Regional Implementation of the Yamoussoukro Decision
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In addition to granting traffic rights in conformity with the Yamoussoukro Decision, the MASA also emphasizes safety and security beyond the principles of the Yamoussoukro Decision. For example, while the state parties of the Yamoussoukro Decision only reaffirm their obligation to comply with the civil aviation safety standards and practices recommended by ICAO (UNECA 2004, Article 6.12, para. c), MASA contracting states may request consultations on the safety standards of any other contracting states relating to aeronautical facilities and services, air crews, aircraft, and operations of designated airlines (MASA, Article VII, para. 1). In addition, each contracting party may withhold, revoke, or limit the operating authorization or technical permission of an airline designated by the other contracting party in the event that the other contracting party does not take appropriate corrective action (MASA, Article VII, para. 2). This unusually strong rule gives any BAG state the right to revoke the operating permit of a foreign BAG airline and effectively ground its operations. The BAG member states recognized that the level of regulatory safety oversight did not meet required international standards, and to address the shortcomings, BAG signed a memorandum of understanding to implement a technical cooperation project that was subsequently launched under the management of ICAO’s Technical Cooperation Bureau (BAG 2004b). The program focuses primarily on preparing the required technical regulation and on building capacity for regulatory supervision. Its cost is borne by international donors such as the African Development Bank, the French government, and the EU. The MASA also goes far beyond the provisions of the Yamoussoukro Decision in relation to security. While the Yamoussoukro Decision stipulates in Article 6.12 that state parties must reaffirm their obligations to protect the security of civil aviation in accordance with annex 17 of the Chicago Convention, the MASA specifically reminds contracting parties that they must act in conformity with the provisions of the Convention on Offences and Certain other Acts Committed on Board Aircraft, signed in Tokyo on 14 September 1963; the Convention for the Suppression of Unlawful Seizure of Aircraft, signed in The Hague on 16 November 1970; and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed in Montreal on 23 September 1971, which all BAG members have signed and ratified. In addition, the MASA obligates the contracting parties to provide assistance to prevent or to take action in the case of unlawful acts prejudicing the safety of aircraft, passengers, crew, airports, and air navigation facilities (MASA, Article VIII). The signing of the Yamoussoukro Decision before the events of 11 September 2001, which triggered a renewed and strong focus on aviation security, and the signing