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ADHOC COMMITTEE ON
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Ad Hoc Committee : Contributions
: United Nations SystemResponse by the International Civil Aviation Organization (ICAO) |
I wish to refer to your letter dated 30 January 2003, reference DESA/DIS03/2, requesting the views of the International Civil Aviation Organization (ICAO) on proposals for a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities.
I would like to inform you that, pursuant to Article 37 of the Convention on International Civil Aviation, signed at Chicago on 7 December 1944 (the Chicago Convention), ICAO has adopted, inter alia, Annex 9 - Facilitation to the Chicago Convention, which contains provisions on facilitation of air transport, namely Standards and Recommended Practices (SARPS), including provisions on facilitation of the transport of passengers requiring special assistance. Attached is a copy of the Foreword of the Annex which explains in paragraph l of the General Information the status of SARPS.
Chapter 1 of Annex 9 defines "Person with disabilities" as "Any person whose mobility is reduced due to a physical incapacity (sensory or locomotor), an intellectual deficiency, age, illness or any other cause of disability when using transport and whose situation needs special attention and the adaptation to the person's needs of the services made available to all passengers."
Chapter 8 of Annex 9 contains two Standards and fifteen Recommended Practices that address accessibility to all elements of the air transport chain by persons with disabilities.
The Standards require that all airport facilities and services are adapted to the needs of persons with disabilities and that persons with disabilities have adequate access to air services:
Standard 8.27 Contracting States shall take the necessary steps to ensure that airport facilities and services are adapted to the needs of persons with disabilities.
Standard 8.34 Contracting States shall take the necessary steps to ensure that persons with disabilities have adequate access to air services.
The Recommended Practices of Annex 9 provide that Contracting States should ensure, inter alia, that persons with disabilities, when travelling, be provided with special assistance to ensure they receive services customarily available to the general public; that all elements of a journey, from beginning to end, are made accessible to persons with disabilities; that persons with disabilities-particularly the hearing- and vision-impaired-are given all necessary information, by travel agents, airlines, airports, and ground handling operators, to help them in their travel; that adequate training programmes are established to ensure that trained personnel are available to assist persons with disabilities; that reserved points are located as close as possible to the main entrance of a terminal building, for ease of access for persons with disabilities; that aircraft have movable armrests, on-board wheelchairs, and other similarly user-friendly facilities for persons with disabilities; and that if such a person requires an escort, airlines are encouraged to offer discounts for the carriage of the escort. These Recommended Practices are reproduced at Attachment 2, for information.
Finally, ICAO has prepared guidance material, ICAO Circular 274 -Access to Air Transport by Persons with Disabilities, that elaborate on the Annex 9 Standards and Recommended Practices relating to persons with disabilities. The material is intended to assist the civil aviation community in the day-to-day application of these SARPs.
On the basis of the above-mentioned Standards and Recommended Practices, as complemented by guidance material, Contracting States have taken the necessary measures to make the system work satisfactorily. Airlines on a worldwide basis have standardized to a great extent, including by voluntary commitments, their procedures for acceptance and handling of disabled passengers. The International Air Transport Association (IATA) has also played an important role in the standardization and implementation of such procedures. The rights and dignity of persons with disabilities have been fully taken into account in all these efforts.
It should also be noted that, in accordance with the procedures established in Article 90 of the Chicago Convention, Standards and Recommended Practices can be amended without going through formal treaty amendment procedures to keep requirements in line with real needs. This seems to be the most appropriate way of dealing with measures to facilitate the transportation of persons with disabilities, as opposed to the adoption of treaty provisions, including by means of a convention as envisaged in General Assembly resolution 57/229, which would not allow for the required flexibility in this matter.
In closing, I would like to emphasize that, with regard to air transport, the existing system of facilitation of the transport of disabled passengers is deemed adequate, is working properly and can be amended swiftly to meet changing requirements as appropriate. Accordingly, there would be in our view no requisite to provide for further international legislation in this respect.
Yours sincerely,
R.C. Costa Pereira
Standards and Recommended Practices on Facilitation were first adopted by the Council on 25 March 1949, pursuant to the provisions of Article 37 of the Convention on International Civil Aviation (Chicago, 1944), and designated as Annex 9 to the Convention with the title "Standards and Recommended Practices - Facilitation". They became effective on 1 September 1949. The Standards and Recommended Practices were based on recommendations of the First and Second Sessions of the Facilitation Division, held at Montreal in February 1946 and at Geneva in June 1948. They were expanded and amended comprehensively as a result of subsequent Sessions of the Division, i.e. the Third Session, held at Buenos Aires in December 1951, the Fourth Session,: held at Manila in October 1955, the Fifth Session, held at Rome-ml December 1959, the Sixth Session, held at Mexico City in March-April 1963, the Seventh Session, held at Montreal in May 1968, the Eighth Session, held at Dubrovnik in March 1973, the Ninth Session held at Montreal ,in April-May 1979 and the Tenth Session held at Montreal in September 1988. As a result of the Division's Recommendations, for amendment of Annex 9 and Council's action thereon, the Second: Edition of Annex 9 became effective on 1 March 1953, the Third Edition, on 1 November 1956, the Fourth Edition on 1 November 1960, the Fifth Edition on 1 April 1964, the Sixth Edition on 1 April 1969, the Seventh Edition on 15 Apri1 1974, the Eighth Edition on 15 July 1980, the Ninth Edition ón 151990 ember 1990 and the Tenth Edition on 30 April 1997.
