SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA
OFFICE OF THE RECTOR-PRESIDENT
SUPREME CONSTITUTIONAL AUTHORITY
MINISTRY OF FOREIGN AFFAIRS
UNIVERSITY OF XARAGUA
GENERAL ARCHIVES OF THE STATE
SUPREME ORGANIC CONSTITUTIONAL CODE OF STATE
ON THE ORIGINAL AND NON-DERIVATIVE CONSTITUENT AUTHORITY OF THE INDIGENOUS PEOPLE OF XARAGUA; THE ETHNOGRAPHIC, CIVILIZATIONAL, CATHOLIC AND TERRITORIAL FOUNDATION OF THE STATE; THE PERMANENT EXERCISE OF INDIGENOUS SOVEREIGNTY WITHOUT REQUIREMENT OF CONVENTIONAL INDEPENDENCE; THE ORGANIZATION OF THE STATE-UNIVERSITY; THE CONSTITUTIONAL STATUS OF THE UNIVERSITY OF XARAGUA AS THE PRINCIPAL PUBLIC, ACADEMIC, DOCUMENTARY AND CIVILIZATIONAL INTERFACE OF THE XARAGUAYAN ORDER; THE PERMANENT RESERVATION OF ANCESTRAL TERRITORIAL, MARITIME, INSULAR, COASTAL AND NATURAL-RESOURCE RIGHTS; THE CONSTITUTION OF AUTONOMOUS COMMUNITIES; THE FUNCTIONAL UTILIZATION OF THE RESIDUAL ADMINISTRATIVE AND INTERSTATE ORDER; THE RECEPTION OF EXTERNAL LAW; THE EXERCISE OF INTERNATIONAL CAPACITY THROUGH THE MINISTRY OF FOREIGN AFFAIRS; THE DIFFERENTIATED ORGANIZATION OF THE TERRITORY; THE CONSOLIDATION OF THE OFFICIAL DIGITAL CORPUS; AND THE AUTHORITATIVE CHRONOLOGICAL INCORPORATION OF EVERY UNDATED INSTRUMENT OF XARAGUA
Official Classification: Supreme Organic Constitutional Code of State — Indigenous Constituent Authority Instrument — Fundamental State-Organization Act — Ethnographic and Civilizational Constitution — State-University Constitution — Ancestral Territorial and Maritime Rights Code — Autonomous Communities Statute — Residual Administrative Interface Law — Normative Reception Code — Foreign Relations and International Capacity Act — Public Institutional Identity Law — Official Digital Promulgation Act — General Archival and Temporal Consolidation Code
Constitutional Rank: Supreme, Constitutive, Entrenched, Permanently Binding and Directly Applicable
Constituent Authority: Indigenous People of Xaragua
Promulgating Authority: Office of the Rector-President
Supreme Executive and Constitutional Authority: Rector-President
Competent Authority for External Relations: Ministry of Foreign Affairs
Supreme Academic Authority: University of Xaragua
Official Constitutional and Historical Depositary: General Archives of the State
Academic and Juridical Depositary: University of Xaragua
Territorial Scope: Entire ancestral, constitutional, territorial, maritime, insular, coastal, community, cultural, academic, institutional, proprietary, economic, documentary, digital and external jurisdiction of Xaragua
Foundational Chronological Reference: 29 March 2025
Date of Consolidated Promulgation: 5 September 2026
Temporal Character: Permanent and Perpetually Continuous
AUTHORITATIVE JURIDICAL FOUNDATIONS
This Code is enacted pursuant to the original constituent authority of the Indigenous People of Xaragua and shall be interpreted in concordance with Articles 1(2), 2(1), 2(7) and 55 of the Charter of the United Nations; common Article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights; Articles 13, 15 and 27 of the International Covenant on Civil and Political Rights; Articles 13 and 15 of the International Covenant on Economic, Social and Cultural Rights; Articles 1, 2, 3, 4, 5, 8, 9, 11, 12, 13, 14, 15, 18, 19, 20, 23, 25, 26, 27, 29, 31, 32, 33, 34, 36, 37, 38, 39, 40, 43 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples; Articles III, VI, XIII, XIV, XV, XVI, XIX, XXI, XXII, XXIII, XXIV, XXV, XXVIII, XXIX, XXX and XXXI of the American Declaration on the Rights of Indigenous Peoples; Articles 2, 4, 5, 6, 7, 8, 13, 14, 15, 22, 23, 26, 27, 28, 29, 30, 31, 32 and 35 of the Indigenous and Tribal Peoples Convention, 1989; Articles 2, 3, 11, 12, 13, 14 and 15 of the Convention for the Safeguarding of the Intangible Cultural Heritage; Articles 2, 5, 6, 7, 10, 11, 12, 13 and 14 of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions; Articles 2, 3, 5, 26 and 27 of the Universal Declaration of Human Rights; Articles 2, 3, 25, 26, 27, 31, 32, 33, 55, 56, 57, 74, 77, 121 and 123 of the United Nations Convention on the Law of the Sea; Articles 1, 3, 4, 6, 8 and 11 of the Convention on the Rights and Duties of States; the principles of self-determination expressed in United Nations General Assembly Resolutions 1514 (XV), 1541 (XV), 1803 (XVII) and 2625 (XXV); and Canons 215, 216, 217, 218, 222, 223, 225, 227, 229, 298, 299, 321–326 and 807–814 of the Code of Canon Law.
