AKSUM UNIVERSITY

COLLEGE OF SOCIAL SCIENCES AND LANGUAGES

DEPARTMENT OF LAW

A THESIS SUBMITTED TO THE PARTIAL FULLFILLMENT OF

BACHELOR DEGREE OF LAW [LLB]

TITLE: SOUND POLLUTION IN MEKELLE CITY PARTICULARLY IN

KEBELLE 16; THE LAW AND PRACTICE

By: SIMRET G/SELASSIE

Advisor: Genet Kiflegebriel (LLB andLL.M)

Aksum, Tigray, Ethiopia

January, 2019
THESIS APPROVAL

THE THESIS TITLE“SOUND POLLUTION IN MEKELLE CITY PARTICULARLY IN

KEBELLE 16; THE LAW AND PRACTICE”

ATHESIS SUBMITED BY: SIMRET G/SELASSIE

TO THE DEPARTMENT OF LAW

JANUARY 2019

Approved by:

_________________________________
___________________

Advisor
Signature

_________________________________
___________________

Examiner
Signature

_________________________________
___________________

Examiner
Signature

ii
.
Declaration

I hereby declare that the thesis comprises my own work. In compliance with
widely accepted practices, I have duly acknowledged and referenced all
materials used in this work. While submitting this thesis in the partial
fulfillment of the requirements for the Degree of Bachelor of
Law (LLB) to the department of Law, Aksum University, I declare that the
thesis is my original work and compiled according to the senior thesis guideline no 01/2017.

Declared by:
Name: Simret G/selassie
Signature: ____________
Date: _________________
Confirmed By:
Name: Genet K. (LLB, LLM)
Signature: _________________
Date: _____________________

iii
ACKNOWLEDGMENT

First, I would like to extend my deepest gratitude to almighty God and his mother saint virgin
Mary. I would like to express my deepest gratitude to my advisor, Genet kiflegebriel for giving
me courage and for her continuous assistance and feedback throughout the final accomplishment
of the study. Moreover, I would like to acknowledge Environmental Protection Authority staffs
particularly hrit Tesfay and Mr. Welday Brhane.

iv
ABSTRACT
Sound pollution is at alarming rate as development by means of different constriction
infrastructures are increased at alarming rate, beside their developmental aspect and increasing
of the quality of life, the sound that is out from those infrastructures like industrial and non-
industrial activities. Sound pollution is major problem, which is now an urgent issue in Ethiopia.
sound pollution is regulated under the FDRE constitution, Advertisement proclamation and
environmental pollution proclamation beside this there is no comprehensive legal instrument
which regulate sound pollution in Ethiopia and also there is no standard is provided under in
those laws which regulate sound pollution. Noise causes adverse effect on human health,
deteriorates environment and diminishes the value of property. This study aimed to assess the
implementation of sound pollution law in mekelle city particularly in kebelle 16and to survey
different sources of noise pollution giving particular emphasis to religious institutions,
commercial shops, nightclubs and advertisement. Though there are 18 kebelle in mekelle city,
only kebelle 16 is selected for the study as this area were densely populated and highly exposed
to noise pollution. A total of 23 respondents in the study were selected by applying simple
random techniques and purposively. In order to attain the proposed objective instruments like,
interview, FGD was employed. To analyze the collected data qualitative method were used.
The study identified that in the Tigray regional state is the laws provided by the federal
government are used other than this there is no specific law provided by the region. This
Enforcement of laws in the study area is not enforced totally and the awareness of people
towards those laws is too limited. At the end, the researcher would give conclusion and
recommendations on the assessment of sound pollution in the study area.

v
Table of Contents
Acronyms....................................................................................................................................- 1 -
Chapter One................................................................................................................................- 2 -
1. Introduction.............................................................................................................................- 2 -
1.1back Ground Of The Study....................................................................................................- 2 -
1.2 Stetment Of Problem.............................................................................................................- 3 -
1.3. Objectives Of The Study......................................................................................................- 4 -
1.3.1. General Objectives............................................................................................................- 4 -
1.3.2. Specific Objectives...........................................................................................................- 4 -
1.4. Research Questions..............................................................................................................- 4 -
1.5. Significance Of The Study...................................................................................................- 5 -
1.6 Scope Of The Study..............................................................................................................- 5 -
1.7 Limitation Of The Study.......................................................................................................- 5 -
1.8. Methodology Of The Research............................................................................................- 5 -
1. 8.1. Sources Of Data...............................................................................................................- 5 -
1.8.2 Data Gathering Tools.........................................................................................................- 5 -
1.8.3. Sampling Method And Sample Size.................................................................................- 6 -
1.8.4 Sample Size........................................................................................................................- 6 -
1.9. Ethical Considerations.........................................................................................................- 6 -
1.10. Organization Of The Study................................................................................................- 6 -
Chapter Two................................................................................................................................- 8 -
2. Review Of Related Literature.................................................................................................- 8 -
2.1. Concepts And Definition Of Environment And Pollution...................................................- 8 -
2.1.1. General Overview On Environment.................................................................................- 8 -
vi
2.1.2 The Concept Of Pollution..................................................................................................- 9 -
2.2 Sources Of Sound Pollution................................................................................................- 11 -
2.2.1industrial Noise Pollution..................................................................................................- 11 -
2.2.2 Non-Industrial Noise Pollutions.......................................................................................- 11 -
2.2.3 Residential And Community Noise.................................................................................- 12 -
2.2.4Natural Sources Of Noise Pollution..................................................................................- 12 -
2.3Effect Of Sound Pollution....................................................................................................- 12 -
2.4 Noise/Sound Pollution As International Perspective..........................................................- 14 -
2.4.1 Indian Perspective............................................................................................................- 14 -
2.4.2 United States Perspective.................................................................................................- 15 -
2.4.2.1 Environmental Protection Agency................................................................................- 16 -
2.4.3 Sound Pollution In Germany............................................................................................- 16 -
2.4.3.1 Noise Mapping And Noise Action Plans......................................................................- 17 -
2.4.3.2 Noise Mapping And Noise Action Plans......................................................................- 17 -
2.4.3.3 Measures Against Noise From Industrial And Commercial Installations....................- 17 -
2.4.3.4 Measures Against Neighborhood Noise.......................................................................- 18 -
2.4.3.5 Measures Against Noise From Sports And Leisure Activities......................................- 18 -
2.4.3.6trial And Commercial Installations, Neighborhood Noise, Noise From And Leisure
Activities,..................................................................................................................................- 18 -
2.5 Sound/Noise Pollution In National Perspective..................................................................- 19 -
2.5.1ethiopian Perspective........................................................................................................- 19 -
Chapter Three............................................................................................................................- 23 -
3. Sound Pollution Laws And Its Implementation In Mekelle City..........................................- 23 -
3.1. Brief Description Of The Study Area................................................................................- 23 -
3.2. Main Sources Of Sound Pollution And Their Impact In The Study Area.........................- 24 -
3.2.1. Main Sources Of Sound Pollution In The Study Area....................................................- 24 -
3.2.2 Impact Of Sound Pollution On Human Health In Mekelle City Particularly In Kebelle 16 25
3.3 Factors For The Existence Of Sound Pollution In Study Area...........................................- 25 -
3.3.1 Gaps On The Enforcement Of The Law..........................................................................- 25 -
3.3.2. Weak Institutional Integration........................................................................................- 27 -
3.3.3. Lack Of Awareness.........................................................................................................- 28 -
3.3.4. Poor Urban Planning.......................................................................................................- 28 -
vii
Chapter Four.............................................................................................................................- 29 -
4. Conclusion And Recommendation.......................................................................................- 29 -
4.1 Conclusion..........................................................................................................................- 29 -
4.2 Recommendation...........................................................................................................- 30 -
Bibliography..............................................................................................................................- 31 -

viii
Acronyms
DB Decibels

EPA Environmental protection authority

FDRE Federal Democratic Republic of Ethiopia

WHO World health organization

CSA central statics agency

1
Chapter One

1. INTRODUCTION

1.1Back ground of the study

Understanding the concept of environment is important to understand the effects of pollution. There is no
universally accepted definition of environment. The Ethiopian legal system define environment as "The totality
of all materials whether in their natural state or modified or changed by human, their external spaces and
interactions which affected their quality or quantity and the welfare of human or other living beings, including
but not restricted to, land, atmosphere, weather and climate, water, living things, sound, odor, taste, social
factors, and aesthetics”.1The definition provided a very broad dimension because it incorporates various
components such as physical, economic, social and cultural components.

