Constitutional Law of Republic of Suriname

PREAMBLE

CHAPTER I
SOVEREIGNTY

First Section
THE REPUBLIC OF SURINAME

 ARTICLE I

   1. The Republic of Suriname is a democratic State based upon the sovereignty of the people and on the respect and guarantee of the fundamental right and liberties.

   2. The Suriname Nation shall determine in full freedom its economic social and cultural development.

Second Section
TERRITORY

 ARTICLE 2

   1. Suriname consists of the territory on the South American continent, which has been defined as such.

   2. The State shall not alienate any territory or sovereign rights which it exercises over that territory.

   3. The extent and boundaries of the territorial waters and the rights of Suriname to the adjacent continental shelf and the economic zone are determined by law.

Third Section
NATIONALITY

 ARTICLE 3

   1. Who is a Suriname national and who is a resident shall be decided by law.

   2. Naturalization shall be regulated by law.

   3. All Suriname citizens are allowed access into Suriname and are free to move about and to reside within Suriname, except in the cases, defined in the law.

  4. All Suriname citizens shall be eligible for appointment to any public office in without discrimination.

   5. The law shall determine in which public offices foreigners can be appointed.

   6. The admission of foreigners and their expulsion shall be regulated by law.

   7. The law shall determine the rules regarding the extradition of foreigners; extradition can only be effected on the basis of a treaty and in the manner determined by law.

Fourth Section
STATE AND SOCIETY

 ARTICLE 4

    a. The construction and maintenance of a national economy free from foreign domination;

    b. A Secured means of livelihood for the entire nation;

    c. Sufficient employment under the guarantee of freedom and justice;

    d. The sharing of everyone in the economic, social and cultural development and progress;

   e. Participation in the sense of citizenship during the construction, the expansion and the maintenance of a just society;

    f. Guaranteeing national unity and sovereignty.

CHAPTER II
ECONOMIC GOALS

ARTICLE 5

   1. The economic objectives of the Republic of Suriname shall aim at the construction of a national economy, free from foreign domination and in the interest of the Surinamese nation.

   2. The economic system within which the social-economic development takes place shall be characterized by joint, contemporaneous and equal functioning of state enterprises, private enterprises, enterprises in which the State and private persons participate in common and cooperative enterprises, according to rules of law applicable in that matter.

   3. It is the duty of the State to promote and to guarantee as much as possible all types of entrepreneurial production.

CHAPTER III
SOCIAL GOALS

ARTICLE 6

    a. The identification of the potentialities for development of the own natural environment and the enlarging of the capacities to ever more expand those potentialities;

    b. Guaranteeing the participation of the community in the political life among other ways through national, regional and sectoral participation;

   c. Guaranteeing a government policy aimed at raising the standard of living and of well-being of the society, based upon social justice, the integral and balanced development of State and society;

    d. An equitable distribution of the national income, directed towards a fair distribution of well-being and wealth over all strata of the population;

    e. Regional spreading of public utilities and economic activities;

   f. The improvement of codetermination by the employees in companies and production units in the taking of decisions about production, economic development and planning;

    g. Creating and improving the conditions necessary for the protection of nature and for the preservation of the ecological balance.

CHAPTER IV
INTERNATIONAL PRINCIPLES

ARTICLE 7

 1. The Republic of Suriname recognizes and respects the right of nations to self-determination and national independence on the basis of equality, sovereignty and mutual benefit.

   2. The Republic of Suriname promotes the development of the international legal order and supports the peaceful settlement of international disputes.

  3. The Republic of Suriname rejects any armed aggression, any form of political and economic pressure, as well as every direct or indirect intervention in the domestic affairs of other States.

   4. The Republic of Suriname promotes the solidarity and collaboration with other peoples in the combat against colonialism, neo-colonialism, racism, genocide and in the combat for national liberation, peace and social progress.