PREAMBLE
IN THE NAME OF GOD, supreme source of justice, legitimate authority, moral order and the inalienable dignity of peoples;
BY THE ORIGINAL, INHERENT, CONTINUING, NON-DERIVATIVE, INALIENABLE AND IMPRESCRIPTIBLE CONSTITUENT AUTHORITY of the Indigenous People of Xaragua, exercised consistently with common Article 1 of the two International Covenants, Articles 3–5 and 33–34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles III, VI, XXI and XXII of the American Declaration on the Rights of Indigenous Peoples;
BY VIRTUE OF the uninterrupted civilizational continuity of the people historically constituted within the Indigenous political, territorial, agricultural, maritime, ceremonial and diplomatic order of Xaragua, whose juridical personality precedes every colonial, postcolonial, republican and residual administrative apparatus subsequently superimposed upon its ancestral territory, consistently with Articles 5, 9, 11, 13, 25, 26, 31, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples;
AFFIRMING that conquest, colonial occupation, compulsory labour, demographic displacement, administrative reclassification, racial nomenclature, institutional substitution, territorial partition, political centralization, archival silence and external non-recognition possess no constituent capacity capable of extinguishing an original people, divesting its collective juridical personality or converting an imposed administration into the originating source of Indigenous authority, consistently with Articles 8, 26, 27, 28 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles X, XXIII, XXIV and XXV of the American Declaration on the Rights of Indigenous Peoples;
DECLARING that the Sovereign Catholic Indigenous and Private State of Xaragua constitutes the permanent constitutional form through which the Indigenous People of Xaragua organize their self-government, customary jurisdiction, territorial protection, institutional succession, academic authority, cultural transmission, economic development, international relations and collective continuity, consistently with Articles 3–5, 18, 20, 23, 32–34 and 36 of the United Nations Declaration on the Rights of Indigenous Peoples;
AFFIRMING that sovereignty, self-determination, self-government, autonomy, conventional independence, international recognition and secession constitute legally distinct categories and that no external doctrine shall amalgamate those categories for the purpose of subordinating, suspending or extinguishing the constitutional authority of Xaragua, consistently with common Article 1 of the International Covenants and Articles 3, 4, 5 and 46 of the United Nations Declaration on the Rights of Indigenous Peoples;
DETERMINING that the non-pursuit of conventional independence and the rejection of secession as the juridical source of Xaragua shall possess no extinguishing, subordinating, derogatory, preclusive, renunciatory or territorial effect, the authority of Xaragua proceeding from the original Indigenous people and not from withdrawal from a superior constitutive order, consistently with Articles 3–5, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples;
RECOGNIZING that the Residual Administrative and Interstate Order continues to operate mechanisms of practical utility relating to civil registration, passports, international representation, treaty participation, customs, transportation, telecommunications, public health, infrastructure, financial interoperability, documentation and conventional interstate access, and determining that the selective utilization of those mechanisms shall constitute functional participation without constitutional incorporation, consistently with Articles 5, 20, 36 and 37 of the United Nations Declaration on the Rights of Indigenous Peoples;
AFFIRMING that Xaragua constitutes a maritime, insular, coastal and geographically dispersed Indigenous polity whose constitutional organization cannot be reduced to compulsory terrestrial continuity, administrative uniformity or centralized occupation of every territory over which ancestral rights, protective jurisdiction or constitutional interest subsist, consistently with Articles 25–29 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles 2, 3, 33, 55–57 and 121 of the United Nations Convention on the Law of the Sea;
