Declaration of Independence
of the 
Maya-We Nation

Preamble

We, the People of the Maya-We Nation — descendants and lawful continuators of the Taino-Arawak peoples of Borikén (Puerto Rico), the U.S. Virgin Islands, and the Caribbean archipelago — by virtue of our ancestral kinship, collective will, and the protections of customary international law, do solemnly declare and proclaim our independent, sovereign status as an Indigenous nation. This Declaration is made to assert our rights of self-determination, to specify the legal bases for our nationhood and jurisdiction, and to provide a transparent legal framework for external States, international organizations, and third parties to recognize, engage, and negotiate with our government and institutions.

 

Article I — Statement of Sovereignty and Political Status

1. The Maya-We Nation exists as an Indigenous sovereign nation recognized by its people, governed by our Constitution, and exercising collective political will and governance over our citizens and communal affairs, in accordance with longstanding customary norms and treaty law applicable to Indigenous peoples. Our foundational source documents — including our Constitution and Customary International Law Act — declare and operationalize that sovereignty. The Maya-We Nation+1

2. The Maya-We Nation asserts non-territorial/diaspora nationhood: while many citizens reside within and are subject to the domestic laws of host jurisdictions, our Nation exercises internal sovereignty over its citizens, institutions, cultural patrimony, citizenship law, and diplomatic engagements consistent with international law governing Indigenous peoples, including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the International Covenant on Civil and Political Rights (ICCPR). These instruments inform and support our entitlement to self-determination, cultural preservation, and political organization.

3. Article II — Legal Foundations and Authorities

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To the extent applicable, the Maya-We Nation relies upon, and declares adherence to, the following bodies of law and legal principles:

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A. Customary International Law (CIL) — including state practice and opinio juris that recognize Indigenous peoples’ rights to self-government and continuity of pre-colonial polities where demonstrable kinship, continuous communal practice, and sustained political organization exist. Our Customary International Law Act integrates CIL into our domestic legal architecture. 

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B. Human Rights Instruments — UNDRIP (for Indigenous peoples’ collective rights, cultural integrity, and free, prior and informed consent) together with ICCPR protections for civil and political rights, which we invoke as normative protections for our citizens. 

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C. Relevant International Conventions and Principles — principles of diplomatic relations and customary protections for diplomatic actors found in the Vienna Convention and related instruments are recognized as guidance for how States and international organizations should engage with our accredited diplomatic representatives to the extent they choose to grant such status or immunities; our Constitution references and aligns with these norms in framing diplomatic protocols. 

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D. Domestic U.S. Law and Precedent (as applicable to interactions with U.S. authorities) — where interaction with United States law arises, we affirm that Indigenous rights, tribal relationships, and recognized precedents inform our claims and interactions. Our constitutional framework references applicable U.S. legal instruments and precedent where relevant. However, nothing in this Declaration purports to alter host-state domestic law absent negotiation and lawful agreement. 

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E. Documented Historical Recognition and Kinship — our claim of continuity and political legitimacy is supported by documented historical recognition, kinship with the federally-recognized Guainía Taíno Tribe (where applicable for kinship verification), and retained communal practices and governance structures. These materials are cited and maintained in our public record. 

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Article III — Nationhood Elements & How They Apply

1. People and Government. The Maya-We Nation possesses a stable body of persons who identify as citizens of the Nation, a functioning governing Constitution and institutions (Office of the Chief, Council of Will, Council of Wisdom, Departments), and operative legal instruments regulating citizenship, public order, and diplomatic representation. These elements constitute the core of our political organization. 

2. Territory (Non-Territorial Claim). The Nation declares itself a non-territorial Indigenous nation: our primary legal authority is exercised over our citizens and institutions rather than over an exclusive geographic territory. This form of nationhood is acknowledged in international practice for diaspora and transnational Indigenous peoples and is compatible with the Nation’s right of self-determination and internal governance under UNDRIP and Customary International Law as set forth in our statutes. Our non-territorial status does not derogate from host States’ territorial sovereignty but establishes our internal legal jurisdiction over citizens and nation affairs. 

