Eritrea 1997 Constitution

CHAPTER V. THE EXECUTIVE

Article 39. The President: Head of State and Government

1. The President of Eritrea is the Head of the State and the Government of Eritrea and the Commander-in-Chief of the Eritrean Defense Forces.
2. The executive authority is vested in the President, which he shall exercise, in consultation with the Cabinet, pursuant to the provisions of this Constitution.
3. The President shall ensure respect of the Constitution; the integrity and dignity of the State; the efficient management of the public service; and the interests and safety of all citizens, including the enjoyment of their fundamental rights and freedoms recognized under this Constitution.

Article 40. Qualification to be a Candidate to the Office of the President

Any member of the National Assembly who seeks to be a candidate to the office of the President of Eritrea shall be a citizen of Eritrea by birth.

Article 41. Election and Term of Office of the President

1. The President shall be elected from amongst the members of the National Assembly by an absolute majority vote of its members. A candidate for the office of the President must be nominated by at least 20 percent vote of all the members of the National Assembly.
2. The term of office of the President shall be five years, equal to the term of office of the National Assembly that elects him.
3. No person shall be elected to hold the office of President for more than two terms.
4. When the office of the President becomes vacant due to death or resignation of the incumbent or due to the reasons enumerated in Sub-Article 6 of this Article, the Chairperson of the National Assembly shall assume the office of the President. The Chairperson shall serve as acting President for not more than thirty days, pending the election of another President to serve the remaining term of his predecessor.
5. The term of office of the person elected to serve as President under Sub-Article 4 of this Article shall not be considered as a full term for purposes of Sub-Article 3 of this Article.
6. The President may be removed from office by two-thirds majority vote of all members of the National Assembly for the following reasons:
   1. violation of the Constitution or grave violation of the law;
   2. conducting himself in a manner which brings the authority or honor of the office of the President into ridicule, contempt and disrepute; and
   3. being incapable of performing the functions of his office by reason of physical or mental incapacity.
7. The National Assembly shall determine the procedures for the election and removal of the President from office.

Article 42. Powers and Duties of the President

The President shall have the following powers and duties:

1. once every year, deliver a speech in the National Assembly on the state of the country and the policies of the government;
2. subject to the provisions of Article 27 hereof, declare state of emergency, and when the defense of the country requires, martial laws;
3. summon the National Assembly to an emergency meeting and present his views to it;
4. sign and publish in the Official Gazette laws approved by the National Assembly;
5. ensure the execution of laws and resolutions of the National Assembly;
6. negotiate and sign international agreements and delegate such power;
7. with the approval of the National Assembly, appoint ministers, commissioners, the Auditor General, Governor of the National Bank, the Chief Justice of the Supreme Court and any other person or persons who are required by any other provisions of this Constitution or other laws to be appointed by the President;
8. appoint justices of the Supreme Court upon proposal of the Judicial Service Commission and approval of the National Assembly;
9. appoint judges of the lower courts upon proposal of the Judicial Service Commission;
10. appoint and receive ambassadors and diplomatic representatives;
11. appoint high ranking members of the Armed and the Security Forces;
12. subject to the provisions of Article 27(5)(b), reprieve offenders and grant pardon or amnesty;
13. establish such government ministries and departments necessary or expedient for the good governance of Eritrea, in consultation with the Public Service Administration, and dissolve the same;
14. preside over meetings of the Cabinet and coordinate its activities;
15. present legislative proposals and the national budget to the National Assembly;
16. confer medals or other honors on citizens, residents and friends of Eritrea in consultation with relevant organizations and individuals.
17. subject to the provisions of Article 52(1), remove any person appointed by him.

Article 43. Immunity from Civil and Criminal Proceedings

1. Any person holding the office of the President may not be:
   1. sued in any civil proceedings, save where such proceedings concern an act done in his official capacity as President, in which case the State may be sued;
   2. charged with any criminal offense, unless he be impeached and charged under Article 41(6)(a) and (b) hereof.
2. After a President vacates his office no court may entertain any action against him in any civil proceedings in respect of any act done in his official capacity as President.

Article 44. Privileges to be Given to Former Presidents

Provisions shall be made by law for the privileges that shall be granted to former Presidents.

Article 45. Oath

Upon his election, the President shall take the following oath:

I, ……………………., swear in …………………. that I will uphold and defend the Constitution of Eritrea and that I will strive with the best of my ability and conscience to serve the people of Eritrea.

Article 46. The Cabinet

1. There shall be a ministerial Cabinet presided over by the President.
2. The President may select ministers from among members of the National Assembly or from among persons who are not members of the National Assembly.
3. The Cabinet shall assist the President in:
   1. directing, supervising and coordinating the affairs of government;
   2. conducting study on and preparing the national budget;
   3. conducting study on and preparing draft laws to be presented to the National Assembly;
   4. conducting study on and preparing the policies and plans of government.
4. The President shall issue rules and regulations for the organization, functions, operations and code of conduct relating to the members of the Cabinet and the Secretariat of his Office.

Article 47. Ministerial Accountability

1. All cabinet ministers shall be accountable:
   1. individually to the President for the administration of their own ministries; and
   2. collectively to the National Assembly, through the President, for the administration of the work of the Cabinet.
2. The National Assembly or its committees may, through the Office of the President, summon any minister to appear before them to question him concerning the operation of his ministry.