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ASSEMBLY 24th Session Doc 9415 A24·Min. P/1·15 Montreal, 20 September - 7 October 1983 PLENARY MEETINGS Minutes Approved by the Assembly and published by authority of the Secretary General INTERNATIONAL CIVIL AVIATION ORGANIZATION
Transcript

ASSEMBLY 24th Session

Doc 9415 A24·Min. P/1·15

Montreal, 20 September - 7 October 1983

PLENARY MEETINGS

Minutes

Approved by the Assembly and published by authority of the Secretary General

INTERNATIONAL CIVIL AVIATION ORGANIZATION

Published in separate English, French, Russian and Spanish editions by the International Civil Aviation Organization. All correspondence, except orders and subscriptions, should be addressed to the Secretary General.

Orders for this publication should be sent to one of the following addresses, together with the appropriate remittance (by bank draft or post office money order) in U.S. dollars or the currency of the country in which the order is placed.

Document Sales Unit Iruernational Civil A~iation Organization 1000 Sherbrooke Street West, Suite 400 Montreal, Quebec Canada H3A 2R2

Argentina. EJ Ateneo, Pedro Garcia S.A.L.E. e 1., Dpto. Compras- lmportaci6n, Patagones 2463, 1282 Buenos Aires.

Egypt. ICAO Representative, Middle East and Eastern African Office, 16 Hassan Sabri, Zamalek, Cairo.

France. Representant de J'OACI, Bureau Europe, 3bis, villa Emile-Bergerat, 92522 Neuilly-sur-Seine, Cedex.

India. Oxford Book and Stationery Co., Scindia House, New Delhi or 17 Park Street, Calcutta.

Japan. Japan Civil Aviation Promotion Foundation, 15-12, 1-chome, Toranomon, Minato-Ku, Tokyo.

Mexico. Representante de Ia OACI, Oficina Norteamerica y Caribe, Apartado postal 5-377, Mexico 5, D.F.

Peru. Representante de Ia OACI, Oficina Sudamerica, Apartado 4127, Lima 100. Senegal. Representant de J'OACI, Bureau Afrique, Boite postale 2356, Dakar. . Spain. Libreria de Aeronautica y Astronautica Sumaas, Desengaiio, 12-3°-3, Madrid 13. Thailand. ICAO Representative, Asia and Pacific Office, P.O. Box 614, Bangkok. United Kingdom. Civil Aviation Authority, Printing and Publications Services,

Greville House, 37 Gratton Road, Cheltenham, Glos., GL50 2BN.

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(i)

TABLE OF CONTENTS

MINUTES OF THE FIRST MEETING, 20 SEPTEMBER 1983, 1100 hours ..•••••••.......•••. 1

Opening of the Session by the President of the Council....................... 1 Address by His Worship, Jean Drapeau, Mayor of Montreal...................... 3 Address by the Honourable Jacques-Yvan Morin, Deputy Premier

of Quebec . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . • • . . • . . . . . . • . • . . . . . . . . . . . • . . . • • 4 Address by the Honourable Lloyd Axworthy, Minister of Transport of

Canada . . . . . • . . . . . . . . . • • . . . . . . . . . . . . . . • • • . • . . . • . . . . . . . • . . . . . . . . . . . . . . • . . . . • • 7 Expression of thanks to Mr. Lloyd Axworthy • . . . . • • . . . . . . . . . . . • . . . . . . . • • . . • . . . . 10 Establishment of the Executive and Credentials Committees •••....•....•....••• 11 Deadline for notification of candidacies'for the First and Second Parts of

the Council election . . . . . . . . • . . . . . . . . . . . . . . • • . . . . . • . . . . . . . • • • . . . . . . . . • • . . . . 11

MINUTES OF THE SECOND MEETING, 20. SEPTEMBER 1983, 1500 hours . ~.. . • • • . . . . . . • . • • . . 12

Interim Report of the Credentials Committee . . . . . . . . . . • . . . . . . . . . . . . • . . . . . . . . . • . 12 Statements by Delegations of Contracting States and of Observers •.......•...• 13

- Jamaica . . • . . . . . . . • . • • . • . . . . . . • • . . • . . . . . . . . . . • . . • . • • . . . . . . . . . . • • • . . . . . . . . • 13 - Japan .....•.....•.....•..•.••.•..............••...........•..••... ·......• 16 - Malaysia . . . . . . • . . . . . . . . • . . . . . • . . • . . . . . . . . . . . . . . . • . . . . . . . . . . . . . • • . . . . . . . . . 17 - Maldives . . . • . . . . • . . . . . • . . . . . . . . . . . • • • . . . . . . . • . • . . • • . . • . . . . . . . . • . • . . . . . . . . 19 - Mexico ......•.....•.....................•.•..... ·.....••..........••..•... 20 - Nepal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . • . . . . . . . . . . . • . • • • . . . . . . . . . • 21 - Netherlands, Kingdom of the . . . . . . . . . . .. . . .. . . . . . . • • . . . . . . . . • . . • . • . . . . .. . . . 23 - New Zealand . • . . . . . . . . . . . . . • . • . . . . . . . . • . • . . . . . . . . . . • . • . • . . . . . . . . . . . . . . • • . . 24 - Nigeria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • . . . • . . . . . . . . . • . • . . . . . • . . . . . . . . . • . . 27 - Pakistan . . • . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 - Panama . . . . . . . . . . • . • . • . . . . . . . • . . . . . .. . . . . . . . . . . . . . • . • . . . . . . . . . . • . . • • . . . . . . . 30 - Papua New Guinea . . . . . . • . • . • . . . . . . . . . . . . . . . . . . . . . • . . . . . • . . . . . . . . . . . • . . . . . . 32

MINUTES OF THE THIRD MEETING, 21 SEPTEMBER 1983, 1053 hours .•••...............•. 35

Statements by Delegations of Contracting States and of Observers .........•.•. , 35 - Poland . • . . . • . . . . . . . . . • . . . . . . . . . . . . . . . . . . . • . • . • . • . • . . . . . . . . . . . . . . . . . . . . . • . 35 - Portugal • . . . • . . . • . . . • . . . • . • . • . • . . . . . . . . . . . . . . . . . . . • . . . • . • . . . . . . . . . . . . . . . . 37 - Republic of Korea .........•...•...•.•.•...•.... , . . . . .. . . . . . . . . . . . . . . . . . . . . 39 - Saudi Arabia . . . . . . . . . . . . . . . . . . . . . . . . . . . • . • . . . . . . . . . . . • . • . • . . . . . . . . . . . . . . . 41 - Sierra Leone ............•...•....... · .............•....•...•.. ; . . . . • . . . . . • 43 - Singapore . . . . . . . . . • . . . . . . . • . • . • . . . . . . . • . . . . . . . . . . . . . . . • . . . . . . . • . • . . . . . . . . 44 - Spain ...........•...•.•...•.........•.. ~ . . . . • . . . . . . . • . . . . . . . . . • . . . . . . . . . . 44 - Thailand . . . . . . . . . . . . • . • . • . . . . . • . . . . . . • . . . . . . . . . . . . . . • . • . • . . . . . . . . . . . . . . . . 45

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MINUTES OF THE FOURTH MEETING, 21 SEPTEMBER 1983, 1430 hours ...........•...•••

Adoption of the Agenda •.......•.•.•••.....•.....•...............•........... Establishment of Commissions, Co-ordinating Committee and election of

Chairmen of Commissions ................................................... . Reference of Agenda Items to the Executive Committee and Commissions and

Directives concerning Co-ordination of Action by those Bodies •..•....•.... Annual Reports of the Council to the Assembly for 1980, 1981 and 1982 and

Work Programme for 1984-86, and their reference to the Executive Committee as a whole and to Commissions as necessary ..•.........•.•...•.•.

Assembly resolutions to be consolidated or to be declared no longer in force and their reference to the Executive Committee and Commissions ..... .

Maximum number of States to be elected in each part of the election .......•. Statements by Delegations of Contracting States and of Observers ........... .

- Saint Lucia ..•......•.....•••.•••.•...•...•...............•............. - Turkey •...•........•...•.•.•.•.•.•.......•..•..••.•..•••....•....•...... - Uganda ....•.........•.•.•.....•.•.....•.....•.......•.•.•.•.••.......... - Union of Soviet Socialist Republics ....•.........•.•.•...•.....••....... - Uruguay ........••••...•••...•.•....•.......•.....•...•.•.....•.•........ - Venezuela ...........•.•...•.•.....•.•.......•.................•.•...•... - Australia •....•..•..•.•••....•.•.•.•.•.•...•.....•.............•.•...... - Guatemala - Hungarian People 1 s Republic ..•.•.....•.•.•.•.•...•...•.................. - Socialist Federal Republic of Yugoslavia •..••.........•.•...•.•.......•. - Ango).a ...•.................•.•.•...•.....•...................•.....•...•

MINUTES OF THE FIFTH MEETING, 22 SEPTEMBER 1983, 1150 hours .........•...•.....

Statements by Delegations of Contracting States and of Observers ........... . - Bulgaria ...........•..••.•...•.•.....•...•.................•.•...•...... - Indonesia .......••..•......•.......•...•...•.....•.....•.•...•.......... - Philippines ...............•...•.....•.•...•.......•..................... - Afghanistan •...............•..•........•...•.•.......................•.. - Antigua and Barbuda ...........•.•.•.....•.•.....•.................•..... - Bangladesh .•...........•.•.•.•.........•.•.•.•...................•.....• - Belgium, Kingdom of .................•...............••................•. - Chile .........•......•.•..... ,,. ....•.•..................................

MINUTES OF THE SIXTH MEETING, 22 SEPTEMBER 1983, 1530 hours .................. .

Election of the President and Vice-Presidents of the Assembly .............. . Election of Chairmen of Commissions .•••.•.•.•.•.•.....•.....................

47

47

48

48

48

48 49 49 49 50 51 52 56 57 61 63 64 66 67

69

69 69 71 74 75 76 77 79 80

85

85 86

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Annual Reports of the Council to the Assembly for 1980, 1981 and 1982 and Work Programme for 1984-86, and their reference to. the Executive Committee as a whole and to Commissions as necessary . . . . • . • • . . • • • • . . . . • . . . . 86

Statements by Delegations of Contracting States and of Observers •.••.•...•••• 97 - Cuba .••...........•..•.•.•.•.•.•.•.•...•••...•.. , . . • . . . . . . . • • • . • . . . • • • . • • 97 - Cyprus . • • • . • . • . • . • . . . • . • . . . . . • . . . . . . . . . • . • . • . • . • . • . • . . . • . • . • . . . . • • . • . . • . • 98 - Czechoslovak Socialist Republic •.......•.•••.•.•...•.•...••••.........••. 101 - Ecuador . • . . . . . . . . . . • . . • . . . . . . . . . . • • . • . • • • • • . • . • . . . . . . . . . . . • . . . • . . . • . . . • • • 104

MINUTES OF THE SEVENTH MEETING, 23 SEPTEMBER 1983, 1000 hours .•.....•.•.•.•.•.• 106

Statements by Delegations of Contracting States and of Observers ..•.••••..•.. 106 - Egyut, Arab Republic of . . . . . . . • . . . . . • . . . . . • . • . . • • . • . • . • . • . . . • • • . . . • . • . . . . 106 - Ghana ..........•...•...•...............•...•.•.•••.•.•.•.•..••.•...•.•••• 109 - Greece • . • . . • • . . . . . . . . . • . • . • • • . • . • • • . • . • . . . • . • . . . . . . . . . . . . . . . • • • . . • . . • . . . • 111 - Grenada •.•..•............•...•.•.•.•.•.•..••.•.•.•...... :. . . . . . • • • • • . . . . . 112 - India .....•...•.........•..•................•.....•.•.•.•••••••.••..•.... 114 - Iran, Islamic Republic of .....•.........•.•...•.•.••.•.•.•.••••••.. -•..... 116 - Ivory Coast ...............•..•••.•.......•.••••• ; ..•.•.•.•.•.•••.••....•. 118 - Iraq •....•.....••.•.•.•...•••.•...•...•••.•...•.•••............•...•.•••. 119 - Lao People's Democratic Republic •..........•.•...•.•.•.•.•.•.•.....•...... 120 - Nicaragua . . . . . . . . • . . . . . • . . . . . . . . . . . . . . . • .. • . • . • . . . • . • • • • • . • . • . • . • . • . • • • • . . 122 - United Kingdom ...•..••.....•............••••••••. ·, • • • . . . . • . • . . . . . . . . • • • • . 124

MINUTES OF THE EIGHTH MEETING, 23 SEPTEMBER 1983, 1430 hours ..............•...• 126

Statements by Delegations of Contracting States and of Observers ••••...•..••. 126 - Peru •...•.•...•...•......•....... , . . . • • . . • . . . . • • . • . . • • . • . • . • . • • . . . . . . . • . . 126 - United States ..•.....•.....•...•...•.....•...•.•••.•.•.•.•••••••.•...•... 128 - Algeria • . . . . • . . . . . . . . . . • • . • . . . • . . . . . • . . . . . • . • . . • • • • • • • • • • . • • • . • . • . • . . . . . . 129

MINUTES OF THE NINTH MEETING, 24 SEPTEMBER 1983, 1000 hours ........•.•...•.••.• 132

Election of Contracting States to be represented on the Council. -Parts I and II of the election .....•.....•••..••••.•.•.•.•.•.•...•. .'. . . • . • . 132

Deadline for presentation of candidatures for Part III of the Council election . . . . . . . . . • . . . • . • . • . • . • . . • • . • . . . • . • . • . • . • • . . • . . . . • . . • . . . • . . . . • • • • . • . 134

MINUTES OF THE TENTH MEETING, 26 SEPTEMBER 1983, 1000 hours •....•.•. ~ •..••..••. 135

Statements by Delegations of Contracting States and of Observers ....•.....•.• 135 - Romania • . . . . . • . . . . . • . . . • . • . • . . . • . • . • . . . • . • . • . . . • . . . . . • . • . . . . . . . . . • . . . • . • • 135 - Senegal ~ . . . . . . . . . . . . • . . . . . • . • . . . • . . . • . • . . . . . • . . . • . . . . . . . . . . • • . . . . . . . . . . . . 136 - German Democratic Republic . . . . . . . . . . . • . •.. . . • . . . . . . . • . • . • . . . . . . . • . • . . . . . . . 138

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- African Civil Aviation Conunission (AFCAC) ••.....•.....•.•.••............. 139 - Agency for the Security of Aerial Navigation in Africa and

Madagascar (ASECNA) . . . . . . . . . . . . . . . . • . . . • . • . . . • . . . • . • . • . • . • . . . . . • . • . • . . . 141 -Latin American Civil Aviation Conunission (LACAC) .....•..•....•.....•.•... 143 - Organization of African Unity (OAU) .......•.•.•.•.....•.•.•.............. 145 -Airport Associations Coordinating Council (AACC) ...•.......•.•.•.•.•.•.•. 146 -International Air Transport Association (lATA) ......•.•.•.•...•.•...•.•.. 148 - International Chamber of Commerce (ICC) •...•.......•.........•...•.•.•.•. 151 -International Federation of Air Line Pilots' Associations (IFALPA) ....... 152 - Republic of the Gambia ....•.........•.•.....•...•.•.•.•.................. 155

MINUTES OF THE ELEVENTH MEETING, 27 SEPTEMBER 1983, 1430 hours ................. 156

Election of Contracting States to be represented on the Council -Part III of the election .......•....••.•.•.•.•.•.•.•.•.•.•...•.......•..... 156

MINUTES OF THE TWELFTH MEETING, 1 OCTOBER 1983, 1000 hours •.........•.•.•..••.• 159

Approval of Minutes of the First, Second, Third, Fifth, Eighth, Ninth and Eleventh Meetings • . • . • . . . . . . . • . • . . • • . • . • . • . . . . . • . • . • . • . • . • . . . • . . . • . . . . . 159

Approval of Reports of the Executive Committee on Agenda Items 4, 5, 5.1, 6, 8 and 9 . . . . • . . • . . . . . . . • . • . • . • . • • . . • . . . • . . . • . • . • . • . • . • . • . • . • . . . . . • . . . . . • . . . • 159

Approval of Report of the Executive Committee on Agenda Item 7 (Extraordinary Session of the Council) •••...•.....•.•.•.•.•.........•...... 160

MINUTES OF THE THIRTEENTH MEETING, 6 OCTOBER 1983, 1430 hours 168

Approval of Minutes of the Fourth, Sixth and Tenth Meetings .............•.... 168 Approval of the Report of the Executive Committee on Agenda Item 7 .•...•..... 169 Approval of the Report of the Legal Conunission on the General Part and

on Items 7, 21 and 22 .••..•.•.......•.•.•.•.•.•...•...........•.....•...... 169 Approval of the Report of the Administrative Commission on the General

Part and on Items 7, 23, 24, 26.1, 26.2, 27, 28, 29 and 30 ................. 170 Approval of the Report of the Technical Conunission on the General Part

and on Agenda Items 7, 1·4, 15 and 16 ....................................... 172 Approval of the Report of the Economic Commission on Agenda Items 7, 17,

17.1, 17.2, 18.1, 18.2-first part and 18.3 ................................. 174

MINUTES OF THE FOURTEENTH MEETING, 7 OCTOBER 1983, 1054 hours ..........•....... 176

Approval of Minutes 0f the Seventh Meeting ................................... 176 Approval of Reports of the Executive Committee on Agenda Items 12, 11, 13

and 7 •.........•...........•.......•...........•.•.........•...•........... 176

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Approval of Reports of the Economic Commission (General Part, Agenda Items 18.2, 18.4, 19 and 20) ........................................ 177

Approval of Report of the Credentials Committee .............................. 178 Statement of· the United States ...........•.•................................. 180

MINUTES OF THE FIFTEENTH MEETING, 7 OCTOBER 1983, 1430 hours ................... 182

Approval of the Report of the Executive Committee on the General Part ........ 182 Approval of the Report of the Executive Committee on Agenda Item 7 ........... 182 Assembly resolutions to be consolidated or to be declared no longer in

force ........•.•.................................•......................... 184 Approval of outstanding Minutes .............................................. 184 Votes of thanks ...............•....•... : ................•.................... 184

SUBJECT INDEX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187

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SCHEDULE OF ITEMS DISCUSSED BY THE PLENARY MEETINGS

Date and Number of Meetings

·-Sept. 2() 20 21 21 22 22 23 23 24 26 27 Oct. 1 6 7 ;

Item 1 2 3 4 5 6 7 8 9 10 11 12 13 14 L~:

·-1. Opening of the Session by the

X I

President of the Council

2. Statements by delegations of Contracting States and of X X X X X X X X

Observers

3. Establishment of the Executive X and Credentials Committees

4. Election of the President and X Vice-Presidents of the Assembly

5. Adoption of the Agenda X

5.1 Reference of agenda items to the Executive Committee and Commissions and directives X concerning co-ordination of action by those bodies

6. Establishment of Commissions, Co-ordinating Committee and X X election of Chairmen of

I Commissions

7. Annual Reports of the Council to the Assembly for 1980, 1981 and 1982 and Work Programme

X X for 1984-86, and their reference to the Executive Committee as a whole and to Commissions as

' necessary

8. Assembly resolutions to be consolidated or to be declared X X no longer in force and their reference to the Executive Committee and Commissions

9. Election of Contracting States to X X X X be represented on the Council

10. Reports by Commissions and Committees of the Assembly and I action thereon I

- Credentials Committee X X - Executive Committee X X X X - Technical Commission X - Economic Commission X X - Legal Commission X - Administr3tive Commission X

1.

2.

3.

4.

A24-Min. P/1

Minutes of the First Meeting

(Tuesday, 20 September 1983, at 1100 hours)

SUBJECTS DISCUSSED

Opening of the Session by the President of the Council (Agenda Item 1,)

Address by His Worship Jean Drapeau, Mayor of the City of Montreal

Address by the Honourable Jacques-Yvan ~orin, Deputy Prime Minister of Quebec

Address by the Honourable Lloyd Axworthy, Minister of Transport of Canada

Establishment of the Executive and Credentials Committees (Agenda Item 3)

Deadline for notifications of candidacies for the first and second parts of the election of the Council (Agenda Item 9)

SUMMARY OF DISCUSSION

Agenda Item 1: Opening of the Session by the President of the Council

1. The President of the Council, Dr. Assad Kotaite, as Temporary President of the Assembly, declared the 24th Session of the Assembly open and spoke as follows:

"It is a great honour to have with us at this First Plenary Meeting of the Assembly the Honourable Lloyd Axworthy, Minister of Transport, representing the Goverrunent of Canada; the Honourable Jacques-Yvan Morin, Deputy Prime Minister of Quebec, representing the Government of Quebec, and His Worship Jean Drapeau, Mayor .of the City of Montreal.

On behalf of the Council of ICAO and the Secretary General, Mr. Yves Lambert, I wish to welcome all of you and to extend special greetings to those States which have joined ICAO since the 23rd Session of the Assembly in 1980.

ICAO has endeavoured during the 38 years of its existence to remain faithful to the objectives of its constitution which an~ to contribute to the safe and orderly development of international civil aV:±ation and to promote among peoples and nations the co~operation on which the peace of the world depends.

A24-Min. P/1

- 2 -

To achieve these objectives, ICAO works at the technical, economic, legal and social levels.

In assuming this vocation, the Organization is fully aware of the importance of the human being and the place he should occupy at the centre of its activities; while international air transport has made it possible to endow the world with close relations and communications, thus contributing to the development and flowering of an international conscience bearing the imprint of solidarity and peace, and while the international community has also become aware of the disparity of the economic and social situations prevailing in the world and is concerned with remedying them, much progress still remains to be achieved in order to standardize, recognize and protect the rights of individuals and States.

An international organization like ours has the duty of closely following the constant progress of aeronautical technology in order to adapt international regulations in the field of civil aviation to the evolution of modern techniques; in the same way, the international conventions concluded under the auspices of ICAO must be the expression of the moral conscience of mankind that all Member States must respect.

The principal objective of ICAO is to strive to ensure the safety of international civil aviation. By respecting the Conventions and international arrangements to which they have freely adhered, the States contribute to the work undertaken by ICAO and to the m~intenance of the harmony without which international order, which is still fragile, will be exposed to the gravest dangers.

To ensure the safe and orderly development of international civil aviation as stated in the Preamble to the Cnicago Convention, the efficiency and usefulness of our Organization are required in full measure, and in a period of uncertainty and dis­illusionment the tendency to pessimism and timidity must be avoided.

The work undertaken by ICAO and its results are achieved thanks to the spirit of com­munication and concertation of all the Member States. There can be no fruitful work or tangible results without a common will aimed at ensuring the development of inter­national air transport in a harmonious and egalitarian manner and in this respect I wish to recall that this Organization, which is your Organization, lives through you and for you. Your contribution to the work of "the 24th Session of the Assembly, through the decisions or resolutions that you take or adopt, is of great importance for the future.

Today, the 20th of September, is the International Day of Peace as proclaimed by the United Nations. The organizations of the United Nations family, of which ICAO is a part, are invited to commemorate this day and I·suggest that one way of doing so is to reflect on a sentence which is contained in the Charter of UNESCO, a sister Org­anizaiton, and which says "Since wars begin in the minds of men, it is in the minds of men that the defence of peace must be constructed". I would like to express the hope that our work in international civil aviation be guided and inspired by this thought."

A24-Min. P/1

- 3 -

Address by His Worship, Jean Drapeau, Mayor of Montreal

2. His Worship Jean Drapeau welcomed the delegates as follows:

"Montreal is a special city, because besides the great world events that occur here periodically, it has for almost 40 years been the home of the International Civil Aviation Organization, an Organization whose goals transcend borders and whose work for harmony among peoples throughout the world meetsour deepest wishes. Montrealers are justly proud of having ICAO in their city.

On the occasion of this 24th Session of the ICAO Assembly, I would like, on behalf of all of my fellow citizens, to pay particular tribute to the leaders of this Organization and to each of the member States for their remarkable contribution to the progress of civil aviation.

I am sure that Montreal will welcome you as you would wish. I invite you, if you don't yet know our City, to explore its corners, to visit its stores, its cafes and restaurants and, particularly, to appreciate the quality of life here, which, I believe is the basic reason for the great pride which Montrealers take in their City.

The flight of an aeroplane through the air to a distant .destination is still a source of wonder today. Thanks to a technology that did not exist a few years ago, we have now crossed the frontiers of the impossible. Forseeable future progress is at present so unimaginable that it would seem absurd to even try to speculate about it. Any step directed towards improving the quality of life whether it takes place in the context of aviation or town planning, cannot be taken apart from its long-term consequences for humanity. If, thanks to aviation, people have come closer together in a physical sense - unfortunately not all international relations have improved.

The economic situation of the last two years has led many nations to look inward resulting in a protectionist stance because of the instability of currencies and balance of payments difficulties. Civil aviation, of course, has suffered too. The increase in the price of fuel, labour costs and interest rates as well as the decrease in travel, have prevented most airlines fromamassingthe capital reserves necessary to preserve financial well-being and continued growth. In such a climate co-operation between nations becomes that much more difficult and , that much more important.

In the light of the economic situation, the already difficult task of ICAO to promote co-operation among the large nations and encourage them to comply with the standards and practices governing air transport has grown considerably. Still, the importance of air safety has not been forgotten and the member States have kept in mind the overriding importance of ensuring. the protection of agreements that have already been reached in the area of air safety.

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In spite of the economic crisis, ICAO has continued to work intensively. It now has 151 members. In the area of technical assistance, it has undertaken many programmes to create and expand national training centres, and to help in improving civil aviation infrastructure in many countries. These examples bear eloquent witness to the depth of the commitment that ICAO.brings to the pursuit of the goals which led to its creation in 1944.

The enormous importance of your work recently found graphic, but tragic expression. The attack by an air force plane against a commercial aircraft which resulted in the death of 269 civilians horrified every civilized human being. As the international organization involved in airline safety, you will a·ssume the · immensely important task of trying to prevent such disasters in the future. You will play a key role in helping to avoid a recurrence of such an event and in improving aviation safety generally just as, through your efforts, the number of hijackings world-wide has been reduced.

Beyond the reprisals and the sanctions which have been exercised, long and patient thought is necessary; we must think about the need for intensifying measures to ensure safety in air transport in order to prevent the recurrence of such a tragedy.

Another reality that we cannot escape is that of the need of dialogue. The use of the airspace reflects all of the problems and hopes of the society in which it operates. This is why ICAO is so important; its very existence within the United Nations bears witness to the possibility of co-operation between member States with a view to finding some equitable solutions to differences of opinion, and to build a better world. Mr. President, we are happy to be the headquarters of the Organization and we are delighted to welcome you from time to time. On behalf of all Montrealers, I wish you the warmest possible welcome."

3. In thanking Mayor Drapeau, the Temporary President expressed the Assembly's pleasure in being able to hold its 24th Session in Montreal, and to benefit from its great generosity. The Organization was conscious of Mayor Drapea1:1's profound understanding of human relations, which had helped to create an aura of relaxation and good will. The world centre for civil aviation, Montreal was without doubt a very great city, and one in which men of good will and all cultures could meet inspired by a common idea, peace. The serene environment which was a particular characterisitic of Montreal would certainly be reflected in the work of the Session. On behalf of the Assembly he thanked Mayor Drapeau for the kind and warm hosp­itality which ICAO had continued to enjoy for a number of decades.

Address by the· Honourable Jacques-Yvan Hod.n, Deputy Premier of Quebec

4. Taking the floor, the Honourable Jacques-Yvan Morin addressed the meeting as follows:

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"First of all, I would like to express my special pleasure in being among you you this morning for this ceremony, representing the Premier of Quebec at this opening session of your 24th Assembly. This is a pleasure I have enjoyed before, because three years ago I also had this privilege when I was carrying out rlifferent m.:i_n:i_ster:i_al rl.ut:i_es to those '·Th:tch I carry out now. I was then, and am still, keenly aware of ICAO's role as a teacher in the area of inter­national public Jaw and all the more keenly aware now since I have become responsible for intergovernmental affairs for the province of Quebec.

