Exercise culture with an eye on modern laws

Two incestuous cousins belonging to the Inomu Ikomion clan in Kumi District, eastern Uganda, were last weekend subjected to ritual cleansing to ward off generational curses.
 The ritual involved public flogging and being forced into a grass kiln, which was then set ablaze. They were allowed to flee from the blaze with the clan enforcers giving chase and administering more beatings. After the cleansing ritual, the two were forced to sign a pact that they will not repeat the offence and will observe the norms of the Teso community.

The United Nations Educational, Scientific and Cultural Organisation defines culture as a “complex whole which includes knowledge, beliefs, arts, morals, laws, customs, and any other capabilities and habits acquired by a human as a member of society.”
The place of culture in traditional African society such as the Teso community should continue to be emphasised. Our culture embodies knowledge, belief, morals, laws, and customs. However, as culture continues to clash with modernity in the face of international and national laws such as the Constitution of Uganda, traditionalists must emphasise the place of the national laws in their undertakings.
For instance, Article 37 of the Constitution provides for the right of a person to practice a culture, tradition, creed or religion. However, respect for human dignity must be observed. This means any form of torture or degrading treatment is a criminal offence punishable by the law.

The dignity of the couple was flagrantly defiled when they were targeted by the clan enforcers who appear to have been waiting for the “right moment” to secure evidence. This is against Article 27 of the Constitution on the right to privacy. No person shall be subjected to interference with the privacy of their home.
The conduct of the cultural leaders leaves a big question for Teso. In the 1700s, a person who died while being subjected to a similar ritual cleaning would have simply been abandoned in the woodlands. But this is 2023 and taking a life does not know culture. A ritual practice that exposes people to potential bodily harm or even loss of life must be frowned upon. The cultural leaders need to devise modern ways of handling effrontery to their norms without prejudice to the modern laws. They should not hold the rigid mentality of Chinua Achebe’s Okonkwo (Things Fall Apart), who failed to reconcile with the times and, in a rush of courage, ended up committing a murder.

Times change and those who change with it survive. This is especially important for those who hold the reins of cultural bulls. They must remember that Article 44(a) of the Constitution, to which they are subject, protects against torture, cruel, inhumane or degrading treatment.
Human rights are not given as a favour, they are inalienable and accrue naturally to everybody – irrespective of culture.