Monday, April 11, 2011

Kanishka Bombing, 9/11: World Trade Centre...then and beyond!!


Hi all, its good to be back after a long time and all credit goes to my dear friend, Rudranshu Singh for writing this beautiful piece of literature on hijacks in the airspace. Rudranshu is currently pursuing Masters in Law from the Institute of Air and Space Law, McGill University, Canada.

Aviation from its inception has been one of the biggest technological blessings in the field of transportation. The phenomenal speed of an aircraft makes it a strong pillar of the economy because it can transport people and cargo within no time to the other parts of the globe. However, this technical blessing encountered security threats in the third decade of its existence. The acts of terrorism which can encounter civil aviation range from hijacking an aircraft, bombing aircraft or airport lounges or gunning down people at airports and the very latest way i:e using the aircraft into as a guided missile as happened in the fateful World Trade Center attacks.

The first reported incident of hijacking was on 21st February 1931. In this incident, Peruvian revolutionaries seized a mail plane belonging to PAN American, which aimed nothing but to drop propaganda leaflets over Lima. This was followed up by the first international legislative effort to curb terrorism which came up with the Geneva Convention, 1937 and was called the Convention for the Prevention and Punishment of Terrorism 1937. The draft of this Convention was adopted in November 1937 by League of Nations as a consequence of the assassination at Marseilles of King Alexander I of Yugoslavia and French Foreign Minister Louis Barthou in France. However, unfortunately it could not be enforced with due to the Second World War. Subsequently with the beginning of the Cold War, now freak incidents has started becoming a common feature and the world’s first fatal attack came in the year 1947 when a private plane on a domestic Romanian route was seized by three Romanian army officers who shot their way to freedom in Turkey. This was the world's first fatal hijack, where in an uncooperative crew member was shot to death.

Hijackings became commonplace in the USA in the early 1960's amid growing tensions between the USA and Cuba. Initially, Cubans had resorted to hijacking aircraft as a means to escape the Castro regime, but by the early 1960's the flow had reversed, and airplanes in the US were being hijacked to Cuba by Cuban rebels, radical Leftist Americans, and fugitives seeking asylum in Cuba. By the autumn of 1961 the draconian consequences of hijacking came out in the public domain and the most significant impact of these acts of aerial piracy was the heavy cost to airlines, as the enormously expensive machinery is rendered useless. This was the time when the global legal community gathered under the auspices of International Civil Aviation Organization (hereinafter: ICAO) in Tokyo in 1963, to come up with the Convention on Offenses and Certain Other Acts Committed On Board Aircraft 1963 but as I strongly agree that the delegates were initially reluctant to address hijacking and focused more on other acts. Unlawful Seizure of an aircraft was a disjointed thought to this Convention in the form of Article 11. However, this reluctance does not render this Convention meaningless and it was the first substantial effort to deal with aerial terrorism. It was the launching pad for its successors, namely the Hague and Montreal Convention.

By the latter half of the 1960s hijacking became a weapon of political revolution. The Federal Aviation Administration of the United States was directed to minutely assess each aspect of aircraft hijacking and to come up with a defense for the same. The hijacking activities peaked and had become a global epidemic by 1972, as the hijackings reached their highest tally of 364 within the span of four years (1968-1972) which were the highest until that time. Hijacking also became an appealing tool of extortion which traveled in the prism of political and personal demands. There was an episode in November 1971, which involved a man who called himself Dan Cooper made a propaganda that he had a bomb in his suitcase and demanded an amount of $ 200, 000 and four parachutes, which were met. He allowed all the 35 passengers and two stewards to deplane, however, he ordered the pilot and the crew to fly to Reno at low altitude and cruising speed with flaps down and ventral stairs extended. The crew was forced to cover themselves with curtains in the front cabin. As the plane landed in Reno, it was noticed that Cooper was not aboard. It was speculated that he had left, when the plane was close to Woodland, Washington. A fearless demonstration of frequent hijackings kick-started and these state of affairs forced the then President of US and his administration to issue the statement for appointing “ especially trained, armed United States government personnel on flights of U.S. Commercial airliners”. Probably this was the time when the global community contemplated the Convention for the Suppression of Unlawful Seizure of Aircraft Signed at the Hague on 16th December 1970 (hereinafter: Hague Convention 1970).

The crux of this Convention is that it declared hijacking as an international offense, the major shortcoming of this convention is that it fails to define severe penalties and leaves it to the wisdom of the State. The Hague Convention was followed by Montreal Convention called Convention for Suppression of Unlawful Acts Against the Safety of Civil Aviation, signed on Signed on 23rd September 1971.Convention was followed by Annex 17 to the Chicago Convention titled as Safeguarding International Civil Aviation Against Acts of Unlawful Interference. Then came the Bonn Declaration 1978. It was the brainchild of G7 countries and its main achievement is eloquently declared to “take action against any State that fails to fulfill its international obligations following a hijacking.”

