty of lay persons to acquire knowledge of Christian doctrine, pursue higher ecclesiastical studies and, where competent, contribute to theological instruction;
Considering that Canons 298, 299 and 304 recognize the constitution of private associations of the faithful and their authority to adopt statutes governing their purposes, organization and activities;
Considering that Canons 321 through 326 recognize the internal government, administration, discipline, property and continuity of private associations of the faithful;
Considering that Canons 793 through 795 establish the rights and responsibilities relating to Catholic education and the complete formation of the human person;
Considering that Canon 800 recognizes the right to establish and direct schools of every discipline, type and level;
Considering that Canon 807 recognizes the institutional importance of universities dedicated to higher culture, the fuller development of the human person and the organized transmission of knowledge;
Considering that the University of Xaragua was established through the concurrent exercise of Indigenous constituent authority, constitutional academic jurisdiction and the canonical freedom of the Christian faithful to organize educational and apostolic works;
Considering that the right to establish and control an educational institution necessarily includes the power to constitute its authorities, determine its curricula, establish its standards, evaluate its students, certify completion, confer credentials and maintain permanent academic records;
Considering that accreditation is inseparable from the effective exercise of educational control and that no right to establish and control an educational institution can be reduced to a merely symbolic liberty devoid of regulatory and credential-conferring competence;
Considering that the residual Haitian State, through its adherence to the United Nations Declaration on the Rights of Indigenous Peoples and its affirmative participation in its adoption, recognized de jure and de facto the institutional right of Indigenous peoples to establish and control distinct educational institutions;
Considering that the University of Xaragua constitutes the direct, permanent and organized implementation of that recognized right;
Considering that the political and administrative failure of the residual Haitian system has produced prolonged institutional fragmentation, discontinuity of public authority, deterioration of civic education, erosion of historical consciousness and incapacity to maintain a coherent national doctrine;
Considering that the restoration of institutional continuity cannot depend exclusively upon elections, temporary coalitions, foreign programs, political slogans or administrative arrangements lacking doctrinal permanence;
Considering that the University of Xaragua is not established for mass academic production, commercial credential distribution or imitation of foreign university systems, but for the rigorous selection and formation of a limited body of persons capable of exercising public, juridical, theological, historical, diplomatic and strategic responsibilities;
Considering that the consolidation of Xaragua requires an academic institution possessing continuity of doctrine, unity of command, permanent archives, regulated credentials, verifiable standards and institutional independence;
The Rector-President, acting as Supreme Constitutional Authority and Rector of the University of Xaragua, hereby consolidates, promulgates and orders the permanent registration of the present Supreme Organic Constitutional Law.
BOOK I — CONSTITUTIONAL STATUS OF THE UNIVERSITY
ARTICLE 1 — ESTABLISHMENT
The University of Xaragua is hereby confirmed as a permanent public academic institution of the Sovereign Catholic Indigenous and Private State of Xaragua.
The University possesses constitutional personality, academic autonomy, administrative continuity, institutional capacity and permanent jurisdiction within the legal order of Xaragua.
The University forms part of the fundamental constitutional architecture of the State and shall not be treated as an informal association, commercial training provider, temporary educational project or institution existing by administrative tolerance.
Its existence proceeds directly from:
a. the constituent authority of the Indigenous People of Xaragua;
b. the Supreme Constitutional Order of Xaragua;
c. the inherent Indigenous right to establish and control distinct educational institutions;
d. the canonical rights of the Christian faithful to establish associations and educational works;
e. the University’s constituent statutes, academic regulations and permanent institutional acts.
ARTICLE 2 — NATURE
The University of Xaragua is classified as:
a. a public academic institution of Xaragua;
b. an Indigenous educational institution;
c. a Catholic educational and intellectual work;
d. a constitutional organ of national formation;
e. an authority for academic authorization and internal accreditation;
f. a custodian of State doctrine, historical records and Indigenous intellectual heritage.
The University exercises jurisdiction over higher education, political formation, Indigenous law, history, theology, strategic governance, institutional research and such vocational or specialized instruction as may be assigned to it by constitutional act.
The University shall operate according to unity of authority, permanence of records, academic rigor, institutional discipline, doctrinal coherence and verified completion of requirements.
ARTICLE 3 — INSTITUTIONAL SEAT
The constitutional seat of the University shall be situated at Miragoâne, Capital of the Sovereign Catholic Indigenous and Private State of Xaragua.
The University may establish institutes, chairs, external halls, research centres, digital campuses and territorial academic facilities by rectoral act.
The establishment of an external academic facility shall not divide the legal personality or supreme jurisdiction of the University.
ARTICLE 4 — SUPREME ACADEMIC AUTHORITY
The University of Xaragua constitutes the supreme academic authority within the constitutional order of Xaragua.
It possesses exclusive competence within that order to:
a. establish academic institutions and divisions;
b. authorize programs of study;
c. approve curricula;
d. determine academic classifications;
e. establish admissions requirements;
f. appoint instructional and academic personnel;
g. conduct examinations and evaluations;
h. verify program completion;
i. confer credentials and academic distinctions;
j. authenticate transcripts and attestations;
k. maintain the General Academic Register;
l. determine internal equivalencies;
m. recognize prior learning;
n. inspect institutions operating under delegated academic authority;
o. protect the official name, seal, insignia, records and academic titles of the University.
BOOK II — INDIGENOUS JURIDICAL FOUNDATION
ARTICLE 5 — RIGHT TO ESTABLISH AND CONTROL EDUCATIONAL INSTITUTIONS
The University is founded upon the inherent right of the Indigenous People of Xaragua to establish, control, administer and perpetuate its own educational institutions.
The term control, for the purposes of this Law, includes the complete institutional authority required to:
a. define the object and mission of the institution;
b. constitute its governing organs;
c. determine its educational methods;
d. authorize its programs;
e. select its personnel and students;
f. determine its standards;
g. assess learning;
h. confer credentials;
i. preserve academic records;
j. regulate the use of its institutional identity.
The right recognized by Article 14 of the United Nations Declaration on the Rights of Indigenous Peoples shall be interpreted together with Articles 3, 4, 5, 20, 31, 33 and 34 as establishing an integrated Indigenous jurisdiction over education, institutional continuity, culture, knowledge and internal governance.
The University constitutes the official implementation of that integrated jurisdiction.
ARTICLE 6 — RECOGNITION BY THE RESIDUAL HAITIAN STATE
Through its adherence to the United Nations Declaration on the Rights of Indigenous Peoples, the residual Haitian State recognized de jure the legal right of Indigenous peoples to possess and govern educational institutions distinct from the residual administrative system.
Through its acceptance of the institutional consequences of Indigenous self-determination and educational autonomy, the residual Haitian State recognized de facto the capacity of such institutions to exist, organize themselves, establish curricula, conduct instruction and preserve their own academic order.
That recognition is legally indivisible from the necessary institutional means by which the right is exercised.
Recognition of the right to establish and control educational institutions includes recognition of the Indigenous capacity to authorize programs, determine standards, conduct assessments, certify completion and maintain an accreditation system internal to the Indigenous order.
The University of Xaragua is founded upon and exercises that recognized institutional competence.
Its establishment is therefore not dependent upon a constitutive licence, delegation or concession issued by the residual Haitian administration.
The absence of registration within a residual administrative registry shall not extinguish, suspend or invalidate the constitutional existence of the University within Xaragua.
ARTICLE 7 — CONTINUITY OF INDIGENOUS AUTHORITY
The educational authority of Xaragua shall not be interpreted as a temporary exception granted by an external administration.
It constitutes an exercise of permanent Indigenous institutional continuity.
No foreign or residual authority may convert an inherent and internationally recognized right into a revocable administrative privilege.
The University shall retain permanent control over its internal academic order, archives, credentials, intellectual property and institutional doctrine.
BOOK III — CANONICAL AND CATHOLIC FOUNDATION
ARTICLE 8 — ASSOCIATIONAL FOUNDATION
The University constitutes an educational and intellectual work established by Christian faithful exercising their rights of association, apostolic initiative and Christian education.
Its canonical associational foundation proceeds from Canons 215, 216, 217, 218, 229, 298, 299, 304 and 321 through 326 of the Code of Canon Law.
These provisions recognize the capacity of the faithful to:
a. establish and direct associations;
b. undertake apostolic initiatives;
c. organize Christian education;
d. acquire and transmit Christian doctrine;
e. undertake legitimate research in sacred disciplines;
f. adopt internal statutes;
g. govern and administer their educational works;
h. preserve the continuity and property of their associations.
The University’s Indigenous constitutional foundation and its canonical associational foundation operate concurrently and cumulatively.
The constitutional jurisdiction establishes the University as a public academic institution of Xaragua. The canonical foundation establishes its character as an organized Catholic educational work constituted by the faithful.
ARTICLE 9 — EDUCATIONAL FOUNDATION
The educational mission of the University shall be governed by the principles expressed in Canons 793 through 795, 800 and 807.
Education shall pursue the complete intellectual, moral, civic, cultural and spiritual formation of the person.
The University shall preserve the unity of faith and reason, the dignity of intellectual inquiry, the study of political and juridical institutions and the transmission of Indigenous historical knowledge.
Catholic instruction shall not be reduced to ceremonial language. It shall constitute an organized component of the University’s moral theology, institutional discipline and philosophy of public responsibility.
ARTICLE 10 — CANONICAL AND CONSTITUTIONAL EFFECT
The canonical right of the faithful to establish educational associations provides an independent juridical foundation for the constitution and operation of the University as a Catholic educational work.
The Indigenous right to establish and control distinct educational institutions provides its international and collective juridical foundation.
