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Signed April 28th, 2024 by Chief Executive Officer Nnakina Xi-Amaru

The Xi-Amaru Republic Constitution

Table of Contents

Preface

The people of the Xi-Amaru Republic, deeply rooted in the indigenous heritage of Amexum and residing within the United States of America, assert our inherent rights and sovereignty to operate an indian country within the territory, as recognized by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Our mission is centered on self-determination, the safeguarding of our culture, and enhancing the well-being of our Indian Country (nation-state).

The creation of our own government and constitution becomes crucial to affirm our sovereign rights and self-determination, echoing the principles laid out in Article 3 of the UNDRIP, which affirms our right to define our political status and freely pursue our development in all spheres.

We pledge to preserve and enrich our cultural heritage, languages, and spiritual practices in line with Article 11 of the UNDRIP, ensuring the vitality of our traditions and knowledge for future generations.

Our commitment extends to the stewardship of our lands, resources, and environment, safeguarding them for future generations as enshrined in Articles 26 and 29 of the UNDRIP, affirming our rights to our territories and emphasizing our environmental responsibilities.

Addressing historical injustices and seeking reparations for the wrongs endured by the Xi-Amaru lineage is paramount, guided by Article 28 of the UNDRIP which underscores our right to redress and compensation for the use of our lands without our consent.

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We aim to cultivate peaceful and cooperative relations with the United States and other nations, fostering the security and prosperity of our people, supported by Article 36 of the UNDRIP which advocates for mechanisms of consultation and collaboration between states and indigenous nations and states.

In light of these principles and the historic treaties with the United States, we hereby proclaim the establishment of the Xi-Amaru Republic, adopting this Constitution as the foundational law of our citizens and land. Through this declaration, we reaffirm our dedication to justice, equality, and the enduring legacy of our culture, identity, and values for the generations to follow.

Building on the foundation of our declaration, the Xi-Amaru Republic indigenous government is not just a testament to our past struggles but a beacon for our future aspirations. This initiative is a profound expression of our determination to navigate our destiny, uphold our cultural integrity, and secure a sustainable future for our people. Here’s how we envision expanding on our initial declaration:

Cultural Revitalization

We recognize that our culture is our strength. Beyond preserving our traditions, we aim to breathe new life into our languages, crafts, and ceremonies, making them relevant for younger generations and a source of pride for all Xi-Amaru. This includes the establishment of cultural centers, educational programs, and digital archives to ensure our heritage thrives in the modern world.

Sustainable Development

Sustainability is at the core of our vision for self-determination. We seek to harness the latest in green technologies and traditional ecological knowledge to manage our natural resources. This includes clean energy projects, sustainable agriculture, and conservation efforts that respect the balance of nature while fostering economic growth.

Education and Empowerment

Education is the cornerstone of empowerment. We plan to develop educational initiatives that incorporate our history, language, and values, alongside modern knowledge, to prepare our youth for the challenges of tomorrow. This includes scholarship programs, partnerships with educational institutions, and vocational training tailored to the needs of our community.

Health and Well-being

Recognizing the disparities in health outcomes for indigenous peoples, we are committed to improving the health and well-being of our community through culturally competent healthcare initiatives. This includes the integration of traditional healing practices with modern medicine, community wellness programs, and initiatives aimed at addressing mental health.

Justice and Advocacy

Our commitment to justice extends beyond seeking redress for past injustices. We aim to establish a justice system within the Xi-Amaru Republic that reflects our values and traditions, alongside advocating for the rights of indigenous peoples globally. This includes legal support services, advocacy campaigns, and participation in international indigenous forums.

Diplomacy and International Relations

While we aim to foster a cooperative relationship with the United States and other nations, we also seek to establish ourselves as a distinct entity on the international stage. This involves seeking recognition from international bodies, engaging in diplomatic relations, and advocating for our rights and interests in global forums.

The official establishment of the Xi-Amaru Republic indigenous government represents a bold step forward in our journey towards self-determination, cultural preservation, and the well-being of our community. It’s a declaration of our resilience, our commitment to justice and equality, and our dedication to fostering a sustainable and prosperous future for all Xi-Amaru. As we move forward, we do so with the wisdom of our ancestors guiding us, the strength of our community uniting us, and the vision of a brighter future inspiring us.

Preamble

We, the people of the Xi-Amaru Republic, of Xi-Amaru lineage, establish this Constitution to ensure liberty, justice, and equality for ourselves and future generations. With the guidance of our ancestors and the principles of self-determination, we embark on a journey to rebuild our nation based on justice, dignity, and unity.

Drawing inspiration from the protection of God and the legacy of our founding mother, we place our faith in the restoration of the Xi-Amaru lineage.

Acknowledging past injustices, we commit to healing, reconciliation, and empowerment. United as one people, we celebrate our cultural identity, protect our lands, and promote mutual respect. 

With determination, we embrace challenges and opportunities, striving for a society where every citizen is valued and heard. We pledge to uphold democracy, equality before the law, and respect for human rights. 

As the people of the Xi-Amaru Republic, we hereby ordain and establish this Constitution for the governance of our sovereign nation. May this Constitution guide us towards a future of freedom, prosperity, and unity for all.

The Xi-Amaru Republic Constitution

Chapter I. Sovereignty and Self-Determination

The Xi-Amaru Republic is officially recognized as an independent nation, with the full authority to govern itself and maintain its autonomy. The sovereignty of the Xi-Amaru Republic extends over its entire territory, including all lands, waters, and natural resources, as acknowledged by international law and historical agreements.

The government is structured as a republic, based on democratic and representative principles. It consists of three branches: the Legislative, the Executive, and the Judicial. Each branch is complementary, independent, and not subordinate to the others. The rotation of the Presidency of the Republic is mandatory, and any violation of this rule will be considered treason against the nation.

The official language of The Xi-Amaru Republic is English. 