In spite of these steps aerial piracy continued in its epidemic form and with the passage of time, hijacking became a serious weapon and we witnessed the draconian consequences on 11th September 2001, when everything came to a halt in the US. The superpower of the politically unipolar world was bleeding through its nose. However, before getting into details of 9/11 we cannot forget the 1985 Kanishka bombings, which is, still considered “a major instance of sabotage of aircraft with extensive loss of life due to the explosion on Air India B-747 on 23rd June 1985”. This was followed by the Indian Airlines flight, IC-814 hijack. Therefore, stringent measures were taken to counter acts of unlawful interference with civil aviation. The genealogy of the term terrorism lies in Latin terminology meaning to cause to tremble (terrere). Since the catastrophic events of 9/11, we have seen stringent legal measures taken by the United States to attack terrorism, not just curb it.

The famous phrase “war on terror” denotes pre-emptive and preventive strikes carried out through applicable provision of legitimately adopted provisions of legislation. The earliest example is the Air Transportation Safety and System Stabilization Act ( ATSAA) enacted by President Bush less than two months after the 9/11 attacks. Then, two months after the attacks, in November 2001, Congress passed the Aviation and Transportation Security Act (ATSA) with a view to improve security and to close the security loopholes which existed on that fateful day, that is 9/11. The legislation paved the way for a huge federal body called the Transportation Security Administration (TSA) which was established within the department of transportation. The Homeland Security Act of 2002 which followed a significant recognition of the Federal Government”. The assumption about the anti-hijacking vigilance of the airline industry now seems “catastrophically naive”. The US owes 9/11 to its sluggishness over the Al-Qaeda threat which was in their backyard but they could not react and went into a mode of Islamophobia in the post 9/11 era. Tragedies occur in every country and are inevitable to this mundane world. I have all my sympathies with victims of 9/11, but that was not a universal conspiracy against US. It was the dilemma within the US administration that did them in.

Ever since then US has been haunted by its misplaced fear and consequently they have tightened the aviation security beyond reason. We have discussed most of the statutes based on hijacking in detail and can say conclusively that the biggest lacunae in hijacking laws is lack of guaranteed punishment. Every Convention based on hijacking has left prosecution of a hijacker at the discretion of the domestic legal system of the State involved. So this is the real problem, which can be solved only by appropriate prosecution laws at the international level and not by making the security unbearable and disrespectful for the common passengers as well as dignitaries from other countries or from international bodies. Osama-bin-Laden was the architect of 9/11, however is still absconding and the global aviation community has started treating every single passenger as a terrorist, which will further add to financial miseries of the airline industry. We have to catch hold of the terrorists, through intelligence sharing among nations. We have not strengthened our intelligence cooperation but have been looking at every passenger with a jaundiced eye, and consequently we have shown total disregard to privacy which is an integral part of Universal Declaration of Human Rights in the form of Article 12, which condemns any arbitrary interference with anyone's privacy and full body scanners are nothing but an arbitrary interference into an individual's privacy.

I have stressed upon hijacking in the opening portion of this outline, because I want my audience to be fully aware of the genesis of this paranoid security procedures is rooted in the draconian events witnessed by the aviation community since 1930s till the unforgettable trauma of 9/11. However, the harsh reality remains that crime occurs and will reoccurs in the mundane world, because this world is occupied by angels and devils together and crime can only be eliminated in heaven, but not in this world. We should only try to minimize crime, any attempt to eliminate crime is as good as robbing Paul to pay Peter.

Wednesday, January 12, 2011

Report Card - II: Indian Aviation Progress in 2010


After discussing the actions of the Civil Aviation Ministry of the Government and India's Aviation Policy towards the West, I now put forward the other statistical aspects of the country's aviation sector.

This is the second and final post in the series discussing the performance in the Indian skies...


Security Measures

Keeping in view the security scenario and enhanced civil aviation activities, four regional offices of the Bureau of Civil Aviation Security (BCAS) has been created at Guwahati, Amritsar, Hyderabad and Ahmedabad airport in addition to the existing Regional offices at Delhi, Mumbai, Chennai and Kolkata.

The Anti-Hijacking (Amendment) Bill, 2010

With a view to enhance the punishment, for the offences of hijack of aircrafts and also for the conspirators, to death penalty, the amendment is proposed in the Anti-Hijacking Act, 1982. The final Bill has been introduced in the Rajya Sabha on 19 August, 2010. The Bill has now been referred to the Ministry of Law.

