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ICAO - 33rd Session of the General Assembly

The 33rd Session of the General Assembly was convened towards the end of September 2001, and therefore shortly after the terrorist attacks using civil aviation in America. As a result, the security concerns emanating from this event are a clear priority and this is reflected in the abundance of meetings and working papers that discuss the issue. In order to compile the working papers and corresponding resolutions in a clear format, the previously discussed topic of the Mechanism and the 'Consolidated Statement' on unlawful interference will be dealt with first before moving on to the newly introduced measures and recommendations.

'Consolidated Statement of continuing ICAO policies related to the safeguarding of international civil aviation against acts of unlawful interference':
Working paper 3 deals with the annually updated consolidated statement - although this year few substantial amendments are made, presumably as a result of the additional, innovative resolutions mentioned below. One key change that should be noted is highlighted on page 11 at paragraph 3, notably the change in name of the Mechanism. Whereas, for several years the full title of the mechanism was the "Mechanism for financial, technical and material assistance to States with regard to Aviation Security and its overall future requirements", the new reference is the 'Mechanism for implementation of Standards and Recommended Practices (SARPs) contained in Annex 17'. While this may not represent a significant move, without access to the full text of Annex 17, it is difficult to judge, although it would certainly seem to demonstrate a definitive move towards universalisation of standards.
This change is formalised in Resolution A33-2 at Appendix F.

Working Paper 39 of the 33rd Session discusses the content of the Mechanism. Again there are few significant changes made to the content of the mechanism, although one positive point to note is that the experts involved in Short Term Experts (STE) Programme (discussed above) are drawn from a much wider pool involving 28 countries as opposed to merely 8 countries.

Resolution 33-1 is a new resolution and constitutes a declaration on the misuse of civil aircraft as weapons of destruction and other terrorist acts involving civil aviation. This resolution follows the content of working paper 152 entitled 'Terrorist Attacks involving Civil Aviation'. As a result, the Resolution:
  • Urges Contracting States to intensify efforts to achieve full implementation and enforcement of multilateral conventions on aviation security, as well as of the ICAO Standards and Recommended Practices and Procedures relating to aviation security;
  • Urges all states to contribute to the Mechanism;
  • Directs the Council to review and enhance existing aviation security provisions, including Annex 17 and other related annexes, and to consider their updating to meet the new threat;
  • Directs the Council to convene an international high-level ministerial conference on aviation security with the objectives of preventing, combating and eradicating acts of terrorism.

With regard to the review and updating of Annex 17, this issue is discussed in more detail on working paper 153. Unfortunately, once again there is not enough information provided about Annex 17 in order to decipher the basis for security policy at ICAO, however it does provide a small insight and illustrates plans for amendments and enhancements to both Annex 17 and the ICAO Security Manual - the latter also not being readily accessible to the public. Additionally, it confirms the shift in objective of the Mechanism, which is now the implementation of the SARPs rather than 'financial, technical and material' assistance. The intention to implement 'a regional approach for the execution of the AVSEC Mechanism, in co-operation with international and regional organisations dealing with security' is expressed, although no information is provided as to what these organisations are.

Working paper 169, presented on behalf of the European Union Community and its Member States also discusses aviation security. This document is interesting because it highlights to some degree the existence and role of regional aviation commissions or conferences. Working paper 169 concerns the European Civil Aviation Conference (ECAC), which also designs and sets multinational standards related to security. (The relevant ECAC document for setting standards in the arena in which the Policy Laundering Project is concerned is Document 30 - which contains periodically updated guidance on security issues and travel document standards). The working paper shows the Travel Council of the European Union calling for heightened implementation of the guidance in Document 30 and a review of the key measures contained in the document 'in light of recent events'.
It also reveals the Council of Europe has developed an ad-hoc multi disciplinary group responsible for examination of co-operation needs to 'guarantee the consistent introduction of security measures' and to consider legislative initiatives to guarantee implementation. The European Community and the ECAC proceed to advise that Annex 17 should be reinforced 'to include mandatory common preventive measures' using the ICAO Security Manual, ECAC Document 30 and any other relevant material. They also advise the institution of a 'worldwide aviation security audit system for assessing airport security arrangements and national civil aviation security programmes' using, as appropriate the model developed by the ECAC.

Working paper 175, concerning aviation security, is presented by the International Air Transport Association (IATA). The IATA calls for security measures at all international airports to be harmonised and to meet or exceed the provisions of Annex 17. The IATA emphasises two areas it considers of importance: primarily, the rapid exchange of security information between State agencies and the airlines and airport operators. Secondly, the most effective way to develop and implement aviation security measures is through full consultation between industry and government. IATA advocates joint consideration between governments and operators to develop the role of technology and to address the new security threats to civil aviation. It strongly supports the ICAO's Technical Advisory Group and the new Technologies Working Group and specifically mention support for the ICAO's work on machine readable travel documents and the Simplifying Passenger Travel (SPT) initiative which has determined that the use of biometrics will increase security on the grounds there will be greater certainty regarding the identity of passengers. Finally, it calls the Assembly of ICAO to urge all contracting states to consider the use of biometrics in the travel documents they issue.

Resolution A33-3 quite simply directs the Council "to seek ways to shorten the process for approval and adoption of SARPs considered of key importance for the safety and security of civil aviation, wherever deemed necessary'. Despite the brevity of this Resolution, what is actually being advocated is the minimisation of necessary discourse and debate on policies that have universal ramifications, which is a key target of the policy laundering project.

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