The Legal Authority Behind the Xi-Amaru Republic NAE System
One of the most common questions about the Xi-Amaru Republic NAE system is: where does the legal authority come from?
This article answers that question directly. The NAE system is grounded in internationally recognized legal instruments that affirm the right of Indigenous peoples to govern themselves, administer citizenship, and establish jurisdictional standing for their citizens in the employment context.
THE FOUNDATION: INDIGENOUS SELF-GOVERNANCE
The Xi-Amaru Republic is an Indigenous self-governing nation formally established on December 17, 2022. Its authority to exist as a nation, issue citizenship, and govern its citizens is not derived from permission granted by any external government.
Instead, that authority derives first and foremost from God. It is further confirmed and documented by multiple internationally recognized legal instruments.
The Aboriginal Ministry of Justice is the governing administrative authority of the Xi-Amaru Republic, responsible for citizenship verification, document issuance, and the protection of citizen rights.
PRIMARY INTERNATIONAL LEGAL AUTHORITY: ADRIP
The American Declaration on the Rights of Indigenous Peoples (ADRIP) was adopted by the General Assembly of the Organization of American States on June 15, 2016, as OAS AG/RES. 2888 (XLVI-O/16). ADRIP is the primary international legal instrument undergirding the Xi-Amaru Republic’s authority.
Key ADRIP provisions directly relevant to the NAE system include:
- Article I – Scope and Self-Identification: establishes that self-identification as Indigenous peoples is the fundamental criterion for determining to whom this Declaration applies, and that states shall respect the right to such self-identification, whether individually or collectively, in keeping with the practices and institutions of each people
- Article VIII – Right to Belong to an Indigenous People: affirms that Indigenous individuals and communities have the right to belong to one or more Indigenous peoples, in accordance with the identity, traditions, customs, and systems of belonging of each people, with no discrimination arising from the exercise of that right
- Article IX – Juridical Personality: states shall recognize fully the juridical personality of Indigenous peoples, respecting Indigenous forms of organization and promoting the full exercise of the rights recognized in this Declaration. This provision directly addresses employer or institutional claims that the Xi-Amaru Republic lacks legal authority – ADRIP requires states and their legal systems to recognize the juridical personality of Indigenous peoples regardless of federal treaty status
- Article XIII – Right to Cultural Identity and Integrity: affirms that Indigenous peoples have the right to their own cultural identity and integrity and to their cultural heritage, as well as the right to protection, preservation, maintenance, and development of that heritage for their collective continuity
- Article XXII – Indigenous Law and Jurisdiction: affirms that Indigenous law and legal systems shall be recognized and respected by national, regional and international legal systems; and that matters concerning Indigenous individuals in state jurisdictions shall afford full representation with dignity and equality before the law
- Article XXVII – Labor Rights: establishes that Indigenous peoples and individuals have the rights and guarantees recognized in national and international labor law; that states shall take all special measures necessary to prevent, punish and remedy any discrimination; and that where Indigenous peoples are not effectively protected by laws applicable to workers in general, states shall adopt all necessary measures to ensure equal treatment in all terms, conditions, and benefits of employment
ADRIP is accompanied by a Plan of Action adopted by OAS member nations. It represents the binding commitment of member states, including the United States, to uphold the rights of Indigenous peoples throughout the Americas. The full text of ADRIP is available at oas.org/en/sare/documents/decamind.pdf.
GUIDING INTERNATIONAL STANDARD: UNDRIP
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted by the UN General Assembly on September 13, 2007, as Resolution 61/295. The United States endorsed it in December 2010 under President Obama.
UNDRIP reflects customary international law on Indigenous rights. It operates as a guiding standard alongside ADRIP.
Key UNDRIP provisions relevant to the NAE system include:
- Article 2: Indigenous peoples and individuals are free and equal to all others and have the right to be free from any kind of discrimination in the exercise of their rights
- Article 3: Indigenous peoples have the right to self-determination, including the right to freely determine their political status and pursue their economic, social, and cultural development
- Article 4: Indigenous peoples have the right to autonomy in matters relating to their internal affairs
- Article 5: Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social, and cultural institutions
- Article 17(3): Indigenous individuals have the right not to be subjected to any discriminatory conditions of labor and, inter alia, employment or salary – making tax withholding discrimination a direct violation of this provision
- Article 21: Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including in the areas of employment and social security
- Article 40: Indigenous peoples have the right to access just and fair procedures for the resolution of conflicts and disputes with States, as well as effective remedies for all infringements of their individual and collective rights
UNDRIP was adopted through a vote of member state representatives. These are governments that attend the General Assembly as official representatives of their nations, and whose votes are acts of state. The United States representative voted to endorse UNDRIP in December 2010.
