Event Report: African Prosecutors Association 7th AGM and Conference

Date: 2012-10-07 to 2012-10-10

Venue: , Safari Hotel , Windhoek , Namibia

(APA delegates with special guests)

Introduction and background to the Africa Prosecutors’ Association

Prosecutors in Africa face daunting challenges in responding to complex international and transnational crimes. More often than not, the work of prosecutors is set against the background of competing financial, logistical and political impediments, which affect the ability of prosecutors to effectively address these crimes and end impunity. Collaboration between states in prosecutorial matters assists in alleviating some of these challenges through providing a forum for prosecutors to share resources, as well as best practices in combating crimes. The trans-boundary nature of serious and organised crimes today mandates that responses are not confined to national borders. International cooperation in this regard is vital.

The Africa Prosecutors’ Association (APA) is an organisation of African prosecution authorities, which was established in 2003 following a realisation of the need to enhance cooperation between prosecution agencies and authorities in Africa. It was established as a response to rising transnational criminal activities in Africa, which undermine not only development, but also good governance, stability and peace on the African continent. Such a regional response is deemed necessary in stemming transnational organised crime and also preventing the continent from being used as a haven for criminals. The APA aims to, among others, bolster rule of law responses to crimes; assist prosecutors in the fight against serious crimes; promote efficient international cooperation in prosecuting crimes; promote adherence to prosecutorial ethics; and harmonise legislation among states. The APA convenes on an annual basis to entrench its objectives and address the growing challenges facing African prosecutors. The APA is headed by an executive committee, which is elected during the Annual General Meeting (AGM).

From the first AGM in Durban, South Africa, the APA has aimed to address numerous priorities relating to rule of law and international cooperation in criminal matters. It has sought not only to provide prosecutors with an avenue for exchanges but also to foster judicial independence and ensure national compliance with sub-regional, regional and global legal instruments. The APA’s annual forums have challenged harmful practices and championed Africa’s adherence to the rule of law at various levels. Several APA conferences, such as those in Luanda (2007), Gauteng (2008), Maputo (2010) and Kigali (2011), have adopted declarations to formalise and communicate its decisions and stances. Declarations adopted during these forums have been utilised to garner support from African states towards combating crimes and promoting global norms. The APA’s declarations have, for instance, reflected that it endorses the ratification of the Africa Charter on the Rights and Welfare of the Child (ACRWC); it supports the utilisation of the Africa Peer Review Mechanism (APRM) in furtherance of democracy and rule of law; it emphasises the equitable protection of women and children’s rights; and it encourages the adoption of measures towards combating trafficking, terrorism, money laundering, piracy and a range of other crimes. 

The representative nature of the APA makes it best placed to coordinate continental capacity-building efforts for prosecutors. In recognising this and demonstrating its continued commitment to the enhancement of prosecutorial capacity in Africa, the APA hosted its 7th Annual Conference and AGM from 7–10 October 2012. The conference took place at the Safari Hotel in Windhoek, Namibia and had the theme of ‘Strengthening the Institutional Capacity of Prosecuting Authorities / Agencies in Africa – Uniting Africa’s Prosecutors’. The 2012 conference and AGM was hosted by the current outgoing (now-elect) president of the APA, the Director General of Public Prosecutions of Namibia, Advocate Olyvia Imalwa.

More than 300 prosecutors and representatives from across Africa were in attendance at the 2012 conference. Representatives from Africa included Algeria, Angola, Botswana, Burundi, Cape Verde, Democratic Republic of Congo, Egypt, Ethiopia, Kenya, Lesotho, Malawi, Mauritius, Mozambique, Namibia, Senegal, South Africa, Tanzania, Uganda, Zambia and Zimbabwe. Many of the conference attendees included Directors of Prosecution and other senior prosecutors. 

The conference and AGM

The conference was officially opened at a gala dinner held on Sunday 7 October 2012 with Dr P Shipoh, Permanent Secretary in the Namibian Ministry of Justice, and Windhoek Mayor, Her Worship Elaine Trepper, addressing attendees.

Keynote speakers at the conference included the Namibian Minister of Justice, Pendukeni Iivula-Ithana; Chief Justice of the Republic of Namibia Peter Shivute; Ms Fatou Bensouda,  Chief Prosecutor of the International Criminal Court (ICC); Justice Ngoepe, Judge in the African Court of Justice; and Mr Fafre Camara, from the AU Commission.

During the conference, various sessions took place that highlighted key aspects, including independence and accountability of prosecution authorities and/or agencies; co-operation between and among prosecution bodies and other like-minded organisations; universal jurisdiction; and discussions on a draft prosecution guide. Some of the main messages emanating from these addresses included the need to ensure that human rights considerations are incorporated in responses to international and transnational crimes. The daunting challenges prosecutors face in dispensing their duties were also discussed. Adv. Olyvia Imalwa led delegates at the conference and AGM to a visit to State House where they were welcomed by Namibia’s President Hifikepunye Pohamba.