Pollution is a concept that disrupts the wellbeing of an environment. It is defined as “ An excess of anything that
by its excess reduces of human life anything includes inanimate material (solid, liquid, and gas) or animate
material (insects, people, other or non-material excess (noise and light)2”

Sound as one component of environment, the excess discharge results to pollution: and is called noise pollution.
There is clear distinction between noise and sound. Sound is essential for our daily lives, but noise is not. 3 Noise
can be defined as unwanted sound. It has serious impact on human beings. It creates irritation, stress and
anxiety for many peoples. In addition, World Health Organization (WHO) identified some serious threats of noise
pollution. Pain and hearing fatigue, hearing impairment including tinnitus, annoyance, interferences with social
behavior (aggressiveness, protest and helplessness), interference with speech communication, sleep disturbance
and all its consequences on a long and short term basis, cardiovascular effects, abnormal hormonal responses
(stress hormones) and their possible consequences on human metabolism (nutrition) and immune system,
performance at work and school4.In general, WHO has documented seven categories of adverse health effects
of noise pollution on humans. Those includes hearing impairment, interference with spoken communication,
1
Environmental Protection Organs Establishment Proclamation, Proclamation No. 295/2002, Neg. Gaz., 9 th
Year, No. 7, 2(3).

2
ABERRA, B. Environmental noise pollution in Addis Ababa; major sources and public reactions in noise pollution in Addis
Ababa, Forum for Environment, 2011, p, 8–28.
3
Ibid
4
Ibid

2
sleep disturbance, cardiovascular disturbance, disturbance in mental health, impaired task performance, and
negative social behavior.5

Actions to control noise effect have been an immediate concern for communities in countries of the developed
world is as evidenced by a large number of anti-noise laws. However, such action remains limited in developing
countries especially in Africa6. Ethiopia is among the developing countries whose urban environment has
undergone significant changes due to industrialization, urbanization, the expansion of road network, and the
increases in the number of motor vehicles. 7 Different anti-noise laws and regulations are enacted and they are
found in the FDRE constitution, advertisement proclamation, civil code, criminal code and environmental
pollution control proclamation. Despite the existence of legal framework, the implementation in the study area
is too weak. Thus, it is paramount to assess the implementation in actual practice. 8

1.2 STETMENT OF PROBLEM

Ethiopia has a comprehensive environmental policy in relation to noise pollution. The overall goal is aimed to
improve and enhance the health and quality of the life of all Ethiopians. 9 The FDRE constitution guarantees all
persons right to live in a clean and healthy environment. 10Furthermore as an objective, the federal and regional
government may endeavor to ensure that Ethiopians live in a healthy and clean environment. 11 This obligation
requires the government to promulgate laws and standards with the aim of protecting the environment thereby
ensure the right of citizens to live in clean and healthy environment. Accordingly, various primary legislations
that are essential for the protection of environment are enacted. Pollution control proclamation is one among
environmental legislations in Ethiopia with the aim of environmental protection. 12 The main objective of the

5
ibid
6
ABERRA, B. Environmental noise pollution in Addis Ababa; major sources and public reactions in noise pollution in Addis
Ababa, Forum for Environment, 2011, 2, p,35

7
http://www.effect of sound pollution etopian.wordpress.com last visited/09/21/2018
8
Tesfanesh Tadesse, Challenges for the Effective Implementation of the Environmental Pollution Control Legislation of the
Federal Democratic Republic of Ethiopia, (unpublished) 2010, Addis Ababa University School of Graduated Studies College
for Development Studies p 11.
9
AHMAD, J., R.S. ABBAS AL-OMARI, Evaluation of traffic noise pollution in Amman and Jordan, Environmental Monitoring
and Assessment, 2006, 120, 499–525.
10
The constitution of the federal democratic republic of Ethiopia.proclimation No.1/1995. Federal negarit gazeta.1 styear,
No.1, Addis Ababa, 21st august, 1995 art 44 sub 1
11
Ibid 92 sub 1
12
Environmental pollution control Proclamation No. 300/2002. Federal negarit gazeta. 9thyear, No.12, Addis abeba,3rd
December,2002

3
proclamation is to prevent or minimize the undesirable pollution resulting from economic development through
appropriate measures.13

Sound as one competent of environment is included in the proclamation for its regulation. 14 EPA has a
responsibility to formulate standards for noise providing for the maximum allowable noise level taking into
account the settlement patterns and the availability of scientific and technological capacity in the country. 15

In addition the Advertisement Proclamation of Ethiopia provided as any advertisement causing sound pollution
through any sound magnifying machine, which does not comply with the sound limit set by the
appropriate governmental body as illegal.16 The criminal code of Ethiopia also considers the act as a crime.17

Despite the existence of various legal frameworks, governing sound pollution in Ethiopia there is a problem in its
implementation. The researcher has observed the practical problem in Mekelle city particularly kebelle 16. The
study area is suffering from noise pollution sourced from religious institutions, commercial shops, nightclubs and
advertisements. As tried to be investigated, there are various complaint lodged concerning the problem with no
practical solution proposed. Thus, it is paramount to assess the practice thereof.

1.4. Research question

What does the legal framework governing sound pollution in Ethiopia look like?

What are the main sources of sound pollution in the study area?

Do the sound pollution laws properly implement or not?

1.3. Objectives of the Study

1.3.1. General Objectives

The general objective of the research is to assess sound pollution in Mekelle city particularly in kebelle 16: The
law and practice.

13
Ibid
14
Supra note 7. art, 2 sub 10
15
Supra note 7. Art, 2(14)
16
Advertisement proclamation, proclamation No, 759/2012, Federal Negarit Gazette, 18th Year No. 59, Article 7 sub 6 and 7
17
The Ethiopian criminal code. proclamation No.414/2004, Federal negarit gazita ,9thyear, No.414, Addis abeba,9th may,
2005

4
1.3.2. Specific Objectives

To review the legal and institutional framework regulating sound pollution in Ethiopia

To identify the sources of sound or noise pollution in the study area

To assess the implementation of sound pollution laws in the study area

1.5. Significance of the study

This research by assessing the implementation in relation to sound pollution will give an important insight to
policy makers for evidence-based intervention. In addition, it creates awareness to the society in relation to their
environmental rights and the duty of government protecting it. It will also add to the scanty literature and research
works done in the area. and it help to increase the researcher experience and ability.

1.6 Scope of the Study

The scope of the study is limited to Mekelle city particularly to kebelle 16. Merit wise the study is limited to
noises sourced from religious institutions, commercial shops, nightclubs and advertisements.

1.7 Limitation of the Study

The researcher faced time and financial constraint while conducting the research.

1.8. Methodology of the Research

The research approach is socio-legal, which examines the legal regimes and the practice thereof. It, critically
scrutinizes the law and the practice, regarding sound pollution in Mekelle city particularly in kebelle 16. To that
end, the methodology used in this study is qualitative approach.