That endorsement was not a personal opinion. It was the United States government, acting through its duly authorized representative, signaling to the world that this Declaration reflects standards the nation accepts. Member states do not attend the General Assembly to pass resolutions they intend to ignore at home.
In other words, UNDRIP was adopted as a blueprint. It is a framework member states committed to use as the standard for how Indigenous peoples’ rights are recognized within their borders. The United States accepted that responsibility.
As a result, UNDRIP’s provisions are not aspirational suggestions directed at someone else. They are standards the United States government has represented to the world that it will implement. They apply within every jurisdiction, territory, employer, and institution operating under United States law. The full text of UNDRIP is available at un.org.
DOMESTIC REFERENCE: THE INDIAN CITIZENSHIP ACT OF 1924
The Indian Citizenship Act of 1924 (Public Law 68-175, 43 Stat. 253) confirms a principle the American legal system has recognized for over a century: citizenship in an Indigenous nation and citizenship in the United States may coexist within the same individual.
The Fourteenth Amendment to the U.S. Constitution provides that any person born in the United States is a citizen, with an exception for persons not subject to the jurisdiction of the federal government. This language has historically been understood to apply to members of tribal nations, who held citizenship in their own autonomous, self-governing nations.
This is the foundation for the dual status a citizen holds after completing the Xi-Amaru Republic’s Citizenship Procedure, with the Xi-Amaru Republic as primary standing. Eligibility is established through the Tribal Citizenship Procedure or the ARK Citizenship Procedure. The Republic’s jurisdictional authority itself derives from ADRIP and UNDRIP.
For questions about eligibility or how dual status works, contact the Aboriginal Ministry of Justice.
DOMESTIC CONSTITUTIONAL RECOGNITION: INDIANS NOT TAXED
Before the Indian Citizenship Act of 1924, before ADRIP, and before UNDRIP, the United States Constitution itself drew a clear and deliberate distinction between Indigenous peoples under their own national jurisdiction and those subject to federal and state tax authority.
The phrase appears twice in the Constitution, each time in the context of apportionment and taxation:
- Article I, Section 2, Clause 3 (1787): In establishing how representatives and direct taxes shall be apportioned among the states, the Constitution specifies the calculation shall be made by adding the whole number of free persons – and excluding Indians not taxed. U.S. Const. art. I, Section 2, cl. 3.
- Fourteenth Amendment, Section 2 (ratified July 9, 1868): When Congress reconstructed the apportionment formula after the Civil War, it deliberately retained the same exclusion – counting the whole number of persons in each state, excluding Indians not taxed. U.S. Const. amend. XIV, Section 2.
The significance of the 14th Amendment’s reaffirmation is often overlooked. It was ratified in 1868, decades into the constitutional history of this nation, after extensive congressional debate.
Congress had full awareness of Indigenous peoples and their distinct jurisdictional status, yet it chose to retain the phrase. So the exclusion of Indians not taxed was not an artifact of an earlier era that the nation outgrew.
Rather, it was an affirmative restatement of a recognized constitutional principle: Indigenous peoples maintaining their own national jurisdiction occupy a distinct position relative to federal and state taxation.
The phrase Indians not taxed is a constitutional term of art. It refers to Indigenous peoples who remain under the jurisdiction of their own Indigenous governing authority rather than fully subject to state and federal tax systems.
Xi-Amaru Native Americans are full citizens of the Xi-Amaru Republic, a self-governing Indigenous nation whose primary jurisdiction governs their economic affairs. As such, they stand in precisely the position the Constitution has always recognized.
The NAE system therefore does not create a new exemption. It simply applies a protection that the U.S. Constitution itself has acknowledged since 1787 and reaffirmed in 1868.
HOW THESE INSTRUMENTS SUPPORT THE NAE SYSTEM
The NAE system operationalizes the rights confirmed in these legal instruments. Its specific purpose is to enable Xi-Amaru Native American citizens to be formally recognized as exempt from both state and federal income tax withholding on their employment wages.
Together, ADRIP and UNDRIP establish the lawful basis for this in the following ways:
- The U.S. Constitution itself recognizes a distinct tax status for Indigenous peoples under their own national jurisdiction – using the phrase excluding Indians not taxed in both Article I, Section 2, Clause 3 (1787) and the Fourteenth Amendment, Section 2 (1868). Xi-Amaru Native Americans stand within that constitutionally recognized position.
