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

1.7 Research questions

The researcher based his research of the following questions:

1. 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?

2. 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.

3. Despite their willingness to cooperate, what is the quality of the said cooperation of EAC member state in security matters?

4. 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?

1.8 Hypothesis

The researcher commenced on the research with the following hypothesis

There is no significant relationship between legal mechanism of EAC Treaties and the fight against cross border crimes.

There is no significant relationship between cross border crimes and current cooperation of EAC member States.

1.9 Scope of the study

Geographical scope

This study was conducted in Rwanda, especially at Gatuna in Kigali, because it was easy to access different offices such as; the Ministry of East Africa, Ministry of internal security and the Police Headquarters in Kigali.

Theoretical scope

The cooperation of EAC member states to prevent cross border crimes was measured by the knowledge for stabilizing the region. Once countries concerned strengthened their effort, there is a guarantee that this cooperation will be successful to fight against crimes in the interest of all members. The present study will be based on the different measures to be taken by Partner states to fight against crimes that cross the border of Gatuna as one of the East African border. However, it will describe the level of (IV) co-operation of East African member States in terms of conceptual skills.

1.10 Significance of the study

Considering the types and the number of crimes that happen across the border of Gatuna, the study is expected to demonstrate the attitudes and the measures of EAC Partner States to harmonize the region. Furthermore, it will create an opportunity to highlight what each country, and civil society shall benefit from it. This study is also expected to offer scholars including researchers, the real advantages of cooperation in fighting cross border crimes.

1.11 Operational definitions of key terms

The following terms have been defined in the context of this research, as follows:

Treaty: according to the Article 2 of the Vienna Convention on the Law of Treaty, a Treaty means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.

Border: line dividing two areas, a line that officially separates two countries or regions, or the land on each side of it. Paradoxically, borders serving as the line that links and at the same time separates one country from the other could be a source of benefit and of detriment to a state depending on the extent to which they are secured.

Crime: according to Encarta dictionaries (2004) crime means an illegal act, an action prohibited by law or a failure to act as required by law. It is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction.

Trans-border crime" refers to all crimes organized or perpetrated by individuals, organizations or networks of local and/or foreign criminals operating beyond the national boundaries of a Member State, or acting in complicity with associates based in one or several States adjoining the country where the crimes are actually committed or having any connection with any Member State;

Co-operation includes any undertaking by the Partner States, jointly or in concert, of activities undertaken in furtherance of the objectives of the Community, as provided for under the Treaty or under any contract or agreement made under the Treaty or in relation to the objectives of the Community;

Customs area" means that area licenced by a competent authority for purposes of specific customs operations;

Customs Union" means the East African Community Customs Union established by Article 2 of the Protocol on establishment of Custom Union^6(*).

Partner States" means the Republic of Uganda, the Republic of Kenya and the United Republic of Tanzania and any other country granted membership to the Community under Article 3 of the Treaty; ( Rwanda, Burundi)

* ⁶ Protocol on the establishment of the East African Custom Union Protocol, art. 2