30/7/98
International Civil Aviation Organization
ASSEMBLY - 32ND SESSION
EXECUTIVE COMMITTEE
Agenda Item 18: Shortcomings and deficiencies in the air
navigation field
ATTENDING TO THE NEEDS OF ACCIDENT VICTIMS AND THEIR FAMILIES
(Presented by Spain)
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States should have guidance material for the homogeneous treatment of aircraft accident victims and their families. |
1. BACKGROUND
1.1 Attending to the needs of aircraft accident victims and their relatives is a serious concern for both Governments and the persons affected.
1.2 At present, neither the Annexes nor other ICAO documents
contain sufficient references to the appropriate way of dealing with this
problem.
2. NEED FOR A HOMOGENEOUS SOLUTION
2.1 Owing to the current globalization of international civil
aviation operations and the consequent mobility of the users, when an accident
occurs it is necessary to harmonize the treatment which the different States
provide to the persons affected. In particular, the notification of the
families and attending to their needs during the first few days after an
accident should be the subject of the most painstaking treatment and cover
the normal needs of the persons affected. For that reason, irrespective
of the place where an accident occurs, States should provide a homogeneous
solution to such situations since the victims may be of very different
cultures and nationalities.
3. PRELIMINARY WORK
3.1 Taking account of budgetary constraints, ICAO should give
due consideration to the need for appropriate instructions and guidance
material to cover the concerns of accident victims and their families.
A start could be made by compiling the regulations of the States which
have suitable legislation and experience in this area and subsequently
proceeding to prepare instructions acceptable to all States. This response
should not exclude the possibility of using the regulations of one State
or synthesizing the regulations of different States if such regulations
suitably cover the minimum needs to be addressed.
4. RECOMMENDATION
4.1 The Assembly is invited to consider the comments contained
in this working paper and the draft Resolution in Appendix A.
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APPENDIX A
DRAFT ASSEMBLY RESOLUTION
A32-
GLOBAL HARMONIZATION OF THE REGULATIONS
DEALING WITH THE HANDLING OF THE NEEDS
OF AIRCRAFT ACCIDENT VICTIMS AND THEIR FAMILIES
Considering that even though international air transport
is the safest means of transport, the total elimination of the possibility
of serious accidents cannot be guaranteed;
Considering that, in such a case, dealing with the needs
of the persons affected and the procedure for notifying the families and
attending to them, particularly in the first few days, should be the subject
of the most painstaking treatment;
Considering that the actions of the authorities of the
State where an accident occurs should cover the most critical needs of
the persons affected;
Considering that the global harmonization of the regulations
for dealing with the needs of the victims and their families is also a
humanitarian duty and an optional function of the Council contemplated
in the Article 55 (c) of the Chicago Convention;
Considering that States should provide a homogeneous solution
irrespective of the place where an accident occurs since there may be victims
of very different nationalities;
The Assembly:
1. Urges States which do not yet have appropriate regulations to initiate the process necessary to apply adequate regulations in order to attend to the needs of aircraft accident victims and their families;
2. Urges regional civil aviation organizations established by member States to promote the application of appropriate regulations in their respective regions;
3. Urges States which have appropriate regulations to make them available to ICAO for their possible use;
4. Requests that the Secretary General ask for and initiate the compilation of the different regulations of the States which have them;
5. Requests that the Council, within its powers, instruct the Secretary General to develop appropriate instructions and guidance material for subsequent distribution to States;
6. Requests that the Council report on the progress achieved
to the next Session of the Assembly.
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