11 August 2017

Mozambique: New Regulation to Protect Passenger Rights

Photo: Embraer
A Mozambique Airlines aircraft (file photo).

Maputo — The Mozambican Civil Aviation Institute (IACM) has started discussions of a new regulation which will ensure better protection of passenger rights from airlines operating in the country.

For that purpose, on Friday the IACM brought together in the same table representatives of airline companies operating in the country and civil society organizations to discuss a new draft regulation for the protection of passenger rights, which will be submitted to the Council of Ministers (the Cabinet) by the end of this year.

The new regulation provides for involuntary denied boarding compensation an amount equivalent to four minimum wages for domestic flights, six minimum wages for regional flights and nine for intercontinental flights.

It also contains provisions for non-compliance by airlines with the right to reimbursement or re-routing of passengers and due logistical assistance.

Involuntary denied boarding, cancellation or delay of the flight, damage, loss and delay of baggage are some issues that will be addressed in the new IACM regulation, in order to guarantee an adequate and fair treatment to passengers.

This rule will be applied to passengers departing from an airport located in the country, as well as those departing from an airport located in a third country, to an airport located in Mozambique if the air liner is registered in the country.

João de Abreu, Chairperson of IACM Board of Directors, believes that the new regulation will bring added value to both airlines and passengers in the fulfilment of their rights and obligations, which is not the case at present.

"The regulation is already in the final stages and we thought it would be wise to listen the airline companies before we submit it to the parliament, because it establishes how passengers should be treated," said João de Abreu.

He added that drafting of the regulation was not only based on the reality of the country, but also sought to align with the regulations of other countries in the region and international standards.

"Now there is no legal framework that can be used in case of disputes.

Often passengers will discuss with airliners in case but it ends there.

There is no any regulation if the case needs to go to court"

IACM supports that disputes between air companies and passengers should be solved by competent courts.

In 2016, the parliament passed the Law 5/2016 which establishes a regulatory framework for civil aviation and passenger rights in the event of disputes.

Mozambique is a signatory to several international conventions and platforms on civil aviation, including the African Civil Aviation Commission (AFCAC), the Montreal Convention, among others.


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