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

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par Eddy MAZIMPAKA
Kampala International University - Master 2012
  

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CHAPTER Five

5.1 Conclusions, Recommendations

5.2 Conclusion

The EAC is an intergovernmental organization of five countries as seen above. The vision of the EAC is to attain a prosperous, competitive, secure, stable and politically united East Africa. The mission is to widen and deepen economic, political, social and cultural integration in order to improve the quality of life of the people of East Africa though increased competitiveness, value added production trade and investment.

In this study entitled» Legal mechanism of the East African Treaties in fighting cross border crimes» the researcher's attention focuses on legal analysis of the EAC Treaties and its different Protocols, conclusions of conferences and reports of EAC members about peace and security in the region. The issues of cross border crime related to EAC were already topical before the current enlargement of the EAC. We may note that majority of criminologists and experts who contributed during this work claim that crimes between the EAC Partner States most of them are economic crimes and have increased considerably diversified and become more organized. What will happen in cross border crime after the accession of the five countries, including Rwanda, is a question to which various answers have been given.

In line with that, border security is entirely about border development where there is improvement in the issues and activities that enhance security at the borders. The East African Community effort is required to manage the risk of crime.

An effective response on cross border criminal activities in East Africa will greatly enhance peace and stability in the sub region for the much needed free movement of goods and persons, vibrant economic and social activities and human security. Neighbouring countries like Rwanda and Uganda cooperate closely and are entitled to perform joint operations and controls on both sides of their common border. Examples include controlled drug deliveries as well as joint police cooperation.

The implementation of the work plan has big financial implications which require urgent attention and commitment of all the Partner States. The key EAC achievements and successes is summarized in signing of the Treaty for the Establishment of the East African Community in 1999, joint military exercises by East African Community Partner States Defense Forces, establishment of fora for chiefs of Police, Directors of CID and Directors of Operations and Intelligence to coordinate peace and security matters and the joint patrols, sharing of criminal intelligence and surveillance to combat cross-border crime.

Border management ensures that all the resources available are employed to regulate the movement of people and goods across the borders. Its effectiveness depends to a large degree on the rules and procedures established to enforce the conditions under which entry is permitted including commitment to locating and removing those that breach the conditions of their stay. There is the need for balancing the two security imperatives that is facilitating the movement of legal persons and goods to enable the region to benefit from the open relationship within itself and the rest of the world and at the same time preventing the situations that threaten the security of the region.

Cross border activities done by criminal groups or individuals pose serious and increasing concerns for the international community. Their activities affect our join security, stability of the entire region and of the EAC economy. Furthermore, there is a need for the countries of EAC to employ coordinated and comprehensive strategies to fight these crimes wherever they manifest themselves. And then, with the adoption of international instrument and the ratification of more regional instruments, these will entail developing strong law enforcement approaches, and enhancing EAC cooperation through public-private partnership.

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