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

CHAPTER Two

2.1 Review of related literature

2.2 Concepts, opinions, ideas from Authors

In the present chapter the researcher discusses the literature review and related studies in connection to the variables.

The present chapter considers the review of related literature to the study. It outlines the conceptual frame and the related literature by looking at (i) factors of cross border crimes, (ii) Provisions of EAC Treaties and Protocols (iii) mechanism adopted by States member in fighting against those crimes through cooperation especially those passing through Gatuna border.

A border in the technical sense implies an area or region closer to a boundary^7(*). As popularized in Anglo American literature it refers more commonly to the boundaries between politically sovereign territorial entities^8(*). In this perspective, it is viewed in terms of the main line that demarcates one country from the other. As such, they define geographical boundaries and legal jurisdiction of political entities such as sovereign states, federated state, governments and sub national entities. In Africa, the existence of linear boundaries is linked to the Berlin conference of 1884-1885 where the European imperialist (Britain, France, Germany, Spain and Portugal) decided to divide African space between themselves as their sphere of influence^9(*).

Legally, as defined by Sampson and Laub 1993; crimes usually are defined as acts or omissions forbidden by law that can be punished by imprisonment and/or fine. Here we understand cross border crime constitutes one among crimes which punishable by the society where it was committed. The researcher also agrees with the author because punishment is a prevention of the crime and when criminal individual or groups are punished it makes a better society in the future.

The work of Gottfredson and Hirsch (1990), for example, suggests that crime is of a consensual nature given that everyone has the potential to break rules and that those who transgress the law make a rational choice to do so (based on the need for excitement, risk taking, or immediate satisfaction). In this instance the law necessarily differentiates appropriate from illegal behavior.

In summary the study about regional cooperation against cross border crimes is any more considered new as for example it have been discussed by Anadi Sunday KACHIMA McDonald of Nigeria in his Thesis entitled « Regional integration in Africa, the case of ECOWAS^10(*)» where he states that ECOWAS mandate was to promote cooperation and development in economic, social and cultural activities and indeed in all fields of human endeavor, to raise the standard of living of the peoples of the region, expand and maintain economic growth and stability as well as coordinate better relations among member states and generally contribute meaningfully to the development of Africa.

Meanwhile, Mike Porter^11(*), argued that cross border crime is characterized by an offender crossing a police force boundary to perpetrate a crime or commit an offence in such a way as to require the police to cross boundaries to investigate it. The public rely on it is to stop dangerous people from entering the country, prevent illicit, dangerous goods, such as drugs and weapons from reaching their communities and take effective action against those that break rules. The researcher notes that the whenever a an offender crosses the border to another country this may result of insecurity not only in the country he/ she is from but also in the entire region and the solution is the investigation of the police and the security personnel.

Egger (1990) identifies a number of factors relevant to the investigation of cross border crime. He argues that the fundamental problem is the lack of sharing of information and personal networking between law enforcement officers and their agencies. This statement of Egger is true in a way that in most of cases the institutions in charge of preventing illicit cross border movement still lacking information equipment. For this statement, there is complementarity with the researcher's findings to emphasize the importance of sharing information among Partner States and exchange of visits and training by security authorities together with security personnel

Furthermore, various legal instruments have provided about cross border crimes, in other words, East African Treaties and Protocols are against those cross border crimes.

* ⁷ Prof. Ian BROWNLIE:A legal and diplomatic encyclopedia, London, C. Hurst, 1979,p.3

* ⁸ Asiwaju(2004): Ethics Relations across Africa's International Boundaries,1884-1984 C.Hurst and company, London, University of Lagos Press, Lagos Nigeria, pp252-259

* ⁹ Margaret Mansa Sosuh (2011), Border security in Ghana: Challenges and Prospects, Occasional Paper no 32, p.6

* ¹⁰ Anadi, Sunday Kachima McDonald, Regional integration in Africa,the case of Ecowas, 2005

* ¹¹ Mike Poter, Tackling Cross Border Crime, 1996