ICAO urges governments to promulgate effective legislations for “fairer” compensation, protection of accident victims 

ICAO urges governments to promulgate effective legislations for “fairer” compensation, protection of accident victims 

The International Civil Aviation Organisation (ICAO) has called on governments around the world to promulgate legislations that will protect accident victims and pave way for fairer compensations.

In a statement credited to ICAO Council President, Salvatore Sciacchitano in observance of February 20 as the International Day Commemorating Air Crash Victims and their Families, the organization said it has formalised an obligation under the Chicago Convention for countries to adopt and implement effective assistance legislations for accident victims.

According to Sciacchitano, ICAO has further developed new modalities and training to assist governmental authorities in designing and setting out assistance legislations appropriately.

“Mindful of the importance of public and private stakeholders ensuring compassionate and effective assistance to aircraft accident victims and their loved ones, ICAO has formalized an obligation under the Chicago Convention for countries to establish effective legislation, regulations, and policies in this area.

“ICAO has furthermore developed new training to assist national officials in designing and setting out appropriate family assistance legislation and plans, and it also continues to promote the widespread ratification and implementation of the Montreal Convention – which provides for fairer compensation and greater protection for victims.

“Respect for civil aviation accident victims, and for their loved ones’ mental, physical and spiritual well-being, remains a key priority for global aviation.

“With the help of the insights and appeals of the Air Crash Victims’ Families’ Federation International’s (ACVFFI) committed representatives, ICAO will continue to advocate for improved victim support.”.

The ICAO governing Council established the International Day Commemorating Air Crash Victims and their Families in 2022, in direct support of a proposal made by the Air Crash Victims’ Families’ Federation International (ACVFFI). 

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Its purpose is to provide governments and industry with an annual reminder of the onus upon them to improve the care, resources, and timely and comprehensive information that accident victims and their loved ones need in post-accident circumstances.

Recall that it was in 1998, during the 32nd ICAO Assembly (A32), the subject of assistance to aircraft accident victims and their families was first considered.

Participants acknowledged that the policy of ICAO should be to ensure that the mental, physical, and spiritual well-being of victims involved in civil aviation accidents and their families are considered and accommodated by the Organization and its Member States. 

Following discussions, Resolution A32-7 urged the ICAO Council to develop guidance material, citing the need to establish regulations and programmes by Contracting States and their air operators to support aircraft accident victims and their families.

ICAO first issued guidance on family assistance in 2001, and in 2013, it published the ICAO Policy on Assistance to Aircraft Accident Victims and their Families and an accompanying manual.

The topic was also formally acknowledged by States at consecutive ICAO Assemblies in 2013 and 2016 and considered by a special session of the 13th ICAO Air Navigation Conference in 2018.

In 2021, the ICAO Council held a further meeting with the Air Crash Victims’ Families’ Federation International (ACVFFI). 

The ICAO Facilitation Panel subsequently recommended that associated priorities be enshrined in a full ICAO Standard to ensure stronger international compliance and alignment.

In addition to the Symposium ICAO conducted in December 2021, the ICAO Council adopted Amendment 29 to ICAO Annex 9 — Facilitation which has elevated Recommended Practice 8.46 to Standard 8.47, thus obliging States to establish legislation, regulations, and policies in support of assistance to aircraft accident victims and their families.

Tersoo Agber

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