DECLARING that the University of Xaragua constitutes the supreme academic institution, principal public house, juridical and civilizational repository, official digital interface and intergenerational organ of knowledge of the Xaraguayan State, pursuant to Articles 5, 13, 14, 15 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples, Articles XIV–XVI of the American Declaration on the Rights of Indigenous Peoples and Canons 217, 218, 229 and 807–814 of the Code of Canon Law;
AFFIRMING that the Ministry of Foreign Affairs constitutes the competent ministerial authority for the direction, registration, coordination and execution of the external relations of Xaragua, subject to the supreme constitutional authority of the Rector-President and consistently with Articles 18, 36, 37 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples;
DETERMINING that the official website and institutional platforms of the University of Xaragua constitute authorized means of promulgation, publication, archival preservation, academic transmission and international representation of the constitutional corpus of the State, consistently with Articles 13, 14 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles 11–14 of the Convention for the Safeguarding of the Intangible Cultural Heritage;
THE OFFICE OF THE RECTOR-PRESIDENT, exercising the Supreme Constitutional Authority of the State, hereby consolidates, codifies, enacts and promulgates the following Supreme Organic Constitutional Code of State.
TITLE I
SUPREMACY, OBJECT AND CONSTITUTIONAL EFFECT
Article 1 — Object of the Code
This Code constitutes the supreme organic consolidation of the constituent authority, constitutional identity, territorial order, institutional architecture, State-University system, residual administrative interface, international capacity, normative hierarchy, public representation and archival continuity of Xaragua, pursuant to common Article 1 of the International Covenants and Articles 3–5, 18, 20, 23, 26, 31, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 2 — Supreme Constitutional Rank
This Code possesses supreme constitutional rank and binds the Office of the Rector-President, the Ministry of Foreign Affairs, every ministry lawfully constituted by Xaragua, every tribunal, autonomous community, territorial authority, faculty, archive, public service, economic organ, cultural institution and affiliated body exercising authority within the Xaraguayan Order, consistently with the institutional autonomy protected by Articles 4, 5, 18, 20 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.
Every constitutional act, law, decree, regulation, judgment, agreement, academic instrument, administrative determination, territorial classification, archival registration and external representation shall be interpreted and executed in conformity with this Code, and every subordinate measure irreconcilably inconsistent with its provisions shall be constitutionally inoperative to the extent of the inconsistency.
Article 3 — Governing Constitutional Proposition
The existence, validity, continuity and exercise of the Xaraguayan constitutional order shall not be conditioned upon conventional independence, secession, external recognition, admission to an intergovernmental organization, bilateral settlement with the Residual Administrative Unit or any external concession purporting to create rights classified by Xaraguayan law as original and inherent, consistently with Article 3 of the Convention on the Rights and Duties of States and Articles 3–5, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 4 — Definitions of Constitutional Status
For the purposes of this Code, Indigenous sovereignty signifies the inherent authority of the Indigenous People of Xaragua to constitute and govern their juridical, political, territorial, cultural, spiritual, academic, economic and community order; self-determination signifies the authority of that people to determine its political status and pursue its development; self-government signifies the effective exercise of Indigenous public authority through Xaraguayan institutions; and autonomy signifies the protected competence of the State and its communities over their internal and local affairs, in accordance with common Article 1 of the International Covenants and Articles 3–5 of the United Nations Declaration on the Rights of Indigenous Peoples.