Mangalore Crash - IX 812 of Air India Express operating from Dubai to Mangalore was involved in an unfortunate accident on 22nd May 2010. There were 160 passengers and 6 crew members on Board. There were only 8 survivors. A Court of Enquiry headed by Air Marshal (Retd.) B.N. Gokhale was set up. The Court has submitted its report which is under examination.

Airports
Phase-I of the Modernization of Delhi Airport was completed on 31 March 2010, at an estimated project cost of Rs. 12258 crores. A new integrated Terminal-3 has become operational which has 34 million passengers handling capacity per annum.

The major development works completed Modernization of Mumbai Airport during 201010 are South-West pier, integrated processor terminal, Baggage Handling System (BHS) in the new domestic terminal, six Passenger Boarding Bridges (PBBs) in the new domestic terminal.

Underthe Policy for Greenfield Airports the Government, during the year had accorded “in-principle” approval for setting up of a Greenfield airport at Dabra (Madhya Pradesh), Palladi (Rajasthan), Itanagar (Arunachal Pradesh), Kushi Nager (Uttar Pradesh).

Airports Authority of India (AAI) Airports Authority of India registered an all time high revenues of Rs. 4,615 Crores, which was 10% more than the previous year. Similarly, capital expenditure incurred on infrastructure works at various airports rose from Rs. 2547.52 crores to Rs. 2,742.54 crores.

New Terminal Buildings have been commissioned at Varanasi, Barapani (Shillong), Madurai, Mysore and Ahmedabad airports.Existing terminal buildings have been upgraded/ modernized at Pune, airport. Runways/ Taxiways have been extended / expanded at Varanasi, Ranchi, Guwahati, Bhopal, Gondia, Ludhiana, Cuddappah and Coimbatore airports. Upto November 2010 progress of work for modernization and development at Chennai and Kolkata Airports has been 66% and 46%.Work on the construction of new Greenfield Airports at Pakyong in Sikkim is in progress.

  • For the implementation of the GAGAN project of satellite based navigation, site acceptance test for Indian reference stations has been completed at Goa, Jaiselmer, Porbander and work is in progress at Dibrugarh, Nagpur and Bhubaneswar.
  • A dedicated Air Cargo Complex facility at Veer Savarkar Airport, Port Blair has been operationalised.
  • A new Joint Venture Company under the name “Chandigarh International Airport Limited” has been set up to undertake the construction of a new International Terminal Building at Chandigarh Airport.
  • Setting up of International airport at Navi Mumbai.
    After getting the environmental clearance in November, 2010, the development of the Greenfield airport at Navi Mumbai will get underway. It is projected to have sufficient capacity to handle the additional traffic around Mumbai, which is expected to go upto about 80 mppa by 2031-32
  • Indira Gandhi Rashtriya Uran Akademi (IGRUA): - The Akademi this year, has inducted 14 Single engine DA 40 Aircraft and one twin engine DA 42 aircraft and installed two Flight Simulators. The Akademi has 14 flying instructors and has flown 14934 hrs during 2010. So far this year, 62 cadets have completed their flying and 114 trainees have been inducted. Campus selection team from Air India and Jet Airways visited Akademi in Aug/Sept. and December, 2010 for induction of trainee pilots.

    India Aviation 2010 - a Civil Aviation air show, was held for the second time at Begampet Airport, Hyderabad in March 2010. The next edition would be held from 14-18, March 2012.
  • An independent audit by FAA under IASA program confirmed India to be a role model in the Asia Region in the Civil Aviation. The Ministry of Civil Aviation was awarded on 1 December, 2010 the “KPMG – Infrastructure Today Award” for being the most admired Central Entity in the transport sector.

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Monday, January 3, 2011

Report Card - I: Indian Aviation Progress in 2010

1. The year 2010 has seen a robust growth in terms of aircraft movement and passengers handled. Vis-a-vis 2009 the growth rate has been 3.4% in respect of aircraft movement and 16.2% in respect of passengers handled and 26.9% with respect to cargo. Passengers carried by domestic airlines from January-November, 2010 were 468.09 lakh as against 393.53 lakh in the corresponding period of the year 2009 thereby registering growth of +18.9%.

2. There are, at present, 16 Scheduled (11 scheduled passenger airlines, 02 scheduled regional airlines and 03 scheduled cargo airlines) and 121 Non-scheduled Operators. At present there are 419 aircraft with the scheduled operators. The total aircraft in the Non Scheduled category are 360.

3. The year saw the Ministry of Civil Aviation take several initiatives to facilitate the passengers to undertake hassle free and convenient air travel by the issue of CARs through the Directorate General of Civil Aviation (DGCA).

4. A state of the art new integrated Terminal-3 has been operationalized at the Delhi Airport in July last year creating a new beginning in world class infrastructure, with public-private participation in the aviation sector.