My personal desire is that your deliberations here will meet with success and that the final decisions you take will be of benefit to all member States and their citizens and the international community in general. Mr. President, distinguished delegates, may I say simply how much ICAO is part of Montreal life as the Mayor has just said and, indeed, an integral part of Quebec life. Established over thirty years ago in Montreal, ICAO and its personnel have maintained, ever since, warm and cordial relations with the city and its people. We are indeed proud to have here a very important organization whose objectives strike our imagination. As statistics show, the people of Quebec are great travellers. In this context, it is not surpris­ing that ICAO has such a very strong appeal to our people. I would like to add, on their behalf, as well as the Government of Quebec, that we wish these contacts to develop in the future to our mutual advantage. Mr. President, delegates, once again I would like to thank you for your invitation to join you today. I hope it will not be the last time we meet.

When ICAO is at the centre of world affairs following the tragic event which occurred recently, I would like to express a number of thoughts in this context which I am sure will affect the discussions at the 24th SessionJand which have already led to the convening of a special session of your Council. But before doing this, I hope you will permit me to stress the importance of civil aviation here iu Quebec.

A few years after the end of the Second World War, the plenipotentiary representatives of a number of countries decided in Chicago to establish the headquarters of the future International Civil Aviation Organization in Montreal. This city was already at that time a central point for civil aviation and the decision to establish the headquarters of ICAO here was a determining factor contributing to making Montreal the capital of the international civil aviation.

With the development which the aviation world has seen in the last thirty years or so, there is no doubt that this means of transport and communication has played a funda­mental role in international development. In Quebec, because of the immense size of our territory, the aeroplane has been a very special way of linking the far-flung areas of the province with the large urban centres. Over the years the aeroplane has been used to develop important natural resources in northern Quebec. Explorers, geologis t·s, engineers, all have seen the aeroplane as an efficient way of exploring and developing Quebec, from east to west, from north to south.

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In the 1970's when we were developing enormous hydro-electric resources in James Bay, we developed a veritable bridge over 1200 kilometres long to transport the labour, equipment and supplies to back up and support this enormous development. We also use aeroplanes to provide services to the Amer-Indian and Inuit peoples who tend to live in the northern parts of the province. As an example, health specialists carry out a regular shuttle between these regions and the major centres like Montreal and Quebec to provide these people with the care that they need, and an air ambulance has also been developed. The aeroplane has become, more and more, a special means of developing tourism in these outlying areas which are attractive either because of the ecological resources or for the tremendous recreational possibilities they offer.

How can one fail to mention what has long been a source of pride for Quebec. industry, namely the famous CL~215 water bomber whjch bears the name of its manu­facturer, CANADAIR of Montreal. This aeroplane is known for its efficiency in forest fire-fighting throughout the world. Here in Quebec we have developed the means to protect our forests which cover more than two-thirds of our territory and we are happy to be able to give others the benefit of our expertise in this area.

Quebec, like most of the countries that you represent, also has its aviation heroes. People, for example, like Camille Marcoux, a doctor who with this single-engine plane served the inhabitants of the upper and northern coast of Quebec for many years, Paul Lapointe the founder of QUEBECAIR, and Arthur Fecteau, who was known as one of the great bush operators.

So Quebec needs air transport to ensure its economic growth, but also its social and cultural development. We have an extensive air network which is centred around Montreal. It may be of interest to you to know that the Qeubec Government is all the more interested in civil aviation in that it has recently acquired shares in an airline.

I think all of this justifies the pride that Quebec feels in having the headquarters of your organization in its territory. The Government has frequently expressed its de­sire to extend to the organization and its employees as well as the Representatives of the States which belong to the Organization, all of the privileges required to carry out the task with which they_have been entrusted. We still wish to do this, and there is a constant dialogue between my ministry and the organization to extend this co-operation.

T~e considerable importance of civil aviation in-the life of Quebec and the particular interest of my Government in such questions leads me to express a few thoughts about the tragedy that struck the world a few weeks ago. I speak of course about the de­struction of a civil airliner carrying 269 passengers and crew members.

Since its constitution on the 4th of April 1947, ICAO has, in accordance with the mandate given to it in Chicago, developed international conventions on air law. Part of its mandate is directed towards.providing the people of the world with safe, regular, efficient and economical air transport in accordance with their needs. The disaster which took place on the 1st of September shows how vigilant the organization must be and how it must adapt to exceptional circumstances. The constraints upon ICAO

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are all the more important in that its civil mandate to provide safe transport can conflict with the need to protect national territory or strategic areas. The changes which may be made in the rules of civil aviation therefore are limited. They may come up against an insurmountable barrier when they face national strategic and military requirements.

The work of the organization must however be governed by the absolute need to protect human lives especially when civilians are involved. ICAO therefore has a tremendous challenge to face despite the limits inherent in its mandate, that of continuing its efforts to protect human life through.the establishment of rules which rally public opinion and can be voluntarily accepted by States. I think that this is a task which can be accomplished. I believe that the people of the world when they face the absurdity of certain circumstances such as those we have seen recently, can still in an organization like this have a fruitful dialogue, and make progress in the area of civil aviation, and perhaps accept limits to their power to act as they wish when it comes to putting human lives in danger. As our Prime Minister, Mr. Rene Levesque said at the opening of the Assembly in 1977:

'In this prestigious and useful field you constitute important links in aviation and provide a permanent forum for discussion, agreement and understanding here at your meetings, as well as throughout the world, strengthening communications and inter-dependence between nations, which all mankind needs first to survive and also to find the true paths of progress.'

I hope that this ideal can be achieved, but is not human life worth any effort that·may be taken to protect it? I hope, Mr. President, that this session of the Assembly which we are beginning this morning will contribute to the advance­mentof this principle, that is that civilization and international law can progress, certainly slowly, but steadily."

5. In thanking the Deputy Prime Minister of Quebec, the Temporary President said that his presence increased ~he prestige of the Assembly. ICAO felt itself situated at a crossroads of civilization, in a place where ethnic and cultural communities lived together and enriched one another with their similarities and differences. Mr. Morin had eloquently sketched an overview of the role of civil aviation in Quebec and the role that ICAO had played both in the past and in the future. He paid tribute to the importance which the Government of Quebec attached to civil aviation, and for its generous relations with ICAO both from the economic and the social and human levels. This support had made possible the development to which he had borne witness today.

Address by the Honourable Lloyd Axworthy, Minister of Transport of Canada

6. The Honourable Lloyd Axworthy addressed the meeting as follows:

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"I am very honoured to welcome the distinguished members of this Assembly which is being held in Canada,as Minister of Transport for the Government of Canada. I want to pay tribute to this organization for having established the standards which have contributed to the development of air transport.

This Assembly of the International Civil Aviation Organization is particularly important for it comes at a time when world attention is focused on the issue of international air travel - at a time when we may find it necessary to str~ngthen the rules that govern civil aviation. The deplorable incident on September 1. involving Korean Air Lines flight 007 compels us to ask some hard questions. That tragic event over the Sakhalin Islands has not just touched those who lost their loved ones, but has touched all nations, all members of the international community. The entire world has reacted with horror to an act that could only be described as a transgression from the basic concepts of humanity.

Here in Canada, the House of Commons responded by giving unanimous approval to a res­olution condemning this unwarranted attack on the Korean airliner and demanding a full explanation and inquiry.

It is this organization, however, that has the ultimate authority and responsibility to investigate the circumstances surrounding the incident and consider future action. I am pleased to note that the Council of ICAO approved a resolution at last week's emergency session setting up an inquiry. This investigation will determine in an impartial manner just what transpired in that night sky. I urge you all to give support and encouragement to these initiatives.

But it would not be enough.for us to simply express horror at what has happened. Sadly, all of the indignation in the world cannot bring back the innocent victims of this calamity. In speaking of the Council resolution, I would like to take the oppor­tunity to express my deep appreciation for the universal expressions of sympathy and condolence for the families of the victims that were expressed during last week's Council session. Instead, we who have responsibility for civil aviation should ask what we can and must do to ensure continued protection and security to those who travel the skies. It is up to us to ask how we can build the best system to ensure safety in the air.

In the time since our predecessors met in Chicago less than 40 years ago, air travel has brought the world together. It has become the magic carpet, offering us access to new cultures, ideas and knowledge. International air travel has become a means of uniting our di.sparate wortd. Travel gives us understanding; understanding is the way to peace.

But in these years since the Chicago Convention, we have had to take note of some serious changes and new realities .in civil aviation. There is an ever-increasing interface between civilian and military responsibilities in our modern world. As the skies must be shared, the threat of disaster looms larger. An increase in armament and military security puts international civil aviation in increasing jeopardy.

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The work of ICAO over the years has been commendable in dealing with those realities. Through the efforts of this organization, travellers have been able to have a high degree of confidence in the uniform safety of air travel. We have rules and procedures that explain how to intercept an aircraft that has strayed from its approved flight path. Yet those are evidently not enough to avoid disaster.

The aviation community must ensure every technological advance is exploited to guar­antee safe flight. We must, for example, approve full use of the potential offered by satellite navigation and communication systems. And we must consider improving the ground position monitoring of aircraft through the use of data link systems.

Even with these technical innovations and initiatives, however, there will still be circumstances in which intercepts will be necessary. We can never dispense completely with the need for interception. We should therefore enhance the rules and encourage respect for them. Nothing can excuse the culpability of those who show callous disregard for the rules. But incidents such as the September 1 disaster show that nations must, at the very least, reaffirm their commitment to the fundamental right to safe flight. A flagrant attack on the sanctity of interna~ional civil aviation cannot be allowed to occur again. We owe that much to the travellers who board an aircraft with faith in the security of the system. For their sake, we must develop mechanisms to provide additional protection and security. All countries must subscribe to these rules. If not, our world will shrink from the threat of tyranny and chaos.

We can begin this process with the recognition of the delicate balance that exists in our international system- the balance between sovereignty and safety. We must concede that every nation has a need to protect its airspace; but no nation has a right to destroy a civilian aircraft. The respect for civilian life must be paramount. If a nation is to enjoy the benefits of the international aviation system, it must be obliged to accept the rules under which the system operates.

I urge you, therefore, to consider favourably a proposal that will be presented by the Canadian delegation concerning the development of a convention on the inter­ception of civil aircraft. I will leave the details to tite delegates, but just briefly, the proposal puts forward procedures that would more strictly govern the intercept of civilian aircraft and would prohibit criminal acts by military air­craft. If such a convention came into force, sanctions would be invoked against nations that used military force against civilian aircraft. It would provide an aggrieved State a recourse against a civilian plane infringing on its airspace. Air­craft which were intercepted but refused to obey orders to land or leave a sovere~gn airspace would also be deemed in violation of the convention. Refusal to comply would in itself be justification for the aggrieved State to demand sanctions by all signatory nations against the State of the operator. Where it felt its security had been threatened, the aggrieved State could ask that the aircraft be impounded at its

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next point of landing and held for inspection. Nations would know what the price was of disregarding the rules. Sanctions such as the suspension of rights of overflight would be triggered for violations under the proposed convention. To protect themselves signatory States would undertake to impose strict disciplinary measures on any of their aircrews who refused to comply with an order to lanrl.

And if, despite the convention, military force was still used against a civilian aircraft, automabic sanctions would come into effect. Let us remember that the rules of mutual self-interest are important in our interdependent world. Civil aviation is founded on the notion of fair exchange and trade. Without the benefits of air traffic, international communication suffers. Just as many countries have initiated sanctions in this instance, the international community does have the ability to make a strong statement about actions that offend a convention of civil aviation.

This Assembly is bound by a common concern for life and safety. The issue we discuss is not one of east versus west, but one of a fear of danger to civilian life. This organization has the tools to deal with these issues in an impartial and effective manner by developing a convention ori the interception of civilian aircraft. So I call on you to support consideration of how we can strengthen and enhance the inter­national rule of law in this vital area. If we do not manage this, we will have failed in our responsibilities. At the very least, we must show we have learned some­thing from this tragedy. We must demonstrate resolve to prevent another tragedy from ever occuring again."

Expression of thanks to Mr. Lloyd Axworthy

7. The Temporary President thanked Mr. Axworthy, stating that Canada, host country to ICAO for 38 years, a land of hope and a haven of peace, had unceasingly extended to ICAO the generosity, aid and cooperation thanks to which it had been able to fulfil without impediment the wishes expressed by the international aviation community. Canada, as large as a contin­ent, open to all civilizations, enriched by social, cultural and economic inouts from the four corners of the earth and enriching in its turn those who had faith in the remarkable contribution the country made to maintaining a fair balance in the international order, had through the years contributed greatly to the development of international air transport through its technology and its human potential. He hoped the Minister would find in these words the expression of ICAO's gratitude and asked him to transmit the organization's thariks to the Government of Canada.

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Agenda Item 3: Establishment of the Executive and Credentials Committees

8. The Assembly agreed to the establishment of the Executive and Credentials Committees, the Temporary President asking the Delegations of Finland, Nepal, Niger, Panama and Switzerland to appoint a member of their respective delegations to serve on the five-member Credentials Committee, which would meet immediately after the close of the Plenary.

Agenda Item 9: Election of Contracting States to be represented on the Council

Deadline for notification of candidacies for the First and Second Parts of the Council election

9. The Temporary President announced that, in accordance with Rule 57 of the Standing Rules of Procedure of the Assembly, Contracting States wishing to stand for election in the First or Second Part of the Council election must notify the Secretary General in writing by 1215 hours on Thursday, 22 September. The First and Second Parts of the election would be held at a Plenary meeting in the morning of Saturday 24 September. The Third part of the election would take place in the afternoon of Tuesday, 27 September, and notification of candidatures for that part would be receivable from the close of the Plenary Heeting on Saturday, for a period of forty-eight hours- i.e., until the same hour on Monday, 26 Sept­ember - and should be submitted in writing to the Secretary General.

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Minutes of the Second Me<~tinc;

(Tuesday, 20 September 1983, at 1500 hours)

SUBJECTS DISCUSSED

l. Interim Report of the Credentials Committee (Agenda Item 10)

2. Statements by Delegations of Contracting States and of Observer~; (Agenda Item 2)

SUMMARY OF DISCUSSION

Agenda Item 10: Reports by Commissions and Committees of the Assembly and Action thereon

Interim Report of the Credentials Committee

1. The Chairman of the Credentials Committee, the Han. Deepak l~ohara (Ncj':tl), reported that the Committee had met after the first plenary meeting und had examined the credentials received. At the time of the meeting 113 Contractinr, States had registered, of which 100 had presented credentials in the proper form. Seven States had indicated the composition of their delegations by cable, six States had not submitted credentials in any form, while three States had submitted credentials but had not yet registered; one non-Contracting State had registered and nresented credentials in the~roper form. Fourteen international organizations had registered, of which eleven had presented proper credentials; one indicated its comnosition bv cable, while two had registered but had not submitted credentials in any 1\,rm; fi Y<' others had submitted credentials but had not yet registered. The Cred,·utial~ c,,r.::::itt<.'C re·cammendea that tlie -Assembly- urge- all- St-ates arid- organizations without proper credentials to obtain them as soon as possible; and for the time beinr, permit th.;::1 t~' participate in its deliberations, with the right to vote for delegates fr,,m til<'

Contracting States.

2. In tne- alYse-nce of quest-ions- or -comriierits the report was app·,,v,·d. t h,· Temporary President reminding delegations without proper credentials t.ha t tllL)G<-' ,.,,,: l .: be obtained from their embassies i'n Ottawa or from their missions t<) til<' tlnit~.•,i ~at i.·:::: in New York.

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3. At the suggestion of' the Delegate of' Colombia th~ Assembly \'l\l:1~'l'V\'J :1

minute of silence in memory of the 269 innocent victims who lost their liV\'~1 in th\• tragic incident which affected an aircraft in international pussengcr ~~rvic~ 011

1 September 1983.

Agenda Item 2: Statements by Delegations of Contracting States and of Observers

4. The Temporary President recalled that at the unofficial lllt>t'tint' \,f delegations that morning, the Delegation of' Jamaica had been S\'lectcd l'Y lut t\' mali.,· the first statement under Agenda Item 2, to be followed by the list of :'1'\':\k\'l':l in th.· English alphabetical order.

5. The Chief Delegate of Jamaica

"On behalf of my Government and my Delegation I wish to convey to this 24th Assembly of the International Civil Aviation Organization, the Government of Canada, and to the City of Montreal, warm and cordial greetings from the Government and people of Jamaica.

Mr. President, first of all, I wish to announce that last Friday my Government ratified the Tokyo, Hague and Montreal Conventions dealing with Unlaw­ful Interference with Civil Aviation.

In 1963, Jamaica had the distinction of becoming the lOOth Member of this Organization and since 1977 has had the honour of serving on -this Council. This year we are celebrating our 21st Anniversary as an Independent Nat ion.

Jamaica, a small country in the Caribbean, became an independent nation in August 1962, shortly before the opening of the Fourteenth Assembly in Rome. Prior to this, Jamaica, by virtue of membership in ICAO throu~h·the United Kingdom, had always adhered to the principles of the Chicago Convention and agreed fully with the objectives o~ the international organization formed by this Convention.

Mr. President, we see this Assembly as an opportunity to rededicate ourselves to the principles and purposes of the Chicago Convention, to examine our shared experiences since our last Assembly, to· identify where our directions may have gone astray and to chart a course for the implementation of meaningful and practical measures to meet the new realities of civil aviation as they affect our development. ·

Mr. President, aviation must continue to serve as an instrument for the creation and preservation of friendship and understanding among the nations and peoples of the world. Its abuse can become a threat to general security.

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Civil aviation must continue to be an instrument of co-operation between nations and peoples if peace and tranquility is not to be shattered by turbulence in the air.

Civil aviation must be promoted on principles and arrangements which are relevant to our needs so that it may serve as an instrument for economic and social development on the basis of equality of opportunity for all States including the devel­oping States.

Mr. President, .my Government is committed to the Rule of Law and Order in the Air. Our airspace provides an important corridor for the innocent passage of air­craft over an extensive flight information region.

We see the affirmation of our sovereignity as proclaimed by Article I of the Chicago Convention as being wholly consistent with the need to provide the greatest measure of freedom in the qir consistent with real national security needs. These rights must co-exist if civil aviation is to serve its purpose of promoting co-operation among all the nations and peoples of the world.

If my Government has not introduced within our airspace Prohibited Areas, or Warning Areas it is not because we value less our sovereignity but because we value equally the need not to place unnecessary restrictions on the pursuit of legitimate aviation operations. We will continue to keep these considerations in fine balance.

Mr. President, for many developing States, particularly island States depen­dent upon tourism, the existence of regular reliable and economic air services is a matter of survival. Their economic development would be stifled without such services. It is important for these developing States, like Jamaica, to be assured that there is an obligation on carriers to serve our destinations on a regular and reliable basis.

It is for this reason and not for reasons of national prestige or pride, that many countries such as Jamaica find it important to establish and maintain our own national carrier.

But Mr. President the old Bermuda principle of substantial ownership and effective control as the criteria for recognition of a national carrier is now totally inadequate to meet the legitimate needs of many poor developing countries which cannot afford the capital and expertise required to maintain a national carrier.

How then, Mr. President, can such countries have real and not merely theo­retical equality of opportunity to operate international airlines as recognized by Article 44 of the Chicago Convention?

Mr. President, it is clear that we need to recognize alternative criteria for the acceptance of designations by Contracting States of developing countries which will allow their route rights to be exercised by carriers with which there is a great affinity or community of interest. That community of interest,~ich is equally real and substantial, may be symbolized by an association of developing States in a regional economic grouping such as the Caribbean Community.

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My delegation, subject to its inclusion on the Agenda, will be tabling together with other Caricom States, a Draft Resolution seeking recognition of "Community of Interest" as an alternative to the traditional "Bermuda" principle of substantial ownership and control, which most ICAO States apply in determining the acceptability of airlines for designation under Bilateral Air Transport Agreements.

Our two International Airports are only 70 nautical miles apart and are served by twelve scheduled carriers as well as our national airline, Air Jamaica. In addition we receive many airlines prov-iding charters which boost our tourist industry.

The Island has in addition four domestic aerodromes for scheduled and general aviation air services.

We welcome all civil aviation operations with the exception of those repre­hensible persons who engage in air transportation for illegal purposes including the carriage of drugs.

The peace and tranquillity of our airspace is being violated by traffickers in drugs. They are a menace to the good name of our island and to the good name of the hundreds of thousands of decent visitors who come to our shores to share our way of life. They force us to strain our meagre resources in order to detect, deter and publish their activities. The aviation community as represented by this Assembly must galvanize its efforts by co-operating to stamp out.these evil developments.

In this regard the Assembly may wish to know that the Jamaican Civil Aviation Act is being amended to provide for the most severe penalties against those who seek to abuse the freedoms of the air. In recent times the incidence of unauthorized aircraft landing at our airports has increased and we must protect the safety and security of the many legal aircraft operators against these illicit activities.

Mr. President, may I mention that Jamaica will present its candidature for re-election to the Council. By its geographical position as a member of the Caribbean Community and the Latin American Group, we believe that we can continue to make a valuable contribution to our region and to aviation in general. We hope, therefore, that our many friends will support Jamaica in the election.

Mr. President, we live in one world. But we are separated by distances of time and space. We regrettably continue to be separated by distances of values. The gap of misunderstanding remains to be bridged. Innocent lives in the air continue to be in jeopardy. My country has already expressed its dismay and horror at the recent loss of 269 innocent lives aboard a Korean airliner. This Organization must spare no effort to ensure the establishment of adequate measures to prevent the recurrence of such "tra­gedies. The preservations of friendship and understanding among nations and peoples must continue to guide our efforts and aviation must serve as an important instrument for this purpose.

We wish to thank you, Mr. President, Mr. Secretary General, and the ICAO Secretariat on the arrangements made for our well-being here in the Headquarters, and we sincerely hope that the results achieved by this 24th Assembly will enable the Organiz-

" ation to continue its successful operation in the field of International Civil Aviation.

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6. The Chief Delegate of Japan

"It is a great honour and pleasure for me to attend the 24th Session of the Assembly of the International Civil Aviation Organization. First of all, I should like to express my deep appreciation to Dr. Kotaite, who is the President of the Council and also Acting President of the present session of the Assembly, for his extraordinary accomplishments and able leadership. I should also like to take this opportunity on behalf of my Government to extend a most cordial welcome to those countries which .have newly joined in the work of the Organization.

My Government highly appreciates the accomplishments ICAO has made in promoting developments in the field of civil aviation, thus contributing to world economic and social development. The adoption of standards and procedures pertaining to International Civil Aviation has provided indispensable guidance to safe and orderly developments in this field. We .believe that it is the most important duty for ICAO to improve and consolidate the inter­national civil aviation system.

Mr. President, on this occasion, I would like to report with great pleasure to the Assembly that a basic agreement was reached among countries concerned on the shortened route between Japan and China via Fukue and Shanghai thanks to the good offices of yourself, Dr. Kotaite, at the time when the Second Asia Pacific Regional Air Navigation Meeting was held in January this year in Singapore. This shortened route has been opened from August 4 this year and reduced the flight time between Tokyo and Beijing by approximately 20 minutes to bring about substantial benefit to the passengers on the said route. My Government would like to take this opportunity to express its sincere appreciation and gratitude to you, Dr. Kotaite, for your energetic and successful work in this long-standing matter. My Government hopes that further shortening of the route will be made possible through your good offices and your precious effort for the benefit of the passengers of the said route.

Mr. President, the prevention of hijacking is a matter of vital importance for ensuring the safety of civil aviation. My Government has taken every measure to prevent this type of unlawful interference by imposing strict checks at all domestic and international airports in the country. Japan has fully supported ICAO's position to expedite the ratification of the three international conventions on unlawful interference.

Mr. President, I should like to draw the attention of the distinguished delegates to the most tragic incid~nt in the history of international civil aviation. In the early morning of September 1, a Korean Airlines' aircraft with 269 innocent passengers and crew members strayed into Soviet airspace and was shot down by a Soviet military aircraft. On behalf of my Government and myself, I would like to express our deepest condolences to the bereaved families and relatives of the victims who were killed by this atrocity.

It is the firm position of my Government that the shooting down of an unarmed and defenseless civil aircraft constitutes, whatever the reasons, a violation of humanitarian principles and of international law. Such Soviet action presents a grave threat to the safety of air navigation, one of the fundamental aims and objectives of the Chicago Convention on International Civil Aviation. It will endanger the maintenance of the order of air

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transport, long established by the international community, if neither corrective nor preventive measure be taken. This Soviet action shall be str.ongly condemned. The Soviet Union has an obligation to make the real facts of the incident known to the world as soon as possible. Nevertheless, the Soviet Union has so far n·ot given a full accounting of the incident to the countries concerned including Japan, nor has it responded to the repeated requests from Japan to cooperate in search operations. Moreover, the Soviet Union has so far refused to admit and accept any responsibility including full compensation for this tragic incident. On the contrary, the Soviet Union has attempted to create the impression that the KAL aircraft was entering Soviet air space for reconnaissance purposes. It is an utter slander to divert its own responsibilities to others. Japan will continue to urge the Soviet Union to accept full responsibilities including compensation for the incideat.

Mr. President, we deeply deplore the fact that at the UN Security Council, the Soviet Union abused its veto against the draft resolution, which, co-sponsored by many countries including Japan, represents the conscience of the world. In order to prevent any recurrence of this type of incident, my Government together with many friendly countries presented to the extraordinary session of the Council the resolution which requests, among other things, a fact-finding investigation. It should be noted that this resolution was adopted by overwhelming majority of the Council Members of ICAO on September 16, which reflects the opinion prevailing in the international community.

Japan requests the Soviet Union to respond faithfully to the Council resolution by accepting on-site investigation and providing all necessary information. For the part of Japan, I should like to express Japan's willingness to cooperate with the investigation team to the fullest extent possible.

Mr. President, in order to prevent armed attack against civil aircraft, such as has just occurred, it is primarily important that the present rules of the Chicago Convention and related documents be fully complied with by all Contracting States. In addition, it is also important to review, and if necessary to amend, the present Standards and Recommended Practices contained in the Annexes to the Convention. Furthermore, if the present Convention is inadequate to this end, it will be necessary to study the desirability of amending the present Convention or concluding a new international agreement with a view to laying down the prohibition on armed attack against civil aircraft.

Mr. President, in conclusion, I wish to stress again that it is the most urgent and important duty of ICAO as well as of its member States to take every effective step so that such a tragic incident shall never occur again in our civilized world."

1. The Chief Delegate of Malaysia

"It is. indeed an honour and a privilege fo-r me and members of my delegation to attend this 24th Session of the General Assembly of the International Civil Aviation Organization. On behalf of the Government of Malaysia, I extend my sincere greetings to you Mr. President, to the Secretary General and his staff and to all the disting­uished delegates gathered here today.

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Malaysia has been a member of the International Civil Aviation Organization for several years and we have contributed to the best of our capabilities toward the improvement and development of civil aviation in our country to achieve the objectives laid down by this Organization. My Government acknowledges the tremend-ous efforts of this esteemed Organization and we will spare no effort in supporting ICAO in the promotion of these objectives.

Malaysia consists of two land masses separated by the South China Sea, and air transportation is the primary means. of access between Peninsular Malaysia and the eastern states of Sabah and Sarawak. Because of the remoteness of the townships in our two eastern states of Sabah and Sarawak particularly, air transportation very often is the only means of communication. Therefore, my Government has spent considerable sums of money over the years to develop the air transportation infrastructure. To us, air transportation is vital for the economic, and social development of our country. As you would perhaps know, we have completed the development of four major airports which are equipped with modern facilities. We have prepared a long-term development programme to develop other airports. Similarly, we are also preparing a Master Plan for the modern­ization of our Air Traffic Services system to cater to the needs of aviation for the next two decades.

