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

List of acronyms

AML: Anti Money Laundering

Art: Article

AU :African Union

BNI: Bureau of National Investigation

CEPS: Customs Exercise and Preventive Service

CPMR: Conflict Prevention and Management Resolution

CPS: Customs Preventive Service

EAC : East African Community

EAPCCO: East African Police Chief Cooperation

ECOWAS: Economic Community of West African States

EU: European Union

FDLR: Force Democratique pour la Liberation du Rwanda

IGP : Inspector General of Police

NRA: National Resistance Army

OAU : Organisation of African Union

PRG: Police Research Group

REC:Regional Economic Community

SALW : Small Arms and Light Weapons

Vol : Volume

List of Cases

Case The Prosecutor versus HAKIZIMANA Joel/ RP 0099/11/HC/Mus

Case The Prosecutor versus MATESO Daniel/ RP 0026/ 2010/ TGI/ RBV

International instruments

Universal Declaration of Human Rights, 1948

Protocol Relating to the Mechanism for Conflict Prevention, Management, Resolution, Peace Keeping and Security, 1999

United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988

Political Declaration and Action plan against Money Laundering, 1988

United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, 2000

International Convention for the Suppression of the Financing of Terrorism, 1999

United Nations Convention Against Transnational Organized Crime and the Protocol Thereto, 2004

Regional Instruments

Treaty for the Establishment of the East African Community, 2000

Treaty of the Accession of the Republic of Rwanda into the East African Community, 2007

Protocol on Establishment of Custom Union, 2004

Protocol on Combating Drug Trafficking in the East African Region, 2001

Protocol on the Establishment of the East African Common Market, 2009

Protocol on Decision Making by the Council of the East African Community, 2001

East African Draft Protocol on Foreign Policy Coordination, 2010

Bilateral Agreement for the Establishment and Implementation of a one stop Border Post at Rusumo (between Rwanda and the Government of the United Republic of of Tanzania, 2010.

National Laws

The Constitution of the Republic of Uganda, 1995

The Constitution of the Republic of Rwanda of June 2003

Rwanda Penal Code book II, no 21/77 of 18/ August/ 1977

Uganda Penal Code Act

CHAPTER ONE

THE PROBLEM AND ITS SCOPE

1.1 Background of the study

Eastern Africa comprises of three diverse and culturally different geographical areas, namely the East African region (Kenya, Tanzania, Uganda, Burundi, and Rwanda), the Horn of Africa (Djibouti, Eritrea, Ethiopia and Somalia) and the Indian Ocean Islands of the East African coast (Seychelles, Comoros, Mauritius and Madagascar). The East African Community (EAC) is an intergovernmental organization with the six countries mentioned above namely Kenya, Tanzania, Uganda, Burundi, Rwanda including Southern Soudan. The organization was originally founded in 1967,however it collapsed in 1977, and was officially revived on July 7, 2000. In 2008, after negotiations with the Southern Africa Development Community (SADC) and the Common Market for Eastern and Southern Africa (COMESA), the EAC agreed to an expanded free trade area including the member states of all three organizations. The EAC is an integral part of the African Economic Community. Burundi and Rwanda joined the EAC on 6th July 2007.

The East African region is composed of six states, three of which (Kenya, Uganda, and Tanzania) were the founding partners, while Burundi and Rwanda joined in 2007 and finally Southern Soudan is a part of it after it successfully succeeded from Sudan. There is a concern of cross border crimes in the region but there is also the co-operation of East Africa Partner States also known as regional integration and this is a process in which states enter into a regional agreement in order to enhance regional cooperation through regional institutions and rules. The objectives of the agreement could range from economic to political, although it has generally become a political economy initiative where commercial purposes are the means to achieve broader socio-political and security objectives^1(*).

Past efforts at regional integration have often focused on removing barriers in the region, increasing the free movement of people, labour, goods, and capital across national borders, reducing the possibility of regional armed conflict (for example, through Confidence and Security-Building Measures, and adopting cohesive regional stances on policy issues, such as the environment, climate change and migration.

Crime is a particularly interesting problem because it is in many respects the obverse of altruism. This is especially true if we define crime broadly as behavior in which individuals obtain resources from others via force, fraud, or stealth^2(*). Cross border crime on the other hand is the fact that an offender crosses the border through the police force boundary to perpetrate a crime or an offence^3(*).

Closer integration of neighboring security is seen as a first step in creating a larger regional confidence by reducing other crimes and risks. The community has established fundamental principles and objectives to fight against cross border crimes. As said above, a criminal who committed an offense in Rwanda could take asylum in Uganda or in any other country through Gatuna border, but now as we are looking for cooperation in security matter, he/she will be caught by Uganda police also known as East African Police Chief Cooperation (EAPCO).Bilateral and sub-regional interchange arrangements are advocated as development tools of the region. In broad terms, the desire for closer integration is usually related to a larger desire for opening to the outside world. Regional security cooperation is being pursued as a means of promoting development through greater efficiency, rather than as a means of disadvantaging others. The nation-State system, which has been the predominant pattern of international relations since the Peace of Westphalia in 1648 is evolving towards a system in which a regional groupings of States is becoming more important than sovereign States.

The community has underscored the importance of peace and security in order to ensure a successful process of regional integration in regarding the control of cross border crime. In order to enhance cooperation in fighting cross border crimes, a council on Interstate security has been established and some key areas of focus are:

i. Implementation of the Protocol on illicit drug trafficking

ii. Small arms and light weapons management program and finally

iii. Cooperation in police matters

As the world is facing terrorism acts, the region is also threatened with the same issues. As an evolution against terrorism we need to mention the Counter-Terrorism Committee (CTC) and its Executive Directorate (CTED) which are actively engaged in developing closer ties with international, regional and sub-regional organizations. The above two play an important role in assisting States with the implementation of resolution 1373 (2001). Cross border crime in itself refers specifically to that point at which transnational crime impacts on the border, the point at which goods crosses the border.

Since 2003, the Committee has held five special meetings with these bodies to discuss closer cooperation and other issues. Experts from various organizations also take part in the country visits conducted by CTED on behalf of the Committee, and they play a key role in ensuring follow-up to the conclusions and recommendations of the mission.

* ¹ This means the legal mechanism of the EAC Treaties and their provisions to counter cross border crimes

* ²Crime,classification and categorization, in www.wikipedia.com/crime/html.consulted on 23/May/2012

* ³ MIKE Porter(1996), Tackling cross border crimes, paper 79,