   5. The Republic of Suriname promotes the participation in international organizations with a view to establishing peaceful coexistence, peace and progress for mankind.

CHAPTER V
BASIC RIGHTS, INDIVIDUAL RIGHTS AND FREEDOMS

ARTICLE 8

   1. All who are within the territory of Suriname shall have an equal claim to protection of person and property.

   2. No one shall be discriminated against on the grounds of birth, sex, race, language, religious origin, education, political beliefs, economic position or any other status.

ARTICLE 9

   1. Everyone has a right to physical, mental and moral integrity.

   2. No one may be submitted to torture, degrading or inhuman treatment or punishment.

ARTICLE 10

Everyone shall have, in case of infringement of one's rights and freedoms, a claim to an honest and public treatment of his complaint within a reasonable time by an independent and impartial judge.

 ARTICLE 12

Loss of civil rights or the general forfeiture of all the property of an offender may not be imposed as a penalty or as a consequence of a penalty for any crime.

 ARTICLE 16

   1. Everyone has the right to personal liberty and safety.

 2. No one will be deprived of his freedom, other than on grounds and according to proceedings determined by law.

   3. Everyone who is deprived of his freedom has a right to a treatment in accordance with human dignity.

ARTICLE 17

   1. Everyone has a right to respect of his privacy, his family life, his home and his honor and good name.

   2. No dwelling may be entered against the occupant's will except by order of an authory which has the power to give that order by virtue of law and subject to the conditions prescribed by the law.

   3. The confidentiality of correspondence, telephone and telegraph is inviolable except in the cases described by law.

Everyone has the right to make public his thoughts or feelings and to express his opinion through the printed press or other means of communication, subject to the responsibility of all as set forth in the law.

 ARTICLE 20

Everyone has the right to freedom of peaceful association and assembly, taking into consideration the rules to be determined by law for the protection of public order, safety, health and morality.

 ARTICLE 21

   1. The right to demonstrate peacefully is recognized.

   2. The use of that right can, for the protection of public order, safety, health and morality, be submitted to limitation through the law.

ARTICLE 22

In case of war, danger of war, state of siege or state of emergency or for reasons of state security, public order and good morals, the rights mentioned in the Constitution may be submitted to limitations by law, which will be in force during a certain time, depending on the circumstances, in compliance with the international rules applicable in respect thereof.

CHAPTER VI SOCIAL, CULTURAL AND ECONOMIC FIGHTS AND OBLIGATIONS

First Section
THE RIGHT TO WORK

The state shall take care of the creation of conditions in which an optimal satisfaction of the basic needs for work, food, health care, education, energy, clothing and communication is obtained.

Labor is the most important means of human development and an important source of wealth.

 ARTICLE 26

   1. Everyone has the right to work, in accordance with his capacities.

   2. The duty to work is inseparably linked to the right to work.

  3. Everyone has the right of free choice of profession and work, except for regulations imposed by law.

   4. Everyone has the right of initiative for economic production.

Second Section
STATE CONCERN FOR LABOR

 ARTICLE 27

   1. It shall be the duty of the State to guarantee the right to work, as much as possible by:

         a. Following a planned policy, aimed at full employment;

        b. Forbidding the discharge without sufficient cause or for political or ideological reasons;

    c. Guaranteeing equal opportunity in the choice of profession and type of work and forbidding that access to any function or profession by prevented or limited on grounds of sex;

         d. Promoting professional training for employees.

   2. The State shall take care of the creation of conditions for the optimal promotion of initiatives for economic production.

Third Section
RIGHTS OF EMPLOYEES

 ARTICLE 28

All employees have, independent of age, sex, race, nationality, religion or political opinions, the right to:

    a. Remuneration for their work corresponding to quantity, type, quality and experience on the basis of equal pay for equal work;

  b. The performance of their task under humane conditions, in order to enable self-development;

    c. Safe and healthy working condition;

    d. Sufficient rest and recreation.