1. 8.1. Sources of Data

The primary data is collected from interview, observation and FGD. In addition, laws regulating sound pollution
in Ethiopia is used as primary source of data. As secondary data, journal articles, research dissertations, books and
websites are used to enrich the study.

1.8.2 Data Gathering Tools

The following data gathering tools are employed for the study.

5
 Semi-structured interview is carried out with respondents who work on environmental protection agency in
Tigray regional state.

FGDs are conducted to 8 respondents from the total population for the researcher the who reside in the study
area.

1.8.3. Sampling Method

The necessary data for the research is collected through purposive sampling and random sampling. Purposive
sampling is used to select the study unit for the research. Accordingly, Kebelle 16 is selected taking the level of
noise pollution in to account. Respondents to interview are also selected purposively from EPA experts
specifically concerned to pollution control. Random sampling is also employed to select respondents to FGD.

1.8.4. Sample Size

The sample size for the study is derived from the population. As such the population for the study will consist of
16,000 number of population. Individual respondents were used as well as the focus groups discussion was made.
made up of chiefs and opinion leaders of the communities, environmental officer Purposeful sampling will be
applied to select the following authorities to be part of the sample – the district officers, environmental and safety
and the Environmental Protection Agency (EPA). In all, 23 respondents were selected out of the target population
of a 16,000. 1 from the environmental officer,1 from the mekelle city administration office,1 from the mekelle
high court. generally interview is conducted with 3 number of experts purposively. in addition to this the
researcher was made interview individually with the 8 persons w ho lodges a claim against advertisements, 5
respondents from commercial shops,2 respondents from religious institutions. and also the researcher was made
FGD with 8 respondents on noise pollution emitted from nightclubs by using random sampling method. the total
population for the researcher would be 23.

6
1.9. Ethical Considerations

In the process of data collection due care is taken in order to make this work ethically sound. Respondent are
asked upon their full consent and they are informed, as, their contribution will be sought exclusively for academic
purpose. They were guaranteed that all their privacy issues will be secured based on their will .

1.10. Organization of the Study

This research paper contains four chapters. The first chapter is about the background and methodology of the
study. The second chapter provided a review of related literatures and laws; the third chapter is about the practical
assessment of sound pollution in Mekelle city particularly in kebelle 16. Finally, the last chapter is about
conclusion and recommendation.

7
Chapter two

2. Review of related literature

2.1. Concepts and Definition of Environment and Pollution

2.1.1. General overview on environment

Understanding the concept and defining environment is important for understanding the effects of pollution. It
is also important for our understanding the concept substantially affects our socio, economic, cultural and
political developments. Environment has no universally accepted definitions, and different scholars define it
differently.18

According to the Black’s law dictionary; -

“Environment is the totality of physical economic, cultural aesthetic and social circumstances and sectors, which
affects the quality of the people’s life.”

This definition is very broad because it sees environment from different perspectives. Environment has Physical,
economic, social and cultural circumstances, which have direct connection with the life of the human race.
Changes in each of them can affect the life of the human being. In addition to that, environment is totality of all
resources19.

When we come to Ethiopian legal system, the pollution control proclamation defined it as a “totality of all
materials weather in their natural state or modified or changed by humans, there external spaces and the
interactions which affect their quality or quantity. 20All naturally existing things such as forests, land, water, air,
and wildlife are part of the environment. It also includes those things made or modified by man. For instance,
buildings, dams, Fences are parts of the environment.

All naturally existing things or those things made or modified by man undergo complex interactions and such
interactions affect the quality or quantity of these things and the wellbeing of man and other species. That is to

18
MoLSA (ministry of Labor and Social Affairs, occupational health and safety training package Addis Ababa Ethiopia,
(May 2007)last visited 11/13/2018
19
Ibid
20
Environmental pollution control, proclamation number 300/2002,federal negarit gazeta, Year 9, No12,
December 2002, Art2 (6)

8
say, all component of the environment that make up the environment are interdependent and changed in one
of the factors affect the precious balance of nature.

2.1.2The concept of pollution

It is difficult to give a simple and comprehensive definition of the term pollution, for what constitutes pollution
at a given area may be different from other depending on the activities carried on and the type of pollutants
emitted from such activities or the natural events that occur. It is more of the relative concept as such. The term
pollution comes from Latin word pollutes which means made foul, unclean or dirty. 21However, many authors
define the concept of pollution more or less in the same manner. HelstonSpilhous, defines environmental
pollution as:-22“...An excess of anything that by its excess reduces of human life anything includes inanimate
material (solid, liquid, and gas) or animate material (insects, people, other or non-material excess (noise and
light). From the above definition, we understand, something in excess, which is not assimilated and recycled in
that system, is pollution in other words the existences of waste materials, which are beyond the capacity of the
environment to absorb it.

Proclamation No.300/2002 art2 (12) which define it as-

“Any condition which is hazardous or potentially hazardous to human health Safety, or welfare or to living things
created by altering any physical, radioactive, thermal, chemical, biological or other property of any part of the
environment in contravention of any condition, limitation or restriction made under this proclamation or under
any other relevant law. ”

From this definition, one can understand that pollution is the addition in to air, water, and land of any material
that changes the already existing state of the above components of the environments in excess of the normal
amount found there which goes beyond the limit made under any relevant environmental legislations of the
country.

Noise is usually defined as unwanted sound. Sound may be defined as any pressure variation (in air, water or
other medium) that the human ear can detect23.

21
P. Cunningham and w. saigo.Environmental Science, A Global Concern(3 rd.ed 1995) P,372 1
22
AthelstonSpilhousHarmony of man’s Industry and Living Space. The care mounts colleges. Clare- mount calitornia (1973),
p,3

23
PeersSocPsycho 1975; 32: 571-577. http://www.rbkc.com last visited 11/10/2018

9
Noise pollution” is the intrusion of unwanted, uncontrollable, and unpredictable sounds, not necessarily loud,
into the lives of individuals of reasonable sensitivities.24

The above definitions indicate, noise/sound pollution is unsuitable for peoples or persons and it causes health
problems, and it is not at its place even not at its exact time to emit to the environment, for instance, an emit
ion of more than enough sound to the environmental at school, service center, at residence houses and the like
is not acceptable by the people and not only unwanted but also it is against the health of human beings.
According to the Ethiopian standard on noise pollution, sound pollution is;

“Any condition which is hazardous or potentially hazardous to human health Safety, or welfare or to living things
created by altering any physical, radioactive, thermal, chemical, biological or other property of any part of the
environment in contravention of any condition ,limitation or restriction made under this proclamation or under
any other relevant law. ”

From this definition, one can understand that pollution is the addition in to air, water, and land of any material
that changes the already existing state of the above components of the environments in excess of the normal
amount found there which goes beyond the limit made under any relevant environmental legislations of the
country.25

2.2 Sources of Sound Pollution

2.2.1Industrial noise pollution

It caused when the different industries are processed, such as, petrochemical process, cement factory process,
steel industries, thermal power generations, different mining sound pollutions, those and other industrial sites
are causes for ousted excessive sound which can hurt humans this will be cased when the workers exercise
different activities like logistics move from one place to another by bigger trucks, when they use dynamite to
demolish huge cliffs, when they crack mountain and so on they create more than enough and unhealthy sound
pollution for human beings26.