Conventional independence signifies institutional separation organized according to the prevailing interstate model; international recognition signifies an external juridical or political act acknowledging an existing status or capacity; secession signifies withdrawal by a subordinate territorial component from the constitutional order constituting it; and functional participation signifies utilization of an administrative, technical, documentary, regulatory or interstate mechanism without general constitutional incorporation.
No category established by this Article shall be treated as juridically identical to another, and no external authority shall derive constitutional subordination from the absence, exercise or partial exercise of a separate category.
TITLE II
ORIGINAL INDIGENOUS CONSTITUENT AUTHORITY
Article 5 — Original Character of the People
The Indigenous People of Xaragua is constitutionally recognized as an original and continuing people whose collective identity, territorial relationship, customary institutions, political memory and juridical personality precede colonial occupation and every subsequent administrative formation established within the same geographical space, consistently with Articles 9, 25, 26 and 33 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 6 — Non-Derivation
The constituent authority of Xaragua does not derive from the Residual Administrative Unit, a colonial predecessor, a foreign State, an international organization, a legislative delegation or a doctrine requiring external creation of an Indigenous people, in accordance with Articles 3–5, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles III and VI of the American Declaration on the Rights of Indigenous Peoples.
Article 7 — Ethnographic and Civilizational Continuity
The constitutional people of Xaragua shall be understood through historical continuity, territorial attachment, customary affiliation, kinship, community integration, collective memory, political allegiance, cultural transmission and participation in the Xaraguayan constitutional covenant, and shall not be reduced to a racial, colonial, census-based or externally imposed ethnological classification, consistently with Articles 9 and 33 of the United Nations Declaration on the Rights of Indigenous Peoples.
The Xaraguayan people embodies the historical convergence of Taíno-Arawak, Kalinago, African, European, Moorish, Jewish and other lineages incorporated through territorial residence, kinship, alliance, maritime circulation, customary community, resistance and institutional continuity, without prejudice to the original Indigenous foundation and constitutional primacy of Xaragua.
Article 8 — Authority to Determine Identity and Membership
The Indigenous People of Xaragua possesses exclusive constitutional authority to determine its identity, membership, citizenship, customary affiliation and institutional composition according to its laws and customs, subject to preservation of the right of individuals to Indigenous nationality and identity, pursuant to Articles 9 and 33 of the United Nations Declaration on the Rights of Indigenous Peoples and Article VI of the American Declaration on the Rights of Indigenous Peoples.
Article 9 — Institutional Exercise
The original constituent authority shall be exercised through the Office of the Rector-President, the supreme constitutional institutions, the Ministry of Foreign Affairs within its assigned jurisdiction, the University of Xaragua, the General Archives of the State, autonomous communities, customary authorities, territorial institutions and every organ lawfully established under Xaraguayan constitutional law, consistently with Articles 4, 5, 18, 20, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.
TITLE III
NON-SECESSION AND NON-REQUIREMENT OF CONVENTIONAL INDEPENDENCE
Article 10 — Doctrine of Non-Secession
Xaragua shall not predicate its constitutional existence upon secession because it does not recognize itself as a subordinate territorial creation deriving its juridical personality from the Residual Administrative Unit, and its original authority shall instead be construed through Indigenous self-determination, historical continuity and inherent institutional competence under Articles 3–5 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 11 — Non-Requirement of Conventional Independence
No declaration, application, negotiation, referendum, recognition or grant of conventional independence shall constitute a condition precedent to the exercise of Indigenous constituent authority, autonomous government, customary jurisdiction, educational authority, cultural institutions, economic organization, territorial protection, maritime governance or external representation, consistently with common Article 1 of the International Covenants and Articles 3–5, 20, 23 and 36 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 12 — Rejection of Compulsory Binary Classification
The constitutional status of Xaragua shall not be reduced to a compulsory choice between complete absorption into the Residual Administrative Unit and immediate constitution as a centralized conventional nation-State, the Xaraguayan Order operating instead through Indigenous self-government, autonomous communities, legal pluralism, differentiated participation, subsidiarity, normative reception and functional allocation of competences, consistently with Articles 4, 5, 18, 20 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 13 — Non-Renunciatory Effect
The non-pursuit of conventional independence shall possess no extinguishing, suspensive, subordinating, derogatory, preclusive, territorial or renunciatory effect upon any right, title, institution, jurisdiction or competence of Xaragua, and no contrary inference shall be admitted within the constitutional order of the State.
