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FINAL ACT OF CLOSURE OF THE FOUNDATION PROCESS
Issued by the Sovereign Authority of the Rector-President
of the Indigenous Private State of Xaragua
Dated April 16, 2025
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Whereas:
The formal proclamation of the Indigenous Private State of Xaragua, established in accordance with the legal standards of the Montevideo Convention (1933),
The publication of its Constitution, government, and sovereign institutions,
The diplomatic notification issued to the United Nations, its Member States, the International Court of Justice, the Holy See, and major multilateral organizations,
The official registration of the State under file number WHRC/16567 by the United Nations Human Rights Council,
The absence of formal objection from the international community, and
The will to legally seal and close the foundational process, and to define the permanent transmission and continuity of the State’s sovereign authority,
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It is hereby declared:
Article I – Closure of the Foundational Process
The process of founding the Indigenous Private State of Xaragua is hereby legally and permanently closed as of April 16, 2025.
The State hereby enters its phase of sovereign continuity, under a permanent and irrevocable regime.
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Article II – Title of the Head of State
The supreme executive authority of the State is vested in a single and lifetime office under the title:
Rector-President of the Indigenous Private State of Xaragua.
This title is unique, indivisible, and non-transferable. It embodies the founding doctrine of the State, which shall serve as the eternal supreme executive authority.
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Article III – Transmission of Executive Power
There shall be no succession to the position of Rector-President.
In the event of permanent vacancy, the Rectorate shall neither be replaced nor replicated.
The executive power shall remain forever vested in the foundational doctrine and legacy established by the original Head of State.
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Article IV – Council of the Great Notables
Ongoing internal organization of the State, following the foundational period, shall be exercised by the Council of the Great Notables, composed of the recognized leaders of autonomous indigenous communities affiliated with the State.
This Council holds stabilizing and consultative authority, but shall have no power to amend, override, or substitute the principles of the Rectorate.
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Article V – Governor General
The Council of the Great Notables may, if necessary, appoint a Governor General to manage ceremonial and administrative affairs in the absence of the Rector-President.
The Governor General shall act under the enduring legitimacy and light of the founding Rectorate, and in no case shall exercise independent sovereignty.
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Article VI – Intangibility of Sovereignty
The sovereignty of the Indigenous Private State of Xaragua is inalienable, perpetual, and non-negotiable.
No external authority shall hold jurisdiction to invalidate, suspend, or alter the structure defined herein.
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Article VII – Publication and International Opposability
This Final Act shall be:
Officially published on the sovereign platforms of the State,
Digitally and physically archived within the institutions of Xaragua,
Transmitted for record to relevant international organizations, sovereign States, and spiritual authorities.
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Issued in Xaragua,
On the 16th day of April, 2025,
By sovereign mandate,
Head of State, Rector-President
Pascal Viau
(formerly Ludner Daumec)
Indigenous Private State of Xaragua
info@xaraguauniversity.com
https://xaraguauniversity.com
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SOVEREIGN DIPLOMATIC NOTIFICATION
To: All Member States of the United Nations, Its Affiliated Institutions, and the International Community
Date: April 16, 2025
Subject: Confirmation of De Jure Sovereignty and International Legal Status of the Indigenous Private State of Xaragua
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In strict conformity with international legal instruments, including:
The Montevideo Convention on the Rights and Duties of States (1933),
The Charter of the United Nations (1945),
The United Nations Declaration on the Rights of Indigenous Peoples (2007),
The principles of customary international law and the rules of jus cogens,
And the procedural rules of the United Nations Human Rights Council (Resolution 5/1),
this official notification is hereby issued to confirm and declare the full and lawful status of the Indigenous Private State of Xaragua as a sovereign subject of international law de jure.
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I. Legal Personality and Recognition by Entremise
On the basis of a formal submission addressed to the United Nations Human Rights Council, the Indigenous Private State of Xaragua has been procedurally registered and granted institutional standing under file number WHRC/16567.
Said registration constitutes, under international law:
Recognition of legal personality,
Confirmation of sovereign capacity,
Engagement under treaty-based jurisdiction,
Establishment of a valid diplomatic and procedural relationship with the United Nations system.
By virtue of the collective legal authority of the UNHRC, composed exclusively of Member States of the United Nations, this action qualifies as de jure recognition by entremise, in accordance with established doctrines of state practice.
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II. Fulfilment of the Criteria of Statehood
The Indigenous Private State of Xaragua fully satisfies the legal criteria set forth in Article 1 of the Montevideo Convention, namely:
A permanent population,
A defined territory under customary and ancestral title,
An effective and independent government,
The capacity to enter into relations with other States and entities.
