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

This U.N model law which is in conformity with the UN Convention against Transnational crime is an important instrument in harnessing international cooperation among the world's law enforcement agencies in the fight against transnational crime. Partner States require the incorporation of the provisions of the UN model into national legislation.

The aim of a UNODC project entitled «Development of cross-border law enforcement cooperation in East Asia» was to strengthen cross-border law enforcement cooperation to address drug trafficking, in particularly by helping to build relationships between local border officials and their counterparts on the other side of the border52(*).

Partner States legislate on U.N Model law on mutual assistance in criminal matters. The UN Model Law on Mutual Assistance, which is in conformity with the UN Convention against Transnational Crime (the Palermo Convention), is an important instrument in harnessing international cooperation among the world's law enforcement agencies, in the fight against transnational crime. It provides for assistance in relation to evidence, the identification of witnesses and the forfeiture of property.

5) implement the Protocol on combating illicit drug trafficking;

The main objective of the present goal consists on Partner State to promulgate and adopt the provisions of the EAC Protocol on combatting illicit Drug Trafficking into national legislation.

The problem of drug trafficking is the concern not only of EA region but also of the whole world. Several measures have been taken by Partner States aimed at combating this problem. The Partner States have partially complied with the requirements of the relevant International Conventions such as the UN Conventions on Psychotropic substances of 1971 and the UN Convention against Illicit Traffic in Narcotic drugs and psychotropic substances 1988, have been ratified by all member States.

The strategies taken to tackle this problem include53(*):

i. Partner States convened to conduct joint training and operations for law enforcement agencies in the region.

ii. Establish mechanism for coordination and liaison with other regional and international bodies involved in combatting illicit drug trafficking and

iii. Sensitize communities on the dangers of drug trafficking.

In conclusion, EAC Partner States improved by incorporating international other Conventions.

6) Exchange visits by security authorities;

A successful partnership can only be achieved if players develop physical contact and get to know each other. This can only be achieved by regular exchange visits to share ideas and experiences on matters of regional peace and security.

For The periodic and reciprocal visits by security Chiefs, Technical and operational Personnel, the two IGPs Gasana from Rwanda and Kayihura of Uganda held a meeting with border staff of both sides at Gatuna and Cyanika. The aim was to evaluate border security and look into matters that affect security along the borders, ranging from illegal crossing and migration.

Gasana's visit to Uganda was part of the evaluation of the implementation of the resolution adopted during the Eastern Africa Police Chiefs Cooperation Organization (EAPCCO) meeting held in Kigali in 2011. He is the current chair of the regional police body. And the visit was also a reciprocal following IGP Kayihura's recent visit to Rwanda.

About the exchange of visits there are considerable achievements as the meeting of the President of Rwanda and the President of Uganda they met and agreed that they should interact so that they look at the security along their common border. Thus, Uganda People's Defense Force (UPDF) and Rwanda Defense Forces (RDF) have signed a security agreement with the focus to maintain peace and security along their common borders. Here we add several visits between the chiefs of police and the meeting of the chiefs of immigration office. Authorities even do sometimes plan cultural sport activities.

The said reciprocal visits by security chiefs demonstrates good partnership and involves personal contact in order to enhance relationship and confidentiality exchange ideas, challenges for the mutual benefit of the parties. Regular visits help to share ideas and experiences on matters of regional peace and security.

* 52 Border control measures, www.unodc.un.or.th/law/D91

* 53 Annex IV of the Strategy for regional peace and security in East Africa; Report of the meeting of EAC experts to review the regional strategy on peace and security of 6th - 9th June 2012

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