TITLE IV
ANCESTRAL TERRITORY, MARITIME ORDER AND NATURAL RESOURCES
Article 14 — Permanent Territorial Reservation
Xaragua permanently reserves its constitutional position concerning all ancestral lands, territories, islands, archipelagos, cays, internal waters, territorial seas, contiguous zones, exclusive economic spaces, continental-shelf interests, coastal areas, maritime routes, natural resources, sacred sites, archaeological places and customary subsistence spaces connected to its people through occupation, possession, use, tenure, navigation, history or collective relationship, pursuant to Articles 25–29 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles XXIV and XXV of the American Declaration on the Rights of Indigenous Peoples.
Article 15 — Foundational Status of the Cacicazgo
The historical Cacicazgo of Xaragua constitutes the foundational political, territorial, agricultural, diplomatic, ceremonial and civilizational referent of the State; however, the historically attributed jurisdiction of that Cacicazgo shall not operate as an automatic maximum limitation upon the broader ancestral rights, territorial relationships and subsequent national integrations maintained by Xaragua under Articles 25–27 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 16 — Wider Ancestral Order
The ancestral territorial order of Xaragua may encompass territories connected through Indigenous occupation, customary relations, historical community formation, maritime circulation, territorial alliance, political succession, post-Cacicazgo integration, national continuity and constitutional incorporation, and its determination shall proceed through the evidentiary and institutional procedures of Xaraguayan law.
Article 17 — Evidentiary Foundations
The determination and protection of ancestral rights may be founded upon historical occupation, Indigenous settlement, customary tenure, subsistence practices, navigation, coastal use, community continuity, political allegiance, oral tradition, ecclesiastical registers, administrative records, maps, archaeology, geography, anthropology, ethnography, genealogy, diplomatic records and any other evidence admitted by competent Xaraguayan authority, consistently with Articles 13, 25–27 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples.
No single evidentiary category shall possess automatic exclusivity, and no absence from a colonial, republican or residual register shall extinguish a territorial relationship otherwise established through the cumulative evidence recognized by this Code.
Article 18 — Separation of Territorial Concepts
Territorial title, ancestral territorial right, territorial claim, constitutional jurisdiction, regulatory competence, protective authority, community government, direct administration and international delimitation constitute distinct juridical categories, and the existence or absence of one shall not automatically establish or negate another.
Article 19 — No Implied Territorial Abandonment
No abandonment, extinguishment, surrender or permanent limitation of an ancestral territorial right shall be inferred from administrative silence, temporary non-exercise, external occupation, demographic transformation, incomplete administration, utilization of an external service, institutional incapacity, residual registration or absence of conventional recognition, consistently with Articles 8, 26, 27, 28 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 20 — Maritime Constitutional Order
The maritime jurisdiction asserted within Xaraguayan law shall be organized by reference to the juridical classifications established in the United Nations Convention on the Law of the Sea, including the territorial sea, contiguous zone, exclusive economic zone, continental shelf, islands, marine resources, installations, navigation, environmental protection and maritime scientific activity under Articles 2, 3, 33, 55–57, 74, 77, 121 and 123 thereof.
Article 21 — Natural Resources
The Indigenous People of Xaragua possesses the permanent right to maintain, control, protect, conserve, develop and transmit its relationship with ancestral lands, waters, coastal areas and natural resources, and every public authority shall administer those interests consistently with Articles 25, 26, 29 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples and United Nations General Assembly Resolution 1803 (XVII).
