Unruly
behavior of air passenger onboard aircraft is a threat to air safety. The
Montreal Protocol 2014 (MP14) is aimed at curbing it when it comes into force
on 1 January 2020, which the International Air Transport Association (IATA) said
is eagerly looking forward.
MP14 enhances the capacity of states to curb the
escalation in the severity and frequency of unruly behavior on board
aircraft.
This follows the 26 November 2019 ratification of MP14 by Nigeria, the 22nd
state to do so.
MP14, properly named the Protocol to Amend the Convention on Offences and
Certain Other Acts Committed on Board Aircraft, is a global treaty that
strengthens the powers of states to prosecute unruly passengers. It closes a
legal gap under the Tokyo Convention 1963, whereby jurisdiction over offenses
committed on board international flights rests with the state where the
aircraft is registered. This causes issues when unruly passengers are delivered
to the authorities upon landing in foreign territories.
Unruly and disruptive passenger incidents on board flights include physical
assault, harassment, smoking or failing to follow crew instructions. These
incidents may compromise flight safety, cause significant delays and
operational disruption and adversely impact the travel experience and work
environment for passengers and crew.
“Everybody on board is entitled to enjoy a journey free from abusive or other
unacceptable behavior. But the deterrent to unruly behavior is weak. About 60%
of offenses go unpunished because of jurisdictional issues. MP14 strengthens
the deterrent to unruly behavior by enabling prosecution in the state where the
aircraft lands. The treaty is in force. But the job is not done. We encourage
more states to ratify MP14 so that unruly passengers can be prosecuted
according to uniform global guidelines,” said Alexandre de Juniac, IATA’s
Director General and CEO.
States should also review the effectiveness of the enforcement mechanisms
available to them in line with ICAO Guidance on Legal Aspects of Unruly
and Disruptive Passengers (ICAO Document 10117) which gives information on
how civil and administrative fines and penalties can be used to supplement
criminal prosecutions.
In addition to strengthening jurisdiction and enforcement, airlines are working
on a range of measures to help prevent incidents and manage them more
effectively when they do happen. These include enhanced crew training and
raising awareness with passengers of the potential consequences of unruly
behavior on board.
Leave a Reply