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

4.8 Rwandan positive laws in fighting cross border crime

From the point of view of Rwanda, an attempt should be made to establish the necessary foundations, make an original contribution to handling cross border crime. That refers to participation in defining and interpreting the phenomenon and in various stages of the development of control measures. While there are a number of international and regional instruments dealing with cross border crimes, the primary tool used by government in EAC to combat those crimes include their own domestic legislation. The Rwandan Penal Code criminalizes cross border crimes in its provisions where it stipulates that will be punished of a three months imprisonment to five years and of a fine of two hundred and fifty thousand francs to the maximum, or one of these sentences only, those which will have contravened the regulations concerning the substances classified like narcotics. Case the Prosecutor Vs HAKIZIMANA Joel^46(*) accused and found guilty of illegal trafficking of kanyanga drug from Uganda to Rwanda. The offence consists in the illicit production, importation, manufacture or export of the aforesaid substances, the incurred sorrows could be carried to the double.
The sorrows will be incurred while at the same time the various acts constituting the elements of the infringement will have been accomplished in different countries^47(*).

This justifies the primary role of the domestic laws.

Another case in point concerns trafficking in persons, especially, in the Prosecutor Vs Mateso Daniel^48(*), the accused was found guilty of trafficking Niyonkuru Dieu Merci, an albino from Rubavu District, Rwanda to DRC. This act is considered illegal and punished by the Organic law no 21/77 of 18/07/1977 Rwandan criminal code in its articles 21, 22 and 24.

4.9 Ugandan Penal Code Act

Uganda Penal Act has different provisions that punish crimes considered to be crossing the border. For example concerning the acts of terrorism, any person who engages in or carries out acts of terrorism commits an offence and is liable to imprisonment for life^49(*). The Penal Code Act also punishes the act of smuggling whereby it provides that any person who export or imports any goods from or into Uganda, in any manner by which he or she evades the control of customs over such exportation or importation, commits the offence of smuggling and is liable on conviction to a term of imprisonment of not less than three years and not more than fourteen years^50(*) (...). This shows that EAC Partner States condemn cross border crimes in their positive laws.

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

Peace and security has been acknowledged as a critical to creation of the right environment upon which regional integration in all aspects can be fostered. The EAC joint meeting of the sectorial councils on cooperation in defense, Inter-state security and foreign policy coordination adopted the protocol on peace and security and the EAC Conflict Prevention, Management and Resolution (CPMR) mechanism during a four day meeting in Arusha.

* ⁴⁶ Case RP 0099/11/HC/Mus

* ⁴⁷ Rwandan penal code book II, art.272

* ⁴⁸ Case RP 0026/2010/TGI/ RBV, The prosecutor Vs Mateso Daniel

* ⁴⁹ The Penal Code Act, Chap 120, Art, 26(1)

* ⁵⁰ The Penal Code Act, chap 120, Art.319(1)(c)