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

2.3 Theoretical perspectives

This part of the literature review provided theoretical perspective of interrelated variables in light to the research objectives by specifying relations among variables with the purpose of explaining this phenomenon.

The present study is based on the integration theory as it have been done by Sunday Kachima M. Anandi^12(*). The movement of person and goods is inevitable in undertaking these cross border activities. It is not easy to arrest all criminals who cross the border because the border is nowadays used by a big number of people from everywhere in the region. Another issue is that some goods may be legal in one country and illegal in another. Let us take an example of kanyanga a local beer which is forbidden by Rwandan law and is most used in Uganda, it sometimes crosses Gatuna border to Rwanda and most of the time the offenders are arrested by Rwandan police.

Studies conducted in West Africa by Lamine, Cisse, 2006; have shown that between 4 and 5 million ECOWAS citizen ply the highway and frontiers of the community's territory every month. The researcher agrees with Lamine because even an average of not less than 2000 people cross Gatuna border every day. This is to show that the free movement of people and goods is a facility to reinforce co-operation among states because these cross border activities are essential for ensuring peace and stability, and for promoting pertinent political and social-economic activities needed for integrating regional economies.

The aim here is to undertake a short summary of different forms and processes of regional integration in order to have a clearer picture of EAC performance in relation to its stated objectives. The process of regional integration involves joining together different economies into large economic areas for the purpose of free trade while at the same time removing all discriminatory barriers between them. This in turn creates the necessity for some degree of cooperation and coordination of policies between them. In addition, a short overview of different regional schemes will be undertaken while striving to ascertain the real motives behind their formation.

Writers like Garland (2001) have argued that crime and its control are no longer considered the sole responsibility of the state. On the contrary, the state has retreated from its claim to be the «chief provider of security» and has reconceived its response to crime «on a more dispersed, partnership basis. In this arrangement the state works through civil society and not upon it, and emphasizes proactive prevention rather than the prosecution and punishment of individuals».

2.4 Related studies

There are many researchers who have studied different aspect of cross border crimes. In this part the researcher will refer to some of the previous researchers related to this issue.

The work of Krasner compliments the researcher's findings where he states that «a State that cannot regulate what passes across its borders will not be able to control what happens within it^13(*).» This line of argument underscores the need for Rwanda and Uganda as East African Partner States to identify the challenges and tackle them to ensure effective security at the borders especially when issues that threaten border security such as money laundering, human, drug and weapon trafficking are on the increase.

Rwanda and Burundi join the East African Community in 2007 and this event was characterized by another stride when these two countries were accepted into the EAC on 18 June 2007. KIOKO argued that this calls for a modification of the laws of Rwanda starting with the constitution to comply with the requirements of the EAC.

David HAMILTON, in An East African Federation, «The Journal of Modern African Studies, state the role of the unification of EAC member states and its security concern. The researcher found that the unification is the reinforcement of the cooperation in order to find a solution together on security issues.

The law 29/2007 of 27/06/2007 authorizing the Treaty of accession of the Republic of Rwanda to the East African Community, signed in Kampala, in Uganda, on 18/June 2007, Official Gazette special,28 June 2007.

* ¹² Anadi, Sunday KACHIMA McDonald, Regional integration in Africa, the case of ECOWAS, PhD Dissertation, 2005

* ¹³ Krasner(1999), Sovereignty and Organized hypocrisy, Princeton, Princeton University Press,p.13