Cattle Rustling is a Crime
blurb:isstoday:170908cattle
17 September 2008: Cattle Rustling is a Crime
At a recent workshop in Jinja, Uganda, a participant vehemently argued that it is wrong to criminalise cattle rustling because it is a cultural practice. At another occasion a workshop participant said that it was time for the governments in Eastern Africa to provide small arms and light weapons to pastoralists so that they can fight back and protect their livelihood.
The issue whether to criminalise cattle rustling or not is the subject of much debate. While there seems to be general agreement that cattle rustling is a crime, whether it should be treated as a special type of offence or not has been a contentious issue. These differing views lead to the need for a technical definition of cattle rustling which, depending on interpretation, could have social, legal, commercial or political implications.
From a law enforcement perspective cattle rustling quite often involves a process of planning on a scale comparable to a military operation. Press reports indicate that usually cattle rustlers move in large numbers and the effect of their operations has far reaching and often devastating consequences on a scale much larger than what is occasioned by ordinary crime. It is not uncommon to find that in the process a number of other offences are committed such as arson, rape, defilement, abduction and theft, to mention but a few.
The fact that firearms are used makes the effect all the more devastating. Should a community equally equipped with firearms defend themselves against raiding warriors; the resultant damage can well be imagined. On many occasions the raiders not only outnumber the law enforcement and security units, but are at times even better equipped.
According to a recent newspaper article, a notable member of the Kenyan parliament reportedly observed that his constituents were losing livestock worth over USD 1.5million annually to rustlers. The fact that cattle rustling occurs in pastoral communities across national borders, further accords the crime a distinct characteristic. On several occasions negotiation skills had to be used to avert diplomatic rows between some of the Eastern African states related to cattle rustling. There has even been mention of bomber planes allegedly been used to pursue cattle rustlers who cross international borders.
In the Protocol on the Prevention, Combating and Eradication of Cattle Rustling in Eastern Africa, signed last month in Addis Ababa, Ethiopia, cattle rustling has been defined to mean not only the actual stealing but also the ‘planning, organising, attempting, aiding or abetting the stealing of livestock by any person from one country or community to another, where the theft is accompanied by dangerous weapons and or violence.’ It is interesting to note in the definition the word ‘livestock’ rather than ‘cattle’ is used. The reason advanced is that should cattle rustlers fail to capture any cattle, they resort to any livestock available. This explains the importance of defining ‘livestock’ in the protocol. It does mean that a ‘cattle rustler’ may be charged of cattle rustling even if no cattle were rustled!
Without necessarily condoning the traditional practice, it is clear that the current situation of cattle rustling is different to what it was in the past. The increased social decadence among the youth, many of whom are idle and unemployed, together with a lack of education and increased poverty are ‘modern’ developments and aggravate the situation. Porous borders of a modern African state and infiltration of small arms amongst pastoral communities has equally led to the metamorphosis of cattle rustling to become a much greater threat to human security.
Today, the frequency of cattle raids, the number of animals stolen at any one time, the levels of violence and loss of life are such that the phenomenon has little resemblance with its cultural roots. Thus it is argued that a combination of all these factors qualifies cattle rustling in a class of its own, easily distinguishable from related crimes such as theft or robbery. It is this distinction that led to the development of the Protocol on Cattle Rustling to ensure that the special characteristics of the offence are specifically addressed in a holistic manner.
Erasmus Twaruhukwa, Senior Legal Advisor, Mifugo Programme, ISS Nairobi
