1.    BACKGROUND

The concept of liberalization of air transport in Africa emerged in 1988 with the adoption of the Yamoussoukro Declaration of the Conference of African Ministers responsible for Civil Aviation in Yamoussoukro, followed ten years later by the Yamoussoukro Decision (YD) of 1999. The decision was subsequently endorsed by the AU Heads of State and Government Assembly through Decision AHG/OAU/AEC/Dec.1 (IV) in Lomé, Togo, in July 2000. It came into force since August 12, 2002, after the expiry of the transitional period of 2 years.

Article 9 of the YD establishes the institutions concerned with implementation of the decision. In article 9.1, Pursuant to paragraph 4 of Article 25 of the Abuja Treaty, a Sub-Committee on Air Transport of the Committee on Transport, Communications and Tourism was established with responsibility for the overall supervision, follow-up and implementation of this Decision. The Sub-Committee on Air Transport (CMAT) is currently a sub-committee of the Sectoral Technical Committee for Transport, Transcontinental and Interregional Infrastructure, Energy and Tourism (STC TTIIET).

Article 9.2 of the decision establishes the Monitoring Body of the YD to assist the Sub-Committee on Air Transport composed of African Ministers Responsible for Civil Aviation in the follow-up of the implementation of this decision. It is composed of representatives of the AU, UNECA, AFCAC1 and AFRAA and can be assisted by representatives of sub-regional organizations, as the case may be. Article 9.3 defines the duties and responsibilities of the Monitoring Body as set out in Annex 2 of the Decision with secretariat services required by the Body to be provided by the ECA.

An African Air Transport Executing Agency (AATET) was established in article 9.4, with responsibilities to supervise and manage the African liberalised air transport industry. This entity, also known as the Executing Agency (EA) of YD, was finally established in 2007 during the 3rd AU Conference of Ministers responsible for Air Transport , held in Addis Ababa, Ethiopia, in May 2007. The CMAT decided to entrust the

_{1    AFCAC – The African Civil Aviation Commission has two major functions – it is the specialised agency of the African Union on matters of Aviation in particular covering matters related to aviation safety and security. However AFCAC is since 2007, the Executing Agency of the Yamoussoukro Decision. Therefore its role in the monitoring body is related to AFCAC as the specialised agency AU.}
 
functions of the Executing Agency (EA) to the African Civil Aviation Commission (AFCAC) in conformity with Article 9.3 of the YD which provides for the establishment of the EA (Doc. EX.CL/350 (XI) and the AU Summit of July 2007 endorsed the resolution on entrusting the functions of the Executive Agency of the 1999 Yamoussoukro Decision to the African Civil Aviation Commission – AFCAC (EX.CL/Dec 359 (XI).

Article 9.5 further indicates that the Executing Agency shall have sufficient powers to formulate and enforce appropriate rules and regulations that give fair and equal opportunities to all players and promote healthy competition and shall also ensure that consumer rights are protected. To enable the operationalisation of the Executing Agency, the African Ministers of Transport adopted the Regulatory text of the YD, i.e. Competition rules, consumer protection regulations, a dispute settlement mechanism and the Powers and Functions of the EA. The text on the Powers and Functions of the Executing Agency are pertinent in defining the Duties and Responsibilities of the Monitoring Body as defined in Annex 2 of the YD.

Other development pertinent to this review are the (a) the modification of the AFCAC constitution to carter for AFCAC’s new role as the Executing Agency of YD, (b) The establishment of an African Civil Aviation Policy and

(c)    the elaboration of the African Union agenda 2063 in 2013 with specific flagship project on the establishment of the Single African Air Transport Market by June 2017 ((Assembly /AUC/Commitment/XXIV). The Single market will be realised through the full implementation of the Yamoussoukro Decision.

It should be recalled that UNECA played an active and major role in the inception period of YD including carrying out specific studies and providing clarifications on the implementation of the Yamoussoukro Decision. However UNECA’s precise role as secretariat of the Monitoring Body was never defined. Hence in due cause, UNECA has not put in the same effort in contributing in the formulation of aviation policy in the continent as in the 90s. As the ‘Think Tank’ organisation of the African Union, it is important to specify and strengthen the role of the UNECA as secretariat of the Monitoring Body of YD.
 