2.2.2 Non-industrial noise pollutions

2.2.2.1 Road traffic noise

24
AIHA (American Industrial Hygiene Association (2001). Noise Manual, 5th ed
25
environmental Pollution Control, Proclamation No. 300/2002, Federal Negarit Gazette, 9th Year No. 12, Addis Ababa,
12th,augest 2002. Article 6 sub d

26
Zenith Kasha, Evaluation of Noise Pollution in Educational Institutions of Addis Ababa (2014) MA Thesis available on
etd.aau.edu.et/bit stream/12/.../1/thesis%20compiled.pdflast visited 10/10/2018

10
Under road traffic noise pollution, we can refer so many kinds of sound pollution from the sound of cart to the
very huge kinds of vehicle. Each kind of traffic activities on the road are categorized under this type of
classification.27

2.2.2.2Rail traffic noise

Under rail traffic noise pollution, there are different voice which can hurt human ear like diesel Exhaust, engine
and air intake, cooling fans, wheel-rail interaction, electric generator and electric traction motor, miscellaneous
noise generated in freight and passenger cars are the major ones. The above examples and others in air traffic
noise have very essential or great role to make the people disturbance and frustrated. Especially military jets are
very frustrated human beings and have high sound pollution than the private/public passengers. Even if, military
jets and helicopters are necessity for security, however, their sound is very disturbance for schoolchildren, and
elderly people in particular as well as adults in general28.

2.2.2.3Residential and community noise

In everyday activities different types of sound that exerted from different types of jobs for instance; garage,
microphone, and the like29.

2.2.4Natural sources of noise pollution

Under this category, there are so many sources of sound pollution naturally and out of human being control. For
instance, lightening, earthquake, faulting, earth cracking, thunder, volcano eruption, ocean sounds like
hurricane, typhoon, cyclonic, and the like, which are gifted/ forced naturally .30

2.3. Effect of Sound Pollution

Sound pollution affects human beings negatively. It affected the general health and their hearing power. When
we say general health they may affected all parts of their body for instance, brain each, tension/pressure,
disturbance of nervous systems and the like are general health problems. When we say hearing power

27
science Cunningham, W, and Sago, B, Environmental science : A Global concern, (W.M.C Brown publishers, 3rded ., library,
A.AU. 1995

28
Tisanes Tadesse, challenges for the effective implementation of the environmental pollution control legislation of the
FDRE
29
MoLSA (ministry of Labor and Social Affairs, occupational health and safety training package Addis Ababa Ethiopia, May
2007 last visited 11/13/2018
30
Id

11
problems, when there is high sound pollution for instance high explosive sounds like military weapons, dynamite
for construction, different types of thunders and the like can break eardrum and the general part of internal ear
body will be affected. Especially anxiety and stress are very problematic for human being and they caused by
highly sound pollution in our environment. In addition to this, it may increase the heart rate, decreased output,
constriction of vessels and impaired vision. In case of animals, it can affect the heart, liver and brain 31.

When human beings are exposed for 90decibels level of noise continuously they are exposed to different kind of
health problems.32 The following are some of common impacts of sound pollution: 33
Auditory effects, speech
interference, sleep interference, behavioral effects, general annoyance, and loss of working efficiency,
emotional and personal logical effects34.

The effect of sound pollution at this time is at its alarming time in related to the increase of population, spread
of urbanization, increasing of industries, and different types of technologies, and increasing of entertainments
etc. Above all, high sound pollution is anti-calm and makes cities calm less and disorder.

The WHO standard recognizes the effects of sound pollution on human health like, speech interference, sleep
interference, behavioral effects, general annoyance, and loss of working efficiency, emotional and personal
logical effects35. The World Health Organization has documented seven categories of adverse health effects of
Noise Pollution on humans.

Hearing impairment: Hearing damage is related to duration and intensity of noise

Exposure occurs at levels of 80 db or greater, which is equivalent to the noise of heavy truck traffic. Children
seem to be more vulnerable comparing to adults.

Interference with spoken communication: Noise pollution interferes with the ability to comprehend normal
speech and may lead to a number of personal disabilities, handicaps, and behavioral changes. These include
problems with concentration, fatigue, uncertainty, lack of self-confidence, irritation, misunderstandings,
decreased working capacity, disturbed interpersonal relationships, and stress reactions.

Sleep Disturbances: Uninterrupted sleep is known to be a prerequisite for good Physiological and mental
functioning in healthy persons. Noise pollution is a major cause of sleep disturbances. Apart from various effects

31
KalkidanYibeltal, African Commentary, Noisy Addis Ababa July 26, 2014
32
Ibid
33
Wudyalew Tadesse , Noise level survey in Akaki Textile Factory senior paper presented to physics Dept. Addis Ababa
University (unpublished), 1991
34
Ibid
35
Ibid

12
on sleep itself, noise pollution during sleep causes increased blood pressure, increased heart rate, increased pulse
amplitude, vasoconstriction, cardiac arrhythmias, and increased body movement. These effects do not decrease
over time. Secondary effects include fatigue, depressed mood and well-being, and decreased performance.
Combinations of noise and vibration have a significant detrimental effect on health, even at low sound pressure
levels.

Cardiovascular Disturbances: A growing body of evidence suggests that noise pollution may be a risk factor for
cardiovascular disease. Acute exposure to noise activates nervous and hormonal responses, leading to increased
blood pressure and heart rate and to vasoconstriction. If the exposure is of sufficient intensity, there is an increase
in heart rate and peripheral resistance; an increase in blood pressure, and increased levels of stress hormones.

Disturbances in Mental Health: Noise pollution is not believed to be a cause of mental illness, but it is assumed
to accelerate and intensify the development of latent mental disorders. Noise pollution may cause or contribute to
the following adverse effects: anxiety, stress, nervousness, nausea, headache, emotional instability,
argumentativeness, and sexual impotence, changes in mood, increase in social conflicts, neurosis, hysteria, and
psychosis. Children, the elderly, and those with underlying depression are particularly susceptible to these
effects.36

Impaired Task Performance: The effects of noise pollution on task performance have been well studied. Noise
pollution impairs task performance, increases errors, and decreases motivation. Reading attention, problem
solving, and memory are most strongly affected by noise. Noise produces negative after-effects on performance,
particularly in children; it appears that the longer the exposure, the greater the damage.

Negative Social Behavior and Annoyance Reactions: Annoyance is defined as a feeling of displeasure
associated with any agent or condition believed by an individual to adversely affect him or her.

2.4 The experience of different countries on Noise/sound pollution

2.4.1Indian experience

Indian peoples are not awarded as like as the Ethiopian people’s about the problem of sound pollution. The
most Indian people do not think sound is pollutant agent and as it is problematic for their health. However, later
on, noise pollution has been recognized as problem for Indian peoples by the Indian government. India is the
second most populous nation in the world; hence, this great population has its great effect in an increasing of
sound population in that nation in general and in the individual citizens in particular. Especially, unawareness of
the population made the result of sound pollution difficult in Indian nation. Why because of if the community of
36
ibid

13
nation is not awarded in sound pollution it is adversary/reactive to claim for interest and to stop the pollution
and by means of this the legislators being negligent towards the law, because if there is not any claim judge
should not claim to you or not told you as your right is violated. In order to reduce the effect of sound pollution
and to make awareness towards the Indian people the New Delhi ratified Environmental Protection Act 37.

Sound pollution in India is framed under the Environment Protection Act 1986. After the ratification of this law
in India, sound/noise pollution is offensive. Even if, there were lack of awareness towards the sound pollution in
Indian people the 1986 Environment Protection Act. The great number of Indian people and being emerging
country, India aggravated to the high sound pollution effect, in addition, the community of Indian people is not
awarded towards sound pollution. Most developing countries like India their policy gives focus for productivity
than safety of citizens why because of productivity for developing nations is very necessity than safety as a result
Indian government has not focused towards sound pollution before the ratification of Environmental Protection
Act law in India. However, at this time, there is an awareness creation program towards the people and there
are some cases about the sound pollution.38.

