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

1.2 Statement of the problem

The EAC region is one of those characterized by internal disturbance. Moreover, it is situated in the category of developing countries where a lot of people commit crimes in order to get something to survive. Several causes of criminal acts which can be a danger to the security of the region have been identified among them:

i. Poverty

ii. Unemployment which contributes to crime through looking ways to earn money by any means.

iii. Population density and degree of urbanization, etc...

In order to promote the achievement of the objectives of the Community as set out in Article 5 of this Treaty particularly with respect to the eventual establishment of a Political Federation of the Partner States, the Partner States shall establish common foreign and security policies^4(*) as its common objectives, these are:(a) safeguard the common values, fundamental interests and independence of the Community;

(b) Strengthen the security of the Community and its Partner States in all ways^5(*);

There is concern on the possibility of rising insecurity due to opened borders. The infiltration of illegal firearms from conflict areas and the possible free movement of criminal elements are some of the concerns. The security threat posed by rebel movements in the Great Lakes and the conflict in Northern Uganda are cases in point. The issue of incompatibility of the security forces of the partner states due to differences in discipline and accountability is also a challenge. The entry of Rwanda and Burundi into the Community has raised these fears as these countries are considered as `danger prone' states. However, Rwandans and Burundians feel that the formation of the Federation would adequately deal with the issue of instability in the region. Let us mention that cross border crimes constitute an obstacle on the cooperation among States. On that issues, customs administration recognize that very early on that customs would be a key agency in any fight against transnational organized crime.

1.3 Purpose of the study

The main purpose of the study is to analyze the cooperation of East African member States when combining their effort to fight against cross-border crimes. This means that as the cooperation is strengthened, crimes are more and more eradicated in the region.

1.4 Research objectives

1.5 General objectives

The study will discuss how these States will co-operate in order to fight against cross border crimes, the way to undertake constant review and implementation of measures in combating crime and maintaining peace and security in the region.

1.6 Specific objectives

Among specific objectives, this research is focused on:

i. Understanding the level of cooperation of E.A.C members and the level of these members in fighting cross-border crimes

ii. Analyzing the provisions of E.A.C Treaty about the security in the region

iii. Examining the efforts and weaknesses of E.A.C members in acting against crimes in the region

iv. Presenting the actual position of Rwanda as a member of E.A.C, in his policy against cross border crimes.

v. Explaining in detail the result of the cooperation of EAC member States in coordinating their effort in fighting against crimes that cross the border specifically of Gatuna because it is one among the joint border of the community.

* ⁴ Treaty for the establishment of the East African Community (2000) Art 123,par.1

* ⁵ Idem, Article123 par.3.a & b