By Ermiyas Males
The interplay between cultural norms, harmful traditional practices, and law enforcement is a complex phenomenon that deeply impacts societies. In Kenya, a nation celebrated for its cultural diversity, this dynamic relationship often dictates the degree to which laws are enforced. Cultural norms serve as a framework for shaping perceptions and behaviors within a society; these norms, whether progressive or regressive, have the potential to influence the enforcement of laws. Some cultural practices are deeply rooted and normalized, affecting the way laws are enforced or even acknowledged.
Harmful traditional practices, often ingrained in cultural norms, challenge the efficacy of law enforcement efforts. Practices like early marriage, female genital mutilation (FGM), and forced marriages persist despite legal prohibitions. The reluctance to enforce laws against these practices can stem from societal acceptance, limited resources, and the fear of backlash from communities that value tradition. Gender-based violence (GBV) is another realm where cultural norms significantly impact law enforcement. Norms that perpetuate male dominance and female subservience hindering the reporting and prosecution of GBV cases. In some instances, survivors may face victim-blaming or pressure to resolve issues within the community rather than seeking legal redress. The distribution of power within a society can further exacerbate the influence of cultural norms on law enforcement. Those in positions of authority may be hesitant to challenge entrenched practices that enjoy widespread cultural support, fearing social unrest or loss of political backing. This power dynamic can thwart efforts to enforce laws that counter harmful practices.
While cultural norms can hinder law enforcement, there are instances of positive change. Grassroots movements, women’s organizations, and advocacy groups are been instrumental in challenging harmful practices. Collaborative efforts between these groups, legal institutions, and communities have led to increased awareness and sensitization, creating space for law enforcement agencies to act. Kenya boasts a progressive legal framework that criminalizes many harmful practices, but implementation remains a challenge. Cultural norms that tolerate certain practices can complicate the process of investigating and prosecuting cases related to harmful traditions. Navigating the delicate balance between respecting cultural norms and enforcing the law requires cultural sensitivity. Law enforcers need to collaborate with, community leaders, and civil society to find common ground and promote understanding.
The intricate relationship between cultural norms, harmful traditional practices, and law enforcement in Kenya reflects a larger global challenge. Achieving meaningful change requires a multi-faceted approach that addresses cultural norms without dismissing heritage. Empowering communities through education, awareness campaigns, and collaboration can help shift attitudes and pave the way for more effective law enforcement against harmful practices, ultimately fostering a society that upholds human rights and equality.
Ermiyas Males a Youth Advocate at NAYA, SAIC II
