Features
When laws do not work …is there justification for abnegation of responsibility? (Final part)
Section 5 of the Bye-laws bans the playing of any recorded music for the purpose of advertising as it constitutes a public nuisance. Under section 6, no operator of a night club, restaurant or drinking bar or entertainment spot is allowed to play music in such a way as to cause public nuisance to the residents. The section emphasises that any music played in such a place must only be heard within the confines of the place.
Section 7 requires that music must be played “at reasonable pitch up to midnight,” during a wake or party. By operation of section 8 music played during church services must not be so loud as to cause nuisance to the public and residents. Written permission is to be obtained from the Assembly whenever music is to be played before 6am and after 12 p.m. during a religious service. Music played through public address systems in religious institutions or in entertainment halls must be confined to such places.
Ultimately, religious, commercial, educational, industrial or entertainment facilities sited in residential areas should limit their noise levels to conform to the prescriptions of the Environmental Protection Agency.
Users of generators are even expected to reduce the noise level so as not to cause nuisance to the neighbours. Contravention of any of the Bye- laws shall on summary conviction draw fines of not less than 50 penalty units or terms of imprisonment of four months or more. Both punishments could also be imposed.
THE ENVIRONMENTAL PROTECTION AGENCY
The Environmental Protection Agency is mandated by Act 490 of 1994 to carry out informative, enforcement and regulatory functions. The agency is to collaborate with Local Assemblies, other state and non- state actors to embark on systematic programmes of formal and non- formal education in order to create awareness of the importance of the field to economic and social life.
To ensure that the levels, intensity and quality of noise in the environment are controlled, the Agency serves notice and warnings on persons or organisations in breach of relevant laws and regulations. Ignoring the notices and warnings could result in arrests and prosecutions. The sector minister may even authorise the use of force to exact compliance.
The Agency has further leverage on noise disturbance through the issuing of permits for the siting within residential areas of facilities like factories, businesses, schools, houses of worship, drinking bars, night clubs and entertainment venues in such manner that residents will not be disturbed or inconvenienced by their activities.
Of particular importance is meeting the requirements of the Environmental Permit Assessment Regulations, 1999 (L I 1652). Environmental Assessment reports must be obtained before Environmental Permits are issued. The conditions are stringent and permits are renewable yearly, subject to due observance of the conditions in the course of the preceding year.
On the ground, the processes are often not followed through with the result that our residential areas have become cauldrons of noise making. Presumably the Agency is hampered by the human and logistical constraints it has always complained about. It has become normal for set- ups which do not have the requisite permits from the Environmental Protection Agency to continue to operate in the communities.
This is one institution with sound appreciation of the effects of unbridled noise making on life and recently it had to warn Ghanaians about the negative effect of excessive noise making on student performance. The due performance of its role would greatly enhance the prospects of quietude in our communities.
MEASUREMENT OF NOISE
It appears that the greatest hindrance to the handling of noise- related cases by both the Police and the Environmental Health and Sanitation Departments of the Assemblies is the introduction of Guidelines for Measuring the Ambient Noise Levels by the Environmental Protection Agency. The impression is that every noise- related complaint requires measurement and since the Agency itself does not have adequate stock of the measuring devices for its field offices, there can be no prosecution of persons who commit noise- related offences.
The reality is that some noise related offences like lack of Environmental Permits where required, absence of operational permits issued by Assemblies before commencing business or not having the written permission of an Assembly before embarking on a public activity which involves noise making between 8pm and 6am, do not require the measurement of noise. So would arresting without warrant any person engaging in noise disturbance on premises so as to disturb neighbours. A real paralysis of enforcement would result if the law is to be construed this way.
If the Police and the Environmental Health and Sanitation Departments of the Assemblies believe noise measurement is absolutely necessary in particular circumstances, they should approach the Environmental Protection Agency which has the statutory duty to compile the Environmental Reports they require to facilitate successful prosecution.
The Agency is forthcoming even in civil cases like the epoch- making suit involving two Haatso-based churches. Here, the learned judge relied upon the report of the Environmental Protection Agency to make a finding that the noise level the two churches made “was excessive and violated the regulations of the Environmental Protection Agency.”
A take away from the decision in that case was the award of damages against the Assembly for recklessly violating the rights of the plaintiffs by granting permission to the churches to operate in a residential area without regard to the interests of the residents.
The Daily Graphic had hoped that “the judgement will not only serve as a reference point for such cases in future but also empower citizens to use the courts to address issues of noise- making.” Recourse to the courts is, however, not necessary when it is the duty of statutory institutions to provide such services at no further expense to the tax- payer.
We all know that at the root of our development problems is our reluctance to enforce laws and regulations which have been painstakingly crafted and enacted after much exertion and considerable financial expense. We tend to admire advanced societies when the only difference between us is our varying approaches to governance.
The tragedy of our underdevelopment remains the abhorrent attitude of public officials who totally abnegate their responsibilities and their administrative and political supervisors who also fail to ensure such officials are punished for non-performance.
Now that some degree of attention is being paid to its Siamese twin, sanitation, it is the expectation that our political and administrative authorities would offer determined leadership to seriously address a phenomenon which is imperceptibly contributing to conditions like cardio- thoracic diseases, diabetes, aborted foetuses, neurosis and hearing loss.
The author is the former Director General
of Ghana Prisons Service
By William K. Asiedu
Conflict at work is more common than you might think. According to 2022 research by The Myers-Briggs Company, more than a third of the workforce reports dealing with conflict often, very often, or all the time in the workplace.