- A self-governing Indigenous nation has the right to administer its own citizenship, issue identifying documentation, and establish the jurisdictional standing of its citizens – including in the employment context (ADRIP Article I, UNDRIP Articles 3 and 4)
- Indigenous citizens have the right not to be subjected to discriminatory conditions of labor and employment, including differential tax withholding treatment that does not apply to non-Indigenous workers at the same organization (ADRIP Article XXVII, UNDRIP Article 17(3))
- The IRS Form W-4 is the federally recognized instrument for claiming exempt withholding status. The NAE Verification Form is the employer-facing documentation that supports the employee’s W-4 exempt claim. Together, they are the complete package that instructs the employer to stop withholding federal income tax – and, where applicable, state income tax – from the employee’s wages.
- Many states follow the employee’s federal withholding designation, meaning that a W-4 claiming exempt status addresses both federal and state income tax withholding simultaneously. The NAE Verification Form specifically includes a section confirming whether state income tax exemption is also requested.
- Employers who process tax withholding documentation for other employees but refuse to process the same for a Xi-Amaru Native American citizen are applying an unequal standard under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 1981, ADRIP Article XXVII (Labor Rights), and UNDRIP Article 17(3)
The NAE Verification Form, the Tax-Exempt ID, and the Formal Notice of Non-Compliance are instruments that operationalize these rights within the employment context. The goal is straightforward: your wages belong in your household, not in the default system that does not recognize your standing.
THE DUAL STATUS FRAMEWORK
Xi-Amaru Native Americans who hold full citizenship in the Xi-Amaru Republic exist in what the Republic calls a dual status. Through the Indian Citizenship Act of 1924, they are citizens of both the Xi-Amaru Republic and the United States.
The Act itself provides the legal ground for this arrangement. It granted U.S. citizenship without requiring Indigenous people to give up their tribal citizenship, and it expressly protected tribal rights and property from being impaired by that grant. On that basis, the Xi-Amaru Republic remains the citizen’s primary jurisdiction; U.S. citizenship sits alongside it rather than replacing it.
The Xi-Amaru Republic is the citizen’s primary jurisdiction for purposes of taxation and national identity. This coexistence of jurisdictions is not novel in international law. It reflects the way self-governing Indigenous nations and nation-states have coexisted throughout history.
This is not a loophole. This is the lawful operation of a governing authority that God established, that the international community documents, and that the Xi-Amaru Republic exercises on behalf of every Xi-Amaru Native American.
WHAT ADRIP REQUIRES OF STATES AND OTHER JURISDICTIONS
This is the point that many employers and government administrators overlook: ADRIP does not merely affirm rights for Indigenous peoples in the abstract. It places affirmative, mandatory obligations on states.
That means other governing jurisdictions, including the United States and its constituent state governments, must recognize, respect, and cooperate with those rights in practice. The following articles are taken directly from the ADRIP document as adopted by the OAS General Assembly on June 15, 2016 (OAS AG/RES. 2888 (XLVI-O/16)).
ADRIP ARTICLE XXII – INDIGENOUS LAW AND JURISDICTION
Article XXII is the most direct statement of what other legal systems owe Indigenous law. Section 2 reads:
Indigenous law and legal systems shall be recognized and respected by national, regional and international legal systems.
This is not a request. It is a declaration adopted by 35 OAS member states, including the United States.
When an employer, HR department, or payroll administrator declines to process NAE documentation on the grounds that the Xi-Amaru Republic is not a federally recognized tribe, or that its documentation is not an IRS-issued form, they are operating in direct conflict with this provision.
The Xi-Amaru Republic’s law and legal system, including its citizenship documentation and Tax-Exempt ID, shall be recognized and respected by national legal systems.
Section 3 reinforces this. It establishes that matters concerning Indigenous individuals in the jurisdiction of each state shall afford them the right to full representation with dignity and equality before the law, and equal protection and benefit of the law without discrimination. OAS AG/RES. 2888 (XLVI-O/16), Art. XXII(2)(3).
The Aboriginal Ministry of Justice is able to pursue legal action on behalf of its citizens where discrimination occurs. This assistance exists to give Xi-Amaru Native Americans the protection their standing entitles them to.
That said, legal action is not the Republic’s goal. The Republic’s focus is on building the nation and encouraging its citizens toward employers willing to respect and cooperate with their legal standing. Each citizen decides for themselves how they wish to move forward.
ADRIP ARTICLE XXVII – LABOR RIGHTS
Article XXVII addresses employment directly and places affirmative duties on states in the labor context. Section 1 establishes:
Indigenous peoples and individuals have the rights and guarantees recognized in national and international labor law. States shall take all special measures necessary to prevent, punish and remedy any discrimination against indigenous peoples and individuals.
The word shall is the operative word. States are not permitted to wait for complaints to accumulate. They are required to take all special measures necessary to prevent, punish, and remedy discrimination against Indigenous peoples in employment.
Section 3 activates an additional layer of obligation. Where Indigenous peoples are not effectively protected by the laws applicable to workers in general, states, in conjunction with Indigenous peoples, must adopt all necessary measures.