Eleventh Edition.- The present edition incorporates, inter alia, provisions arising from recommendations of the Third Meeting of the Facilitation Panel (FAL.P/3).(Montreal . February 2001) which again resulted in the comprehensive expansion and amendment of Annex 9. This Eleventh Edition of Annex 9 became effective on 15 July 2002 and is to become applicable on 28 November 2002.
The Standards and Recommended-Practices on Facilitation are the outcome of Article 37 of the Convention, which provides, inter alia, that the "International Civil Aviation Organization shall. adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with ... customs, and immigration procedures ....and such other matters concerned with. the safety, regularity and efficiency of air navigation, as. may from time to time, appear appropriate". The policy with respect to the implementation-by States of the-Standards and Recommended Practices on Facilitation is strengthened by Article 22 of Convention, which expresses the' obligation-accepted-by each Contracting State "to adopt all practicable measures through the issuance of special regulations or otherwise, to facilitate and expedite navigation by aircraft between the tern of Contracting States, and to prevent unnecessary delay: to aircraft, crews, passengers, and cargo. especially in the administration of the laws relating to immigration, quarantine, customs and clearance", and by Article 23 of the Convention, which expresses the undertaking of each Contracting State "se far as it may find practicable, to establish customs and immigration procedures affecting international air navigation in accordance with the practices which may be established or recommended from time to time pursuant to this Convention".*
In addition to the Standards and Recommended Practices of Annex 9, the Organization's FAL Programme is based on the FAL Resolutions of the Assembly and B-type recommendations of FAL Division Sessions which are those recommendations which do not suggest amendments to the Annex provisions.
As indicated in Chapter 1, Section B, the Standards and Recommended Practices in this document apply to all categories of aircraft operation except where a particular provision specifically refers to one type of operation without mentioning other types of operations.
The. Standards and Recommended Practices on Facilitation inevitably take two forms: first a "negative" form, e.g. that States shill hot impose more than certain maximum requirements in . the way of, paperwork, restrictions of freedom of movement, etc., and second a "positive" form, e.g. that States shall provide certain minimum facilities for passenger convenience, for traffic which is merely passing through, etc. Whenever a question arises under a "negative" provision, it is assumed that States will, wherever possible, relax their requirements below the maximum set forth in the Standards and Recommended Practices. Wherever there is a "positive" provision, it is assumed that States will, wherever possible, furnish more than the minimum set forth in the Standards and Recommended Practices.
Notification of differences. The attention of Contracting States is drawn to the obligation imposed by Article 38 of the Convention by which Contracting States are required to notify the Organization of any differences between their national regulations and practices and the International Standards contained in this Annex and any amendments thereto. Contracting States are invited to extend such notification to any differences from the Recommended Practices contained in this Annex, and any amendments thereto. Further, Contracting States are invited to keep the Organization currently informed of any differences which may subsequently occur, or of the withdrawal of any differences previously notified. A specific request for notification of differences will be sent to Contracting States immediately after the adoption of each Amendment to this Annex.
Attention of States is also drawn to the provision of Annex 15 related to the publication of significant differences between their national regulations and practices and the related ICAO Standards and Recommended Practices through the Aeronautical Information Service, in addition to the obligation of States under Article 38 of the Convention.
Promulgation of information. The establishment and withdrawal of and changes to facilities, services and procedures affecting aircraft operations provided in accordance with the Standards and Recommended Practices specified in this Annex should be notified and take effect in accordance with the provisions of Annex 15.
Contracting States should make every effort to publish the FAL information required by Annex 15 (as amplified by. the Aeronautical Information Services Manual - Doc 8126) and, in particular, ensure that they conform with the new requirements as to presentation and contents of such information prescribed by the Tenth Edition of Annex 15.
Use of the text of the Annex in national regulations. The Council, on 13 April 1948, adopted a resolution inviting the attention of Contracting States to the desirability of using in their own national regulations, as far as practicable, the precise language of those ICAO Standards that are of a regulatory character and also indicating departures from the Standards, including any additional national regulations that were important for the safety or regularity of air navigation. Wherever possible, the provisions of this Annex have been written in such a way as would facilitate incorporation, without major textual changes, into national legislation.