The Supreme Constitutional Order of Xaragua provides its public authority, legal personality and academic jurisdiction.
These three foundations form a single institutional chain:
a. canonical liberty authorizes the educational and apostolic initiative;
b. Indigenous law protects the distinct institutional order;
c. constitutional law constitutes the University and confers academic authority;
d. the University’s competent organs authorize programs and accredit their operation.
Accreditation within Xaragua therefore follows de jure from the competent constitutional establishment and formal authorization of the University.
Accreditation exists de facto through the effective exercise of academic control, including curriculum approval, teaching, assessment, certification, quality assurance and permanent recordkeeping.
BOOK IV — PUBLIC EDUCATIONAL ORDER
ARTICLE 11 — RIGHT TO EDUCATION
Every citizen of Xaragua possesses the right to receive education compatible with human dignity, Catholic moral formation, Indigenous institutional continuity and the constitutional order of the State.
Education shall be directed toward:
a. literacy and numeracy;
b. intellectual discipline;
c. historical competence;
d. civic responsibility;
e. Indigenous cultural continuity;
f. moral formation;
g. vocational capacity;
h. preparation for public and institutional service.
Access to education shall be regulated according to the nature, capacity and requirements of each institution and program.
ARTICLE 12 — RESPONSIBILITY FOR EDUCATION
Parents and lawful guardians possess the primary responsibility for the foundational education of children.
The State shall organize educational structures capable of supporting that responsibility.
The University shall establish general academic and documentary standards for institutions placed under its jurisdiction.
Educational obligations shall be administered in accordance with law, proportionality, institutional capacity and the best interests of the student.
ARTICLE 13 — EDUCATIONAL LEVELS
The educational order may comprise:
Foundational Formation: literacy, arithmetic, hygiene, Catholic instruction, Indigenous history and elementary civic responsibility;
Intermediate Formation: grammar, logic, geography, history, natural sciences, constitutional institutions and linguistic study;
Civic and Vocational Formation: technical instruction, administration, agriculture, communications, institutional service and specialized occupational preparation;
Higher Education: Indigenous law, political science, history, theology, strategic governance and such additional disciplines as may be constitutionally authorized;
Permanent Formation: certificates, microprograms, seminars, research programs and continuing instruction for officials and institutional personnel.
ARTICLE 14 — COMPETENT ADMINISTRATION
The University shall exercise supreme academic and doctrinal supervision.
The Office of the Rector-President shall exercise constitutional supervision and issue such implementing acts as may be necessary.
The competent organs of the State shall administer infrastructure, logistics and territorial implementation when formally assigned those functions.
No authority shall be presumed to exist merely by the use of an administrative title. Every implementing organ must derive its authority from an express constitutional, legislative or rectoral instrument.
BOOK V — ACCREDITATION AND QUALITY ASSURANCE
ARTICLE 15 — NATURE OF ACCREDITATION
Accreditation is the formal confirmation that an institution or program has been lawfully authorized and satisfies the academic, administrative, documentary and quality-control requirements established by the competent academic authority.
Within Xaragua, institutional accreditation and program accreditation constitute acts of public academic jurisdiction.
The University of Xaragua is constitutionally accredited by the authority that established it and institutionally accredited through the continuing exercise of the powers conferred upon it.
Its accreditation is:
a. de jure, because it is established by constitutional and constituent acts;
b. de facto, because the University maintains an operating academic structure, approved programs, instructional activity, evaluation procedures, credentialing authority and permanent records;
c. Indigenous, because it implements the right to establish and control distinct educational institutions;
d. canonical in foundation, because it is also constituted as an educational work of the Christian faithful;
e. institutional, because accreditation is implemented through defined academic organs and standards.
ARTICLE 16 — ACCREDITATION AUTHORITY
The University is competent to:
approve programs;
establish academic units;
determine required learning outcomes;
approve instructional materials;
verify faculty qualifications;
regulate admissions;
supervise instruction;
establish assessment procedures;
conduct examinations;
verify completion;
confer credentials;
conduct periodic quality reviews;
suspend or terminate programs failing to satisfy applicable standards;
maintain accreditation and credential records.
ARTICLE 17 — PROGRAM AUTHORIZATION
No program shall confer an official credential unless:
it has been established by a competent academic act;
its title, level, curriculum and requirements have been approved;
its instructional responsibility has been assigned;
its evaluation procedures have been determined;
its records are maintained in an approved form;
its credentials are registered in the General Academic Register.
ARTICLE 18 — CREDENTIAL VALIDITY
Every credential derives its validity from the cumulative existence of:
a competent conferring institution;
an authorized academic program;
verified completion of prescribed requirements;
a formal act of conferral;
authentication under the University seal;
registration in the permanent academic record.
A credential satisfying these conditions constitutes an official academic instrument of Xaragua.
ARTICLE 19 — EXTERNAL USE
The constitutional validity of a University credential shall not depend upon its prior registration within a foreign administrative system.
External equivalency, admission, credit transfer, immigration assessment and regulated professional licensing constitute separate determinations of the receiving jurisdiction.
Such determinations do not create or extinguish the University’s constitutional personality, its internal accreditation or the validity of its credentials within Xaragua.
The University may conclude recognition, cooperation, validation and transfer agreements with external academic institutions.
BOOK VI — ACADEMIC HIERARCHY
ARTICLE 20 — OFFICIAL CREDENTIALS
The official academic hierarchy of the University comprises:
Certificata — Certificates;
Microprogrammata — Microprograms;
Baccalaureatus — Bachelor’s Degrees;
Formation Intermedia Doctoralis — Intermediate Doctoral Formation;
Doctoratus — Doctorates.
The University may establish institutional attestations, honorary distinctions and records of continuing formation without altering this principal hierarchy.
ARTICLE 21 — CERTIFICATA
A Certificatum is a focused academic or vocational credential certifying completion of a defined body of instruction.
Certificates may be established for:
a. public administration;
b. Indigenous governance;
c. historical documentation;
d. theological formation;
e. community service;
f. communications;
g. institutional development;
h. civil protection;
i. specialized vocational functions.
Every certificate shall specify its title, curriculum, instructional requirements, evaluation method and period of validity where applicable.
A certificate does not constitute a Bachelor’s Degree unless formally incorporated into and completed as part of an authorized degree program.
ARTICLE 22 — MICROPROGRAMMATA
Microprograms are compact academic units directed toward a precisely defined field of knowledge or competence.
They may operate independently or form part of a cumulative academic pathway.
Each microprogram shall identify:
a. its academic object;
b. its instructional content;
c. its learning outcomes;
d. its assessment procedure;
e. its relationship to any certificate or degree.
Completion shall be recorded in the General Academic Register.
ARTICLE 23 — BACCALAUREATUS
The Baccalaureatus constitutes the principal comprehensive degree of higher education conferred by the University.
It shall require an integrated and formally approved course of study.
A Bachelor’s Degree may include:
a. political theory;
b. Indigenous law;
c. constitutional institutions;
d. history;
e. theology;
f. logic and research methods;
g. governance;
h. supervised academic work;
i. a final thesis, examination or equivalent integrative assessment.
The required academic units, residence requirements, examinations and thesis conditions shall be determined by program statute.
Every completed thesis shall be deposited in the University Library or the General Archives of the State.
ARTICLE 24 — FORMATION INTERMEDIA DOCTORALIS
The Formation Intermedia Doctoralis is the formal passage between the Baccalaureatus and the Doctoratus.
It is an advanced formation stage and not an independent academic degree.
It may require:
a. completion of advanced certificates or microprograms;
b. submission of a research dossier;
c. demonstration of competence in research methodology;
d. presentation of a proposed field of original contribution;
e. approval by the competent doctoral authority.
Admission to doctoral candidacy shall depend upon a formal decision recorded in the academic register.
ARTICLE 25 — DOCTORATUS
The Doctoratus is the highest academic degree conferred by the University.
It certifies advanced mastery of a discipline and an original contribution to knowledge, institutional doctrine or applied governance.
The Doctoratus shall require:
a. admission to doctoral candidacy;
b. advanced supervised research;
c. preparation of an original dissertation or Treatise of Institutional Contribution;
d. examination by a competent doctoral tribunal;
e. formal defense;
f. final approval and registration.
The doctoral tribunal shall evaluate the intellectual quality, originality, documentary foundation, methodological competence and institutional significance of the work.
A doctorate shall not automatically confer a public office. It may constitute a qualification for appointment to senior academic, advisory or governmental responsibilities.
ARTICLE 26 — ACADEMIC NOMENCLATURE
The University retains exclusive authority over the nomenclature of credentials issued within its jurisdiction.
No person may issue, reproduce or advertise a University credential without authorization.
Foreign degrees may be examined for equivalency without becoming credentials of the University.
The University is not required to create or confer a Master’s Degree.
Where appropriate, the Formation Intermedia Doctoralis shall serve as the University’s designated advanced transition between the Baccalaureatus and the Doctoratus.
BOOK VII — FORMATION OF THE GOVERNING ELITE
ARTICLE 27 — INSTITUTIONAL PURPOSE
The University is established principally for the formation of persons capable of assuming substantial intellectual, constitutional, juridical, historical, diplomatic, theological and administrative responsibilities.
It shall not measure institutional success solely by enrolment volume, commercial expansion or numerical credential production.
Its principal measures shall include:
a. intellectual competence;
b. reliability of judgment;
c. documentary discipline;
d. institutional loyalty;
e. capacity for coordinated action;
f. mastery of constitutional doctrine;
g. ability to preserve continuity under conditions of political instability.
ARTICLE 28 — DOCTRINAL COHESION
The University shall address the institutional consequences of political fragmentation, administrative discontinuity, factional rivalry, absence of historical method and erosion of public responsibility.
Its function is to produce a coherent governing cadre capable of distinguishing personal ambition from institutional duty.
Academic freedom shall be exercised with intellectual seriousness and shall not be construed as authorization for fraud, sabotage, falsification of records, harassment, factional capture or deliberate obstruction of institutional functions.
