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

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

Most of the respondent confirmed that the Gatuna Border Agency is responsible both for facilitating legitimate travel and trade, and for helping protect the EAC from the harm caused by terrorism and other crimes, including organized criminal activity, and individuals that seek to exploit our public services and private businesses. Some of those crimes are the following^23(*);

4.4.1 Smuggling of goods

Smuggling is an activity which involves the importation or exportation of goods by wrong or unlawful means with the objective of evading taxes^24(*). Smuggling of illegal goods, natural resources and cash crops is very rife across the borders especially the land borders. It is the main and lasting survivor forms of cross border crimes since the beginning of the definition and demarcation of boundaries. Smuggling could manifest in a «plain? or «concealed? form.

4.4.2 Drug Trafficking

Drug trafficking is still gaining ground in the country. Some individuals are involved in the trafficking network in neighboring countries for example from Uganda to Rwanda or from Rwanda to Uganda and elsewhere in the region^25(*). Several arrests were made but the extremely slow judicial procedures coupled with the lack of proper mechanisms to investigate the issues led either to the culprits being acquitted or that the cases were dropped for lack of evidence^26(*).

With the issue of human trafficking, Gatuna border has been identified as a transit for human trafficking. Unemployed women and children of poor social status are often the victims. Most of them are trafficked on behalf of the developed countries and mostly involves younger women who are taken to countries with the understanding that they have been recruited for jobs in those countries, and most of the time they are recruited for slavery and prostitution. About children, they are often trafficked through the Gatuna border from or to neighboring countries where a lot of them are used as cheap laborers in activities such as farming, fishing, and street hawking^27(*).

The victims within this category are also promised job opportunities and better prospects of life. In reality, such promises turn out to be false and they end up becoming victims of sexual exploitation, prostitution, street children and hazardous conditions of life^28(*) .

4.4.3 Refugee Influx

Displaced persons seeking asylum across borders also pose a threat to border security. The displacement of people could occur anywhere in the world for natural or manmade reasons. In East Africa, eventual armed conflict, civil strife and political instability are the chief causes of social dislocation. Six of the world's major refugee producing countries is in Africa and millions of Africans live as refugee in foreign land^29(*).

Refugee influx has implications for internal security. They put strain on the economy, environment and social infrastructure, and can be predisposed to crime especially those coming from civil war situation^30(*). They could bring their weapons and use them for criminal activities.

* ²³ Interview with BUTERA MUGABE John, Policy Researcher Political and Legal Affairs, Ministry of East African Community, MINEAC, (Kigali, Rwanda, 14 August 2012)

* ²⁴ Uganda Revenue Authority, Smuggling and its effects, F\Y 2008/09

* ²⁵ Interview with Octave, custom officer at Gatuna border, (Gatuna, Rwanda, August 2012)

* ²⁶ David Collins, Cross border crime and customs, «4^th National Outlook Symposium on crime in Australia, Canberra, June 2001)

* ²⁷ ibid

* ²⁸ Interview with a policeman in the Intelligence Department, (Kigali, Rwanda, July 2012)

* ²⁹ United Nations High Commissioner for Refugees(UNHR) Global report of 2004 in Nyaradzo M in search of solutions: Advancing Refugees Protection in Twenty-first century Africa Conflict Trends(2)2005 p10

* ³⁰ Margaret MANSA Sosuh, `Border security in Ghana, Challenges and Prospects ', (occasional paper no 32, Ghana, March 2011)