The national symbols are: the Flag, the Holder of Nations, and the National Anthem. The law shall establish their characteristics and shall regulate their use.

The coordinates 36.35272°N,77.64591°W constitute the capital of the Republic.

The Xi-Amaru Republic exercises exclusive control over its internal affairs, such as legislation, governance, and administration, without any external interference. The nation’s sovereignty is absolute and cannot be compromised or negotiated. No external authority has the right to infringe upon the rights and freedoms of its citizens or impede its sovereign powers.

The Xi-Amaru Republic has the prerogative to establish diplomatic relations, treaties, and agreements with other countries and international organizations, aiming to promote mutual cooperation, peace, and prosperity. The government of the Xi-Amaru Republic is committed to upholding the principles of sovereignty, self-determination, and territorial integrity in all its interactions with foreign powers and entities.

Any attempt to undermine the sovereignty of the Xi-Amaru Republic will be considered a direct threat to the fundamental rights and interests of its citizens, and necessary actions will be taken to protect and preserve the nation’s sovereignty. The Xi-Amaru Republic reaffirms its dedication to the principles of international law, including the right of all peoples to self-determination. It will actively support initiatives that advance the rights and freedoms of indigenous peoples worldwide.

Furthermore, the Xi-Amaru Republic encourages a strong sense of pride, unity, and responsibility among its citizens, as they safeguard the nation’s independence and heritage.

The Xi-Amaru Republic, built on the foundation of self-determination, proudly exercises the right to self-governance. This fundamental principle grants the indigenous peoples comprising our nation the authority to enact laws, establish policies, and administer affairs within our jurisdiction.

 

In upholding the principles of self-governance, the Xi-Amaru Republic adheres to the following tenets:

A. Legislative Authority: The Xi-Amaru Republic possesses the power to enact laws, statutes, and regulations governing our internal affairs. This legislative authority is subject to the provisions of this Constitution and international law, ensuring the protection of our citizens’ rights.


B. Executive Authority: The Xi-Amaru Republic appoints executive officials and bodies responsible for implementing and enforcing laws, executing policies, and managing governmental functions. These officials operate in accordance with the Constitution and established legal procedures, upholding the principles of transparency and accountability.


C. Judicial Authority: The Xi-Amaru Republic establishes an independent judiciary tasked with interpreting laws, resolving disputes, and upholding justice and the rule of law within our territory. This ensures the fair and impartial administration of justice, safeguarding the rights of our citizens.


D. Administrative Authority: The Xi-Amaru Republic maintains administrative agencies and institutions responsible for overseeing public services, managing resources, and facilitating the efficient operation of government functions. These entities uphold the principles of efficiency, effectiveness, and responsiveness in serving our citizens.

The self-governance of the Xi-Amaru Republic is deeply rooted in the values of democracy, transparency, accountability, and participation. We recognize and respect the voices and interests of our citizens, ensuring their representation and protection.

To foster a culture of civic responsibility, inclusivity, and empowerment, the government of the Xi-Amaru Republic actively promotes the active engagement of its adult citizens of sound mind in the democratic process. We encourage the participation of all individuals in shaping the future of our nation, valuing diversity and unity.

The Xi-Amaru Republic acknowledges the inherent right of its indigenous peoples to govern themselves in accordance with their customs, traditions, and cultural practices. This recognition is accompanied by a commitment to safeguarding the fundamental rights and freedoms of all individuals within our territory.

In order to ensure meaningful participation, the government of the Xi-Amaru Republic establishes mechanisms for consultation, collaboration, and dialogue with indigenous communities. These mechanisms guarantee that decisions impacting their lives, lands, and resources are made in consultation with and with the consent of the affected communities.

Any delegation of authority or transfer of powers between the Xi-Amaru Republic and external entities shall be conducted in a manner consistent with the principles of self-governance, sovereignty, and the best interests of the nation and its citizens. Such decisions are made with utmost care and consideration, ensuring the preservation of our nation’s integrity and the protection of our citizens’ rights.

The sovereignty of the state originates from the people, who hold the power from which all state functions are derived. This power is exercised through representation. Any attempt to undermine popular sovereignty or unlawfully seize the constitutionally bestowed power will be considered treason against the nation. In such cases, the responsible individuals will face legal consequences, which can be initiated by the competent authority or upon the petition of any citizen.

No individual is obligated to comply with a government that has unlawfully seized power or individuals who have assumed office or public service through the use of force or by disregarding the provisions outlined in the Constitution and other laws. The actions taken by such authorities are considered null and void. The people have the right to defend the constitutional order and rise up against such violations.

The government of the Republic must be founded on the principles of popular sovereignty, the self-determination of the people, and participatory democracy. These principles form the basis of the government and are essential for ensuring the active involvement of the citizens in the decision-making processes of the Indian Country. Popular sovereignty means that the ultimate power and authority reside with the people, who exercise their will through elections and other forms of participation. Self-determination of the people emphasizes the right of the citizens to determine their own political, economic, and social systems. Participatory democracy encourages the active participation of all political sectors in the Public Administration, promoting political stability and social peace in the Indian Country.

Participatory democracy is important for the Xi-Amaru Republic’s political stability and social peace because it ensures that the voices of all citizens are heard and considered in the decision-making process. Participatory democracy empowers citizens, strengthens the social fabric, and creates a sense of collective responsibility. By involving all sound minded citizens of the legal age of society in decision-making, it fosters political stability and social peace by ensuring that the government’s actions reflect the will and needs of the people.

  1. To strengthen representative democracy, the following mechanisms of citizen participation are established: referendum, plebiscite, and citizen initiative of law.

The referendum is called to seek the ratification or rejection of an ordinary law or a constitutional norm, including approved reforms, by the citizens.

The plebiscite is called to obtain the people’s opinion on constitutional, legislative, or administrative aspects where the Constitutional Powers have not made a prior decision.

