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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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5.3 Recommendations

Governments of the East African sub region must be able to strengthen their governance capacity, support committed reformers, and strengthen the ability of citizens to monitor public functions and hold leaders accountable for providing safety, effective public services, and efficient use of public resources. This can be achieved through; the practical implementation of new and ground breaking conventions and protocols that define and promote international standards and create roadmaps for domestic implementation. And also, through the use of a broad range of bilateral, regional and global training and technical assistance programs aimed at strengthening the law enforcement and prosecutorial capacity of our foreign partners, and their capacity to implement those shared standards and best practices.

The all East Africa governments need to adopt and implement the United Nations Conventions against Transnational Organized Crime and Corruption (and its Protocols). The importance of these international instruments is that they create a broad framework for mutual legal assistance, extradition and law enforcement cooperation and the Convention Against Corruption contains an innovative chapter that promotes international cooperation for asset recovery cases.

Organized criminal groups or individuals carry out their illicit activities using major technological tools such as information networks, the financial system and other sophisticated means. With this reason, there is need for the EAC Partner States to strengthen public private partnerships in the fight against individual and organized crime and corruption in the society which will be a form of eradication of cross border crime in the region. In a globalized world, where illicit criminal activities and their actors, threaten both our international security and private sector interests, public and private non-governmental entities can be crucial allies. A number of international NGOs and private firms have already been helpful in terms of bringing to light important issues such as corruption in the extractive industries and illegal logging, the production and trafficking of counterfeit goods, and trafficking in persons, and others. NGOs may also transform themselves into engines of capacity building in the developing world.

Regional governments must strengthen their national criminal justice systems. This could be done through a co-ordinated and comprehensive response systems based on a number of measures. One is, measures that address the conditions conducive to the spread of terrorism, and through measures that prevent and combats terrorism.

The legislatures of the different sub-regional states should work to put in place an Act that will deal with the increasing activities of terrorism. This could be done within the broad framework of the East African Community (EAC).

Measures are being taken to prevent and control border threats to ensure security at Gatuna border. Lack of commitments on the part of the government and all stakeholders in the business of border security to contribute their quota to find concrete and lasting solutions to the problems explains different anomalies.

-There is a need for forces to identify the extent and nature of cross border crime in their areas; this will be helpful to protect Gatuna border and our national interest and even EAC interests.

-The Member States especially Rwanda and Uganda, the two neighboring of Gatuna border need strong collaboration and cooperation between the border agencies and their counterparts in neighboring countries to strengthen their ability to provide fast and efficient services. This cooperation will be very important to tackle border tax fraud, smuggling and immigration crime, high risk individuals, drugs, weapons and other harmful goods from entering the country.

The issue of language barrier to most of the officials stationed at the borders. As established, Gatuna is crossed by people from the whole region and are characterized by different languages most of them use English Swahili and French Speaking and therefore needs officials who can communicate effectively in all those languages.

-Where specific problems of cross border offending are identified neighboring forces should look to establish collaborative arrangements along the lines identified.

-Consider strengthening cooperation among border control agencies by, inter alia, establishing and maintaining direct channels of communication.

-Encourage States to criminalize the financing of terrorism in accordance with resolution 1373 (2001) and the Convention

-Encourage States not only to become party to all the international counter-terrorism instruments, but also to incorporate the elements of those instruments into domestic law

-Forces should consider appointing inter-force liaison officers, setting up short term exchanges and/or secondments of officers and mounting more joint operations. By doing this networking opportunities for officers can be developed and exploited to the full, thus improving the prospects for future co-operation.

-Encourage States to strengthen their legal framework encourage them to continue enhancing border security at points of entry in order to prevent the illegal cross- border movement of persons, cargo and arms/explosives, as well as currency and other bearer instruments, and to implement the international best codes and standards established by specialized agencies.

- EAC Partner States shall take measures as may be necessary, within available means, to extradite an offender who committed a crime in one of the Partner States and to have a trial where he committed the offence and there should be joint collaboration, trainings and information exchange to provide an opportunity for fast tracking cross border crimes and criminals.

-Promote best practices and facilitate capacity-building and training for members of the judiciary, law enforcement agencies and other relevant civil servants in procedures for requesting and offering assistance in criminal investigations, mutual legal assistance and extradition matters

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