NEW FORMS AND DIMENSIONS OF CRIMES: ORGANISED CRIMES

Jaba Shadrack, Department of Public Law, School of Law of the University of Dar es Salaam

  [Penology and Criminology]

Outline:

Definition

Features/criteria/indicators/attributes of organised crimes Types

Forms of criminal organization

Major patterns of organised crimes

Causes of organised crimes

Impacts of organised crimes

Response (National, Regional, and International)

  DEFINITION

Organised crimes

Section 2 of the Economic and Organised Crime Control Act (1984) defines organised crime as any offence or non-criminal culpable conduct which is committed in combination or from whose nature, a presumption may be raised that its commission is evidence of the existence of a criminal racket in respect of acts connected with, related to or capable of producing the offence in question.

Other definitions of organised crime

• Crimes committed for pursuit of profit and power or undue economic benefit.
• Crimes that involves more than three criminals working within structures as complex as those of a large corporation, subject to laws more tightly enforced than those of legitimate government.
  
    Organized criminal group

The UN Convention against Transnational Organized Crime (2000) under Article 2(a) refer to organised criminal group as a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offences established in accordance with this Convention, in order to obtain, directly or indirectly, a financial or other material benefit.

Other definitions of organised criminal group

• A group activities of three or more persons with hierarchical links or personal relationships which enable their leaders to earn profits or to control territories or markets, internal or foreign, by means of violence, intimidation or corruption, both in furthering criminal activity and infiltrating the legitimate economy.
• A conspiratorial enterprise pursuing profit or power through provision of illegal goods and/or services, involving systematic use of force or threat of force. (Winslow and Zhang, 2008: 430).
• Three or more persons associate for the purpose of committing more than one crime and for indefinite time.

FEATURES/CRITERIA/INDICATORS/ATTRIBUTES OF ORGANISED CRIMES

Indicators of organised crimes may be divided into two major categories; i.e. mandatory and optional.

Mandatory indicators

These are ingredients that must be established by the prosecution to prove that a person or a group of persons actually engage in organised crimes, namely;

• Collaboration of three or more people
  
• For a prolonged or indefinite period of time
  
• Committing serious criminal offences
  
• With the object of pursuing profit and power
  
  
  
  
  Optional Indicators

These are factors that may be established in alternative to cement the prosecution's position. Such criminal organization may;

• Have a specific tasks or role for each member
  
• Use some of internal discipline and control
  
• Use violence or other means suitable for intimidation
  
• Exert influence on politics, the media, law enforcers or economy by corruption or other means
  
• Organised in commercial or business-like structures
  

Other aspects;

• Involves intricate and continuing criminal conspiracies
  
• Operates beyond the lifetime of individual members
  
• It is structured to survive changes in leadership
  
• Members are subjected to immense or strict scrutiny and required to prove their worth and loyalty
  
• Involves high secrecy, willingness to commit any act for the group and intent to protect the group
  
• Have code of ethics and conduct (governed by explicit rules and regulations).
  

REFER:

• UN Draft Framework Convention against Organised Crimes, 1997
  
• The Naples Political Declaration on Organised Transnational Crimes, 1994
  
  
  
  TYPES
  

National/municipal/intra-national organised crimes

Organised criminal group within national borders

Transnational/international organised crimes

It involves criminal groups that engage in crimes across nations.

FORMS OF ORGANISED CRIMINAL ORGANIZATION

• Crime syndicate/cartel/Mafia groups
  

Refers to a gang of criminals engaged in the business of providing some forbidden services to the customers who are in need and are willing to pay handsomely for that services. E.g. Colombia, Mexico, Chile and Jamaican cocaine cartel (which supply narcotic drugs, engage in illegal prostitution and etc).

• Criminal racket
  

They are criminal groups which engage in systematic extortion or fraud under some kind of threat usually of personal injury or property, e.g. gambling racket, protection racket (demand money in exchange for protection against crimes).

• Political graft
  

Commonly in politics, where politicians form or fund or engage notorious offenders for political gains i.e. threatening voters or buying votes or exerting influence on voters.

• Criminal ring/Gang
  

These are criminal groups, local and sometime regional in nature, which engages in violent crimes such as armed robbery, burglary, rape and contract killings.

• Terrorist group
  

These are criminal organizations which commit crimes for ideological reasons, e.g. Al

Qaeda, Al Shabaab, and etc.

