Many people watched in amazement recently as a group of Samburu elders defiantly claimed that female genital mutilation would not stop, and that even if it was against the law the government had not consulted them before passing that law.
Further,
it was categorically stated that in this community, children born to
mothers who have not undergone the torture are usually killed.
Infanticide therefore awaits any young woman who refuses to be
mutilated.
It is tempting to ignore cultural problems
in society. After all, there will not be enough prisons in which to lock
up both the parents who marry off their children and the wretched old
men to whom they are married off.
As
for those who kill children born to uncircumcised mothers, the hang man
at Kamiti has not dispatched anyone in twenty years, I hear, so even
that is not an option.
One is strongly tempted to blame
government as the public often does on social media, but that would be
the least suitable way to deal with a disconnect between culture and the
law.
The government, though the Constitution and the
Children’s Act, recognises parents as the primary custodians of Kenyan
children and their rights. Yet parents, whether we like it or not, do
not only safeguard children, but also pass on a value system to them.
So
when the Constitution and culture are in conflict, with the result that
the constitutionally-designated judge, prosecutor and jury within the
family are all the same person or persons, it makes no sense to blame
either.
In other words, enforcing elements of law that
are embedded in culture is not innovative and does not provide useful
solutions to the problem.
How does society make the
enablers of harmful practices the very instruments of change? How can
these instruments be moulded to transmit values, beliefs and attitudes
that are progressive, not just for one group in society, but for all?
Something cries that coercion and duress are not very useful options
here.
Are there countries from which Kenya can learn
the role of cultural change, especially those that have experienced
transformational social, cultural and economic change?
UTOPIAN SOLUTIONS
Leaders
and opinion-shapers can play an important role in such change.
Unfortunately the kind of political leaders that this country chooses
will be the last to help in matters of cultural change.
Any
type of change requires leaders who have themselves stepped over
certain thresholds in the growth of consciousness as people. If the last
parliamentary session was anything to go by, elected leaders are the
last group we can look up to.
They need to be guided by
the hand over small matters, including self-control, manners and
etiquette, all indicators that they have not even began the journey to
grow their consciousness.
It becomes very disturbing
when educated, exposed people, who themselves belong to these cultures,
busy themselves in the blame game and suggest utopian solutions such as
the building of rescue centres for these girls by government.
Such
a suggestion places the responsibly for culture change on a child, as
that child will have to find a way to escape from home, which is its
natural and God-given sanctuary.
PRACTICED SECRETLY
Naturally
there have been very many commendable efforts to establish alternative
rites of passage for both boys and girls, even among the Samburu and
Pokot.
Individuals who have taken this as a
personal responsibility can only be highly commended and not condemned
for the corners they are yet to reach.
At least they
are doing something, and some girls have escaped unscathed. But clearly a
lot more still needs to be done to save girls, especially from pastoral
communities, from this age-old practice.
The problem
with applying the law in this case is that the practice will simply
leave the public eye, but continue to be practiced secretly, especially
where such practices are also dictated by religion. In fact there are
many communities in the developed world that practice circumcision
silently on their daughters.
That a group of three
thousand ‘elders’ can confront the government on a cultural practice
that is against the law plainly demonstrates that some parts of the
Constitution of Kenya are merely ‘paper smart’.
Twitter: @muthonithangwa
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