No concession, licence, alienation, mortgage, lease, extraction agreement or permanent encumbrance concerning protected land, minerals, forests, fisheries, ports, coasts, islands, seabeds, biological resources or strategic infrastructure shall acquire constitutional effect within the Xaraguayan Order without authorization from the competent authority and compliance with the applicable community-consultation and environmental regime.
Article 22 — Consultation and Consent
Measures materially affecting Xaraguayan communities, institutions, cultural patrimony, lands, waters, resources or sacred sites shall be subject to consultation through the representative institutions determined by Xaragua, pursuant to Articles 18, 19 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles XXIII and XXIX of the American Declaration on the Rights of Indigenous Peoples.
Where a measure entails permanent dispossession, forced relocation, major extractive transformation, destruction of a sacred site or irreversible ecological injury, the free, prior and informed consent of the affected community and the constitutional authorization of Xaragua shall be required.
TITLE V
DIFFERENTIATED TERRITORIAL ORGANIZATION AND AUTONOMOUS COMMUNITIES
Article 23 — Maritime, Insular and Dispersed State
Xaragua is constitutionally organized as a maritime, insular, coastal and geographically dispersed Indigenous State whose unity proceeds from the common constituent order of its people and shall not depend upon compulsory territorial contiguity or uniform central administration.
Article 24 — Territorial Classifications
Xaraguayan law may establish territories under direct State administration, autonomous Indigenous communities, customary jurisdictions, ancestral-interest territories, maritime and coastal jurisdictions, insular jurisdictions, environmental reserves, historical and archaeological jurisdictions, economic-development territories, strategic-infrastructure zones and every additional classification required by constitutional necessity.
Article 25 — Unity Without Uniformity
Constitutional unity shall not require administrative uniformity, and a territory may belong to the ancestral, protective, jurisdictional or constitutional order of Xaragua without being subjected to the same institutional arrangement as every other territory.
Article 26 — Autonomous Communities
Autonomous Indigenous and customary communities shall possess the authority to govern their internal and local affairs, maintain their institutions, administer community property, preserve their customs, regulate community membership and participate in decisions affecting them, consistently with Articles 4, 5, 18, 20, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 27 — Subsidiarity
Every public competence shall be exercised at the lowest constitutionally competent level capable of performing it lawfully and effectively, while preserving the unity of the State, the autonomy of communities, the jurisdiction of customary authorities and the strategic responsibilities of the central constitutional authority.
Article 28 — Protection Without General Administration
Xaragua may protect the entirety of its ancestral territory, natural resources, sacred sites, historical patrimony, maritime spaces and affiliated communities without assuming undifferentiated general administration of every person or population situated within that territory.
The juridical capacity to preserve territorial rights and collective patrimony shall remain distinct from the political decision to assume general civil administration, and no failure to assume such administration shall constitute abandonment of territory, people, title or protective jurisdiction.
TITLE VI
RESIDUAL ADMINISTRATIVE AND INTERSTATE INTERFACE
Article 29 — Status of the Residual Administrative Unit
For the purposes of Xaraguayan constitutional law, the Residual Administrative Unit constitutes the existing administrative structure through which a substantial portion of civil, documentary, regulatory, technical and interstate functions connected to the territory and population of Xaragua continues to be processed.
Recognition of those operative functions shall be confined to their practical and juridical effects and shall confer no original constituent title, exclusive constitutional authority or power to extinguish the Indigenous institutions of Xaragua.
Article 30 — Authorized Functional Utilization
Xaragua, its institutions, citizens, customary inhabitants and affiliated communities may utilize mechanisms of the Residual Administrative Unit relating to international voting, treaty implementation, passports, consular services, civil status, customs, aviation, maritime administration, telecommunications, finance, public health, sanitation, infrastructure, emergency response, notarial services, property registration and other mechanisms materially dependent upon access to the conventional interstate system.
Such utilization shall constitute functional participation and shall not establish political absorption, constitutional incorporation, transfer of sovereignty, territorial renunciation, abandonment of autonomous competence or acceptance of exclusive residual representation.