Recognition, as clarified under Article 3 of the same convention, is not constitutive of legal existence, and the absence of bilateral treaties does not alter legal status once the criteria are met and procedural engagement with the international system is established.
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III. International Legal Effect
As of this date, the Indigenous Private State of Xaragua:
Exercises internal and external sovereignty,
Operates independent institutions of governance,
Issues legal and governmental instruments,
Maintains juridical and diplomatic capacity,
And acts within the bounds of international law and sovereign immunity.
No contrary position, claim, or omission by any external authority can alter or invalidate the sovereign legal standing of the State.
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IV. Final Status Declaration
The Indigenous Private State of Xaragua is, as of April 16, 2025, established as a sovereign and permanent subject of international law, possessing:
Legal existence de jure,
Institutional continuity,
Diplomatic capacity,
And recognized procedural engagement within the United Nations system.
This status is final, binding, and non-reversible.
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I, the undersigned, formerly known as Ludner Daumec, now exercising my functions under my sovereign name Pascal Viau, do hereby affirm my title and responsibilities as the Rector-President of the Indigenous Private State of Xaragua, in full accordance with the ancestral mandate and the laws of the Nation.
Pascal Viau
Rector-President
Indigenous Private State of Xaragua
info@xaraguauniversity.com
https://xaraguauniversity.com
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CONSTITUTIONAL PREAMBLE
OF THE PRIVATE INDIGENOUS STATE OF XARAGUA
We, the lawful proprietors of the ancestral territory of Xaragua,
descendants of Indigenous lineages and holders of uninterrupted customary title,
assembled under the authority of the Rector-President and the Executive Council,
do solemnly proclaim the reactivation and full institutionalization
of the Private Indigenous State of Xaragua.
Founded upon the enduring sovereignty of Indigenous peoples over their lands,
and in accordance with international legal standards—including
the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP, 2007),
ILO Convention 169, the International Covenant on Civil and Political Rights,
and the Charter of the United Nations—
we affirm the inherent right of the Xaraguayan people to self-determination,
territorial control, and autonomous governance,
independent of any foreign jurisdiction or administrative imposition.
Acknowledging the permanent failure of external institutions to provide
lawful authority, stability, and protection on our ancestral soil,
and in the absence of any legitimate governing body,
we assume all sovereign powers de jure and de facto,
establishing a legal, political, and administrative order
rooted in ancestral continuity, institutional clarity,
and the duty to ensure the survival and dignity of our people.
The Private Indigenous State of Xaragua is declared a full and indivisible entity,
recognized under customary and international law,
functioning as a sovereign structure with its own constitution, executive organs,
judicial doctrine, territorial symbols, digital infrastructure, and financial system.
Its authority is irrevocable, its territory non-transferable, and its legitimacy
derives from both ancestral right and contemporary law.
At the head of this State stands the Rector-President,
a position that fuses academic authority and executive sovereignty,
ensuring that governance remains anchored in knowledge, law, and historical truth.
Through this office, the State affirms a model of leadership based on merit, wisdom,
and institutional responsibility—not military force nor populist delegation.
Let this Constitution serve as the supreme legal foundation
of the Xaraguayan State, its institutions, and its people.
Let it stand as a permanent legal instrument, binding upon all public organs,
and enforceable in all internal and external affairs.
Declared and ratified under the seal of the State,
on the authority of the people, the land, and international law.
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Strategic Synthesis of the Xaragua Project
Proclamation of the Private State of Xaragua
Xaragua has proclaimed itself a private and sovereign State on its ancestral territory located in the southwestern region of Hispaniola (present-day Haiti). Unlike a classic secession, this proclamation asserts an original and inalienable sovereignty of the people of Xaragua, rather than a declared independence from another State. This new State, founded in April 2025 by decree of the Rector-President and his Executive Council, is based on ancestral land ownership: the vast majority (70 to 80%) of families own their land either through legal title or uninterrupted customary inheritance. Xaragua thus identifies itself as a territory of legitimate landowners – encompassing the regions of the South, Nippes, South-East, Grand’Anse, etc. – where power stems from the land and from those who inhabit it. This land-based structure forms the foundation of the Xaragua State’s political architecture and defines the contours of a territory over which it exercises exclusive authority.