2.    REVISED DUTIES AND RESPONSIBILITIES OF THE MONITORING BODY (MB)

The Monitoring Body, as established under Article 9 of this Decision, shall have the following duties and responsibilities

The mission of the Monitoring Body is to assist the Ministers Responsible for air Transport ensure the full implementation of the Yamoussoukro Decision and realisation of the Single African Air Transport Market in Africa. In this capacity, the MB shall have oversight and advisory responsibilities over the functioning of the SAATM and the role of facilitating the smooth operation of the market at a strategic level, in support of the Executing Agency.

It shall therefore carry out the following duties:

1.    Prepare, for adoption by the Ministers Responsible for air transport, the relevant annexes to the Decision;

2.    Assist the AU to organize the meeting of the sub -committee on Air Transport of the Committee on Transport, Communications and Tourism;

3.    Bring to the attention of the Ministers Responsible for air transport, any provisions of the Decision that hinders the development of air transport in Africa and/or impose difficulties in the application of the decision, with recommendation for mitigation.

4.    Analyse and plan for the periodic review of the Decision (article 11.5).

5.    Ensure appropriate regulations are in place for the smooth functioning of the Single African Air Transport Market;

6.    Receive declarations made in accordance with the Decision, notification of withdrawals of any declaration of complaints and requests and shall inform the Depository accordingly;

7.    Ensure the implementation of Resolution, Declaration, Directives and Decision of the Ministers responsible for air transport, the AU Executive Council and Assembly as concerns air transport matters in Africa;

8.    Issue such Directives as necessary to the Executing Agency of YD, in accordance with the Powers and functions of the Executing Agency and AU procedures;

9.    Ensure the fair and equal application of the Yamoussoukro regulatory text on competition and consumer protection;

10.    Define and advice the sub-committee on Air Transport of the Committee on Transport, Communications and Tourism on the qualification of membership of the African Civil Aviation Tribunal

11.    Provide its opinion, when requested, on any disputes resulting from the application and/or interpretation of the Decision and recommend solution to the dispute to the Africa Civil aviation arbitration tribunal

12.    Support the Executing Agency of YD in Formulating proposals on studies, seminars, workshops and other measures aimed at enhancing and updating air transport services in Africa;

13.    Request competent national and international bodies for the support required to carry out studies, seminars, work programs and other measures aimed at enhancing and updating air transport services in Africa;

14.    Ensure a seamless implementation of the Yamoussoukro Decision between and within sub-regions and the realisation of the Single Market cross the continent;

15.    Advocate and facilitate fund mobilisation for sustainable operation of the single African air transport market and financial sustainability of the Executing Agency of YD.

16.    Ensure the application of a monitoring and evaluation mechanism on the implementation of YD;

17.    Assist the sub-Committee on Air Transport of the STC to review any reports and/or recommendation submitted to the Ministers for consideration on all activities concerning the functions of the Executing Agency and other matters requiring political Decisions in accordance with the African Union procedures;

18.    Participate in the process of approving the work programme, business plan, budget, rules and regulations of the Executing Agency of YD;

19.    Ensure that the Executing Agency adopts and implements appropriate rules and regulations for the smooth management of the air transport market in Africa;

20.    Perform any other duties as may be required by the sub-Committee on Air Transport of the STC;

Seat of the Committee

21.    The seat of the Monitoring Body will be within ECA, which is designated to serve its secretariat.

22.    The Secretariat of Monitoring Body shall;

(a)    Convene regular meetings of the MB and maintain records of the proceedings;
(b)    Keep records of membership of the SAATM;

(c)    Undertake specific studies on the performance of the single market;

(d)    Prepare for the Monitoring Body draft reports on the activities of the Monitoring Body to be submitted to the Minister responsible for air transport; and

(g)    Host and ensure a functional database and knowledge portal for African Air Transport is operational a report on the activities of the Monitoring Body to the Minister responsible for air transport.

Meeting

23.    The Monitoring Body will meet, on a rotational basis, at least twice a year. The monitoring Body shall also participate in the Plenary meeting (ordinary sessions) of the Executing Agency of YD

Funding

24.    Participation in meetings of the Monitoring Body will be funded by each participating organization.

25.    Other activities of the Monitoring Body could be financed from external sources.