THE EXECUTIVE
Article 39 – The President: Head of State and Government
- The President of Eritrea is the Head of State of the Government
of Eritrea and the Commander-in-Chief of the Eritrean Defense Forces.
- The executive authority is vested in the President, which he shall
exercise, in consultation with the Cabinet, pursuant to the provisions
of this Constitution.
- 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 recognised 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
- The President shall be elected from amongst 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 members of the National Assembly.
- The term of office of the President shall be five years, equal
to the term of office of the National Assembly that elects him.
- No person shall be elected to hold the office of President for
more than two terms.
- 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.
- 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.
- The President may be removed from office by two-thirds majority
vote of all members of the National Assembly for the following reasons:
a. violation of the Constitution or grave violation of the
law;
b. conducting himself in a manner which brings the authority
or honour of the office of the President into ridicule, contempt and
disrepute; and c. being incapable of performing the functions of his
office by reason of physical and mental incapacity
- 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:
- Once every year, deliver a speech in the National Assembly on the
state of the country and the policies of the government;
- Subject to the provisions of Article 27 hereof, declare a state
of emergency, and when the defence of the country requires, martial
laws;
- Summon the National Assembly to an emergency meeting and present
his views to it;
- Sign and publish in the Official Gazette laws approved by the National
Assembly;
- Ensure the execution of laws and resolutions of the National Assembly;
- Negotiate and sign international agreements and delegate such power;
- 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.
- Appoint justices of the Supreme Court upon proposal of the Judicial
Service Commission and approval of the National Assembly.
- Appoint judges of the lower courts upon proposal of the Judicial
Service Commission;
- Appoint and receive Ambassadors and diplomatic representatives;
- Appoint high ranking members of the Armed and Security Forces;
- Subject to the provisions of the Article 27 (5) (b), reprieve offenders
and grant pardon or amnesty;
- 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;
- Preside over meetings of the Cabinet and coordinate its activities;
- Present legislative proposals and the national budget to the National
Assembly;
- Confer medals or other honours on citizens, residents and friends
of Eritrea in consultation with relevant organisations and individuals.
- Subject to the provisions of Article 52 (1), remove any person
appointed by him.
Article 43 – Immunity from Civil and Criminal Proceedings
- Any person holding office of the President may not be:
a. 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;
b. charged with any criminal offence, unless he be impeached
and charged under Article 41 (60 (a) and (b) hereof.
- After a President vacates his office no court may entertain any
action against him in any civil proceedings in respect to 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
- There shall be a ministerial Cabinet presided over by the President.
- The President may select ministers from among members of the National
Assembly or from among persons who are not members of the National
Assembly.
- The Cabinet shall assist the President in:
a. directing, supervising and coordinating the affairs of
the government;
b. conducting study on and preparing the national budget;
c. conducting study on and preparing draft laws to be presented
to the National Assembly;
d. conducting study on and preparing the policies and plans
of government.
- The President shall issue rules and regulations for the organisation,
functions, operations and code of conduct relating to the members
of the Cabinet and the Secretariat of his Office.
Article 47 – Ministerial Accountability
- All cabinet ministers shall be accountable:
a. individually to the President for the administration of
their own ministries; and
b. collectively to the National Assembly, through the President,
for the administration of the work of the Cabinet.
- 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.
Preamble |Chapter
I | CHAPTER II | CHAPTER
III | CHAPTER IV | CHAPTER V | CHAPTER
VI | CHAPTER VII |
