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

11) develop a mechanism for conflict management and resolution;

The EAC's conflict prevention, management and resolution mechanism(CPMR) on the other hand includes initiatives towards prevention of conflicts, making early warning an integral part. It provides for mechanisms of managing and resolving conflicts when they occur. Partner States have witnessed several conflict internally and externally and neighboring countries like Al-Shabab in Kenya, NRA of Joseph Kony in Uganda, FDLR in Rwanda and many others. This calls for a mechanism for peaceful resolution of disputes and conflicts amongst the Partner State and forum under which the EAC can participate in resolution of disputes within the region.

The political objective of conflict management is to promote trust and confidence, and with respect to displaced persons, ensure peace, security, and stability to allow for voluntary repatriation and internal replacement^60(*). Conflict management is the most important conflict maintenance process because it is the one most integral to the physical and legal protection of displaced people.

The most effective and sustainable way to prevent coerced population movements and protect displaced persons is to establish comprehensive conflict maintenance systems at the local, national, regional, and international levels.

12) Develop a conflict early warning mechanism.

The field of conflict early warning seeks to forecast the outbreak of armed conflict, or, at minimum, to detect the early escalation of violence, with the objective of preventing the outbreak or the further escalation of violence in order to save lives.

An implementation plan of the Peace and Security Strategy has been developed and adopted. EAC Partner States may first establish national early warning focal points and then develop a regional coordinating mechanism for the national early warning focal point. All this will be helpful to prevent, mitigate and manage conflicts and threat in the region. Meanwhile, there is need to ensure timely collection of date and relevant information that decision makers can use. In achieving this major purpose, five research objectives were formulated and these were to determine the effectiveness of EAC Treaties measures on cross border crimes.

Nowadays early warning occurred in several instances but did not precipitate any action. Strong expectations of potential conflict or even the outbreak of violence were not in themselves sufficient to generate preventive action.

Summary

This chapter deals with legal analysis if international regional and national instruments with the aim to fight cross border crimes. This explains in legal terms about cross border control and measures taken either by neighbouring countries ,Rwanda and Uganda by explaining improvement made on Gatuna border. Even if this border still lacking quality of basic border infrastructure, there are some improvement like the use of modern technologies as now they instituted computers for finger print.

Nowadays it is not easy for individual criminals and other organized criminal group to travel with false documents because they reinforced border controls through the adequate and efficient presence of customs and border security personnel.

This chapter also summarizes predominant crimes at Gatuna border and Cleary analyzes strategies of EAC Partner States in the maintenance of peace and security. After the EAC mechanism to promote and enhance peace and security in the region there also exist international instruments to enhance peace and security through a joint cooperation.

* ⁶⁰ Jeremy LEVITT, Conflict Prevention, Management and Resolution:Africa- Regional strategies for the prevention of displacement and protection of displaced persons:The cases of OAU, ECOWAS, SADC, and IGAD,Vol 11:39, p.46