MAJOR PATTERNS OF ORGANISED CRIMES

Illicit drug trafficking

The UN Office on Drug and Crime (UNODC) define drug trafficking as a global (national or regional) illicit trade involving the cultivation, manufacture, distribution and sale of substances which are subject to drug prohibition laws. (Read: Article 1 and 3 of UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988)

Section 2 the Drugs and Prevention of Illicit Traffic in Drugs Act (Cap, 95) refers to the term "drug" as narcotic drugs and psychotropic substances. It goes further to explain illicit traffic in narcotic and psychotropic substance as an illegal act which involve; cultivation, production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import or export into/from Tanzania or transhipment, financing, abetting, letting out premises or harbouring persons dealing in narcotic drugs or psychotropic substances.

• Section 12 and 27 of Cap. 95, and section 148(5)(iii) of the Criminal Procedure Act (Cap. 20, as amended by Act No. 2 of 2007) list narcotic drugs or psychotropic substances as opium poppy, coca plants, coca leaves, cannabis, heroin, cocaine, mandrax, khat, mirungi, and Indian hemp. (**See the 1^st schedule to Cap. 95 for exhaustive list).
  
    People/Alien/Immigrant smuggling

In Tanzania, there is no clear definition of alien smuggling. However, there are several provisions which prohibit certain categories of people to enter Tanzania, and it bars alien to enter Tanzania without passport, permit or pass [See: sections 10-15 of the Immigration Act (Cap. 45) mention instances which amount to smuggling]. Implicitly, one may say section 15 (supra) provides for immigrant smuggling.

Internationally, Article 3(a) of the Protocol
against the Smuggling of Migrants by Land, Sea and Air (2000) define smuggling of migrants as the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident.

Essentially, illegal entry means;

• Crossing borders without complying with the necessary requirements for legal entry into the receiving state
• Crossing borders by using fraudulent/forged/fake/counterfeit travel or identity documents (permit, passport, pass).
• Clandestine/secret entry into the receiving state
  
    Money laundering

Under section 71(3)(a)(b) of the Proceeds of Crime Act (1991) provides that the offence of money laundering is committed where a person receives, possesses, conceals, disposes of, brings into or removes from the United Republic, any money or other property which is the proceeds of crime, while he knows or ought to know or to have known that the money or other property is or was derived or realised, directly or indirectly, from some form of unlawful activity.

The above position has been refined (though not repealed) by section 3 of Anti-money Laundering Act (2006) which define money laundering as an engagement of a person/s, direct or indirectly in conversion, transfer, concealment, disguising, use or acquisition of money or property known to be of illicit origin and in which such engagement intends to avoids the legal consequences of such action.

On the other hand, the INTERPOL conceptualise money laundering as any act or attempted act to conceal or disguise the identity of illegally obtained proceeds (of crime) so that they appear to have originated from legitimate source. The laundered money or property may be deposited in offshore bank (especially Swiss banks), structured thus deposited in several accounts, transferring cash to shell companies and trust, payment of black salaries and sometimes purchasing real estate with illegal money.

However, the definition of money laundering has been expanded or widened (though not universally accepted) to include legally obtained money or property (legal proceeds) to support illicit or illegal dealings such as terrorism or crime. It should be borne in mind that money laundering is a derivative offence defined within predicate offences such as drug trafficking, terrorism, arms trafficking, immigrant smuggling, sexual exploitation, human trafficking, corrupt practices, human organ trafficking, poaching, tax evasion, illegal fishing, environmental crimes and etc.

Predicate offence means any offence as a result of which proceeds have been generated that may become the subject of money laundering.

Financial fraud/white-collar crimes

Financial crimes cover a wide range of criminal offences committed by professionals which have major impact on banking and financial sectors.  According to Prof. E.H. Sutherland, these are crime committed by a person of respectability and high social status in the course of his occupation. This may be exemplified by cheque fraud, credit card fraud, mortgage fraud, medical fraud, corporate fraud, securities fraud (insider trading/dealing), bank fraud, payment (point of sale) fraud, health care fraud), scams or confidence tricks, tax evasion, airport scam, odometer fraud, pyramid, forgery, land fraud, price fixing, bankruptcy fraud, hoarding of money and commodities, speculative business, computer fraud, lottery fraud, copyright infringement, Nigerian letters (West African Investment scams), ponzi, bribery, embezzlement, identity theft, racketeering, larceny, currency schemes, kickbacks, blackmail, money laundering, and forgery and counterfeiting
money and consumer goods, and etc.