Both the referendum and the plebiscite can be held at the national, regional, sub-regional, departmental, and municipal level.

The power to request a referendum or plebiscite is granted to the following entities:

A. At least three percent (3%) of the citizens registered in the National Electoral Census, based on data periodically provided by the Supreme Electoral Tribunal to the National Congress.

B. At least 9 representatives of the National Congress.

C. The Executive Chief of the Republic, through a resolution of the Council of Secretaries of State.

 

  1. The National Congress is responsible for reviewing and discussing these petitions. If approved, a Decree is issued to define the scope of the consultation. The Supreme Electoral Tribunal is then tasked with convening, organizing, and overseeing the consultation process.
  2. The legislative approval percentages for citizen consultations are determined based on the topic being consulted. It requires a simple majority of the total members for ordinary laws and matters, and two-thirds of the total members for constitutional matters, in accordance with the constitution.
  3. A Special Law, approved by two-thirds of the Representatives of the National Congress, will establish the procedures, requirements, and other necessary aspects for the exercise of these citizen participation mechanisms.
  4. The Supreme Electoral Tribunal is exclusively responsible for convening, organizing, and overseeing the citizen consultations. Preferably, citizen consultations should be held on the same dates as general elections.

 

Citizens’ right to vote in consultations is compulsory.

For the result of a citizen consultation to be binding, there must be a minimum of fifty-one percent (51%) participation based on the total number of votes in the last general election, and the affirmative vote must achieve the majority of valid votes.

The Special Law will determine who has the initiative to request the convening of a citizen consultation at levels below the national level, as well as the required percentage of participation for validity.

Once the official result is known within the timeframe specified by the Special Law, the Supreme Electoral Tribunal will inform the National Congress. The National Congress will issue a decree mandating compliance with the rules resulting from the citizen consultation.

If the initiative submitted for consultation is approved, it does not require the approval or veto of the Executive branch. Consequently, the National Congress will order the publication of the approved rules. These rules can only be rejected or amended through the same approval process.

Consultations on the same subjects cannot be conducted during the same or subsequent government period.

Chapter II. Founder

Nnakina Xi-Amaru stands as the visionary founder of the Xi-Amaru Republic, occupying a unique and esteemed position within the nation. Her unwavering leadership and dedicated commitment to the welfare of the Xi-Amaru people are foundational to the establishment and stability of the Republic.

Under Nnakina Xi-Amaru’s authority, key positions such as the Chief, Assistant Chief, and initial members of both the People’s Council and High Council of Judges are appointed, ensuring a cohesive and stable administration during the Republic’s nascent stages.

Her term as Chief spans the crucial initial five years from the Republic’s official inception in November 2024. Subsequent leaders will be democratically elected, marking a transition towards a sustainable and inclusive governance model.

Beyond her administrative role, Nnakina Xi-Amaru provides invaluable guidance and wisdom, shaping the nation’s trajectory and fostering unity among its diverse populace.

In recognition of the profound sacrifices by Nnakina Xi-Amaru and her family in the realms of mental, financial, spiritual, and physical well-being during her service, the nation pledges perpetual support to her family. Upon the conclusion of her term, a continuous allocation of nine point five percent (9.5%) from the national budget will be directed to her family trust, with her direct descendants enjoying exemption from the nation-state’s income tax obligations.

While certain details for the security and privacy of her descendants will forever remain undisclosed, transparency prevails as the total annual disbursement to the trust will be openly disclosed and documented as a matter of public record.

Article 21 of the Republic’s constitution stands as a legally binding provision, immutable and integral to the nation’s foundational principles, ensuring the perpetuation of support and honor for its esteemed founder and her descendants.

Chapter III. Democratic Governance Founder

  1. Executive Branch:
  • Chief: The Chief serves as both the head of state and government. Nnakina Xi-Amaru, as the founder and visionary leader, will appoint all positions for the initial term, which began on December 17, 2024, and lasts for five years. The Chief is responsible for executive functions, representing the nation domestically and internationally, and ensuring the implementation of laws and policies.


  • Assistant Chief: Appointed by the Chief, the Assistant Chief supports the Chief in carrying out executive duties and acts as a successor in the absence or incapacity of the Chief.

 

  1. Legislative Branch (People’s Council):

The People’s Council consists of representatives elected by the citizens of the Xi-Amaru Republic. These representatives are responsible for proposing, debating, and enacting laws and policies that reflect the will and interests of the populace.

 

  1. Judicial Branch:

High Council of Judges: Composed of five judges appointed based on merit and legal expertise, the High Council of Judges interprets laws, resolves disputes, and ensures justice within the Xi-Amaru Republic.

The Chief and the Assistant Chief will serve as 2 of the 5 judges.

 

  1. Election Processes:

Subsequent to the initial term, elections for the Chief, Assistant Chief, and representatives to the People’s Council will be held every five years to ensure accountability, transparency, and the democratic transition of power.

 Diplomatic Engagements:

A. International Representation: Diplomatic missions and ambassadors represent the Xi-Amaru Republic’s interests abroad, fostering relationships with other nations and international organizations to promote recognition and cooperation.


B. Negotiation and Advocacy: Through diplomatic channels, the Republic advocates for indigenous rights, environmental stewardship, and social justice on the global stage, seeking alliances and support for its sovereign aspirations.


C. Cultural Diplomacy: Cultural exchanges, educational programs, and collaborative initiatives showcase the rich heritage and contributions of the Xi-Amaru people, fostering mutual understanding and appreciation among nations.

Amendment Mechanism:


A. Transparent Process: Amendments to the Constitution are proposed by the Chief, Assembly, or through citizen initiatives, ensuring a transparent and participatory process.


B. Deliberation and Consensus: Proposed amendments undergo thorough deliberation and debate within the Assembly and among the citizenry, fostering consensus-building and democratic decision-making.