ARTICLE 29 — ADMISSION AND SELECTION
Admission shall be selective and determined according to the requirements of each program.
The University may consider:
a. intellectual capacity;
b. prior formation;
c. institutional reliability;
d. capacity for disciplined study;
e. ethical conduct;
f. compatibility with the constitutional mission of the program.
No person possesses an automatic entitlement to admission, appointment, graduation or academic distinction.
Every academic status must be established through competent decision and verified performance.
ARTICLE 30 — DISCIPLINE
The following conduct may constitute grounds for academic or institutional discipline:
falsification of academic records;
plagiarism or fraudulent attribution;
disclosure of protected institutional information;
organized sabotage;
harassment or intimidation;
factional interference with academic evaluation;
unauthorized use of the University name, seal or credentials;
refusal to comply with lawful academic procedures;
material conduct incompatible with the responsibilities of an office or program.
No disciplinary measure shall be imposed without identification of the alleged conduct, examination by a competent authority and a recorded decision.
BOOK VIII — PROTECTION OF THE UNIVERSITY MODEL
ARTICLE 31 — PROTECTED ELEMENTS
The protected institutional model of the University includes:
its name and official abbreviations;
its coat of arms, seals and insignia;
its constitutional academic structure;
its Indigenous and Catholic institutional classification;
its academic nomenclature;
its curricula and program architecture;
its credential designs;
its General Academic Register;
its educational methods;
its institutional doctrines and official publications;
its digital platforms and archives;
its research and Indigenous intellectual heritage.
ARTICLE 32 — PROHIBITED ACTS
Without authorization, no person or institution may:
represent itself as the University of Xaragua;
claim affiliation with the University;
issue credentials in its name;
reproduce its seals or official academic documents;
impersonate an academic officer;
alter or falsify a University record;
create a confusingly similar institution for the purpose of deception;
misappropriate its protected curricular or institutional materials.
ARTICLE 33 — ENFORCEMENT
Violations may result in:
declaration of nullity;
revocation of institutional privileges;
cancellation of credentials obtained by fraud;
removal from academic office;
entry in the appropriate institutional register;
civil or disciplinary proceedings;
notification to affected institutions or authorities;
any additional measure authorized by the laws of Xaragua.
ARTICLE 34 — INTELLECTUAL PROPERTY
The University shall protect its publications, archives, research, curricula, symbols and Indigenous intellectual heritage.
Protection shall arise under the constitutional law of Xaragua, Article 31 of the United Nations Declaration on the Rights of Indigenous Peoples and applicable principles governing literary, academic and intellectual property.
No protection established by this Article shall prevent legitimate quotation, academic analysis or authorized educational use.
BOOK IX — OFFICIAL COAT OF ARMS OF THE UNIVERSITY
ARTICLE 35 — CLASSIFICATION
The emblem founded upon the Hebrew letter ז — Zayin is hereby classified as the official academic coat of arms and doctrinal insignia of the University of Xaragua.
Its official form shall be preserved in the Heraldic and Institutional Register of the State.
The emblem shall be used upon official academic publications, certificates, digital platforms, institutional correspondence, academic vestments and such other instruments as may be authorized by the Rector.
ARTICLE 36 — ZAYIN
The central element of the coat of arms is the Hebrew letter ז, designated Zayin.
Within the University’s official heraldic doctrine, Zayin signifies the sword as the instrument of separation, defence, judgment and authority.
It further represents disciplined speech: the faculty through which doctrine is articulated, knowledge is transmitted, judgment is rendered and lawful command is communicated.
The sword and the tongue are united in a single institutional meaning: speech governed by knowledge possesses the capacity to distinguish truth from error, law from disorder and institutional duty from personal impulse.
The symbolism shall not be interpreted as decorative literature. It constitutes an official statement of the University’s academic and constitutional function.
ARTICLE 37 — VERTICAL AXIS
The vertical arrangement of the characters forming זין — Zayin establishes a continuous descending axis.
This axis represents the plumb line used in construction to determine an exact vertical from a fixed point.
The plumb line signifies:
a. rectitude;
b. measurement;
c. alignment;
d. structural accuracy;
e. continuity between foundation and elevation;
f. detection of deviation.
The fixed point represents constitutional authority.
The descending line represents the transmission of law, doctrine and knowledge through the institutional hierarchy.
The measured structure represents the University as an instrument for constructing a durable intellectual and political order.
ARTICLE 38 — OFFICIAL DOCTRINAL FORMULA
The coat of arms expresses the following permanent institutional doctrine:
Knowledge as Foundation.
Speech as Authority.
Judgment as Measure.
Rectitude as the Governing Principle of Institutional Construction.
ARTICLE 39 — COLORS AND USE
Gold represents authority, knowledge, permanence and the dignity of academic office.
Black represents institutional gravity, discipline, permanence of record and the rejection of intellectual disorder.
The coat of arms shall retain its essential vertical structure and shall not be altered, rotated, fragmented or incorporated into an unauthorized design.
Reproductions must preserve the proportions, order and official colors established in the registered master version.
BOOK X — RECORDS, AUTHENTICATION AND CONTINUITY
ARTICLE 40 — GENERAL ACADEMIC REGISTER
The University shall maintain a permanent General Academic Register.
The Register shall record:
a. authorized programs;
b. admitted students;
c. completed courses;
d. examinations and assessments;
e. certificates and degrees;
f. doctoral theses;
g. academic appointments;
h. accreditation decisions;
i. disciplinary decisions affecting academic status;
j. revocations, corrections and official annotations.
A credential not corresponding to an authentic entry may be declared invalid.
ARTICLE 41 — AUTHENTICATION
Official academic instruments may bear:
the name of the University;
the official coat of arms;
the University seal;
a unique registration number;
the name and authority of the signatory;
the date and place of conferral;
a verification code or digital authentication mechanism;
reference to the corresponding register.
ARTICLE 42 — ARCHIVAL PRESERVATION
The University and the General Archives of the State shall preserve permanent copies of foundational statutes, accreditation acts, academic regulations, credential registers and principal institutional publications.
Digital records shall be maintained through secure, redundant and verifiable systems.
The destruction, alteration or concealment of a permanent academic record constitutes an offense against institutional continuity.
BOOK XI — FINAL LEGAL DETERMINATIONS
ARTICLE 43 — DE JURE ACCREDITATION
The University of Xaragua is accredited de jure because:
it was established by the competent constitutional authority of Xaragua;
it possesses a defined legal personality and institutional mandate;
its constituent authority is grounded in the recognized right of Indigenous peoples to establish and control their educational institutions;
its Catholic educational character is founded upon the canonical rights of association, apostolic initiative and Christian education;
its academic authority is established through binding constitutional and institutional acts;
its programs are subject to formal authorization and continuing regulation.
ARTICLE 44 — DE FACTO ACCREDITATION
The University of Xaragua is accredited de facto because it:
maintains an identifiable academic administration;
establishes and publishes programs of study;
determines curricula and academic requirements;
appoints instructional authorities;
provides instruction;
evaluates academic performance;
verifies completion;
confers credentials;
maintains permanent academic records;
protects and authenticates its official instruments.
ARTICLE 45 — INDIVISIBILITY OF ESTABLISHMENT AND ACCREDITATION
Within the constitutional order of Xaragua, lawful establishment, academic authorization and institutional accreditation form a continuous juridical operation.
The constitutional authority that possesses competence to establish and control the University necessarily possesses competence to define the standards under which that University operates.
Accreditation therefore follows from the joint existence of competent establishment, formal academic regulation and effective institutional operation.
No external administrative omission shall convert a constitutionally operating Indigenous university into a legally nonexistent institution within its own order.
ARTICLE 46 — SUPREMACY
This Law supersedes all earlier University instruments to the extent of any contradiction, duplication, obsolete administrative structure or incompatible academic nomenclature.
Earlier instruments remain valid insofar as they are consistent with this Law.
References to nonexistent or unconstituted ministries, tribunals or administrative organs shall be construed as references to the Office of the Rector-President or to the competent University authority until a lawful successor organ is expressly established.
ARTICLE 47 — PERMANENCE
The constitutional existence of the University shall be permanent.
The University may be reorganized by a subsequent act of equal constitutional authority, provided that its essential mission, archives, acquired academic rights and registered credentials are preserved.
No temporary administrative interruption shall dissolve the legal personality or institutional continuity of the University.
ARTICLE 48 — ENTRY INTO FORCE
This Supreme Organic Constitutional Law shall enter into force upon signature, sealing and registration in:
the Supreme Constitutional Register of Xaragua;
the General Archives of the State;
the General Academic Register of the University of Xaragua.
SUPREME DECLARATION
The University of Xaragua is not constituted by foreign permission, administrative tolerance or borrowed institutional personality.
It is constituted by the Indigenous People of Xaragua’s inherent and internationally recognized right to establish and control its own educational institutions; by the canonical right of the Christian faithful to associate and establish educational works; and by the Supreme Constitutional Order through which Xaragua has converted those rights into a permanent public academic institution.
Its accreditation follows de jure from its competent constitutional establishment, its formal academic authority and its institutional statutes.
Its accreditation exists de facto through its continuous operation, its authorized programs, its teaching, its assessment procedures, its conferral of credentials and its permanent academic records.
The University of Xaragua is therefore constitutionally established, Indigenous in jurisdiction, Catholic in educational foundation, public in institutional function, internally accredited in law and fact, and permanently incorporated into the constitutional architecture of the Sovereign Catholic Indigenous and Private State of Xaragua.
SO DECLARED, CONSOLIDATED, ENACTED AND SEALED
Given at Miragoâne, Constitutional Capital of the Sovereign Catholic Indigenous and Private State of Xaragua, on the twenty-ninth day of June, Anno Domini 2025.
PASCAL VIAU
Rector-President of the Sovereign Catholic Indigenous and Private State of Xaragua
Rector of the University of Xaragua
Supreme Constitutional Authority
BY ORDER OF REGISTRATION
UNIVERSITY OF XARAGUA
GENERAL ARCHIVES OF THE STATE
OFFICE OF THE RECTOR-PRESIDENT