In short, financial fraud/while-colour crime is a form of frauds committed by business and government professionals. According to FBI, they tend to destroy companies, impoverish families by wiping out their life savings, or cost investors billions of monies.

• The case of B.L. Madoff, and Enron's case in the US; EPA
  Scandal in Tanzania
• The First Schedule (Economic offences) to The Economic and Organised Crime Control Act, Cap. 200.
  
• The Bank of Tanzania Act, 2006
  
• CHAP. XIX and XXXIII of the Penal Code, Cap. 16
  
• The Banking and Financial Institutions Act, 2006
  
  
  
    Counterfeit currency 

Chapter XXXVIII of the Penal Code (Cap. 16), especially section 353 (see also sections 348 and 352A) does not define 'counterfeit currency' but 'counterfeit coin' which entails coin not genuine but resembling or apparently intended to resemble or pass for genuine coin; and includes genuine coin prepared or altered so as to pass for coin of a higher denomination. Alternatively, counterfeiting
currency is a form of financial fraud or forgery that involves production of currencies (banknotes or coins) without being authorized by the central bank of a respective country. Usually, counterfeited money resembles some official form of currency and may be confused for genuine currency.

Ref: The International Convention for the Suppression of Counterfeiting Currency (1929)

Illegal prostitution/sex trafficking/sexual slavery

This is a form or type of human trafficking which involve the recruitment, transportation, transfer, harbor or receipt of persons by coercive or abusive means for the purpose of (commercial) sexual exploitation. This may be achieved by;

1. Use of force: Involves kidnapping young girls and women, thus confining them in secretly run brothels or forcing them to work in casinos, night clubs, streets or paramilitary/insurgent camps.
2. Deceit: women/girls are smuggled into a foreign country or lured to move into big cities for a promise of good life and better jobs. Afterwards, traffickers confiscate their travel documents and sell them in brothels or force them into prostitution/sex workers.

Illegal prostitution covers a wide range of sexual related offences, such as child prostitution, child pornography, child sex tourism, and etc.

NB: see, Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (2002); Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (1949/1951); Protocol To Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (2000); Sections 3 and 4(1)(a)-(g) of the Anti-Trafficking in Persons Act (2008); and Sections 138B(1)(a)-(f), 139(1)(a)-(f), and 143(1)(2) of the Penal Code (Cap. 16) .

Contract killings/assassination

For career criminal groups (hit man), habitually get engaged by individuals, companies or sometimes state agencies to commit murder out of personal feud or vengeance for a considerable amount of money. This kind of engagement is known as contract killing. In another way, contract killing is a form of murder (out of illegal agreement) in which one party hires another party to kill or assassinate another person or group of people in exchange for money.

E.g. The gang 'Murder Inc. (US) committed hundreds of murders in the 1920s – 1940s on behalf of the National Crime Syndicate. (Source: Wikipedia).

Intellectual property crimes/theft

It is a crime committed by organised groups working secretly or undercover which involve unlocking technologies and thus manufacture goods or offer services in violation of copyrights, patents, trade secrets, trade and service marks. FBI describes intellectual property crime as a form of theft which robs peoples' ideas, inventions, and creative expressions.

Briefly, this is a crime which involves counterfeiting and pirating of goods such as digital media (software and games), fashion wears, medicine, electrical items, automotive parts, writings, movies, music, and etc.

• Sections 3-6, and 10 (forged Trade Marks) of the Merchandise Marks Act, Cap. 85.
  
• Sections 367, and 368 of the Penal Code, Cap. 16.
  
• The Copyright and Neighbouring Rights Act, 1999
  
• The Patent Act, 1987
  
• The Trade and Service Marks Act, 1986
  
• Also: Berne convention, Brussels Convention, Madrid Agreement (and protocol), Nairobi Treaty, Paris Convention, Rome Convention, Lisbon Agreement, Locarno agreement, Nice agreement, Strasbourg Agreement, Maputo agreement and etc. (**Please, visit the WIPO
  website for a comprehensive list).
  
  
  
  Maritime piracy
  

The term piracy is defined under Article 101(a)(b) of the UN Convention on the Law of the Sea (1982) as; first, any illegal acts of violence, detention or depredation committed for private ends by the crew or the passengers of a private ship or a private aircraft against another ship or aircraft, or against persons or property on board such ship or aircraft in high seas; or against a ship, aircraft, persons or property in a place outside the jurisdiction of any State. Second, any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft.