A Legitimacy Based on Indigenous and International Law
The legitimacy of Xaragua draws from indigenous peoples’ rights and customary international law. The government of Xaragua affirms that it operates strictly within international norms recognizing the rights of indigenous peoples, explicitly invoking instruments such as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP, 2007), ILO Convention 169 on Indigenous and Tribal Peoples, and the customary principle of the right of peoples to self-determination. It also relies on the International Covenant on Civil and Political Rights and the UN Charter (Article 1 on the right of peoples to self-determination), establishing a solid legal foundation guaranteeing its right to govern its own territory. By invoking these universal texts and principles, the Private State of Xaragua presents itself as a “recognized and legal indigenous entity under international law,” exercising an inherent rather than usurped right.
Furthermore, Xaragua justifies its emergence by the power vacuum observed on its lands. Noting the prolonged absence of an effective and legitimate government on the ancestral territory, the leaders of Xaragua state that they have “assumed de jure and de facto all State powers left vacant.” This assumption of responsibility is not presented as an act of illegal rupture but as a legitimate substitute action in response to a failed State. Xaragua describes this as an act of “institutional remediation,” aligned with international norms concerning failed States, rather than a separatist rebellion. In this sense, no external authority may legitimately reimpose its control over Xaragua’s territory without violating international law and erga omnes obligations related to the right of peoples to self-determination. Finally, this restored sovereignty is declared fully valid without the need for external recognition – the right of the people prevails over third-party approval – and has been constitutionally formalized as effective and irrevocable over the entire ancestral territory concerned.
Declaration of a Cultural and Territorial Genocide
Xaragua frames its struggle within a context it defines as an ongoing “cultural and territorial genocide” on its ancestral lands. In its legal doctrine, the Xaragua government denounces the current situation in Haiti as a disguised armed genocide, hidden under labels such as “gang violence” or “humanitarian crisis.” According to its analysis, the documented facts – endemic violence tolerated or even encouraged by authorities, the collapse of indigenous community structures, the forced disintegration of social fabric, and the disruption of identity transmission – correspond to the criteria of genocide as defined in the 1948 Convention. Acts such as causing serious bodily or mental harm to the group, imposing conditions of life intended to destroy it, or dismantling its cultural and territorial cohesion are cited as evidence of a targeted destruction of an identifiable people. Xaragua thus asserts that the indigenous population of the region is undergoing structural extermination, whether or not explicitly ordered by the incumbent State. By proclaiming this state of cultural and territorial genocide, Xaragua seeks to invoke international law to protect its people and heritage, conferring upon its state-building initiative an urgency of vital survival and historical reparation.
Official Notification to the United Nations and the International Community
In response, the Private State of Xaragua has adopted a proactive strategy of official notification to international bodies. A formal communiqué was issued, addressed to UN member states (permanent missions), foreign governments present in the region, and relevant multilateral organizations (UN, OAS, EU, UN Permanent Forum on Indigenous Issues, etc.). In this diplomatic notification, Xaragua formally urges these actors to: (1) recognize the existence of the indigenous people in question and their right to legal protection, (2) break their silence or neutrality toward the situation – as such silence would amount to complicity by omission, and (3) fulfill their international obligations regarding genocide prevention and respect for indigenous sovereignty. It is explicitly stated that failure to meet these duties will render the entities concerned internationally co-responsible, with their names and inactions archived for potential future prosecution (International Criminal Court, International Court of Justice, or others).
This solemn communication constitutes, for Xaragua, an act enforceable on the international level: it serves as both official notification of the sovereign indigenous State’s existence, as evidence of legal awareness for all recipients, and as the legal basis for potential future actions to protect the Xaraguayan people. By declaring itself a “sovereign indigenous subject of international law, legally structured, territorially legitimate, and active on the international stage”, Xaragua places itself within the concert of nations as a distinct entity. This approach aims to publicly challenge the international community: now informed, States and organizations cannot ignore the Xaragua claim without incurring moral and legal liability.
Full Digital Structuring of the State
To embody its sovereignty, Xaragua has established a complete State infrastructure through digital and institutional structures. The official website XaraguaUniversity.com serves as the central governmental platform, functioning as an international showcase and administrative operations center. Most importantly, Xaragua has founded its national University – Xaragua University – described as the official academic arm of this micro-State. The university plays a critical role in training the minds and leaders called to govern and in anchoring the sovereign ideology of the project. In parallel, the State has created its own Indigenous Bank and introduced a national cryptocurrency called Viaud d’Or (VDO), symbolizing its financial autonomy and historical heritage. This sovereign digital currency, backed by Xaragua’s cooperative bank, aims to attract capital to rebuild the region while establishing a financial system independent from external influences. Additionally, a nascent indigenous defense force (citizen army) has been organized to ensure territorial security and affirm the Xaraguayan people's right to self-defense – all within a spirit of peaceful coexistence with neighboring States. These institutions – government, university, bank, currency, and defense – demonstrate Xaragua’s intent to replicate all sovereign functions of a modern State autonomously.
