The
International Air Transport Association (IATA) looks forward to the entry into
force of Montreal Protocol 2014 (MP14) on 1 January 2020. MP14 enhances the
capacity of states to curb the escalation in the severity and frequency of
unruly behavior on board aircraft.
This follows the 26 November 2019 ratification of MP14 by Nigeria, the 22nd
state to do so.
MP14, properly named the Protocol to Amend the Convention on Offences and
Certain Other Acts Committed on Board Aircraft, is a global treaty that strengthens
the powers of states to prosecute unruly passengers. It closes a legal gap
under the Tokyo Convention 1963, whereby jurisdiction over offenses committed
on board international flights rests with the state where the aircraft is
registered. This causes issues when unruly passengers are delivered to the
authorities upon landing in foreign territories.
Unruly and disruptive passenger incidents on board flights include physical
assault, harassment, smoking or failing to follow crew instructions. These
incidents may compromise flight safety, cause significant delays and
operational disruption and adversely impact the travel experience and work
environment for passengers and crew.
“Everybody on board is entitled to enjoy a journey free from abusive or other
unacceptable behavior. But the deterrent to unruly behavior is weak. About 60%
of offenses go unpunished because of jurisdictional issues. MP14 strengthens
the deterrent to unruly behavior by enabling prosecution in the state where the
aircraft lands. The treaty is in force. But the job is not done. We encourage
more states to ratify MP14 so that unruly passengers can be prosecuted
according to uniform global guidelines,” said Alexandre de Juniac, IATA’s
Director General and CEO.
States should also review the effectiveness of the enforcement mechanisms
available to them in line with ICAO Guidance on Legal Aspects of
Unruly and Disruptive Passengers (ICAO Document 10117) which gives
information on how civil and administrative fines and penalties can be used to
supplement criminal prosecutions.
In addition to strengthening jurisdiction and enforcement, airlines are working
on a range of measures to help prevent incidents and manage them more
effectively when they do happen. These include enhanced crew training and
raising awareness with passengers of the potential consequences of unruly
behavior on board.