Fourth Section
DUTIES OF THE STATE CONCERNING THE RIGHTS OF EMPLOYEES

 ARTICLE 29

It is the duty of the State to indicate the conditions for work, remuneration and rest to which employees are entitled, especially by:

    a. Making regulations with regard to wages, time of work, about conditions and special categories of workers;

    b. Supplying special protection on the job for women before and after pregnancy, for minors, disabled persons and for those who are engaged in work which demands special efforts or who work in unhealthy or dangerous conditions.

Fifth Section
FREEDOM OF TRADE UNIONS

 ARTICLE 30

   1. Employees are free to establish trade unions to foster their rights and interests.

  2. For the exercise of the rights of trade unions the following freedoms are guaranteed indiscriminately:

          a. Freedom to join or not to join a trade union;

          b. The right to participate in trade union activities.

   3. Trade unions shall be governed by the principles of democratic organization and management, based on regular elections of their boards of directors through secret ballot.

Sixth Section
RIGHTS OF TRADE UNIONS AND COLLECTIVE AGREEMENTS

 ARTICLE 31

   1. The trade unions shall have the power to defend the rights and interests of the employees they represent and for whom they assume responsibility.

   2. Trade unions shall be involved in:

          a. The preparation of labor legislation;

        b. The creation of institutions of social security and other institutions aimed at serving the interests of employees;

          c. The preparation for and the control of the execution of economic and social plans

   3. Trade unions shall have the right to conclude collective labor agreements. The rules concerning the powers to conclude collective labor agreements and the sphere of application of their rules shall be determined by law.

RIGHTS OF EMPLOYERS

ARTICLE 32

The associations for the defense of business entrepreneurs shall have the power to defend the rights and interests of those whom they represent and for whom they assume responsibility.

 Seventh Section
RIGHT TO STRIKE

 ARTICLE 33

 Eighth Section
RIGHT TO PROPERTY

 ARTICLE 34

   1. Property, of the community as well as of the private person, shall fulfill a social function. Everyone has the right to undisturbed enjoyment of his property subject to the limitations which stem from the law.

   2. Expropriation shall take place only in the general interest, pursuant to rules to be laid down by law and against compensation guaranteed in advance.

  3. Compensation need not be previously assured if in case of emergency immediate expropriation is required.

   4. In cases determined by or through the law, the right to compensation shall exist if the competent public authority destroys or renders property unserviceable or restricts the exercise of property rights for the public interest.

Ninth section
THE FAMILY

 ARTICLE 35

Tenth Section
HEALTH

 ARTICLE 36

   2. The State shall promote the general health care by systematic improvement of living and working conditions and shall give information on the protection of health.

Eleventh Section
YOUTH

 ARTICLE 37

   1. Young people shall enjoy special protection for the enjoyment of economic, social and cultural rights, among which are:

   2. The primary goal of youth policy shall be the development of the personality of the young person and of the concept of service to the community.

Twelfth Section
EDUCATION AND CULTURE

 ARTICLE 38

   1. Everyone shall have a right to education and cultural expression.

   2. Education shall be free, subject to State supervision of all public educational institutions, in order that the national education policy and educational standards laid down by the State shall be observed.

   3. The practice of science and technology shall be free.

  4. The State shall promote the kind of education and the conditions under which school education and other forms of education can contribute to the development of a democratic and socially just society.

   5. The State shall promote the democratization of culture by promoting the enjoyment of culture and cultural relations and through assuring the availability of those cultural creations to all citizens by means of cultural and recreational organizations, information media and other suitable channels.

Thirteenth Section
EDUCATION

ARTICLE 39

The State shall recognize and guarantee the right of all citizens to education and shall offer them equal opportunity for schooling. In the execution of its education policy the State shall be under the obligation:

    a. To assure obligatory and free general primary education;

    b. To assure durable education and to end analphabetism;

   c. To enable all citizens to attain the highest levels of education, scientific research and artistic creation, in accordance with their capacities;

    d. To provide, in phases, free education on all levels;

    e. To tune education to the productive and social needs of the society

CHAPTER VII
THE ECONOMIC SYSTEM

ARTICLE 40

In order to promote the socioeconomic development towards a socially just society, a development plan shall be determined by law, taking into consideration the national and socioeconomic goals of the State.

