Dealing with noisy neighbours; Reinforcing the right to a healthy and clean environment.
At the height of the implementation of the Covid-19 restrictions, noise pollution in urban suburbs of Kampala had become a thing of the past. However, on 24th January, 2022, the economy was fully reopened in accordance with the President's earlier promise to the Country to lift all restrictions on businesses. While this was largely seen as a commitment towards reinvigorating the economy, for some it was the resumption of the noise pollution that had for a long time persisted unabated until the enactment of Covid-19 restrictions in their neighbourhoods.
What is noise?
Noise refers to any unwanted and annoying sound that is likely to have an adverse effect on human health or the environment. It is measured in A-weighted decibels that indicate the magnitude of sound pressure or power. The main sources of noise pollution in Uganda are for the most part- Pentecostal churches, Night clubs, bars and concert promoters.
Ideally, noise is not inherently harmful to the body unless it goes beyond permissible limits. However recent reports from the World Health Organisation indicate that noise can cause a number of short and long term health problems for example sleep disturbance, cardiovascular effects, poorer work/ school performance and hearing impairment.
Regulating Noise
In Uganda, the permissible limits of noise in industrial areas is 70 dB during the day and 60 dB at night. In residential areas, it is 50db during the day and 35 dB at night. For Mixed residential (with some commercial and entertainment), it is 55db during the day and 45 dB at night. Internationally, WHO recommends less than 30 dB in bedrooms during the night for good quality sleep and less than 35db in classrooms to ensure good learning conditions. The law also prescribes penalties for owners or occupiers of property that emit noise beyond the permissible limits. Enforcement of breach of permissible noise limits is principally through the Local Councils and Police.
Alternatively, Court is also an option of enforcement through the Common law action of nuisance. This is because noise pollution is by its nature unlawful interference with a person's use or enjoyment of their property. An action in nuisance does not require physical interference with one's enjoyment of their property.
Over the years, we have seen a number of cases being brought against Churches like House of prayer ministries, Bars like Casablanca, Bubbles O' Leary, Atmosphere and Wave lounge have also been on the receiving end of Court summons for noise pollution. The Court of first instance for control of noise is the area Magistrate's Court. Remedies granted usually range from orders to reduce noise to monetary compensation for the inconvenience caused.
Test of reasonableness
Peaceful co-existence with one's neighbours is a process that requires compromise- "a rule of give and take". It is therefore presumed that every person should be able to endure a certain level of noise if they are to continue living peacefully in proximity with their neighbours.
What is reasonable is determined based on the circumstances of the victim and offender, taking into account all factors involved for example; the locality of the neighbourhood. What may be reasonable noise in the Central Business district may not be reasonable in a residential area.
Broadly speaking, not much jurisprudence has come out of Uganda on noise pollution. According to anecdotal evidence, this is largely because Uganda is a community centred society and there are general reservations about litigating noise disputes with neighbours in Court as this would ultimately strain relations in the neighbourhood.
Secondly, most victims see police as being able to offer a quick and more effective remedy through the confiscation of speakers and other noise emitting equipment as well as the arrest of culprits.
However, there has been a general shift in trends towards taking culprits to Court inorder to remedy such misconduct. Court orders are also the most effective in getting a permanent solution against offenders since breach of Court orders attract grave consequences from huge fines to imprisonment.
Practical measures
One of the popular methods of controlling noise is through the use of soundproofing equipment. Common sound proof equipment includes acoustic membrane, acoustic mineral wool, fibre glass, resilient channels, acoustic hangers, sound proof drywall, dense boards etc.
Kampala Capital City Authority ("KCCA") is enforcing compliance by revoking Trading Licences for Bars that operate in excess of permissible noise levels. Additionally, KCCA also requires owners of entertainment places to get clearance from the Directorate of Public Health and environment before a licence is granted.
In some countries, innovative measures have been adopted to counter noise pollution for example in Ghana, the Government proposed that mosques call their congregation for prayers through Whatsapp messages and SMS Text messages. Of course for a Country like Uganda where most citizens are adherents of religion, such a proposal would be met with very stiff resistance.
As a result of such inherent socio-economic factors, regulating noise that comes from churches has been a delicate balancing act between the right to a clean and healthy environment as well as the right for one to profess one's faith. For the most part, the latter has overridden the former.
Conclusion
The right to a clean and healthy environment is one of the hallmarks of a healthy and efficient society. It must therefore be emphasised that reduction in noise pollution is a significant step towards improvement of the welfare of society as a whole. This can only be achieved through collective responsibility of citizens in making sure they adhere to permissible noise levels.