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
Three days into her work with us, Kwakyewaa became an indispensable member of our team, and our contractors were very pleased with her. She gave them advice on the placement of electrical fittings.
She also contacted a couple of paint specialists and, after joining them to test their quality, we chose their products, which saved me a very substantial amount. On the evening of the third day I drove her home’.
‘Kwakyewaa, we have been so busy we haven’t had the chance to chat’.
‘Yes indeed. I have been hoping we could talk. But why don’t you have your say first’.
‘Okay. The first thing I would like to say is actually a question, and I hope you don’t mind my asking’.
‘Certainly not. Please go ahead’.
‘Well, I, I am really enjoying working with you. You have done quite a lot for us, and I really appreciate that. But I mean that on the personal level, I like being with you, and I wish, er ………….’
‘I like being with you too, apart from the fact that I respect what you are doing, and I wish I could do this on a regular basis. But what about the fact of your relationship with Abena? Even though your relationship is practically over, would it not look funny that within a short time of ending the relationship you quickly grab her cousin?’
‘She’s your cousin, not your sister. And she’s already started a new relationship. Moreover, she doesn’t have any respect for me. You’ve heard the disparaging things she’s being saying about me’.
‘She’s obviously being influenced by Jennifer, but I would have thought that she would at least reflect a little before believing them’.
‘You went to Tech, so you know that this type of thing is common, even though it’s boys who indulge in it. It’s called ‘Takashi’. If you want a girl and you are not confident of winning her normally, you tell her false stories about the guy she’s going out with. Most of the time it doesn’t work, but in this case it has worked. It’s almost funny’. I stopped in front of her home, and just as I was driving off Esaaba called me.
‘David, Mom would like a word with you’. So I locked the car and went in with them.
‘My son David. I learned yesterday that you and Abena have ended your relationship. I wasn’t pleased to hear it, because you know that I have come to regard you as my son. I heard Esaaba and Abena arguing, and when I asked them they said it was due to her decision to stop seeing you. Abena is adamant that she will not change her decision, and in fact she has started going out with another person. So what can I say? I’m glad that you have not stopped coming here, because I want to see you here regularly’.
‘Don’t worry at all Mom. I will be very regular here, and you can always call me whenever you need me’. ‘Thank you, my son. Now, the second thing. I hear Kwakyewaa has started helping you at your office. I also hear that in addition to your job with the EU, you have a big company. I really admire you. You are so humble and hardworking’. ‘Mom, let me tell you this. Kwakyewaa has been extremely helpful to us. She has already made a lot of difference in our work. I am really sorry that she will have to return to France in ten days’ time’. ‘
Ah, but I thought you said you will not allow me to go back. Have you changed your mind? I am thinking of staying for a while’,
‘Ei, Kwakyewaa!’ Esaaba said. ‘What will your parents say? You want to stay for how long?’
‘Mom’, my parents are in London, and I have been in France on my own for two years. I believe that what I’m doing with Bernard is really useful. I’m not even thinking about money. I will stay for a month or two, maybe even three’.
‘Let me correct you there. You will not work for us for one day without being paid. Now, tomorrow, I will take you to my other site, and show you what we are doing there. Then you can take a good decision. For now, Mom, we have something to discuss. Goodnight’.
‘Okay madam Kwakyewaa’, I said as we walked to my car, ‘will you give me a chance? I have really developed feelings for you, and I believe we can get along together. I can assure you that I have nothing to hide, and ……………’
‘You don’t need to talk much. I accept. Unconditionally. Let’s go and take a look at the site tomorrow’.
She called me fifteen minutes after I left their house.
‘David, I’ve told Esaaba. She’s very surprised, and very excited. So it’s official now. She wants to talk with you.
‘Bernard, do you know how I will call what you’ve just done? It’s a smooth transfer, within the same family. Congrats, I’m happy for you’.
These legal provisions strongly resonate with Islamic teachings on the protection of the vulnerable, particularly children and victims of abuse.
The Prophet Muhammad (pbuh) emphatically condemned all forms of exploitation and injustice. He said: “Allah will be against three persons on the Day of Resurrection… one who sells a free person and consumes his price” (Ṣaḥīḥ al-Bukhārī). This Hadith directly condemns practices akin to human trafficking, where individuals are commodified for profit.
Additionally, the Prophet (pbuh) stated: “Whoever does not show mercy to our young ones… is not one of us” (Tirmidhī), underscoring the obligation to protect children from harm. These teachings reinforce that exploitation, abuse, and coercion are grave sins in Islam.
Synthesis
While Ghana’s legal frameworks are robust and aligned with both international standards and Islamic ethical principles, the implementation gap remains the primary challenge. Bridging this gap requires not only strengthening legal enforcement but also integrating ethical, religious, and community-based mobilization to reshape societal attitudes and enhance vigilance against trafficking.
The Strategic Role of Religious Leadership
Religious leaders occupy a uniquely influential position within society, functioning not only as spiritual guides but also as custodians of moral order and social cohesion. They command significant social capital, derived from deep-rooted trust, legitimacy, and continuous engagement with community members. In many contexts, they are perceived as intermediaries between the divine and humanity, entrusted with overseeing critical life events such as childbirth, marriage, burial rites, and conflict resolution. This positions them as indispensable actors in shaping both private conduct and public morality.
