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

ABSTRACT

In this study, the researcher has focused on four questions mainly: in order to ascertain the measures to promote and enhance peace and security of general interest, what are the mechanisms adopted by EAC Partner States? With respect to the Treaty for the establishment of the EAC strategies which emphasizes peace, security and good neighborliness, explain the EAC strategies in the maintenance of regional peace and security. Despite their willingness to cooperate, what is the quality of the said cooperation of EAC member state in security matters? and lastly, as an EAC Partner State and according to its position while ratifying the Treaty, what is the role of Rwanda in implementing Treaties and Protocols in terms of tackling cross border crimes in the region? The research follows the assumption that there is a link between cross border crime and the cooperation of EAC Partner States in fighting against it.

The research project consists of five chapters. Chapter one consists on the problem and its scope where the author describes the background of the study, the history of East African Community and its States in order to provide a better understanding of the course of events in the of East Africa Region. Chapter two deals with the review to the related literature to the study. Different ideas from various authors and scholars were studied and critically analyzed. Chapter three provides the methodologies used to collect data. The main methodology was qualitative methodology which consists on consultation of documents such as books, legal instruments and reports in conformity with the topic. Chapter four is the core examination of legal analysis of international and regional instruments that are applicable in the region. It also analyses national instruments and strategies adopted by Partner States. Finally chapter five provides a conclusion and recommendations. The author tries to summarize the key concepts in general and gives his point of view about what should be done.

Table of Contents

DECLARATION A i

DECLARATION B ii

APPROVAL SHEET iii

DEDICATION iv

ACKNOWLEDGEMENT v

ABSTRACT vi

List of acronyms xi

List of Cases 1

International instruments 2

CHAPTER ONE 5

THE PROBLEM AND ITS SCOPE 5

1.1 Background of the study 5

1.2 Statement of the problem 7

1.3 Purpose of the study 8

1.4 Research objectives 9

1.5 General objectives 9

1.6 Specific objectives 9

1.7 Research questions 9

1.8 Hypothesis 10

1.9 Scope of the study 10

1.10 Significance of the study 11

1.11 Operational definitions of key terms 11

CHAPTER Two 13

2.1 Review of related literature 13

2.2 Concepts, opinions, ideas from Authors 13

2.3 Theoretical perspectives 15

2.4 Related studies 16

CHAPTER THREE 18

RESEARCH METHODOLOGY 18

3.1 Overview 18

3.2 Research design 18

3.3 Research Population 18

3.4 Sample Size 19

Target Population and Sample Size 19

3.5 Sampling Procedure 19

3.8 Data gathering procedures 23

3.9 Data analysis 23

3.10 Ethical Considerations 24

3.11 Limitations of the Study 24

CHAPTER Four 27

Legal analysis of International and Regional Instruments 27

4.1 Introduction 27

4.3 Gatuna border control improvement in combating cross-border crimes 28

4.4 An overview of the crimes that occur across the Gatuna border 31

4.4.1 Smuggling of goods 32

4.4.2 Drug Trafficking 32

4.4.3 Refugee Influx 33

4.4.4 Money laundering 33

4.4.5 Arms Trafficking 34

4.4.6 Trafficking in persons 34

4.5 Summary of crimes 36

4.6 United Nations Conventions against transnational organized crime 37

4.7 Provisions of EAC Treaties and other legal texts 37

4.7.1 The Treaty on the Establishment of the East African Community 38

4.7.2 The Common Market Protocol 38

4.7.3 Analysis of custom union Protocol 40

4.7.4 Protocol on Combating Illicit Drug Trafficking in the East African region. 43

4.8 Rwandan positive laws in fighting cross border crime 44

4.9 Ugandan Penal Code Act 45

4.10 Mechanism adopted by EAC Partner States to promote and enhance peace and security 46

4.11 EAC strategies in the maintenance of peace and security in the region 46

1) Enhance the exchange of criminal intelligence and other security information between Partner States; 46

2) Enhance joint operations and patrols; 47

3) Install common communication facilities for border and interstate security; 48

4) Adopt the U.N model law on mutual assistance on criminal matters; 48

5) implement the Protocol on combating illicit drug trafficking; 49

6) Exchange visits by security authorities; 50

7) Exchange training programs for security personnel; 51

8) Establish common mechanisms for the management of refugees; 52

9) Formulate security measures to combat terrorism; 52

10) Establish measures to combat proliferation of illicit small arms and light weapons; 54

11) develop a mechanism for conflict management and resolution; 55

12) Develop a conflict early warning mechanism. 56

Summary 56

CHAPTER Five 58

5.1 Conclusions, Recommendations 58

5.2 Conclusion 58

5.3 Recommendations 60

BIBLIOGRAPHIE 64

Electronic Sources 65

APPENDICES 66

Research instrument: Interview guide 66