Representatives of the various countries also addressed delegates on pertinent issues pertaining to prosecutions. Some of these representatives included the Deputy Minister of Justice of Namibia and the Deputy Minister of Justice of Zimbabwe. Presentations were also made by the First President of the Appeal Court of Senegal, as well as the Principal Legal Adviser of the United States Immigration and Customs Enforcement and Director of International Affairs of the Homeland Security Investigations. Representatives from the African Union Commission and the Pan-African Lawyers Union also contributed to the high-level discussions that took place.

Technical aspects of the conference

In line with this year’s theme, the 2012 APA conference highlighted various technical aspects underlining prosecutions in Africa. The International Crime in Africa Programme (ICAP) at the Institute for Security Studies (ISS) played a prominent role in implementing the capacity building segment of the conference. Specifically, the ISS was invited to convene a parallel, technical session to develop the foundation for cooperation between Africa’s prosecutors and provide sensitisation for the prosecution of serious crimes by providing a bird’s eye view of the theoretical and practical elements of prosecutions. The ISS also drew on expertise from around the continent to highlight issues such as international criminal law in Africa and recent developments surrounding it; case studies on the prosecution of transnational and international crimes in east, west and southern Africa; and the relevance of mutual legal assistance in prosecuting serious crimes.

The conference brought to the fore the role of African prosecutors vis-à-vis the international criminal justice system. As the main court involved in international crimes, discussions surrounding the ICC, its mandate and the need for national courts to play a greater role in prosecuting serious crimes were some of the highlights of the conference. At the invitation of the ISS, the ICC’s Fatou Bensouda used this forum to tackle misperceptions about the court. It was emphasised that the ICC is a court of last resort, and only gets involved in prosecutions when a state is either unwilling or unable to prosecute crimes that fall under its jurisdiction. Beyond this, the APA conference provided a suitable avenue for African prosecutors to relate with the new office bearer and to interrogate the work of the court in Africa and generally.  The gesture was welcome as a clear demonstration of the commitment by the current Prosecutor to create awareness about the court. During her opening remarks, Adv. Imalwa defined the APA’s relationship with the ICC as a vehicle to promulgating mutual legal assistance and for strengthening cooperation and coordination among prosecutors.

This technical segment established a platform for in-depth discussion and exchanges among prosecutors. It also further strengthened the development of networks for future cooperation in criminal investigations and prosecutions. Beyond organising the training session, the ISS was called upon to make presentations and lead the deliberations in a number of sessions.

Cooperation between the ISS and the APA dates back to 2009 when ICAP, South Africa’s National Prosecuting Authority and the Government of Spain began negotiations to establish a multi-year capacity-building project to develop specialised capacity of African prosecutors to respond effectively to transnational and international crimes.  This agreement commenced following widespread recognition of the growing threat of complex transnational criminality to Africa’s peace, security and stability. It was agreed that developing specialised expertise among prosecutors is the best way to respond appropriately to these crimes. This APA conference formed part of the broader project. Adv. Imalwa recognised the important role and contribution provided by the ISS towards the conference and AGM and said the Institute was an important partner in supporting the work of African prosecutors. Namibia’s Minister of Justice, Mrs Pendukeni Iivula-Ithana, acknowledged the ISS as a ‘leading African policy and technical assistance organisation’ that is complementing the APA’s vision to train prosecutors to respond effectively and appropriately to complex national, transnational and international crimes. More so, this engagement reflected the APA’s growing commitment to working with civil society in furthering its objectives.

Discussions that emerged from the annual conference were useful in that they enabled the formulation of an informed outcome document, which highlighted key themes. They include the need for the creation of a network of expert investigators, prosecutors and researchers for greater complementarity and enhanced cooperation; the need for investigators and prosecutors to cooperate closely and for prosecution-driven investigations; the need for broad-based knowledge, information sharing and capacity building; and the need for collaboration between prosecutors and civil society.

The APA AGM adjourned with the re-election of Namibia`s Prosecutor-General Olyvia Imalwa as the APA president. Her five vice-presidents are as follows: Angola was elected as Vice President for Southern Africa; Tanzania was elected as Vice President for East Africa; Egypt was elected as Vice President for North Africa; Cape Verde was elected as Vice President for West Africa; The Democratic Republic of Congo was elected as Vice  President for Central Africa. South Africa was elected as Treasurer-General for a four-year term; Mozambique was elected as Secretary- General. Uganda, Algeria and Rwanda were elected as additional committee members.