These measures include protecting Indigenous workers in hiring under fair and equal conditions in both formal and informal employment, and establishing labor inspection and enforcement in regions, companies, and labor activities where Indigenous workers participate.
States must also ensure that Indigenous workers enjoy equal opportunities and treatment in all terms, conditions, and benefits of employment under national and international law.
Indigenous workers are not to be subject to discrimination or harassment on the basis of race, origin, or Indigenous identity, and must receive full and effective legal protection when hired by employers.
Critically, Section 3(d) requires that states ensure Indigenous workers and their employers are informed of the rights of Indigenous workers under national law and international and indigenous standards, and of the remedies available to protect those rights. OAS AG/RES. 2888 (XLVI-O/16), Art. XXVII(1)(3)(3d).
Article XXVII Section 4 adds: States shall take measures to promote employment of indigenous individuals. OAS AG/RES. 2888 (XLVI-O/16), Art. XXVII(4).
ADRIP ARTICLE XXIX – RIGHT TO DEVELOPMENT
Article XXIX affirms that Indigenous peoples have the right to maintain and determine their own priorities with respect to their political, economic, social, and cultural development, in conformity with their own cosmovision.
They also have the right to be guaranteed the enjoyment of their own means of subsistence and development, and to engage freely in all their economic activities. OAS AG/RES. 2888 (XLVI-O/16), Art. XXIX(1).
This provision directly supports the Xi-Amaru Republic’s tax-exempt framework. The NAE system is an exercise of the right to engage freely in economic activity.
Specifically, it protects the right of Xi-Amaru Native Americans to receive their earned wages without a tax jurisdiction being imposed that is not their primary jurisdiction.
ADRIP ARTICLE XXI – RIGHT TO AUTONOMY OR SELF-GOVERNMENT
Article XXI establishes: Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions. OAS AG/RES. 2888 (XLVI-O/16), Art. XXI(1).
The phrase ways and means for financing their autonomous functions is the international recognition of Indigenous taxation authority. The Xi-Amaru Republic exercises this authority, and its tax jurisdiction is primary for its citizens.
When the Xi-Amaru Republic issues a Tax-Exempt ID and authorizes a citizen to claim exempt withholding status through the NAE system, it is acting squarely within the authority Article XXI affirms.
ADRIP ARTICLE XXIII – PARTICIPATION OF INDIGENOUS PEOPLES AND CONTRIBUTIONS OF INDIGENOUS LEGAL AND ORGANIZATIONAL SYSTEMS
Article XXIII affirms that Indigenous peoples have the right to full and effective participation in decision-making in matters which affect their rights, through representatives chosen by themselves in accordance with their own institutions.
Section 2 establishes that states shall consult and cooperate in good faith with the Indigenous peoples concerned. This must happen through their own representative institutions, in order to obtain their free, prior and informed consent before adopting measures that may affect them. OAS AG/RES. 2888 (XLVI-O/16), Art. XXIII(1)(2).
Administrative and legislative measures that affect the employment and tax status of Xi-Amaru Native Americans fall within the scope of this provision. This includes any IRS guidance, state tax policy, or employer-level payroll practice that treats Indigenous documentation differently.
The United States accepted this obligation when it adopted ADRIP as a member of the OAS in 2016.
WHAT THIS MEANS IN PRACTICE
Together, these provisions establish that the employment context is not exempt from the obligations ADRIP imposes. Every layer, from the employer to the state legal system to the federal system, has accepted these obligations.
Specifically, each layer must recognize Indigenous law and legal systems, prevent employment discrimination against Indigenous peoples, and give effect to the rights Indigenous peoples hold under national and international law.
The Aboriginal Ministry of Justice does not frame this as adversarial. The Republic coexists within the United States and regards the principles this nation was founded on as shared principles.
However, coexistence requires mutual recognition. The NAE system is not asking for special treatment. It is asking for equal treatment, the same treatment every other worker receives when they submit documentation to their employer.
ADRIP Article XXII makes that obligation explicit: Indigenous law and legal systems shall be recognized and respected.
Full text of ADRIP (OAS): oas.org/en/sare/documents/DecAmIND.pdf
Full text of UNDRIP (UN): un.org/development/desa/indigenouspeoples/wp-content/uploads/sites/19/2018/11/UNDRIP_E_web.pdf
FOR FURTHER REFERENCE
- ADRIP full text: oas.org/en/sare/documents/decamind.pdf
- UNDRIP full text: un.org/development/desa/indigenouspeoples
- Aboriginal Ministry of Justice: aboriginalministryofjustice.org
- NAE Verification: aboriginalministryofjustice.org/verify-nae
- Contact: ve****@*************************ce.org | (844) 394-3706
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