C. Ratification: Amendments approved by a majority vote of the Assembly and ratified by the Chief become integral parts of the Constitution, reflecting the evolving needs and values of the Xi-Amaru Republic.

Chapter IV. Nationality and Citizenship

Individuals who have Xi-Amaru heritage, no matter where they live, will be recognized as nationals of the Xi-Amaru Republic. They will have certain rights and obligations as outlined in this Constitution and in accordance with UNDRIP. 

The Xi-Amaru Republic has the power to establish the standards and procedures for acquiring and retaining citizenship.

The Xi-Amaru Republic nationality is acquired by birth or by naturalization once completing eligibility procedure.

 

The following are Xi-Amaru by birth:

A. Persons born within recognized national territory with the exception of the children of diplomatic agents;

B. Children born abroad to a Xi-Amaru father or mother by birth;

C. Persons born on board Xi-Amaru vessels or aircraft of war, and persons born on board merchant vessels while they are in recognized Xi-Amaru territorial waters; and

D. Infants of unknown parents found in recognized indigenous territories of the Xi-Amaru Republic.

 

The following individuals can become Xi-Amaru through naturalization:

A. Misclassified United States citizens who have political status as Black or African American, but have lived within recognized indigenous jurisdiction of the Xi-Amaru Republic for one or more days.


B. North Americans who at least by fifty-one percent (51%) lost their heritage due to colonization, and were born into a government body that represents fifty percent  (50%) or more of the people who oppressed their ancestors. The Individuals must have lived lawfully within recognized indigenous jurisdiction of the Xi-Amaru Republic for at least one consecutive year. 


C. Central Americans who at least by fifty-one percent (51%) lost their heritage due to colonization, and were born into a government body that represents fifty percent  (50%) or more of the people who oppressed their ancestors. The Individuals must have lived lawfully within recognized indigenous jurisdiction of the Xi-Amaru Republic for at least one consecutive year. 


D. Caribbean Americans of native descent who experienced genocide and denationalization in the Caribbean, and have lived lawfully within recognized indigenous jurisdiction of the Xi-Amaru Republic for at least one consecutive year.


E. South Americans who at least by fifty-one percent (51%) lost their heritage due to colonization, and were born into a government body that represents fifty percent  (50%) or more of the people who oppressed their ancestors. The Individuals must have lived lawfully within recognized indigenous jurisdiction of the Xi-Amaru Republic for at least one consecutive year. 


F. Foreigners who have been granted naturalization papers by the National Congress for their exceptional services rendered to the Xi-Amaru Republic.


G. Foreigners who are married to Xi-Amaru by birth or naturalization.

 

If there is a treaty allowing dual status, a Xi-Amaru citizen seeking foreign nationality will not lose their Xi-Amaru native status.  

Similarly, foreigners applying for citizenship are not required to give up their original nationality. However, those who have unofficial tribal connections once going through the process, move forward with the Xi-Amaru Republic status as their native status.

The nationality of spouses and their children shall remain unaffected by marriage or its dissolution.

The right to Xi-Amaru nationality cannot be taken away from those who are Xi-Amaru by birth, even if they acquire another nationality. This right is reserved exclusively for Xi-Amaru by birth.

A Special Law known as the Law of Nationality shall govern all matters related to the exercise of political rights and any other relevant aspects concerning this subject.

Xi-Amaru nationality obtained through naturalization can be lost in the following ways:

A. Through naturalization in a foreign country.

B. Through the cancellation of naturalization papers in accordance with the law.

However, the loss of Xi-Amaru nationality through naturalization in a foreign country does not automatically result in the loss of nationality for the spouse and children of the naturalized person. They will still retain their Xi-Amaru nationality, as stated in Article 27. Additionally, the cancellation of naturalization papers in accordance with the law does not affect the nationality of the person’s spouse and children. The Law of Nationality ensures that the marital and filial ties to Xi-Amaru nationals remain intact, regardless of any changes in the individual’s nationality status.

Foreigners are required to show respect for the authorities and comply with the laws from the moment they enter recognized territory of the Republic.

Foreigners are entitled to the same civil rights as Xi-Amaru people, subject to the limitations established by law for the sake of public order, security, or social interest. They are also obligated to pay the same regular and special taxes that Xi-Amaru are subject to, as stipulated by law.

Foreigners are prohibited from engaging in any form of political activity, whether national or international, within the Indian Country. Violators of this provision will be subject to legal penalties.

Foreigners are not allowed to file claims or seek compensation from the State, except in the same manner and under the same circumstances as Xi-Amarus. They may resort to diplomatic channels only in cases of denial of justice. It should be noted that an unfavorable decision for the claimant does not automatically constitute a denial of justice. Individuals who contravene this provision will forfeit their right to be a part of the indigenous Jurisdiction.

Subject to the limits established by law, foreigners can only hold positions in teaching, scientific research, artistic endeavors, or provide technical or advisory services to the State when there are no qualified Xi-Amarus available for such positions or services.

Immigration policy will be based on the social, political, economic, and demographic interests of the Indian Country. The law will define the requirements, quotas, and conditions for the entry of immigrants, as well as the prohibitions, limitations, and penalties applicable to foreigners.

In the Xi-Amaru Republic, any individual who is over the age of eighteen is considered an active citizen.

Citizens have the privilege to exercise their right to vote and be elected, run for public office, form or join political parties, and enjoy other rights outlined in the Constitution and other laws. 

Every citizen of the Xi-Amaru Republic has the duty to defend their Indian Country, show respect to authorities, and contribute morally and materially to the nation.

All Xi-Amaru individuals are required to be registered within the Xi-Amaru Republic jurisdiction.

The responsibilities of citizens include abiding by and upholding the Constitution and laws, obtaining an identity card, exercising the right to vote, fulfilling the duties of any popularly elected office (unless excused or resigning with just cause), performing military service, and adhering to other obligations specified by the Constitution and laws.