The above position is reiterated under sections 6 and 66 of the Penal Code (Cap. 16) as amended by section 19 of the Written Laws (Miscellaneous Amendments) Act, No. 2 of 2010. A vivid example of organized pirate group is Al Shabaab which attack vessels in the Indian Ocean (especially, the Somali Basin, and Gulf of Aden).

Trafficking in Persons/Human Trafficking/Modern-day Slavery

The Penal Code (Cap. 16) under section 139A(1)(a) define trafficking of person as an act of buying, selling or bartering of any person for money or for any other consideration. The specific law on human trafficking in Tanzania is
the Anti-Trafficking in Persons Act (2008) which under section 4(1)(a)-(g) list instances or situations in which a person/s commit 'acts of trafficking in persons'. A comprehensive definition is adopted by Article 3(a)-(c) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000) which define trafficking in persons as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. [See also section 139A(1)(a)(b) of Cap. 16).

Article 3 provides further that consent of a trafficked person/s is irrelevant to the intended exploitation where force or fraudulent means have been used to convince the victim. Besides, recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation amount to trafficking in persons even if it does not involve forceful or fraudulent means.

The above definition covers three (3) major elements;

The Act

It involves recruitment, transportation, transfer, harbouring or receipt of a trafficked person/s.

The means

Refers to ways/methods traffickers use to get their victim i.e. threat, use of force, coercion, abduction, fraud, deception, abuse of power or of a position of vulnerability, giving or receiving of payments or benefits to achieve the consent of a person having control over another person.

The purpose of Trafficking

The end result of trafficking in persons is to exploit them i.e. exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.

Human Trafficking v/s Migrant smuggling

• Migrant smuggling involves consent of illegal immigrant, while victim of human trafficking may have never consented or their consent has been vitiated due to the use of force, abusive action or deceit.
• Exploitation of smuggled immigrant ends with the migrant's arrival at their destination, whereas human trafficking involves indefinite exploitation of the victim.
• Migrant smuggling is always transnational, while human trafficking may either be a national or transnational venture.
• In migrant smuggling, profit is derived from assisting illegal entry or stay of a person in another country, while in human trafficking, profit is derived daily exploitation of a trafficked person/s.
  
    Trafficking in human organs

At international level, there are several instruments which endeavour to explain trafficking in human organs.

The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000) under Article 3(a) defines human trafficking which essentially envisages trading in human organs also. The said provision provides, inter alia, that trafficking for organs occurs where a person/s recruits, transport, transfers, harbours or receive a person/s by the use of threats, force, coercion, abduction, fraud, deception, or abuse of authority or a position of vulnerability for the purpose of removing that person organ/s. The above position is reiterated under Section 4(1)(g)(i) of the Anti-Trafficking in Persons Act (2008).

Unfortunately, the above definition is not wider enough to cover all circumstances within which organ trafficking occurs. Technically, the offence of organ trafficking may be committed in one or in combination of the following ways;

• Traffickers force or deceive the victims into giving up organs.
• Victims are treated for an ailment, thereupon their organs are removed without the victim's knowledge or consent.
• Victims give up their organs but traffickers fail to pay them, or pay less than the agreed amount.

In most cases, victims (donors) of organ trafficking are migrant workers, destitute (homeless persons), illiterate persons, children and women. In short, this is an illegal or illicit trade involving stealing and selling of human organs (such as kidney, liver, lung, heart) for transplantation at the black market. It is an offence which involves recruiter, transporter, buyers and staff of the hospital/medical centre/organ banks/medical professionals. Some scholars argue that human organ trafficking is mainly trading in kidneys because removal of virtually all other organs requires the victim to be killed which is very rare. Further, it is a removal of organs rather than human tissues such as blood and corneas. Fundamentally, the offence of trafficking in human organs has two dimensions; first, trafficking in organs, tissues and cell; and secondly trafficking in human beings for the purpose of the removal of organs.

REFER:

• Article 3(1)(b) of the Optional Protocol on the sale of Children, Child Prostitution, Child Pornography (2000). It bars sale of children for the purpose of transferring their organs for profit.
• Guiding principle 5 of the W.H.O – The Guiding Principles on Human Organ Transplantation (1991). Provides that commercialization of human organs is violation of human rights and dignity.
• Article 22 of An Additional Protocol to the European Convention on Human Rights and Biomedicine Concerning Transplantation of Organs and Tissues of Human origin (2002).
  It prohibits organ and tissues trafficking deriving financial gain or comparative advantage from the human body and its parts.
  
