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

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

A Protocol on Anti-Narcotics was concluded in 2001. Implementation of its action plan has since been in progress and heads of anti-narcotics units have continued to meet regularly to evaluate progress in its implementation. This Protocol criminalizes illicit drug trafficking, subscribes to international conventions on Narcotics, provides for domestic legislation, mutual legal assistance, law enforcement, drug demand reduction and institutional arrangements in areas of implementation and execution. The preamble of this Protocol states that Partner States are committed to the establishment of regional institutional framework in combatting illicit drug supply, demand and related corruption in Partner States through legislative and social policies, and conscious of the fact that illicit drug trafficking is a serious international problem, Partner States were convinced even that cooperation between Partner States is necessary to eradicate illicit drug production and trafficking and were also convinced that cooperation can only be effected through implementation of coordinated, comprehensive and integrated drug control and prevention programs that address both supply and demand involve the public , the private sector, business and Non-Governmental organizations. Its objectives include inter alia reduction and eventual elimination of illicit drug trafficking, money laundering; elimination of illicit drugs production^45(*); and protection of the EAC region from being used as a conduit for drugs destined for international markets.

To operationalize the Strategy for Regional Peace and Security, EAC has developed a Protocol on Peace and Security, particularly to provide a legal framework and to ordinate cooperation. Under Article 124 of the Treaty, the EAC Partner States agreed that peace and security are pre-requisites to social and economic development within the region and vital to the objectives of the Community.

Basing on the study objectives, the description of findings clearly indicated that the legal mechanism of EAC Treaties measures against cross border crimes on Gatuna border are generally effective much as some items were noted to be effective. The effectiveness in countering cross border crimes measures is confirmed ineffective in the measurement scale. The finding on fighting cross border crimes measures at Gatuna border indicates that Partner States strengthen their efforts in respect of laws and regulations of the region.

It can also be said that the Rwanda and Uganda are the most responsible for the transactions that passes through the Gatuna- Katuna border. Consequently, very few States have adopted laws on extradition and mutual assistance. As a result, 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.

* ⁴⁵ Protocol on combating drug trafficking in the East African region, art 2