Natural riches and resources are property of the nation and shall be used to promote economic, social and cultural development. The nation has the inalienable right to take complete possession of its natural resources in order to utilize them to the benefit of the economic, social and cultural development of Suriname.

 ARTICLE 42

   1. The law shall guarantee that the mode of exercise of trade and industry is not contrary to the national goals, the public interest and notably the public policy, health, morality and state security.

   2. The traffic of foreign currency shall be regulated by law.

The structure of the financial system shall be regulated by law in such a manner that by saving and by the correct allocation of the necessary financial means, investments in the productive sector would be advanced.

CHAPTER VIII
THE SOCIAL ORDER

ARTICLE 45

The social order shall be based in principle on a society, wherein all Suriname citizens have equal rights and obligations.

The State shall create the conditions, which underlie the education of citizens who are capable of participating in a democratic and effective manner in the development process of the nation.

The State shall save and protect the cultural heritage of Suriname, shall promote its preservation and promote the use of science and technology in the context of the national development aims.

 ARTICLE 48

   1. The State shall supervise the production and availability of and the trade in chemical, biological, pharmaceutical and other products, intended for consumption, medical treatment and diagnosis.

   2. The State shall supervise all medical, pharmaceutical and paramedical practioners and practices.

   3. The inspection of the products and functions mentioned in paragraphs (2) and (3) shall be regulated by law.

A housing plan shall be determined by law, aimed at the procurement of a sufficient number of affordable houses and State control of the use of real estate for public housing.

The State shall take care to make the services of legal aid institutions accessible to those looking for justice.

CHAPTER IX
PRINCIPLES OF DEMOCRATIC STATE ORGANIZATION

First Section
POLITICAL DEMOCRACY

 ARTICLE 52

   1. All political power is vested in the people and shall be exercised in accordance with the constitution.

   2. Political democracy is characterized by the participation and representation of the Suriname people, which shall express itself through the participation of the people in laying down a democratic political regime, and through their participation in legislation and administration, aimed at the upholding and expanding of this system. Political democracy shall further create the conditions for the participation of the people in the general, free and secret elections for the composition of representative organs and of the Government.

   3. Accountability to the people, supervision of government actions by institutions created for that purpose and the right of revocation with regard to elected representatives are guarantees for true democracy.

Second Section
POLITICAL ORGANIZATIONS

 ARTICLE 53

   1. The State shall accept the freedom of citizens to create political organizations, subject to the limitations which stem from the law.

   2. Political organizations shall respect the national sovereignty and democracy.

   3. In exercising their rights the political organizations shall take into account the following:

          a. Their goals may not be in violation of or incompatible with the Constitution and the laws;

          b. The organization shall be accessible to the Suriname citizen, who fulfills criteria to be defined by law provided that he agrees upon the basic principles of the party.

          c. The internal organization must be democratic, which shall be evidenced inter alia by:

              * regular committee elections;

              * the prerequisite that candidates proposed of the chamber of representatives shall be elected within the party structures;

          d. The electorate shall be informed of the political program and the election program of the political organizations;

          e. Annual publications of sources of income and accounts shall be made in the Official Journal of the Republic of Suriname and at least one newspaper;

          f. Their functioning shall be in accordance with principles of good administration, and with prescribed legal rules for the guaranteeing of openness and transparency;

          g. The drafting of a programme, with as sole goal the promotion of the national interest

Third Section
BASIC PRINCIPLES FOR THE FUNCTIONING OF THE STATE ORGANS

 ARTICLE 54

   1. The State is obliged to register those with voting rights and to convoke them to participate in the elections. The registration of the voters shall serve no other purpose. Those with a right to vote are obliged to cooperate with the registration of the electorate.