  
  Corruption (and, Embezzlement)
  

The Prevention and Combating of Corruption Act
(2007, Cap. 329) like many other Statutes does not have a straight definition on corruption. However, section 15-34, and 28(1) of the said Act has enumerated circumstances (or 'offences') which constitute an act of corruption. In contrast, the Black's Law Dictionary (8^th Ed., 1999) define corruption as depravity, perversion, or taint, impairment of integrity, virtue or moral principles especially impairment of a public official's duties by bribery, or the act of doing something with intent to give some advantage inconsistent with official duty and rights of others; fiduciary or an official's use of station or office to procure some benefit either personally or for someone else, contrary to the rights of others. From the above approach, one may conclude that corruption is an act or omission intending to obtain unfair advantage and the abrogating of the rightful person's entitlement. (See, Longopa: 2008). Dr. G.E. Hoseah (PCCB) divides corruption in three (3) major classes;

• Petty Corruption (small scale): form of corruption used in all social delivery services; e.g. bribery, kickbacks, favouritism/Cronyism/Nepotism and etc.
• Grand Corruption (medium scale): form of corruption found in big government contracts such as construction industry, tendering and procurement.
• Psychotic/State Capture Corruption (large scale): form of corruption among top officials of the government which tend to suffocate or mortgage the national resources and turn them into personal foreign accounts, e.g. Mobutu, Abacha, Doe and etc.

REFER:

• UNODC (2005) Compendium of International Legal Instruments on Corruption, 2^nd Ed, New York. (Read; the UN Convention against Corruption (UNCAC), 2003; the AU Convention on Preventing and Combating Corruption, 2003; and the SADC Protocol on Corruption, Blantyre – 2001).
  
  
  
  Wildlife and forest crimes/Trafficking in wildlife/Environmental Crimes
  

Referred to as taking, trading (supplying, selling, trafficking), importing, exporting, processing, possessing, obtaining and consumption of wild flora and fauna in contravention of national or international law; e.g. poaching, illegal pollution, illegal fishing and etc. In other words, this is illegal (or illicit) trading (or dealing) in wildlife (or biodiversity). It is a wider offence which covers even environmental pollution.

REFER

• Section 188 of the Environmental Management Act, 2004.
  
• Rule 14 (First Schedule) of the Economic and Organised Crime Control Act, Cap. 200.
  
• The Penal Code (Cap. 16).
  
• Wildlife Conservation Act, 2009.
  
• Fisheries Act, Cap. 279
  
• Marine Parks and Reserves Act, Cap. 146
  
• Water Resources Management Act, 2009
  
• Wildlife Policy, 2007
  
• Environmental policy, 1997
  
• Convention on International Trade of Endangered Species of Flora and Fauna, 1973.
  
• Convention on Biological Diversity, 1992
  
• Kyoto and Cartagena Protocol respectively
  
• Convention on the Protection of the Environment through Criminal Law, 1998 (Council for Europe).
  
• Convention Concerning the Protection of the World Cultural and Natural Heritage, 1972.
  
  
  Cybercrimes
  

The INTERPOL refer to cybercrime as any criminal activity involving computers and networks i.e. criminal trespass into remote systems. It includes attacks against computer data and systems, identity theft, internet auction fraud, deployment of viruses, botnets, e-mail scams (phishing) internet terrorism, online drug sell, online gambling, and etc. Generally, there is no law governing cybercrime, save for the Electronic and Postal Communications Act (2010) which somehow have some aspects on computer communication. The same problem is also experienced at the international level, where only the Council for Europe has managed to lay down the Convention on Cybercrime of 2001.

Forms of cybercrimes

• Cyber stalking: threat to assault by using e-mails, E-phones, E-video calls, and etc.
  
• Cyber contraband: transfer of illegal items through the internet, e.g. defaming documents or photos
  
• Cyber terrorism: politically motivated terror or violence against citizens via computer technology.
  
• Cyber laundering: electronic transfer of illegally obtained money
  
• Cyber theft: using computers to steal (e.g. espionage/spying/stealing secrets, plagiarism, hacking, computer-based fraud, identity theft and etc…..using spywares).
  
• 
  
  Cyber vandalism: destroying or damaging other computer's data rather than stealing them or misusing them. It involves sending viruses, malwares and etc.
• Cyber trespass: accessing a computer or network resources without permission from the owner.
  
