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When laws do not work …is there justification for abnegation of responsibility? (Final part)

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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

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The eye is indeed the lamp of the body

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There is a scripture that is found in Matthew 6:22 which says that the lamp of the body is the eye and therefore the eye must see well to enable the body to get to its destination.  

What most people do not know is that behind the scenes, there is a strong interaction between the eyes and the brain before a picture becomes clear.  The state of mind therefore is crucial to the eye seeing clearly to enable the body to process accurately the information the eyes are feeding it for proper identification of what the eyes see. 

This is similar to how a person behaves i.e. what informs the decisions that forms in the mind that results in the actions that a person performs.  The actions of a person does not therefore just happen but is as a result of things that went on in the mind, which in most cases resulted from information passed on to it by the eyes either consciously or unconsciously.

There are so many issues that affect our society which makes one wonder, whether the people who displayed such acts were created by someone or something other than God. 

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How can a person see a beach created by God with beautiful beaches and fresh air blowing all around, decides to defecate at such places, and therefore desecrate the environment?  lt is simply mind boggling? 

When other people in other countries who dwell on the coast are using their beaches for tourist attraction purposes as a means of livelihood and also to promote environmental health, some people living around our beaches, have turned them into rubbish dumping sites and toilets. 

It is a very sad situation and the earlier we did something about it the better.  It is a national emergency that must engage the attention, first of the government and then the citizenry, where religious bodies and NGOs must play a critical role.

The things we focus on in this country, needs to be addressed.  Our minds which processes the info the eyes send to the brain, must be disciplined.  There are certain behaviours that a disciplined mind can ignore even when the eye has provided info to the brain.  One of the things a disciplined mind does, is the avoidance of a second look, which is critical for every person who wants to avoid adultery or fornication. 

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Once a person is not blind, he will see things.  The boobs, the ‘shankus’, the coca cola shapes, the light complexioned, the dark complexioned etc. the eyes will definitely see and report same to the brain.  What the brain or the mind decides to do or instructs the eye to do is the issue. 

It can decide to instruct the eye to take a second look and let the mind drool over it or say ignore it and that will be the end.

If the mind becomes trained to focus on environmental issues like clean environment, the eyes will automatically be reporting on insanitary conditions to the brain as and when it sees them.  The mind will pay attention to such data and begin to process them and to identify solutions to deal with the reported insanitary conditions. 

There is the need to encourage citizens to train the mind to focus on the right thing so that in tandem with the eyes, focus will be maintained.  When the mind is so trained, it communicates with the eye to also focus on hood things that helps in both are spiritual life and our secular lives, for indeed the eyes are the lamp of the body.  God bless.

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 Arming the Sikaman journalists to the teeth

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THE relationship between New Times Corporation (NTC) and African Concrete Productions (ACP) is based entirely on matters of the stomach. Each depends on the other in a dietary symbiosis, reinforced by the close proximity of each other

At lunchtime, you’d see a particular set of Times workers marching regimentally to ACP to face the wall. You’d think they are soldiers. It has long been declared that the company manufactures the best kokonte in the Greater Accra Region. ACP is, therefore, a culinary haven for those NTC kokonte fans, both male and female.

As the NTC kokonte warriors cross the border to ACP, you’d see some ACP banku fanatics dancing joyously to NTC. They are lucky folks because they do not have to obtain visa to enter into ‘Times’ to attack the balls of banku with precision and accuracy. They also claim that the lightsoup at ‘Times’ is arguably the best in West Africa.

So the relationship between the two entities was quite cordial and based practically on stomach palaver, until ACP workers staged an industrial revolution, whereupon the managing director, accountant and estate manager were allegedly stripped naked and locked up in a room. An insurgency had began in earnest.

An ACP worker came to ‘Times’, this time not to eat banku and okro. He had come to inform newsmen that juicy stuff awaited them at ACP. It could make a front page lead story.

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A camerawoman and a female reporter were accordingly dispatched to go and bring back news, juicy news as juicy as kokonte and groundnut soup.

Sikaman Palava
Sikaman Palava

I was driving to work when I espied the familiar camerawoman clicking away outside the ACP premises. I didn’t see any ‘Times’ reporter but angry workers who were on the verge of getting violent. I slowed down and the driver behind blew his horn at me like a lunatic. I drove on.

Later, I heard the reporter and camerawoman were harassed and brutalised. The report came,. “The camerawoman, Mrs Salome Adonu-Agbottah and reporter Mrs Doreen Allotey, in an attempt to retrieve the camera which the workers had seized from them were severely beaten. They were manhandled and almost pushed into a big gutter opposite the company’s premises.

BRUISES

“….The camerawoman had bruises on her body, her hand bag was destroyed and the money in it stolen. Mrs Allotey’s watch was also snatched and her feet stamped on.”

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Luckily, it was not her nose that was trampled upon. She has a beautiful nose.

The bad news was received with extreme sorrow. If the victims had been men, it would not have seemed too bad. But to brutalise women is just unacceptable. The New Times Corporation has not stopped mourning the incident which has been condemned in many circles.

Some people keep asking me why Times sent females to cover a potentially violent demonstration. I tell them they might as well ask why CNN’s amazon, Christina Amanpour, is assigned to cover the carnage in Bosnia-Herzegovina and Rwanda. She is always on the frontline in jeans and jacket.

Journalism is a potentially hazardous profession, and once you accept to study and practise the trade, you might as well bone up to face any assignment as long as your superiors feel you are capable of handling it or you have demonstrated the capacity to handle it. Both males and females can be assigned anywhere, anytime just like policemen and women are assigned.

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The only difference between cops and pressmen is that the latter are armed only with a pen and the former with a gun. The question is should newsmen also arm themselves so that in any event of an assault they would not be found wanting in self-defence? They can’t adequately defend themselves with a pen and a jotter. A pen cannot even disfigure an opponent’s upper lip.

Photo-journalists have particularly suffered violence. Spectator ace-cameraman Vincent Dzatse was severely assaulted by AMA men when he attempted to take pictures of their indiscretions.

Sports cameraman, P. K. Arthur has been beaten more than once at the sports stadium when riots errupted and he wanted to capture it on his lenses.

Some sports journalists have been banned from entering the Accra Sports Stadium by supporters because in their comments, they didn’t write “sense”. Some supporters once nearly lynched Christian Abbew, Spectator Sports Editor, near a courtroom. He was stoned like the biblical Stephen. He had gone to defend a contempt charge.

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I think it is time journalists met and discussed how best to defend themselves in any event of an attack by individuals or mobs. In the pursuance of their duty, they must be free from harassment and assault.

Some journalists go to work and return home with a black-eye or a double fore-head. It is just not right. Something has to be done about it. I think journalists should be armed. But first we must be trained in the use of firearms so that our warning shot do not hit below the belt. What about training in Kung Fu?

This article was first published on Saturday, October 17, 1998.

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