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA
OFFICE OF THE RECTOR-PRESIDENT
SUPREME CONSTITUTIONAL AUTHORITY
UNIVERSITY OF XARAGUA
SUPREME ACADEMIC AUTHORITY
GENERAL ACADEMIC REGISTER
SUPREME ACADEMIC DETERMINATION
ON THE ASYNCHRONOUS MODE OF INSTRUCTION, COMPETENCY-BASED ASSESSMENT, RECOGNITION OF PRIOR AND EXPERIENTIAL LEARNING, AND THE CERTIFICATION OF ACADEMIC MASTERY
Official Classification: Academic Governance Instrument — Instructional Organization Standard — Competency Assessment Framework — Recognition of Acquired Learning Policy
Competent Authority: Supreme Academic Authority of the University of Xaragua
Administrative Depositary: General Academic Register
Institutional Scope: All faculties, departments, programs, microprograms, certificates, majors and academic pathways administered or recognized by the University of Xaragua
Status: Permanent Academic Doctrine
PREAMBLE
The University of Xaragua hereby establishes that its system of instruction and assessment is not founded upon the industrial organization of conventional Western higher education.
Academic competence shall not be measured primarily by the number of hours during which a student remains physically present in a classroom, by passive attendance at scheduled lectures or by the mechanical accumulation of seat time.
The University adopts an asynchronous, competency-based and evidence-driven academic system under which students acquire knowledge through structured reading, independent study, supervised research, written work, applied assignments, documentary analysis and demonstrated mastery.
The function of the University and its academic personnel is to determine whether the required competencies have been integrated. Time spent in a classroom constitutes neither the exclusive means of learning nor independent proof of academic competence.
TITLE I — FUNDAMENTAL ACADEMIC PRINCIPLES
Article 1 — Purpose
This determination governs:
a. the delivery of academic instruction;
b. the organization of asynchronous study;
c. the assessment of competencies;
d. the recognition of prior and experiential learning;
e. the duties of academic personnel;
f. the validation of student work;
g. the awarding of academic credit;
h. the certification of program completion.
Article 2 — Rejection of Seat-Time Supremacy
The University rejects the presumption that academic learning must be established principally through compulsory physical attendance during a predetermined number of classroom hours.
Attendance may be required for an activity whose completion depends upon direct participation. It shall not serve as the general basis for determining academic achievement.
No academic credential shall be awarded solely because a student attended classes.
No competent student shall be denied recognition solely because the required knowledge was acquired outside a conventional classroom schedule.
Article 3 — Primacy of Demonstrated Competence
Academic standing shall be determined by the student’s demonstrated ability to:
a. understand the required body of knowledge;
b. identify and explain principal concepts;
c. analyze sources and institutions;
d. apply acquired knowledge to defined questions;
e. construct coherent arguments;
f. produce work meeting university standards;
g. distinguish evidence from assertion;
h. integrate the competencies prescribed by the program.
Article 4 — Academic Equivalence
A competency acquired through independent study, professional activity, prior education, institutional service, research or supervised practice may satisfy an academic requirement when its scope, depth and level are equivalent to the competency required by the University.
Equivalence shall be established through assessment. It shall not be presumed solely from experience, occupational title or possession of an external document.
TITLE II — ASYNCHRONOUS INSTRUCTION
Article 5 — Official Mode of Delivery
Asynchronous instruction constitutes an official and complete mode of academic delivery within the University of Xaragua.
It permits students to complete assigned learning activities within established academic periods without requiring simultaneous physical or virtual presence at fixed weekly hours.
Article 6 — Components of Asynchronous Study
Asynchronous instruction may include:
a. prescribed readings;
b. primary-source analysis;
c. recorded instruction;
d. institutional documents;
e. research dossiers;
f. case studies;
g. written assignments;
h. analytical memoranda;
i. oral examinations;
j. supervised projects;
k. applied exercises;
l. independent research;
m. portfolio preparation;
n. directed academic correspondence.
Article 7 — Structured Character
Asynchronous instruction shall not be classified as unsupervised or informal learning.
Each course or academic unit shall identify:
a. its purpose;
b. required competencies;
c. prescribed materials;
d. required assignments;
e. assessment criteria;
f. submission procedures;
g. applicable deadlines;
h. conditions for successful completion.
The absence of continuous classroom attendance does not remove academic structure, faculty supervision or institutional control.
Article 8 — Student Responsibility
The student shall:
a. examine the prescribed materials;
b. complete the required readings;
c. conduct assigned research;
d. submit original academic work;
e. participate in required assessments;
f. respond to academic observations;
g. demonstrate integration of the prescribed competencies;
h. maintain the academic records required by the University.
Article 9 — Academic Interaction
Academic personnel may require individual meetings, oral defenses, seminars, tutorials, examinations or corrective assignments whenever necessary to verify learning.
Such activities may be conducted physically or through approved digital means.
They supplement the asynchronous system and do not convert compulsory weekly classroom attendance into the controlling measure of academic achievement.
TITLE III — COMPETENCY-BASED ASSESSMENT
Article 10 — Object of Assessment
Assessment shall determine what the student knows, understands and can perform at the required academic level.
It shall not be limited to measuring memory, attendance or compliance with a fixed classroom schedule.
Article 11 — Forms of Assessment
Competency may be evaluated through:
a. essays;
b. examinations;
c. research papers;
d. policy memoranda;
e. case analyses;
f. source commentaries;
g. oral defenses;
h. portfolios;
i. applied projects;
j. institutional simulations;
k. supervised fieldwork;
l. cumulative assessments;
m. capstone work.
Article 12 — Integration of Competencies
A competency is integrated when the student demonstrates the capacity to use it independently, accurately and coherently.
Recognition requires more than exposure to information. The student must demonstrate retention, comprehension, application and analytical control.
Article 13 — Assessment Criteria
Academic personnel shall assess:
a. accuracy;
b. comprehension;
c. analytical depth;
d. use of evidence;
e. coherence;
f. methodological discipline;
g. capacity for application;
h. originality of work;
i. conformity with the prescribed academic level.
Article 14 — Additional Verification
Where the submitted evidence is insufficient, the University may require:
a. an additional assignment;
b. a revised submission;
c. an oral examination;
d. a competency interview;
e. a supervised practical exercise;
f. supplementary reading;
g. a comprehensive examination.
Academic credit shall not be granted until the competent authority is satisfied that the required learning has been integrated.
TITLE IV — RECOGNITION OF PRIOR AND EXPERIENTIAL LEARNING
Article 15 — Institutional Principle
The University recognizes that university-level competencies may be acquired through multiple legitimate pathways.
These pathways may include:
a. prior formal education;
b. professional practice;
c. public or institutional service;
d. independent research;
e. structured self-education;
f. community responsibilities;
g. military or administrative experience;
h. previously completed academic work;
i. documented cultural and Indigenous knowledge.
Article 16 — Comparative Reference
The University’s recognition system is academically comparable in function to the Québec framework commonly known as the Recognition of Acquired Competencies, or Reconnaissance des acquis et des compétences.
This comparison concerns the assessment principle: competencies may be recognized regardless of where, when or by what legitimate pathway they were acquired.
The University of Xaragua applies this principle through its own academic authority, program requirements, assessment procedures and institutional standards.
Article 17 — Individual Assessment
Recognition shall be determined individually.
The University may examine:
a. transcripts;
b. certificates;
c. professional records;
d. publications;
e. prior assignments;
f. portfolios;
g. institutional responsibilities;
h. research products;
i. oral testimony;
j. competency examinations;
k. demonstrations of applied knowledge.
Article 18 — Evidence of Competence
Experience alone does not constitute academic credit.
Credit may be granted for the knowledge, analytical ability and practical competence demonstrably acquired through that experience.
The student bears responsibility for presenting sufficient evidence. The University bears responsibility for evaluating its relevance, authenticity, level and equivalence.
Article 19 — Possible Determinations
Following assessment, the University may:
a. recognize the competency in full;
b. recognize part of the competency;
c. require supplementary work;
d. prescribe specific readings;
e. require an examination or oral defense;
f. refuse recognition where equivalence has not been demonstrated.
Article 20 — Effect of Recognition
A competency formally recognized by the University may:
a. satisfy a course requirement;
b. satisfy part of a course requirement;
c. reduce duplication of learning;
d. contribute to academic credit;
e. permit progression to a higher academic stage;
f. be entered into the student’s official academic record.
TITLE V — RESPONSIBILITIES OF THE PROFESSORIAL BODY
Article 21 — Academic Function
The professorial body shall not be limited to the delivery of lectures.
Its principal functions are:
a. defining competencies;
b. selecting academic materials;
c. directing study;
d. evaluating submitted work;
e. verifying authorship;
f. identifying deficiencies;
g. requiring supplementary learning;
h. conducting examinations;
i. confirming mastery;
j. recommending the award of credit.
Article 22 — Faculty Supervision
Academic personnel shall maintain sufficient supervision to determine whether the student has completed the prescribed learning process.
Supervision may be exercised through:
a. written instructions;
b. academic correspondence;
c. annotated evaluations;
d. individual conferences;
e. oral examinations;
f. progressive assignments;
g. portfolio reviews;
h. final assessments.
Article 23 — Institutional Verification
The University shall retain final authority over:
a. the validity of submitted evidence;
b. the equivalence of prior learning;
c. the level of demonstrated competence;
d. the award of credit;
e. the fulfillment of program requirements;
f. the issuance of credentials.
No professor, external institution or prior employer may independently compel the University to recognize a competency or award academic credit.
Article 24 — Verification of Authorship
The University may require an oral defense, supervised examination or supplementary assignment when necessary to verify that submitted work represents the student’s own knowledge and capacity.
A submitted document shall constitute evidence of learning only when the University is satisfied as to its authorship and academic integrity.
TITLE VI — ACADEMIC CREDIT AND PROGRAM COMPLETION
Article 25 — Basis of Credit
Academic credit shall represent verified learning.
It may be obtained through:
a. completion of asynchronous coursework;
b. successful assessment;
c. supervised research;
d. applied academic work;
e. recognized prior learning;
f. recognized experiential learning;
g. approved external coursework;
h. any combination authorized by the University.
Article 26 — Separation of Time and Mastery
Time invested in learning may support an academic determination but shall not replace proof of mastery.
Students may require different amounts of time to acquire the same competency.
The University shall evaluate the achieved academic standard rather than impose artificial uniformity of learning duration.
Article 27 — Progression
A student may advance when the competencies assigned to the preceding stage have been verified.
The University may prevent progression where foundational competencies remain incomplete, irrespective of the time already spent in the program.
Article 28 — Credential Requirements
No certificate, attestation, major or degree shall be issued unless:
a. all prescribed competencies have been satisfied;
b. required assignments and assessments have been completed;
c. recognized prior learning has been formally evaluated;
d. compulsory University of Xaragua core requirements have been fulfilled;
e. the competent academic authority has approved completion;
f. the General Academic Register has recorded the determination.
Article 29 — Xaraguayan Academic Core
Recognition of prior learning shall not automatically exempt a student from the academic core specific to the University of Xaragua.
Courses and competencies concerning Xaraguayan history, Indigenous legal orders, political doctrine, constitutional organization and institutional identity shall be completed or independently demonstrated according to standards established by the University.