As Mr. President and distinguished delegates are no doubt fully aware, the capital and operating costs of air transportation infrastructure to fulfil its objectives can indeed be very high. Many amongst us in the developing countries in fact find that this places a great burden on our economic resources. We therefore call for greater co-operation between the advanced and developing countries so that the experience and knowhow may be transferred to the developing countries to ensure that the aviation infrastructure development programmes can be made cost-effective. May I also appeal to the generosity of the advanced countries to increase their assist­ance in whatever form it may be, to enable the less developed countries to fulfil their role in the development of civil aviation on a truly global basis.

In this respect, Mr. President; I wish to place on record my Government's. deep appreciation to ICAO for the assistance given in the setting up of our Civil Aviation Training College as well as for the fellowships given to Malaysia to improve the skills and knowledge in specialized aviation fields.

Mr. President, on the night of 1st of September of 1983, the world stood shocked by the merciless shooting down of a Korean Airliner passenger aircraft. This highly irresponsible act by the Soviet Union has caused the tragic loss of 269 innocent lives, amongst them a Malaysian son. Malaysia deplores this blatant disregard for the safety and sanctity of human lives. The Soviet Union being a member of ICAO has acted against the very precepts of civil aviation. No amount of explanation by the leaders of the USSR can justify the loss to the bereaved families of their loved ones. Mr. President, Malaysia requests that this esteemed body initiate appropriate measures to ensure that such acts do not recur."

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8. The Chief Delegate of the Maldives

"It gives me great pleasure to say that I have been looking forward to attending this meeting. Although I have been in touch with ICAO since November 1974, this is my first opportunity to be amongst the distinguished in the field of International Civil Avia­tion.

The Republic of the Maldives is surrounded by sea and lies in the Middle of the Indian Ocean, South West of Sri Lanka to South of the Equator, from + 7° to - 1° latitude and between 72° and 74° longitude East. The country comprises of approx 1190 islands grouped into 19 atolls, scattered over a distance of 475 miles in length from North to South and 80 miles in width from East to West.

The present population of Maldives of approx 160,200 inhabitants is distributed over about 200 islands. The isolation of these islands is one of the main obstacles to any develpment plan aimed at the promotion of Social development, creation of emple>yment opportunities, setting up of industries, and providing facilities for efficient production as well as marketing, both domestically and in the export markets. Male, the Capital, is located approx 1 dnd a quarter km from the island on which Male International Airport is located.

Given our geographical location, we found that the immediate avenue of any mag­nitude open for supplementing our national income was through development of tourism, as Maldives is amply blessed with the resources required for the development of tourism. Tourism, though important, is of recent origin, but is increasing rapidly and it was realised that it greatly depended upon the development of transport and communications. It was also realised that development of tourism mainly depended upon development of civil aviation facilities, both international and domestic.

Maldives became a member of ICAO on 15th November 1974 and soon after, under the expert guidance of ICAO, established Department of Civil Aviation. ICAO also provided experts and consultants for drawing of plans with a view to upgrade Male International Airport (formerly Hulule Airport), the only gateway ·to the Republic of Maldives from rest of the world. The actual designing of the airport was based ori feasibility study and survey report prepared by an ICAO expert. The completion of the project took almost 5 years and Male International Airport was officially declared open on November ll, 1981 by His Excellency the President Maumoon Abdul Gayoom. We have now a runway of 2840 x 45 m with LCN of 85 capable of receiving all modern wide body transport aircraft. The airport is equipped with modern navigation and telecor'llllunications equipment. The achievement was possible due to assistance and cooperation from the friendly countries and ICAO and we are certainly more than grateful to all concerned.

Presently Male International Airport is connected to India and Sri Lanka by daily services by Lockheed lOll/Boeing 737,and 4 charter airlines operate direct from Europe. As regards domestic services, the only other serviceable airport in Maldives is at Gan Island which is at the southernmost atoll. Gan is connected to Male by regular services operated by Air Maldives Skyvan aircraft.

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Although only two years have passed since the opening of Male International Airport, the rate of increase in aviation traffic has been such that plans are being made for expansion of the airport to accommodate this traffic which includes the introduction of B 747 flights to Maldives. An ICAO team is assisting in the preparation of a Develop­ment Plan which includes additional taxiways, runway apron extensions, relocation of com­munications equipment and navigation aids~ and the siting of additional technical and storage accomodation.

With the introduction of additional scheduled flights to Gan, a similar study is being carried out by the ICAO team and recommendations made for improvements which will be necessary ~or the extra traffic. In addition to this work assistance has been given and is continuing to be given by ICAO, by the provision of communications equipment, NDB's, rescue and fire-fighting vehicles and equipment and electrical generators. In addition to Gan, a feasibility study for two additional domestic airstrips was carried out with assistance from ICAO. These airstrips are at present under construction under the National Development policy.

All operations in the field of Civil Aviation are dynamic and in order to under­take the responsibilities, the organization has to be staffed with qualified, capable and experienced personnel. It is also essential ~or the staff to keep up to date and abreast of developments. This can only be achieved by sending the staff for further training at regular intervals to the training establishments.

I am happy to state that ICAO in the past has awarded Maldives a considerable number of fe±lowships and the staff, as a result, are now in a position to discharge their duties efficiently up to the required standards. However, shortage of skilled and experi­enced personnel still continues. I shall t~erefore request ICAO that Maldives may be favourably considered for awarding more fellowships in future to enable us to train our personnel at a faster rate.

It gives me great pleasure to say that I am happy to have attended this meeting and I can assure ICAO of complete Maldivian Government support in its efforts to promote safety of flight and the development of all aspects of international civil aeronautics.

Before~ncluding my speech, I would like to express my sincere thanks to the President, Secretary General and staff of ICAO for the excellent arrangements they have made for this 24th ICAO Assembly. I wish to reiterate the concern already accorded during the opening session of this Assembly, over the tragic incident of 1st September. I honestly hope that the safety o~ international civil aviation will be strengthened and enhanced to prevent any occurrence of this nature in the future."

9. The Chief Delegate of Mexico

"Mr. President, Dr. Kotaite, delegates, ladies and gentlemen. It is an honour for me on behalf of the Government of Mexico and its President, Miguel de la Madrid, to extend to all of the delegations taking part in this Assembly our warmest greetings, and to express our best wishes for the success of the work to be undertaken here.

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In the light of the advances that have been made in the development of interna­tional air transport thanks to the efforts of ICAO, it would seem to be pointless to stress its importance. However, if we are to continue along this path, it is absolutely necessary in the difficult moments that international aviation is facing at the moment, to apply our deepest conviction for a renewal of adhesion to the principles contained in the Chicago Convention. In a world whose changes and shrinking have been contributed to so extensively by civil aviation, now more than ever we must be vigilant to ensure that we attain the objectives which gave birth to our Organization, that is, through air transport to help to create and preserve friendship and understanding among the nations and peoples of the world.

As a founding member of this Organization, Mexico has always conducted itself, both domestically and internationally, in accordance with the principles of safe, orderly, efficient and economic development of civil aviation, stimulated on the regional level by getting together with other countries within the Latin American Civil Aviation Commission. For almost 30 years, Mexico has been the Headquarters of one of ICAO's Regional offices, and under its auspices in 1953 the International Civil Aviation Training Centre was established, which has trained aviation technical personnel in all of the various disciplines for many nations in close contact with ICAO. We have also set up the national centre of aviation for medicine which serves other countries in the Region.

I am happy to be able to inform this distinguished Assembly that my country has an extensive interest in the infrastructure consisting of 51 sophisticated airports, 28 of which are international airports. We have modern facilities and services to serve both domestic and international air navigation, established on the basis of ICAO Standards and Recommended Practices, and an aircraft fleet in scheduled commercial service which has doubled in capacity in the last four years. Mr. President, delegates, here and now Mexico wishes to express its firm spirit of co-operation and to express to the world aeronautical community its desire to work together in ·international aviation to strengthen the ties of friendship that are a positive contribution to peace among the peoples of the world."

10. The Chief Delegate of Nepal

"Once more reiterating our policy of pursuing the promotion of international civil aviation in all its aspects,Nepal continues to strive hard to keep pace with the growing requirements of today's air transportation, which.has acted as a strong cata­lyst to many economic and social changes in the country.

Having shed our mantle of isolation years back Nepal has established itself as a nation of hospitality and warmth. This is not to say that we are free "from the vicious clutches of disease, poverty and illiteracy,but rather than accepting them as deterrents we are more firmly committed to the welfare of our people and the inter­national community. However, we must admit that this task is being made more

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formidable as resources are dwindling and requirements are multiplying brought about by the rapidly changing technical innovations in aviation. This situation has become more alarming, especially for the Asia Pacific Region, when we were told lately in no uncer­tain terms that UNDP assistance in certain important areas may no longer be forthcoming after 1984. The picture is even more grim as the financial situation is unlikely to improve within the next few years. It may be mentioned here that the 19th Annual Neeting of Directors General of Civil Aviation Asia and Pacific Region had strongly endorsed the view that this matter be taken up on priority during this Assembly and we are sure that due and genuine consideration will be given by members of this august gathering. I would like to stress and bring up before you the importance of mutual assistance and sharing of resources which are of vital importance if aviation is to be understood and applied in its international framework. Since the service provided by civil aviation is not limited to fixed boundaries any investment by a nation in a third country should be viewed as being directly beneficial because the returns are not lim­ited to that particular country but is shared by all user nations. Air transportation far from being a luxury in my country is the single most important factor tying up the country economically and socially into a bond. However, it is distinctly bewildering to the least developed countries like Nepal to have to witness enormous sums being har­nessed for making aviation an instrument for serving purposes other than peaceful, whilst we stretch our backs to the limit in trying to keep abreast of the rapidly advancing.technology with the firm belief that no expense is too prohibitive where the safety and value of international community is concerned.

It is at this point that I feel compelled to pause and ask a question which is already in the minds of many delegates here - judged against the backdrop of what happened to the helpless passengers of KAL Flight 007 on September lst, would it not be appropriate to admit that the clock of international civil aviation has turned dec­ades back. A thousand and one questions emerge in our minds which not only suffocate but virtually choke our hearts with deep frustration. The sense of securit~ and achievements of technical wonders which seem to have made international aviation t:om­placent till now has been suddenly shattered ending up in a nightmare-like dream. This latest act for which there is no word in the dictionary to des,:ribe it seems to havt:­overshadowed the innumerable incidents of terrorism in the sky making them look J ike petty misdeeds .

.i.n all seriousness'"*" must adw:i.L L;ta! ~.r:LtJnatirJoaJ r::iv:iJ Aviat:i.un bas beeu sur,jected to a ne~: tht:"eat, gLipped uy a nevi 1-'ind. 'Jf ft:ar and uru:.·rtalnty rtogardiug :its safetv and it is in this context that the L.4tL J.r~UJ [,ssemLJy fiurJs :itself dtarged with a spe~ial responsibility and task. 1-'ear·.t· is tl,e 111•Jsl t:ssentia.l prerto-.qui.site fur auy form of development and ~;epal i,as aLLeHtiJLed L'J irtstiLut:i.uuaJ :i.zt· tlds vaJ.ue IJy decJ.ariug the country as a ZO~lE OF 1-'EAC£ in ti,e year 1"37'.-, a •.'Jilf:t'IJL wlJid, [,as a.lrt:ady gathered favourable undet:"standing and recugniti•.!!t fP.w. ;;L. •.•Julltr:i.es. ;..'HL tb:i.s :i.u w:i.ud we f:iud the annihilation of L.6~ humans ai.ruarc' tbt· l" . .AL F.l :i.gltL 1J 1J7 Ill'"st ag•Ju:i z:i.Itg at•d t':epaJ shares the embittered sent 'iu • .-:ut.::; uf t [,,. g.Lui.ra.l '.'JUtlltU!J:i.Ly.

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My government is highly appreciative and gives due credit to ICAO for its invaluable contribution to the development of civil aviation in Nepal and· on a more somber note I call upon ICAO and this select gathering on behalf of my government, to come out with more meaningful steps, based on genuine commitments rather than highly overused rhetorics, for the promotion of peace, safety and development in civil·· aviation before the conclusfon of this Assembly, otherwise we would have failed in our moral obligation to the millions of fellow travellers commuting from one corner of the world to another every moment of the day."

11. The Chief Delegate of the Kingdom of the Netherlands

''I would like to say a few words to this Assembly on behalf of a state which, though it is going to leave the Council of the Organization, has no greater desire than to continue to dedicate itself to the effectiveness of ICAO.

We have experienced the trust which Member States put in us when they clect~d us to the Council 3 years ago and the membership of that organization both as n privilege and as a heavy responsibility. Having committed our energies, capabilities nnd financial resources to the well-being of the Organization, we now experience a feclin~ \,f sat­isfaction at the end of our term of office. This satisfaction springs primarily irom the awareness that countries like ours which can wield little political power, have a particular duty and at the same time a special advantage in fulfilling that duty to strengthen the international cooperation on which they so much depend.

This fact obtains a special importance in the case of ICAO which, in our view, can be regarded as one of the most efrective members of the Untied Nations family. The difference of views which characterizes so many international debates in ICAO, in many instances concerns much more the means by which to arrive at a given set of object­ives than these objectives themselves.

May I add that my delegation has found it a particular privilege to work under your guidance, Mr. President, and with the support of the very able Secretary General and his staff,

Mr. President, my country is now leaving the Council in the conviction that its in­terests and responsibilities towards the Organization oblige it to seek the contin­uity of its contribution towards the functioning of the Organization.

As a member of a group of like-minded states, the Austria-Benelux-Switzerland Group, which was esnecially established to channel·and coordinate the efforts of the five states concerned within ICAO, we are now happy to urge the election of Belgium in the Council seat to be vacated by the Netherlands. As my colleague from Belgium will cer­tainly demonstrate, the combined role of this group in civil aviation places it in the foremost ranks of aviation and it is therefore particularly well placed to promote the objectives of this Organization.

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Mr. President, having highlighted the importance of this Organization for international civil aviation, no speaker at present could fail to recognize the extreme concern in which the world was plunged because of the terrible incident involving a conunercial airliner of the Republic of Korea.

My Government expressed itself in a very clear manner on the subject of the conclusions to be drawn from the facts known thus far. While complimenting the Council on the appropriate action it has decided to take, I shall limit myself here to expressing our heartfelt sympathy to the families of the victims. My delegation will return to this tragic event under Item 7 of the Agenda.

Might I now conclude by expressing the wish that this Organization, in kcl'ping with its reputation, will ensure that even an event as tragic as this will result in the strengthening of the safety of civil aviation."

12. The Chief Delegate of New Zealand

"There is a common purpose and a common conviction that brings us together at this Conference. It is the awareness we share that civil aviation is one of the most important instruments for bringing about constructive change in our modern world. By providing a rapid and efficient means of communication, it has drawn peoples and nations closer together. The advent of safe, economic and reliable air transport, capable of carrying large numbers of people and significant volumes of freight, has created new and challenging opportunities for the growth of tourism and of international trade.

The potential of international civil aviation was clearly recognised by the founders of this OrganisatiGn. New Zealand was proud to be among the founding nations which met in Chicago in 1944. A new spirit was born then, in the dying days of a brutal war. It acknowledged that international civil aviation could make a unique contribution to the creation and preservation of friendship and understanding among nations. Impli­citly it was acknowledged that the abuse of civil aviation would undermine peaceful relationships and the well-being of nations.

In their desire to find ways of avoiding friction and promoting international cooperation, the founders of ICAO embodied in the Convention certain fundamental princi­ples and arrangements. They are designed to ensure the safe and orderly development of international civil aviation. They seek to foster the growth of sound and economic international air transport services, on the basis of equality of opportunity.

We are rapidly approaching the 40th Anniversary of our Organisation. It is a tribute to the vision and foresight of those who met in Chicago that the framework they established remains as relevant today as it was then. Through the work of the Assembly, the Council, Commissions and Committees, and the dedication of the Secretariat, the Organisation has grappled with the many and complex challenges that have confronted international civil aviation over the past four decades.

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ICAO's success in meeting those challenges reflects the widespread acceptance of the underlining principle that the Organisation has goals which transcend narrow national interests. By its very nature, international civil aviation requires a multi­lateral approach to issues of common concern to nations. Unilateral solutions are not sufficient and cannot succeed in realising the full benefits that international civil aviation has to offer. Acceptance of this fact is shown in the broad and almost universal membership of our Organisation.

There are many differences among us, in population and size and in the strength of our economies, but the objectives we share surmount those disparities. Another stark fact however, common to all of us, is that we will continue to derive benefit from the work of this Organisation, and what it stands for, only so long as we, as individual members, uphold in practice the principles upon which the Chicago Convention is based.

New Zealand is a small country, surrounded by vast oceans. No other Member of this Organisation lies further away from its,nearest neighbour. We are vitally dependent on regular and secure air links with the rest of the world. This is why we have always attached special value to ICAO, and sought to play a positive role in its work. It follows that we must be deeply concerned and feel especially vulnerable when ICAO's basic princi­ples are violated.

We share the sense of shock and revulsion at the barbaric attack by USSR­military aircraft on the Korean civilian airliner on 1 September. The deliberate destruction of the Korean airliner, with the loss of everyone on board, horrified the nations of the world as we have heard from other speakers here today.

The tragic loss of 269 lives was no accident. It was not a quirk of fate. Nor was it the result of mechanical malfunction or human error. The cold blooded decision to shoot down Flight KAL-007 was claimed to be in defence of the principle of territorial sovereignty over national airspace. Mr. President, that principle is not at issue. None of us have disputed it. It is enshrined in the Chicago Convention. What is at issue, and has appalled the New Zealand _peqple_, is the outrageous means used to enforce that principle on this occasion.

That the Soviet Union seems unrepentant and not ready to rule out further resort to the use of force against the civilian aircraft of other countries must be a matter of the gravest concern to this Organisation. Indeed, the action of the USSR authorities in ordering the destruction of the Korean airliner must call into question its re-election to the governing body of ICAO.

Mr. President, all of us at this Conference are aware of the important place the Soviet Union holds in international civil aviation. On the basis of the criteria we normally use to determine the qualifications a country has, the USSR ranks second behind only the USA. In New Zealand's view, Sir, such a high ranking carries with it a commensurate level of responsibility to uphold the Organisation's principles. Member States would have expected the USSR to conduct itself according to those civilised precepts.

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For New Zealand's part we cannot reconcile the action the Soviet Union took against a civilian aircraft, with its re-election to the Council. We believe that for the Soviet Union to be re-elected to the Council would make a mockery of our collective claim at this Conference that we continue to adhere to those fundamental principles and practices of ICAO which we have held precious for so many years. For these reasons New Zealand is opposed to the re-election of the Soviet Union to the Council.

If the death of 269 innocent people is to have any meaning ways must be found to prevent any possibility of a recurrence of this tragedy. A full, thorough and impar­tial investigation of the circumstances which led to this appalling incident is essential. Moreover, there is an urgent need for all Member States to agree that armed force must not be used against civil aircraft in flight, and that procedures relating to the identi­fication and interception of civil aircraft must be improved to ensure that such a tragedy never again happens. The ICAO Council, at its Extraordinary Session last week decided, by an overwhelming majority, to take prompt action. That decision is to be reported back to this Assembly for appropriate action.

The attention of an outraged world is now focused upon Member States attending this Assembly. The credibility of this Organisation is at stake. Other proposals, such as those suggested by France and adopted by the Council and that raised this morning by the Canadian Minister of Transport also require close and careful consideration. For its part, New Zealand stands ready to support effective action in upholding the prin­ciples upon which this Organisation was founded.

Without in any way minimising the horrific nature of this tragedy and the urgent need to take appropriate action to ensure it never recurs, I would remind Delegates that this issue is but one of a number of air transport problems requiring the attention of the Assembly. Other important issues include the financial plight of many of the world's airlines. The reasons for their precarious position vary in degree. from airline to airline but not in kind. The world recession, overcapacity, and market mal­practice must head the list.

New Zealand has taken positive measures to assist carriers in their efforts to achieve a market reform by enacting legislation which provides for the promulgation of general tariff conditions, fare pricing rules and the issue of specific tariffs and commission regimes. This process has involved extensive consultation with the airline and travel industries and once completed will ensure that all participants know exactly what the rules are and those rules will be enforceable. The legislation is not however regarded as a panacea for the ills of the airline industry. The New Zealand Government recognises that prices must relate to market conditions as well as the economies of air­line operations and that capacity should be tailored to demand. We are under no illusions that the task of achieving market stability will be easy but a start has been made which will assist air carriers operating to New Zealand to plan ahead with some degree of con­fidence. Multilateral action supporting the efforts of lATA to achieve market reforms would go a long way towards stabilising international civil aviation and I commend such an approach to Delegates.

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In conclusion, I would urge Members to recall the basic principles upon which this Organisation was founded and to reaffirm their commitment to those principles and so ensure that international civil aviation continues to develop in a safe and orderly manner to the benefit of the nations and peoples of ·the world."

13. The Chief Delegate of Nigerla

"It is my honour and privilege to extend to this august Assembly the warm greetings of the President of the Federal Republic of Nigeria, Alhaji Shehu Shagari, who has just been re-elected to a second term of office. I also bring along the warm greetings of the entire people of the Federal Republic of Nigeria.

Nigeria, in recognition of the vital role which Civil Aviation is playing and will continue to play in the development of transportation and its attendant consequences for the economy, has specifically designated a Ministry to take charge of Civil Aviation matters and to work progressively for the development of Civil Aviation Services in Nigeria, in conform­ity with the standards laid down by the International Civil Aviation Organization. My country's Airports Development Programme has witnessed dynamic progress since the last session of this august body, and as a result there are now 14 fully developed airports, 7 of which are international airports. Six of the international airports are capable of taking planes of the size of Boeing 747 and are currently being used in the Hajj operations now taking place. The seventh is capable of taking planes of the size of DC 10.

The other 7 domestic airports are capable of handling medium jets of the class of Boeing 737 and the latest addition to the number of these airports is the Airport at Abuja, the new Federal Capital. This airport was brought into operation just before our Independence Anniversary Celebration in October, 1982. My Government is indeed committed to building airports in all the present 19 State Capitals as well as other important commercial/industrial centres in the country. Work on Bauchi, Minna, Owerri and Akure Airports is expected to commence before the end of this year.

The provision of adequate and effective navigational aids and telecommunications facilities for the safety of flight operations has continued to engage the serious attention of my Government, more so because of the increase in air traffic in and out of Nigeria and air traffic transitting through the Nigerian airspace. Steps have therefore been taken to ensure the effective maintenance of all the navigational aids and telecommun~cations facili­ties that have been installed in the country, and to reactivate and effectively maintain the 5 terminal area radars installed at Lagos, Kano, Port-Harcourt, Enugu and Kaduna Airports. The introduction of VHF country-wide communications coverage and enroute radar facilities is actively being pursued and will hopefully get underway in the not too distant future.

My Ministry, that is the Federal Ministry of Civil Aviation, has established a Flight Calibration Unit with ICAO Technical Assistance. Nigeria is therefore now able to constantly calibrate all navigational aids in the country. For this purpose, one HS 125 and one King Air Beach aircraft have been acquired. It is hoped that in the near future, when the Flight Calibration Unit has been fully established, it will be able to provide services to other· countries, in order to ensure that navigational ·aids in this Region are regularlY calib~ated.

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As already stated, air traffic in and out of Nigeria continues to grow. There are over 200 Nigerian Registered Aircraft carrying out different types of flight operations in the field of scheduled services, non-scheduled services, charter operations, general aviation and hospital services. At present. there are also twenty-five foreign airlines operating scheduled international commercial services into Nigeria. An Air Traffic Services Workshop has therefore been planned to take place at the Nigerian Civil Aviation Training ·Centre, Zaria between the 7th and 10th December, 1983. Air Traffic Service experts and manufacturers of Air Traffic Systems have been invited to participate in this first presentation of its type from Nigeria, which is aimed at enhancing universal appreciation of and exchange of experiences in the problems of Air Traffic Control in Nigeria.

The Nigeria Airways, which is still our only national carrier, has continued to expand its fleet of aircraft and is now operating into more cities both in and outside Africa. It has in the past one year added 6 new Boeing 737 aircraft to its fleet and has almost concluded .arrangements for the acquisition of 4 Air Buses A310. The airline now operates Boeing 747 services to London and New York. In pursuance of my Government's policy of promoting the development of Air Transport Operations in Nigeria, steps are being taken to ensure the utilisation of some of our aerodromes and airstrips for commuter services, in order to extend air services to all nooks and corners of the country.

In recognition of the important role which the Nigerian Civil Aviation Training Centre, Zaria plays in producing much needed manpower of various categories for Civil Aviaticn in the country, the Centre which has been built up with generous assistance from ICAO has been upgraded to the status of a Polytechnic, The Centre has continued to recruit students from within and outside Nigeria for training as Pilots, Aircraft Maintenance Engineers, Air Traffic Controllers, Aeronautical Communications Officers, Aeronautical Electronics Officers and Telecommunications Engineers. The. Centre has since installed an F.28 Simulator for the training of Pilots, while arrangements are on hand for the acquisition of a Boeing 737 Simulator, and an ATC Simulator.

Mr. President, Distinguished Delegates and Observers, I wish to assure this august Assembly that positive steps have indeed been taken to correct identified deficiencies in the Kano Flight Information Region, and to update the regulatory functions of the Civil Aviation Department of my Ministry in keeping with the policies and practices of the Inter­national Civil Aviation Organization. We are fully conscious of the important role which Nigeria is playing in Civil Aviation in this part of the world, as well as in the world at large and I wish to assure you all of the unflagging commitment of my Government in continuing to play this role.

I cannot conclude this address without referring to the unfortunate incident on the 1st of September, 1983, when a South Korean civil aircraft was shot down. An incident in which 269 persons lost their lives should indeed be a matter of serious concern for the world at large, and Nigeria joins all countries of goodwill to extend to the families and Governments of the unfortunate victims its sincere condolences, It is absolutely important for this august Assembly to ensure, as is humanly possible, that the full facts of this terrible incident are fully ascertained and that adequate steps are taken to avoid a repetition

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of this type of incident in the future. The incident has naturally evoked emotional responses but rational and objective responses ought to and can only be the right approach to the solution of this problem. It is therefore to be hoped that SANITY will prevail in dealing with this matter, so that we can avoid making divisive political capital out of it.

Finally, I wish to express my gratitude to the Governments of Canada and Quebec for their kind hospitality, and to the President and Secretary General of the Council .and their staff for all the efforts that have been put into making this Session a success. I wish the Assembly successful deliberations."

14. The Chief Delegate of Pakistan

"On behalf of my Government and the Pakistan Delegation, I sincerely wish to thank you for giving me the opportunity to address this august gathering.

I should like to take advantage of this occasion to express our sincere apprec­iation to the Government of Canada, the Province of Quebec and the local authorities of the City of Montreal for their kind welcome. We also especially compliment the President of the ICAO Council, Dr. Kotaite, for his able and seasoned leadership, and the Secretary General and members of the ICAO Secretariat on the excellent arrangements made for the 24th Assembly Session.

Mr. President, I wish to assure you that the Pakistan Delegation would approach its work in a spirit of mutual understanding and co-operation with other Delegates to promote the objectives of ICAO, of economy, of efficiency, and especially safe conduct of civil air transportation.

Because of its geographical location, Pakistan is· situated on the principal air routes between Europe and the Far East and provides connexion to the People's Republic of China. The international air routes, which criss-cross its territory, total a distance of approximately 12 300 km. At present, Pakistan has 23 civil airports including five international airports of Islamabad, Karachi, Lahore, Peshawar and Quetta. Pakistan International Airline (PIA) has been one of the fast growing and highly efficient airlines of the region. PIA now has a fleet of 35 aircraft including 11 wide­bodied aircraft. The airline is presently serving 37 points in 34 countries. The national carrier of Pakistan, PIA, with an output of 820 million tonne-kilometer annually, ranked 25th in 1982, amongst 151 ICAO member States.

