Constitution

Suriname 1987 Constitution (reviewed 1992)

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Table of Contents

CHAPTER XII. THE PRESIDENT

First Section. GENERAL PROVISIONS

Article 90

  1. The President is Head of State of the Republic of Suriname, Head of Government, Chairman of the Council of State and of the Security Council.
  2. He is answerable to the National Assembly.

Article 91

  1. The President and the Vice-President are elected by the National Assembly for five years. The term of office of the President is terminated at the swearing in of a newly appointed President. If the office becomes vacant, then the following President to be elected begins a new term of office.
  2. The provisions of the previous paragraph apply equally to the Vice-President.

Article 92

  1. To be eligible for appointment as President or Vice-President a candidate must:
  2. Before submitting his candidacy, he must have had his domicile and main and real residence in Suriname for at least six years.

Article 93

At the inauguration, the President and the Vice-President shall make the following oath or promise:

“I swear (promise) that in order to be elected President (Vice-President) of the Republic of Suriname I have not given or promised, nor will give or promise, directly or indirectly, under whatsoever name or pretext, anything to anyone whomsoever.

I swear (promise) that in order to do or refrain from doing anything whatsoever in this office, I will not accept any promises or presents, directly or indirectly, from anyone whomsoever.

I swear (promise) that in fulfilling the office of President (Vice-President) I will attend to and foster, with all my powers, the interests of the county and the people.

I swear (promise) that I will defend and preserve, with all my powers, the independence and territory of the Republic of Suriname; that I will protect the general and particular liberty and the rights of all people and will employ, for the maintenance and promotion of the particular and general welfare, all means which the laws and circumstances place at my disposal, as a good and faithful President (Vice-President) should do.

I swear (promise) obedience to the Constitution and all other rules of law.

I swear (promise) allegiance to the Republic of Suriname. So help me God Almighty (That I declare and promise).”

Article 94

The President and the Vice-President shall not hold other political and administrative offices in the civil service, shall not fulfill functions in trade and commerce or labor unions and shall not practice any other professions.

Article 95

The President and Vice-President may neither directly or indirectly participate in any undertaking, nor act as guarantor thereof, which is based on an agreement for profit or gain made with the State or with a part thereof. They may hold no money claims, except for government bodys, against the State.

Article 96

The President and the Vice-President may neither directly nor indirectly participate in any concession undertaking of any nature established in Suriname or operating therein.

Article 97

  1. The President may not be related by marriage or by blood up to the second degree with the Vice-President, the ministers, the vice-ministers and the chairman and other members of the State Council and the organ that is charged with the supervision and control of the expenditure of state finances.
  2. He who comes to stand in a forbidden degree of relation after his appointment retains his office only after leave thereto is given by law.

Article 98

The office President is exercised by the Vice-President:

  1. In case the President is declared unfit to exercise his powers;
  2. In case the President has laid down the exercise of his powers temporarily;
  3. As long as there is no President or if he is absent;
  4. If, in the case described in article 140, prosecution against the President has been initiated.

Second Section. POWERS OF THE PRESIDENT

Article 99

The executive power is vested in the President.

Article 100

The President shall have the supreme authority over the armed forces.

Article 101

The President shall have the direction of foreign relations and shall promote the development of the international legal order.

Article 102

  1. The President shall not declare the Republic of Suriname to be at war, in danger of war of in state of siege, except with the previous consent of the National Assembly. This consent shall not be required when, as a result of force majeure, consultation with the National Assembly has appeared to be impossible.
  2. The President shall not declare war, danger of war or state of siege between the State of Suriname and another power to be terminated, except with the previous consent of the National Assembly. This consent shall not be required when, as a result of force majeure, consultation with the National Assembly is not possible.
  3. To maintain external and domestic security, in case of war, danger of war or in case of serious threat to or disturbance of the domestic order and peace which could result in substantial damage to the interests of the State, the President can declare the state of emergency in any part of Suriname, subject to previous consent of the National Assembly.
  4. The President shall not declare the State of emergency to be terminated, except with previous consent of the National Assembly. This consent is not required when consultation with the National Assembly has, as a result of force majeure, appeared to be impossible.

Article 103

Agreements with other powers and with organizations based on international law shall be concluded by, or by authority of, the President and shall be, insofar as the agreements require, ratified by the President. These agreements shall be communicated to the National Assembly as soon as possible; they shall not be ratified and they shall not enter into force until they have received the approval of the National Assembly.

Article 104

  1. Approval shall be given either explicitly or implicitly. Explicit approval shall be given by law. Implicit approval has been given if, within thirty days after the agreement has been submitted for that purpose to the National Assembly, no statement has been made by the National Assembly expressing the wish that the agreement be subject to explicit approval.
  2. The law determines the cases in which no approval is required.

Article 105

The provisions of the agreements mentioned in Article 103 which may be directly binding on anyone, shall become effective upon promulgation.

Article 106

Legal regulations in force in the Republic of Suriname shall not apply, if this application should be incompatible with provisions that are directly applicable to anyone, to agreements entered into either before or after the enactment of the regulations.

Article 107

The law shall regulate the publication of agreements and of decisions of international organizations.

Article 108

On proposal of the Government, the President confers honorary orders of the Republic of Suriname upon people who are eligible thereto.

Article 109

The President shall have the right to grant pardons for penalties inflicted by judicial sentence. He shall exercise this right after having ascertained the opinion of the judge, who had taken the judicial sentence.

Article 110. POWERS WITH REGARD TO OTHER ORGANS

The President furthermore has the powers;

  1. To constitute the Council of Ministers, after consultation, including with regard to the results of the elections;
  2. To direct the preparatory work for the government programme;
  3. To direct the activities of the State Council;
  4. If required, to convene and to lead the meetings of the Council of Ministers;
  5. To appoint and remove ministers from office;
  6. To ratify approved bills and propose state decrees;
  7. To suspend decisions of the Council of Ministers, and of Ministers;
  8. To appoint to suspend and to discharge any person to whom a public service is entrusted, inasmuch as appointing, suspending or discharging has not assigned to another state institution.

Article 111. POWERS IN INTERNATIONAL RELATIONS

In international relations the President has the power:

  1. To appoint, to discharge, to replace and to suspend diplomatic representatives of the Republic of Suriname;
  2. To accredit or not to accredit diplomatic representatives of other states;
  3. To accept letters of accreditation of foreign diplomatic representatives.

Article 112

All other matters relating to the President shall be regulated by law.

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