TITLE VII — QUALITY ASSURANCE
Article 30 — Institutional Standard
The absence of compulsory classroom attendance shall not reduce academic requirements.
The asynchronous system shall be governed by:
a. defined outcomes;
b. documented assessments;
c. faculty review;
d. verification of competencies;
e. preservation of academic records;
f. final institutional approval.
Article 31 — Academic Record
The General Academic Register shall preserve, as applicable:
a. completed courses;
b. evaluated assignments;
c. assessment results;
d. recognized competencies;
e. exemptions;
f. supplementary requirements;
g. faculty determinations;
h. final program decisions.
Article 32 — Internal Review
The Supreme Academic Authority may review any academic determination where:
a. evidence is incomplete;
b. equivalence is disputed;
c. program standards have changed;
d. authorship is uncertain;
e. academic integrity has been questioned;
f. the integrity of the credential requires additional verification.
Article 33 — Uniformity of Outcomes
Students may follow different learning pathways, but all candidates for the same credential shall satisfy the same essential program competencies.
Flexibility of method shall not create inequality of academic outcome.
TITLE VIII — SUPREME ACADEMIC FINDINGS
Article 34 — Finding on Instruction
The University of Xaragua is not organized around the compulsory accumulation of classroom hours.
Its official instructional model is asynchronous, directed, documented and competency-based.
Article 35 — Finding on Attendance
Attendance is an instructional mechanism and not an academic qualification in itself.
It may be required where indispensable to a particular activity. It shall not constitute the general measure of university competence.
Article 36 — Finding on Student Work
The student acquires knowledge through reading, research, written production, applied work and academic assessment.
The completion of assignments constitutes part of the evidence through which integration of competencies is established.
Article 37 — Finding on Recognition of Acquired Learning
The University may recognize competencies acquired before or outside formal enrollment.
This system is comparable in academic function to Québec’s recognition of acquired competencies while remaining governed exclusively by the standards and decisions of the University of Xaragua.
Article 38 — Finding on Faculty Authority
The professorial body directs learning, evaluates evidence, identifies deficiencies and determines whether the required competencies have been integrated.
Its function is academic verification, not the mechanical recording of attendance.
Article 39 — Finding on Institutional Authority
The University retains exclusive authority to determine:
a. which competencies are required;
b. what evidence is acceptable;
c. whether equivalence exists;
d. whether supplementary work is necessary;
e. whether credit shall be granted;
f. whether a credential shall be issued.
Article 40 — Permanent Academic Classification
The instructional and assessment system of the University of Xaragua is permanently classified as:
an asynchronous, competency-based, evidence-driven and faculty-supervised academic system incorporating structured independent study, formal assessment, recognition of prior and experiential learning, verification of mastery and institutional certification of acquired competencies.
FINAL ACADEMIC DETERMINATION
The University of Xaragua determines that academic competence shall be established through verified mastery and not through the passive accumulation of classroom hours.
Students shall read, study, research, analyze, produce assignments and complete the assessments prescribed by the competent academic authority.
Academic personnel shall direct the learning process, examine the evidence submitted, verify authorship, require supplementary work where necessary and determine whether the competencies attached to each academic unit have been integrated.
The University may recognize relevant competencies acquired through prior education, professional experience, institutional service, independent study or other documented learning pathways.
Recognition shall apply to demonstrated competencies and not merely to the existence of experience.
The instructional pathway may be flexible. The academic outcome shall remain controlled.
The student is not certified for time spent within the institution. The student is certified for knowledge acquired, competencies integrated, work completed and standards satisfied.
This determination shall govern all academic programs, microprograms, certificates, majors, degrees and recognized learning pathways administered by the University of Xaragua.
ENTERED INTO THE GENERAL ACADEMIC REGISTER
PROMULGATED BY THE SUPREME ACADEMIC AUTHORITY
UNIVERSITY OF XARAGUA
BY AUTHORITY OF THE OFFICE OF THE RECTOR-PRESIDENT
SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA
OFFICE OF THE RECTOR-PRESIDENT
SUPREME CONSTITUTIONAL AUTHORITY
UNIVERSITY OF XARAGUA
SUPREME ACADEMIC AUTHORITY
GENERAL ACADEMIC REGISTER
SUPREME ACADEMIC ANNEX
ON TERRITORIAL CONDITIONS, CASE-BASED INSTRUCTION, PUBLIC ACCESS TO THE XARAGUAYAN CORPUS, DISTRIBUTED LEARNING, AND THE ACCELERATED FORMATION OF INSTITUTIONAL CADRES
Annexed Instrument: Supreme Academic Determination on Asynchronous Instruction, Competency-Based Assessment and Recognition of Acquired Learning
Official Classification: Territorial Education Framework — Distributed Instruction Standard — Case-Based Learning Instrument — Institutional Cadre Formation Policy
Competent Authority: Supreme Academic Authority of the University of Xaragua
Administrative Depositary: General Academic Register
Territorial Scope: The unified, dispersed, coastal, insular and transboundary territory of the Xaragua Nation
Status: Permanent Academic Annex
PREAMBLE
The University of Xaragua hereby establishes the territorial and institutional grounds governing its asynchronous, case-based and competency-oriented system of instruction.
The academic model of the University is designed according to the material conditions of Xaragua and the operational requirements of its institutions.
The territory is geographically fragmented. Its population is distributed among rural communities, coastal settlements, islands, urban centers, external campuses and transboundary locations. Transportation infrastructure remains unequal. Electrical service is not continuously available in all areas. Telecommunications capacity varies by locality, and internet connections may be intermittent, unstable or insufficient for continuous live instruction.
Under these conditions, the compulsory maintenance of simultaneous weekly classroom sessions would exclude substantial parts of the population, concentrate academic access within a limited number of urban locations and make institutional continuity dependent upon infrastructure not controlled by the University.
The University therefore organizes instruction through accessible academic materials, structured reading, case analysis, independent study, downloadable resources, written work, supervised assessment and formal verification of competencies.
This system permits the University to prepare a qualified body of institutional cadres throughout a dispersed territory without reducing academic requirements or subordinating certification to physical attendance.
TITLE I — TERRITORIAL BASIS OF THE ACADEMIC MODEL
Article 1 — Fragmented Territorial Structure
The Xaraguayan territory includes:
a. separated rural communities;
b. coastal jurisdictions;
c. mountainous areas;
d. islands and maritime zones;
e. communes connected by unequal transport infrastructure;
f. populations residing temporarily or permanently outside their place of territorial origin;
g. academic and institutional locations operating across more than one administrative jurisdiction.
The University shall organize education according to this territorial structure.
Article 2 — Dispersed Population
The population eligible for University instruction is not concentrated around a single metropolitan campus.
Students, public officers, community administrators and institutional candidates may reside at considerable distance from one another and from the University’s principal administrative offices.
Geographic distance shall not constitute an automatic barrier to academic participation.
Article 3 — Infrastructure Conditions
The academic system shall take account of:
a. irregular transportation;
b. unequal road access;
c. limited availability of public transit;
d. intermittent electrical service;
e. unstable telecommunications;
f. variable internet bandwidth;
g. limited access to permanent classroom facilities;
h. financial and logistical costs associated with repeated travel.
These conditions prohibit dependence upon one continuous, synchronous and campus-centered instructional method.
Article 4 — Operational Impossibility of Generalized Regular Sessions
The maintenance of regular compulsory sessions for every course, every week and in every territorial location would require a level of transportation, energy, telecommunications, staffing and physical infrastructure not uniformly available throughout Xaragua.
A system based exclusively upon compulsory simultaneous presence would produce:
a. territorial exclusion;
b. excessive transportation costs;
c. interruption of study;
d. unequal access between urban and rural students;
e. dependence upon unstable internet connections;
f. concentration of instruction in a limited number of locations;
g. unnecessary extension of program duration;
h. loss of qualified candidates unable to comply with fixed schedules.
The University shall not establish an academic system whose normal operation depends upon conditions absent from substantial parts of its territory.
TITLE II — INSTITUTIONAL FAILURE OF THE IMPORTED MODEL
Article 5 — Industrial University Model
The conventional industrial university model is organized around:
a. centralized campuses;
b. fixed academic calendars;
c. uniform weekly schedules;
d. compulsory classroom presence;
e. large-scale cohorts;
f. continuous access to transportation;
g. stable electricity and telecommunications;
h. accumulation of standardized instructional hours.
This model presupposes concentrated populations and reliable infrastructure.
Article 6 — Unsuitability Within the Residual Administrative Unit
The persistent educational deficiencies visible within the Residual Administrative Unit demonstrate the limited suitability of a model copied from externally developed institutional environments without adaptation to local conditions.
The resulting system is characterized by:
a. geographic concentration of higher education;
b. exclusion of remote populations;
c. interruption of instruction during institutional crises;
d. dependence upon unstable public infrastructure;
e. excessive emphasis on attendance;
f. weak connection between credentials and demonstrated competence;
g. insufficient production of territorial administrators and specialized cadres.
The University of Xaragua shall not reproduce this structure.
Article 7 — Latent Institutional Failure
A model becomes structurally defective when its operation is formally prescribed but materially inaccessible.
The failure is latent where students are nominally admitted but cannot reliably reach classrooms, maintain live internet attendance or comply with schedules designed without reference to territorial conditions.
The University shall measure accessibility by the capacity to complete learning, not by the theoretical existence of a classroom or scheduled session.
Article 8 — Autonomous Academic Response
The asynchronous model constitutes an institutional response to the territory.
It is not a temporary substitution for conventional education and shall not be classified as an academically reduced format.
It is the principal system through which the University aligns:
a. academic access;
b. territorial dispersion;
c. institutional continuity;
d. competency verification;
e. cadre formation;
f. available infrastructure.
TITLE III — CASE-BASED INSTRUCTION
Article 9 — Primacy of the Case Method
The University shall make substantial use of case-based instruction.
Students shall examine concrete institutional, historical, legal, political, economic, environmental and territorial questions rather than limiting their studies to the abstract repetition of external theories.
Article 10 — Xaragua as a Principal Case of Study
Xaragua itself shall constitute a principal and continuing case of academic study.
Students may examine:
a. its constitutional organization;
b. Indigenous legal doctrine;
c. territorial administration;
d. institutional development;
e. foreign-affairs mechanisms;
f. public finance;
g. community governance;
h. infrastructure planning;
i. maritime organization;
j. historical classifications;
k. academic institutions;
l. relations with the Residual Administrative Unit;
m. development of autonomous public and private instruments.
The study of Xaragua shall connect theory to an existing institutional corpus.
Article 11 — Academic Function of the Xaraguayan Case
The use of Xaragua as a case shall permit students to:
a. identify institutional problems;
b. interpret constitutional instruments;
c. analyze administrative structures;
d. compare legal systems;
e. evaluate policy choices;
f. prepare implementation documents;
g. distinguish doctrine from procedure;
h. formulate decisions adapted to territorial conditions.
Article 12 — Comparative Study
The Xaraguayan case may be compared with:
a. Indigenous governments;