Theoretical Significance
Within Islamic sociology, religious leaders act as norm entrepreneurs, shaping:
• Moral consciousness by interpreting religious texts in contemporary contexts
• Social norms by defining acceptable and unacceptable behaviour
• Behavioural compliance through moral persuasion and spiritual accountability
Their authority extends beyond ritual functions to influencing socio-political attitudes, making them key agents in combating systemic injustices such as human trafficking.
Why religious leaders are vital in combating human trafficking
Trust and Legitimacy: Communities are more likely to accept guidance from religious leaders than from state institutions alone.
Grassroots Reach: Regular gatherings (e.g., Friday prayers, naming ceremonies, officiating marriages and burial services) provide direct access to large audiences. Religious leaders have access to the entire communities through the roles they play in societies.
Moral Framing: They can redefine trafficking not just as a crime, but as a grave sin (ḥarām), thereby strengthening deterrence.
Cultural Influence: They shape attitudes toward family decisions, migration, and child welfare key entry points for traffickers.
Conflict Mediation Role: Their involvement in family and communal disputes enables early detection of vulnerability and exploitation risks.
Practical Interventions
Normative Reframing
Clearly articulate human trafficking as a severe violation of Islamic principles, emphasizing accountability before Allah.
Sermonic Advocacy (Khutbahs)
Institutionalize anti-trafficking education within sermons, linking scriptural teachings to contemporary realities.
Community Surveillance and Early Warning Systems
Encourage congregants to report suspicious movements or deceptive recruitment practices, fostering collective vigilance.
Imamship Counselling and Family Guidance
Imams provide advisory support to families, particularly in rural areas, to resist false promises of employment or education.
Intersectoral Collaboration
Build partnerships with government agencies, NGOs, and international organizations such as the International Justice Mission to align moral advocacy with legal enforcement.
Victim Reintegration Support
Facilitate stigma reduction and social reintegration of survivors through compassionate community engagement.
In sum, religious leaders are not merely passive moral voices but strategic actors in social transformation. Their integration into anti-trafficking efforts bridges the gap between law and lived reality, ensuring that legal prohibitions are reinforced by moral conviction and community action.
Ethical Foundations (Conceptual Analysis)
Religious interventions against human trafficking must be firmly grounded in the theological and ethical attributes of Allah, which serve as the ultimate source of moral guidance in Islam. These divine attributes are not merely abstract concepts but functional principles that shape human conduct and social responsibility.
• Al-‘Adl (The Just)
Allah is perfectly just, and His justice (‘adl) denotes absolute fairness, balance, and the uncompromising rejection of oppression (ẓulm). In practical terms, this attribute obligates believers especially religious leaders to actively confront injustice in all its forms. Humantrafficking, which thrives on exploitation, coercion, and inequality, stands in direct opposition to divine justice. Grounding interventions in Al-‘Adl therefore requires advocating for accountability, supporting legal enforcement, and ensuring that perpetrators are brought to justice while victims receive their rightful protection.
• Ar-Raḥmān (The Universally Merciful)
Allah’s mercy (raḥmah) encompasses all creation, reflecting compassion, care, and benevolence without limitation. This attribute establishes an ethical imperative to respond to victims of trafficking with empathy, dignity, and restorative support. Religious leaders, drawing from Ar- Raḥmān, are called to prioritize healing, rehabilitation, and reintegration, ensuring that survivors are not stigmatized but rather supported in rebuilding their lives. Mercy here extends beyond charity to structured compassion that restores human dignity.
• Al-Ḥafīẓ (The Preserver and Protector)
Allah as Al-Ḥafīẓ signifies ultimate guardianship, preservation, and protection over all beings. This attribute places a collective responsibility on society to safeguard the vulnerable particularly
Women, children, and marginalized groups who are most at risk of trafficking. For religious leaders, embodying this attribute involves proactive vigilance, community education, and the establishment of protective mechanisms that prevent exploitation before it occurs.
Synthesis
When religious leadership is anchored in these divine attributes, it transcends passive moral instruction and evolves into active ethical stewardship. Justice demands resistance to exploitation, mercy ensures compassionate care for victims, and protection mandates preventive action.
Together, these principles transform religious leaders into powerful agents of social justice, capable of mobilizing communities toward the eradication of human trafficking.
Maqāṣid al-Sharīʿah and Human Trafficking (Conceptual Analysis)
What is Maqāṣid al-Sharīʿah?
Maqāṣid al-Sharīʿah refers to the higher objectives and overarching purposes of Islamic law,which are fundamentally designed to secure human welfare (maṣlaḥah) and prevent harm (mafsadah). Rather than focusing solely on legal rules, this framework emphasizes the ethical spirit and societal outcomes of Sharīʿah.
Classical scholars such as al-Ghazālī and al-Shāṭibīsystematized these objectives into five universal protections: religion (dīn), life (nafs), intellect(‘aql), lineage (nasl), and wealth (māl). These are regarded as essential necessities (ḍarūriyyāt) forthe preservation of a just and functional society (Shinkafi & Ali, 2017; Malik, 2015).
Importantly, Maqāṣid al-Sharīʿah provides a dynamic and policy-relevant framework, enabling Islamic law to address contemporary challenges such as human trafficking by prioritizing justice, dignity, and human flourishing.
