Legal Mechanism of the East African Treaties in Fighting Cross Border Crimes Case Study: Gatuna Border

ABSTRACT In this study, the researcher has focused on four questions mainly: in order to ascertain the measures to promote and enhance peace and security of general interest, what are the mechanisms adopted by EAC Partner States? With respect to the Treaty for the establishment of the EAC strategies which emphasizes peace, security and good neighborliness, explain the EAC strategies in the maintenance of regional peace and security. Despite their willingness to cooperate, what is the quality of the said cooperation of EAC member state in security matters? and lastly, as an EAC Partner State and according to its position while ratifying the Treaty, what is the role of Rwanda in implementing Treaties and Protocols in terms of tackling cross border crimes in the region? The research follows the assumption that there is a link between cross border crime and the cooperation of EAC Partner States in fighting against it. The research project consists of five chapters. Chapter one consists on the problem and its scope where the author describes the background of the study, the history of East African Community and its States in order to provide a better understanding of the course of events in the of East Africa Region. Chapter two deals with the review to the related literature to the study. Different ideas from various authors and scholars were studied and critically analyzed. Chapter three provides the methodologies used to collect data. The main methodology was qualitative methodology which consists on consultation of documents such as books, legal instruments and reports in conformity with the topic. Chapter four is the core examination of legal analysis of international and regional instruments that are applicable in the region. It also analyses national instruments and strategies adopted by Partner States. Finally chapter five provides a conclusion and recommendations. The author tries to summarize the key concepts in general and gives his point of view about what should be done.

 Table of Contents

DECLARATION A

DECLARATION B ii

APPROVAL SHEET iii

DEDICATION

ACKNOWLEDGEMENT v

ABSTRACT

Table of Contents vii

List of acronyms

List of Cases

International instruments xiii

CHAPTER ONE 1

THE PROBLEM AND ITS SCOPE 1

1.1 Background of the study 1

1.2 Statement of the problem 3

1.3 Purpose of the study 4

1.4 Research objectives 5

1.5 General objectives s

1.6 Specific objectives

1.7 Research questions

1.8 Hypothesis 6

1.9 Scope of the study 6

1.10 Significance of the study 7

1.11 Operational definitions of key terms 7

CHAPTER Two

VI I

2.1 Review of related literature g

2.2 Concepts, opinions, ideas from Authors 9

2.3 Theoretical perspectives 11

2.4 Related studies 12

CHAPTER ThREE 14

RESEARCH METHODOLOGY 14

3.1 Overview 14

3.2 Research design 14

3.3 Research Population 14

3.4 Sample Size 15

Target Population and Sample Size 15

3.5 Sampling Procedure 15

3.8 Data gathering procedures 19

3.9 Data analysis 19

3.10 Ethical Considerations 19

3.11 Limitations of the Study 20

CHAPTER Four 22

Legal analysis of International and Regional Instruments 22

4.1 Introduction 22

4.3 Gatuna border control improvement in combating cross-border crimes 23

4.4 An overview of the crimes that occur across the Gatuna border 26

4.4.1 Smuggling of goods 27

4.4.2 Drug Trafficking 27

4.4.3 Refugee Influx 28

4.4.4 Money laundering 28

viii

4.4.5 Arms Trafficking .29

4.4.6 Trafficking in persons 29

4.5 Summary of crimes 31

4.6 United Nations Conventions against transnational organized crime 32

4.7 Provisions of EAC Treaties and other legal texts 32

4.7.1 The Treaty on the Establishment of the East African Community 33

4.7.2 The Common Market Protocol 33

4.7.3 Analysis of custom union Protocol 35

4.7.4 Protocol on Combating Illicit Drug Trafficking in the East African region 38

4.8 Rwandan positive laws in fighting cross border crime 39

4.9 Ugandan Penal Code Act 40

4.10 Mechanism adopted by EAC Partner States to promote and enhance peace and security. 41

4.11 EAC strategies in the maintenance of peace and security in the region 41

1) Enhance the exchange of criminal intelligence and other security information between

Partner States; 41

2) Enhance joint operations and patrols; 42

3) Install common communication facilities for border and interstate security; 43

4) Adopt the U.N model law on mutual assistance on criminal matters; 43

5) implement the Protocol on combating illicit drug trafficking; 44

6) Exchange visits by security authorities; 45

7) Exchange training programs for security personnel; 46

8) Establish common mechanisms for the management of refugees; 47

9) Formulate security measures to combat terrorism; 47

10) Establish measures to combat proliferation of illicit small arms and light weapons; 49

11) develop a mechanism for conflict management and resolution; 50

12) Develop a conflict early warning mechanism 51

Summary 51

CHAPTER Five 53

5.1 Conclusions, Recommendations 53

5.2 Conclusion 53

5.3 Recommendations 55

BIBLIOGRAPHIE 59

Electronic Sources 60

APPENDICES 62

Research instrument: Interview guide 62