Legal mechanism of the east african treaties in fighting cross border crimes, case study Gatuna border

4.4.4 Money laundering

Closely linked to all the border crimes is the issue of money laundering. It is the practice of engaging in financial transactions to conceal the identity, source, or destination of illegally gained money^31(*). This practice relates to how monies are illegally transferred to criminals through legitimate means into assets that cannot be traced back to the underlying crime^32(*). The phenomenon thrives in countries where there are flexible security rules, ineffective monitoring, thriving black market, limited assets seizure and confiscation authority and established non-banking institutions. Money Laundering is the end result of a successful and profiting criminal act. Most often, it is not easily detected unless the financial dealings in suspected criminal cases are delved into. As such its influence is subtle and difficult to determine. Also, money laundering could serve as a means used to perpetuate the cycle of other criminal activities especially where they fund and support the very illegal acts they gain their proceeds from. Measures to combat money laundering are established by the Convention whereby each State Party shall institute a comprehensive domestic regulatory and supervisory regime for banks and non-bank financial institutions and, where appropriate, other bodies particularly susceptible to money-laundering, within its competence, in order to deter and detect all forms of money-laundering, which regime shall emphasize requirements for customer identification, record-keeping and the reporting of suspicious transactions^33(*).

4.4.5 Arms Trafficking

As the region is facing disturbance caused by different rebel groups, the borders of Gatuna is also classified as one of the transit points for illicit Small Arms and Light Weapons (SALW) to neighboring countries such as Democratic Republic of Congo, Burundi, Uganda, Kenya, and Tanzania, and even from those countries to Rwanda Most of these weapons are manufactured abroad. These weapons become the major tools used in armed robbery, ethnic and civil conflicts.

4.4.6 Trafficking in persons

Trafficking in persons is a crime against humanity, defined as the recruitment, transportation, transfer, harboring or receipt of persons, by means of threat, use of force or other means of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the receiving or giving of payment...to a person having control over another person, for the purpose of exploitation^34(*).

The United Nations Convention against Transnational Organized Crime, adopted by the General Assembly in November 2000, is the main international instrument in the fight against cross-border crime. The Convention's supplemental Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, entered into force in December 2003.

As a prevention tool, it encourages states to educate potential victims and address the socioeconomic issues which face many of those trafficked. Moreover, as the first global legally-binding instrument with an agreed definition on trafficking in persons, the Protocol allows for a much-needed convergence of national approaches, supporting efficient international cooperation in investigating and prosecuting human trafficking cases. An additional objective of the Protocol is to protect and assist the victims of trafficking in persons with full respect for their human rights.

For those States that are Parties to the Protocol on Trafficking in Persons, article 5 requires them to establish the offence of trafficking in persons^35(*). Trafficking in persons is defined, and for the first time internationally, in article 3 of this Protocol. Any legislation that criminalizes trafficking in persons must consist of three basic elements:

· The action of: recruitment, transportation, transfer, harboring or receipt of persons;

· By means of: the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person;

· The purpose of exploitation, which include, at a minimum: the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs.

This can be done as a single offence or a combination of offences that cover the full range of conduct. It should be remembered that trafficking is the combination of constituent elements and not separate elements themselves.

The majority of those trafficked are female. Gender-based discrimination of women and girls, and the often resulting poverty, places them at higher risk of becoming targeted by traffickers, who recruit their victims with false promises of opportunity. Human trafficking is in most cases a trans-border crime affecting all regions of the world.

* ³¹ Simon Odey Ening, Trans-border crime and its socio-economic impact on developing economies(2011),p.3

* ³² Margaret Mansa Sosuh (2011) Border security in Ghana: challenges and prospects,p 15

* ³³ United Nations Convention Against Transnational Organized Crime, art.7

* ³⁴ United Nations Protocol to Prevent, Suppress and punish Trafficking in persons, especially women and children, supplementing the UN Convention Against transnational organized crime, art.3

* ³⁵ UNODC, Legislative guide for the implementation of the Protocol to Prevent , Suppress and Punish Trafficking in person, especially women and children, supplementing the United Nations Conventions Against Transnational Organized Crime(2003)