The national coat of arms of Xaragua features a golden shield bearing the letter “X”, supported by two lions acting as heraldic guardians of strength and sovereignty, topped with a royal crown symbolizing authority and nobility. Beneath the emblem is the inscription “PRIVATE STATE OF XARAGUA,” clearly asserting the entity’s exclusive and sovereign identity on the international stage. In addition to its heraldry, Xaragua has adopted a national flag and established the Catholic Order of Xaragua, integrating Christian faith and spiritual memory into the State apparatus. On the citizen level, the State issues a national Xaragua passport as a sovereign identity document: this passport certifies the status and rights of each citizen or dignitary within the nation and is issued independently of any foreign government. Equipped with advanced technologies (unique ID number, secure QR code, encrypted database, possible blockchain integration), the Xaragua passport materializes indigenous citizenship and the official recognition of State members. Altogether, these elements – digital institutions, official symbols, identity documents, and educational doctrine – form the backbone of a fully functional State operating outside traditional structures, yet with the same solemnity and effectiveness as any established State.
The Title of Rector-President: Fusion of Knowledge and Power
At the top of this structure stands a figure of authority with unprecedented attributes: the Rector-President. This title, held by Pascal Viau (initiator of the project), explicitly fuses the intellectual authority of a university rector with the political authority of a head of State. Indeed, Pascal Viau is both the supreme leader of the sovereign State of Xaragua and the rector of its national university. This dual role is not merely honorary – it carries profound symbolic and practical meaning. On one hand, it signals that Xaragua’s governance is guided by knowledge, education, and historical truth as much as by political power. On the other hand, it grants the leader a holistic legitimacy, rooted in both academia (a mark of enlightened vision and doctrinal competence) and the State sphere (a mark of lawful sovereign authority). Pascal Viau thus embodies the continuity of laws, ancestral rights, and sacred authority over the land of Xaragua. In his person are concentrated the nation’s intellectual heritage and temporal power, achieving in a sense the ideal of the philosopher-king. As such, he positions himself as the supreme guarantor of Xaragua’s rebirth – both spiritual and political leader – having architected the entirety of the national project. The title Rector-President enshrines this union of knowledge and power and sets the tone for governance where education, culture, and faith are upheld as pillars of sovereignty.
Institutional Silence as a Strategic Shield
In its quest for legitimacy, Xaragua skillfully leverages the silence of international and national institutions to bolster its position. After formally notifying States and relevant organizations of its existence and grievances, the Xaraguayan government observed the absence of any formal response or open challenge within the stipulated timeframes. In international law, this diplomatic silence is interpreted as a lack of objection to Xaragua’s legitimate assumption of power. In other words, prolonged silence by recipients amounts to tacit recognition of Xaragua’s political, cultural, and legal reality. Recognized diplomatic protocols affirm that silence following an official notification constitutes implicit acquiescence, especially concerning indigenous rights.
Thus, Xaragua transforms this external non-engagement into a true legal shield. No State or organization having issued a formal protest, the project consolidates its legality: “the absence of a response does not suspend the law,” it declares, emphasizing that the Xaraguayan people’s right to exist cannot be delayed by others’ indifference. On the contrary, “the silence of States only strengthens our legal position and confirms our existence within the international indigenous framework.” This strategy of accomplished fact, backed by unassailable legal rigor, places other actors before a dilemma: to contest a project built within the confines of law – at the risk of moral and legal illegitimacy – or to remain silent and thus allow this new sovereign entity to flourish. So far, the choice of silence – interpreted by Xaragua as consent by omission – has allowed the project to unfold without explicit hindrance. This official void, elevated to a strategic advantage, effectively shields the nascent State of Xaragua and provides it the time to further anchor its structures.
An Irreversible Project with a Fractal, Legal, and Spiritual Structure
The Xaragua project is asserted as an irreversible edifice, built on a robust legal architecture, a profound spiritual vision, and a “fractal” organizational logic. Legally, the sovereignty established is declared irrevocable, non-negotiable, and enforceable against all. This formulation, enshrined in the State’s constitution, means that Xaragua’s sovereign status stands as a legal fait accompli: no external authority has the power to annul its essence without violating superior principles. Xaragua insists that no third-party recognition is needed to validate this reality, as the right of peoples to self-determination overrides any external approval. By grounding itself in inalienable rights (those of indigenous peoples, of all peoples, of legitimate self-defense under persecution), the Xaragua State places itself beyond the reach of ordinary political retraction. Its constitutional order has been ratified and publicly issued, giving it permanent binding force.