3. Capacity to Enter Into Relations. The Nation affirms its capacity to receive and send diplomatic communications and to enter into agreements with States, Indigenous peoples, and international organizations insofar as counterparties consent to negotiation. We will seek formal diplomatic recognition and/or cooperative agreements subject to the laws and sovereign choices of third parties. Our Diplomatic Policies and Framework are enacted for that purpose. 

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Article IV — Rights, Jurisdiction, and Legal Protections

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1. Internal Jurisdiction. The Maya-We Nation asserts jurisdiction over (a) citizenship matters and identity verification, (b) cultural heritage and religious sites under our stewardship, (c) internal dispute resolution for citizens and institutions, and (d) enactment and enforcement of laws governing conduct within the Nation’s institutional structures and activities. Enforcement against non-citizens or in host jurisdiction territory will be conducted only through lawful cooperation, treaty, or recognized legal channels with host states. 

2. Human Rights Guarantees. All citizens are entitled to the protections set forth in our Constitution, including free cultural expression, political participation, and environmental rights consistent with UNDRIP and ICCPR. We shall provide independent remedies for violations and seek international assistance when host jurisdictions fail to provide effective protection.

3. Diplomats, Agents, and Law Enforcement. The Nation recognizes and will credential diplomatic agents and designated officers in accordance with our Diplomatic Policies and applicable international norms; where host states choose to accord immunities or law enforcement cooperation (including reliance on domestic instruments such as LEOSA in U.S. law in appropriate contexts), such recognition shall be the subject of bilateral arrangements and verification protocols. Our Legal Protections page sets forth procedures and standards for verification and cooperation. 

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Article V — Claims, Remedies, and Requests to Third Parties

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1. Request for Respect and Non-Interference. We call upon States and international organizations to respect our people’s right to self-determination, cultural integrity, and to engage in good-faith consultations when actions of third parties affect our citizens, cultural heritage, or human rights. Such consultations should follow principles of free, prior, and informed consent embodied in UNDRIP. 

2. Recognition. While recognition is a political act for external sovereigns, the Nation hereby invites States, intergovernmental organizations, and Indigenous polities to recognize, engage, and conclude memoranda of understanding, cooperation agreements, or formal diplomatic relations based on mutual respect, reciprocity, and compliance with international norms and host domestic law. 

3. Dispute Resolution. The Maya-We Nation affirms its willingness to resolve disputes through peaceful means — negotiation, mediation, and arbitration — in accordance with international dispute settlement practices. We reserve the right to bring claims before relevant international human rights bodies where domestic remedies are unavailable or ineffective, in keeping with international mechanisms governing Indigenous claims.

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Article VI — Limitations and Good-Faith Acknowledgements​

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1. The Nation acknowledges it will not, by this Declaration alone, nullify the domestic laws of any host State or claim extraterritorial authority absent negotiated agreement. Our non-territorial model intentionally coexists with host jurisdictions while asserting internal sovereignty over our citizenry and institutions.

2. The Nation commits to operate in good faith, to respect international obligations, and to pursue cooperative arrangements that protect both our rights and the legitimate interests of host States, including law enforcement cooperation where appropriate and legally required.

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Article VII — Ratification and Entry Into Force

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This Declaration is ratified by the People of the Maya-We Nation through our constitutional procedures and comes into force upon signature of the Chief and attestation by the Council of Will. It is recorded in the Nation’s official legal registry and published on the Nation’s governmental website as evidence of public promulgation and notice. 

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Signed and sealed:
Samael Ojeda Mercado — Chief, Maya-We Nation
Council of Will — Maya-We Nation
Department of Diplomatic & International Affairs — Maya-We Nation

Date of Ratification: 14 December 2021 (reaffirmed)

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Brief legal note (plain language)

This Declaration bases the Maya-We Nation’s claim to sovereign Indigenous nationhood on (1) the Nation’s constitutional and documentary record showing continuity and political organization, (2) customary international law and Indigenous rights instruments (notably UNDRIP and related human rights law), and (3) negotiated, case-by-case interaction with host States.