Akeeta Kingston
2018-1LLM-64
Contemporary Issues in Air and Space Law
Research Paper
Topic: Critical Analysis of Aviation Security in the Civil Aviation Bill 2017 of the Cooperative Republic of Guyana with reference to the ICAO SARPs
Introduction
Civil aviation is a powerful force for progress in our modern global society.”1 The Convention on
International Civil Aviation also known as the Chicago Convention established the International
Civil Aviation Organization (ICAO). The ICAO is an agency of the United Nations with the
responsibility to coordinate and regulate air travel internationally. The Chicago Convention
establishes rules for a wide array of areas in aviation inclusive of aircraft registration and safety.
The Convention which was signed by 52 Stated in 1944 and came into effect in 19472 was ratified
by Guyana on 3rd February, 1967 with the effective date being 5th March, 1967.3
The clock-work precision of civil aviation internationally as it regards procedures and system is as
a result of universally accepted standards referred to as Standards and Recommended Practices
(SARPs).4
SARPs refer to technical specifications that were adopted by the Council of ICAO in accordance
with Article 37 of the Chicago Convention so that “the highest practicable degree of uniformity in
1
ICAO Safety: Making an ICAO Standard (Last updated Nov. 1, 2011)
Convention on International Civil Aviation – Doc 7300
3
Status of Guyana with regards to International Air Law Instruments – ICAO
(https://www.icao.int/secretariat/legal/Status%20of%20individual%20States/guyana_en.pdf)
4
Ibid
2
Page 1 of 5
regulations, standards, procedures, and organization in relation to aircraft, personnel, airways and
auxiliary services in all matters in which such uniformity will facilitate and improve air
navigation”5 across Contracting States to the Convention. Note that the SARPs are in the form of
Annexes to the Chicago Convention.
These SARPs cover all technical and operational aspects of international civil aviation such as
safety, operation of aircraft and security. The view has been put forward that the absence of SARPs
would have, at best, resulted in our civil aviation system as a whole being chaotic and at worst
unsafe.6
On 19th November, 2018, the Civil Aviation Bill 2017, presented by the Minister of Public
Infrastructure, Mr. David Patterson, was read for the third time in the National Assembly of the
Co-operative Republic of Guyana (hereinafter referred to as Guyana) after being with the Special
Select Committee for amendments for about one (1) year and is now awaiting the assent of the
President.
This new Bill, according to the Minister, seeks to repeal and replace the Civil Aviation Act Cap.
53:01 and bring Guyana on par with other national legislation found in different parts of the world.
Further, the Bill is also said to make provisions for the enablement of the Convention on
International Civil Aviation (also known as the Chicago Convention) and the Agreement
establishing the Caribbean Aviation Safety and Security Oversight System.
However, accompanying the passage of the Civil Aviation Bill 2017 were criticisms primarily by
the Opposition Chief Whip, Ms. Gail Texeira. According to the Opposition Chief Whip, the Bill
is not in compliance with the standards of the International Civil Aviation Organization (ICAO)
cited that the manner in which the bill deals with offences is “draconian”; she gave as an example
the fining or imprisonment of any passenger who boards an airplane while tipsy or intoxicated.
The security aspect of any system is of highest priority. The Guyana Civil Aviation Authority
through the Aviation Security Department regulates security of Guyana’s Aviation Sector through
5
Article 37 of International Civil Aviation Organization (ICAO), Convention on Civil Aviation
(“Chicago Convention”), December 7, 1944, (1944) 15 U.N.T.S. 295
6
See Footnote 1
Page 2 of 5
the regulatory framework established in the Civil Aviation Act and the Civil Aviation (Security)
Regulations 2004.
Bearing that in mind and also the criticism that the Civil Aviation Bill 2017 is not in compliance
with the Standards of ICAO, the aim of this paper to provide a legal analysis of civil aviation
security (specifically the Civil Aviation Bill 2017) in Guyana to determine its position as it regards
security and the SARPs regarding security encapsulated in Annexes 17 (principally), 2, 6, 9, 10,
11, 13, 14 and 18 to the Chicago Convention.
Statement of Problem
According to the central proponent (Minister of Public Infrastructure) of the Civil Aviation Bill
2017 of the Co-operative Republic of Guyana, passage of such Bill will result in Guyana being on
par with other national legislation in the world. The Bill is further said to make provisions for the
enablement of the Convention on International Civil Aviation (also known as the Chicago
Convention) and the Agreement establishing the Caribbean Aviation Safety and Security
Oversight System. However, the central opponent of the Bill (Opposition Chief Whip) is of the
view that the Bill is not in compliance with ICAO standards. Due to the importance given to the
security aspect of any system, this research proposes to do an assessment of the security aspect of
the Civil Aviation Bill 2017 to determine its level of compliance with the SARPs of ICAO and to
compare the security aspect of the Bill with the current Civil Aviation Act.
Research Hypothesis
Aviation Security as provided for by the Civil Aviation Bill 2017 of the Co-operative Republic of
Guyana is more developed than the Civil Aviation Act (Cap. 53:01) and is in compliance with
ICAO standards and recommended practices
Research Questions
1. What are the Annexes to the Chicago Convention that deal with aviation security?
2. What is the legal status of the Annexes to the Chicago Convention?
3. To what extent are the provisions regarding aviation security in the Civil Aviation Act cap.
53:01 of Guyana in compliance with ICAO standards and recommended practices?
Page 3 of 5
4. To what extent are the provisions of the Civil Aviation (Security) Regulations 2004 of
Guyana in compliance with the ICAO standards and recommended practices aviation
security?
5. To what extent are the provisions of the Civil Aviation Bill 2017 in compliance with the
ICAO standards and recommended practices as it regards aviation security?
Methodology
In order to perform an adequate analysis for this research, the Civil Aviation Act of Guyana (Cap.
53:01), the Civil Aviation (Security) Regulations of Guyana 2004, the Civil Aviation Bill 2017 of
Guyana, the Chicago Convention and the accompanying Annexes, textbooks, the internet and
parliamentary debates of Guyana will be used.
Tentative Chapterisation
Abstract
The abstract will be a synopsis of the paper of about 300 words.
Chapter 1: Convention on International Civil Aviation (Chicago Convention)
This section will deal with the rationale for the establishment of this convention, its functions, its
composition, Member States and the responsibilities of the Member States. The ICAO will be
briefly introduced here.
Chapter 2: International Civil Aviation Organization (ICAO)
In this section, the ICAO will be discussed. This discussion will include the functions of it, how it
develops standards and recommended practices and the enforceability of the standards and
recommended practices.
Chapter 3: Aviation Security in the Civil Aviation Act (Cap. 53:01) and the SARPs on
aviation security of ICAO
This section will look at the relevant sections regarding aviation security to determine the extent
to which the Act is in compliance with the aviation security SARPs of the ICAO. From this, a
Page 4 of 5
determination can be made as what the Act is lacking thereby giving an idea of what to “look out
for” in the 2017 Bill.
Chapter 4: Civil Aviation (Security) Regulations of Guyana 2004 and ICAO SARPs on
aviation security
This section will look at the relevant sections regarding aviation security to determine the extent
to which the Regulations are in compliance with the aviation security SARPs of the ICAO.
Conclusion
This section will conclude on the status of the aviation security aspect of the Civil Aviation Bill
2017 in the sense of whether it’s in compliance with the SARPs of the ICAO and possible
recommendations.
Page 5 of 5