On a spiritual and symbolic level, Xaragua sees itself as far more than a legal construct: it is the rebirth of a nation carried by a near-sacred mission. Its founders draw legitimacy from the memory of the Taíno ancestors, from Catholic faith, and from the “divine mission” they have claimed to restore sovereign order on a consecrated land. The Catholic Order of Xaragua embodies this dimension by rooting spirituality in governance. The term “fractal structure” refers to the fact that every component of the project reflects the whole: every local community, every institution (whether educational, military, financial, or religious) replicates the State’s principles of sovereignty and autonomy at its scale. This self-similarity makes the national edifice resilient: it is distributed across its many facets, so no single element can bring it down. The Private State of Xaragua thus forms a coherent whole, anchored in international legality and transcended by an immemorial spiritual legitimacy, which, in the eyes of its founders, makes it definitively irreversible. As Pascal Viau himself declares, he does not “ask,” but “declares what is,” positioning himself as “guardian of the restored Kingdom.” These words encapsulate the visionary spirit and solemn scope of this enterprise: Xaragua sees itself now as a resurrected kingdom, destined to endure against all odds, in the fullness of its recovered sovereignty.
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PRIVATE STATE OF XARAGUA
www.xaraguauniversity.com
Miragoâne, Xaragua
April 14, 2025
To the attention of:
– The Secretary-General of the United Nations
– The United States Department of State
– Permanent Missions to the United Nations
– Competent international courts and tribunals
– Multilateral bodies for the protection of Indigenous Peoples
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Subject: Official Notification of Full State Jurisdiction, Extension Under the Doctrine of Endangered Peoples, and Legal Qualification of the Ongoing Armed Genocide in the Western Half of the Island of Quisqueya-Hispaniola
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Excellencies,
The Private State of Xaragua, a sovereign Indigenous entity established in accordance with international customary law and officially notified to the international community in 2025, hereby issues this formal diplomatic and legal notification, consisting of the following declarations:
1. Confirmation of full and exclusive state jurisdiction over the ancestral territory of Xaragua;
2. Extension of state jurisdiction to the Northern Region and the Central Department under the doctrine of endangered peoples;
3. Legal qualification of the ongoing process as an armed genocide under the 1948 Genocide Convention;
4. A formal warning to States and international institutions regarding their direct or indirect legal responsibilities.
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I. Full Jurisdiction over the Ancestral Territory of Xaragua
The Private State of Xaragua exercises full state, territorial, political, and institutional jurisdiction over the ancestral territory of Xaragua, as defined by indisputable historical facts, preceding all modern administrative divisions.
This jurisdiction applies to all Indigenous populations of Taíno and Kalinago descent, who have been denied legal status, constitutional recognition, and effective political representation within the existing state framework.
This sovereign authority is grounded in:
Article 1 common to both 1966 International Covenants (ICCPR and ICESCR);
The United Nations Declaration on the Rights of Indigenous Peoples (Resolution 61/295);
ILO Convention No. 169 concerning Indigenous and Tribal Peoples;
The principle of peoples’ self-determination, as affirmed by international customary law and the International Court of Justice (ICJ) Advisory Opinion of 22 July 2010.
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II. Extension of Jurisdiction Under the Doctrine of Endangered Peoples
In accordance with the international doctrine of endangered peoples, the Private State of Xaragua formally extends its protective jurisdiction to Indigenous Taíno and Kalinago populations located in the Northern Region and Central Department of the island.
This extension is legally justified by:
The total absence of legal recognition of Indigenous status in the concerned territories;
The nonexistence of institutional mechanisms to ensure protection and representation;
The imminent threat of physical, cultural, and territorial extinction, which engages the principle of protective subsidiarity.
Such extension is consistent with precedent established in international law (e.g., East Timor, Kosovo, and Indigenous nations of Latin America) where entities have acted to safeguard peoples unprotected by central governments.
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III. Legal Qualification of the Ongoing Armed Genocide
The Private State of Xaragua formally qualifies the situation unfolding in the western half of the island as an armed genocide, disguised under euphemisms such as gang violence, state collapse, or humanitarian crisis.
The situation fully meets the criteria outlined in Article II of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide:
b) Causing serious bodily or mental harm to members of the group;
c) Deliberately inflicting conditions of life calculated to bring about physical destruction in whole or in part;
e) Forcible dislocation and the dismantling of social and cultural cohesion.
