Rwanda’s Aviation Accident and Incident Investigation Directorate (AAID) is poised to gain significant autonomy, to allow for independent investigations and objectively determine the causes of aviation accidents, according to a new bill tabled before parliament.
The relevance of the draft law establishing regulations governing civil aviation was approved by the Plenary Sitting of the Lower Chamber of Parliament on Thursday, April 18. It awaits to be scrutinised by a responsible committee of the Lower House before being voted into law by its Plenary Sitting.
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A total of 44 lawmakers voted in favour of the draft law, without a single objection.
In the past, the aviation investigation agency was overseen by the Ministry of Infrastructure.
Patricie Uwase, the Minister of State in the Ministry of Infrastructure, tabled the bill on behalf of the government, and according to her, the development seeks to promote aviation safety through the conduct of independent and objective investigations into aviation accidents and incidents.
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She said it would also allow Rwanda to fulfill its international obligations under the Chicago Convention by establishing specialised, autonomous, and independent agencies to investigate transportation safety incidents and accidents, determine causation, and make recommendations for the prevention of such future occurrences.
"The agency (AAID) is responsible for the investigation of aviation accidents and serious incidents in Rwanda involving civil registered aircraft, foreign registered aircraft that occurs in Rwanda or any other place where Rwanda has interests,” she said.
"To comply with the international standard, the independence is to be effected on the functioning of the General Directorate in charge of aircraft accidents and incidents investigation in the Ministry of Infrastructure, to prevent influence, interference and real or perceived conflict of interest with the duties of this Office.”
The New Times understands that Rwanda will undergo an assessment later this year, by the International Civil Aviation Organisation (ICAO).
Aircraft accidents are often "dramatic” catastrophic events, sometimes involving the death or injury of hundreds of passengers and crew and the destruction of tens, and sometimes hundreds of millions of dollars of property, a challenge that requires an investigation body that is free of bias, and industry influence.
The agency, according to the bill, is expected to have unhampered access to the evidence, adequate financial, human, and operational resources, and possess a high degree of professional competence, integrity, and expertise.
"Many states have made investigation institutions organisationally, operationally, and functionally independent and autonomous from other governmental institutions, and in particular, from the transport regulator and the judiciary,” the bill reads in part.
For context, international standards provide that; for states that have arrangements in which the investigation authority is directly or indirectly connected to the ministry that is also responsible for the State civil aviation authority, legislative and organisational provisions are necessary to prevent influence, interference, and real or perceived conflict of interest with the investigation authorities’ duties.
In such cases, the head of the investigation authority has legislative and regulatory authority to conduct investigations, publish findings, and the final report without any influence from the ministry.
The new bill also seeks to domesticate the international requirement for the establishment of a committee for civil-military cooperation in air traffic management that brings together civil and military authorities to cooperate in the management of airspace.
According to the bill, civil-military cooperation in air traffic management also allows a country to better respond to international threats such as terrorism, counter unlawful interference as well as prevent the associated disruptions to civil aviation.