Migration policy framework for Africa and plan of action (2018 – 2030)
iv.
Prosecution and Investigation
zz Develop policies and guidelines on how to investigate and prosecute trafficking in
persons, and provide training to relevant criminal justice officials such as police
officers, prosecutors and judges.
zz Establish specialised multi-disciplinary counter-trafficking law enforcement units or
specialised prosecutors’ offices to effectively investigate and prosecute trafficking
cases.
zz Increase prosecution of traffickers and others involved in such activities, including
through greater transnational cooperation, such as mutual legal assistance,
and extend witness protection to trafficked persons who want to testify against
traffickers.
v.
Partnership
zz Increase the use of international cooperation when investigating and prosecuting
cases of trafficking.
zz Sign bilateral cooperation agreements in the fight against trafficking in persons
supported by memoranda of understanding between States.
zz Encourage cooperation among Member States and RECs to tackle human trafficking
through the development and use of appropriate mechanisms, such as the Economic
Community of West African States (ECOWAS) Model Bilateral Agreement on
cooperation and mutual legal assistance in protecting children from transborder trafficking.
5.3 Return, readmission and reintegration
A fundamental element of State sovereignty
is the right of a State to decide who and
under what conditions persons enter and
stay in its territory. Return refers to the
process of going back to a State, and can
take place in different ways. Voluntary
return can be assisted or independent,
and takes place on the basis of the free
will of the returnee. Readmission refers
to forced return and occurs when an
individual has been found to illegally enter
or stay in a state. On the other hand,
repatriation refers to the right of a refugee
or a prisoner of war to return to his/her
54
country of nationality under specific
conditions laid down in international law
(Geneva Conventions, 1949 and Protocols,
1977, the Regulations Respecting the Laws
and Customs of War on Land, Annexed
to the Fourth Hague Convention, 1907,
the human rights instruments as well
as in customary international law). 19
Irregular migrants, especially those
without documents, who need to return
19
IOM, 2004. Glossary on Migration