1.2 The Assembly considered and endorsed recommendations made at the preceding three meetings.

1.3 In order to give effect to the amendments, the AU Commission has drafted a Protocol, presented to Heads of State and Government during the July 2003 Maputo Summit, in which the amendments have been contained. The Protocol will now have to be ratified by a simple majority of member states in order to give effect to the Amended Constitutive Act.

1.4 In terms of Article 231(2) of the Constitution, the Protocol on the Amendments to the Constitutive Act of the African Union is herewith submitted for ratification by Parliament. It is recommended that the matter be referred to the relevant Parliamentary Committees for scrutiny prior to ratification.

2.1 It should be recalled that during the inaugural Summit of the African Union in Durban on 9 and 10 July 2002, some member states introduced the issue of amendments to the Constitutive Act of the African Union.

2.2 The Assembly therefore decided that proposals for amendments would be submitted to the Interim Commission of the Union, which would in turn distribute them to member states for consideration in accordance with the procedure outlined in Article 32 of the Constitutive Act. In addition, the Assembly decided that, in accordance with the procedures set out in Article 32, these amendments would be considered at an Extraordinary Assembly within six months.

2.3 Member states proposing amendments included Libya, Senegal, Nigeria, South Africa, Mozambique, Tanzania and Cote d'Ivoire. The proposals for amendment focussed on two main themes, namely the strengthening and ‘technical 'clean up’ of the Constitutive Act (proposals received from Nigeria., South Africa, Mozambique, Tanzania and Cote d Ivoire); and enhancing the continental integration process towards the early establishment of a ‘United States of Africa' or 'a ‘Federation of African States' (Libyan and Senegalese proposals).

2.4 The 1^st Extraordinary' Session of the Executive Council held in Tripoli from 9 to 10 December 2002, was convened to consider the proposed amendments. Unresolved issues were referred to a Ministerial Committee which met in Sun City from 20 to 21 January 2003, and submitted its report to the Second Extraordinary Executive Council meeting held on 1 February 2003, prior to the Extraordinary Session of the Assembly. The outcome of ad hoc Ministerial Committee meeting was satisfactory in maintaining momentum regarding technical changes to the Constitutive Act, rather than changing the nature of the Union. Consensus was reached on all issues.

2.5 During the First session of the Extraordinary Assembly, it was apparent that the principles established by the 1^st Extraordinary Executive Council had become entrenched, namely that amendments should focus on clarifying the Constitutive Act, that it should ease the implementation thereof and that the integration of the Union is at an early stage and that the Constitutive Act should reflect this. The Assembly upheld all the proposals emanating from the two Executive Council meetings, including a satisfactory solution to the issue of working and official languages. The amendments as a whole reflect the South African approach of maintaining the integrity of the Constitutive Act, while accommodating different perspectives.

2.6 The amendments as endorsed by the Heads of State and Government have been contained in the attached Protocol on the Amendments to the Constitutive Act, which will have to be ratified in order to give effect to the amendments as part of the revised Constitutive Act.

3.1 In view of the fact that the changes to the Constitutive Act were technical in nature, rather than changing the vision of the African Union, no implications are foreseen which South Africa has not already subscribed to by joining the African Union and ratifying its Constitutive Act.

3.2 The amendments has resulted in a more gender sensitive document, gives official recognition to the Peace and Security Council of the African Union, includes the importance of the African Diaspora to the African Union and clarifies a number of procedural matters including the use of official and technical languages.

17 November 2003