Pakistan has been a regular member of the ICAO Council since 1973. We are signatory to almost all the International Conventions on Civil Aviation and have bi­lateral agreements with 75 countries of the world. Ours is one of the first countries in this region which has signed the International Conventions relating to the measures to suppress acts of unlawful interference with civil aviation, i.e. Tokyo Convention -1963, Hague Convention - 1970, and Montreal Convention - 1971. To faithfully implement the provisions of these conventions, the Government has established an Airport Security Force to ensure security of all aerodromes, aircraft and civil aviation installations.

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Pakistan is :served by 27 International Airlines enjoying traffic rights in Pakistan. The number of overflying international air services is approximately 150 both ways per week, performed by 27 foreign airlines on their scheduled services across its territory.

In the recent past, recognizing the growing significance of civil aviation, the Government has replaced the Civil Aviation Department by an autonomous Civil Aviation Authority. The Authority has already launched an ambitious programme for rapid expan­sion of civil aviation facilities in the country. Our current five year plan (1983--1989) for the development and expansion of civil aviation facilities exceeds the previous five year plan by almost 500%.

To overcome the shortage of trained manpower, which is likely to result from the rapid expansion of civil aviation activities, Pakistan has established a Civil Aviation Training Institute at a cost of over 10 million US Dollars, including ICAO/UNDP assistance of approximately US$4 million, which we most gratefully acknowledge. In time to come the institute has the potential to become a Regional Institute in our Region.

Before I end, Sir, I would like to refer to the grave tragedy of the 1st of September which deeply shocked and saddened our hearts for the loss of innocent lives. As the honourable Minister of the Government of Canada pointed out this morning, it has clearly highlighted the inadequacy of the existing procedure in this particular area. We have the urgent need for all of us to focus our attention to propose means which will ensure that such a tragedy, whether by design or default, is never repeated again."

15. The Chief Delegate of Panama

"Our first words will be to convey warm greetings and thanks from the Govern­ment of the Republic ofPanama to all ICAO officials for the efficiency and skill with which they have discharged their duties for the benefit and development of international aviation.

Mr. President, distinguished Delegates and Observers, it is a pleasure for me to state that my Government has always attached particular importance to the outstanding work carried out by the International Civil Aviation Organization on behalf of aviation and we are redoubling our efforts to keep pace with the development of aviation in order to co-operate in its evolution in the most orderly way possible and within the optimum parameters of safety.

To this effect, the Directorate of Civil Aviation of Panama assumed on 22 April of this year total responsibility for air traffic control and related and additional services in the flight information-region covering an area of 2.5 million km2 . This has involved a great technical and economic effort by our country since in a short space of time - 3 years - it has trained all the technicians required for provision of an effi­cient air navigation service, replacing all foreign personnel with staff having equal or higher qualifications.

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With these objectives in view, Panama has relied upon the school of civil aeronautics, which started its work in 1978, under the auspices of ICAO through tech­nical assistance projects and in the short time of its existence it has undergone remarkable development so that very few of our technicians have had to be sent to training centres in other countries. This school now has students coming from other countries in the region and has the capacity to receive a larger number of them.

With regard to economic matters it is important to stress the fact that the Directorate of Civil Aeronautics, in order to maintain an efficient air traffic control service, has already made plans for the next triennium, to replace much of the currently used equipment with more sophisticated means, which will require an investment of not less than 10 million dollars.

As it was in colonial times, Panama continues to be a cross-road in the development of transport. A large number of international airlines overfly Panamanian airspace; a large number also use the up~to-date facilities of the major airport of the country, now called Omar Torrijos Herrera - formerly Tocumen.

In these circumstances Panama's air transport policy has maintained as one of its principles the proverbial and traditional hospitality which characterizes the Panamanian people. Although it has concluded bilateral civil aviation agreements will almost all the American, many European and some Eastern countries based or funda­mentally determined by strict reciprocity, .the reality shows that the majority of international airlines operating under the freedoms and on the routes granted in the agreements between Panama and their respective countries, achieve higher profitability than on other routes. Our Government, although it does not follow a strict open skies policy, has always facilitated the operation of airlines requesting to land and take-off from our airports.

Panama is now operating with a recently-constructed international airport which has the most sophisticated systems to ensure maximum safety of aircraft in their take-off and landing operations, and provides greater amenities for passengers and other users. With a view to contributing to the increase of traffic volume through Panama, in addition to traffic already operated through the inter-Ocean canal, a modern cargo terminal project is now under study; our country is still young and optimistic and does not doubt that there will be a recovery in the air transport industry in the short term and intends to have all the necessary facilities for its development. Well-advanced plans are therefore already in existence for the air cargo terminal, for improvement of air navigation aids at airports used for cabotage transport, and another ambitious project is to replace the present international Paitilla Airport in the heart of the City of Panama by another one which would be constructed parallel to the coast of that city.

In another field of aeronautical problems, to repress the new practice of using this rapid means of travel for unlawful activities which range from seizure of aircraft and terrorism to drug traffic, our country is refining all the control mach­inery that it possesses to eliminate these unlawful acts, succeeding to a large extent in preventing.their commission, using of course for this purpose the national legal instruments and applying the international provisions adopted by ICAO.

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The Republic .of Panama considers that it is essential for the development of air transport and the promotion of international co-operation to have legal stand­ards with the necessary flexibility and modernity required for the outstanding growth of aviation in the second half of this 20th century, and for this reason, we have prepared and are now in the final stage of revision of a new, updated aeronautical code. This policy implies., in addition, in spite of the fact that Panama has adhered to the majo-rity of international aviation conventions, a serious study of those other conventions to which it has not yet become a party, so that it may do so after making the necessary adjustments to Panamanian law.

The Republic of Panama, recalling the statement in the Preamble to the Convention on International Civil Aviation, "that the development of international civil aviation can greatly help to create and preserve friendship and understanding among the peoples of the world", profoundly deplores acts which disturb the normal evolution of civil aviation and severely condemns those who shoot down defenceless aircraft on peaceful flights, involving the loss of human lives and goods. It there­fore urges all Member States of this Organization to make every effort to avoid any motive for disagreement in order to preserve the peace of the world.

Mr. President, on behalf of the Delegation of the Republic of Panama I thank the authorities of Canada and the officials of ICAO for their welcome and I express that the hope of the 24th Session of the ICAO Assembly will result in a positive balance in favour of international aviation."

16. The Chief Delegate of Papua New Guinea

"Papua New Guinea is pleased to be here again, in Montreal, attending the 24th Session of the Assembly and joining once again with the Contracting States of the International Civil Aviation Organization in the discussions and debates which will take place during the next several weeks.

Mr. President, my delegation wishes to reiterate the profound abhorrence of the Government and the people of.Papua New Guinea over the downing of the Korean Airlines jet-liner by Soviet military aircraft which resulted in the loss of 269 inno­cent lives. We regard this act as a blatant disregard for the principles of International Law which govern the safety of civil aircraft.

We fully support the Resolution and the Decision of the Council on this matter, taken on 16 September 1983, and the actions which Council has already taken, and has proposed should be taken, to avoid the possibility of any recurrence of such a tragedy.

Mr. President, since the last Assembly, we have passed through our 60th, and our 6lst Anniversary of Civil Aviation in Papua New Guinea. It began in September 1922 with a few smallseaplanes and flying boats, probing rather tentatively the future of air transport in our country. The first landplane aircraft came in 1927, following the discovery of gold, and civil aviation expanded dramatically with the transporting of supplies into, and the carrying of gold out of, the mountains of New Guinea. For one brief period, at this time, Papua New Guinea ranked number one in the world in the ·carriage of air freight.

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The ship which carried that first landplane from Australia to Papua New Guinea also carried a team of 60 donkeys. They were also intended for transport between goldfields and the coast. The donkeys have long since gone. The aircraft have multiplied.

Now, more than 50 years later, history is repeating itself, and aircraft are transporting supplies to develop the large Ok Tedi mineral deposit in the mountains of Papua and, next year, will be carrying out t.he gold.

The significance of this is that, even after more very considerable expenditure on surface transport in Papua is playing the same role in the development of the country. viding adequate surface transport, and the time required to necessary.

than 50 years, and after New Guinea, air transport

The difficulties of pro­do so, have made this

In some highly developed countries, civil air transport might conceivably be considered to be a luxury form of transport. In Papua New Guinea, and I am sure in many other countries in a similar stage of development, it is a very basic necessity.

In Papua New Guinea it continues to develop in this role of a basic neces­sity. Statistics of scheduled tonne-kilometres, largely of our national airline Air Niugini, show that in the three years since the last Assembly there has been a total growth of 19%. This is not a remarkable increase in itself. What is pleasing is that it has been accomplished with no significant increase in the capacity available, and with an increase in the weight load factor from 49% to 70%.

Mr. President, there is an important development in civil aviation in Papua New Guinea which has taken place since the last Assembly, and which I wish to report to you.

About 15 years ago Australia, together with the then separate territories of Papua and New Guinea, commenced a training programme designed to enable a step-_by-step transfer of the responsibilities, functions and activities of civil aviation from Australia to what became, in 1975, the Independent State of Papua New Guinea. The Civil Aviation Training College was established in Port Moresby in 1971, and the training and the transfer has progressed smoothly, and with goodwill on all sides.

In December 1982, the last major step in this progressive and programmed trans­fer was taken, and Papua New Guinea is now exercising, not only the full responsibilities but, except for an airways engineering unit, for which some training is yet to be com­pleted, the full functions and activities of civil aviation in Papua New Guinea.

We have a sense of pride in this, and in the way in which it has been achieved; and we know that Australia has, and deservedly- has, a sense of pride in it also.

Mr. President, Papua New Guinea thanks Australia for making this possible, and for the way in which they have made it possible. We shall protect and develop, to the utmost of our ability, the rich civil aviation heritage which we have inherited from Australia.

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I have mentioned the Civil Aviation Training College, established and in operation since 1971. It continues to be used for the training necessary to provide the staff required as our civil aviation develops, and to provide refresher courses and advanced courses for staff already trained. It is expected, however, that there will be some availability for training of nationals other than our own if the States concerned,

,.and ·ICAO, ·ar.e interested "in this. We, on our part, would be pleased to offer this availability to them and to ICAO.

Finally, Mr. President, we wish to thank you, the Council, the Secretary General and the Secretariat for the generous assistance given to us in the past. We look forward with pleasure to our future associations with you."

17. In view of the hour further statements were suspended, with the Temporary President. suggesting that Observers who wished to make statements could hand their

.·names ·to -the Chief, ·External Re:tat·ions Off:tce.

18. The meeting adjourned at 1710 hours.

1.

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Minutes of the Third Meeting

(Wednesday, 21 September 1983, at 1053 hours)

SUBJECTS DISCUSSED

Statements by delegations of Contracting States and of Observers (Agenda Item 2 Continued)

SUMMARY OF DISCUSSION

Agenda Item 2: Statements by Delegations of Contracting States and of Observers

1. The Temporary President indicated that statements by delegations of Contracting States would resume and that the next speaker on his list was the Chief Delegate of Poland whom he invited to speak.

2. The Chief Delegate of Poland

"The delegations of over one hundred ICAO Member States are meeting again at the Assembly session to review the main problems of international civil aviation and try to arrive at solutions.

From the very beginning of the existence of the international aviation community, Poland has participated in fulfilling its common objectives in developing and imple­menting international conventions concerning civil aviation. Even in the period of crisis which affected our country in recent years, we have not ceased to co-operate in this field but have strictly fulfilled our respective international obligations. The short-term extraordinary measures which our Government had to introduce were fully con­sistent with the provisions of Article 9 paragraph b) of the Chicago Convention.

It is true that the economic situation in our country, as well as the influence of external factors, have caused a decrease of tourist and cargo transport in 1981 and 1982, and consequently, a decrease in the volume of air transport operations to and from Poland. I can, however, state with satisfaction that these activities, after a short period necessary for adjustments of airline operations' programmes to current needs, are quickly returning to their normal state. A 40% increase of national and international air transport in Poland this year is not only a proof of its rapid recovery but also an indication of an overall stabilization. · .

It should also be noted that more than fifty ICAO Member States which maintain bilateral relations with Poland in the sphere of civil aviation, have shown an

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understanding -of .relevant,problems and respected the air agreements made in our common interest. I cannot, however, omit to mention one exception, which was a unilateral break of the air transport agreement with Poland by one ICAO Member State. It was motivated solely by political reasons and with the intention to exert political pressure. That move, contrary to international law, has done considerable harm to the Polish air carrier and, even .more so, to .thousands of Polish citizens. The Polish Government found it

··nece-ssary to present ·its case to ·international arbitration under the Bilateral Agreement. But it has to be stressed that the breach of that agreement was also inconsistent with the ICAO objectives set forth in the Preamble and in Article 44 of the Chicago Conven­tion. Therefore, I express a conviction that, regardless of the legal settlement of the dispute, ICAO should, in the common interest of ICAO Member States, lay emphasis on respecting international obligations arising from the Chicago Convention itself and from bilateral agreements supplementing it. The "pacta sunt servanda" principle should be binding for all States, without exception.

It should be mentioned that sporadic cases of actions inconsistent with the objectives of international civil aviation occurred in some other areas too. I refer to tolerance in dealing with acts of unlawful seizure of aircraft or allowing the launching of balloons carrying sabotage instructions. The refusal of extradition of the hijackers and, at the same time, lenient jurisdiction, encourage in practice such hijacking acts.

-Fo-land co-operat-es and wishes to co-operate in the future with other ICAO Member States in realizing the objectives of the Chicago Convention and in developing new regulation of international air transport. Those ICAO activities should, in our opinion, be continued. They should aim at optimizing international scheduled and charter connections, and at improving the Warsaw System governing air carrier liability. In the spirit of international co-operation and to achieve reasonable compromise, we are also ready to accept the Montreal Protocols supplementing that system within the frame­work of appropriately co-ordinated international action aimed at the preservation of the international legal order in that field.

·We hope that our p·osition will meet with the appreciation and support· of the majority of ICAO Member States who esteem the importance of the observance of international law and the safeguarding of mutual interests by all small and big countries.

And now, the most deplorable incident with the South Korean aircraft, being a result of an evident violation of sovereignty of one State. Our Government has already taken its position on that issue at the Madrid meeting and at the United Nations Security Council. Referring .to the voices of .other speakers during the present meeting, may I add· tha·t ·Poland i·s ready ·t-o ·co-opera·te with other ICAO Member States in working out of any rules and practical means to prevent similar incidents in the future and to improve the safety of civil aviation without affecting national sovereignty and the security of States.

What is most important to us is the overall improvement of mutual understanding, mutual confidence and peaceful relations between nations."

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3. The Chief Delegate of Portugal

"Allow me to take a few minutes of your time just to stress the importance which the Portuguese Government attaches to the work of ICAO and the role we expect it to play in the further development of international civil aviation, during the next triennium, in Europe and the North Atlantic, the two regions where Portugal is a main contributor to the provision of facilities and services to. international air navigation.

Importance attached.to the work of ICAO

Civil aviation in Portugal is primarily international. Even domestic services have to be operated fully in accordance with international regulations since they integrate with the international network of. air transport and, in a number of cases, are operated over the high seas.

By the very nature of international air services, international co~operation represents the only means by which a stable and economic development of civil aviation can be achieved. In spite of our attachment to regional European bodies, directly or indirectly concerned with international air navigation and air transport, we consider that only ICAO is fit to define the multilateral framework for such an international co­operation.

This is obvious in the air navigation field where the need for standards and procedures applicable on a world-wide basis could not be questioned.

The way international air transport has developed since the war ruled out the possibility for ICAO to arrive at world-wide policies on fundamental economic aspects of the air transport industry such as route access, capacity and fares and rates. But even in the air transport field, the sound development of international air services depends in many respects on multilaterally accepted ICAO standards, practices and guidance. I have in mind, for example, the facilitation and security of air transport, or the criteria for airport and route facility economics.

For these reasons, Portugal has always attached the greatest importance to the work of ICAO. This has been amply demonstrated by the interested support which the Portuguese Administration has given to the activities of the Organization since its inception, following the Chicago Conference in 1944.

My country was Member for fifteen years, to practically all the air transport fields, and

elected to the first Council in 1947 and remained as a Council up to 1962. Since the beginning we have contributed activities of ICAO, both in the air navigation and the ,

played an active role in ICAO world-wide and regional bodies.

Because of its geographical position, Portugal has been called to provide a large number of facilities and important services for international air navigation. In spite of being a small country with limited resources, we have always met the commit­ments assumed in the context of ICAO Regional Air Navigation Plans, even at a time when our efforts would not have been compensated to any extent by en-route air navigation charges.

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_·Work .Programme-· for the next triennium

As to the work programme for the next triennium, we share the Council's view that emphasis should b~ put on implementation rather than the frequent refinement of .technical standards and specifications.

To tollow this trend it will be necessary to continue to strengthen ICAO regional activities. In view of the substantive differences between civil aviation environments of the various regions of the world, action required to foster implemen­tation of ICAO policies and plans will have necessarily to differ, in pace and objec­tives, from region to region, depending upon the needs of States and the problems which the region is facing.

The characteristics of the European and the North Atlantic regions with which .-Port-u-ga-l ·i·s in p-articular concerned give rise to specific planning and implemen-tation problems. In both regions, civil aviation has reached the highest level of technological development and the network of international air routes is among the densest in the world.

If, in the North Atlantic, air traffic services operate over the high seas, with only a small number of States providing the facilities and services to inter­national air navigation, in Europe, due to the geographical and political division of the Continent, they operate in an airspace which lies over the territory of a large number of sovereign States concentrated in a relatively small region. This results in an intricate air-route network which together with the density and the complexity of aircraft operations creates a unique and complicated problem of air traffic co­ordination and management, both nationally and internationally and more so because a significant part of the total air traffic provided with air navigation facilities and services over a specific State neither originates from nor is bound for aerodromes within that State.

Under these conditions, action to be taken on implementation of ICAO standards and procedures cannot be limited to efforts towards a timely implementation of regional navigation plans of facilities and services, but has to include the search for a possible solution of concrete operational problems, taking into account the political, economic and social constraints involved in its application.

In the case of the North Atlantic,as indeed in the case of Europe, such action calls more and more for close international co-operation on the part of all States concerned. The need for this immediate and continuous co-operation between States responsible for the handling of air traffic in Europe led to the creation or the use of existing regional bodies to deal with international civil aviation matters related to the parts of the region covered by their membership. For many reasons, the work of these sub-regional bodies, outside the scope of ICAO, is of a considerable regional value.

However, in the field of air navigation, specific shortcomings of the air navigation system, traffic handling and airspace organization are likely to have a far­,reaching effect on the flow of air traffic throughout the region. Any solution for air

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navigation planning and implementation problems has consequently to be sought on a regionwide scale and requires concerted efforts by all States, providers and users of the facilities and services necessary to the safety and regularity of air trans-port in the region.

With respect to international air navigation, action by European bodies will have thus to be pursued not only within the framework of ICAO plans and policies but also in close co-operation and making the best use of the ICAO regional machinery, whtch is the only framework embracing the whole of the European and North Atlantic regtons and capable of providing a forum open to all interested States within or from outside these regions and of protecting the integrity of the world-wide air navigation structure and the authority of the Council and the Air Navigation Commission in this regard.

This .is the important role we expect ICAO regional activities to play in Europe and the North Atlantic, in order to cope with the interests of not only the States located in these regions, but the large majority of ICAO States. While dealing with the work programme and the budget for the next triennium, the Assembly will have in fact to bear in mind that operational and economic problems of international air transport and· air navigation in Europe and in the North Atlantic are of direct concern to the large majority of ICAO States and likely to affect the orderly development of international civil aviation in the other regions of the world.

Like most of those who preceded me at this tribune I cannot avoid referring here to the tragic accident which shocked so much the international civil aviation community three weeks ago. An incident involving a military aircraft of a Contracting State against a co~~ercial airliner of another Contracting State resulted in the destruction of the airliner and loss of all the 269 people on board. Although reserving my comments for a later stage, when the matter will be discussed by this Assembly, I wish at this stage to associate my country with the resolution passed last week by Council with the support of the overwhelming majority of its members. Portugal will welcome and strongly support any action which ICAO may be in a position to take to prevent accidents of this kind occurring again in the future."

4. The Chief Delegate of the Republic of Korea

"I wish to express my deep appreciation to the Canadian Minister of Transp.ort for the very kind and ~oving statement he made at the opening Session yesterday. I also wish, Mr. President, that under your outstanding leadership, and with the able assist­ance of Mr~ Lambert and his staff, the 24th ICAO Assembly will be fruitful and rewarding.

Next year, ICAO will be celebrating its 40th anniversary. In less than half a century, civil aviaton has grown from an infant hazardous venture, to a great indis­pensable undertaking of mankind for his happiness. Until very recently, we had good reason to look forward to this Assembly with pride and satisfaction.

However, we were to be shaken by a most horrendous tragedy in the history of civil aviation. The despicable midair destruction of the Korean ·Airlines Boeing 747 passenger plane by the missiles of Soviet military aircraft has stricken the conscience of every man like a lightning bolt, and has since overshadowed other agonies of our temporal life.

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A profound feeling of shock, disbelief, and indignation pervades the people of my country.

Thanks to the tape-recording of the Soviet pilot's voice, the world is now well acquainted with the facts surrounding this incident. We now know for-a certainty, that the airplane was deliberately, knowingly, and secretly tracked, targeted, and destroyed from behind, by the arms of the Soviet Union. No trace of hesitation, no sign of remorse can be heard before, during or after the missile attack. The callousness of the attack, as revealed by the tape, cannot fail to make us shudder.

We know that, contrary to Soviet allegations, the Korean airliner was flying with its navigational lights blinking. We also know that it was shot down, totally and completely unaware that they were being intercepted. We are fully convinced that, in spite of the repeated ·.claims, the Soviet fighters made no attempt to follow the relevant Rules of the Air, under the Chicago Convention. We know the Soviets tracked the plane for more than two hours, yet made no efforts to communicate with it, or to alert it. We believe the firing of cannon bursts did not represent any effort to warn or alert the plane. If it were, we should hear at least some reference to warning or alerting efforts. The Soviets also knew that the plane was a civilian passenger aircraft. They must have known, they could and should have known, that it belonged to the Korean Airlines, as it was clearly so marked and visible in the logo lights of the aircraft. Nowhere can we find any indi.cation of earnest attempts to observe the relevant provisions of the Chicago Convention and its Rules of the Air.

This monstrous outrage committed by the Soviet military aircraft against the unarmed, defenseless civilian passenger plane, has posed a grave threat to the inter­national civil aviation ... a challenge that must be met directly and decisively, if civil aviation is not to plunge in a dark age of fear and insecurity.

The use of armed force against civilian passenger planes is unjustified, in­excusable and impermissible under any circumstances. It cannot be condoned for whatever reasons. This is an elementary rule of international law, and a highest dictate of conscience. No State, small or big, should be allowed to escape from all the legal and moral responsibilities arising from it. The Government and the people of the Republic of Korea resolutely condemn the Soviet Union's act of barbarism.

Allegations have been repeatedly made that the tragic Korean airliner was on some kind of "espionage mission" for the United States. Resort to careful and cal­culated falsification, lies and deceit, is invoked to make the story plausible.

The Republic of Korea resolutely and categorically rejects such preposterous charges. It rejects totally and completely this shameless insult. Such an undertaking is unthinkable and beyond any sane man's imagination. Clearly, the Republic of Korea will not allow this kind of defamation.

Every Korean passenger plane is an "open" aircraft. Different crew members serve on shifts, and the entire machine is exposed to frequent and open services and checkups at any airport all over the world, just like any other civil airliner.

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The malicious exploitation of the fallability of man or machine must not be permitted, nor the victimization of a small country by a big power.

My Government justly demands an appropriate apology from the Soviet Union. We again demand adequate compensation, the punishment of murderers, the reassurance that such an incident would not be permitted to recur, and finally, the guarantee of unimpeded access to the crash site by all the qualified persons of States concerned, and return of debris of the aircraft, as well as the remains and belongings of the deceased, to the Government of the Republic of Korea.

The Soviet threat to use the force of arms in "similar situations" must receive the censure of world opinion. It is an intimidation, a blackmail, and tantamount to the contempt of humanity.

The Republic of Korea welcomes the Resolution in C-WP/7696 adopted on September 16, at the Extraordinary Session of the ICAO Council. My government will extend full and wholehearted co-operation to ICAO for th~ implementation of this resolution. We specifically look forward to the impartial investigation of the incident by ICAO.

We also have high expectations in the forthcoming efforts of ICAO to reinforce the existing legal protections for civil aircraft. We support the Council's decision to have the extraordinary ICAO Assembly convened during the first quarter of next year. My government will make due contribution toward all undertakings intended to prohibit, once and for all, the use of weapons against civil aircraft, through amendments to the Chicago Convention, or any other way.

Opportunity is still open for the Soviet Union to prove itself as a deserving member of this august organization. I call upon them to meet our just demands and to co-operate with ICAO fully and earnestly. We can still turn this period of sorrow and tragedy into a new era of enhanced safety for civil aviation.

Before closing, I wish to express the deep gratitude of my Gover~ent and people, for observing a moment of silence at the Plenary Yesterday, and for all the condolences, the expressions of sympathy and support extended to the bereaved families, whose grief will be so slow to fade away.

Mr. President, the higher cause of humanity can still-find a responsive chord in the heart of every individual. The spirit of the Chicago Convention can still bind the most unlikely nations together. The confidence and security of international civil aviation can be strengthened through our united actions. The Government of the Republic of Korea is ready, and willing, to do whatever it can for the attainment of that goal."

5. The Chief Delegate of Saudi Arab~a

"On behalf of the Kingdom of Saudi Arabia and its people, I take this opportunity to convey to .all present the sincere greetings and best wishes of my country on the occasion of the 24th Session of the ICAO Assembly. This is, indeed, an auspicious occasion

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with· so many officials and representatives from countries around the world in attendance. We meet today with a common objective, namely to further our efforts to foster and pro­mote the continued development of safe, efficient air transportation. I join with others in the hope that wisdom will prevail during our deliberations, and that we will achieve meaningful results to cope with the challenges in the coming years.

I would also like to take this opportunity to express my personal pleasure to be here today and to share with you the work of· this Assembly, in this great city ... Montreal •. which hosted the last Assembly, in 1980. As you know, much can happen in a span of three years in a dynamic field like civil aviation. But it is not my intention to review the aviation developments that have taken place since the last Assembly, many of which are complex and would entail the need for specialized attention by the experts in the work of the various committees. This is, however, a proper occasion to comment on general matters, and to invite your attention to a most critical aspect of our responsibilities as individual countries or as Member States of ICAO under the provisions of the Chicago Convention.

As a matter of general observation, I would first like to say that I know of no substitute - past or present - for the forum and means that ICAO has af~orded for reaching decisions and taking actions to satisfy the needs of such a sensitive and complex industry as aviation. The development of technical and operational standards for aviation and the_accomplishments of other objectives served by ICAO, in keeping with its mandate under the Chicago Convention, have contributed vitally to the sophistication of aviation as we know it today. Appreciation and commendation are owed to the planners and technicians of the Member States, and those of the ICAO Secretariat, whose efforts underscore, in an important way, the aviation success.

At this point, I should like to refer to the continuing efforts of the Organization, supported by the Member States, in what is considered to be the most critical aspect of air transport, namely, the safety and security of international traffic, and the related efforts are to be complimented. There is_ no doubt that the safety record has steadily improved even under the severe financial circumstances that con­fronted the industry in recent years. No matter what the level of safety the industry has achieved, however, we cannot afford to become complacent at a time when the safety and security of the air traveller are put in jeopardy from time to time. Safety and security are, without doubt, the two most critical elements in the aviation equation, and they must continue t6 receive our highest attention

Finally, I reaffirm the commitment of the Kingdom of Saudi Arabia to the principles of the Chicago Convention in both its spirit and letter. We strongly believe in the effectiveness of this instrument in affording co-operation in the field of aviation for the benefit of society in the world at large.

Once again, may our work in this 24th Session of the Assembly be fruitful and meaningful.

I am grateful for the time afforded me to address you."