India Day Day Night

Industrial 75 70

Commercial 65 55

Residential 55 45

2.4.2 United States experience

Noise pollution control in U.S.A is divided at federal level and at state/local level. The federal government as its
power regulates transportation, workplace activities, and certain types of machinery 39.In USA sound pollution
laws there is power sharing between the federal government and the state/local government to regulate sound
pollution as like as the power sharing style of FDRE constitution, even if, Ethiopia has not strong regulation
40
towards sound pollution as USA. Federal government in USA regulate its power in some selected or under its
power such as some transportations that are given to the federal government. Relatively it is strict when we

37
Taylor, S.M. A path model of air craft noise annoyance, sound and vibration 1984 , 92(2) , pp. 243-260
38
Ibid
39
Atmaca, E., Paker, I. & Alton, A (2005), Industrial noise & its effect on humans. Polish Journal of Environment 14(6),
40
. Van Renter hem, T., Bockstael, A., De Weirt, V., Botteldooren, D. (2013) Annoyance, detection and recognition of wind
turbine noise

14
compare with other countries at least in awareness level. 41 Division of regulation at federal level and state level
is important to making decision as well as taking accountability42.

Division of sound pollution or categorization of regulation between federal government and state governments
is very effective and fruitful to control the sound pollutants as well as to made them liable and to safe children
and aged persons from different types of health problem. United States of America has also standard of sound
level to control and to punish for the pollutants as principle. Even if, in practical, there is weakness of execution
and implementation but relatively the US sound pollution regulation is strong if somebody claims his right. At
least the strategy and the policy towards sound pollution are in its place.43.

2.4.2.1Environmental Protection Agency

EPA is an environment protection agency in U.S.A, it is an agency throughout the America, and it is as guard for
the pollution victims as well as charging for pollutants in United States of America. The EPA has different types
of standards for different sources of noise pollutions in United States44.

2.4.3 Sound pollution in Germany

In Federal Republic Germany motor vehicles, trains, aircrafts, industrial, and commercial facilities are the
fundamental or main sources of noise pollution. The effect of sound pollution is health risks towards the society,
even if, there is regulation law and in its improving stage in Germany, by means of, sustain growth of in traffic
exposure of traffic noise is at its alarming rate today in Germany45.

2.4.3.1 Noise mapping and noise action plans

Federal Emission Control Act is an institution to control sound pollution in Germany. It was umbrella to noise
mapping and noise action plans. The above action plans and mapping of noise are to avoid or reducing to stop
the alarming increase of sound/noise pollution specially traffic pollution in Germany in some areas: measuring
46
against; Traffic noise, aircraft noise, rail way noise, noise from industrial and commercial installations,
neighborhood noise, noise from and leisure activities.47

41
American Jurisprudence, vol 61 (Neulyok 1972), p.822

42
Ibid
43
Ibid
44
ibid
45
Van Renter hem, T., Bockstael, A., De Weirt, V., Botteldooren, D. (2013) Annoyance, detection and recognition of wind
turbine noise
46
ibid
47
. C. Stern. C. Wohler’s. W. Boubel and p. Lowery. Fundamentals of Air Pollution (1973), p. 50

15
2.4.3.2 Noise mapping and noise action plans

This was established at federal government level in the Federal Emission Control Act in Germany, and it is very
effective and fruitful to protect noise pollution in. This strategy is amid at transposed the new directives to the
main Germany law. This is to drawn up noise maps to different sectors that are in needing of action plan for
noise pollution areas.” Based on these noise maps, noise action plans will be elaborated in consultation with the
public. They are intended to avoid or mitigate environmental noise and to prevent an increase in noise for
quieter areas”48.

2.4.3.3 Measures against noise from industrial and commercial installations

The Federal Emission Control Act and the Technical Instructions on Noise Abatement (TA Lärm) those
instruments are to save the German people from high sound of commercial institutions. Those institutions give
lessons before someone taking his/ his license to work in commercial activities not to disturb the community by
released highly sound to the environment49.

2.4.3.4 Measures against neighborhood noise

The Federal Environment Ministry is responsible in Germany as well as at EU level to advocate and regulate high
sound pollution from residents to their neighbors. It is advocator to establish new technology and new values
for sound pollution in Germany and in EU and gives rewards, incentives for the communities who are used low
volume noise or sound in the environment50.

2.4.3.5 Measures against noise from sports and leisure activities

The Federal Emission Control Act and the Ordinance on Protection against Noise from Sports Facilities are
responsible for the high sound pollution that releases from sport places and leisure activities. It takes in to
consider local regional activities unlike the above institutions.51

48
Andringa, T. C., &Lanser, J. J. L. (2018). How pleasant sounds promote and annoying sounds cognitive approach.
International Journal of Environmental Research and Public Health
49
Ibid
50
Ibid
51
. United Nation, The Law of the see (1982) p, 2

16
 2.4.3.6Trial and commercial installations, neighborhood noise, noise from and leisure activities,
Noise has been defined as an unwanted or harmful sound created by human activities 52. This includes noise
emitted from workplace, means of transport, commercial and industrial activities 53. Noise pollution doubles
every year along with the progress of society and industry 54. In urban areas, the problem of noise pollution is
ranked to be third next to air and water pollution 55. A lot of research findings showed that noise pollution might
causes an adverse impact on human health that range from annoyance to insanity and death 56.

It is believed that noise exposure with a level of 80 decibels (A) for 8 hours per day damage hearing 57. In
addition, high level of noise causes sleep disturbance, interfere with speech comprehensions, hypertension and
heart diseases also major cause of high sound volume 58.In the developed world like Europe and America, a lot of
measures have been taken to minimize the problems resulted from noise. These actions include issuance of
noise pollution control legislation/act, regulations and adoption of noise policies 59. Sound pollution is very
dangerous for human beings. For instance, it may cause to ear deaf, brain disorder, upset human beings rest
time and it may also have led them to internal disorder, so that in order to dry them from their basic roots
knowing the wideness of noise and making recommendation for its solution is the main aim of the study.

2.5Sound/Noise Pollution in Ethiopia

2.5.1. Legal framework

2.5.1.1FDRE Constitution

Pursuant to article 44 of the FDRE constitution, all persons have the right to live in a clean and healthy
environment.60Furthermore the constitution imposes duty to the government to endeavor to ensure, all
Ethiopians live in a clean and healthy environment. 61 These provisions give a very paramount picture about the
stand of Ethiopia towards environmental protection.

52
AndualemMekonnen and SeyoumLeta, Spatial Variation of Noise Pollution Level in the Main Commercial Center in Addis
Ababa, Ethiopia International Journal of Environmental Sciences Vol. 3 No. 4. 2014. Pp. 175
53
Ibid
54
Ibid
55
ID P.177
56
AndualemMekonnen and SeyoumLeta, Spatial Variation of Noise Pollution Level in the Main Commercial Center in Addis
Ababa, Ethiopia International Journal of Environmental Sciences Vol. 3 No. 4. 2014. P. 185
57
Ibid
58
ID PP. 188-190
59
Ibid
60
The constitution of the federal democratic republic of Ethiopia, 1st year No.1, federal Negarit Gazette, 21st august, 1995
Article 44 sub 1
61
Ibid 92 sub 1

17
Sound is included under the category of environment; thus the government is duty bound to control pollution
which emanates from excess release of sound.

2.5.1.2 Environmental Pollution Control Proclamation No. 300/2002

This proclamation was enacted with the aim to achieve the environmental policy goals. The main reasons behind
enacting the proclamation include;

Some of the social and economic development endeavors may be capable of causing environmental impacts
that might be detrimental to the development process itself

The need to protect the environment in general and particularly safeguard human health and well-being,
preserve the biota and maintain an untainted aesthetics is the duty and responsibility of all; and

It is essential to prevent or minimize the undesirable pollution resulting from economic development through
appropriate measures.