   2. For the organization and the functioning of the state organs the following principles shall be respected:

     h. The central authority shall organize the regular dissemination of information on government policy and state administration, in order to allow the people to participate optimally in the administrative structures. The lower administration shall have the obligation to create a process of communication with the people, for the purpose of making government answerable to the public and to ensure the participation of the people in policy-making.

CHAPTER X
THE NATIONAL ASSEMBLY

First Section
ORGANIZATION AND COMPOSITION OF THE NATIONAL ASSEMBLY

 ARTICLE 55

   1. The National Assembly represents the people of the Republic of Suriname and expresses the sovereign will of the nation.

   2. The National Assembly is the highest organ of the State.

Second Section
ELECTION OF THE MEMBERS OF THE NATIONAL ASSEMBLY

 ARTICLE 56

   1. Members of the National Assembly shall be elected for a five-year term.

   2. The law can only derogate from the five-year term in case of war or other extraordinary circumstances, which prevent the holding of elections.

ARTICLE 57

   1. The members of the National Assembly shall be elected directly by the inhabitants having Suriname nationality and having reached the age of eighteen years.

   c. Who, by virtue of an irrevocable judicial decision, have lost the right to dispose of or administer their property on account of insanity or imbecility.

Eligible are the inhabitants who have Suriname nationality, who have reached the age of twenty-one and have not been deprived of the right to vote on the grounds mentioned in the previous ARTICLE under (a) and (c).

Everything else relating to universal suffrage, the creation of an independent electoral council and its authority the division of Suriname in electoral districts, the repartition of seats in the National Assembly by electoral district and the methods according to which the allocation of seats takes place shall be regulated by law. This law shall be passed with a 2/3 majority.

 Third Section
MEMBERSHIP OF THE NATIONAL ASSEMBLY

 ARTICLE 61

   1. The National Assembly consists of 51 members chosen by district on the basis of general, free and secret elections by virtue of the system of proportionate representation on the highest number of average and preferential votes.

  2. Persons who have submitted their candidacy for election as representatives in the National Assembly shall live in said district and shall have had their main or real residence there during two years preceding the elections.

The law determines for which functions the membership of the National Assembly shall result in the suspension from duty.

 ARTICLE 63
Repealed.

ARTICLE 64

The sessions of the National Assembly and of the other representative organs on the local and district levels coincide as much as possible.

 “I swear (promise) that in order to be elected a member of the National Assembly 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 I will fulfill the office of member of the Assembly conscientiously.

I swear (promise) that I will foster the well-being of Suriname to the best of my capacities.

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).”

In the case where several members could be eligible for appointment as most senior member, who will act as chairman is decided by lot.

 ARTICLE 67

   1. The most senior member referred to in the previous ARTICLE shall, previous to this meeting, take the prescribed oath or promise before the President, after which he shall swear in the other fifty members. Hereafter, the meeting attends to the business of electing a speaker and a deputy speaker of the National Assembly, who shall immediately assume their functions.

   2. The speaker shall take the required oath or promise, in the National Assembly before the acting chairman.

   3. If the acting chairman is elected as speaker he takes the required oath or promise in the National Assembly before the deputy speaker.

Fourth Section
TERMINATION OF THE MEMBERSHIP OF THE NATIONAL ASSEMBLY

 ARTICLE 68

     g. Condemnation for criminal offence in an irrevocable judicial decision to a penalty involving loss of liberty of at least five months.

   2. Membership of the National Assemply is incompatible with the office of Minister or Under-Minister, provided that upon the election of a Minister or Under-Minister as a Member to the National Assembly, the office of Minister or Under-Minister can be combined with membership of the National Assembly for no longer than three months after admission to the National Assembly.