A24-MIN. P/3 - 41 -

6. The Chief Delegate of Sierra Leone

"First of all, I have to congratulate you Mr. President, and this Assembly for the way you have conducted affairs so far. Since our last meeting here, during the fall of 1980, much has happened in the field of civil aviation. In some areas progress has been recorded whilst in others, the situation has unfortunately remained fully stegnant. It is in this vein that I wish once again to draw the Assembly's serious attention to two troubling aspects which have been and are still affecting our country as well as other African States which, according to categorization, are termed 'developing States'. I refer to the criteria for determining air fares and rates and to focus the attention of the Assembly on the perpetuating disparity in fare levels; the preferential treatment in baggage allowances and the disastrous effect of extenuating adjustments on ticketing. We believe in fair and equal opportunity for all without discrimination and in this context, there exist serious discriminatory situations particularly in the African region as can be seen in the differences in air fares in West Africa and Europe on the one hand, and Europe and America on the other, where, for distances approximately at par, the return cost of travel between Europe and America is sometimes less than half that of the one-way cost of travel between Europe and Africa and vice versa. Likewise, the two-piece baggage allowance for passengers who are travelling say from New York via Paris to West Africa and have to be subjected to the weight concept on the Paris to West Africa sector. In consequence, we would like to see the very high level of fares from our areas substantially reduced so as to achieve an acceptable mean, thus allowing for more people to take full advantage of air travel. We view the current situation which has been prevailing for a considerable time as subsidizing travel costs for our counterparts in the more developed areas. It is hoped that further cognizance will be given to this continuing and sensitive problem.

In these days of dire economic restraints, I countries are experiencing a global economic squeeze. Assembly that the necessary measures are already being financial obligations to this Organization.

wish to observe that most other Nevertheless, let me assure this taken to fully discharge our

I also wish to take this opportunity to express the sincere appreciation of the Government of Sierra Leone to the President of the Council, the Secretary General, the Technical Assistance Bureau, the UNDP and the regional office in Dakar for the assistance we have received during these rather difficult times so as to ensure that internationally acceptable operations are reasonably maintained.

Let me now turn my attention to the recent loss of the Korean Boeing 747 aircraft on a regular flight from Anchorage to Seoul. My Government is of the strong view that whatever the circumstances, the Soviet action was high-handed and uncivil, and consequently it deplores the fatal attack on a purely civilian aircraft involving the loss of lives of 269 persons. My Government is likewise of the view that an alternative action,more acceptable to the international community, should under the circumstances be taken by the Soviet Union. · My country cannot condone such an action no matter from which area of the globe. We support all international action aimed at averting such future occurrences. Distinguished Delegates, may I ask how safe civil aviation can be under such ·conditions? It could have been any one of us in this hall in that fatal Korean aircraft. We share the sorrows of the bereaved relatives - may they rest assured

A24-MIN. P/3

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that the International Civil Aviation Organization will undertake an investigation on this sensitive matter of civil air navigation.

I wish to thank the distinguished Delegates for their attention."

7. The Chief Delegate of Singapore

"It is my privilege to convey the greetings of the Government of the Republic of Singapore to this Assembly. I wish to take this opportunity to pay tribute to ICAO for its continued guidance and contribution to the development of international civil aviation.

Mr. President, Singapore has always upheld the principles of safe and exped­itious air travel, enshrined in the Chicago Convention. We have relentlessly upgraded and improved our aviation facilities to meet these demands of international civil aviation. The new Singapore Changi Airport and the computerized Long Range Radar System which we have installed to provide a high standard of air traffic services for flights through the Singapore Flight Information Region are but two recent examples of Singapore's commitment to discharging our obligations under the Convention.

Living in an interdependent world carries with it certain benefits and international responsibilities.

My Government shares the feelings of shock, disbelief, revulsion and outrage over the Soviet Union's shooting down of the Korean Airlines civil aircraft. The Soviet Union's action shows a callous disregard for human lives and the norms of civilized behaviour. There is no justification to warrant the shooting down of Korean Airlines 007 on 1 September 1983. The Soviet action is clearly contrary to inter­national law generally and to the Chicago Convention on civil aviation in particular.

All nations which place a high value on human life must condemn this tragic act for it represents a retrograde step in the progress of mankind towards a higher order of civilization. If history is not to judge us too harshly we owe it to ourselves to give an appropriate expression of our feelings on this issue and adopt suitable measures aimed at preventing a recurrence of this shameful episode in the history of international civil aviation.

Mr. President, the whole world is watching us. All of us as Members of the international aviation community have a grave responsibility to respond effectively and swiftly to this issue. This 24th Session of the ICAO Assembly must therefore adopt a course of action which would be both just and wise and which would better ensure the safety of international civil aviation."

8. The Chief Delegate of Spain

"May I, very briefly, as is appropriate for these preliminary statements, make two or three comments from our point of view on some of the aspects of this 24th Session of the ICAO Assembly.

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The Government and Administration of my country intend to pursue and develop their policy of co-operation with international civil aviation organizations in an effort to contribute to the further improvement of international air traffic links. Unless there is concertation and regulation by the international institutions, it would be difficult for us to achieve a balance of interests and resolve the growing problems which we are facing.

Together with our internal efforts to improve aviation infrastructure through automation of air traffic control, development of communications and computeri­zation, it is our intention to strengthen our presence in the agencies and organi­zations that regulate civil aviation in keeping with the importance of our role in international air transport (among the eleven most important countries).

Consequently, my Government wishes to increase its contributions to the Technical Assistance Programme, a field in which greater efforts are needed to ensure the transfer of technology and know-how to those countries which do not have the costly resources required by the ongoing development of aviation technology and wish to acquire it.

We share the general feelings of this Assembly that safety of civil aviation is the fundamental purpose of this Organization, and my country will support any type of resolution aimed at making air transport an increasingly safe and orderly means of communication, in accordance with Article 44 of the Chicago Convention. To this end, Spain has co-sponsored the Resolution adopted by the Council at its Extraordinary Session on 16 September concerning the destruction of a civil aircraft by a military aircraft. This is a tragedy which has resulted in the loss. of a large number of innocent lives and our Organization has the duty to ensure that it will never be repeated by improving the Convention on International Civil Aviation and its Annexes as may be necessary.

I do not wish to close, Mr. President, wi·thout expressing the good wishes of the Spanish Delegation for the success of this 24th Session of the Assembly and thanking the authorities of Canada, Quebec and Montreal for their hospitality."

9. The Chief Delegate of Thailand

"It is indeed my pleasure to address you,.Mr. President. and the distinguished delegates at this meeting once again. It is such a pleasure to have this superb opportunity to get together with friends to exchange views in the field of civil aviation.

This meeting started two weeks after the tragic incident which profoundly shocked the whole world, when the Korean Airlines Boeing 747 was shot down by military aircraft which caused the loss of 269 lives including eight citizens of my own country, Thailand. Thailand wishes to express its deep sorrow and strongly supports the Res­olution which was adopted by the Council on 16 September to investigate the cause of the incident and deeply deplores such unwarranted use of force against innocent passen­gers on board a civil aircraft. The relatives of the victims of this unjustified action should be given compensation.

A24-MIN. P/3

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The Korean Airlines incident should inspire us all to seek ways and means of better reviewing the system and revising the existing rules and procedures as pres­cribed in the ICAO Annexes in order to ensure that there will be no repetition of such a case in the future.

I would like to mention two cases regarding unlawful acts against civil air carriers which were forced by hijackers to land at the airport in my country. Those two cases were managed without losing the lives of the hostages of various national­ities or damage to the aircrafts. In such cases, Member States should fully co­operate with each other in order to suppress such unlawful acts in accordance with the relevant convention.

During the period of economic recession, all of you will agree with me that we should do our utmost to find ways and means to improve the situation. In this connection, in 1981, Thailand played an important role in shortening the ATS route between Bangkok and Manila by re-opening of the Red 66 which reduced-flying time by at least 25 minutes.

In addition, Thailand proposed a reduction of longitudinal time ~eparation from 20 to 15 minutes to be applied along the ATS routes across the South China Sea area which could increase the airspace capacity, and this has been implemented since 7 October 1982. Moreover, Thailand expressed her sincere wish to co-operate and support the implementation of Amber 66 between,Delhi and Termez by providing technical assistance. Hopefully, this segment of the route can be implemented very soon. Thailand also realized that the major problem experienced by airlines is the lack of ATS route capacity resulting in departure delays or operation at uneconomic levels or both. Therefore, between 18 and 20 July this year, Thailand initiated the first meeting of its kind on air traffic- control .personnel of ASEAN countries and Hong Kong to discuss co-ordination procedures associated with the contingency arrangement over the South China Sea area. The meeting provided the opportunity for air traffic control staff to meet and establish close relationships with colleagues with whom they work but whom they had never met. This meeting, conducted in a spirit of co-operation and understand­ing, was successful and fruitful and of definite benefit to both air traffic control and airlines.

Mr. President and distinguished delegates, we have been penalized long enough by the economic recession. I, therefore, would urge all of you at this meeting to join hands in an effort to strive for a new era of economic recovery in the field of civil aviation.

Before coming to a close, may I, Mr. President, take this opportunity to ex­press on behalf of my delegation and myself my appreciation for the constant interest and support which your Organization and yourself personally have always shown towards the promotion of international civil aviation in that very important part of the world."

10. The time of adjournment having arrived, the T~mporary President adjourned the meeting at 1230 hours.

1.

2.

3.

4.

5.

6.

7.

A24-'Min. P/4

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Minutes ·Of the Fourth Meeting

(Wednesday, 21 September 1983, at 1430 hours)

SUBJECTS DISCUSSED

Adoption of the Agenda (Agenda Item 5)

Establishment of Commissions, Co-ordinating Committee and election of Chairmen of Commissions (Agenda Item 6)

Reference of agenda items to the Executive Committee and Commissions and directives concerning co-ordination of action by those bodies (Agenda Item.·5 .1) ·

Annual Reports of the Council to the Assembly for 1980, 1981 and 1982 and Work Programme for 1984-86, and their reference to the Executive Committee as a whole and to Commissions as necessary (Agenda Item 7)

Assembly resolutions to be consolidated or to be declared no longer in force and their reference to the Executive Committee and Commissions (Agenda Item 8)

Election of Contracting States to be represented on the Council (Agenda Item 9)

Statements by delegations of Contracting States and by Observers (Agenda Item 2)

SUMMARY OF DISCUSSION

Agenda Item 5: Adoption of the Agenda

1. The Temporary President in his capacity as Acting Chairman of the Executive Committee presented the recommendation of the Committee to the Plenary for adoption of the Agenda contained in A24-WP/l.

2. In the absence of comments or questions the Plenary adopted the Agenda of the 24th Session of the Assembly of ICAO.

A24-Min. P/4 - 48 -

Agenda ltem 6: Es~ablishment o~. Commissions, C?-ordinatin~,Committee and election of Chairmen of Commissions

3. On behalf of the Executive Committee the Acting Chairman presented the recommen-dation that a Technical Commission, an Economic Commission, a Legal Commission and an Administrative Commission be established, as well as a Co-ordinating Committee, in accord­ance with Rule 14 of the Rules of Procedure.

4. There were no comments or questions and the Plenary approved the recommendation.

Agenda Item 5.1: Reference of Agenda Items to the Executive Committee and Commissions and Directives concerning Co-ordination of Action by those Bodies

5. The Acting Chairman stated that the Executive Committee recommended reference of the various parts of the agenda to the relevant Commissions and to the Executive Committee as required. In other words, the Executive Committee would deal with Items 11, 12 and 13, the Technical Commission with Items 14, 15 and 16, the Economic Commission with Items 17, 18, 19, 20, 21 and 22 and the Administrative Commission with Items 23, 24, 25, 26, 27, 28, 29 and 30 (A24-WP/l).

6. The recommendation was approved by the Plenary without comment.

Agenda Item 7: Annual Reports of the Council to the Assembly for 1980, 1981 and 1982 and Work Programme for 1984-86, and their reference to the Executive Committee as a whole and to Commissions as necessary

7. The Acting Chairman presented the recommendation of the Executive Committee that the Annual Reports for the years 1980, 1981 and 1982, the Supplement to the Report for 1982 (covering the first six months of 1983) and the Work Programme for the years 1984 to 1986, all be referred to the Executive Committee, and that the parts of interest to or concerning the various Commissions be submitted to those Commissions. The recommendation also included reference to the Executive Committee of Working Papers 23 plus Addendum, 29, 33, 35, 41, 42, 46, 47, 48 and 49 plus Addendum with Information Paper No.1. The Committee recommended that WP/31-Revised be referred to the Economic and Administrative Commissions, while the contingency plan in WP/48 be sent to the Technical Commission.

8. The Acting Chairman pointed out that delegations were free to present other working papers under Agenda Item 7, which would then be referred to the Executive Com­mittee where they would be examined should they fall fully within the jurisdiction of the Committee. If the competency of other commissions should be involved, working papers would be submitted to those commissions; the Executive Committee might, of course, ask for opinions from any of the commissions, be they technical, economic, legal or administrative.

9. In the absence of comments or questions the Plenary approved the recommendation

Agenda Item 8: Assembly resolutions to be consolidated or to be declared no longer in force and their reference to the Executive Committee and Commissions

10. In presenting the recommendation of the Executive Committee, the Acting Chair-man stated that l.t was divided into the four parts contained in the appendices to

- 49 -A24-Min. P/4

A24-WP/ll as follows: the Committee would refer Appendix A (constitutional and general policy matters) to the Executive Committee: Appendix B (air navigation) to the Technical Commission; Appendix C (air transport) to the Economic Commission; Appendix D (finance) to the Administrative Commission. Appendix E containing the recommendations of the various commissions would come before the Plenary at its last meeting.

11. The Plenary approved the recommendation without comment.

Agenda Item 9: Election of Contracting States to be represented on the Council

Maximum number of States to be elected in each part of the election

12. The Acting Chairman presented the recommendation of the Executive Committee that the maximum number of States to be elected in each part of the Council election be 10 in the first part, 11 in the second part and 12 in the third part.

13. There were no comments or questions and the Plenary approved the recommendation

Agenda Item 2: Statements by Delegations of Contracting States and of Observers

14. Statements by national delegations were resumed, with the following countries being heard before the close of the meeting:

15. The Chief Delegate of Saint Lucia

"I have the honour and privilege to bring greetings to this 24th Session of the Assembly of the International Civil Aviation Organization from the Government and people of St. Lucia.

As in the case of many small developing countries, Saint Lucia 1 s progress in the development of its civil aviation is sometimes impeded by the lack of adequate financial resources; but invariably these limitations lead to a search for reasonable, tenable and practicable means of overcoming the problems.

One of our major concerns in this field of civil aviation, apart from some of our facilities, lies in the existing lack of ability of small States such as our own to individually establish an international airline for operating route rights to which the country becomes or may become eligible.

The principle of substantial ownership and effective control militates against small developing countries whose scarce financial resources denies them the opportunity of establishing a national airline that satisfies the principle and criteria to which the world community continues to cling.

How do we respond to the provisions of Article 44 of the Convention? What possibilities exist for the small developing countries? There is a mounting tide of feeling that, in instances where a community of interest and other strong ties exist among small States of a group, it may be prudent for the larger, more opulent countries of the world to agree to the granting of recognition for such community of interest and to permit the designation of an airline owned by any member or members of that grour by

A24-Min. P/4 - 50 -

another member of the same group for the operation of route rights available to the latter.

The rejection of this principle may well lead smaller States to collaborate in the establishment of 'flags of convenience'- a route that should be avoided.

In our view, it will be ininical to our longer term national interest to rely wholly for our services either on airlines established under flags of convenience or the carriers of States that feel no total obligation to serve our interest in all circum­stances because there are no bonds or community of interest.

We therefore urge for recognition and acceptance by this Assembly of the principle of community of interests among smaller developing countries as a suitable vehicle for granting fair and equal opportunity to smaller, poorer Contracting States to operate international airlines.

Before leaving the podium, it is necessary that I comment on the recent inhumane attack on a commercial airliner carrying civilian passengers and in which 269 innocent persons lost their lives. One of these persons was a national of the Commonwealth of Dominica, a member country of our small grouping of States - the Organization of Eastern Caribbean States - whose current Chairman is the Prime Minister of that State. The occurrence therefore troubles us directly.

We note with disappointment and regret that there has been no expression or evidence of compunction by those responsible for the deed. We are also aware of action already taken by the Council of this Organization, but join those member States who again call for a rededication to those commitments both implicit and explicit in the Conven­tion and related Annexes aimed at promoting and protecting the safety of international civil aviation. May there never be a recurrence of such an ac·t!!

Finally, the Government of Saint Lucia wishes to express its appreciation for all assistance that it has received from this Organization in general, and also from the Technical Assistance Bureau. We look forward to continuing co-operation."

16. The Chief Delegate of Turkey

"I take pleasure in expressing, on behalf of the Turkish Delegation, our heart­felt thanks to the Government of Canada, the Government of the Province of Quebec as well as the City of Montreal for their warm hospitality which we are traditionally enjoying here, in this beautiful and hospitable country.

I am also pleased to convey our appreciation to the President of the Council, the Secretary General and the secretariat of ICAO for their valuable contribution to the promotion of international civil aviation. Although aviation is rather a new concept for humanity, the Chicago Convention and ICAO have formed together the very basis of a new era in international relations w~ich became a part and parcel of international law.

A24-Min. P/4 - 51 -

Taking this opportunity I would like to extend our sincere welcome to the new members of ICAO who have joined the Organization during the past three years and wish them all success for their constructive contributions.

Before passing on to other subjects I would like to refer to the tragedy of the South Korean airliner, which has shaken the world. Turkey was deeply shocked and grieved by the catastrophe of the shooting .down of the Airliner. I deem it a duty to express our sincere condolences and sympathy to the Government of the Republic of Korea and to the families of the 269 passengers and crew aboard that ill-fated aircraft. The world is indeed shocked by this tragic incident. The attack against a civilian air­craft constitutes a blatant violation of the principles regulating international civil air transport and a deplorable disregard of the related rules.

Our Government appreciates the efforts of this Organization concerning the sad incident and congratulates the Council for their speedy and responsible attitude adopted during its extraordinary session last week. We shall keep supporting the efforts towards preventing the recurrence of similar tragedies.

Mr. President, Turkey, who is among the founding Members of the Organization, is situated on the main air routes between the East and the West, a bridge between Europe and Asia, North and South. Turkey is continuously contributing to the progress of international civil aviation by proviaing the services required by the ICAO plans. In this connection, I am happy to announce that as a consequence of concentrated efforts, Turkish authorities have recently drafted a new law governing all aspects of civil aviation activities. This law is now adopted by the Turkish Assembly. We are of the view that it will meet the requirements of today in technical and administrative fields. We are also improving our capabilities of air traffic control in order to provide better and more efficient service for civil aviation safety. To cope with the requirements of today and that of the future, Turkey is also systematically expanding and modernizing existing airports and adding new ones to her network.

In view of the above, my Government has decided to stand for election to the Council of ICAO, and would very much appreciate the support of the distinguished delegations attending the 24th session of the Assembly. Turkey, up to now has served as a Council Member only once - in the late 1940s. We are ready to .contribute to the work of the Council for the furtherance of the cause of civil aviation."

17. The Chief Delegate of Uganda

"It is indeed an honour for me on behalf of my Delegation to say a few words to this esteemed Assembly. First of all, I bring you all greetings from the Government and people of Uganda. I also JOln other delegations in appreciating the traditionally efficient organization of this Assembly.

I also take this opportunity to join other delegations in welcoming the sovereign States of Grenada, Kiribati, Zimbabwe, Antigua and Barbuda,and Vanuatu to the ICAO family. Their joining this Organization is no doubt an expression of trust in the aims and objectives of the Organization. Uganda being a land-locked country, air

A24-Min. P/4

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transport is not a luxury for us but an essential means for our economic development. I am pleased to inform you that this fact has been recognized by ICAO. For that matter, my government values very much our membership to the Organization.

Most important, I would sincerely like to thank ICAO and UNDP for the timely and unfailing assistance given to my country in the rehabilitation of civil aviation services in spite of financial constraints. It will be recalled that Uganda's civil aviation services suffered greatly in the course of our liberation from a fascist regime. I am pleased to report that our Entebbe International Airport is technically fully operational. My government is sparing no effort to augment the assistance given to us. According to the AFI Plan, the Entebbe Flight Information Region was supposed to be fully operational some time back but due to some financial constraints this has not been possible. However, I am sure you, and all the delegations, would be pleased to learn that due to the importance and priority my government attached to civil aviation, a lot of equipment is on order. Therefore, we expect to implement the Entebbe FIR as soon as possible.

On yet another happy note, I wish, on behalf of my delegation, to record our satisfaction at the establishment of the ICAO Eastern AfricanRegional Office in Nairobi, Kenya. This is of great encouragement and will assist further the development of civil aviation in the region for the benefit of the international community. Our sincere appreciation therefore goes to ICAO and the government of the Republic of Kenya and Member States which supported the establishment of the office.

I would like to conclude by stating that Uganda has endeavoured to play her part in the field of civil aviation. We have had a member on the Air Navigation Commis­sion from 1972 up to mid-1980. We have also been represented on the Council for two terms, the second one of which is now coming to an end. We are not seeking re-election to the Council at this Session but we are confident that the Member taking over from us will maintain the efforts each of us has been putting in for the promotion of civil aviation in accordance with the Chicago and other relevant Conventions. I can assure you, Mr. President, that our absence from the Council shall not reduce our support for the Organization. Nevertheless, when our turn comes to re-join the Council, our ability to contribute to the proper running of the Organization shall not be found wanting.

I wish this Assembly and ICAO as a whole every success."

18. The Chief Delegate of the Union of Soviet Socialist Republics

"On behalf of the Delegation of the Union of Soviet Socialist Republics I would like to extend greetings to the participants in the 24th Session of the ICAO Assembly and to wish you fruitful deliberations in a spirit of mutual understanding and co­operation. I would like to express the hope that the decisions of this Assembly will be aimed at fostering the continued development of civil aviation throughout the world.

This Session takes place in a complex international situation. It is our con­viction that the promotion of peace and international security is based on stable and

A24-Min. P/4 - 53 -

expanding co-operation among States, inter alia, in the civil aviation field. Air trans­port in our time has become an integral and important component of international relations and its role and significance will increase even further in the future.

ICAO's role in guiding and organizing the development of international civil aviation is undisputed. One may note with satisfaction that the measures adopted by ICAO pursuant to its aims and principles are contributing to scientific and technical progress, greater safety, efficiency and regularity in air transport and the creation and strengthening of friendship and mutual understanding among the countries and peoples of the world.

In the three years that have elapsed since the 23rd Session of the Assembly, many Standards and Recommended Practices directly related to flight safety have been updated in the forum of ICAO and the experience of ICAO Member States in the majority of civil aviation disciplines has been widely disseminated. Air navigation services for international flights in most regions of the world have continued to improve and ICAO's role in the resolution of the economic problems facing international air transport has been enhanced.

This year, Soviet civil aviation is sixty years old. It is an important branch of the national economy of the land of the Soviets providing air passenger and cargo services, performing agricultural, engineering, construction, geological prospect­ing and other tasks; it maintains air links with more than ninety (90) countries of the world.

The network of international routes flown by thousands of Soviet and foreign aircraft in our country's airspace is steadily expanding. Air navigation services to flights along these routes and at airports in the USSR are provided in strict compliance with ICAO requirements.

Soviet experts take an active part in ICAO bodies and contribute to the implementation of its work programme in all areas. We are glad to share with other countries our extensive practical experience in conducting civil aviation operations un­der various climatic and geographical conditions.

We are aware of the difficulties facing civil aviation in the developing countries, particularly with regard to the training of national aviation specialists. We provide technical assistance to these countries and are prepared to increase still further the quota of foreign students attending civil aviation training institutes in the USSR. We have an adequate supply of highlv qualified specialists trained to work as ICAO experts in developing countries.

At this Assembly Session our delegation intends to participate in the pre­paration and approval of the work programme of ICAO for the 1984-1986 triennium. We do so on the assumption that it is the overall purpose of the States represented here to raise the efficiency and cost effectiveness of ICAO's activities in every way possible.

A24-Min. P/4 - 54 -

At this Session we have heard statements from individual delegations about an incident involving a South Korean aeroplane, which is being exploited in some quarters to aggravate the international situation and provoke anti-Soviet hysteria. These people are deliberately evading the main fact that a criminal violation of the sovereignty of the USSR and of the rules of international flight was committed by a spy-aircraft. The international community has already been given the necessary ex­planations of the factual aspects of the incident, inter alia, in the statement bv the Soviet Government of 6 September. This statement characterizes the criminal actions of those who organized and perpetrated this act against our country.

As we know, on the night of 1 September, this aircraft violated the national boundaries of the USSR, intruding into the Soviet Union's airspace over the Kamchatka Peninsula. It subsequently flew for two hours over the Sea of Okhotsk and Sakhalin Island, visiting important Soviet strategic installations. The air defence units -both on the ground and in the air - took exhaustive steps, in strict compliance with Soviet legislation and ICAO Standards, to establish contact with the intruder aircraft and compel it to land at a Soviet aerodrome. Inter alia, general calls were made on the international emergency frequency 121.5 MHz, the air defence interceptor rocked its wings, flashed its navigation lights and even fired warning tracer bullets along the path of the intruder aircraft. However, the crew ignored these orders and endeavoured to get away from the interceptor by changing altitude, airspeed and direction and flying round the area in which Soviet anti-aircraft missile forces are stationed. Periodic transmissions of brief, coded radio signals normally used to transmit intelligence data were picked up by the Soviet radio monitoring services. After meticulously analysing the actions of the intruder aircraft and the flight path it followed over military bases, the Area Air Defence Command concluded that an intelligence aircraft was in USSR airspace on a special mission.

The facts show irrefutably that the intrusion of the South Korean aircraft into Soviet airspace was organized by the USA as a large-scale intelligence operation and that the civil aircraft was deliberately selected regardless of the possibility -and perhaps even in the calculated expectation - that human lives would be lost. Naturally enough, the whole responsibility for what occurred falls entirely upon those who organized this operation, whose actions are in flagrant conflict with the princi­ples and standards of international law. In executing this flight the aircraft's crew flagrantly violated numerous provisions of the Chicago Convention and its Annexes, ignoring the warnings and instructions of the Soviet air defence units.

The following legitimate questions arise: Why did the South Korean aircraft, equipped as it was with up-to-date air navigation systems, show up in the airspace of the USSR, some 500 km from the international airway, in an area where there are Soviet military bases? Why did the United States and japanese air traffic control units, which were monitoring the entire flight of this aircraft, fail to return it to the international airway, although they were clearly aware that the aircraft had penetrated deeply into USSR airspace?

Why did the Japanese air traffic control units, which have direct telecommuni­cations links with the Soviet air traffic control units, fail to inform them about the

A24-Min. P/4 - 55 -

flight of the South Korean aircraft in the prevailing situation? These and other questions remain unanswered.

Instead, the USA and a number of other countries have launched a.frenzied anti­Soviet campaign, are giving effect to discriminatory measures and inimical acts against Aeroflot, including the prohibition of flights by our aircraft, the suspension of flights to the USSR, the restriction of commercial rights and other provocations. We strongly condemn these actions by the United States and other western countries which are harming Aeroflot and international civil aviation as a whole, for which they must bear full responsibility.

The Soviet Government has expressed its regret over the deaths of these innocent people and shares the sorrow of their families and loved ones.

An investigation of the circumstances surrounding the incident involving the South Korean aircraft is being conducted by the State Commission of the USSR in confor­mity with the relevant laws of the USSR, the appropriate provisions-of the Chicago Convention and the ICAO Standards adopted by our country. In order to complete the investigation, full and objective information concerning the flight of the intruder air­craft is needed from South Korea, the United States and Japan. When the investigation is completed, the relevant report will be submitted to ICAO. In these circumstances, with the investigation still in progress, a number of countries are attempting to use the 24th Session of the Assembly for their political purposes. Those who organized the flight for intelligence purposes want to shift the responsibility for this treacherous intrusion by an aircraft into the territory of the USSR and its tragic consequences onto the Soviet Union.