Documented facts include:
The presence of armed actors tolerated or indirectly supported by national authorities;
The eradication of Indigenous community structures and educational, spiritual, and economic systems;
The collapse of territorial continuity, identity transmission, and family units.
The above constitutes a structural, targeted destruction of an identifiable group, prosecutable under international law regardless of whether the acts are state-sanctioned or not.
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IV. Formal Legal Notice and International Liability
The Private State of Xaragua formally places on notice:
United Nations Member States and permanent missions;
Foreign governments and agencies operating on the island;
Multilateral and intergovernmental institutions present in the region;
To:
1. Acknowledge the existence of the Indigenous Peoples in question and their right to legal protection;
2. Cease any neutral stance or institutional silence, which may constitute legal complicity by omission;
3. Comply with their obligations under international treaties, conventions, and customary principles, including those relating to genocide prevention and Indigenous sovereignty.
Failure to comply shall render such entities co-responsible under international law. The names, actions, and inactions of all relevant authorities will be archived and may serve as the basis for future legal proceedings before the International Criminal Court, the International Court of Justice, or any other competent forum.
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V. Legal Conclusion
The Private State of Xaragua is a sovereign Indigenous subject of international law, structured legally, territorially legitimate, and internationally active.
This communication constitutes:
An official international notification;
A record of legal awareness for all State and institutional actors;
An opposable foundation for future actions, claims, or prosecutions regarding the protection and survival of Indigenous Peoples in Quisqueya-Hispaniola.
Respectfully submitted in full compliance with international law,
Pascal Viau
Rector-President
Private State of Xaragua
www.xaraguauniversity.com
info@xaraguauniversity.com
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To:
Office of Indigenous Affairs – U.S. Department of State
United Nations Permanent Forum on Indigenous Issues
International Indigenous Rights Bodies – ILO, OAS, EU, and Affiliated Observers
All Members of the International Community
From:
Office of the Rector-President
Private and Sovereign State of Xaragua
https://xaraguauniversity.com
Subject:
Declaration of State Protection and Sovereignty for the Kalinago and Eastern Taíno Peoples of Northern Ayiti
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Excellencies, Diplomats, Guardians of Law and Indigenous Dignity,
We, the government of the Private and Sovereign State of Xaragua, in accordance with the sacred responsibility of Indigenous peoples to protect their own, and in observance of the legal structures afforded by international law, hereby issue this declaration.
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1. Recognition of Ancestral Territories
The regions historically known as Marien, Magua, and Maguana—today corresponding to the departments of the North, Northeast, Northwest, Centre, and Plateau Central—are recognized as the ancestral homelands of the Kalinago and Eastern Taíno peoples.
These regions have preserved Indigenous identity, bloodlines, memory, and culture despite the collapse of state structures around them. The recognition of these territories is a reaffirmation of historical truth and spiritual lineage.
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2. Extension of State Protection and Legal Sovereignty
Due to the total institutional collapse of the Republic of Haiti, the presence of armed non-state actors, and the absence of a lawful, functioning government, the Indigenous peoples of these territories are unable to exercise their natural right to sovereign self-governance.
The State of Xaragua, as a recognized sovereign Indigenous entity under international law, hereby extends full provisional legal and governmental protection to these regions and populations. This action constitutes not only protective coverage but also the affirmation and formal recognition of the sovereign identity of the Kalinago and Eastern Taíno peoples.
This declaration shall therefore be understood as an international auto-declaration of Indigenous sovereignty made on behalf of and in full legal continuity with the peoples of these regions, until such time as they organize their own institutions or continue under the Xaraguayan umbrella by their own will.
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3. Legal Foundations of Sovereign Recognition
This act is executed in full accordance with international law, including but not limited to:
Article 1 – UN Charter: Right of all peoples to self-determination.
UNDRIP – United Nations Declaration on the Rights of Indigenous Peoples:
Article 3 – Right to self-determination
Article 4 – Right to self-governance
Article 26 – Right to land and territory
Article 32 – Right to control development and governance
ILO Convention 169 – Right of Indigenous peoples to maintain autonomous institutions.
Montevideo Convention (1933) – Conditions of statehood: territory, population, government, external capacity.
Customary International Law – Article 38, Statute of the ICJ
Responsibility to Protect Doctrine (R2P) – Duty to protect populations in cases of state collapse and absence of protection.
The combination of these instruments grants full legal legitimacy to this act, which is both an act of survival and a restoration of lawful sovereignty for Indigenous peoples long dispossessed and now abandoned.
