ISS Today 11 Feb: A unique Protocol on Cattle Rustling in Eastern Africa

Over the past decade the problem of cattle rustling has continued to dominate much of the discourse on human security in many parts of Eastern Africa. The debate has often focused on increased livestock theft in the sub-region and the related indicator of the proliferation of small arms and light weapons. By extension, focused attention has also been given to increased violent conflicts amongst affected communities. Even though research findings have continued to subscribe solutions, livestock theft has continued unabated, leaving no doubt that a paradigm shift in the approach to addressing the problem is most desirable. The “Protocol for the Prevention, Combating and Eradication of Cattle Rustling in Eastern Africa” promises a sustainable approach to this old-age problem.

The Institute for Security Studies (ISS) has established the Mifugo Programme at the Nairobi Office, to support the implementation process of the Protocol. The implementing states are Ethiopia, Kenya, Sudan, Tanzania and Uganda. The Protocol will be implemented in partnership with Eastern Africa Police Chiefs Cooperation Organization (EAPPCO) which is the sub-regional Interpol Office working with national police to identify, track and prevent cross-border crime.

Mifugo is the Swahili word for livestock and represents the cattle, sheep, goats, horses and other domestic animals that get stolen during livestock theft incidents. The relevance of the phrase Mifugo stems from the fact that Kiswahili is commonly spoken in Eastern Africa. Adopting a Swahili phrase for the Programme within Eastern Africa provides some sense of identity and ownership of the implementation process of the Protocol. The Protocol was approved at the 9th EAPCCO Annual General Meeting held in August 2007 at Bujumbura, Burundi. Currently national discussions and consultations are continuing while waiting for the adoption, signing and eventual ratification of the Protocol by the implementing EAPCCO Member States.

Several opportunities will nurture the implementation process of the Protocol. One such opportunity lies in the fact that livestock theft has continued to pose challenges to human security in Eastern Africa particularly due to issues such as; small arms proliferation, banditry, cross-border crime, commercialized livestock theft, under-development and poverty amongst the population. To a large extent, the legal framework introduced by the Protocol will serve as deterrent to the practice. Through branding, marking and record keeping, aggressors who perpetrate livestock theft will be traced within the national and sub-regional borders.

Secondly, both ISS and EAPCCO have unique attributes and technical expertise that is relevant to the implementation process. While ISS brings research, legal, training and community outreach expertise, EAPCCO has a well established police network and an institutional and legal mandate within the implementing states. Indeed, the Mifugo Protocol provides clear evidence of a long established collaboration between the two institutions through EAPCCO’s Legal Sub-committee and the Arms Management Programme (AMP) of the ISS. These two organs jointly drafted and developed the Mifugo Protocol to its current status.

Research findings available from different academic and research institutions, civil society organizations and other actors reflect a deep understanding and knowledge of the problem of livestock theft. However, in spite of the available information on what needs to be done, the problem of livestock theft appears to be a perennial one and has continued unabated.

The Mifugo Protocol presents a unique legal approach towards addressing the problem. In this respect, the Protocol will provide legal status to traditional mechanisms of addressing livestock theft, particularly branding, marking and record keeping. The implementation process of the Protocol will integrate some of these approaches in pursuant to; legislative measures, mutual legal assistance, public education, and awareness programmes. Measures to enhance law enforcement will also be incorporated through harmonization and domestication in due course of the ratification process.

While the Protocol presents prospective opportunities towards addressing both the problem of livestock theft and small arms proliferation, several challenges are anticipated along the way. First, the unpredictability of political instability in the Horn of Africa countries poses a huge challenge that is likely to slow down the implementation process, the current political crisis in Kenya being a particular case in point.

Secondly, the red-tape bureaucracy that is characteristic of most governments in the sub-region is likely to pose some challenges relating to lack of uniformity in the implementation process. One possible scenario is that some states will make good progress, while others lag behind. This could affect the setting of specific timeframes in the implementation process.

Despite the potential challenges, the Mifugo Protocol implementation, domestication and ratification process offers one possible spring-board towards sustainable peace, stability and human security within Eastern Africa.

Augusta Muchai, Programme Head: Mifugo, ISS Nairobi