5th Conference of the Africa Prosecutor Association (APA)

Maputo, Mozambique,

22 – 24 September 2010

1. That Cooperation and unity among Africa`s prosecutors were recognised as essential elements towards building APA and achieving its cardinal objectives, of establishing regional integration, sharing of best practices and promoting peace and security in Africa.  To this end, the enlargement of the membership of the Association was recognised and prioritized as a primary objective for the incoming executive of the Africa Prosecutors Association.
2. Prosecutors recommitted themselves to the objectives of APA as a mechanism for deepening transparency, the rule of law and democratic practices in Africa.  Hence, prosecutors on the continent committed themselves to adhere to the highest ethical and professional standards in conducting their work as prosecutors.
3. Prosecutors recognised that they should be given the space and resources necessary to discharge their duties, with high standards of integrity, without fear or favor, nepotism, corruption and/or political influence.
4. Delegates recommitted the APA to participate in regular and relevant African Union forums including summits and specialized ministerial sessions as and when it relates to the business of prosecution.
5. Prosecutors also recommitted the APA to implement those steps that are necessary and that would lead to the effective operation the MOU signed between the African Union  and the Africa Prosecutors Association as a matter of urgency.
6. Cooperation on mutual legal assistance in criminal matters, between prosecuting authorities of APA members, should be  promoted and encouraged through the use of existing arrangements, including regional and international instruments.  In this regard, the APA should encourage the African Union to finalize and adopt the draft extradition and mutual legal assistance treaties and other mechanisms for operational cooperation on criminal justice matters.  States are encouraged to put in place mechanisms to deal with mutual legal assistance (MLA) requests in an expedient manner.
7. The APA should work toward increasing the awareness among prosecutors on relevant regional and international human rights law, including the African Charter on Human and People’s Rights and the decisions and recommendations of the Commission as well as those of the African Court on Human and People’s Rights.
8. Prosecutors should adopt international best practices standards when prosecuting crimes such as terrorism, piracy, money laundering and other international crimes.  To this end, efforts should be undertaken to conclude a continental treaty for the detection, prevention and combating of crimes of piracy in Africa to reinforce the existing international criminal justice programs for prosecuting such crimes;
9. The APA  would continue to encourage national prosecuting authorities to vigorously prosecute crimes of human smuggling and human trafficking within the framework of their national laws;
10. The APA would continue to encourage national prosecuting authorities to vigorously prosecute crimes of violence against women and children in general and specifically in accordance with UN Security Council resolutions 1325 and 1820.
11. The APA would continue to encourage National Prosecuting Authorities to develop and implement training programs and manuals to effectively prosecute the following crimes:  terrorism, human smuggling and trafficking, violence against women and children, money laundering, racketeering, organized crime and piracy.
    Adopted on the 24th September 2010, in Maputo Mozambique, by delegates in attendance at the 5th Annual Conference of the Africa Prosecutors Association.