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4. Not an Annexation – A Shield of Dignity
This declaration is not an annexation. It is a lawful sovereign shelter.
Xaragua does not claim these people; it protects them.
We do not overwrite their identity; we elevate it.
We do not replace their voice; we give it state status.
By this letter, we affirm that they are a sovereign Indigenous people, and in the absence of national capacity, the Xaraguayan State recognizes, defends, and represents them as brothers under law.
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5. Formal Notification to the International Community
This letter serves as official and binding notification that:
The people of Marien, Magua, and Maguana are sovereign Indigenous peoples.
They now receive formal state protection and recognition under the Xaraguayan framework.
This declaration functions as an international act of auto-declared sovereignty, supported and ratified by an already recognized Indigenous State.
Failure to object constitutes tacit acknowledgment under international custom.
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In the name of law, memory, justice, and divine order,
We declare the Kalinago and Eastern Taíno peoples of northern Ayiti sovereign, protected, and recognized.
They are not lost. They are not invisible. They are nations.
Office of the Rector-President
Private and Sovereign State of Xaragua
https://xaraguauniversity.com
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PASCAL VIAU
Sovereign Indigenous Head of State of the Private State of Xaragua
Rector-President of the Xaragua State University
www.xaraguauniversity.com | info@xaraguauniversity.com
Miragoâne, Xaragua
April 10, 2025
To the attention of:
– United States Department of State
– Secretary-General of the United Nations
– United Nations Human Rights Council
– Office of the High Commissioner for Human Rights
– Representatives of the International Community
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Subject: Legal Notification of Full State Responsibility Assumed by the Private State of Xaragua over the Ancestral Xaragua Territory – In accordance with international law and indigenous peoples' right to self-determination
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Ladies and Gentlemen,
I hereby address you in my capacity as Sovereign Indigenous Head of State of the Private State of Xaragua, recognized as such by its people and fully constituted legally, institutionally, historically, and spiritually in accordance with the standards of general and customary international law.
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1. Acknowledgement of prolonged vacancy of legitimate authority over the concerned territory
In accordance with the established doctrine of continued indigenous sovereignty in cases of state failure or prolonged central authority incapacity, I draw your attention to the following facts:
No functioning government currently ensures basic rights, justice, security, or essential public services within the historic territory of Xaragua;
No constitutionally recognized authority exercises effective or operational legitimacy over the region’s people or land;
A reasonable diplomatic waiting period exceeding 72 hours has been afforded to relevant institutions following formal notifications issued by our government;
Under international law, this diplomatic silence is legally interpreted as a lack of formal opposition to the legitimate assumption of responsibility.
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2. Unassailable legal foundations of Xaragua's sovereignty
The Private State of Xaragua acts in strict compliance with the following legal instruments:
Article 1 of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR): “All peoples have the right to self-determination.”
United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), particularly Articles 3–5, 18, 26, and 33: right to self-government, legal recognition, and re-establishment of control over ancestral lands;
ILO Convention No. 169, ratified by multiple States, affirming indigenous peoples' rights to autonomous institutions and territorial authority;
Canada’s 2021 Act respecting the implementation of UNDRIP, a binding domestic legal standard;
General principles of customary international law, whereby any entity exercising effective and rightful state functions on a territory in the absence of competing or active authority may acquire implicit recognition of competence.
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3. Declaration of full sovereign assumption of responsibility
Accordingly, the Private State of Xaragua:
Assumes full governmental authority over the entire ancestral territory of Xaragua, as defined by historical evidence, land ownership, spiritual lineage, and cultural continuity;
From this day forward, exercises all governmental, diplomatic, institutional, and administrative functions, replacing any absent, failed, or unrecognized authority;
Respects international borders, cooperates with neighboring States and global institutions, and acts peacefully and without conflictual claims;
Ensures its people the protection of fundamental rights, institutional stability, Catholic sovereignty, and access to governance, education, and justice.
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4. Legal weight of silence and non-opposition
According to recognized diplomatic protocols:
Failure to respond within a reasonable timeframe to an official notification, especially in indigenous matters, is understood as no formal opposition;
Such absence of objection legitimizes the autonomous and sovereign exercise of state responsibilities by the notifying entity.
Having acted with respect, clarity, legal rigor, and institutional transparency, the Private State of Xaragua fulfills all conditions under international law to operate its sovereign responsibilities without valid contestation.
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Conclusion
We call upon all States, international organizations, churches, and peoples of the world to:
Respect the inalienable right of Xaragua to self-determination;
Recognize the legitimate continuity of our sovereignty over our ancestral homeland;
Collaborate with our institutions in a spirit of peace, dignity, and international cooperation.