5. The much awaited environmental clearance has also come through for construction of a New Green Field airport at Navi Mumbai.


Following are some of the important issues taken up by the Ministry of Civil Aviation during the year 2010:

    • Initiatives of the Ministry in the field of Economic Regulation
      To elicit the views of stakeholders, to gain expertise from the concerned experts and to augment capacity to address issues that are predominantly economic in content, the Civil Aviation Economic Advisory Council was established on 9 December, 2010 under the Chairmanship of Secretary Civil Aviation and with members drawn from different fields of expertise that are directly and indirectly connected to Civil aviation sector.
    • Consumer protection measures

(i) On 6 of August, 2010 a Civil Aviation Rule (CAR) has been issued which provides for compensation and facilities to the passengers in case of denied boarding, cancellations and delays. The violation of this CAR is punishable under the provisions of scheduled VI to the Aircraft Rules, 1937. This will be a category III offence attracting a maximum penalty of 6 months in prison or Rs. 2 lac fine or both.

(ii) On 31 July, 2010 CAR has been issued in order to promote fair competition in the airline sector and to ensure that consumers do not receive inaccurate or misleading information on airline services, by strengthening the computer reservation system/global distribution system

(iii) On 3 September, 2010 the relevant Rule has been amended and circular issued to provide that the Pilot-In-Command may permit the use of cellular/mobile phones after the aircraft has landed and cleared active runway. However, this facility will not be available during low visibility conditions.

· Connectivity in North Eastern Region

(i) At present, there are 11 operational airports served by the Scheduled airlines in the North-East region viz. Dibrugarh, Guwahati, North Lakhimpur, Imphal, Dimapur, Agartala, Shillong, Jorhat, Silchar, Tezpur & Lengpui.

(ii) 348 flights per week are being operated by NACIL, Alliance Air, Jet Airways, JetLite, Kingfisher Airlines, Spicejet and IndiGo to/from these airports. The no. of flights in the NER has been increased from 286/week in Summer Schedule 2010 which is an increase of 21.67%.

(iii) In addition, Pawan Hans Helicopters Ltd. (PHHL) is providing helicopter services under the aegis of the State Governments of Arunachal Pradesh, Nagaland, Meghalaya, Sikkim, Tripura.
Further, the DGCA has commissioned a comprehensive study to evolve a roadmap for air connectivity to the North-eastern region.

Bilateral Agreements

· Election in the Council of ICAO

In the 37th Assembly session of the International Civil Aviation Organisation (ICAO) held at ICAO Headquarters at Montreal in Canada on 28 September – 08 October, 2010, elections were held for the representation of the Member State countries in the Part I, Part II and Part III of the Council of ICAO. India has contested for continuance of its representation in the Part II. The total number of seats was 12, 163 countries cast their votes. India secured 148 votes out of 162 votes and was at number 2 position in the group in terms of number of votes secured.

· Amendments of Air Services Agreements (ASAs) with foreign countries
Keeping in view the recent developments in the civil aviation sector, and with a view to modernize and update the existing ASAs with foreign countries as per the ICAO templates, bilateral air services consultations were held in 2010 with foreign countries viz. Zimbabwe, Indonesia, Ireland, Brazil, UK and Iran and the respective ASAs have been amended and finalized. Bilateral Air Services Agreements were formally signed with Bhutan, Iceland, Nepal, Bosnia & Herzegovina, South Africa and Iran. Apart from these, new Air Services Agreements have been initialled with Senegal, Barbados and Rwanda.

· Technical co-operation agreements with Nepal and Afghanistan
Technical co-operation agreements were signed by the Director General of Civil Aviation (DGCA) and Airports Authority of India (AAI) with the Nepalese and Afghan civil aviation authorities in order to provide active technical support including training of personnel to these countries by India to promote and develop civil aviation sector.

· India – EU Civil Aviation Co-operation Programme

Under the Joint Action Plan, a Civil Aviation Co-operation Project - II has been agreed to. Its Terms of Reference (TOR) have been finalized. The project called “Institutional Capacity Building in the Civil Aviation sector in India (ICAA)” has been started under India – EU civil aviation co-operation.

· India – US Aviation Joint Working Group on Security
The India – US Aviation Joint Group Meeting on Security was held in New Delhi on 20 – 21 January, 2010. During this meeting two MoUs on deployment of Air Marshals and Co-operation in Airport Technical Visits were signed between the Government of India and the Government of United States of America. The two MoUs mark the beginning of an ongoing co-operation between the two countries in matters of security.

This post is the first in a Series analysing the Indian Aviation Sector performance in the year 2010. Come back to this page for another Report Card on economic, legal and security evaluations as well as some more statistics...

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