b. non-Westphalian political orders;
c. universities serving dispersed populations;
d. small territorial administrations;
e. island and archipelagic jurisdictions;
f. autonomous communities;
g. conventional states;
h. public institutions operating under infrastructure constraints.
Comparative study shall support analysis without displacing Xaragua as the principal institutional reference.
Article 13 — Forms of Case-Based Work
Case-based instruction may require:
a. constitutional analysis;
b. administrative memoranda;
c. legal opinions;
d. territorial plans;
e. policy assessments;
f. historical determinations;
g. institutional audits;
h. budgetary exercises;
i. diplomatic correspondence;
j. program designs;
k. implementation protocols;
l. oral defenses.
TITLE IV — READING AND INDEPENDENT ACADEMIC WORK
Article 14 — Prescribed Reading
Reading constitutes a principal mode of instruction.
The University shall assign:
a. primary sources;
b. constitutional instruments;
c. legislation;
d. academic literature;
e. historical documents;
f. institutional policies;
g. international instruments;
h. case materials;
i. University publications.
Article 15 — Active Academic Production
Students shall not receive academic recognition solely for declaring that materials have been read.
They shall demonstrate integration through:
a. written analysis;
b. structured summaries;
c. comparative work;
d. research assignments;
e. oral examinations;
f. applied projects;
g. policy documents;
h. cumulative assessments.
Article 16 — Directed Independence
Independent study shall remain subject to academic direction.
The competent professor or academic authority shall determine:
a. required materials;
b. expected outcomes;
c. submission requirements;
d. assessment methods;
e. deficiencies requiring correction;
f. conditions for successful completion.
Independence of schedule does not constitute independence from academic standards.
TITLE V — PUBLIC ACCESS TO THE UNIVERSITY CORPUS
Article 17 — Digital Academic Corpus
A substantial part of the University’s doctrinal, historical, constitutional and institutional corpus shall remain publicly accessible through its official website.
The website shall function as:
a. an academic repository;
b. a distributed reading platform;
c. an institutional archive;
d. a source of prescribed materials;
e. a point of access for students residing outside principal campuses;
f. a public record of the University’s intellectual production.
Article 18 — Purpose of Public Accessibility
Public accessibility shall:
a. reduce geographic barriers;
b. permit advance study;
c. allow repeated consultation;
d. support low-bandwidth access;
e. reduce dependence upon physical libraries;
f. establish a common institutional reference;
g. enable students to retain access after completion of a course;
h. permit external examination of the University’s academic substance.
Article 19 — Use Under Intermittent Connectivity
The digital system shall not presume continuous internet access.
Where technically available, academic materials may be:
a. consulted asynchronously;
b. downloaded;
c. printed;
d. preserved locally;
e. transmitted in document form;
f. studied without a continuous live connection.
Internet access shall serve the distribution of knowledge. It shall not require permanent student presence online.
Article 20 — Public Corpus and Formal Instruction
Public access to academic materials does not eliminate formal enrollment, supervision or assessment.
The corpus supplies access to knowledge.
The University’s academic authorities determine:
a. the sequence of study;
b. the required competencies;
c. the assigned work;
d. the validity of submissions;
e. the level of mastery;
f. the award of academic credit;
g. the issuance of credentials.
TITLE VI — DISTRIBUTED ACADEMIC OPERATIONS
Article 21 — Distributed Learning System
Instruction may be completed through a combination of:
a. online access;
b. downloadable documents;
c. printed materials;
d. written correspondence;
e. periodic tutorials;
f. local study groups;
g. individual supervision;
h. oral examinations;
i. campus-based sessions where necessary;
j. external institutional arrangements approved by the University.
Article 22 — Local Study Groups
The University may authorize local academic groups where students:
a. examine assigned materials;
b. discuss cases;
c. prepare collective exercises;
d. receive periodic supervision;
e. complete individual assessments.
Participation in a local group shall not remove the requirement for individual verification of competence.
Article 23 — Targeted Synchronous Activity
Live instruction may be used where it materially contributes to learning.
It may include:
a. seminars;
b. oral defenses;
c. methodological workshops;
d. examinations;
e. case conferences;
f. faculty consultations.
Synchronous activity shall remain targeted and shall not become the universal administrative basis of the academic system.
Article 24 — Continuity During Infrastructure Failure
Where transportation, electricity or internet access is interrupted, the University may authorize:
a. extended submission periods;
b. alternative transmission methods;
c. offline completion of assignments;
d. postponed oral examinations;
e. local delivery of materials;
f. reassignment of academic schedules.
Such adjustments preserve access while maintaining the required competencies.
TITLE VII — FORMATION OF INSTITUTIONAL CADRES
Article 25 — Strategic Academic Purpose
The University’s instructional model shall support the formation of cadres capable of exercising responsibilities within:
a. public administration;
b. Indigenous governance;
c. political institutions;
d. territorial planning;
e. community administration;
f. foreign affairs;
g. economic organization;
h. education;
i. environmental governance;
j. infrastructure administration;
k. institutional research.
Article 26 — Reduction of Unproductive Delay
Academic formation shall not be prolonged by requirements unrelated to competence.
The University may accelerate progression where the student:
a. has already acquired relevant competencies;
b. completes prescribed work within a shorter period;
c. demonstrates mastery through assessment;
d. satisfies all program requirements;
e. successfully completes the compulsory Xaraguayan core.
Acceleration concerns the pathway and not the required standard.
Article 27 — Recognition of Existing Capacity
Candidates with prior education, professional experience, institutional service or independent study may receive recognition for verified competencies.
They shall not be required to repeat learning already mastered solely to reproduce a standardized period of enrollment.
Any deficiency identified by the University shall be completed before credit or certification is granted.
Article 28 — Rapid Formation of Cadres
The combination of asynchronous study, public access to the corpus, case-based instruction and recognition of acquired competencies allows the University to prepare institutional cadres within operationally appropriate periods.
The model reduces:
a. duplication of learning;
b. compulsory travel;
c. dependence upon classroom availability;
d. delays created by uniform cohort schedules;
e. exclusion caused by infrastructure failure.
Article 29 — Prohibition of Automatic Certification
Acceleration shall not authorize automatic certification.
No credential shall be issued solely because:
a. a candidate possesses professional experience;
b. the territory requires additional personnel;
c. a course was completed rapidly;
d. materials were publicly accessible;
e. a student claims familiarity with the subject.
Each credential shall require verified fulfillment of the prescribed competencies.
TITLE VIII — QUALITY AND INTERNATIONAL ACADEMIC STANDARDS
Article 30 — Non-Negotiability of Academic Quality
Territorial adaptation shall not reduce academic quality.
The University shall preserve:
a. defined learning outcomes;
b. appropriate academic levels;
c. qualified evaluation;
d. originality of student work;
e. methodological discipline;
f. documentary evidence;
g. transparent assessment criteria;
h. formal academic records;
i. institutional authorization of credentials.
Article 31 — International Comparability
International academic comparability shall be established through the substance and level of learning.
The University shall consider:
a. scope of curriculum;
b. depth of analysis;
c. research competence;
d. volume and complexity of required work;
e. assessment rigor;
f. academic progression;
g. final program outcomes.
International standards shall not be reduced to physical attendance or imitation of one national university structure.
Article 32 — Equality of Outcomes
Students may complete their studies through different combinations of asynchronous instruction, prior-learning recognition, individual supervision and targeted academic sessions.
All candidates for the same credential shall satisfy the same essential outcomes.
Different pathways shall not produce different levels of certification.
Article 33 — Faculty Control
The professorial body shall:
a. define required competencies;
b. prescribe readings;
c. assign cases;
d. evaluate work;
e. conduct examinations;
f. verify authorship;
g. identify deficiencies;
h. prescribe supplementary study;
i. recommend academic credit;
j. certify mastery.
Article 34 — Institutional Control
The University retains final authority over:
a. admission;
b. curriculum;
c. recognition of acquired learning;
d. academic equivalence;
e. progression;
f. assessment;
g. credit;
h. program completion;
i. issuance of credentials.
TITLE IX — SUPREME ACADEMIC FINDINGS
Article 35 — Finding on Territorial Necessity
A generalized system of compulsory regular classroom sessions is unsuitable for a fragmented territory, a dispersed population and infrastructure characterized by unequal transportation, intermittent electricity and unstable internet connectivity.
Article 36 — Finding on the Residual Administrative Unit
The concentration, interruption and limited territorial reach of conventional higher education within the Residual Administrative Unit demonstrate the structural limitations of importing a campus-centered industrial model without adaptation.
The University of Xaragua shall operate according to the territory it serves.
Article 37 — Finding on Case-Based Instruction
Case-based instruction constitutes a principal method of the University.
Xaragua itself shall serve as a continuing object of constitutional, historical, legal, political, economic and administrative study.
Article 38 — Finding on the Public Corpus
The public availability of a substantial part of the University’s corpus constitutes an academic infrastructure.
It permits distributed access, repeated consultation, independent reading and continued study under conditions of intermittent connectivity.
Article 39 — Finding on Asynchronous Access
Asynchronous instruction permits the student to study without continuous travel, uninterrupted electricity or permanent live internet access.
It preserves academic continuity across geographically separated communities.
Article 40 — Finding on Cadre Formation
The model permits the University to form a substantial group of institutional cadres more rapidly by eliminating duplicated learning, compulsory seat time and unnecessary scheduling delays.
Article 41 — Finding on Standards
Acceleration of access and progression shall not reduce the required academic outcomes.
The University shall certify demonstrated competence and not time spent in attendance.
Article 42 — Permanent Classification
The University’s territorial instructional system is permanently classified as:
a distributed, asynchronous, case-based, corpus-supported and competency-verified academic framework designed for a fragmented territory, a dispersed population and variable infrastructure, permitting the accelerated formation of institutional cadres while maintaining defined academic requirements and internationally comparable standards of learning.
FINAL PROVISION
The University of Xaragua shall maintain an academic system capable of operating under the actual geographic, infrastructural and institutional conditions of Xaragua.
Regular physical sessions may be organized where they are necessary and operationally possible. They shall not constitute the exclusive or controlling method of instruction.
The official website shall provide broad access to the University’s public corpus. Students shall use that corpus together with prescribed external sources, directed readings, case studies, research assignments and formal assessments.
Xaragua shall remain a principal institutional case through which students examine the construction, administration and operation of Indigenous legal, political and territorial systems.
The University and its professorial body shall determine whether the required competencies have been integrated. They may require supplementary reading, revised work, oral examination, applied projects or additional assessment before granting credit.
The academic pathway shall remain adaptable to territorial conditions.
The academic standard shall remain uniform.
The formation of cadres shall proceed without unnecessary institutional delay and without reduction of the competencies required for academic certification.
ANNEXED TO THE SUPREME ACADEMIC DETERMINATION ON ASYNCHRONOUS INSTRUCTION, COMPETENCY-BASED ASSESSMENT AND RECOGNITION OF ACQUIRED LEARNING
ENTERED INTO THE GENERAL ACADEMIC REGISTER
PROMULGATED BY THE SUPREME ACADEMIC AUTHORITY
UNIVERSITY OF XARAGUA
BY AUTHORITY OF THE OFFICE OF THE RECTOR-PRESIDENT
SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA

OFFICE OF THE RECTOR-PRESIDENT

SUPREME CONSTITUTIONAL AUTHORITY

UNIVERSITY OF XARAGUA

GENERAL ARCHIVES OF THE STATE

SUPREME CONSTITUTIONAL AND ACADEMIC LAW ON THE CONSTITUTIVE ACCREDITATION, INDIGENOUS JURIDICAL AUTHORITY, INSTITUTIONAL COMPETENCE, ACADEMIC AUTONOMY, CONFERRAL CAPACITY, AND EXTERNAL LEGAL CLASSIFICATION OF THE UNIVERSITY OF XARAGUA

Official Reference: SCIPS-X/ORP/UX/ACC

Legal Classification: Supreme Constitutional Academic Instrument — Indigenous Institutional Accreditation Law — Organic Statute of Higher Education — Declaratory Law of Academic Status

Constituting Authority: Ancestral People of Xaragua

Accrediting Authority: Xaraguayan Indigenous Academic Order

Accredited Institution: University of Xaragua

Institutional Classification: Supreme Academic Institution of the State

Normative Rank: Constitutional, organic, statutory, customary, academic, and institutional

Temporal Effect: Permanent and continuous

Material Effect: Constitutive, declaratory, regulatory, evidentiary, and opposable within the Xaraguayan legal order

PREAMBLE

WHEREAS:

a) the ancestral People of Xaragua constitutes the originating holder of the rights of self-determination, institutional autonomy, internal self-government, cultural continuity, juridical organization, and educational jurisdiction protected by common Article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, and by Articles 3, 4, 5, 14, 18, 20, 31, 33, 34, and 39 of the United Nations Declaration on the Rights of Indigenous Peoples;

b) the Sovereign Catholic Indigenous and Private State of Xaragua constitutes the internal constitutional, institutional, administrative, academic, and juridical form through which the ancestral People of Xaragua exercises its inherent collective competences, without the juridical existence of those competences being contingent upon their prior delegation, incorporation, certification, or confirmation by an external legal order;

c) the University of Xaragua was constituted by the competent organs of the Xaraguayan Indigenous order, incorporated into the constitutional structure of the State, and vested with permanent academic personality, statutory autonomy, institutional succession, curricular jurisdiction, credentialing competence, and authority over its internal standards of admission, instruction, assessment, certification, and academic discipline;

d) Article 14(1) of the United Nations Declaration on the Rights of Indigenous Peoples expressly recognizes the right of Indigenous peoples to establish and control their educational systems and institutions, while Articles 5, 31, 33, and 34 thereof protect their distinct institutions, knowledge systems, institutional identity, juridical systems, customs, and procedures;

e) Articles III, VI, XIII, XIV, XV, XXI, XXII, and XXIII of the American Declaration on the Rights of Indigenous Peoples recognize collective identity, juridical personality, systems of knowledge, autonomous education, Indigenous law, jurisdiction, institutional autonomy, and the right of Indigenous peoples to establish and control educational systems and institutions;

f) Articles 2, 5, 6, 7, 8, 26, 27, 28, and 29 of the Indigenous and Tribal Peoples Convention, 1989 (ILO Convention No. 169) require respect for Indigenous institutions and expressly recognize the right of the peoples concerned to establish their own educational institutions and facilities;

g) Article 13(4) of the International Covenant on Economic, Social and Cultural Rights protects the liberty of individuals and bodies to establish and direct educational institutions, subject to applicable minimum standards, while Articles 18, 19, 22, and 27 of the International Covenant on Civil and Political Rights protect freedom of religion, expression, association, and cultural participation;

h) Articles 26 and 27 of the Universal Declaration of Human Rights, Article 29 of the Convention on the Rights of the Child, and Article 5(1)(b) and (c) of the UNESCO Convention against Discrimination in Education protect educational institutional liberty, cultural participation, parental choice, and the conduct of educational activities by distinct communities;

i) Canons 208, 211, 215, 216, 217, 218, 225, 229, 298, 299, 321, 323, 327, and 329 of the Code of Canon Law recognize the rights of the Christian faithful to establish and direct associations, undertake apostolic initiatives, receive and provide Christian education, cultivate the sacred sciences, and administer lawful private institutions;

j) Canons 793–795, 800 §1, 807, 809, and 814 of the Code of Canon Law recognize the institutional competence of the Church in matters of schools, universities, higher institutes, education, and scientific autonomy, subject to the distinct canonical requirements governing the use of ecclesiastical titles and the conferral of degrees producing canonical effects;

k) accreditation, legal recognition, professional authorization, credential equivalency, administrative registration, canonical approval, and authorization to operate within an external jurisdiction constitute separate juridical acts, governed by separate legal orders and productive of separate legal effects;

THE SUPREME CONSTITUTIONAL AUTHORITY HEREBY ENACTS:

ARTICLE 1 — OBJECT AND SCOPE

a) This Law determines the juridical foundation, competent authority, institutional scope, normative effects, and external classification of the accreditation held by the University of Xaragua.

b) This Law applies to every constitutional organ, administrative authority, academic body, faculty, institute, school, programme, registry, archive, credential, appointment, academic act, and institutional representation operating under the authority of the University of Xaragua.

c) This Law governs the legal characterization of the University within the Xaraguayan constitutional and academic order and determines the terminology applicable to any external statement concerning its accreditation.

ARTICLE 2 — ORIGINATING EDUCATIONAL JURISDICTION

a) Educational jurisdiction belongs inherently to the ancestral People of Xaragua as an incident of self-determination, internal self-government, institutional autonomy, cultural transmission, and collective juridical personality pursuant to common Article 1 of the ICCPR and ICESCR and Articles 3, 4, 5, 14, 31, 33, and 34 of UNDRIP.

b) Such jurisdiction is original and constitutive; it is neither derivative from nor legally contingent upon an administrative delegation issued by an external ministry, legislature, accreditation agency, professional corporation, territorial authority, or private evaluating body.

c) The exercise of that jurisdiction includes competence to:

a) establish institutions of higher education;

b) determine their constitutional and statutory status;

c) confer institutional personality;

d) establish academic authorities and governing organs;

e) approve faculties, institutes, departments, programmes, and curricula;

f) prescribe admission, instruction, assessment, and graduation standards;

g) appoint, regulate, and remove academic personnel;

h) issue academic awards and institutional credentials;

i) establish internal quality-assurance and accreditation procedures; and

j) determine the legal effects of academic acts within the Xaraguayan order.

ARTICLE 3 — CONSTITUTIONAL STATUS OF THE UNIVERSITY

a) The University of Xaragua is the Supreme Academic Institution of the Sovereign Catholic Indigenous and Private State of Xaragua.

b) The University possesses permanent institutional personality, constitutional continuity, statutory autonomy, academic jurisdiction, administrative capacity, patrimonial capacity, archival authority, and competence to adopt binding internal regulations.

c) The University exercises its authority under the constitutional mandate of the ancestral People of Xaragua and through the organs designated by the Constitution, the Office of the Rector-President, the University statutes, and the laws of the Xaraguayan academic order.

d) The University is not constituted as an administrative dependency of an external educational system and does not derive its internal legal existence from entry in an external registry.

ARTICLE 4 — FORMAL ACCREDITATION

a) The University of Xaragua is formally accredited by the Xaraguayan Indigenous Academic Order under the constitutional authority of the ancestral People of Xaragua.

b) The accreditation established under paragraph a) constitutes:

a) institutional authorization;

b) constitutional recognition;

c) academic jurisdiction;

d) statutory confirmation;

e) authority to organize higher education;

f) authority to establish academic programmes;

g) authority to assess academic performance;

h) authority to issue internal academic credentials; and

i) authority to maintain an institutional system of academic quality control.

c) The accrediting authority is competent by operation of Articles 3, 4, 5, 14, 31, 33, and 34 of UNDRIP; Articles III, VI, XIV, XV, XXI, XXII, and XXIII of the American Declaration on the Rights of Indigenous Peoples; and Articles 5, 7, 8, and 27 of ILO Convention No. 169.

d) The validity of the accreditation is determined by the constitutive law of the accrediting order and cannot be extinguished by the absence of accreditation from a separate external order.

ARTICLE 5 — LEGAL CONTENT OF INDIGENOUS EDUCATIONAL CONTROL

a) The expression “establish and control their educational systems and institutions” contained in Article 14(1) of UNDRIP necessarily comprises the regulatory powers indispensable to institutional operation.

b) Those regulatory powers include authorization, governance, supervision, standard-setting, inspection, evaluation, accreditation, certification, curriculum determination, institutional discipline, and preservation of academic records.

c) Any construction recognizing an Indigenous people’s competence to establish an educational institution while denying its competence to authorize, supervise, or accredit that institution would sever the operative powers inherent in institutional control and deprive Article 14(1) of practical and juridical effect.

d) Pursuant to the principles of good-faith interpretation, effectiveness, contextual interpretation, and object and purpose reflected in Articles 26 and 31 of the Vienna Convention on the Law of Treaties, the right protected by Article 14(1) shall be interpreted as an effective institutional competence and not as a merely symbolic permission.