General information
An Annex is made up of the following component parts, not all of which, however, are necessarily found in every Annex; they have the status indicated:
This Annex has been adopted in six languages - English, Arabic, Chinese, French, Russian and Spanish. Each Contracting State is requested to select one of those texts for the purpose of national implementation and for other effects provided for in the Convention, either through direct use or through translation into its own national language, and to notify the Organization accordingly.
The following practice has been adhered to in order to indicate at a glance the status of each statement: Standards have been printed in light face roman: Recommended Practices have been printed in light face italics, the status being indicated by the words Recommended Practice; Notes have been printed in light face italics, the status being indicated by the prefix Note.
Any reference to a portion of this document which is identified by a number includes all subdivisions of the portion.
Throughout this Annex, the use of the male gender should be understood to include male and female persons.
* A number of other articles of the Convention have special pertinence
to the provisions of the FAL Annex and have been taken into account in its preparation. In
particular, persons responsible for the implementation of the provisions of this Annex
should be -familiar with the following articles in addition to Articles, 22 and 23:
Article 10, Landing at customs airport;
Article 11, Applicability of air regulations;
Article 13, Entry and clearance regulations;
Article 14, Prevention of spread of disease,
Article 24, Customs duty;.
Article 29, Documents carried in aircraft _ Article 35, Cargo restrictions.
(as contained in Chapter 8 of Annex 9 - Facilitation to the Convention on International Civil Aviation)
8.22 Recommended Practice.- When travelling, persons with disabilities should be provided with special assistance in order to ensure that they receive services customarily available to the general public. Such assistance includes the offering of information and directions in media that can be understood by travellers with cognitive or sensory disabilities.
8.23 Recommended Practice.- Contracting States should cooperate with a view to taking the necessary measures to make accessible to persons with disabilities all the elements of the chain of the person's journey, from beginning to end.
8.24 Recommended Practice.- Contracting States should take the necessary steps with airlines, airports and ground handling operators to establish minimum uniform standards of accessibility with respect to transportation services for persons with disabilities, from arrival at the airport of departure to leaving the airport of destination.
8.25 Recommended Practice.- Contracting States should take the necessary steps with airlines, airports, ground handling operators and travel agencies to ensure that persons with disabilities are given the information they need, and should take the necessary steps to ensure that airlines, air ports, ground handling operators and travel agencies are in a position to give those passengers the assistance necessary for them, depending on their needs, to help them in their travel.
8.26 Recommended Practice.- Contracting States should take all necessary steps to secure the cooperation of operators, airports and ground handling operators in order to establish and coordinate training programmes to ensure that trained personnel are available to assist persons with disabilities.
8.28 Recommended Practice.- Contracting States should ensure that lifting systems or any other appropriate devices are made available in order to facilitate the movement of elderly and disabled passengers between the aircraft and the terminal on both arrival and departure as required where telescopic passageways are not used.
8.29 Recommended Practice.-Measures should betaken to ensure that the hearing- and visionimpaired are able to obtain flight information.
8.30 Recommended Practice.- For elderly and disabled persons being set down or picked up at a terminal building, reserved points should be located as close as possible to main entrances. To facilitate movement to the various areas of the airport, access routes should be free of obstacles.
8.31 Recommended Practice.- Where access to public services is limited, every effort should be made to provide accessible and reasonably priced ground transportation services by adapting current and planned public transit systems or by providing special transport services for people with mobility needs.
8.32 Recommended Practice.- Adequate parking facilities should be provided for people with mobility needs and appropriate measures taken to facilitate their movement between parking areas and the terminal buildings.
8.33 Recommended Practice.- Direct transfer from one aircraft to another of passengers, particularly elderly and disabled passengers, should be authorized, where necessary and possible, whenever this is warranted by deadlines in making connecting flights or by other circumstances.
8.35 Recommended Practice.- Contracting States should introduce provisions by which aircraft coming newly into service or after major refurbishment should conform to minimum uniform standards of accessibility with respect to equipment on board aircraft which would include movable armrests, on-board wheelchairs, lavatories and suitable lighting and signs.
8.36 Recommended Practice.- Wheelchairs, special apparatus and equipment required by persons with disabilities should be carried free of charge in the cabin where, in the view of the airline, space and safety requirements permit or should be designated as priority baggage. Service animals accompanying passengers with disabilities should also be carried free of charge in the cabin, subject to the application of any relevant national or airline regulations.
8.37 Recommended Practice.- In principle, persons with disabilities should be permitted to determine whether or not they need an escort and to travel without the requirement for a medical clearance. However, advance notice should be mandatory where assistance or lifting is required. Airlines should only be permitted to require passengers with disabilities to obtain a medical clearance in cases of medical condition where it is clear that their safety or well-being or that of other passengers cannot be guaranteed. Furthermore, airlines should only be permitted to require an escort when it is clear that a person with disabilities is not self-reliant and, as such, the safety or well-being of that person or that of another passenger cannot be guaranteed.
8.38 Recommended Practice.- If the presence of an escort is required, Contracting States should encourage airlines to offer discounts for the carriage of that accompanying person.