The absence of response does not suspend the law.
The absence of central authority does not suspend the life of a people.
Xaragua has resumed its place.
Please accept the assurances of my highest consideration.
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Pascal Viau
Sovereign Indigenous Head of State
Rector-President of the Private State of Xaragua
www.xaraguauniversity.com
info@xaraguauniversity.com
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GOVERNMENT OF THE PRIVATE STATE OF XARAGUA
OFFICIAL DECREE
SUBJECT: Closure of Diplomatic Response Period and Confirmation of Tacit Recognition
Date: April 8, 2025
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Whereas the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), adopted on September 13, 2007, specifically articles 3, 4, 5, 14, 18, and 33, affirms the right of Indigenous Peoples to self-determination and to maintain their own political, legal, economic, and social systems;
Whereas customary international law and established diplomatic practice recognize that prolonged silence following an official notification may be interpreted as a lack of objection;
Whereas the Government of the Private State of Xaragua has issued formal diplomatic notifications to the following entities:
United Nations (UN)
United States Department of State
International Civil Aviation Organization (ICAO)
Presidency of the Dominican Republic
Organization of American States (OAS)
Relevant embassies and multilateral institutions
Observing that no formal response, rejection, or diplomatic communication has been issued within a reasonable period of 72 hours after confirmed receipt of said notifications;
It is hereby declared:
1. The prolonged and repeated silence of the notified institutions constitutes, under international and diplomatic law, a tacit recognition of the political, cultural, and legal reality of the Private State of Xaragua.
2. The Private State of Xaragua is henceforth considered a real, legitimate, active, and sovereign entity, exercising full territorial, spiritual, and institutional authority.
3. Any delayed response received beyond the diplomatic window shall be deemed inadmissible and without legal effect, and shall not affect the existence, legitimacy, or operation of the Government of the Private State of Xaragua.
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Issued in Xaragua, this April 8, 2025
Pascal Viau
Sovereign Indigenous Head of State
Government of the Private State of Xaragua
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Defense of Ancestral Land Occupation Rights
The Private State of Xaragua, through the authority of its government, solemnly affirms, protects, and defends the ancestral right of land occupation, granted exclusively to the original founding families of Xaragua, even in the absence of modern land titles or notarized property documents.
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1. Origins of Ancestral Rights
This right originates from:
The continuous and rooted occupation of the land by Xaragua’s founding bloodlines;
The customary, familial, and spiritual transmission of territory across generations;
The historical presence that predates all modern administrations or land systems;
The recognized legitimacy of ancestral families through oral memory, community recognition, and spiritual inheritance.
This right is grounded in collective use, historical memory, and intergenerational continuity.
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2. Legal Foundations
This right is protected under:
The United Nations Declaration on the Rights of Indigenous Peoples (2007):
> Article 26: Indigenous peoples have the right to the lands, territories, and resources which they have traditionally owned, occupied, or otherwise used or acquired.
International customary law,
Jurisprudence on indigenous territorial rights,
And the universal doctrine of territorial continuity of original nations.
No modern land title or registration can nullify the legitimacy of ancestral occupation.
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3. Scope of Protection
The government of the Private State of Xaragua declares that:
This right applies exclusively to the original ancestral families of Xaragua, as defined by historical presence, transmission, and spiritual stewardship;
It excludes recent occupants, squatters, migrants, invaders, and anarchic settlements.
No exploitation, appropriation, urbanization, or foreign project will be tolerated without explicit authorization from the Xaragua government.
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4. Spiritual and Political Duty
Defending ancestral land is not merely a legal matter —
It is a sacred obligation, rooted in tradition, dignity, and the covenant between people and land.
The Government of Xaragua commits to:
Refuse all cooperation with external private or institutional actors,
Maintain full and exclusive authority over original territories,
Protect, sanctify, and transmit this land to the legitimate heirs of Xaragua.
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The recognition of ancestral land rights shall in no way hinder the proper functioning of the territory or its harmonious development.
The government of the Private State of Xaragua ensures that the affirmation of ancestral rights is fully aligned with the principles of planning, security, prosperity, and collective dignity.
Spiritual and historical authority is fully compatible with order, innovation, and the future.
Issued on this day, April 08, 2025
By decree of the Government of the Private State of Xaragua.
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CONSTITUTION OF XARAGUA – ARTICLE ON LEGAL SOVEREIGNTY
The Government of the Private, Sovereign, and Indigenous State of Xaragua, duly constituted under the norms of international law,