Parliament Passes Ghana Civil Aviation Bill
Parliament has passed new legislation to help establish the Ghana Civil Aviation Authority (GCAA) as an autonomous entity responsible for ensuring aviation safety and security.
The new bill, the Ghana Civil Aviation Bill, 2024, repeals and replaces the existing Ghana Civil Aviation Act, 2004 (Act 678), as well as its subsequent amendments (Act 906 of 2016 and Act 985 of 2019).
When assented to by the President, the bill will provide the legal framework for the GCAA to provide air navigation services in the Accra Flight Information Region, until the new Ghana Air Navigation Services Agency is established.
The bill, which also introduces new safety and security regulations, is to streamline the GCAA’s functions in a clear and cohesive manner, empowering the director-general to ensure the protection of sensitive data, including advanced passenger information and passenger name records.
New provisions
The Director-General of the Ghana Civil Aviation Authority (GCAA), Charles Kraikue, in an interview with the Daily Graphic in Accra last Friday, said that the new legislation prohibited flying aircraft over specified areas, such as restricted military zones or sensitive infrastructure, to ensure national security and public safety.
It also forbids dangerous flying, which includes reckless or negligent behaviour that endangers the lives of passengers, crew members or people on the ground.
Mr Kraikue said compliance with rules of the air was mandatory, including adherence to altitude, speed and trajectory guidelines to prevent collisions and maintain air traffic order.
The GCAA Director-General explained that flying commercial aircraft without authorisation was also strictly prohibited, as it posed a significant risk to passenger safety and undermined the regulatory framework.
He added that the transportation of dangerous goods by air without authorisation was illegal, as it could lead to catastrophic consequences, such as explosions or fires, and compromise the safety of aircraft, passengers and crew.
The bill has also incorporated new provisions in line with the Public Financial Management Act, 2016 (PFMA) Act 921, which were not in the previous Act 678.
For instance, Mr Kraikue explained that the bill had introduced enhanced governance measures, including new obligations for board members regarding the disclosure of interests and duties, as well as their liabilities.
Towards that, the bill now stipulates that the director-general must possess a minimum of 10 years of experience in aviation matters in order to ensure that the leadership possesses the requisite expertise and depth of knowledge to effectively steer the organisation.
Mr Kraikue stated that the revisions were to bolster transparency, accountability and excellence in the governance and management of the aviation authority.
Core functions
The GCAA was established 38 years ago in 1986 under PNDC Law 151, with the core functions of regulating the aviation industry, managing airports in the country and providing air navigation services in the Accra Flight Information Region.
In 2004, a new law was passed to repeal the PNDC Law 151 with the Ghana Civil Aviation Act (Act 678), which marked a significant milestone in the development of the country’s aviation regulatory regime.
It primarily ceded off the function of airport management, which allowed for the consequent formation of the Ghana Airports Company Limited (GACL).
Act 678 also provided the legal framework necessary to ensure safety, security and efficiency in the Ghanaian airspace, and to promote the growth and development of the country’s aviation industry.
Proud ICAO member
Mr Kraikue stated that Ghana was a proud member of the International Civil Aviation Organisation (ICAO), a specialised United Nations (UN) agency mandated with the responsibility of setting global requirements for civil aviation.
These requirements, which are in the form of Standards and Recommended Practices (SARPs), serve as the benchmark for aviation safety, security, efficiency and environmental protection and guide the development of national regulatory frameworks to ensure harmonisation and consistency across the international aviation community.
“Amendments of these SARPs over the years led to the amendments of Act 678. Consequently, the Act 906 and Act 985 were enacted by Parliament,” Mr Kraikue recounted.
He said Act 906 enhanced the regulatory regime by introducing directives to ensure compliance with the ICAO SARPs to enhance the enforcement powers of the authority.
“Act 985 also streamlined the functions of the authority in preparation for the decoupling of the air navigation service provider from the authority and enhancing the powers of the director-general in line with ICAO requirements,” the Director-General said.
Fragmented nature
However, Mr Kraikue explained that the fragmented nature of Ghana’s civil aviation Acts posed challenges to effective regulatory oversight and compliance and could hinder its ability to fully ensure the highest levels of safety and security in civil aviation operations.
It also posed a challenge to stakeholders who found it difficult to determine applicable provisions as Act 678 and its amendments had not been consolidated, he added.
“Furthermore, deficiencies identified in the ICAO Coordinated Validation Mission (ICVM) in 2019 and the recent Universal Security Audit Programme (USAP) Audit held in February 2024, coupled with recent ICAO provisions and assembly resolutions for implementation by member states, underscore the need for Ghana to review and consolidate its existing primary legislation into a cohesive and streamlined regulatory framework,” the GCAA Director-General stated.
He added that emerging trends in aviation, such as drones or remotely piloted aircraft, net zero emission targets, among others, had also led to the development of new standards by ICAO, which indicated a new wave in aviation that Ghana must adapt.