   3. Further rules regarding the loss of membership of the National Assembly can be laid down by law.

CHAPTER XI THE LEGISLATURE

First Section
EXERCISE OF LEGISLATIVE POWERS

 ARTICLE 69

The Legislator, the Government and the other organs of government shall respect the rules of the Constitution.

 ARTICLE 70

The Legislative Power shall be exercised jointly by the National Assembly and the Government.

 Second Section
POWERS OF THE NATIONAL ASSEMBLY

 ARTICLE 71

   1. The National Assembly shall have the power to decide over all proposals of law that will be submitted before it for approval.

  2. The National Assembly shall have the power to decide by 2/3 majority on the organization of a People’s Assembly or a plebiscite in those cases deemed necessary by the National Assembly, without prejudice to the provisions of ARTICLE 179, paragraph 2.

   3. The National Assembly lays down its own standing order. These standing orders, in which rules of procedure for the People's Assembly shall be included, will be promulgated by state decree.

ARTICLE 72

Without prejudice to what is reserved elsewhere in the Constitution for regulation by law, the following subjects shall certainly be determined by law:

    a. Treaties, subject to what is determined in ARTICLE 104;

    b. The amending of the Constitution;

  c. The declaration or the termination of the state of war, the civil or military state of emergency

   d. The determination and change of the political-administrative partitioning of the Republic of Suriname;

   e. The determination of the extent and boundaries of the territorial waters and the rights of the Republic of Suriname to the adjacent continental shelf and the economic zone;

    f. The creation of a development council for national development;

    g. The granting of amnesty or pardon.

ARTICLE 73

The socio-economic and political policy to be followed by the Government shall be previously approved by the National Assembly.

EXECUTIVE TASKS OF THE NATIONAL ASSEMBLY

ARTICLE 74

    a. The election of the President and the Vice-President;


    c. Placing the nominations of the members of the Constitutional Court and their appointed deputies to the President;

    d. Appointing, suspending and discharging the clerk of the Assembly;

    e. Organizing any People's Assembly.

Third Section
LEGISLATIVE PROCEDURE
RIGHTS OF AMENDMENT INITIATIVE, INTERROGATION AND INVESTIGATION

 ARTICLE 75

    1. The President introduces the proposals of law or other Government proposals before the National Assembly in a written message.

   2. Public debate on any received Government proposal shall always be preceded by an examination of that proposal.

   3. The National Assembly shall determine in its Rules of Order the manner in which such examination shall be made.

ARTICLE 76

 ARTICLE 77

   1. If the National Assembly resolves to pass the proposal either unchanged or changed, it shall notify the President thereof.

   2. If the National Assembly resolves not to pass the proposal it shall also give notice thereof to the President, with the request to review the bill more thoroughly. As long as the National Assembly has not taken a decision, the President shall have the right to withdraw the bill which he has submitted.

Every member to the National Assembly shall have the right to introduce proposals of law to the National Assembly.

 ARTICLE 80

   1. All bills passed by the National Assembly and approved by the President shall acquire force of law after promulgation.

   2. The laws shall be inviolable, subject to the provisions of ARTICLEs 106, 137 and 144, paragraph 2.

Fourth Section
PROCEDURE

 ARTICLE 81

Annually, and at the latest on the first working day of October, the President shall address the National Assembly on the policy to be followed by the Government.

 ARTICLE 82

 ARTICLE 83

   1. The National Assembly may not commence deliberation or take decisions if no more than one half its members are present.

   2. All decisions of the National Assembly shall be taken by a normal majority of votes, except for the provisions of paragraph 3 of the present ARTICLE, and of ARTICLE 60, ARTICLE 70 [paragraph 2], and ARTICLE 84, paragraph 4.

