In 1988, African Aviation Ministers met in the city of Yamoussoukro, in Cote d’Ivoire, and crafted a vision for the African Aviation Industry, then known as the Yamoussoukro Declaration on a New African Air Transport Policy. Ten years later (1999), the Ministers met again at the same venue and elaborated concrete measures for ensuring the liberalisation of air transport markets in Africa through the Decision Relating to the Implementation of the Yamoussoukro Declaration concerning the Liberalisation of Access to Air Transport Markets in Africa, also known as the Yamoussoukro Decision (YD). The Decision was adopted by the Assembly of Heads of State and Government in July 2000, in Lomé, Togo [AHG/OUA/AEC/Dec.1 (IV)].

The Decision provides for the liberalization of scheduled and non-scheduled air transport services within Africa and aims at removing restrictions on traffic rights, capacity and frequency between city pairs.

The YD has precedence over any multilateral or bilateral agreements on air services between State Parties which are incompatible with it and it focuses on internal market liberalization and fair competition as key development strategies while also addressing safety, security and environment challenges.

Several years after its coming into force, the YD which is the common African liberalization policy was not being fully implemented. These challenges were as a result of incomplete institutional and regulatory texts of the YD; differences in macro-economic policies and strategies amongst States; different levels of development and deep concerns of individual States’ interests; market position and the frail assurance of fair competition and a level playing field for both big and small airlines that were concerned that full liberalization may lead to the disappearance of their airlines as a result of anti-competitive behavior such as abuse of dominant position by bigger airlines.

Liberalization equally brought about several challenges in terms of safety, security, the environment and consumer protection, especially from the regulatory point of view.

In order to address the challenge of incomplete Institutional, Legal and Regulatory Framework of the YD, the African Ministers Conference in 2007 vested the African Civil Aviation Commission (AFCAC) with the attributions of the Executing Agency for the implementation of the Yamoussoukro Decision. Further to that decision, the African Union Commission, the AFCAC Bureau and Secretariat took a number of measures to actualize the mandate.

Several regional and sub-regional measures were also initiated to foster the realization of the implementation of the YD. The sub-regional groupings such as the Economic Community of West African States (ECOWAS), The Banjul Accord Group (BAG), Common Market of Eastern and Southern Africa (COMESA), South African Development Community (SADC) and the Authorities et Malagaches de l’ Aviation Civil (AAMAC) were and are still involved in trying to accelerate the implementation of air transport liberalization, starting from their respective territories.

IMPLEMENTATION OF YAMOUSSOUKRO DECISION: IDEAL FRAMEWORK FOR ACCESS TO MARKETS

Since the adoption of this decision, African States, Regional Economic Communities and organisations have been making efforts to ensure its effective implementation, the results of which are as follows: Flexibility in granting traffic rights; Bilateral agreements on open air space; Tariff reduction. The development of private initiative was also observed (creation of several small companies), facilitation in operations (countries which had no airlines signed cooperation agreements with African airlines and designated them as eligible companies).

It is however observed that there are still few hesitant States that continued to manage traffic rights as required under the former bilateral agreements. For the objectives of the Yamoussoukro Decision to be fully accomplished, it is necessary to review and align all civil aviation codes and bilateral agreements to the provisions of YD, improve safety and security, build capacity of civil aviation authorities in the areas of their institutional and financial autonomy as well as promoting the private sector participation.

Having a common sky in Africa will boost air travel, encourage trans-border investments and promote easy market access to African airlines, boost trade and tourism in the continent and will also allow cooperation between African carriers and collaboration in the development of basic infrastructure for the advancement of air transport in the region. Towards this end, AFCAC will continue to appeal to States adopting protectionist approach to embrace full liberalization in terms of traffic rights, capacity, frequency, designation and authorization.

Indeed, States that are eager to liberalise access to their air transport markets must show the political will, and also take the necessary steps to internalise the liberalisation process nationally. It is difficult to liberalise intra-African air transport without taking appropriate measures with respect to national operations, which, in several African countries, are still under state monopoly.

YD AND SAFETY

The Yamoussoukro Decision accorded great importance to the issue of safety, which it made an eligibility criterion for granting operating licences to airlines.

The problem of standards and air safety controls is such a complex issue that calls for cooperation and partnership at sub-regional level. It is of utmost importance to harmonise regulation of air safety in order for civil aviation, which is basically trans-national, to play its role in Africa. It is equally important for the continent to strengthen cooperation in the area of investigations in the event of accidents.

ADVANTAGES OF LIBERALISATION:

Liberalisation probably has the same advantages everywhere, but in the case of Africa, it offers additional economic interest: It strengthens the continental market; and certainly enables African airlines to participate in international air transport and continental integration.

Increase in frequency: Liberalisation makes for enhancing the range of proposed destinations, offering more frequent services, thus improving the African network.

Scaling up traffic: In most cases, liberalisation tends to enhance development of traffic.

Better service quality: Liberalisation offers great advantages to the consumer. It makes for enhanced opportunities to the traveller and improves service quality.

Improving competitiveness: Liberalisation may also enhance competitiveness of airlines, since it compels them to offer better support for competition. This may encourage them to offer new services and be more efficient in the interest of travellers.

Tariff: Opening up of the market and lowering of costs will bring about more competitive tariffs for the consumer. Some elements already show that applying a more liberal strategy has lowered prices by more than 30% for flights linking East African cities, as well as for flights linking East African cities and those of West Africa. These benefits are also open to the States, the private sector and tourism.

The cost of liberalisation will equally have to do with the negative impact on airlines, which will not be able to improve their global competitiveness by offering better quality services, increased frequency, adjustable tariffs and competitive prices. Such companies will find it difficult to survive.

The success of implementing the Yamoussoukro Decision largely depends on African countries, which have to fulfil their obligation of implementing the YD with appropriate accompanying measures (Autonomy and capacity building of ACAs, political will to liberalise, delegation of authority in the area of regulation in order to build solid sub-regional institutions etc.)