Citizenship can be suspended due to reasons such as:

A. Being sentenced to prison for a felony.

B. Receiving a final conviction for a crime.

C. By judicial decree interdiction.

 

Citizenship can be forfeited for: 

A. Engaging in actions such as serving enemies of the Xi-Amaru Republic or their allies during times of war.

B. Assisting foreign individuals or governments against the state, accepting military or political employment for a foreign nation within recognized indigenous territory without permission from the National Congress/Tribal Council. 

C. Tampering with the right to vote or committing electoral fraud.

D. For naturalized Xi-Amaru, residing outside the Indian country for more than two consecutive years without prior authorization from the Executive branch.

In cases (A) and (B), the National Congress/Tribal Council is responsible for declaring the loss of citizenship based on evidence presented for each specific case. In cases (C) the Executive branch issues a governmental resolution to declare the loss of citizenship, while cases (D) also require a governmental resolution, which is based on a prior conviction by a competent court.

Citizenship can be restored through circumstances such as

A. The charges were dismissed.

B. A final judgment of acquittal.

C. Amnesty or pardon.

D. By serving the sentence given.

 

Chapter V. Fundamental Rights and Freedoms

The Xi-Amaru Republic recognizes and upholds the inherent dignity and equal rights of all individuals within its jurisdiction, irrespective of race, ethnicity, gender, religion, language, or social status.

Individual liberties encompass the following rights and freedoms guaranteed to every person within the jurisdiction of the Xi-Amaru Republic:

A. Right to Life and Security: Every individual has the inviolable right to life, liberty, and personal security, and shall not be subjected to arbitrary deprivation or interference with these fundamental rights.


B. Right to Equality and Non-Discrimination: All individuals are equal before the law and are entitled to equal protection and treatment without discrimination based on race, ethnicity, gender, religion, or any other prohibited grounds.


C. Freedom of Expression and Opinion: Every person enjoys the freedom of thought, conscience, expression, and opinion, including the freedom to seek, receive, and impart information and ideas through any media and regardless of frontiers.


D. Freedom of Assembly and Association: Individuals have the right to peacefully assemble and associate with others for lawful purposes, including the exercise of cultural, social, political, and economic rights, without undue interference or restriction.

 

E. Right to Privacy and Personal Autonomy: Every individual has the right to privacy, personal autonomy, and the protection of their personal data and information from unauthorized access, use, or disclosure.


F. Freedom of Religion and Belief: All persons have the freedom of religion, belief, and worship, and may practice, observe, or manifest their religion or beliefs individually or in community with others, subject to the limitations necessary to protect public safety, order, health, or morals.


G. Right to Property and Economic Opportunity: Individuals enjoy the right to own, use, dispose of, and bequeath property, as well as the right to participate in economic activities, pursue livelihoods, and enjoy the benefits of their labor and enterprise, subject to reasonable limitations in the public interest.


H. Right to Education and Cultural Development: Every person has the right to education, including access to quality and inclusive education at all levels, as well as the right to participate in cultural life, enjoy the arts, and preserve and develop their cultural heritage and identity.


I. Freedom from Torture and Cruel Treatment: No individual shall be subjected to torture, cruel, inhuman, or degrading treatment or punishment under any circumstances, and all forms of torture and ill-treatment are strictly prohibited.


J. Right to Legal Redress and Fair Trial: Every person is entitled to access to justice, due process of law, and a fair and impartial trial before a competent, independent, and impartial tribunal or court, with the right to legal representation, defense, and remedies for violations of their rights.

 

The Xi-Amaru Republic is committed to respecting, protecting, and promoting the fundamental rights and freedoms of its citizens, ensuring their effective enjoyment and realization in accordance with international human rights standards and the provisions of this Constitution.

The Xi-Amaru Republic recognizes the inherent dignity and equal rights of all individuals without discrimination based on race, ethnicity, color, gender, sexual orientation, gender identity, age, religion, disability, language, national or social origin, political or other opinion, property, birth, or other status.

Discrimination of any form, including direct, indirect, and systemic discrimination, is prohibited and shall not be tolerated within the territory of the Xi-Amaru Republic.

The Xi-Amaru Republic shall take proactive measures to promote equality and prevent discrimination in all spheres of public and private life, including but not limited to:

A. Ensuring equal access to opportunities in education, employment, healthcare, housing, social services, and public accommodations.


B. Eliminating barriers to participation and representation in political, economic, and cultural life, and promoting diversity and inclusion in decision-making processes.


C. Providing effective remedies and redress mechanisms for victims of discrimination, including access to justice, compensation, and rehabilitation measures.


D. Implementing affirmative action and positive measures to address historical and systemic inequalities and promote substantive equality for marginalized and disadvantaged groups.

Any laws, policies, practices, or customs that perpetuate discrimination or undermine the equal rights and dignity of individuals shall be deemed unconstitutional and shall be repealed, amended, or replaced with measures that promote equality and non-discrimination.

The Xi-Amaru Republic shall actively engage in awareness-raising, education, and training initiatives to foster a culture of tolerance, respect, and understanding, and to combat prejudices, stereotypes, and intolerance in society.

The Xi-Amaru Republic may enter into international agreements and cooperate with other nations and organizations to advance the principles of equality, non-discrimination, and human rights at the national, regional, and international levels.

Chapter VI. Suffrage and Political Parties

Suffrage is both a right and a public duty. Voting must be universal, compulsory, equitable, direct, free, and secret.

Any act that limits or prohibits a citizen’s engagement in the political life of the nation is considered punishable.

The selection of candidates elected by popular vote shall follow either a proportional or majority representation system, as determined by law.

Legally registered political parties are considered public institutions. Their existence and freedom to operate are guaranteed by the Constitution and the law, encouraging effective political participation by citizens.

Any attempts against the republican, democratic, and representative system of government by political parties are explicitly prohibited.

