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

9) Formulate security measures to combat terrorism;

The EAC needs to formulate security measures to fight against terrorism after the Kenya, Tanzania US Embassies and the bombing attack in Kampala on 11^th July. These terror bombing are a reminder that the region needs to enhance the capacity for all Partner States and stakeholders in managing migration while particularly exercising caution and security vigilance in the implementation of free movement principles under EAC Common Market Protocol dispensation. All countries within the region are making efforts in terms of human and non-human resources to enhance institutional capacity to combat terrorism. However, countries within the region may not be moving at the same pace and there is a very high possibility of duplicate of the resources, which could otherwise be shared. There is urgent need to enhance capacity in the region.

EAC Partner States need an increased solidarity to fight terrorism and other forms of cross border crimes as the region enters the implementation phase of the Common Market^57(*). It is upon Partner States to strengthen their cooperation between them on counter terrorism initiatives within the EAC region and with other regional and international bodies. EAC Partner States need to develop capacity to combat terrorism in all its forms, develop standing operation procedure on counter terrorism exchange studies, research and expertise on terrorism and this will be helpful on behalf of Gatuna custom offices in terms of preventing terrorists to cross Gatuna border entering any other country of the Community. On the infiltration at border crossings, terrorists have taken advantage of the porous border crossings to enter other countries. It is important to find means to control borders and secure them better, for example by harmonizing biometric data on passports, visas, cards, etc.

About the establishment of the counterterrorism mandate, the three EAC founding heads of States namely Kenya, Uganda and Tanzania, agreed in 1999 memorandum of understanding to set up a mechanism to deal with terrorism in the region.

Furthermore, the EAC created a terrorism and counterterrorism task force to study the national, regional and international legal framework relating to counterterrorism and the protection of human rights in the region.

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

The international instruments require states parties to adopt such legislative measures as may be necessary to control possession and use of small arms, regulate manufacturing, trade and transfers, and measures to prohibit illicit trafficking.

The African Union adopted Strategy on the Control of Illicit Proliferation, Circulation and Trafficking of Small Arms and Light Weapons to strengthen coordination and cooperation between and among all implementing regional bodies with the objective of improving implementation at national, regional and continental levels.

The overall objective of this Strategy is to prevent, combat and eradicate the illicit proliferation, circulation and trafficking of small arms and light weapons in an integrated and holistic manner across all regions of Africa^58(*).

The EAC strategies on harmonization of law relating to small arms are to develop guidelines for formulation and review legislation and conduct workshops and trainings on new legislation and regulations in regards to small arms and light weapons.

There is also a need for harmonizing the law to promote legal uniformity and set minimum standard to govern trade, transfers, manufactures and other illicit activity. This will facilitate inter-state action to combat illegal activity between Partner States and that is why Ministers for Foreign Affairs of the countries of the Great Lakes Region and the Horn of Africa namely Burundi, Democratic Republic of Congo, Djibouti, Ethiopia, Eritrea, Kenya, Rwanda, Sudan, Uganda and United Republic of Tanzania held a meeting at Nairobi also known as The Nairobi Declaration on the Problem of the Proliferation of Illicit Small Arms and Light Weapons in the Great Lakes Region and the Horn of Africa 15 March 2000^59(*).

Finally, The proliferation of light weapons and illicit arms trafficking do not in themselves cause the conflicts and criminal activities in which they are used, the wide availability, accumulation and illicit flows of such weapons tend to escalate conflicts; undermine peace agreements; intensify violence and impact on crime; impede economic and social development; and hinder the development of social stability, democracy and good governance.

* ⁵⁷ Anaclet KALIBATA, Director General Immigration and Emigration Republic of Rwanda in his remark in the meeting of the chiefs of immigration of EAC, 27^th-28^th,July 2010, Kampala-Uganda

* ⁵⁸ African Union, African Union strategy on the control of illicit proliferation, circulation and trafficking of small arms and light weapons, Lome, Togo, September,2011

* ⁵⁹ The Nairobi Declaration on the problem of the Proliferation of Illicit Small Arms and Light Weapons in the Great Lakes Region and the Horn of Africa, 15 March,2000, www.recsasec.org/pdf/Nairobi , accessed on 13^th August,2012