Ratification of Protocols Relating to Amendments of Articles 50(a) and 56 of the Convention on International Civil Aviation

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South Africa, a Member State of ICAO, ratified the Chicago Convention and seeks support from PCOT for the amendments to Articles 50(a) and 56. The proposed changes aim to increase the size of the Council and the membership of the Air Navigation Commission to better represent the expanding membership and expertise within ICAO.


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  1. RATIFICATION OF PROTOCOLS RELATING TO THE AMENDMENTS OF ARTICLES 50(a) AND 56 OF THE CONVENTION ON INTERNATIONAL CIVIL AVIATION PORTFOLIO COMMITTEE ON TRANSPORT (PCOT ) SECRET 1

  2. OUTLINE Purpose Introduction Proposed Amendments Rationale for the Amendments Benefits for ratification Departments/Stakeholders Consulted Decision Required from PCOT SECRET 2

  3. PURPOSE To request PCOT s support on the ratification of Protocols relating to the amendment of Articles 50(a) and 56 of the Convention on International Civil Aviation (Chicago Convention) SECRET 3

  4. INTRODUCTION South Africa, as a Member State of ICAO, ratified the Chicago Convention on 4 April 1947 The Convention was incorporated into the national legislation through Schedule 3 of the Civil Aviation Act, No. 13 of 2009 South Africa is currently a member of the ICAO Council under Part I, States which make the largest contribution to the provision of facilities for international civil navigation At the 39th Session of the International Civil Aviation Organization (ICAO) Assembly held in 2016, the Assembly adopted two Protocols amending the Protocols relating to Article 50 (a) and Article 56 of the Chicago Convention SECRET 4

  5. INTRODUCTION CONT. Article 50 (a) - The ICAO Council shall be a permanent body responsible to the Assembly. It shall be composed of thirty-six contracting States elected at the Assembly Article 56 - The Air Navigation Commission shall be composed of nineteen members appointed by the Council from among the nominated contracting States SECRET 5

  6. PROPOSED AMENDMENTS Amending Article 50 (a) of the Convention to provide for the increase in the size of the Council from thirty-six members to forty members. Amending Article 56 of the Convention to provide for the increase in the membership of the Air Navigation Commission from nineteen members to twenty-one members. SECRET 6

  7. RATIONALE FOR THE AMENDMENTS The Amendments are necessary due to the following: o The large increase in the membership of ICAO and the expansion of international air transport for the national economies in many countries. o The current membership of the Council of ICAO does not strike a better balance due to the increased representation of Contracting States. o Expertise and experience from diverse operational skills and knowledge can be drawn from new Contracting States. o Other African States will be accommodated in the ICAO Council and therefore development of the African air space SECRET 7

  8. BENEFITS FOR RATIFICATION The ratification of these Protocols would benefit our country and Africa at large, considering that South Africa s aspirations of moving from Part II to Part I will be a possibility once the Protocols are ratified by the required number of Contracting States and have come into operation. These Protocols will come into force upon ratification by 128 States. To date 70 ICAO Contracting States have ratified the Protocols. Other African States will be accommodated in the ICAO Council and therefore development of the African air space. SECRET 8

  9. DEPARTMENTS/STAKEHOLDERS CONSULTED Department of Justice and Constitutional Development; Department of International Relations and Cooperation; Presidency; ESEID and ICTS; and CABINET SECRET 9

  10. DECISIONS REQUIRED FROM THE CABINET It is recommended that PCOT considers and support the referral of these two Protocols for consideration and approval by the National Assembly. SECRET 10

  11. Thank you! SECRET 11

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