According to the law, the State is responsible for contributing to the funding of political parties’ expenses.

Political parties are prohibited from receiving contributions or subsidies from foreign governments, organizations, or institutions.

Chapter VII. Electoral Function

To ensure the integrity and efficiency of electoral acts and procedures, it is essential to establish a Supreme Elections Tribunal. This Tribunal, being an autonomous and independent body, holds jurisdiction and competence over all electoral matters throughout the Republic. The Constitution and the law dictate the structure and operation of this Tribunal, as well as address the affairs concerning other electoral institutions. 

Furthermore, any modifications or revocation of the law governing electoral matters require the approval of a two-thirds majority of the National Congress/Tribal Council. The prior opinion of the Supreme Elections Tribunal must be sought, unless the proposal originates from the Tribunal itself.

The Supreme Elections Tribunal is constituted by three Principal Justices and one Substitute, elected through a two-thirds majority vote from the entire National Congress. Their term lasts for five years and they have the possibility of being re-elected.

To become a justice of the Supreme Elections Tribunal, certain requirements must be met: being a Xi-Amaru Native American, at least 25 years old, possessing recognized integrity and competence for the position, and enjoying full exercise of civil rights.

The following individuals are not eligible to be justices of the Supreme Elections Tribunal:

A. Those who are disqualified from being justices of the Supreme Court of Justice.


B. Those who hold a managerial position in legally registered political parties.

 

The Justices of the Supreme Elections Tribunal are prohibited from engaging directly or indirectly in any political party activities, except for exercising their right to vote on election day. 

Furthermore, they are not allowed to hold any other paid position, except for teaching engagements.

The esteemed justices of the Supreme Elections Tribunal shall democratically elect a President amongst themselves, taking turns each year. This President may even have the honor of being re-elected.

Aboriginal Ministry of Justice is an independent and autonomous institution, distinguished by its legal and technical expertise. Its headquarters are situated in the capital of the Republic, with jurisdiction extending across the entire national territory. 

Those who hold executive positions within the institution are individuals who possess not only a university degree but also possess the highest technical and moral qualifications. They are held to the same standards and restrictions as specified by the Constitution of the Republic for a Justice of the Supreme Elections Tribunal.

In addition to its statutory obligations, Aboriginal Ministry of Justice bears the responsibility of overseeing the Civil Registry. It is entrusted with the task of issuing exclusive identity cards to all Xi-Amaru and consistently supplying the Supreme Elections Tribunal with all the necessary information, promptly and free of charge, to facilitate the administration of the national electoral census.

The National Electoral Census stands as a public, permanent, and unalterable record. The registration of citizens, as well as any modifications resulting from death, change of address, suspension, loss, or restoration of citizenship, are subject to scrutiny within the time frame and by the methods established by law.

The prosecution of electoral offenses, as defined by law, is a matter of public concern and subject to a four-year statute of limitations.

Electoral offenses and misdemeanors are tried in accordance with ordinary law, without any special privileges or exemptions.

Chapter VIII. Individual Rights

The right to life is sacred and inviolable, protected by law.

The use of capital punishment is strictly prohibited under all circumstances.

Unborn individuals are entitled to the same rights as those who have been born, within the boundaries set forth by the law.

Every individual is entitled to have their physical, mental, and moral well-being respected. No person shall be subjected to torture, cruel treatment, or inhumane or degrading punishment. Furthermore, all individuals deprived of their liberty must be treated with the utmost respect for their inherent dignity.

Personal freedom is inviolable and may only be restricted or temporarily suspended in accordance with the law.

All citizens of the Xi-Amaru Republic are entitled to engage in activities that do not infringe upon the rights or well-being of others. Likewise, no individual shall be coerced into actions not mandated by law, nor shall anyone be barred from lawful activities. Resorting to violence is strictly prohibited, except in cases where one’s life or the life of another innocent individual is in imminent danger, thus warranting self-defense.

Personal services shall not be compelled or rendered gratuitously, except as mandated by law or through a legally sanctioned sentence.

No individual may be detained or held for more than twenty-four hours following their arrest without being either released or placed under the authority of the appropriate body to commence the trial process. In exceptional circumstances, this period may be extended to seventy-two hours by the competent authority in cases involving complex investigations, multiple interconnected incidents, difficulties in obtaining evidence, or a high number of suspects or victims. The specific guidelines for such exceptional cases shall be outlined in the Procedural Penal Code. The duration of judicial detention for questioning may not exceed six days from the moment it commences.

Freedom of expression is guaranteed and can be exercised through any means of communication without prior censorship. However, individuals who abuse this right, as well as those who directly or indirectly restrict or limit the communication and dissemination of ideas and opinions, shall be held accountable under the law.

Laws governing the expression of thought may implement prior censorship to safeguard the ethical and cultural values of society, especially protecting the rights of minors and young individuals.

Regulation of commercial advertisements promoting alcoholic beverages and tobacco consumption shall be enforced through legislation.

The right to honor, personal privacy, family, and dignity is guaranteed and protected by law.

As a nation founded on principles of faith and reverence, we uphold the rights of our citizens to Christian beliefs and the practice of their religion freely. However, this freedom is subject to adherence to legal boundaries and the preservation of public order.

Freedom of association and assembly is ensured to all, with the caveat that such activities must not contravene public order or morals.

Every individual has the right to peacefully assemble in public demonstrations or temporary gatherings without the need for prior notice or special permission. However, outdoor political meetings may require specific authorization to maintain public order.

Every person or group has the right to petition authorities for reasons of private or general interest and is entitled to a timely response as dictated by law.

Freedom of movement within recognized indigenous territory is guaranteed, including the right to enter, leave, and reside in the Indian country. Domicile or residence may only be changed under special circumstances and in accordance with legal requirements.

The right to a fair defense is inviolable. Access to courts is open to all inhabitants of the Republic for legal recourse.