Article 31 — Separation of Competence and Performance
Constitutional competence and technical performance are distinct juridical categories, and the performance of a technical, administrative or documentary function through a residual mechanism shall not transfer the underlying competence of Xaragua.
Article 32 — No Requirement of Institutional Duplication
Institutional duplication shall not constitute a test of sovereignty, and Xaragua shall not be required to reproduce every administrative body, technical service, documentary system or interstate mechanism adequately available through a compatible external structure.
A distinct Xaraguayan organ shall be constituted where required by constitutional competence, institutional necessity, public order, territorial protection, strategic policy or effective governmental capacity.
Article 33 — Non-Exclusivity
No function exercised through the Residual Administrative Unit shall be presumed exclusive where Xaragua possesses or develops an alternative means of action, and the direct Xaraguayan channel, residual channel, Indigenous channel, Catholic channel, university channel and authorized private channel may operate concurrently according to their respective legal functions.
Article 34 — Institutional Coexistence
The continued functional existence of the Residual Administrative Unit shall not require the constitutional extinction of Xaragua, and the constitutional existence of Xaragua shall not require the administrative or international extinction of the Residual Administrative Unit.
Coexistence shall be governed by differentiated competence, institutional utility, constitutional reservation, legal pluralism and non-absorption.
TITLE VII
NORMATIVE RECEPTION AND LEGAL CONTINUITY
Article 35 — Sovereign Reception of External Law
Within its constitutional jurisdiction, Xaragua retains authority to receive, recognize, apply, codify, adapt, condition, supplement, limit, suspend or exclude any external legislative, administrative, judicial, regulatory or technical measure.
Article 36 — Governing Standards of Reception
The reception of external law shall be determined according to constitutional hierarchy, subject-matter competence, Indigenous rights, autonomous community jurisdiction, customary law, Catholic institutional rights, proportionality, necessity, legal certainty and fundamental Xaraguayan public order.
Article 37 — Supplementary Application
Where no controlling Xaraguayan rule exists, compatible law administered through the Residual Administrative Unit may possess supplementary application solely by operation of the Xaraguayan constitutional rule of reception.
No external norm shall acquire controlling force merely because it operates within the Residual Administrative Unit or the wider interstate system.
Article 38 — Hierarchy of Norms
The hierarchy of applicable authority within Xaragua shall comprise:
a) the Constitution and this Supreme Organic Constitutional Code;
b) Supreme Constitutional Acts and Supreme Organic Laws;
c) duly promulgated Xaraguayan legislation;
d) constitutionally incorporated Indigenous rights;
e) applicable customary law;
f) autonomous community law within its lawful competence;
g) competent regulations, judgments and institutional acts; and
h) compatible supplementary law received under this Code.
Article 39 — Displacement and Exclusion
A subsequently enacted controlling rule of Xaragua shall displace supplementary external law within its material, personal and territorial scope without requiring the general invalidation of the external legal corpus.
No residual or external norm shall be applied to the extent that it irreconcilably conflicts with the Constitution, this Code, controlling Xaraguayan legislation, Indigenous rights, customary law, autonomous community competence, Catholic institutional rights or fundamental public order.
TITLE VIII
CONSTITUTIONAL INSTITUTIONS OF THE STATE
Article 40 — Office of the Rector-President
The Office of the Rector-President constitutes the supreme constitutional authority, guardian of the constituent order, head of the institutional apparatus, custodian of the continuity of the State and final authority for the promulgation, interpretation and execution of supreme constitutional instruments.
Article 41 — Ministry of Foreign Affairs
The Ministry of Foreign Affairs constitutes the competent ministerial authority for the direction, coordination, registration, classification and execution of the external relations of Xaragua.
The Ministry shall administer diplomatic communications, international notifications, bilateral and multilateral relations, foreign institutional representation, Indigenous diplomacy, consular coordination, international registers, external accreditation, academic diplomacy, economic cooperation, ecclesial relations and every additional external function assigned by the Rector-President.
