On 24 February 2020 a seaplane was involved in an accident in the Maldives while attempting to land on a floating platform during bad weather. Some passengers sustained minor injuries. Due to large waves and bad weather, the seaplane's propeller and engine were badly damaged. The aircraft involved in the accident was operated by Trans Maldivian Airways, a Maldives air operator.
Section 20 of the Civil Aviation Act 2001, which covers aircraft accident investigations, provides that all civil aircraft accidents in the Maldives and accidents involving aircraft registered in the Maldives must be investigated by the Civil Aviation Authority.
Apart from investigation of aircraft registered in the Maldives, the Civil Aviation Authority also has the mandate and legal responsibility to conduct investigations of aircraft accidents that occur in the territory of the Maldives.
The Maldives ratified the Chicago Convention on 12 March 1974 in accordance with the then prevailing constitutional law. As such, compliance with the Chicago Convention is an international obligation of the Maldives. The Constitution which came into force in 2008 provides that any international treaty to which the Maldives becomes a party will be binding on the state only on Parliament's approval and in accordance with any conditions of such approval. However, no such parliamentary approval is required for the application of the Chicago Convention, as it was ratified prior to the coming into force of the current constitution.
Article 26 of the Chicago Convention provides that:
In the event of an accident to an aircraft of a contracting State occurring in the territory of another State, and involving death or serious injury, or indicating serious technical defect in the aircraft or air navigation facilities, the State in which the accident occurs will institute an inquiry into the circumstances of the accident, in accordance, so far as its law permit, with the procedure which may be recommended by the International Civil Aviation Organization. The State in which the aircraft is registered shall be given the opportunity to appoint observers to be present at the inquiry and the State holding the inquiry shall communicate the report and findings in the matter to that State.
In line with Article 37 of the Chicago Convention, the Maldives has undertaken to secure the highest practicable degree of uniformity of regulations, standards, procedures and organisation in relation to aircraft, personal, airway and auxiliary services in all matters which will facilitate and improve air navigation. To this end, the International Civil Aviation Organisation (ICAO) adopts and amends as necessary international standards and recommended practices and procedures for (among other things) aircraft distress and the investigation of accidents.
Pursuant to Article 37's aims, on 11 April 1951 the ICAO adopted Annex 13 of the Chicago Convention, which includes the international Standards and Recommended Practices on Aircraft Accident Inquiry.
Objective of aircraft accident investigations
The primary objection of any investigation pursuant to Annex 13 of the Chicago Convention is the prevention of accidents and incidents and not the apportionment of blame or liability. This aim is achieved by undertaking an independent investigation. The precise wording of Section 3.2 of Annex 13 stipulates that "a State shall establish an accident investigation authority that is independent from State aviation authorities and other entities that could interfere with the conduct or objective of an investigation".
At present, civil aircraft accidents and incidents in the Maldives are investigated by the Accident and Incident Coordination Committee (AICC). The AICC is chaired by the minister responsible for overseeing the Civil Aviation Authority. Members of the AICC currently include representatives from air operators, the police service, aerodrome operators and the Civil Aviation Authority. The current piece of legislation on aircraft accident investigation in the Maldives appears to contradict the country's international obligations.
As a result, the Maldives should look to establish an independent authority to undertake investigations of civil aircraft accidents and incidents. Observers and third-party participants will also be able to observe or join such investigations. Observers may include representatives of countries from which persons who have been affected by an accident or incident originate. Participants may include the relevant aircraft's state of manufacture, design, operator and register.
The Maldives shall also establish legally enforceable mechanisms to empower investigation officers and obtain evidence relating to accidents and incidents. Accident reporting shall be mandatory for aircraft operators and pilots. These are just some of the basic principles that the Maldives must adopt in order to maintain its international obligations under the Chicago Convention.
For further information on this topic please contact Ahmed Murad at Mazlan & Murad Law Associates by telephone (+960 3 344 720) or email ([email protected]). The Mazlan & Murad Law Associates website can be accessed at www.mmlawassociates.com.