   3. A majority of at least 2/3 of the constitutional number of members of the National Assembly shall be required for decisions concerning:

  b. The Amdendment of the electoral act insofar as it involves the subjects indicated in ARTICLE 60;

  e. The organization of a People's Assembly, subject to the provisions of ARTICLE 181, paragraph 2;

ARTICLE 84

   1. In the event of an equality of votes at a meeting attended by all who are at that moment members of the National Assembly, the motion shall be considered as having been defeated.

   2. In the event of an equality of votes at a meeting not attended by all those who are at the moment members of the National Assembly, the motion shall be postponed until a subsequent meeting. The motion shall be considered as having been defeated in the event of an equality in such meeting.

   3. Voting shall be by roll-call if at least five members desire this and shall then be by word-of-mouth; however in case of the election or nomination of persons, voting shall be by secret and unsigned ballot.

   4. The meeting can decide by at least two thirds of the votes cast that a specific matter shall be voted by closed and unsigned voting papers.

ARTICLE 85

   1. The Government shall provide the National Assembly with the requested information either in writing or orally. It can be invited by the National Assembly to attend the meeting.

   2. The Government can attend meetings of the National Assembly as well as the People’s Assembly. It has an advisory vote in those meetings. It can be assisted in the meetings by experts.

ARTICLE 86

The law regulates the financial provisions for the benefit of the members and former members of the national Assembly and their surviving relatives.

 ARTICLE 87

   1. The National Assembly appoints, suspends and discharges its clerk. The clerk may not at the same time be a member of the National Assembly.

   2. The law regulates his position.

Fifth Section
IMMUNITY

 ARTICLE 88

The speaker, the members of the National Assembly, the Government and the experts referred to in ARTICLE 85, paragraph (2), shall be exempt from criminal prosection for anything they have said at the assembly or have submitted to it in writing, except that if in so doing they had made public what was said or submitted under obligation of secrecy in a closed meeting.

 ARTICLE 89

The National Assembly is bound to inform the district councils in a manner to be laid down by law about decisions taken or viewpoints expressed that are of significance to their districts.

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.

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.

ARTICLE 92

   2. Before submitting his candidacy, he must have had his domicile and main and real residence in Suriname for at least six years.

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

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.

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.

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.

Second Section
POWERS OF THE PRESIDENT

 ARTICLE 99

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 b e impossible.

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.

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

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.

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

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.

POWERS WITH REGARD TO OTHER ORGANS
ARTICLE 110

    a. To constitute the Council of Ministers, after consultation, including with regard to the results of the elections;

    b. To direct the preparatory work for the government programme

    c. To direct the activities of the State Council;

    d. If required, to convene and to lead the meatings of the Council of Ministers;

    e. To appoint and remove ministers from office;

    f. To ratify approved bills and propose state decrees;

    g. To suspend decions of the Council of Ministers, and of Ministers;

   h. 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.

POWERS IN INTERNATIONAL RELATIONS
ARTICLE 111

    a. To appoint, to discharge, to replace and to suspend diplomatic representatives of the Republic of Suriname;

     b. To accredit or not to accredit diplomatic representatives of other states;

     c. To accept letters of accreditation of foreign diplomatic representatives.

ARTICLE 112

CHAPTER XIII THE COUNCIL OF STATE, THE GOVERNMENT, THE COUNCIL OF MINISTERS AND THE MEMBERS OF THE COUNCIL OF MINISTERS

First Section
THE COUNCIL OF STATE

 ARTICLE 113

There is a Council of State, whose composition and powers shall be regulated by law. The President is Chairman of the Council of State.

On assuming office the members of the Council of State shall take the following oath or make the following promise before the President:

POWERS OF THE COUNCIL OF STATE
ARTICLE 115

   a. To advise the President in execution of his office of Head of State and Head of Government;

      b. To advise the Government on general policy matters and on the content of bills, as well as agreements under international law for which the consent of the National Assembly is required;

       c. To advise the Government on proposed state decrees;

       d. To pass its own standing orders, which shall be determined by state decree;

       e. To advise the Government on proposals of general administrative measures;

Second Section