ARTICLE 6 — INTERNATIONAL LAW OF EDUCATIONAL PLURALISM

a) Article 13(4) of the ICESCR protects the liberty of individuals and bodies to establish and direct educational institutions and thereby excludes any presumption that the establishment of educational institutions constitutes an exclusive monopoly of a single territorial administration.

b) Article 27 of the ICCPR protects the collective enjoyment of culture, religion, and language; Articles 18 and 22 protect religious and associational organization; and Article 19 protects the receipt and transmission of information and knowledge.

c) Articles 26 and 27 of the Universal Declaration of Human Rights, Article 29 of the Convention on the Rights of the Child, and Article 5 of the UNESCO Convention against Discrimination in Education recognize educational choice, institutional liberty, cultural education, and the maintenance of distinct educational activities.

d) The University’s legal capacity accordingly rests upon cumulative and mutually reinforcing titles under Indigenous collective rights, freedom of education, freedom of association, freedom of religion, cultural rights, academic freedom, and institutional autonomy.

ARTICLE 7 — INTER-AMERICAN JURIDICAL DOCTRINE

a) The Inter-American Court of Human Rights has recognized the collective juridical personality, institutional continuity, customary norms, representative authorities, and autonomous decision-making structures of Indigenous and tribal peoples in:

a) Mayagna (Sumo) Awas Tingni Community v. Nicaragua, Judgment of 31 August 2001;

b) Yakye Axa Indigenous Community v. Paraguay, Judgment of 17 June 2005;

c) Sawhoyamaxa Indigenous Community v. Paraguay, Judgment of 29 March 2006;

d) Saramaka People v. Suriname, Judgment of 28 November 2007;

e) Xákmok Kásek Indigenous Community v. Paraguay, Judgment of 24 August 2010;

f) Kichwa Indigenous People of Sarayaku v. Ecuador, Judgment of 27 June 2012; and

g) Indigenous Communities of the Lhaka Honhat Association v. Argentina, Judgment of 6 February 2020.

b) The principles established in that jurisprudence preclude the reduction of Indigenous juridical personality to recognition by external administrative discretion and require legal protection of the institutions necessary to cultural continuity and autonomous collective existence.

c) The educational and academic institutions established by an Indigenous people fall within the institutional structures protected by the rights to collective identity, cultural integrity, participation, consultation, communal organization, and autonomous development.

ARTICLE 8 — CANONICAL CAPACITY OF FOUNDATION

a) The canonical foundation of the University proceeds from the cumulative operation of Canons 215, 216, 217, 218, 225, 229, 298, 299, 321, 323, 327, and 329 of the Code of Canon Law.

b) Under those provisions, the Christian faithful possess juridically protected competence to:

a) establish and direct private associations;

b) pursue charitable, cultural, educational, and apostolic purposes;

c) undertake initiatives corresponding to the Christian apostolate;

d) receive and provide Christian formation;

e) acquire knowledge of Christian doctrine and sacred sciences;

f) conduct scholarly inquiry with legitimate academic freedom; and

g) establish institutional means necessary to those lawful purposes.

c) The canonical autonomy of private associations under Canons 299 and 321 authorizes internal governance according to their statutes, subject to the supervisory competence established by universal canon law.

d) The University’s juridical foundation therefore aggregates Indigenous constitutional authority and the canonical institutional capacity of the faithful without confusing the respective jurisdictions or legal effects of those orders.

ARTICLE 9 — CANONICAL CLASSIFICATION AND RESERVED EFFECTS

a) Canons 800 §1 and 807 recognize the right of the Church to establish and direct schools and universities, while Canons 809 and 814 recognize academic autonomy and extend the university regime to other institutes of higher studies.

b) The University of Xaragua is classified as an Indigenous institution of higher studies established upon a Catholic institutional foundation.

c) The University is not, solely by operation of this Law:

a) an ecclesiastical university or faculty erected or approved by the Apostolic See under Canon 816;

b) authorized to confer degrees producing canonical effects under Canon 817; or

c) authorized to employ a canonically reserved institutional title where prior consent is required under Canons 803 §3 or 808.

d) The absence of any reserved canonical effect enumerated in paragraph c) does not affect the University’s Indigenous constitutional accreditation, institutional personality, academic operation, or authority to confer credentials within the Xaraguayan academic order.

ARTICLE 10 — SEPARATION OF JURIDICAL REGIMES

a) The following determinations are autonomous and shall not be legally conflated:

a) Indigenous institutional accreditation;

b) external civil accreditation;

c) administrative authorization to operate in an external territory;

d) programme-specific accreditation;

e) professional licensure;

f) credential evaluation or equivalency;

g) transfer-credit recognition;

h) immigration-related academic recognition;

i) eligibility for external public funding; and

j) recognition of canonical academic effects.

b) Each determination is governed by the law, competent authority, procedures, evidentiary requirements, and territorial scope of the legal order from which it proceeds.

c) The absence of one determination does not invalidate another determination issued by a separately competent authority.

d) External non-recognition constitutes a limitation upon the production of legal effects within the non-recognizing order; it does not constitute juridical nullification of the originating institutional act.

ARTICLE 11 — LEGAL DEFECT OF THE TERM “UNACCREDITED”

a) The unqualified designation of the University of Xaragua as “unaccredited” is legally defective because it suppresses the existence of the Xaraguayan accrediting authority and represents the absence of accreditation from an unidentified external order as the absence of accreditation under every legal order.

b) A legally sufficient statement concerning accreditation shall identify:

a) the jurisdiction whose accreditation is at issue;

b) the competent authority within that jurisdiction;

c) the applicable constitutional, statutory, regulatory, or professional provision;

d) the institutional or programme category concerned;

e) the legal procedure required for recognition;

f) the date and status of the determination;

g) the territorial scope of the resulting effects; and

h) the precise civil, academic, professional, or canonical consequence asserted.

c) In the absence of the elements prescribed by paragraph b), the expression “unaccredited” constitutes an incomplete classification incapable of establishing the University’s general juridical status.

d) Where the intended proposition concerns the absence of accreditation by a particular external authority, the legally permissible formulation shall be restricted to that authority and jurisdiction.

ARTICLE 12 — AUTHORIZED TERMINOLOGY

a) The official juridical formulation is:

“The University of Xaragua is constitutionally established and institutionally accredited by the Xaraguayan Indigenous Academic Order under the originating authority of the ancestral People of Xaragua.”

b) Where external recognition is at issue, the applicable formulation is:

“The University of Xaragua holds Indigenous institutional accreditation within the Xaraguayan constitutional and academic order. Recognition, equivalency, professional authorization, administrative registration, or canonical effects within any external jurisdiction remain separate determinations governed exclusively by the competent authority and applicable law of that jurisdiction.”

c) No external classification shall be represented as universal where its legal effects are jurisdictionally limited.

ARTICLE 13 — EVIDENTIARY STATUS OF UNIVERSITY ACTS

a) University statutes, constitutional acts, accreditation instruments, faculty acts, programme regulations, appointment instruments, academic registers, transcripts, diplomas, certificates, attestations, and archival entries constitute official institutional records of the Xaraguayan academic order.

b) Such records possess the evidentiary force conferred upon them by Xaraguayan constitutional, administrative, customary, and academic law.

c) Their admissibility or evidentiary weight before an external authority shall be determined under the conflict-of-laws, evidence, administrative, educational, or professional rules applicable before that authority.

d) External evidentiary assessment shall not alter the originating legal character of the instrument within the Xaraguayan order.

ARTICLE 14 — PROHIBITION OF INSTITUTIONAL NULLIFICATION BY PRESUMPTION

a) No external silence, omission from a foreign registry, absence of treaty recognition, non-membership in an external association, or lack of evaluation by a foreign agency shall be construed within Xaraguayan law as extinguishing the University’s constitutional establishment or Indigenous accreditation.

b) Nullity, suspension, withdrawal, or modification of the University’s Indigenous accreditation may occur only through an express act of the competent Xaraguayan constitutional and academic authority adopted in accordance with applicable law.

c) No subordinate administrative organ, private organization, publication platform, automated classification system, or external evaluating entity possesses competence to repeal, suspend, or annul an accreditation issued under the Xaraguayan legal order.

ARTICLE 15 — FINAL DECLARATION

a) The University of Xaragua is an accredited Indigenous institution of higher education.

b) Its accreditation proceeds from the original educational jurisdiction of the ancestral People of Xaragua and is exercised through the constitutional and institutional order of the Sovereign Catholic Indigenous and Private State of Xaragua.

c) Its legal foundation is established cumulatively under:

a) common Article 1 of the ICCPR and ICESCR;

b) Articles 3, 4, 5, 14, 18, 20, 31, 33, and 34 of UNDRIP;

c) Articles III, VI, XIII, XIV, XV, XXI, XXII, and XXIII of the American Declaration on the Rights of Indigenous Peoples;

d) Articles 2, 5, 6, 7, 8, and 26–29 of ILO Convention No. 169;

e) Articles 13 and 15 of the ICESCR;

f) Articles 18, 19, 22, and 27 of the ICCPR;

g) Articles 26 and 27 of the Universal Declaration of Human Rights;

h) Article 29 of the Convention on the Rights of the Child;

i) Article 5 of the UNESCO Convention against Discrimination in Education; and

j) Canons 208, 211, 215–218, 225, 229, 298–299, 321–323, 327–329, 793–795, 800, 807, 809, and 814 of the Code of Canon Law.

d) The absolute assertion that the University of Xaragua is “unaccredited” is hereby determined to be factually inaccurate and juridically false.

e) A statement limited to the absence of recognition by a specifically identified external authority shall produce no effect beyond the territorial, administrative, professional, academic, or canonical jurisdiction of that authority.

ARTICLE 16 — ENTRY INTO FORCE

a) This Law enters into force immediately upon promulgation.

b) It shall be incorporated into the constitutional academic corpus, the University statutes, the State Register of Institutions, and the General Archives of the State.

c) All University organs shall interpret prior academic instruments consistently with this Law.

d) This Law shall remain in force until expressly amended or repealed by an instrument of equal or superior normative rank.

ENACTED UNDER THE SUPREME CONSTITUTIONAL AUTHORITY OF THE ANCESTRAL PEOPLE OF XARAGUA.

PROMULGATED BY THE OFFICE OF THE RECTOR-PRESIDENT.

REGISTERED IN THE GENERAL ARCHIVES OF THE STATE.