ICAO Calls for Legislation to Compensate, Protect Accident Victims 

Chinedu Eze

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

Compensation for victims of air crashes has not been reviewed over the years and according to Montreal Convention Treaty on Compensation, the victim in case of accident can claim compensation up to 4,694 SDR. The currency value of the SDR is determined by summing the values in US dollars, based on market exchange rates, of a basket of major currencies (the US dollar, Euro, Japanese yen, pound sterling and the Chinese renminbi); for damages resulting of the passenger’s international flight disruption. In the event of death or body injury, the air carrier is liable up to 100,000 SDR for each passenger.

But ICAO is demanding that there should be a review so that fairer compensation could be adopted for victims of air accidents.
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 organisation 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,” Sciacchitano said.

“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,” Sciacchitano further said.
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). 

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.
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.

According to the ICAO Policy on Assistance to Aircraft Accident Victims, an aircraft accident is an unexpected and usually a catastrophic event. The size and scope of an aviation accident will influence the types of family assistance needed, as well as the amount of financial, personnel and equipment resources needed to provide adequate and sufficient assistance. The scale of the family assistance response will be directly related to the number of people impacted.
The policy stated that family assistance may require national legislation, regulations and/or policies to ensure that the necessary resources and commitment to provide assistance are available at short notice. Effective coordination of the parties involved is considered essential.

The Council recommends that states: reaffirm their commitment to ensure that adequate and sufficient assistance is provided to aircraft accident victims and their families; establish legislation, regulations and/or policies addressing family assistance plans to ensure that family assistance providers have the necessary financial, personnel, and equipment resources, and that systems are available at short notice to provide assistance to aircraft accident victims and their families in a timely manner. Other recommendations include: ensure that their family assistance plans consider the following factors: recipients of family assistance, types of family assistance to be provided, when family assistance should be provided, family assistance providers, periodic review and exercise of the plan and enactment of legislation, regulations and/or policies necessary to implement the plan.

Others recommendations also include to establish legislation, regulations and/or policies required to implement effective coordination and control of the efforts to provide the required family assistance; require that air operators implement family assistance plans, and ensure that these plans are exercised regularly, supervised and audited as necessary; require that airport operators implement family assistance plans, which can be part of their Airport Emergency Plans, in coordination with air operators, and ensure that these plans are exercised regularly, supervised and audited as necessary; and require air operators to have proper arrangements with airports in which they operate, so as to facilitate the provision of family assistance as required.