The Delegation of the USSR shares the views of the Delegations from a number of countries that certain international standards and rules are less than perfect. They do not provide adequate safeguards that the aircraft crew of an airline will not commit a similar violation at some future date and thereby endanger the lives of innocent people .

. We are of the view that the appropriate ICAO bodies, on the instructions of the Assembly, should develop and present for approval without delay, precise rules to supple­ment and spell out the provisions in the Preamble to the Chicago Convention on Inter~ national Civil Aviation and Article 4 of the Convention on Offences and Certain other Acts committed on Board Aircraft. This can be effected by developing amendments to the Convention and improving its Annexes. We believe there is a need to define clearly what constitutes abuse of civil aviation, to develop provisions embodying safeguards against the use of civil aviation for purposes incompatible with the objectives of the Chicago Convention of 1944 and strict rules of liability for the illegitimate use of civil aviation.

The Delegation of the USSR considers that special rules should be developed by ICAO concerning the liability of States and their air traffic control agencies. There should also be rules governing the responsibility of aircraft crews to prevent violation of the airspace of foreign countries and of the prescribed flight rules in respect of airspace.

A24-Min. P/4 - 56 -

We propose that rules be developed whereby the air traffic control agencies monitoring a flight are bound to inform the aircraft without delay of any deviation and to notify the appropriate air traffic control units of the Contracting State towards whose territory the flight is proceeding or in whose airspace the aircraft has appeared. To this end measures should be developed to increase the responsibility of air traffic control agencies for failure to comply with the aforementioned requirements. In order to ensure strict compliance by civil air transport aircraft with the published flight routes, co-ordination between the air traffic control units of the Contracting States which are responsible for adjacent flight information regions should be improved.

Finally, we insist that there should be a stringent rule whereby an inter­cepted aircraft violating the airspace of a foreign State is bound, in all cases, to adhere strictly to the instructions of the intercepting aircraft, including the order to follow it and land at a designated aerodrome on the territory of the Contracting State whose airspace has been violated. In our opinion, aircraft manufacturers should think about improving the technical equipment of aircraft to facilitate their identification in conditions of poor visibility.

Adoption of the above-mentioned measures will enable the existing international standards and rules to be improved and prevent the recurrence of such tragic incidents to civil aircraft.

The Soviet Union, for its part, is ready to co-operate constructively with other States in carrying out this work.

Mr. President, there are many important questions to be considered by the Assembly at this Session. The Soviet Delegation will make every effort to ensure its success."

19. The Chief Delegate of Uruguay

"It is an honour and a privilege for me to speak to this Assembly and present to you the most cordial greetings, through this Delegation, from the people and Government of the Eastern Republic of Uruguay, and express our gratitude to the President of the Council, Dr. Assad Kotaite, to the Secretary General, Mr. Yves Lambert, and all the officials of the Organization for their constant efforts to achieve the best results and for the preparation of this Session of the Assembly.

I now wish to stress the always positive work of ICAO in the fields of tech­nical and financial assistance to the member countries, in the field of technical regu­lation and in the unification and progressive preparation of international law, to men­tion only a few areas of its activity.

Indeed, there would have been little value in the principles of friendship and understanding among nations, and of co-operation, on which depend the peace of the world and equality of opportunity, established in the Chicago Convention, if at the same time an international organization had not been created, entrusted with ensuring the most faithful compliance.

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In the same way, we might say that the efforts of this Organization to achieve safe and orderly development of international civil aviation would to a large extent be fruitless if the Member States in their turn did not adopt these goals as the objective of their individual efforts.

With specific reference to international relations and co-operation, Uruguay supports and has implemented rules of aeronautical policy which enshrine the principle of real and effective reciprocity as a balancing factor in these relations between States which, while legally equal, present many different potentialities.

We firmly believe this principle should be applied in bilateral and multilateral relations as a means of achieving a sound international solidarity which in these times seems increasingly elusive.

Of course there are some who, perceiving a world marked by the economic cr1s1s, unrestrained and unmeasured competition, the decline of safety and the standards that regulate and safeguard it, consider these principles of our constituent Charter to be illusory.

Facing a situation fraught with uncertainty, our Delegation on the contrary reaffirms with complete conviction the position of faith and confidence that inspired the drafters of the Convention; we remain convinced of the human spirit's capacity to react to negative situations and overcome them by reason and creativity, and in this way to achieve the ideal of peace and international co-operation and safety which has always inspired the aeronautical community since its beginnings.

On behalf of the Delegation of the Eastern Republic of Uruguay, I wish to express thanks for the generous hospitality once again extended to us by this country and this Organization and to express our wishes for the successful and prosperous culmination of the work that we shall undertake in the coming days."

20. The Chief Delegate of Venezuela

"On behalf of the Government of Venezuela, I wish to express than.ks to the Govern­ment of Canada and the City of Montreal, the site of this 24th Assembly of ICAO, for their kindness to us.

Likewise, ~ wish to congratulate the President, the Secretary General of the Organization and all the staff, for their work in preparing this important event. The Assembly is being held at a crucial time for international civil aviation, primarily for the economic reasons with which we are all familiar. This situation requires us to work particularly carefully to make the best possible contribution to finding solutions which will help overcome the serious difficulties we are facing.

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Venezuela is geographically located on the northern coast of South America, so that it has become the nerve centre for traffic on routes between the Americas and the Middle Atlantic, as a result of which we must plan and constantly develop all classes of aeronautical infrastructure, to enable the continuing development of air transport with the maximum safety for aircraft and facility for passengers, cargo and mail.

Our international airline, VIASA, covers routes both to and from the Caribbean, North, Centraland South America and Europe. In recent years, Venezuela has worked to increase the air services of the Caribbean Region so that they will provide a better service for users and bring even closer the peoples of this important area. Likewise, twenty-two airlines of other countries operate to and from Venezuelan international airports.

At present, there are eleven airports open to international air traffic, which enable any commonly used modern aircraft to operate now and in the medium term. The main one is Sinton Bolivar Airport, which serves Caracas, and has facilities among the most modern and efficient in Latin America. A new terminal for domestic traffic, which was recently inaugurated at this airport, allows rapid connections with international flights. More recently, a terminal exclusively for general aviation was brought into service at the same airport.

/

As part of the implementation of the navigation and communications system, the following points should be highlighted:

The control centre at Simon Bolivar Airport is equipped with a network of VHF repeaters to provide coverage for the whole country, and sophisticated radar equipment, both primary and secondary, and it is planned during the first months of the next year to extend the AFTN network, which will make it possible to obtain all available informa-tion concerning air traffic, coded meteorological information, all data relating to the progress of a flight, automated progress tapes, repetitive flight plans, etc. This extension of working equipment is related to the immediate construction of a modern base building, and it is all contributing to better air traffic service for users.

There are thirty control towers, which provide air traffic control service, flight and alerting information, and in addition their VHF ground-air communications are linked with each other through VHF/SSB microwave systems and most of them have had their communications equipment and internal and external physical structure remodelled in the last three years.

At the six main airports in the country, there is both primary and secondary radar equipment with top quality communications, both in the pilot-controller-pilot part and in the link between each of them and the Maiquetia area control centre.

There are 32 VOR in the different stations in the country, all of them of the latest technology with the respective back-up systems.

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The plan for updating and replacing some fifty NOB in the different stations of the country is going ahead .. Furthermore, one of the first NOB using solar energy has been installed in a site of difficult access.

Six ILS are being installed with their respective back-up systems.

There are eight automated meteorological systems.

Work is proceeding on updating the infrastructure of aeronautical maintenance for the preventive and corrective support of the different systems of communications, radar and radio aids, with a marked improvement in the technical and professional stan­dard of personnel.

There is a civil aviation training centre to cover the country's needs in aeronautical and piloting specialities. This institute has high technology equipment and at all times the valuable collaboration of ICAO in the field of technical assistance has been available.

At present the Venezuelan Government is doing everything possible to finance the second stage, which has been described as a large-scale project. In co-ordination with the ICAO Regional Office in Lima, Venezuela has implemented an air routes plan for South America designed to reduce the consumption of fuel and lubricants by shortening flight distances, and this has resulted in a reduction of operational costs for airlines. The necessary co-ordination is proceeding for the routes connecting up with the Caribbean and Central and North American areas and it is expected that in due course such agree­ments will enable the corresponding routes to be rectified.

As one of the founding States of ICAO, Venezuela has always taken part in the Organization's activities and in the period now ending was a Member of the Council and would like to continue to be a Member of the Council.

In the regional sphere, Venezuela has worked assiduously to constantly strength­en aeronautical relations between American countries and in this regard has attended all the Regional Meetings in this field, more particularly in the former Regional Civil Aviation Commissions and in the present Latin American Civil Aviation Commission (LACAC) on which it has held the Presidency by decision of the fifth Assembly of that Organiza­tion held in Caracas in November 1982.

During the last three years, Venezuela ratified and deposited instruments of acceptance of the Tokyo and The Hague Conventions, in accordance with its repeated positions in defence of international civil aviation against acts of unlawful interference. With regard to the case of the Korean AirLines aeroplane, Venezuela deeply deplores acts of this type and as a country which respects human rights and compliance with international law and the maintenance of peace, supports full and objective investigation of this deplorable event and considers that all necessary efforts should be made to ensure that such a situation never recurs.

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I should not conclude without affirming that Venezuela will continue to support the efforts of ICAO to develop telecommunications and air navigation by satellite, which will be invaluable for the future of civil aviation.

Finally, I wish to express every wish that this Assembly completes its pro­ceedings with every success, as the situation today requires."

21. In the course of the general statements, the Delegate of Japan took the floor to respond to the remarks of the Delegate of the Union of Soviet Socialist Republics in relation to the tragic incident which took place on 1 September 1983 involving Korean Air Lines flight 007:

"In response to the allegation raised by the delegate of the USSR that the Japan­ese air traffic controllers failed to stop the deviation of Korean Air Lines flight 007 from the air route, I should like to st~te the positton of the Japanese Government.

If I may state the conclusion first, Japan was in no position to warn Korean Air Lines flight 007 since we had no way of knowing that the aircraft had strayed from its route between the time it left Anchorage and the time it was shot down near Moneron (Kaiba) Island off the coast of Sakhalin.

I would like to explain the reason as follows:

1. Japanese air traffic control authorities usually rely upon air traffic sur­veillance radar and communications from the pilot of a civil aircraft to determine whether each aircraft is flying according to its flight plan. However, Japanese sur­veillance radar coverage is limited to the airspace over and around Japan and, for an aircraft flying at over 20,000 feet altitude, even the Yokotsudake radar station at Hakodate, Hokkaido, which is located closest to Nokka position (42°23" North, 147°23" East), some 270 kilometers East-South-East of Kushiro, can cover only as far as 42°14" North 145°13" East,some 150 kilometers South-South-East of Kushiro. It was thus im­possible for any Japanese air traffic surveillance radar station to ascertain that the Korean Air Lines jetliner was flying off-course, deviating from the air route.

The only way to ascertain the actual location of an aircraft which cannot be seen by air traffic surveillance radar is to rely upon communications from the pilot, and standard practice is to assume that the said communications are correct.

2. Communications between Korean Air Lines flight 007 and Tokyo International Air Communication station at Narita was normal until the start of an unintelligible trans­mission from Korean Air Ltnes flight 007 at 3.27 Japan Standard Time. Narita fully expected to receive the pilot's report that he had passed Nokka some 270 kilometers East-South-East of Kushiro at 3.26, and it was not until 3.27 that there was any suspicion that there might be trouble with Korean Air Lines flight 007 near Nokka.

3. For approximately 17 minutes from 3.12 to 3.29, the Air Self-Defense Forces radar station at Wakkanai sighted and recorded an aircraft flying southwest over Sakhalin approximately 100 miles north of Wakkanai, but there was no way that the Air Self-Defense Forces could have known at that time that this aircraft was Korean Air Lines flight 007. The Air Self-Defense-Forces were not following Korean Air Lines flight 007 by radar all the while that it was in communication with Narita Air Traffic Control but rather suddenly picked that aircraft up on their radar at 3.12 when it

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entered the airspace over Sakhalin, and. even then it was sighted as an unidentified aircraft.

4. It was only the after-the-fact integration and analysis of radar and communi­cation records which revealed the possibility that Korean Air Lines flight 007 had strayed from its route and flown into Sakhalin airspace.

5. The preceding information points to the following conclusions:

a) Since it was not until 3.27 that Narita Air Traffic Control became aware of any irregularity regarding Korean Air Lines flight 007, even if Narita had immediately contacted the Air Self-Defense Forces and had been able to deduce that the unidentified aircraft which had flown into the airspace over Sakhalin was indeed Korean Air Lines flight 007, this was already after the said aircraft had been shot down by the Soviet military aircraft at 3.26 21'.

b) Japan was in no position to warn Korean Air Lines flight 007 since we had no way of knowing that the aircraft had strayed from its route between the time it left Anchorage and the time it was shot down near Moneran (Kaiba) Island off the coast of Sakhalin.

6. It can that this Soviet the Soviet Union

only be concluded that the Soviet charges are completely groundless and attitude represents an attempt to shift to Japan part of the blame which must rightly bear for this incident.

The Government of Japan therefore strongly demands that the Soviet Union promptly retracts these charges and responds in good faith to this incident."

22. In view of their imminent departure, the Temporary President deviated from the alphabetical order of the list of speakers and gave the floor to the following three countries:

23. The Chief Delegate of Australia

"On behalf of the Australian delegation, I express warm greetings to other participants in this 24th Assembly of ICAO. I would also like to thank the Canadian Government and people of Montreal for their welcome.

As the fortieth anniversary of this important international body approaches, Australia recalls with satisfaction and appreciation the co-operation that has been developed in world civil aviation since the inception of ICAO.

The world community is richer for the benefits that have flowed from the collaborative efforts of Member States of this international civil aviation body. Australia acknowledges the benefits it has derived as a relatively isolated country which is highly dependent on regular, safe and efficient air links with other parts of the world.

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Correspondingly, we are pleased to have been able to make our own modest contribution to development of the present day world aviation system. We hope to continue and, if possible, to expand our efforts in providing assistance. We are particularly appreciative of the generous remarks of the distinguished Delegate of Papua New Guinea concerning Australia's assistance in the development of civil aviation in that country.

There is much reason for mutual satisfaction in what has been achieved over the past forty years. At.the same time, we have been given a recent brutal reminder that the safety, and indeed the very continuance of international aviation security depends on the observance of agreed standards and codes of conduct by all countries.

The Australian Government and Parliament have made quite clear their deeply­felt shock and indignation at the tragic and appalling loss of life in the totally unjustifiable destruction of a civilian airliner by .a Soviet military aircraft. We have extended our profound sympathy to the families of the victims of whom a number were Australians. The Australian Government and the Australian community at large·have taken direct measures to express their abhorrence at this event.

The Australian Government is claiming reparations against the Soviet Union for a grave violation of international law which has led to the loss of four Australian lives. But obviously any .amount of compensation will not recompense the grief of those families who have lost loved ones in the disaster.

The coincidence of this tragic happening and the 24th Session of the Assembly has only served to further focus the natural expectations of the international community that this Organization will be in the forefront of efforts to prevent the recurrence of any similar incident. The events of the last three weeks, have made it a matter of paramount importance that there be an exhaustive inquiry into the circum­stances bf the incident under ICAO auspices; and that the necessary initiatives be undertaken to improve the security of international aviation. For these reasons we were among the sponsors of the resolution adopted last week at the Extraordinary Session of the Council.

The wide support given to the Council resolution testifies to the depth of international concern that the existing situation must be reviewed and improved. We look for the co-operation of all parties in this and in particular for the co-operation of the Soviet Union if a full and accurate account of the circumstances is to be established. We owe it to the international community and above all to the blameless victims in this

·tragedy to prcovil:te a clear indication at this Assembly that we are individually and jointly determined to bring about whatever changes are considered necessary to restore the safety of international civil aviation and to ensure the confidence of the international community. The Australian Government confirms its commitment to this. We have noted, both at the Extraordinary Session of the Council and at this Session of the Assembly, that concrete proposals have been put forward. Australia welcomes these suggestions and undertakes to put them to early and thorough study."

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24. The Chief Delegate of Guatemala

"On behalf of the Delegation of Guatemala, which I have the honour to head, I wish to present to you, Mr. President, our appreciation of the success of the Organization under your positive leadership, and to the Members of the Council I wish to express our congratulations on their fruitful management. And finally may I express the wish that this 24th Assembly will successfully complete· the high objectives it has set before itself.

My country is a founding member of ICAO and has signed most of the international civil aviation conventions, and in addition has entered into many bilateral agreements. We recognize the· enormous and growing importance of international civil aviation and, through its Delegates or through its Permanent Central American Regional Representatives, our country has always worked enthusiastically for the continuing improvement and efficiency of this Organization, not only that it may resolve the difficult problems of civil aviation in the interrelated aspects of safety, policy, economics and legal and socio-cultural matters, but also respond more and more to the requirements of a changing world with unlimited aspirations, in crystallizing the interdependence of nations, which is not based on force or economic power, but on justice.

As a developing country, Guatemala makes common cause with many of the aspir­ations of third world countries and, as a member of the Group of 77, shares the concern of the poor nations at the geo-economic injustice which is becoming increasingly evident in the fields of international economy and trade. Thus, recognizing the economic importance of international civil aviation, we have come to this Assembly in the belief and hope that through the appropriate and efficient means at its disposal, it will in some measure help resolve some of the problems of our peoples, although we also clearly visualize civil aviation as a means of cultural interchange and mutual knowledge between peoples and thereby an unequivocal security for tolerance and mutual respect which must lead to peace with well-being.

In recent years, the Central American Isthmus has gained the dubious honour of gratuitous publicity which serves very few and which unfortunately favours political manipulation and political commercialism. Nevertheless, our sub-region deserves and will indeed have a better destiny and future and Guatemala, the girdle of America, should be known as it really is without embellishment or stereotype, in the resurgence of its ancient and admirable ancestral culture and Mayan civilization whose only parallel is Egypt. And it is with this in mind that our country is concluding arrangements to open the international airport of El Peten Province, the cradle of that unforgettable civilization and archeological treasury of the western world. At the same time, we have the modern central international airport which also handles domestic air traffic to various points.

Furthermore, Guatemala has always had a policy of rapprochement and close bonds with the nations of the American Continent, and has especially fraternal relations with the countries of our sub-region, which have had the same origin and have achieved independence together, have the same geographical unity in the Isthmus, share the same history, traditions and customs and face a·similar set of problems. This explains and justifies and also provides full technical support for, and juridico-political validity to, the fact that, within this Organization, El Salvador, Honduras, Nicaragua, Costa Rica,

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Panama and Guatemala have agreed to share, alternately and in rotation, sub-regional representation within this Organization, in the legitimate exercise of their convergent sovereign powers; we have not entered into this agreement for mere practical, elec­toral or financial reasons, but in the belief and trust that we are capable of overcoming our differences to achieve common regional benefits and objectives.

Ang ,,i.t j,Jj :,prec.ise),y. this which guarantees and legitimizes the just aspiration of Guatemala to obtain representation on the Council of this Organization during the present Assembly.

On the basis of available data and informatio.n, Guatemala shares in the inter­national community's reactions of incredulity, rejection and shock over the military

.attack on a defenceless civil aircraft which occurred on 1 September this year, and renews its .heartfelt condolences to the nations and families of the 269 victims. My Delegation -reiterates, .once again, its clear and decided support for the Resolution adopted by the Council on 16 September last and exhort:·s all its members to produce whatever resolutions, standards and machinery as may be necessary to avoid the recurrence of a similar event, whatever its causes, reasons, its extenuating or exonera­ting circumstances and irrespective of any degree of wilful or serious negligence or inexcusable omission that might be involved.

On behalf of the people and Government of Guatemala and my Delegation, I ex.press our offer :to collaborate and endorse the effor~s of this Assembly to help achieve the aims of the International Civil Aviation Organization.

Lastly, may I express our gratitude to the local authorities of this beautiful city of Montreal, the Provincial Government of Quebec and the people and Government of Canada for their magnificent hospitality, which will ensure that this Assembly is both productive and enjoyable."

25. The Chief Delegate of the Hungarian People's Republic

'May I on behalf of the Delegation of the Hungarian People's Republic present our greetings ·to all of you and especially to the Representatives of the new ICAO Member countries, Antigua and Barbuda, Grenada, Kiribati, Zimbabwe and Vanuatu.

The 24th Session of the ICAO Assembly takes place in a difficult international atmosphere, charged with tension. Unfortunately, there are attempts to aggravate this complex situation further threatening the contacts between countries with different social structures and the achievement of international detente.

We attach great significance to the fact that ICAO participate in the resolution of this important problem. We hope that our Organization is able and prepared to resist the pressure exerted by some countries and that, consistent with its past practice, it will focus the work of this Session on .. fostering better understanding among the Member States, harmonization of their interests and development of co-operation.

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People's world in reducing

- 65 .,..

A fundamental principle of the policy of the Government of the Hungarian Repu~lic is to do everything in its power to preserve peace throughout the the 1nterest of peaceful co-existence and to retain what has been achieved international tensions.

in

~he ~ungar~an Delegation has come to this Session guided by this principle and with the f1rm 1ntent1on of making every ef~ort to foster better understanding and co­operation among the Member States and to strengthen the authority of the Organization.

We have come together to take stock of the work done in the last three and to define our tasks for the coming triennium, at a time.when civil aviation throughout the world is struggling with serious problems.

years

I have in mind the fact that even in the future international air transport on a world-wide scale will not be cost-effective. The tariff structure is complex and is further aggravated by the divergencies that exist between countries as regards the conversion of approved fares.

In spite of a certain reduction in the price of aviation fuel and some improvements in its supply, the situation remains unstable. Unfortuna·tely, it must be said that the number of acts of unlawful interference.with the safety of civil aviation continues to grow, as borne out by the sad statistical data for the past triennium.

It is true to say that even in this difficult period the International Civil Aviation Organization has done significant work. We attach great importance to the compilation of various Digests and the publication of Annex 18. We very much appreciate the Organization's activities in the Technical Assistance field. We also value highly the work of the Regional Offices.

In our domestic civil aviation activities we continue to comply in all areas where this is possible with the directives of the Organization and constantly strive to keep pace with the new Standards and Recommended Practices.

I can inform you that in order to improve the level of the services provided to international air transport we have taken a number of measures in our country during the past triennium, including the expansion of Budapest Airport and the upgrading of the air traffic control system throughout the Hungarian airspace. Budapest Airport now meets the requirements of Cat IliA operations.

This month, we began the construction of a new airport terminal, capable of handling 2 million passengers per year, which will become operational in September 1985. Thanks to these improvements we will be able to provide better service to the 10 - 15 million tourists who visit our country every·year. As you know this is 1~ times the number of the Hungarian population.

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Mr. President, distinguished Delegates, in the coming weeks we have to perform a very important and highly responsible task. Our Delegation believes that in the present situation of international civil aviation, our attention must be focused on flight safety, the provision of technical flight services, the elimination of unlawful inter­ference that jeopardizes the safety of civil aviation and the solution of economic problems facing international civil aviation. We must pay attention to the fact that in the present·e€onomic climate the Organization's expenses must be kept within realistic limits.

On behalf of the Delegation of the Hungarian People's Republic I should like to wish all participants in the Assembly a fruitful and successful meeting marked by sincere co-operation in the accomplishment of these very responsible tasks. "

26. Reverting to the English alphabetical order of the list of speakers, the following two countries were heard.

27. The Chief Delegate of the Socialist Federal Republic of Yugoslavia

"On behalf of the Government of the Socialist Federal Republic of Yugoslavia it is for me an honour to greet the participants of the 24th Session of the Assembly of the International Civil Aviation Organization and to wish full success in the work of this Session.

The Government of the Socialist Federal Republic of Yugoslavia attaches great importance to the development of civil aviation which, in the post-war period has shown a high trend of development.

The Yugoslav Delegation attaches great importance to all items on the Agenda of this Session and cherishes a hope that, with mutual efforts, we will be able to find satisfactory solutions for common problems in order to overcome the economic and other difficulties now present in the world and in international civil aviation.

We are supporting all activities of~the ICAO Council and its bodies and in particular,

- On the legal plan - we draw attention to the necessity for the Conventions on unlawful acts in civil aviation (Tokyo 1963, The Hague 1970 and Montreal 1971) to· become universal and for the non-adhering countries to the Convention, to do so as soon as possible. I would like to state that the Government of the Socialist Federal Republic of Yugoslavia was. among the· first to have ratified· the mentioned Conventions.

- On the Technical Assistance Plan ICAO/UNDP - we fully support the policy and organization programme particularly in re.spect of the developing countries. The Council's Report reveals that the use of this assistance is being carried out successfully in the countries which need such assistance. As for Yugoslavia, we also benefitted from this programme in the past, therefore we are in the position to evaluate the importance and significance particularly of personnel training in various fields of civil aviation. Yugoslavia also had a significant share in rendering technical assistance to the develop­ing countries. in.the. past, in accordance with its possibilities.

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- On the Technical plan of air navigation - my Government supports the ICAO pro­gramme whose aim is the updating of standards, recommendations and procedures of air navigation which contribute to safety, regularity and efficiency of international air navigation. 11

28. The Chief Delegate of Angola

11It is an honour and a privilege for me to address this 24th Session of the Assembly of the International Civil Aviation Organization on behalf of the Government of Angola and my Delegation. I would like to take this opportunity to first of all thank the Government of Canada, the Province of Quebec and the beautiful city of Montreal for

.their welcome and kind hospitality. I would also like to express our great appreciation to the President of the Council, the Secretary General and the ICAO Secretariat for the valuable and efficient work they have been doing for the safe and orderly development of international civil aviation.

Angola gained its independence on 11 November 1975 and adhered to the Chicago Convention on 11 April 1977, becoming then the 138th Member State of ICAO. We do not only fully support the aims and objectives of the Organization, but also we make all efforts, within our possibilities, to implement all Standards, Recommended Practices and Procedures established by ICAO. Of course this is not an easy task for us taking into account our still little experience and shortage of qualified staff.

My country attaches great importance to air transport owing to the role it plays in our economic and social development and in the strengthening of international co-operation.

Despite the economic difficulties we are facing due to the war waged against us by imperialism and its lackeys, great investments are being made in the civil aviation field by our Government since the. independence. At that time our national airline- TAAG­Linhas Aereas de Angola (Angola Airlines) had a fleet of 7 aircraft (3 F-·27 and 4 DC3). Now it has 23 aircraft being 6 B707, 5 B737, 5 F-27, 3 Yak-40, 2 L-100-20 and 2 AN-26.

In the international network TAAG undertakes scheduled flights to 6 cities in Africa, 4 in Europe and 1 in the Caribbean, having carried 96 000 passengers in 1982. The average annual growth was of 32.7% over the period 1977/1982.

In the domestic network TAAG performs scheduled flights to 17 cities, having carried 803 000 passengers in 1982. The average annual growth was of 29.0% over the same period.

In order to, on one hand, improve the productivity and profitability of our long-haul fleet and on the other hand, meet aircraft noise and engine emtssions requirements, a study for the replacement of the old B707 by fuel-efficient wide-bodied aircraft is under conclusion.

Up to now, Angola has concluded 20 Air Transport Agreements and is served by 10 scheduled international airlines.

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In the field of airports, a plan for remodelling, reconstruction and extension of 14 of our principal airports has been made and its implementation started with Fevereiro International Airport in Luanda, where the main and secondary runways were reinforced, as well as the apron that was also substantially extended. Runway and approach lighting were completely remodelled on the main runway and installed on the secondary one. Works for remodelling and extension of the passenger terminal are in progress to. meet traffic· requirements that in 1982 exceeded one million passengers. A contract for the supply of 22 fire fighting vehicles to equip our main airports was scheduled to be signed in Luanda on 19 September 1983.

