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

4.5 Summary of crimes

It can be helpful for States to identify crimes in order to establish measures to combat them. The table below presents some predominant crimes in EAC.

Table

Predominant border crimes	Border zone of activity	Actors involved
Drug trafficking	Gatuna border
Human trafficking	Gatuna border	Traffickers who serves sometimes as middle men, trade and business partners
Smuggling of illegal goods	Gatuna border	Individuals, business men and women, business partners
Fraud	Gatuna border	Business men and women, business partners, fraud offenders.
Theft and handling	Gatuna border	Traffickers who serves sometimes as middle men and drivers of cars

Table illustrating the predominant border crimes, at Gatuna border and the actors involved.

4.6 United Nations Conventions against transnational organized crime

Very few States have adopted laws on extradition and mutual legal assistance. This limits their ability to respond positively to related requests from other states. The agreement on a Convention on extradition and a Convention on mutual legal assistance would enhance cooperation in criminal matters among a large number of East African States. The Convention stipulates that extradition shall be subjected to the conditions provided for by the domestic law of the requested State Party or by applicable extradition Treaties^36(*), including, inter alia, conditions in relation to the minimum penalty requirement for extradition and the grounds upon which the requested States Party may refuse extradition.

4.7 Provisions of EAC Treaties and other legal texts

Cross border crime in itself refers specifically to that point at which transnational crime impacts on the border, the point at which goods and persons cross the border^37(*). The protocol on the establishment of the East African custom union in its article 9^38(*) provides that the Partner States shall: exchange information on goods and publications known to be the subject of illicit traffic and maintain special surveillance over the movement of such goods and publications. This surveillance normally concerns those who try to escape border control because of the illicit product they bring or to escape taxes. It is at the same time characterized by an offender crossing a police force boundary to perpetrate a crime or commit an offence in such a way as to require the police the police to cross boundaries to investigate it. This study establishes whether effectiveness in fighting cross border crimes through legal mechanism of EAC Treaties measures significantly determines the extent of EAC legal system to fight these crimes all over the region. In achieving this major purpose, the researcher found necessary to critically analyze these Treaties.

4.7.1 The Treaty on the Establishment of the East African Community

Article 124 of The Treaty for the Establishment of the East African Community^39(*), recognizes the need for peace and security within the East African States. The same article spells out wide-ranging approaches for implementation in order to have a stable and secure environment within the region. This kind of environment is geared towards promoting development and harmonious living of the people of East Africa.

Therefore, Partner States try their best to put into practice what the Treaty provides. There are many examples among them, the establishment of the East African Police Chief Cooperation (EAPCCO), which operates in the whole region and the two neighboring countries, Rwanda and Uganda enhance their cooperation in security matters by exchanging visits and trainings.

* ³⁶ United Nations Conventions against transnational organized crime, art 16

* ³⁷ David Collins, cross border crime and customs, Canberra, 21-22 June 2001

* ³⁸ Art.9 par.2(b)

* ³⁹ The Treaty for the establishment of the East African Community (2000)