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Preamble

We, the Maya-We Nation, inheritors of the rich heritage and enduring resilience of the Taíno people, hereby declare our sovereign claim to the territory of Bir Tawil. This declaration is rooted in international law, the universal right to self-determination, and the urgent humanitarian need to address the plight of the Taíno diaspora. Our claim represents a peaceful and just assertion of our identity, dignity, and sovereignty, in alignment with the principles of the United Nations Charter and prevailing norms of international law.

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Bir Tawil, a recognized terra nullius under international law, offers a unique opportunity for the Maya-We Nation to establish a sovereign homeland that does not infringe on the territorial integrity or rights of existing states or peoples. While Bir Tawil’s extreme environment precludes large-scale settlement or development, our claim reflects a commitment to symbolic governance, environmental preservation, and the cultural and humanitarian aspirations of the Maya-We Nation.

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Historical Context of the Maya-We Nation

A. Taíno Heritage and Displacement The Taíno people, indigenous to the Caribbean, were among the first to experience the devastating effects of European colonization. This period of conquest led to the displacement, enslavement, and cultural suppression of the Taíno, resulting in the loss of their ancestral territories and sovereign status. Despite these challenges, the Taíno descendants, now collectively identified as the Maya-We Nation, have preserved their cultural identity and traditions, continuing to seek recognition and self-determination.

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B. Modern Plight of the Taíno Diaspora Centuries of displacement have left the Taíno diaspora stateless, marginalized, and disconnected from a recognized homeland. Efforts to reclaim sovereignty within ancestral lands have been hindered by historical and geopolitical complexities. The Maya-We Nation’s claim to Bir Tawil emerges as a peaceful and viable solution to address this humanitarian crisis, offering a platform for preserving cultural heritage and restoring national dignity.

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Humanitarian Basis for Claiming Bir Tawil

A. Statelessness and the Right to Self-Determination The Maya-We Nation asserts its right to self-determination, as enshrined in Article 1 of the United Nations Charter and the International Covenants on Human Rights. Statelessness imposes severe barriers to political representation, legal protections, and cultural preservation, making the recognition of a sovereign homeland an urgent and necessary step.

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B. Bir Tawil: A Unique Opportunity Bir Tawil’s status as terra nullius provides a rare opportunity for the Maya-We Nation to establish sovereignty without creating territorial disputes or displacing existing populations. This claim aligns with the principle of peaceful coexistence and respects the boundaries of neighboring states.

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C. Symbolic Governance and Preservation Acknowledging Bir Tawil’s environmental limitations, the Maya-We Nation commits to symbolic governance and stewardship of the land. This approach aligns with international precedents where sovereignty has been exercised over uninhabited or environmentally sensitive regions.

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Legal Foundation for Sovereignty​

Under the Montevideo Convention (1933) and customary international law, the Maya-We Nation fulfills the criteria for statehood:

A. Defined Territory The Maya-We Nation claims Bir Tawil as its sovereign territory, marked by internationally recognized boundaries and a lack of competing claims. This defined territory provides the basis for exercising sovereignty in accordance with international norms.

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B. Permanent Population The Maya-We Nation’s population consists of a diaspora rooted in Taíno heritage. While dispersed globally due to historical injustices, this population constitutes a cohesive and enduring national identity. Sovereignty over Bir Tawil would symbolize the unification and representation of this stateless people.

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C. Government A provisional government has been established to administer the territory, represent the Maya-We Nation in international affairs, and uphold democratic principles. This government has demonstrated its capacity for governance through initiatives that preserve cultural identity, promote human rights, and foster international cooperation.

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D. Capacity to Enter Relations The Maya-We Nation actively engages with states and international organizations to advance the rights of stateless peoples and contribute to global initiatives. This capacity for diplomatic relations underscores the Maya-We Nation’s commitment to peaceful and constructive international engagement.

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Environmental and Legal Stewardship of Bir Tawil

A. Preservation of Natural State The Maya-We Nation pledges to maintain Bir Tawil in its natural state, contributing to global environmental preservation efforts. Sovereignty over the territory will be exercised responsibly, prioritizing sustainability and international cooperation.

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B. Legal Precedents for Symbolic Governance International law supports sovereignty over uninhabitable regions when symbolic governance and intent to preserve the territory are demonstrated. Examples include the Antarctic Treaty System and sovereignty claims over uninhabited islands.

Request for International Recognition

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The Maya-We Nation respectfully calls upon the United Nations and the international community to:

1. Recognize Bir Tawil as the sovereign territory of the Maya-We Nation.

2. Acknowledge the unique plight of the Taíno diaspora and their right to self-determination under international law.

3. Grant Non-Member Observer State status to the Maya-We Nation, affirming its peaceful and sovereign status.

4. Support the Maya-We Nation’s efforts to preserve Bir Tawil as a symbol of resilience and environmental stewardship.

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Conclusion

The Maya-We Nation’s claim to Bir Tawil represents a peaceful and equitable solution to the statelessness of the Taíno diaspora. Rooted in international law and aligned with the principles of the United Nations, this declaration seeks to restore dignity, identity, and hope to a displaced people while contributing to global peace and sustainability.

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Signed on this day, 08/21/2024, by Chief of the Maya-We Nation,

Chief Samael Ojeda Mercado

 

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