In the field of navaids and aeronautical communications, efforts have also been made to improve and maintain those systems in order to better the safety and efficiency of the national and international air transport operations within Luanda FIR/UIR. New VORs were installed at Luanda and Huambo airports and the Luanda ILS was brought into operation after being unserviceable for quite some time. New VHF equipment ·was also installed at our main airports.

In the field of training, although significant progresses have been made, thanks to the technical assistance provided by ICAO within the framework of UNDP and some friendly countries, the number of national technicians trained, up to date, is still far from that required to meet our needs.

Since 1-9-78 Angola is benefiting. from two ICAO/UNDP projects, one related to the training of commercial pilots and aircraft maintenance engineers and the other related to training in other areas of civil aviation, mainly air traffic control, operation of aeronautical telecommunications and radio maintenance. The first project will end in March of next year and the second one at the end of this year and we cannot refrain from expressing our deep concern aboutthat fact because if that happens our training programme will be seriously affected and this obviously will prevent the future development of our civil aviation. Anyway, we would like to express our gratitude to ICAO and friendly nations for the assistance provided to us in this regard and our hope that this assistance will continue.

As far as international co-operation is concerned, we are engaged with regional projects within SADCC framework. Thus, as you may know, two-study projects have been concluded and terms of reference for six more new projects have been elaborated. one of them being "Updating of the 1975 ICAO study of Aeronautical Telecommunications" which will be carried out by our Organization.

In conclusion, Mr. President and distinguished delegates, I would like to wish the Assembly ·every s·uccess for this 24th ·session."

29. The meeting adjourned at 1715 hours.

1.

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Minutes of the Fifth Meeting

(Thursday, 22 September 1983, at 1150 hours)

SUBJECTS DISCUSSED

Statements by Delegations of Contracting States and Observers (Agenda Item 2, continued)

SUMMARY OF DISCUSSION

Agenda Item 2: Statements by Delegations of Contracting States and of Observers

1. The Temporary President indicated that statements by delegations of Contracting States would resume, and he invited the Chief Delegate of Bulgaria to speak next.

2. The Chief Delegate of Bulgaria

"On behalf of the Government of the People's Republic of Bulgaria I have the great honour to extend to you and to all participants in the work of the 24th Session of the ICAO Assembly our warmest greetings and wishes for a useful and constructive meeting.

The Government of the People's Republic of Bulgaria greatly appreciates the constant efforts made by ICAO's executive bodies and its President, Dr. Assad Kotaite, in improving the level of safety and reliability of civil aviation and encouraging its further development.

Thanks to i~s geographical situation on the Balkan Peninsula and because of its consistent foreign policy of peace, friendship and mutual understanding among nations and guided by the provisions of ICAO, my country is making great efforts to develop an efficient system of reliable and safe air transport services over our territory. We are endeavouring to update our airports and air traffic control services and co-operate with the other countries of the Region in the field of aircraft operations and their management. I would like, at this Session, to express our gratitude and appreciation to the aviation authorities of the USSR, the Republic of Turkey, the Republic of Greece, the Socialist Federal Republic of Yugoslavia and the Czechoslovak Socialist Republic for the fruitful work we have carried out together in an endeavour to achieve a higher level of reliability in air transport operations over our territories using our airports and air navigation facilities. At the

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same time we have noted with some alarm that there is a negative aspect which gives rise to· concern and has an impact on the reliability of civil air transport operations. We fiave in mind the fact that the recommendations contained in the different ICAO documents are not fully implemented.

Many of the distinguished Chief Delegates in their opening statements referred to the extremely unpleasant incident involving a South Korean aircraft which had intruded deeply into USSR territory. We wish to express our deep regret over the loss of lives and our sincere condolences to the families of the victims.

We wish to associate ourselves with the concern expressed by most Heads of Delegations over the absence of effective means of preventing the violation of the sovereignty of a country's airspace by civil aircraft and the inadequqcy of measures that exclude their destruction. Our Delegation did not intend to refer to this incident, but here a clear and single-minded attempt is being made to lay the blame at somebody else's door and the question of the USSR's membership on the ICAO Council is being raised. The aim is to use this high international forum for the purpose of discrediting one country which has followed in the past and continues to follow a policy of peace and co-operation with all the countries of the world, a country which is defending its sovereignty and which takes an active part in the work of ICAO's bodies and contributes to the development of international civil aviation.

Our Delegation believes that it would not be appropriate to examine this question here until such time as all the facts are known. We consider that it is more important to clarify the reasons underlying this incident and to take effective steps to prevent a recurrence in the future. We still do not know and nobody has explained:

1. Why the'aircraft deviated from its route;

2. Why the crew of the Boeing 747 did not comply with the signals of the interceptor; ·

3. Why the air traffic control units did not play an active part in guiding the aircraft to the correct route.

Thereafter the world community and the ICAO bodies should themselves decide who was at fault.

The world community is waiting for clear answers to the above questions from those who sent the aircraft on that route regardless of whether this would endanger the lives of innocent people. Obviously this was needed to set off a frenzied anti-Soviet campaign for a return to the cold-war years.

The restrictions imposed on Aeroflot by some countries are measures which in no way help to bring the situation back to normal; they only serve to complicate the relations between the air traffic control units of these countries, as well as here in this hall.

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As regards those who methodically draw the attention of the world community to the ending of this incident, I would like to ask them how their air traffic services· authorities would feel if an aircraft appeared in their airspace at night, without authorization and without establishing communications, and crossed their country in all directions, over­flying prohibited areas and failing to obey orders. I am not waiting for the answer, but I am convinced that the result would be undesirable.

The Delegation of the People's Republic of Bulgaria proposes:

1. The 24th Session of the ICAO Assembly should do everything possible to re­establish trust between the aviation authorities of all countries for the sake of ensuring the safety of civil aircraft.

2. All ICAO Contracting States should take concrete measures to prevent civil aircraft from violating the sovereignty of any country and ensure strict compliance with the recommendations of ICAO.

3. The Air Navigation Commission should develop and introduce new provisions in Annex 2, which take into account the progress of aviation technology, communications and navigation equipment as well as developments in air defence equipment, with a view to preventing the violation of States' airspace and permitting action to be taken that would exclude the destruction of aircraft.

We are firmly convinced that in this high international forum dealing with matters of civil aviation, reason will prevail and that it will not be permitted for our discussions to take a political direction, thus diverting the Assembly's attention away fro~ decisions of vital importance to civil aviation. We hope that,with the proposed Agenda and the recommendations which will result from the discussion,we shall take another decisive step fonqard in the development of civil aviation for the good of the nations and in the interest of peace throughout the world."

3. The Chief Delegate of Indonesia

"May I take this opportunity to bring to this Assembly the warmest greetings of the Government and people of the Republic of Indonesia, and on behalf of the Indonesian Delegation I would like to congratulate the President and the distinguished Members of the Council for the work which has been done during the past three years of its term of office.

Indonesia has benefited because of its location at the strategic crossroad for international flights between Europe and Australia, and will always take an active part in all ICAO activities and especially in the work of the Council. As one of the Members of the Chicago Convention, Indonesia was first elected to serve as a Member of the ICAO Council, Third Category. between 1962-1965 and was subsequently re-elected in the same category from 1968-1983.

~-A24..,:MIN • P /5 - 72 -

Indonesia has always supported ICAO resolutions to promote international civil aviation both because of its important geographic location within the international air navigation system and also because of its significance to the Indonesian national develop­ment programmes.

It is worthwhile to note that the Indonesian Government. has made tremendous efforts to provide 'the necessary navigational facilities and infrastructure for civil aviation. The construction of the new Jakarta International Airport at Cengkareng ·to accommodate the increasing international traffic to and through Indonesia, reflects the Government's commitment to develop civil aviation facilities; the new Jakarta International Cengkareng Airport is expected to be operational by April 1985.

Improvements,of international airport facilities, the expansion of jet domestic services to thirty-four airports throughout the twenty-seven provinces of the country, the introduction of wide-bodi.ed aircraft on domestic trunk and regional routes, and a major programme of airport upgrading and air navigation projects, indicate the importance which the Government attached to civil aviation as a means of achieving national develop­ment goals. By investing in civil aviation infrastructure, accessibility to the various islands of the Archipelago will automatically be improved. On the other hand, this will also open up the country to potential tourists, reinforcing air transport links with international communities.

On the .domestic side, Indonesian civil aviation currently is involved in the national programme of transmigration. The Government resettlement programmes aim to move people from over-populated areas such as Java and Bali, to the less populated islands such as Kalimantan, Sumatra, Sulawesi and Irian Jaya, to improve the balance between local and regional economic and social development. For this particular programme, the Government has procured nine aircraft. The advantage of air transport compared to other modes of transportation, is of speed, comfort, and the ability to land nearest the trans­migration sites.

Since the introduction of transmigration by air in 1979, the total transmi"­grants carried so far has reached approximately two and a half million people, utilizing 33,500 flying hours. This proved the significant importance of air transport in assuring the success of the national transmigration efforts. Therefore, in the next five-year development programme 1984-1989, the Government plans to transport five million people by air.

As one of the ICAO Coneracting States, Indonesia has taken great advantage of technical assistance provided by ICAO within the framework of the United Nations Develop­ment Programme. A part --of this assistance has been in the form of training civil aviation personnel. The programme has been one of the contributing factors for the development of civil aviation in our country. It should be noted that from 1979 to 1983, 2,163 students (433 annually) have graduated from the Indonesian Civil Aviation Training Centre.

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In May 1978, the Indonesian Civil Aviation Training Centre was selected by ICAO/United Nations Development Programme to conduct regional specialized advanced train­ing courses in airworthiness, avionics and helicopter maintenance. These courses have been attended by a total of 192 foreign trainees, not only from the five ASEAN Member States but also from other Asia and Pacific countries namely, Afghanistan, India; Iran, Bangladesh, Sri Lanka, Burma, Republic of Korea, Nepal, Pakistan, Fiji, Maldives and Vietnam.

ICAO/United Nations Development Programme assistance has also been involved in the implementation of the Pioneer Air Services Project in Indonesia. This project was established within the framework of the long-term development objectives of extending a network of air services to remote areas throughout the country. In order to overcome their isolation, the Government provided regular and efficient air transportation, thereby stimulating their economic activities and encouraging their participation in the national economy.

Another civil aviation contribution to the national wealth is implemented through the development of technical skills and appropriate technology. The Indonesia aircraft industry, Nurtanio, is currently in co-operation with Casa of Spain, con­structing a prototype of CN 235 aircraft with a carrying capacity of 35 to 38 passengers. This prototype aircraft was officially rolled out by the President of Indonesia on the lOth of September 1983. This event is considered as a milestone for Indonesia, since it demonstrates that Indonesia has also the ability to apply modern technology not only in the manufacturing of modern aircraft but also in the designing. For this type of aircraft, Indonesia has received orders from countries which are interested in the air­craft's short take off and landing capabilities. We believe that the development and manufacturing of the CN 235 aircraft will certainly make a major contribution in the coming years to Indonesia's technological and economic development. Thus, by establish­ing a domestic aircraft manufacturing industry, Indonesia in a way is also contributing to the achievement of ICAO's aspirations.

The downing of the civilian airliner of the Republic of Korea on September 1, 1983 has aroused shock and indignation among the Indonesian people. The Government and the people of the Republic of Indonesia join with the rest of the international community in expressing their profound sympathy and sincere condolences to the bereav.ed families of those who lost their lives, and call for a thorough investigation to provide clarity to the situation and to assure that tragedies of this kind do not occur in the future.

On this special occasion may I take the opportunity to express the profound gratitude of the Indonesian Government for the efficient and effective aid that has been provided to our country and for the responsibility which has been given to our Civil Aviation Training Centre.

In view of those activities, and the significant role of air transport for our country, Indonesia will stand for re-election on the Council of ICAO, and we would be most grateful for the support of the Delegations from the Member States.

Finally, please allow me, on behalf of my Delegation, to extend our sincere wishes for the success of this Assembly."

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4. The Chief Delegate of the Philippines

"It is a personal privilege and high honor on my part to represent my country during the 24th Session of ICAO's Assembly in Montreal from 20 September to 10 October 1983. My delegation .would like to .extend, our sincere congratulations to the President of the Council, Dr. Assad Kotaite, to Mr. Yves Lambert, Secretary General, and to the ICAO Secretariat for their excellent work in preparing the groundwork and documentation of this Assembly. We wish to express also our gratitude and appreciation to the Government of Canada, to the Province of Quebec, and to the City of Montreal for their warm hospitality in hosting this session of the Assembly.

To ICAO, we wish to convey our deepest thanks in providing to the Philippines technical assistance dating back to -1977. The aim of this ICAO project in the Philippines ·is to strengthen our country's technical and managerial capabilities in support of the considerable expansion of civil aviation currently tak~ng place in the Philippines.

The Philippines, as a Charter Member of the United Nations, joins the other members of the community of nations and the other delegates to this Assembly who have previously spoken, in expressing its deepest concern over the Korean Air Lines civilian aircraft which was destroyed on 1 September 1983 by a Sovi~t military aircraft.

Perhaps not many are aware in this august gathering of the Assembly that 25 of the 269 unfortunate passengers on board the Korean 747 were Filipino citizens or persons of Filipino origin, including women and children, who were on their way to visit the land of their birth.

The uncontested facts so far are: (a) that an unarmed aircraft of Korean Air Lines disappeared with traces of its remains now being gradually recovered in the Sea of Japan; (b) that a Soviet fighter plane fired in the direction of the ill-fated aircraft, and, (c) that aircraft went down in flames with 269 hapless and innocent victims.

The Government and the people of the Philippines, like the international community, still await satisfactory explanation of this tragedy.

All the information presented to this body and to the world by different sources indicate that this plane went down from a missile fired by a Soviet military aircraft, thus sending to their deaths 269 hapless innocent victims. We therefore join the rest of the civilized world in expressing our outrage, protest and condemnation of this wanton.act.

Aside from the loss of human lives, this incident brings to focus the accepted rule of innocent passage of commercial aircraft throughout the world, and to what extent a nation should prohibit or impose sanction and punishment on transgressions against Soviet air space. In this particular case, we submit that the penalty imposed was grossly and unjustifiably disproportionate to. the alleged offense and exacted upon innocent people.

A24-MIN. P/5

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The ICAO investigation relating to the destruction of the Korean airliner which had been approved in a resolution adopted during the Extraordinary Session of th~ Council on 16 September 1983 should include among other things, the following: the inquiry should determine what exactly happened, fully pinpoint where the responsibility lies for this unjustifiable act, demand an accounting from those responsible, as well as insure appropriate .and adequate redress for the victims. Moreover, measures should be taken to ensure that similar acts of violence are prevented or avoided in the future."

5. The Chief Delegate of Afghanistan

"The delegate of the Democratic Republic of Afghanistan has the pleasure to participate in this important 24th Session of the ICAO Assembly.

First of all, I would like to convey the best regards and warm greetings of the people and revolutionary Government of the Democratic Republic of Afghanistan to you, Mr. Chairman, and ali distinguished delegates participating in this ICAO Assembly. My Government has given high priority to the development of civil aviation in all aspects. The expenditures allocated by the Government for this purpose are evidence. It is worthy' to mention that to some extent we have provided the appropriate facilities and services which somehow meet the present civil aviation requirement. We have paid full attention to, and complied with, all ICAO established Standards, Recommendations, Procedures and Practices.

I am happy to mention that, in spite of geographical difficulties, we were able to install and maintain updated Navigational Aids along ATS Routes in the country. Afghanistan has continued its efforts to provide and maintain adequate and sufficient infrastructures for flights using our airports artd for aircraft overflying the air space of our country destined between East and West. Our co-operation and efforts in this regard will continue in future within the limits of available financial and technical resources.

Our strong desire is that the esteemed ICAO organization will con.tinue its efforts to provide more technical and economic assistance· to the developing countries, particularly to those countries which are landlocked.

I would also like to draw the attention of respected delegates of India and Pakistan to the result of the Informal Meeting held between representatives of Afghanistan, India and Pakistan under the Chairmanship of Dr. Assad Kotaite in Montreal from 8 to 9 November, 1982, regarding the establishment of ATS Route A66 between Kabul­Delhi.

As you are aware, effective December 1, 1982, our Ariana Afghan Airlines flights to/from some Western countries have be~n suspended. The ~~ju.stified emb?rgQ imposed against t.he air services of Afghanistan is against the pr·inciples and recommenda­tions of the developed and developing countries of the world and also agaiqst the principles of international co-operation. We do not recall such an embargo to be sanctioned against a commercial airline in the history of civil aviation for such a long period of

A24-MIN. P/5 - 76 -

time; We are requesting the governments of the concerned countries to please reconsider their sanction and make it possible for our airline to continue its operations to their countries.

On behalf of my Government, I would like to thank ICAO for the technical assistance provided to our revolutionary country from time to time in the past and we are hopeful this assistance will continue in the future. We promise that we will be loyal to all rules and regulations adopted by ICAO."

6. The Chief Delegate of Antigua and Barbuda

It is my honour and privilege to be present here, and to address you on the occasion of the 24th Session of the Assembly of the International Civil Aviation Organi­zation on behalf of the Government and people of Antigua and Barbuda - a small Caribbean country that attained nationhood on 1 November, 1981, and just six weeks later became the 150th Member of the International Civil Aviation Organization.

In adhering to the Convention on International Civil Aviation, my State recognized the preamble to the aims and objectives of the Organization: hence, the chagrin experienced and expressed by my Government on learning of the terrible tragedy which claimed the lives of 269 persons when a Korean flight was shot down on 1st September, 1983 by USSR military aircraft.

The loss touches us directly as a member country of the Organization of Eastern Caribbean States of which Dominica is also a Member State. A son of Dominica was aboard the civilian airliner. terrible act. We trust be a repetition of such

We commiserate with those who suffered loss, and denounce this that as a result of the work of this Assembly, there will never a tragedy.

On a different note, it is important to stress the importance of civil aviation to my country which derives much benefit from tourism; but as a small developing country we lack the necessary resources to individually develop an airline that will be substantially owned and effectively controlled by nationals. Hence, under existing cir­cumstances, we find ourselves having to rely for regular and reliable air transportation on carriers of States which must feel no real obligation to serve us faithfully in all circumstances. There are no strong cultural links or community of interest.

The Governments of the Caribbean Community countries, of which Antigua and Barbuda is one, have recognized this acute problem and at a Heads of Government Conference held in Port-of-Spain, Trinidad on 4 July, 1983, agreed that in the face of the strong economic, social and cultural links and other bonds which bind our peoples, and the lack of financial resources of individual States, every effort should be made to gain recognition for and acceptance of the principles that any Member State of the Caricom group, may designate an airline of another Caricom Member State as its carrier to operate any route rights to which it has become eligible.

A24-MIN. P/5

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At this Assembly a Resolution shall be tabled that will call on Member States of this Organization to give recognition to such designation, and we urge your support since there can be no doubt that the community of interest among countries of groups such as the Caribbean Community can be no less credible than the Bermuda principle of substantial ownership and effective control.

I would be very remiss if I did not take this opportunity to express to the Government of Canada the great gratitude of my Government for their significant assistance to us in the field of civil aviation.

Finally, my Governmentwishes to express appreciation to the International Civil Aviation Organization generally, and also to the Technical Assistance Bureau of the Organi­zation for all past assistance received. We look forward to continuing assistance as we strive to develop and promote the safety of civil aviation within our national boundaries and beyond."

7. The Chief Delegate of Bangladesh

"It is a great honour for me to speak at this 24th Session of the Assembly and to convey, on behalf of the Government of the People's· Republic of Bangladesh and my Delegation,warmest greetings to everyone present here. I also thank you, Mr. President, the Secretary General and his staff for presenting us with excellent documents which immensely helped my Delegation in effectively participating in this Conference.

Since its membership in 1973, Bangladesh has been attaching great importance to the activities of this world body and making all efforts to follow the ideals and principles of ICAO for the orderly development of civil aviation despite the fact that my country is confronted with economic strains and other problems.

In 1981 we opened Zia International Airport about twelve miles north of Dhaka City since the old airport at Tejgaon could not cater for the increased amount of air traffic. A total cost of US 62 million dollars was involved in commissioning this air­port. It is provided with all modern aids and facilities such as VOR/DME, ILS and VASI. The airport is also equipped with the facilities needed for providing efficient service. In order to ensure safety in air traffic control, the airport surveillance radar's capacity is being strengthened and the work is expected to be completed by the end of this year. Besides we are taking measures to convert two more domestic airports to international airports, at Chittagong and Sylhet. Necessary steps have already been taken with an estimated cost of US 7 million dollars to equip these two airports with modern facilities and to cater for larger aircraft. My Government has taken up plans for improving the facilities of six other domestic airports in the country for the convenience of the travelling public.

To achieve efficiency in civil aviation we have established a Civil Aviation Training Centre at Dhaka with the assistance of ICAO/UNDP. We are very grateful to the Technical Assistance Bureau for rendering support and valuable assistance in setting up the training centre. This training centre imparts training to the local recruits in the field of air traffic control , aeronautical communications, aeronautical electronics and telecommunications. At present this training centre imparts training to the local

A24-MIN. P/5 - 78 -

recruits only at the elementary and basic course level. Necessary arrangements are being made to accommodate trainees from abroad, particularly to cater for the requirements of our neighbouring countries. My Government is keen to ensure that the training provided at this centre covers all areas of civil aviation and is of high international standard.

Besides Chicago Convention of 1944, Bangladesh has ratified or acceeded to the International Air Services Transit Agreement, 1944, Tokyo Convention of 1963, The Hague Convention, 1970, Montreal Convention, 1971, the Warsaw Convention of 1929 and The Hague Protocol of 1955 amending the Warsaw Convention. Being conscious of the obligations imposed on us as a result of our adherence to various multilateral conventions on civil aviation, we have recently reorganized the civil aviation department and constituted a Civil Aviation Authority with a view to ensuring efficient service in the field of civil aviation.

Biman-Bangladesh Airlines, our flag carrier which started functioning in 1972 with only one DC-3 now owns a fleet of thirteen aircraft of different descriptions including wide-bodied ones. We are in the process of replacing older aircraft with modern fuel-efficient aircraft. Biman-Bangladesh Airlines connects through its scheduled network various cities of the three continents of Asia, Europe and Africa. Dhaka the capital city of Bangladesh is presently served by ten scheduled international carriers enjoying traffic rights. About sixty carriers, both scheduled and non-scheduled, overfly the airspace of Bangladesh on a regular basis. So far we have concluded bilateral air services agreements with nineteen countries for promotion of social, cultural and economic relations with these States through the medium of air transportation.

Bangladesh like other developing nations is striving hard to bring their facilities to the desired standard. However resource constraint is a major hindrance. The Technical Assistance Bureau of ICAO has remained constantly engaged in fulfilling the requirements of these nations by providing experts, advisers, fellowships and in procuring sophisticated equipment. We are grateful to the Organization for its efforts to bring the benefit of civil aviation to different Member States. I am confident that this Organization through its Technical Assistance Programme will continue its efforts in expanding further assistance to the developing nations.

I would like to stress here that the progress in civil aviation depends on the mutual co-operation, understanding and concerted efforts of each nation of the world.

Bangladesh, firmly committed to the principles of non-alignment, takes this opportunity to express her grief and sorrow over the loss of civilian lives on board the ill-fated South Korean Airliner downed on 1st September. Victims are not only the 269 passengers but also the truth, drowned under the waves of charges and counter charges, contentions and counter contentions. Still another victim of the incident is the objective of the ICAO Charter which among o·thers, states that ICAO will endeavour to achieve safe air transportation. Instead of further politicising the issue which is likely to compromise the basic character of this technical body, I would suggest that we address ourselves to finding ways and means for preventing recurrence of tragic incidents of this nature in future in line with the resolution of the Extraordinary Session of the Council."

A24-MIN. P/5 - 79 -

8. The Chief Delegate of the Kingdom of Belgium

"The Belgian Delegation is once again participating with great pleasure at the triennial Assembly of the International Civil Aviation Organization. In addition to our satisfaction at meeting once again with many colleagues with whom we have forged bonds of friendship during multilateral and bilateral meetings, we have a feeling of gratitude towards the International Civil Aviation Organization, which it must be stressed once again is an irreplaceable forum in our particular field.

Since our last Assembly, the Organization's various bodies, the Council, the Air Navigation Commission, the Air Transport Committee and specialized groups, without forgetting the Regional Offices, have continued to work unceasingly to ensure and maintain the safety and security of international civil aviation, without forgetting the other aspects, such as the commercial ones, of its development in a difficult economic context. It is only fair that special tribute be paid to the President of the Council, the Secretary General and their collaborators, whose sense of diplomacy, together with the competence which brnught them to their present posts, have made our Organization the envy of many.

The eyes of the whole world are turned to the activities of our Organization, which is in the forefront of current news following the tragedy involving a civil aero­plane of a Member State. The Belgiarr Government expresses its deep sympathy with the sorrow of the families so grievously affected. Because civilians can be affected in this way in peacetime, Belgium urgently calls for the adoption of all possible measures to avoid the recurrence of such a tragedy. It applauds in particular the rapid intervention of the Council, whose action it fully supports.

Largely dependent on a world to which it is open, and as an important European crossroads, Belgium is obliged by its interests and its convictions to live and survive through international co-operation. For this reason, together with the expe~ience it has gained from the very outset of international air transport, Belgium has been naturally led to collaborate fully in the working of ICAO. As early as 1947, it was a Member of the Council, from which it has been absent for brief periods only.

More recently, the trend towards association has induced Belgium to unite its efforts with those of other European countries of comparable characteristics, namely Austria, Luxemburg, Netherlands and Switzerland. Together, the five countries of this group, which are small in size, have nevertheless the ambition, which I believe is justified, to make a modest but firm contribution to a constantly moving international order. History and reality show us the important and constructive role which, without pretentions or ulterior motives, can be played· by small nations determined to contri­bute to the general welfare.

Particularly in the field of aviation, it should be recalled, as is mentioned in WP/27, that, according to ICAO figures, Austria, the Benelux countries and Switzer-land together have the third place in tonne/kilometers in the world for scheduled services,

A24-MIN. P/5 - 80 -

fo.r all international·air passenger·and air freight activities. In addition. owing to their situation in Europe, they are able to provide substantial facilities and services for international civil air navigation.

It was on this basis that in 1980, at its 23rd Session, the Assembly did us the honour to elect one of the members of our group, namely the Netherlands, to a seat on the Council. I believe the Netherlands has performed this task competently and efficiently, in close and continued collaboration with the other Member States of the Austria-Benelux-Switzerland group, in all the fields of international civil aviation within the competence of ICAO.

Today, this same group is presenting to you the candidature of Belgium to the Council, to replace the Netherlands, in Part 2 of the election of Member States. In submitting its candidature, Belgium has as its sole aim to contribute, with the assis­tance of the other members of the group and in close collaboration with the international community, to deepening and broadening the work of ICAO in the development of world civil aviation. It thanks you for your votes and in any case wishes you excellent work during this 24th Session."

9. The Chief Delegate of Chile

!'Mr. President, distinguished Delegates, ladies and gentlemen: it is an honour for me to have the opportunity to represent my country at this 24th Session of the Assembly and to address the Representatives of States and International Organizations present to whom I wish to extend my greetings and wishes for the success of our deliberations in the coming days.

The Delegation of Chile would like to express its sincere gratitude to the Authorities of the Federal Government of Canada, to the Authorities of the Provice of Quebec and of the City of Montreal for their kind hospitality and the excellent facilities offered to ensure that this Session of the Assembly takes place in the most favourable conditions.

The years which have elapsed between the 23rd Session of the Assembly and the one we are beginning today nave been marked by the efforts of the various bodies of ICAO and Representatives of Contracting States to foster and develop air transport in a safe, efficient and orderly manner.

It is recognized that the main orientation given by ICAO to its work is aimed at the future development of international civil aviation and it is because of this that we should evaluate the activities of the Council and of the subordinate bodies of the Organi­zation during this period in a positive manner.