The proclamation imposes the duty on all persons, whether natural or artificial, of not polluting the
environment. Neither can they cause any other person to pollute the environment. So it is everyone’s duty to
not to pollute and protect the environment. Furthermore, the proclamation gives the power to environmental
authorities that whenever the need arises they can require any project to install a sound technology that avoids
or reduces, to the minimum, the generation of waste and, when feasible, apply methods for the recycling of
waste. And in cases when any activity poses a risk to human health or to the environment, the authorities can
take any necessary measure up to the closure or relocation of any enterprise to prevent the harm. In relation to
sound, EPA has a responsibility to formulate standards for noise providing for the maximum allowable noise
level taking into account the settlement patterns and the availability of scientific and technological capacity in
the country.62The article provides for collection, transportation, treatment (including recycling) of municipal
waste.63 The Environmental Protection Authority shall formulate "practicable" environmental standards based
on scientific and environmental principles. 64 These standards deal with discharge or effluent wastewater and
sewerage, air quality, subsoil, noise and waste management. 65 The Environmental Pollution Control
Proclamation also incorporates another governing rule in relation to noise standard; this proclamation gives

62
Environmental Pollution Control, Proclamation No. 300/2002, Federal NegaritGazzete, 9th Year No. 12, Article 6 sub d
63
Ibid
64
Ibid
65
Ibid

18
recognition to WHO standards: it is international standard, which is recognized by the WHO as a moderate
standard. 66

Category of Area Upper limit of Permissible Noise in decibels

Day time Night time

Industrial 75 70

Commercial 65 55

Residential 55 45

Noise standard for motor vehicles

Vehicle type maximum permissible noise level

Two wheelers (petrol driven) 80

Three wheelers, all petrol driven passenger’s cars and two wheelers 82

Passengers or light commercial vehicles fitted with diesel engine with gross 85

Vehicle weight up to 4000 kg

Passenger or commercial vehicles with gross vehicle weight above 4000 kg and 89

Up to 1200 kg

Passenger or commercial vehicles with gross vehicles weight above 1200 kg 91

Accordingly, the EPA has set 75 decibels (dB) for industrial areas, 65 and 55 dB for commercial zones and for
residential districts respectively during day time, whereas 70, 55, and 45 dB respectively for industrial,
commercial and residential areas is the limit during night time. DB is a symbol for the measurement of sound
pollution/ sound volume, which means decibel.67

2.5.1.3Advertisement Proclamation Number 759/2012

66
Taylor, S.M. A path model of air craft noise annoyance, sound and vibration 1984, 92(2), pp. 243-260

67
WHO, standard for noise limits, p.30

19
In accordance with article 7 sub articles of advertisement proclamation, sound pollution is not moral as well as
its illegal. Advertisement that instigate an action that could endanger the physical or mental health and
security of the people68 and advertisement causing sound pollution through any sound magnifying machine,
which does not comply with the sound limit set by the appropriate governmental body. 69These kind of
advertise is not morally acceptable and legally lawful.70

2.5.1.4 The Ethiopian civil code

Under Article 1225 of, the civil code sound pollution is regulated under some conditions by stipulating nuisance
weather public or private.71sub article 1 of the same article indicate that the owner shall not cause nuisance or
damage to his neighbors and article (2) in the same provision states prohibition of causing smoke, soot,
unpleasant smells, noise or vibrations in excess of good neighborly behavior so, the causing of noise and
vibration is related with regulation of sound pollution. 72 According to this article any person who has a property
cannot released high amount of sound/noise towards his/her neighbors and shall not cause nuisance why
because of this is against the good neighborly behavior so this leads to liability by the law. Any noise pollutions
which are not unpleasant to the neighbors the neighbors who were worried by the high amount of noise, they
can sue the individual or government and can stop the action or he/she can claim compensation from the
pollutant body, however , most of the time the people not worried as such other type of pollution. 73

2.5.1.5The Ethiopian criminal code proclamation No.414/2004

The Ethiopian criminal code under article 815 sub art 1&2 states that whoever disturbs the work, rest or
tranquility of others, in particular by brawls and warn glares, shouts, songs, vociferation or the pores, signals,
calls or the ringing of bells or by the abuse of noise instruments, apparatus, machines or other noisy producing
articles will be punished in money terms. 74Sub article 2 further regulates that if the noise or disturbance is
caused at night as defined in the police regulation or by custom, or is willfully caused in the vicinity of hospitals,

68
Advertisement proclamation No. 759/2012.federal negarit gazeta,18 years, No.59, Addis Ababa, 27 th august, 2012, Article
7 sub 6 and 7

69
Ibid sub 7
70
Ibid
71
Civil code, Proclamation No. 165 Of J960, Federal Negarit Gazette Extra Ordinary Issue, 19th year No. 2 Article 1225
72
Ibid
73
Ibid
74
The Ethiopian criminal code. Proclamation No. 414/2004. Federal negarit gazeta.9th year, No.414, Addis abeba,9thmay,
2005.art 815(1&2)

20
schools, or similar institutions. If it causes in deliberate manner, the court may impose fine, arrest not
exceeding one month.

2.5.2.Institutional framework

But currently after 2015 G.C, change on institutional arrangement is made where the federal environmental
protection authority is established at a ministry level with the name, environment, forest and climate change
ministry. So from this time onwards the organs who implement the proclamations become the ministry of
environment, forest and climate change at a federal level.

21
Chapter Three

3. Sound Pollution Laws and Its Implementation in Mekelle City

3.1. Brief Description of the Study Area

Mekelle city is the capital city of Tigray region and it is located in the northern part of the region. Mekelle city is
sub divided in to 7-woreda administration. Currently, the total population of the city is estimated to be 447,166
consisting of 22, 9801 women’s and 217365 men’s. 75 From those, 90.8% of the populations are followers of
orthodox religion, 8.3% Muslims, 0.5% catholic and 0.3% protestant. 76 In addition to this, the city consist around
340 governmental and nongovernmental industries. The total area of the city is around 112.21 km. Mekelle city
is one of the cities at the boom of development ladder in Ethiopia. In mekelle city most residential areas are
located near the busy places such as bus-stand, market area, busy roads, including church, mosque, night clubs,
bars and restaurants…etc., which have come lately, but contributed a high level of noise pollution. Even though,
currently there is a high endeavor to change the old picture of the city, by clearing the slum areas of some parts
of the city, by either redevelopment or other mechanisms, still the problem is mounting from time to time.

Kebelle 16 is one of the boroughs' in Mekelle city, which have nearly 16,000 number of population. The study
area exposed to numerous sources of noise pollutions compromises catholic churches coupled with new
business centers such as bars and nightclubs.

3.2. Respondents Characteristics

Data was collected from two major categories of respondents. These comprise; experts and respondents who lives
in kebelle 16.

The detail characteristics of all respondents are mentioned below.

Characteristics of focus group discussion participants

75
Interview with w/rohrittesfay, secretary in the mekelle city administration office, brief description of the study area,
(mekelle, and Oct 12, 2018).
76
Ibid

22
 S Age Educational background
ex
F M 18-30 30- 45- Illiter 1-8 8-12 Dip Degree
45 above ate Loma
8 15 15 6 2 3 10 7 3

Describe

The above table1 shows that 79.5 % of respondents are male (n=15), female respondents

19% (n=8 or %) and also, The above table states that most of the respondents are in the age category of
greater than 18-30 years old (n=15 or %), closely followed by the age category of 31-45 (n=6 or %),this
followed by the age category of 45(n=2 or %). The result reflects that most of the respondents 75% (n=84)

fall in the age 18 and above years old. The above table 1 indicates that the sample mainly comprises of
education level category of8-12 (n= 10or % ), followed by respondents that hold diploma (n=7 or % ) and by
respondents that hold degree (n=3 or %) .The result indicates that diploma and above respondents holds
(n=10or %) Qualified personnel have an ability to identify and evaluate easily what is happening in the
community residential area in a knowledgeable manner.