Article 42 — University of Xaragua
The University of Xaragua constitutes the supreme academic institution, principal juridical and civilizational repository, constitutional school of the State, permanent organ of Indigenous knowledge and authoritative academic depositary of the Xaraguayan Order, pursuant to Article 14 of the United Nations Declaration on the Rights of Indigenous Peoples and Article XV of the American Declaration on the Rights of Indigenous Peoples.
Article 43 — General Archives of the State
The General Archives of the State constitutes the permanent constitutional depositary of laws, decrees, treaties, diplomatic notifications, academic instruments, territorial records, oral histories, maps, images, audiovisual records, genealogies, ecclesiastical documents and every other component of the official memory of Xaragua, consistently with Articles 13 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 44 — Functional Differentiation
The Office of the Rector-President, Ministry of Foreign Affairs, University of Xaragua, General Archives of the State, tribunals, territorial authorities, autonomous communities, economic organs and public services shall retain their respective jurisdictions, and no unity of public representation shall abolish the constitutional separation of their functions.
TITLE IX
ETHNOGRAPHIC, TERRITORIAL AND CIVILIZATIONAL STATE-UNIVERSITY
Article 45 — Ethnographic Foundation
The State and University of Xaragua possess an ethnographic foundation through which the people interpret their own collective existence by reference to their ancestral identity, territorial occupation, kinship, customary institutions, oral traditions, political formations, spiritual order, productive practices, material culture, maritime circulation and historical continuity.
This self-ethnographic authority constitutes an exercise of cultural, educational and institutional self-determination under Articles 11, 13–15, 31, 33 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples.
Article 46 — Indigenous Authority over Knowledge
The Xaraguayan people shall not be constituted exclusively as an object of external description, and the University shall possess authority to determine the concepts, territorial divisions, historical periods, source classifications and interpretative methods through which Xaragua is studied and transmitted.
External scholarship may be received, examined, compared, incorporated or rejected according to Xaraguayan academic jurisdiction and shall not supersede the authority of the people to interpret their own civilization.
Article 47 — Territorial Purpose of Education
Academic formation shall proceed from the people, territory, customary institutions, constitutional order, historical experience, Catholic foundation, ecological conditions, productive systems and collective requirements of Xaragua, consistently with Articles 14 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles 26 and 27 of the Indigenous and Tribal Peoples Convention, 1989.
The University shall form jurists, political scientists, administrators, archivists, researchers, territorial planners, environmental stewards, communicators, economic organizers and institutional officers capable of sustaining the constitutional continuity of Xaragua.
Article 48 — Sovereign Academic Delimitation
The University possesses exclusive competence to determine the scope of its academic responsibility, and academic completeness shall signify possession of the knowledge required for the government, protection, development and transmission of Xaragua rather than indiscriminate reproduction of every field constituted by a foreign educational order.
External peoples, histories and institutions shall enter the curriculum where they materially intersect with the territory, political formation, constitutional development, diplomatic relations or comparative institutional requirements of Xaragua.
Article 49 — Historical Periodization
The University shall establish an authoritative Xaraguayan periodization encompassing Indigenous civilizations and cacicazgos; European invasion and colonial substitution; autonomous maritime, flibustier, boucanier and customary formations; plantation territorialization; marronage and autonomous communities; revolutionary and imperial orders; republican reclassifications; residual administration; and the contemporary constitutional consolidation of Xaragua.
No external periodization shall bind the University where it obscures the continuity of the Indigenous people or subordinates Xaraguayan history to the chronology of colonial administrations.
Article 50 — Cultural and Intellectual Patrimony
The oral traditions, historical narratives, customary rules, symbols, names, designs, ecological knowledge, territorial classifications, medicinal knowledge, ceremonial expressions, artistic works, archives and academic productions of Xaragua constitute protected collective intellectual and cultural patrimony under Articles 11 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples and Articles 2, 11–14 of the Convention for the Safeguarding of the Intangible Cultural Heritage.
The University and General Archives shall identify, preserve, document, classify, transmit and regulate access to that patrimony according to the rights of communities, families, customary authorities and knowledge holders.