Addressing a dispute might feel tense or awkward, but resolving the conflict is typically well worth it in the long run. Whether you are trying to mediate conflict between colleagues or are directly involved. Last week we looked at three and this week is the remaining four steps you can take to manage workplace conflict.
4. Find common ground
The best way to handle workplace conflict is to start with what you can agree on. Find common ground between the people engaging in conflict. If you are directly involved in the conflict, slow down and focus on results instead of who’s right.
If you are the mediator for conflict resolution between coworkers, observe the discussion and help point out the common ground others may not see.
5. Collectively brainstorm solutions
When deciding how to handle workplace conflict, it can be tempting to problem-solve on your own. Sometimes, it feels easier to work independently rather than collaboratively. However, if you want to achieve a lasting resolution, you will need to motivate your team to get involved.
Brainstorm possible solutions together, and solicit input from everyone involved on the pros and cons of each option until you settle on a solution that feels comfortable to everyone. This will help all team members feel a sense of ownership that can help prevent future conflicts.
6. Create an action plan
Once you have created an open dialogue around workplace conflicts, it is time to resolve them. Just like any other work goal, this requires creating a concrete plan and following through.
Create an action plan and then act on it. It does not matter what the plan is, as long as you commit to it and resolve the conflict as a result.
7. Reflect on what you learned
All conflicts offer an opportunity to grow and become a better communicator. Identify what went well and what did not.
Work with your whole team to gather learnings from the conflict so you can avoid similar situations in the future.
Today, I continue with my narration of personalities and their accomplishments as members of the Ghanaian Diaspora in Finland, with a focus on Mr Joseph Osei Amoah.
Mr Amoah is one of the senior members of the Ghanaian community in Finland and a top member of the Ghana Union Finland, an association of the Ghanaian migrant community in Finland.
He is an active and a well-respected person in the Ghanaian community in Finland. Mr Osei Amoah moved to Finland in the mid-1990s, and he has lived in Helsinki all this time.
Accomplishments and honours
It is important to recount accomplishments as part of the success stories of the personalities of Ghanaian descent in Finland in order to highlight their exploits both within the Ghanaian migrant community and in the wider Finnish society.
Mr Amoah holds a Master’s degree in Demography from the University of Helsinki. At the time he came to Finland in 1994, he had majored in Economics at the Bachelor’s level at the Kwame Nkrumah University of Science and Technology (KNUST).
Sometimes affectionately called “Chairman” in the Ghanaian migrant community, Mr Osei is a former Chairman of the New Patriotic Party’s (NPP) branch in Finland, assuming office around 2015, a few months after the branch was formed, until 2019 when he did not run again for the elections. He helped to bring vibrancy into the NPP Finland branch.
Religious life
Mr Amoah is a prominent member of the Global Methodist Church in Finland. In spite of his busy working life and other responsibilities, he remains a committed member of the Global Methodist Church in Finland.
He plays a key leadership role in the church, which is attended by many Ghanaian migrants and other African migrants, Finns, and those of other nationalities.
His position in Asanteman Finland
Mr Osei Amoah is an outstanding member of the Asanteman Finland, where he is the Gyasehene, a prominent position as a sub-chief in the Asante (and Akan) royal hierarchy, in the functioning of the traditional authority systemgenerally in Ghana.
The Asanteman Finland is an association formed purposely with the aim of supporting each other as well as to ensure unity among its members and others outside of the group.
One of its top priorities of Asanteman Finland is to display the Asante culture in Finland. Mr Osei Amoah finds this as very important since by upholding the traditional culture and heritage, the association enables its members and especially the young ones to get the chance to learn and appreciate Asante and Ghanaian cultural values. They do this through rites such as marriage, the naming ceremony, and death and funeral rites, which makes the people to learn more of their provenance and not forget their origins.
“My point is that, by displaying the traditional heritage it helps people to learn more about their provenance. For, I think it will be embarrassing to go home and see that even the young ones have much knowledge about how to perform certain rites whilst those of us in the diaspora may be deficient in understanding those practices”, he argued. It is also very important for the young ones who are born in Finland to learn what the culture of their original society is, he continued.
The Finnish educational system
Mr Osei has a lot to say about the Finnish educational system, which he sees as very good. “When we came to Finland, education was free. There were library books and manuscripts readily available in the library, and one could print or make as many photocopies as possible for your studies. There was more flexibility. One could read books and write exams on them for the necessary grades in order to complete your studies”. In his opinion, Ghana could learn much from the Finnish system, which is one of the best in the world.
He said the only initial challenge he found in Finland was how to master the Finnish language, without which it was difficult to get a job befitting one’s status after the studies. But things have changed today and there are many English courses so it is easy to study and get a job that matches your studies, especially in the area of ICT, he said.
His role in the Ghanaian community
Mr Osei Amoah has been very active in the Ghanaian community, as I have indicated earlier. He is still very active in the Ghana Union Finland, and has played a leadership in many functions organised by the Union, as a non-governmental organisation for the Ghanaian migrant community in Finland.
Mr Amoah has been a counsellor and mentor who has guided many young Ghanaian migrants on their career paths and has also been part in settling various kinds of conflicts between opposing parties or persons. In conclusion, I would say Mr Osei Amoah has succeeded in embossing his name in the golden pages of visionary Ghanaians in both Sweden and Finland.
With Dr Perpetual Crentsil