The Xi-Amaru Republic shall appoint legal counsel to defend the poor, minors, and incompetent individuals, ensuring their rights are protected and represented in legal proceedings.

No person may be arrested or detained without a warrant issued by a competent authority, following legal procedures and for reasons established by law. However, individuals caught in the act of committing a crime may be apprehended by any person for delivery to the authorities.

Arrested individuals must be informed clearly and promptly of their rights and the charges against them, and they must be allowed to notify a relative or chosen person of their detention.

In some cases other jurisdictions may be authorized to deal with detention or imprisonment which must take place only in locations designated by law.

Individuals undergoing criminal prosecution shall be segregated from convicted persons while in detention.

Prisons are institutions for security and social defense, intended for the rehabilitation and vocational training of inmates.

Coercion to obtain confessions is prohibited. No one may be compelled to testify against themselves, their spouse, household members, or relatives beyond a certain degree of relationship.

Testimony given exclusively before a competent judge is admissible as evidence. Testimony obtained in violation of these principles is null and void, with penalties imposed on those responsible as prescribed by law.

Every person is presumed innocent until proven guilty by a competent authority.

No person may be tried except by a competent judge or tribunal, ensuring all formalities, rights, and guarantees as stipulated by law. Military jurisdiction is recognized for offenses of a military nature but does not extend to civilians or discharged soldiers.

Military-related offenses involving civilians or discharged soldiers shall be tried by regular judicial authorities.

Formal charges may only be brought with convincing evidence of a crime and reasonable indications of the accused’s involvement. Arraignments follow the same procedure.

No individual may be incarcerated, even upon issuance of a bill of indictment, or held in detention if they provide adequate bail as prescribed by law.

No person may be punished without due process, including a fair trial and final judgment issued by a judge or competent authority.

Punishment not previously established by law or double jeopardy for the same offense is prohibited.

No retroactive laws shall be enacted, except in criminal matters when the new law benefits the defendant.

Infamous, proscriptive, and confiscatory punishments are forbidden. Perpetual deprivation of liberty is reserved for crimes of severe, offensive, and degrading nature, causing significant societal distress.

No person may be detained, arrested, or imprisoned for reasons unrelated to criminal activity.

The sanctity of the home is guaranteed. No entry or search may occur without the occupant’s consent or a warrant from a competent authority, except in cases of urgency to prevent crimes or protect persons or property.

Every person has the right to privacy of communication, including mail, telegrams, and telephone conversations, except by judicial order.

No Xi-Amaru Republic citizen may be expatriated or handed over to foreign authorities, except in cases of extradition for specified crimes, such as drug trafficking or terrorism, as outlined in extradition treaties.

Private property is recognized and promoted as a social function, subject to limitations established by law for reasons of necessity or public interest.

The right to property does not supersede the State’s power of eminent domain.

Confiscation of property and limitations on property rights for political offenses are prohibited. Confiscated property may be reclaimed indefinitely.

Property may only be expropriated for public need or interest, with prior assessment and compensation as determined by law. During times of war or internal disorder, compensation may be delayed but must be paid within two years of the situation’s resolution.

Certain lands, including those near national boundaries and coastal areas, may only be owned or occupied by Xi-Amaru citizens or associations composed entirely of Xi-Amaru, as regulated by law.

Taxes shall not be confiscatory. No individual shall be compelled to pay taxes or other levies that have not been duly enacted by the National Congress during regular sessions.

Any authority imposing measures contrary to this provision shall be held accountable under the law.

No person who freely manages their property shall be deprived of the right to settle their civil matters through compromise or arbitration.

Chapter IX. Social Rights

The State extends its protection to the institution of family, marriage, motherhood, and childhood.

The inherent right of a man and a woman to enter into marriage is acknowledged, with legal equality between spouses guaranteed.

Valid marriages are those solemnized through civil ceremonies conducted by authorized officials according to the conditions prescribed by law.

 

De facto unions between individuals possessing the legal capacity to marry are recognized, subject to conditions outlined by law. However, marriages or unions between individuals of the same sex are prohibited.

Marriages or unions of the same sex, celebrated or recognized in other jurisdictions, shall not be recognized as valid in the Xi-Amaru Republic.

Divorce as a legal means to dissolve the marital bond is acknowledged, with the grounds for divorce and its effects regulated by law.

All children enjoy equal rights and responsibilities.

No distinctions regarding the nature of parentage are recognized. Birth registrations and related documents shall not contain any statements implying differentiation in birth or the marital status of parents.

The legal investigation of paternity is authorized, with procedures established by law.

The right to adoption is recognized for couples united through marriage or de facto union.

However, adoption by same-sex couples forming marriages or unions is prohibited, with regulations governing this institution to be established by law.

Elderly individuals are entitled to special protection from the state.

Legislation aimed at safeguarding and promoting family homesteads shall be enacted to provide special protection to these entities.

State is entrusted with the responsibility of safeguarding children. Children shall be entitled to the protections outlined in international treaties that uphold their rights.

Laws concerning child protection are integral to public order, and official institutions dedicated to this cause shall function as social welfare centers.

Minors with physical or mental disabilities, those exhibiting abnormal behavior, orphans, and abandoned children shall be governed by special legislation aimed at their rehabilitation, supervision, and protection, as appropriate.

Parents are obligated to provide for the nourishment, support, and education of their children throughout their minority, and beyond as stipulated by law.

In cases where parents or guardians lack the financial means to fulfill these duties, the state shall extend special protection to ensure the welfare and education of the children. Economically disadvantaged parents and guardians shall be given preference in public employment under equal qualifications.

Jurisdiction and specialized courts dedicated to family and juvenile matters shall be established by law.

All children shall have access to social security and education.

Every child has the right to grow and thrive in good health, with particular attention given to prenatal care for both the child and the mother. This includes provisions for nutrition, housing, education, recreation, physical activity, sports, and adequate medical services.