• Advertising or soliciting illegal prostitution or child pornography through internet, e.g. the Utamu (blog) scandal.
  
  
  
  
    Pharmaceutical crime

This is a crime which involves manufacture, trade and, or distribution of counterfeit, stolen and illicit medicines and, or medical devices. It covers also trading in medicines with falsified documents or without a licence. E.g. supply of fake or expired drugs/medicines or medical equipments.

REFER:

• Sections 28 and 29 of The Pharmaceutical and Poisons Act, Cap. 219.
  
• Sections 182 and 183 of the Penal Code, Cap. 16.
  
• The Pharmacy Act, Cap. 311 (2002).
  
• NB: there is no specific international legal instrument on Pharmaceutical crime.
  
  
  
  Terrorism
  

Section 4(2)-(4) of the Prevention of Terrorism Act (2002) define terrorism to include, inter alia, violent acts which tend to damage, intimidate the population, kidnap individuals, disturb services. Understandably, one may refer to terrorism as any violent act/s which intends to create fear (terror) perpetuated for ideological reasons and deliberately target or disregard civilians or non-combatants. E.g. Political terrorism, Social revolutionary terrorism, Nationalist terrorism (ANC during Boer regime in South Africa), Religious extremist terrorism (Boko haram, Al Qaeda, Al Shabaab and etc), State-sponsored terrorism (Taliban against the Soviet Union, Janjaweed in Sudan), Criminal terrorism, Right-wing terrorism, Left-wing terrorism and etc.

REFER:

• Convention against Taking of hostages, 1979
  
• Convention for Suppression of Terrorist Bombings, 1997
  
• Convention for the Suppression of the Financing of Terrorism, 1999
  
• Convention for the Suppression of Acts of Nuclear Terrorism, 2005
  
  
  
  
  
    Arms trafficking

This is an illegal smuggling or selling of weapons or ammunition (without a licence or in violation of a licence) at a black market.

REFER:

• Arms and Ammunition Act, Cap. 223
  
• Armaments Control Act, Cap. 246
  
• Explosives Act, Cap. 45
  
• O.A.S Convention on Illicit Arms Trafficking, 1997
  
• Bamako on Illicit Proliferation, Circulation and trafficking of Small Arms and Light Weapons, 2000
  
• The Protocol against the Illicit manufacturing of and Trafficking of Firearms, their Parts, Components and Ammunition, UNGA (2001)
  
• Protocol on the Control of Firearms, Ammunition and other Related Materials in the SADC Region, 2004.
  
• Nairobi Declaration on Proliferation of Illicit Arms (Great Lake Region and Horn of Africa), 2000.
  
  
  
  
  
    CAUSES OF ORGANISED CRIMES

Refer to the general cause/s of crimes generally such as;

• Poverty (strain theory)
  
• Seek for Power and Influence
  
• Religious
  beliefs
• Family background
  
• Rational choice
  
• Social disorganization
  
• Labeling theory
  
  
  
  
  
    IMPACTS OF ORGANISED CRIMES

Show specific impact/s of crimes such as;

• Bring drugs into cities
  
• Raise of the level of violence
  
• Insecurity
  
• Death (due to killings, drug abuse, supply and use of fake medicines)
  
• Decay of public morals and spread of diseases
  
• Illegal immigration
  
• Manipulate and monopolize stock exchange
  
• Sexual harassment and abuse of women
  
• Illegal enrichment (according to FBI, the global organised criminals reap unfair profits of around one (1) Trillion US dollars per year).
  
• Extinction of flora and fauna (biodiversity), and etc
  
  
  
  
    RESPONSE (NATIONAL, REGIONAL, AND INTERNATIONAL)
  
  
  
  
  At the National level:
  
  • Use of electronic surveillance (e.g. CCTV) to combat human smuggling and transnational human, drug and arms trafficking
    
  • Criminalization of organised crimes
    
  • Asset seizure and confiscation (if illegally enriched)
    
  • Effective law enforcement and adopt special means of investigation
    
  • Use of undercover agents or disguised police
    
  • To have laws on witness protection
    
  • Controlled delivery of drugs and destruction
    
  • To run community awareness programmes (through mass media)
    
    
    
    
    At international/Regional level:
    
    
    
    
  • Ratification and domestication of international legal instruments and standards
    
  • International cooperation (pursuit of fugitive offenders and extradition)
    
  • UN Office on Drug and crimes
    
  • Interpol
    
  ………………………………………….