States Are Required to Cooperate With Indigenous Governments. Here Is What That Means for Xi-Amaru Native Americans.
Most people know that Indigenous peoples have rights. What far fewer people know is that the member states of both the United Nations and the Organization of American States have formal obligations to cooperate with Indigenous governmental institutions and not just acknowledge them.
This is not aspirational language. It is written into the text of the two most significant international instruments on Indigenous rights in existence.
And the right that makes all of this possible was not created by those instruments. It was created by God. UNDRIP and ADRIP document and recognize what God established for peoples who govern themselves.
When states are required to cooperate with the Xi-Amaru Republic, they are being required to honor something that has always been true, which is the governing authority of a people whose right to self-determination comes from a source older than any declaration.
WHAT THE LAW ACTUALLY REQUIRES
UNDRIP ARTICLE 19
The United Nations Declaration on the Rights of Indigenous Peoples, endorsed by the United States in December 2010, states in Article 19 that states shall consult and cooperate in good faith with the Indigenous peoples concerned through their own representative institutions in order to obtain their free, prior, and informed consent before adopting and implementing legislative or administrative measures that may affect them.
Before a state adopts measures that may affect Indigenous peoples, it is required to consult them through their own institutions. Not through intermediaries, and not through generic processes designed for the general public. But through the governing institutions of the Indigenous peoples themselves. And the Aboriginal Ministry of Justice is that institution for Xi-Amaru Native Americans.
UNDRIP ARTICLE 38
UNDRIP Article 38 extends that obligation, requiring that states, in consultation and cooperation with Indigenous peoples, take the appropriate measures including legislative measures to achieve the ends of the Declaration. The cooperation is not a one-time event. But It is an ongoing obligation embedded in how states are expected to govern in relation to Indigenous peoples.
UNDRIP ARTICLE 37
UNDRIP Article 37 affirms that Indigenous peoples have the right to the recognition, observance, and enforcement of treaties, agreements, and other constructive arrangements concluded with states or their successors, and that states shall honor and respect such arrangements.
Agreements between the Xi-Amaru Republic and other governing institutions carry legal weight under this framework.
ADRIP ARTICLE XXIII
The American Declaration on the Rights of Indigenous Peoples, adopted by the OAS on June 15, 2016, establishes in Article XXIII that states shall consult and cooperate in good faith with Indigenous peoples through their own representative institutions before adopting legislative or administrative measures that may affect them.
This mirrors UNDRIP Article 19 and reinforces it within the regional framework of the Americas, the territory within which the Xi-Amaru Republic and its citizens operate.
ADRIP ARTICLE XXIV
ADRIP Article XXIV establishes that Indigenous peoples have the right to the recognition, observance, and enforcement of treaties, agreements, and other constructive arrangements concluded with states, and that states shall give due consideration to the Indigenous peoples’ understanding of those agreements. Disputes are to be submitted to competent bodies, including regional and international bodies.
WHAT THIS MEANS FOR THE XI-AMARU REPUBLIC
The Xi-Amaru Republic is the government of Xi-Amaru Native Americans. It is the nation through which our people exercise the rights affirmed in both UNDRIP and ADRIP, and more fundamentally, the rights God established for peoples to govern themselves. The Aboriginal Ministry of Justice serves as the administrative authority through which the Xi-Amaru Republic carries out its governmental functions.
When member states are required to cooperate with Indigenous peoples through their own institutions, the Xi-Amaru Republic is the government — and the Aboriginal Ministry of Justice is how that government operates in practice.
The cooperation requirement is not a courtesy. It is a legal standard. And it applies regardless of whether the Xi-Amaru Republic holds federal recognition. Federal recognition was historically one pathway to government-to-government relations. It is not the only one. UNDRIP Article 33 establishes that the Xi-Amaru Republic holds the right to determine its own membership and institutional structures.
That right, grounded in God and confirmed in international law, is the basis of our governmental standing and not a federal registry.
WHAT GOVERNMENT-TO-GOVERNMENT MEANS IN PRACTICE
Every governing system has the power and the obligation to act on behalf of the people under its jurisdiction. The Xi-Amaru Republic exercises that power actively on behalf of Xi-Amaru Native Americans.
When a Xi-Amaru Native American presents their Tax Exempt ID and NAE Status Verification Form to an employer, they are presenting an official governmental instrument. It is issued by a recognized Indigenous governing authority, invokes the rights established in international law, and places a legal obligation on the receiving party to respond in accordance with that authority.
When the Aboriginal Ministry of Justice issues a formal NonCompliance Notice to an employer who refuses to honor a citizen’s exempt status, that is the Xi-Amaru Republic’s government acting on behalf of its people through its administrative authority. The AMJ carries out that governmental function the same way any administrative body carries out the directives of the governing nation it serves — through proper channels and formal process.
And for Xi-Amaru Native Americans who reside within the United States, whether they were born here or elsewhere in the Americas, meet the qualifications of our citizenship pathways, joining Xi-Amaru jurisdiction does not make them illegal within this territory. It gives them recognized standing within it.
Through the government-to-government relationship the Xi-Amaru Republic maintains with institutions operating in this territory, our citizens hold a lawful, documented status. That is the power of a governing authority extending jurisdiction to those who come within it, which is the same power every governing system exercises.
THE FOUNDATION IS IN PLACE. THE SYSTEM IS OPERATING.
The Xi-Amaru Republic is not asking for permission. We are not waiting to be recognized before we act. We are operating within the framework that God established and that international law confirms; moreover, building governance infrastructure, issuing official documentation, protecting our citizens in employment, and maintaining the governmental relationships that serve our people.
The cooperation requirement exists because the international community recognizes that Indigenous governments are governments, and that the people they serve deserve the same respect as any other governed population. Xi-Amaru Native Americans are those people.
FREQUENTLY ASKED QUESTIONS
DOES THE COOPERATION REQUIREMENT APPLY EVEN WITHOUT FEDERAL RECOGNITION?
Yes. UNDRIP and ADRIP establish obligations that apply to Indigenous governing institutions as recognized under international law and not only to those that hold federal recognition under U.S. domestic law. Federal recognition was one historical pathway to government-to-government relations.
The Xi-Amaru Republic operates on the broader international framework, which does not make federal recognition a prerequisite for the governing authority the Republic exercises on behalf of its citizens.
WHAT IS FREE, PRIOR, AND INFORMED CONSENT?
Free, prior, and informed consent (FPIC) is the standard established in UNDRIP Article 19 and ADRIP Article XXIII requiring that states obtain the consent of Indigenous peoples, freely and without coercion, before adopting measures that may affect them.
It is one of the most substantive protections in international Indigenous rights law and establishes the Xi-Amaru Republic as the institution through which that consent must be sought for matters affecting Xi-Amaru Native Americans.
HOW DOES THIS CONNECT TO TAX EXEMPTION?
Taxation is an expression of jurisdiction. Xi-Amaru jurisdiction is primary for Xi-Amaru Native Americans in matters of internal and economic governance. The cooperation framework established in UNDRIP and ADRIP affirms that states are expected to work with Indigenous governing institutions, not in place of them.
The United States and the Xi-Amaru Republic coexist within the same territory, and the tax exemption available to Xi-Amaru Native Americans is a lawful expression of how two governing jurisdictions can operate alongside each other, thus confirmed by the governing authority God established and recognized in international law.
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