Table 3.3 Characteristics of Key Informants

No Interview In number Position Sex

participants
M F

1 Mr. welday 1 Supervisor of environmental protection M

brhane authority

23
 2 w/ro hrit tesfay 1 Secretary in mekelle administration office F

3 Mr.ayele tesfay 1 Public prosecutor in mekelle high court M

Source: Researcher’s own Surve

As indicated in the able above, interview is conducted with a total population of 4 experts purposively. In
addition to this the researcher was conducted interview with the 12 number of respondents who lodges a claim
before the court of law.

ss3.3.Main Sources of Sound Pollution and Their Impact in the Study Area

3.2.1. Main Sources of Sound Pollution in the Study Area

As per the focused group discussion that I conduct with the residents of Mekelle city; four sources are found as
main polluters that are adversely affecting the right of resident to live in clean and healthy environment. These
are:

Religious institutions: The institution is established to give spiritual service. The institution is known for their
sound disturbance mostly at night and in the morning.77

Commercial shops: Most shops in the city have their own speaker and because of their speakers their
disturbance is seen through ought the day. As a result, when individuals are walking on the street mostly they
found it difficult to talk with each other.78

Nightclubs: They cover significantly a higher rate for the existence of sound pollution in the city. Most nightclubs
start their work 3:00 pm in the evening and stay overnight. Thus, Residents living in the area are disturbed by
the music played loudly in these clubs. The residence homes, which are found near to such clubs, are the one,
which are mostly affected by the disturbance.79

Advertisements: When most government, religious, private institutions want to conduct an advertisement in
the city they use speaker and can increase the volume unlimitedly that causes disturbance to the society.

77
Interview with 17 respondents, sources of sound pollution in mekelle city,(mekelle, and oct.2018).
78
Ibid
79
Ibid

24
3.4 Impact of Sound Pollution on human health in Mekelle City particularly in kebelle 16

From focus group discussion conducted with resident of the study area, the following impacts are recognized by
the society. Even though, there is no tangible evidence as to their existence, the residents mentioned they are
sure these impacts will be manifested through time. It is mentioned sound pollution affects the hearing power of
our ear and subsequently all parts of our body. Hearing problems are caused mainly from high volume sounds
from explosion of military weapon, dynamite for construction, thunders, and high volume speakers. It has
serious impact on nervous system and psychological makeup of human beings. It causes brain damage;
tension/pressure, disturbance of nervous system and other similar problems. In addition, it increases the heart
rate, decreased output, constriction of vessels and impaired vision. .

3.4 Factors for the Existence of Sound Pollution in Study Area

3.4.1 Gaps on the Enforcement of the law

The Government of the Federal Democratic Republic of Ethiopia (FDRE) has established a comprehensive
environmental policy in 1997. The overall policy goal was aimed to improve and enhance the health and quality
of life of all Ethiopians. The policy sets the following objectives and principles among others. Environmental
issues are recognized under the FDRE Constitution (1995) in Articles 44 and 92proclaims that all citizens shall
have to live in clean and healthy environment. Government and citizens shall have a duty to protect the
environment.

Ethiopia has also endorsed a legislation to control noise pollution. The Ethiopian Environmental Pollution Control
Proclamation No.300/2002, effected on December 3, 2002, consists of 22 articles divided into six parts has
identified noise as a serious waste that should be managed through legal aspects.

According to Article 5 of the proclamation, noise is listed as one of harmful wastes that are prohibited. The article
provides for collection, transportation, treatment (including recycling) of municipal waste. The Environmental
Protection Authority shall formulate "practicable" environmental standards based on scientific and environmental
principle.

In addition to that, according to the Criminal Code of the Federal Democratic Republic of Ethiopia of 2005
provision article 815, sub article 1&2 it prohibits the act of sound pollution. It States that whoever disturbs the
work, rest or tranquility of others, in particular by brawls and wranglers, shouts, songs, vociferations or uproars,
signals, calls or the ringing of bells, or by the abuse of noisy instruments, apparatus, machines or other noisy
producing articles will be punished in money terms. In article 2, it further regulates that if the noise or disturbance
is caused at night as defined in the police regulations or by custom, or is willfully caused in the vicinity of

25
hospitals, schools or similar institutions, if it is caused in deliberately mischievous manner, the court may impose
fine arrest not exceeding one month. Besides, at Federal level, there are laws and regulations of Environmental
Pollution Control and Environmental Impact Assessment Proclamation, which address noise pollution.

Under Article 1225of, the civil code sound pollution is regulated under some conditions by stipulating nuisance
weather public or private.80sub article 1 of the same article indicate that the owner shall not cause nuisance or
damage to his neighbors and article (2) in the same provision states prohibition of causing smoke, soot,
unpleasant smells, noise or vibrations in excess of good neighborly behavior so, the causing of noise and
vibration is related with regulation of sound pollution. 81 According to this article any person who has a property
cannot released high amount of sound/noise towards his/her neighbors and shall not cause nuisance why
because of this is against the good neighborly behavior so this leads to liability by the law. Any noise pollutions
which are not unpleasant to the neighbors the neighbors who were worried by the high amount of noise, they
can sue the individual or government and can stop the action or he/she can claim compensation from the
pollutant body, however , most of the time the people not worried as such other type of pollution. 82

As per interview conducted with Mr Welday, brhane who is the supervisor of the environmental protection
authority in mekelle city the main reason for the problems of sound pollution in the study area is the gab on the
enforcement of laws. In Ethiopia, there are different anti-noise laws. Even though there are laws on sound
pollution but there is gap on its enforcement. It is mentioned as the main reason for the weak enforcement of
sound pollution in the study area is the absence of machines DB that helps to measure the extent of sound, which
is emitted from religious institutions, bars, advertisements and commercial shops. In addition it is mentioned, the
agency focuses priority on pollutions that arises from other sources like, solid waste , discharge of chemicals to
air, water and others. This is because the impact of these type of pollution are more direct comparing to impacts
of sound pollution. when we see compliant in relation to pollution, the complaint that came as a result of sound
pollution has the lesser weight. This indicates the public give lesser weight towards sound pollution.

3.4.2. Weak Institutional Integration

The relationship among considerable institutions to mitigate and regulate sound pollution is weak. As it is
known, the government has a duty to protect the society and the environment. The protection of environment
needs the integration of appropriate stakeholders. In relation to protect environment with specific emphasis to
sound, appropriate stakeholders , urban house planning, environmental protection authority bureau,bureau,of
affair association, municipality.
80
Civil code, Proclamation No. 165 Of J960, Federal Negarit Gazette Extra Ordinary Issue, 19th year No. 2 Article 1225
81
Ibid
82
Ibid

26
In addition, unlike the pollution control proclamation which imposes duty on the Authority or relevant Regional
environmental agency to take an administrative or legal measure against a person who, in violation of law,
release any pollutant to the environment, the regional environmental agency have not taken any measures until
now to control sound pollution.