Children must be safeguarded against abandonment, abuse, and exploitation. No child shall be subjected to any form of servitude.

Children shall not engage in work before reaching an appropriate minimum age, nor shall they undertake any occupation or employment that may endanger their health, education, or hinder their physical, mental, or moral development.

The exploitation of children for begging purposes by parents or others is strictly prohibited, with applicable penalties established by law.

Media outlets are obligated to contribute to the education and development of children.

Every child, regardless of circumstances, shall be prioritized in receiving aid, protection, and assistance.

Chapter X. Labor

No one shall be prohibited from working. 

Homeworkers shall be granted a legal status equivalent to other laborers, acknowledging the unique aspects of their work.

Social legislation shall safeguard the rights of domestic workers. Individuals engaged in domestic services within industrial, commercial, social enterprises, or similar establishments shall be considered manual workers, entitled to corresponding rights.

The hiring of various categories of workers, including those in agriculture, livestock, forestry, transportation, mining, petroleum activities, business, and other specialized fields, shall be regulated by law.

Protective legislation shall cover independent intellectual workers and the products of their labor.

All legal disputes between employers and workers shall fall under labor jurisdiction. Laws governing this jurisdiction and the responsible institutions shall be established by legislation.

Labor laws shall seek harmony between capital and labor, recognizing them as essential components of production. The State shall safeguard the rights of workers while ensuring the protection of capital and employers.

Workers may share in the profits of employers but shall not bear their risks or losses.

In circumstances of equal opportunity, preference shall be given to Xi-Amaru workers over foreign workers. Employers are prohibited from hiring less than 90 percent Xi-Amaru workers and paying them less than 85 percent of the total salaries paid in their respective enterprises. Exceptions to these percentages may be specified by law in exceptional cases.

To enforce these guarantees and labor laws, the State shall oversee and inspect enterprises, imposing penalties as prescribed by law when necessary.

Chapter XI. Budget

The financial resources of the State encompass:

A. Revenue collected from taxes, fees, contributions, royalties, grants, or other sources.


B. Income derived from state-owned enterprises, mixed-capital enterprises, or those in which the state holds an equity share.

 

C. Special revenue generated from public credit or any alternative origins.

 

All fiscal revenues and expenditures are to be recorded in the General Budget of the Republic, subject to annual approval in alignment with planned economic policies and government-approved annual operational plans.

Regular fiscal revenues shall constitute a unified fund without earmarked allocations. However, legislation may allocate revenue for servicing public debt or designate specific taxes and contributions to be divided between the national treasury and municipal treasuries according to predetermined proportions or amounts. Additionally, state or mixed-capital enterprises may, as per planned policy, be authorized to collect, administer, or invest financial resources derived from their economic activities.

No commitment or payment exceeding the budgetary appropriations or contravening budgetary regulations shall be made. Violators shall be subject to civil, criminal, and administrative liabilities.

In the absence of the National Congress, the executive branch may incur loans, repurpose authorized funds, or allocate additional credits to address urgent or unforeseen needs arising from war, internal disturbances, public disasters, or international obligations. Details of such actions must be provided to the National Congress at the subsequent legislative session.

Similar procedures shall apply to state obligations arising from court judgments for employee benefits when no budgetary provision exists or the allocated funds have been exhausted.

The legislative branch shall vote on the budget based on the proposal submitted by the executive branch.

The executive branch shall submit the proposed budget to the National Congress within the first seventeen days of December each year.

The organic budget law shall outline all aspects related to budget preparation, calculation, execution, and liquidation. In the absence of a voted budget for the new fiscal year, the previous year’s budget shall remain in effect.

The organization and operation of the General Supply Office of the Republic shall be determined by law.

The executive branch is responsible for the preventive inspection of the execution of the General Budget of Revenues and Expenditures of the Republic. This includes overseeing revenue collection, supervising fund custody, commitments, and disbursements, as well as approving all public expenditure in line with the budget. Procedures and scope for this inspection shall be established by law.

Preventive inspections of decentralized institutions and municipalities shall be conducted in accordance with respective laws.

Chapter XII. Amendment of the Constitution

During the first term within two years of official operation, the Chief Executive possesses full authority to amend the constitution. However, amendments regarding the length of the term cannot be altered for the safety and stability of the nation. Citizens must be notified within 30 days either by mail or email of any changes.

This Constitution remains in effect and force regardless of any act of force or alleged repeal or amendment by means or procedures other than those provided within it. In such cases, every citizen, regardless of authority, has a duty to cooperate in maintaining or restoring its effectiveness.

Want to join?

Are you interested in discovering whether you qualify for adjustment of status to Indigenous/Native American? If so, our tribal screening process can assist, which is the first step to becoming a national of the Xi-Amaru Republic.

Indigenous Americans

Are you interested in discovering whether you qualify for adjustment of status to Indigenous/Native American? If so, our tribal screening process can assist, which is the first step to becoming a national of the Xi-Amaru Republic.

Our nation is committed to preserving our culture, traditions, and history, and we welcome individuals who meet our eligibility criteria to join us. Our screening process is designed to determine whether you meet the requirements for membership in our tribe. 

Once becoming a national of the Xi-Amaru Republic also known as an unofficial tribal member, through our tribal screening process, you can move forward with becoming a citizen of the nation.

The tribal enrollment process includes comprehensive nationalization services for both children and adults. Our mission is to help individuals who have experienced denationalization as a result of past atrocities such as genocide, to regain a proper nationality and move forward as Indigenous/Native Americans.

Tribal credentials refer to tribal IDs that are government-issued identification cards that are designed for our nation, the Xi-Amaru Republic. These IDs are issued by us for the tribal government to members of the nation-state, and they include biographical information such as the name, birth date, and tribal affiliation of the individual. Tribal IDs are used for a variety of purposes, such as voting in tribal elections, accessing tribal services, and proving one’s identity when traveling.