3.4.3. Lack of Awareness

As per the focus group discussion conducted, residents are not aware of their right in relation to environment
and the duty of government in protecting it. Specifically in relation to sound pollution, residents are not aware
of the existing laws and considered as it is everyone’s right to use higher level of sound volume. Due to this
residents don’t lodge complaint to responsible organs.83

3.4.4. Poor Urban Planning

This is the main and the worst cause of sound pollution in Ethiopia. It is the fundamental or the main cause for
all kind of sound pollution why because the sound pollution in Ethiopia mostly are coming from the bad or poor
urban planning. There is no good planning to differentiate or separate the sound releasers as well as the non-
releasers. In Ethiopia industries, religious institutions, entertainments, health centers, courts are in the same
place. Thus, this planning is the sources of all kinds of noise pollution in the study area. In this regard, I try to
interview the respondents, and they state that there is poor urban planning which did not consider the interest
of the society. Since the government permits the religious institution, bars, nightclubs and commercial shops to
work together. The reason why respondents state this as a defect is, since the government gives a license and
permits to exercise their works on the stated area without considering the adverse effect of the sound pollution
on the peoples who live on that area.84

3.4.5. problem in penalizing the act

There is no any case opened by the public prosecutors for the violation provided under the advertisement
proclamation.85 There is also no suits opened on the violator of nuisance law weather its public or private. 86
83
Ibid
84
Interview with 20 respondents, sources of sound pollution in mekelle city,(mekelle, and oct.2018).
85
Interview with ato ayale tesfay, public prosecutor mekelle high court, files opened on noise pollution cases,(mekelle, and
oct 10,2018).
86
Ibid

27
There are some complaints, which are raised against churches to lower their voice, against mosques to lower
the voice down and bars. But as per interview conducted with Mr.welday Brhane, even though there are
individuals who lodged complain against churches and mosques in the study area, it become difficult to employ
measure since there is no instruments or machines that measure the extent, noise emitted from the churches,
mosques, and bars. The EPA gives simple warning to those pollutants against whom claim is lodged. Because in
the absences of machine no one can be punished.

Chapter Four
4. Conclusion and Recommendation
4.1 Conclusion
Ethiopia has laws that regulate sound pollution that stretches from the FDRE constitution up to the Environmental
Protection Authority proclamation No 300/2002; however, they are not comprehensive laws. Even if, there is law
to govern the sound pollution, but it is of paper value that is, it is not effective when compared with the sound
pollution problem or effect at ground specifically in the study area.

Religious institutions, commercial shops, nightclubs and different kinds of advertisement are the major source of
sound pollution in the city. Moreover, lack of standard regulation, weak integration among the government
institutions to stop noise pollution, and the like are challenges of mitigating sound pollution in the city.

Finally, even if, sound pollution in Ethiopia is at its alarming rate, however, the awareness of the society towards
the noise pollution is weak. Lack of effective enforcement of laws on sound pollution, poor urban planning, loose

28
integration among the environmental protection institutions, are the main hindrances to reducing noise pollution
in the study area.

4.2Recommendation
The environmental protection authority should formulate and develop the sound regulation standards to
implement the primary legislations

Creation of awareness towards Mekelle city people about the destructiveness of sound pollution is the necessary
one. The government also needs to motivate to the peoples how to ensure their rights, when there is sound
pollution against them and how to stop that sound pollution and how to claim compensation these should be made
by the tigray regional state Environmental protection authority. The tigray regional state should create,collect,and
distribute information and resources regarding noise pollution in order to make awareness to the people found in
the study area. Establish networks among environmental, professional, medical, governmental, and activist groups
working on noise pollution issues for elimination or at least minimization.

The religious institutions particularly and any other sound pollutants in generally should reduce their high release
of sound to the environment and use sound filtration instrument, here the government should control them to do
so based on reasonable standard.

Although we have sound pollution laws here and there, however, it is not enough to stop and reduce the alarming
sound pollution in Ethiopia. So the legislators should draft all inclusive sound pollution proclamation that can be
standing by itself out of environment pollution.

The plan of cities should separately plan and organize the sound producer institutions from the non-sound
producer’s institution, accordingly especially residential areas should be given attention to be free from any sound
pollution.

29
The existing rules and regulations to reduce noise levels in the residential area should be enforced and
implemented by EPA; rules simply should not be symbolic.

Bibliography

Legal materials

Laws

Local laws

The Ethiopian Civil code. Proclamation No. 165/1960. Federal Negarit Gazette.19th year, No.2, Addis abeba,5th
may, 1960

The constitution of federal democratic republic of Ethiopia No.1/1995. Federal negarit gazeta.1 st year, No.1,
Addis abeba,21st augest,1995

The Ethiopian criminal code.proclimation No.414/ 2004.federal negaritgazeta. 9 th year,No.414,addis abeba, 9th
augest,2005

Advertisement proclamation No. 759/2012.federal negaritgazeta, 18 year,No.59, Addis abeba, 27 th august, 2012

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environmental Pollution Control, Proclamation No. 300/2002, Federal Negarit Gazette, 9 th Year No. 12, Addis abeba,
12th,augest 2002.

International laws

The WHO standards for noise limit,p,8

Books

AIHA, American Industrial Hygiene Association, 5th ed. (noise manual press, 2001),p,9.

Andringa, T. C., & Lanser, J. J. L. (2013). How pleasant sounds promote and annoying sounds cognitive
approach. International Journal of Environmental Research and Public Health, 7 thed,(press, 2004)

Taylor, S.M, A path model of air craft noise annoyance, sound and vibration 1984, 92(2) , pp. 243-260

Journal

Andualem Mekonnen* and Seyoum Leta, ‘’Spatial Variation of Noise Pollution Level in the Main Commercial
Center in Addis Ababa, Ethiopia,’’ International Journal of Environmental Sciences, Vol. 3, No. 4(2014),p,353.

Tesfanesh Tadesse, Challenges for the Effective Implementation of the Environmental Pollution Control
Legislation of the Federal Democratic Republic of Ethiopia A Thesis submitted in partial fulfillment of the
requirements of Master of Arts Degree in Environment and Development, Addis Ababa University School of
Graduated Studies College for Development Studies.

Wudyalew Tadesse , Noise level survey in Akaki Textile Factory senior paper presented to physics Dept. Addis
Ababa University (unpublished), 1991

Van Renterghem, T., Bockstael, A., De Weirt, V., Botteldooren, D. (2013) Annoyance, detection and recognition
of wind turbine noise

Dana doda,An Assessment of Noise Pollution in Addis Ababa:The Case of Bole Michael Community Area.
(degree of master thesis,addisabeba school of economics(2017 )

Internet source

http://www.effect of sound pollution etopian.wordpress.com last visited/09/21/2018

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mekelle city administration office, fact sheet, tigray Regional state

Environment Health Perspective http://www.noisehelp.com last visited 11/10/2018

Pers Soc Psychol 1975; 32: 571-577. http://www.rbkc.com last visited 11/10/2018

onhttp://www.pollutioncontrolboard.org/essays/noise-pollution/natural-and-artificial-sources-of-noise-pollution/

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1253729/

http://www.airportnoiselaw.org/rs20531.html last visited 27/10/2018

http://airportnoiselaw.org/rs20531.htmllast visited 26/10/20178

http://www.airportnoiselaw.org/rs20531.html 26/10/2018

http://www.noiseoff.org/regulation.php last visited 27/10/2018

http://www.bmub.bund.de/en/topics/air-mobility-noise/protection-against-noise/general-information

http://www.bmub.bund.de/en/topics/air-mobility-noise/protection-against-noise/general-information/ last visited

28/10/2018

http://www.addisstandard.com/noisy-addis-abeba/iast visited 27/10/2018

Interview

Focus group discussion conducted with 20 individuals

Interview with mr.welday brhane, supervisor on the environmental protection authority in tigray regional sate on
10 oct 2018

Focus group discussion conducted with 20 persons, on 9 Oct 2018

interview conducted with ato ayele public prosecutor in mekelle city high court on 11 oct 2018

Interview conducted with hrit tesfay secretary in mekelle city administration office on oct 10,2018

Personal Observation

Observation conducted in the study areas court, on 10 aug 2018

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APPENDEX

1, what are the sources of sound pollution in kebelle 16?

2, what is the reason for the existence of sound pollution in the study area?

3, what does the legal frame works governing sound pollution in ethiopia?

4, what seems the general description of mekelle city particularly kebelle 16?

5, is there any file opened on sound pollution?

6, what is the impacts of sound pollution in the study area?

7, what kinds of solution is given to those persons iogded a claim against noise pollution in the study area?

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