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Chile has always acknowledged the great importance of the work done by ICAO, having been a member of the Organization since its creation and this is why we have come to this Assembly with certain suggestions intended to benefit the safety and progress of civil aviation in all its aspects.

Chile has been able to contribute actively to ICAO's work both at Headquarters, through its permanent Delegation, and in the Regional Office by attending Divisional and Regional Meetings and participating in various working groups and panels and taking a direct interest in the activities of the Latin American Civil Aviation Commission. Our continued support of the Organization is reflected also in the fact that we hosted the Seminars for Aviation Medicine (October 1980), Air Navigation Plans (November 1980) and the ATS/COM Meeting of the Southern Cone (October 1981). We shall continue our active participation also in the future since we believe that in doing so we are contributing in a definitive manner to the development and improvement of international air transport.

Our proximity to ICAO has made it possible for us to ascertain that the Organiza­tion does not have provisions to accord those Permanent Delegations in Montreal, which are not members of the Counci~ a status that would allow them to participate more actively in the Organization's technical work. It would be appropriate for ICAO to study the regulatory situation of these Permanent Delegations and the facilities offered them to perform their work, thus enabling States which, like Chile, are not represented on the Council, to express their interest in co-operating actively with the Organization.

We have been able to note that the Council is concerned about the implementa­tion of the Annexes and having examined this subject in depth, we have presented a work­ing paper which proposes that amendments to Annexes be categorized by making a distinction between those which must be applied immediately and others which could wait for a triennial applicability date.

We are also concerned about the rarticipation by States not members of the Council in the process of amending the Annexes. Once·these States have made their comments they will only be contacted again on the subject when the Council decision is sent to them for their comments on the proposed amendment. We believe that being better informed about the process by which the Standard,was produced would constitute a major incentive for States to contribute in this field.

At this Session of the Assembly, we would like to express our concern in regard to the unilateral application, by some States, of noise abatement Standards prior to the deadlines laid down in Annex 16. We consider particularly serious the attitude adopted by one airport authority which, prematurely even as far as the Standards applicable in its own country are concerned, has advanced the date for restriction of the operations of cer­tain aircraft at their airports to 1 January 1983. We consider this type of action highly inappropriate since it affects the equitable balance of international air transport and is in conflict with Resolution A23-10.

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Bearing in mind Decision 6/1 adopted by the 25th Session of the Legal Committee and Recommendation A5-2 of the 5th Assembly of the Latin American Civil Aviation Commission, we are able to inform the Assembly that we have commenced at the legislative level the ratification process for Additional Protocols 1, 2 and 3 and Protocol No. 4 of Montreal to the Warsaw Convention of 1929, and the Hague Prococol of 1955.

We should like to mention the successful convening, by ICAO, of the Meeting of Civil Aviation Authorities in Lima, in April 1983. It enabled the Directors of Civil Aviation of the SAM Region to have an exchange of view on subjects of the greatest impor­tance and highest priority at the highest level in the Region. It dealt with the fields of air navigation, training of aviation personnel and technical assistance.

The present economic crisis, which affects the entire world, has forced nations and organizations to adopt precautionary and restrictive measures in order to deal with this situation which has mainly affected countries with smaller resources, among them Chile.

We feel certain that Chile's position reflects a sentiment similar to that felt by other Member States as regards making an economic effort to ensure that ICAO can con­tinue its normal development and fulfil its tasks and objectives.

The work programme of the Organization for the coming triennium should be structured on a realistic basis to ensure that it can, in fact, be supported by States and permits the realization of the essential plans, both from an operational and develop­ment point of view.

In the past five years Chile has applied an "open skies" policy with regard to international air transport. This policy, based on free competition, contemplates freedom of tariffs and extensive freedom of participation in the market. Free competition, for its part, has contributed to a reduction in fares and rates with the resultant benefit for the users.

We have submitted a working paper concerning the simultaneous distribution of the Organization's publications. It would seem reasonable for the Assembly to examine and consider a publication policy which envisages, categorically, the simultaneous distri­bution of publications and documentation in all the working languages of the Organization in

·an effort to ensure that fair and equal opportunities exist for all users and/or recipients of such documents. Thus the obligation to publish and distribute documents simultaneously constitutes a valuable tool ensuring equality as regards a\vareness of technical, economic, administrative, legal and other questions dealt with by the Organization.

The Government of Chile has embarked on a large-scale task aimed at meeting the present and future needs of civil aviation. It involves the modernization of our principal airport Arturo Merino Benitez in Santiago de Chile.

As part of the policy to develop civil. aviation, Chile to date has replaced more than 70 per cent of the essential equipment and facilities to provide adequate services in the communications, airport security, meteorology, air traffic, navigation aids and, other fields which contribute to increasing the safety of aircraft operations in our country.

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As regards communications, we are in the initial stages of a study, undertaken jointly with ICAO consultants, for the updating of the domestic aeronautical telecommuni­cations network which includes. the installation of terminals at various airports in the country as well as an automatic message switching centre.

Although the subject to which I wi.ll turn now has been referred to by other Delegations who spoke earlier, I cannot fail to deplore the tragic circumstances surround­ing the shooting down of a commercial airliner of the Republic of Korea which resulted in one of the greatest disasters international civil aviation has experienced.

We fully endorse the decision adopted by the Council of ICAO that the causes of this grave incident be investigated without delay, we repudiate the action of those responsible and demand that these deeds be punished.

The fact that an unarmed civil aircraft was the target of such a sly attack is an affront to the universal conscience. It shows the true contempt and indifference the Soviet Union feels for the community, international law, and the Chicago Convention with its Annexes.

The Government of Chile has conveyed its sincerest condolences to the Government and people of the Republic of South Korea for this deplorable incident which deserves our strongest condemnation. My Delegation woul4 like to take this opportunity to associate itself with the expressions of sympathy addressed to the Delegates from States whose nationals died so tragically.

Finally, we should like to express our gratitude and appreciation to Dr. Kotaite for having accepted our invitation to visit Chile and making a historical trip· to the Antarctic where he visited the Meteorological Centre which Chile has installed at Teniente Marsh Aerodrome. Dr. Kotaite had an opportunity to visit the existing aeronautical and meteorological facilities there and to see for himself the results of the international co-operation in scientific research in the Antarctic.

In closing, I wish all the Delegates attending the present Sessi.on of the ICAO Assembly success in their work and would like to express the hope that the results ~ill have a positive impact on the future activities of the Organization and international civil aviation.

Together with our wishes for the success of this Assembly Session, which is proof of our renewed faith in the validity of the spirit that inspired the countries re­presented at the Chicago Conference in 1944, I would like to express our most sincere gratitude for the dedicated work - often exhausting and performed quietly - of the Presi­dent of the Council and the many different Sections of ICAO's Secretariat. My country fully appreciates the work done by them in an endeavour to give form to the objectives laid down in the preamble of our founding charter."

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10. In view of the lateness of the hour, further statements were suspended until a later meeting.

11. The Temporary President announced that the list of candidates standing for election to the Council under Parts I and II had been posted, and was available in the box of each Chief Delegate. The election under Parts I and II would take place on Saturday, 24 September, at 1000 hours.

12. The meeting adjourned at 1305 hours.

1.

2.

3.

4.

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Minutes of the Sixth Meeting

(Thursday, 22 September 1983, at 1530 hours)

SUBJECTS DISCUSSED

Election of the P'resident and Vice-Presidents of the Assembly (Agenda Item 4)

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Establishment of Commissions, Co-ordinating Committee and election of Chairmen of Commissions (Agenda Item 6)

Annual Reports of the Council to the Assembly for 1980, 1981 and 1982 and Work Programme for 1984-86, and their reference to the Executive Committee as a whole and to Commissions as necessary (Agenda Item 7)

- Presentation by the President of the Council

Statements by delegations of Contracting States and of Observers (Agenda Item 2, continued)

SUMMARY OF DISCUSSION

Agenda Item 4: Election of the President and Vice-Presidents of the Assembly

1. On behalf of the Executive Committee, the Delegate of Kenya nominated Mr. H. Raben, Chief Delegate of the Kingdom of the Netherlands, as President of the Ass.embly. Having just made a similar proposal in the Executive Committee, he found it unnecessary to reiterate Mr. Raben's suitability for discharging the functions of this office.

2. The proposal was approved unanimously, whereupon the Temporary President declared Mr. Raben elected and invited him to take the chair.

3. Mr. Raben thanked the Assembly as a whole for the honour it bestowed on himself and his country in electing him President of this Assembly and to the Delegate of Kenya in particular for having made the nomination. He recognized that there.were some very difficult questions to be dealt with on the Assembly's Agenda and looked forward to discharging the responsibilities entrusted to him to the best of his abilities. He was sure that he could rely on the contribution and co-operation of all present to ensure a successful Assembly.

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4. At the request of the President, the Delegate of Venezuela then presented the Executive Committee's nominations for Vice-Presidents:

First Vice-President: Second Vice-President: Third Vice-President\ Fourth Vice-President:

Mr. M.M. Kohli, Chief Delegate of India Mr. G.A. Nwanze, Chief Delegate of Nigeria Mr. J. Garland, Chief Delegate of Peru Mr. M. Zylicz, Chief Delegate of Poland

5. The nominations were accepted unanimously and the four Vice-Presidents thanked the Assembly, and the individual delegates who had nominated them, for the honour accorded to them and their countries.

Agenda Item 6: Establishment of Commissions, Co-ordinating Committee and election of Chairmen of Commissions

Election of Chairmen of Commissions

6. On behalf of the Executive Committee, the Delegate of Italy presented the nominations for Chairmen of Commissions:

Technical Commission: Economic Commission: Legal Commission: Administrative

Commission:

Mr. J. P~rez of the Mexican Delegation Mr. D. Diop of the Senegalese Delegation Dr. G.F. FitzGerald of the Canadian Delegation Mr. Lim Hock San of the Delegation of Singapore

7. These nominations were also unanimously accepted, followed by expressions of thanks and appreciation by the Chairmen for the honour bestowed upon them and their countries and for the confidence placed in them by the Assembly. which they would endeavour to justify. The nomination for Chairman of the Legal Commission was accepted on behalf of Dr. FitzGerald by a fellow Member of the Canadian Delegation who viewed this gesture as a gracious and fitting recognition of Dr. FitzGerald's long and distinguished career in air law and his association with ICAO.

Agenda Item 7: Annual Reports of the Council to the Assembly for 1980, 1981 and 1982 and Work Programme for 1984-86, and their reference to the Executive Committee as a whole and to Commissions as necessary

8. At the President's request, the President of the Council,. Dr. Assad Kotaite, then presented the Annual Reports of the Council to the Assembly for 1980, 1981 and 1982 stating as follows:

"I have the honour to present on behalf of the Council its Reports for the years 1980, 1981, 1982 and a Supplementary Report for the first Six months of 1983. The mem~er­ship of ICAO has increased to 151 from 146 at the last Session of th: Assembly and r_wlsh to extend our warmest welcome to the new members of ICAO which are, ln the chronologlcal order of their adherence: ·zimbabwe; Kiribati; Grenada; Antigua and Barbuda; and Vanuatu.

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Air Transport

Over the last three years world air transport has shown only modest growth in traffic compared with the preceding three-year period. Nevertheless, the performance of the air transport industry during the recent recession compares very favourably with that of most other industries. Over the triennium 1979-1982 the volume of airline traffic increased by about 9 per cent while industrial production declined by 5 per cent and total exports increased by 5 per cent. During the three years world consumer prices increased by 42 per cent whereas the average price of air transport rose by 23 per cent.

In 1982 some 750 million passengers were carried on the scheduled air services of ICAO States, about the same number as in 1979. However, passenger-kilometres flown went up by about 8 per cent and total tonne-kilometres by 9 per cent. Most of this growth was achieved in international traffic which now accounts for more than 50 per cent of the total world scheduled traffic.

Among the airlines of different regions, those of Asia and the Pacific recorded the fastest growth of international traffic. Between 1981 and 1982 their traffic growth was 9 per cent while the growth for European airlines was only 2 per cent and the air­lines of North America experienced a decline of about 2 per cent. Over the last ten years the share of total international traffic carried_by airlines based in Europe and North America declined from about 71 per cent to 57 per cent while the share of Asian and Pacific carriers increased from 15 per cent to 26 per cent. Other regions, the African, Middle East and Latin American and Carribean, accounted for a moderately increased share from 14 to 17 per cent.

The role of international non-scheduled passenger traffic compared with scheduled traffic differs very much from one region to another. In Europe the volume of this traffic remained greater than the volume of international scheduled passenger traffic throughout the triennium. In other important markets, notably the North Atlantic, the demand for non-scheduled services continued to decline in 1980 and 1981 due to the wide availability of low discount fares on scheduled services. However, in 1982 this trend was broken as total non-scheduled traffic increased by 13 per cent to reach a level of 18 per cent of all international passenger traffic.

In 1981 the numbers of fatal accidents and fatalities in scheduled operations were the lowest ever recorded. Although in 1982 the number of accidents and fatalities increased, the fatality rate in relation to the number of passenger-kilometres flown was one of the lowest on record. In non-scheduled operations with large aircraft, there were only two fatal accidents in 1982.

Financially, the last three years have been very difficult for the airline industry. Both in 1980 and 1981 overall operating losses of about 0.7 per cent of revenues were recorded and it is estimated that again in 1982, the industry as a whole had a marginal loss. While the present financial picture is far from satisfactory, the industry's ability to counter crippling fuel price increases and the severe economic recession is however a sign of strong viability and a reason for great faith in the future.

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Concern about the economic difficulties for the air transport industry and the continuing need to develop efficient air services has prompted a number of States to review their air transport policies. At the same time much more flexibility has been introduced in the international co-ordination of tariffs by airlines. As a result of these trends the regulatory and competitive environment has changed significantly in many parts of the world. Against this background and in accordance with ICAO's objective of greater multilateral co-operation in the regulation of international air services and the establish­ment of air tariffs, the Council has vigorously pursued the studies of these matters as directed by previous sessions of the Assembly. Separate reports on these subjects are presented to this Session which has the opportunity to give any new directives.

In order that governments may adequately fulfil their role in the development of international air transport, ICAO provides assistance to States through various means. To serve as a general basis for planning and policy development in States, the Organization makes available a broad range of international air transport statistics. Various economic studies are issued periodically analysing air transport developments and problems, and new and revised air transport manuals are being developed as required. Finally, seminars and workshop meetings are held in the regions on a rotating basis to give the States an oppor­tunity to discuss and solve practical problems in such fields as airport and route facility management, facilitation, forecasting and economic planning, the establishment of fares and rates, and statistics.

Air Navigation

Turning now to air navigation, the field in which ICAO continues to vigorously pursue its objective of safety of flight, there has been a growing recognition of a need to focus attention and efforts on quantitative and qualitative implementation of. the facilities and services required by international civil aviation, and of the current regulatory provisions, rather than concentrating on further refinement of such regulatory provisions.

To that end the Council completed a study on improvement of services rendered to States by Regional Offices. The measures resulting from the study will be progressively introduced to the extent available that funds permit. Also in the context of improved imple­mentation, workshops and seminars were arranged during the triennium on subjects covering accident prevention, aerodrome maintenance, aeronautical information services, airport emergency planning, air traffic services, aviation medicine, aviation security, bird hazards to aircraft, fuel conservation, meteorology, and instrument flight procedures design. Interest has remained high in this type of implementation assistance and it will be continued as a high priority activity of the Organization. In addition, a special joint programme involving the Air Navigation and Technical Assistance Bureaux was launched to develop and improve technical guidance material which is useful to States in implementation programmes.

Further, some fifty meetings on regional air navigation matters and other technical meetings were convened to keep air navigation plans abreast of developments and to upgrade the Standards, Recommended Practices and Procedures governing international civil aviation.

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Some of the highlights in air navigation activities during the triennium follow:

In the environmental area, the Council made a delineation between a new edition of Annex 16 entitled, Environmental Protection, Volume I, which deals with aircraft noise and Volume II which addresses aircraft engine emissions.

The Communications Divisional Meeting, held in April 1981 exchanged views on collision avoidance systems and set the stage for panel activity which is now under way on that subject. It also developed Standards and Recommended Practices for the angle guidance elements of the Microwave Landing System (MLS), made interim arrangements ~or the Distance Measuring Equipment used in conjunction with MLS, and updated the ILS}MLS transition plan. It also conclud~d preparations for the international civil aviation community's participation in the International Telecommunication Union's World Aministra­tive Radio Conference for Mobile Telecommunications (1983).

Also in 1981, a meeting of the Aerodromes, Air Routes and Ground Aids Division was convened. The meeting updated the reference code used for interrelating the specifi­cations for aerodrome physical characteristics, and proposed a new .two-part code: one for runways and the other for taxiway and apron-related facilities. Specifications were also developed in other areas.

A Communications/Meteorology Divisional Meeting was held in 1982, conjointly with the Commission for Aeronautical Meteorology of the World Meteorological Organization. The meeting developed principles for the planning of the future aeronautical fixed service network and recommended the establishment of an ICAO body to coordinate the planning of the network on a world-wide basis. A new world area forecast system was developed by the meeting, based on the centralized production of forecasts for aviation in digital form at two world area forecast centres, and a number of regional area forecast centres.

Council's consideration of the report of the Aviation Review Committee of the AEROSAT Council led it to believe that planning in the longer term was now required for the use of technologically advanced systems, including satellites, in the field of air navigation. To that end it intends to establish a Special Technical Committee, working under the direction of the Council. The task of this Committee will be to study technical, operational, institutional, and economic questions relating to future potential air navigation systems; to identify and assess new concepts and new technology, including satellite technology, which may have future benefits for the development of international civil aviation; and to make recommendations thereon for an overall long-term projection for the co-ordinated evolutionary development of air navigation for international civil aviation over a period of the order of twenty-five years. I expect great benefits to accrue to international civil aviation from this Council initiative.

Returning to the more immediate future, the trial application of the new regional planning procedures in the European Region has gone forward successfully. The trial period will be completed towards the end of 1984. Trial results will then be sub­mitted to States for assessment and further measures will flow from that evaluation.

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One further regional air navigation planning group - namely the AFI Planning and Implementation Regional Group (APIRG), was formed and held two meetings.

In the context of regional planning processes, it is also worthwhile noting Council's efforts to streamline the organization, agenda and structure of full scale regional air navigation meetings and shorten their duration. The new concept was applied for the first time at the Second ASIA/PAC RAN Meeting in Singapore last January and will also be used for the Third Middle East RAN Meeting in 1984. Council will then evaluate the experience gained at these two meetings.

The planning for the establishment of a new ICAO Regional Office for Eastern Africa in accordance with Assembly Resolution A23-6 is ·over. The Office will open its doors in Nairobi on 1 December this year.

Airspace capacity improvement is a constant preoccupation of States and the Organization, and many a small battle has been won on that front through reduction in separation minima and re-organization of ATS routes. Here I shall only mention the establishment in Pacific oceanic airspace of track systems permitting the use of composite separation, and the establishment ·and progressive introduction in Europe of an air traffic flow management service, as well as international transit routes.

The triennium will_see only two formal regional air navigation meetings, of which only one has so far been held. That was the Second Asia/Pacific RAN meeting in Singapore. The other is the Limited CAR/SAM (COM/MET) RAN Meeting, which will convene here in Montreal on 1 November this year.

It is worth mentioning that extracurricular consultations, at ASIA/PAC/2, which I have already mentioned, between the parties concerned and me led to the implementation on 4 August this year of a considerably shortened route between China and Japan, anchored on Shanghai in China and Fukue in Japan.

ICAO's role in the field of contingency measures for application in the event of disruptions of air traffic services and related supporting services continued both in response to actual world developments and in terms of preparation of guidelines for States and ICAO in accordance with Assembly Resolution A23-12. States and international organi­zations have been consulted on a set of draft guidelines and I have every expectation that a final version will be approved by the Council in the first half of 1984.

At its Extraordinary Session on 15 and 16 September 1983, the Council considered the request, presented by the Republic of Korea and by Canada, regarding the tragic inci­dent which occurred on 1 September 1983 to Korean Airlines flight 007 and adopted a resolution which directs the Secretary General to institute an investigation to determine the facts and technical aspects relating to the flight and destruction of the aircraft and to provide an interim report to the Council within thirty days of the adoption of the resolution and a complete report during the llOth Session of the Council. The resolution urges all parties to co-operate fully in the investigation.

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The Council also decided to include in its work programme and examine with the highest priority the question of an amendment to the Convention on International Civil Aviation to provide for an undertaking to abstain from recourse to. the use of force against civil aircraft and to convene before the end of the first quarter of 1984 an Extraordinary Session of the Assembly to examine and adopt that amendment.

The Council also requested the Air Navigation Commission to review all the relevant provisions and international standards and their implementation and to report to the Council as soon as possible and, in any case, before 16 December 1983; meanwhile all Contracting States are to be requested to forward to the Secretariat· as soon as possible their comments on the subject.

Technical Assistance

Whatever the disparity between nations·, the promise common to them all is in the development of their resources. The current world economic crisis has made increasingly apparent our global interdependence. The developing nations have been made further aware of the crucial importance of strengthening of their own capacities for productive growth. That strengthening process must be realized in the development of their resources, in the formation of and training in those technical and managerial skills essential to becoming vigorous, self-directing partners in a global community.

For the first time in more than a decade, the ,>Technical Assistance Programme has ceased to grow at the dramatic rate we all witnesseJVduring the 1970s. · Implementa­tion in 1980 was $53.4 million and in 1981 $63.2 million, but in 1982 rose to only $64.8 million, an increase of 2 1/2 per cent over the previous year. When inflation is taken into consideration, it is easy to see that in real monetary terms the 1982 results were not higher than 1981's, but lower.

The reason for this slowdown is the economic recession throughout the world during the past two or three years. That recession has caused many donor countries to look hard at their budgets, and one of the first items to be cut - or frozen .at the same level - has been contributions to multilateral assistance organizations such as the United Nations Development Programme, UNDP.

The largest single support of ICAO's technical assistance has always been UNDP. As recently as 1979, 73 per cent of all funds we spent on technical assistance came from UNDP. Last year that figure had declined to 56 per cent; the reason being that UNDP's own funds have decreased for two successive years. The UNDP Governing Council had hoped to receive from donor States about $5 billion during the 1982-86 period. In fact, they now expect to receive only $2.75 pillion over that period, a fall of 45 per cent below their target figure. So they have less money to spend on technical assistance, and ICAO's share has declined accordingly, although by no· means as much as 45 per cent~

Why, then, has our Technical Assistance Programme not fallen as sharply as UNDP's? Because other sources of funding have increased over the past triennium. Trust . funds - the money States spend with ICAO as executing agency - increased from about $11 million

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in 1979 to $26 million in 1982. Cost-sharing, by which developing countries add their own funds to those contributed by UNDP, has risen from $3.5 million in 1979 to $5.8 million last year. These are healthy developments which have kept our Technical Assistance Programme alive while UNDP was struggling to maintain its existence.

So, pursuant to Assembly Resolution A23-8, we are actively seeking to expand the resource base of our Technical Assistance Programme. Over the past eighteen months we have been in personal contact with almost twenty donor governments and multilateral funds, among them the European Economic Community (EEC), and the regional development banks. The results of our efforts to date have been both encouraging and discouraging. Encouraging in the sense that certain important multilateral funds have seen the merit of working with ICAO in civil aviation development, and may be ready to conclude agreements with us to that effect; discouraging because the same positive reaction has not yet been manifested by major bilateral funding sources, a number of whom seem to regard civil aviation as an activity which has little impact on development. We know this is not so, as did the 23rd Session of the Assembly, which in Resolution A23-8 urged Contracting States with bilateral or other government-sponsored aid programmes to consider working with ICAO to promote civil aviation development.

Another Assembly Resolution, Al6-7, requests Contracting States to make volun­tary contributions to ICAO, to be used on behalf of civil aviation in developing countries. Since that Resolution was adopted in 1968, very few States have made such contributions. I would hope that an Organization with 151 Member States could do more to assist those whose needs are great, through the medium of Al6-7.

Help from this source, or from donor institutions, is urgently required if the ICAO Technical Assistance Programme is not to lose its effectiveness. The Programme has already declined in absolute }f·not in monetary terms, and what is projected in the size of the programme by the end of the next triennium will not even equal the 1981 programme, in terms of the real assistance it will provide to developing nations.

One of the chief reasons why the Technical Assistance Programme has not actually declined in monetary terms is because of our Planning Mission Programme. Our planning missions have identified tremendous needs for continuing improvement to civil aviation throughout the developing world, improvements which would not only accelerate economic and social progress but would also strengthen the implementation of the Regional Air Navigation Plans.

We intend to repeat the Planning Mission Programme on a wide scale during the next triennium. This time, we shall try to coordinate our planning with donor governments and multilateral funds - those institutions we have come to know much better in the recent past - so that proposals we may formulate will receive a sympathetic hearing from those important funding sources.

What, specifically, has the Technical Assistance Programme provided over the past three years? The number of experts on duty in the field has increased from 347 at the end of 1979 to 411 at the end of last year .. Fellowships, which had reached a

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figure of 1,055 awarded in 1979, fell to 1,014 last year, but during the triennium hit a new high of 1,356 awards in 1980. And so far this year, 65 per cent of fellowships awarded have been to training institutions within the developing world itself. Huch­needed civil aviation and training equipment has been supplied, too. In 1979, our programme spent $11.4 million on this category; last year, the figure was $16.6 million.

Assistance through large-scale projects - those valued at least at $500 000 -also continued strong. During the 1978-80 triennium, fifty-five such projects were approved; during the triennium just past the number was seventy.

Training is our principal activity in technical assistance, because we know that the development of national skills in civil aviation is the only way in which the developing world can become self-reliant in this vital sector. It is therefore a pleasure to report that during the past triennium five new national training institu­tions and two new regional institutions were established with our help; three national training centres and seven regional ones were expanded during that period. Our efforts to further expand training capabilities in the developing world will continue.

Another important development has been an increased emphasis on the evaluation of our Technical Assistance Programme. Evaluation is an activity which has high priority today within the United Nations system. An evaluation facility has been created within the Technical Assistance Bureau of ICAO and should become operational within the near future. Heanwhile, working with UNDP, we have carried out at least a dozen in-depth evaluations of significant projects, in order to measure the quality of ICAO's co-opera­tion with governments and the effectiveness of individual projects in contributing to economic and social development.

We have no intention of drifting with the tide in this time of economic uncer­tainty; we intend to continue to take, as we have already taken, positive action to ensure that the needs of developing countries for assistance to civil aviation will be met. ICAO will not relax its efforts,- but we need and count upon the co~operation of governments­donor and recipient alike - to make it possible for us to play an enhanced role in civil aviation development, to the benefit of the countries we serve. This is ICAO's policy ... and with your help I am confident it will succeed .•

Legal Activities

The work of the Organization in the legal field during the three years under review was marked by the decision of the last Session of the Assembly in 1980 which pro­foundly reviewed the General Work of the Organization in the legal field. The Assembly, wished that the programme in the legal field be streamlined, simplified and made respon­sive to the practical needs of international civil aviation in the 1980s; it was deter­mined that the work programme should not contain items which were of limited practical importance or which were unlikely to lead to a wide international consensus in the form of international agreements.

The last Assembly established a test which is to be met by any subject to justify its plac·ement on the General Work Programme of the Legal Committee of ICAO: the problem is to be of sufficient magnitude and practical importance requiring an urgent international action.

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During the past three years the Council worked towards the implementation of a review of the work programme as directed by the Assembly; at the same time the Council monitored the legal work of the different bodies in the United Nations and other inter­national organizations - in particular the work for the Third United Nations Conference on the Law of the Sea and of the United Nations Committee on the Peaceful Uses of Outer Space.

As a result of its deliberations the Legal Committee, during its 25th .Session in Montreal in April of 1983, confined its work programme to only three items in the following order of priority:

items.

1) United Nations Convention on the Law of the Sea - implications, if any, for the application of the Chicago Convention, its Annexes and other international air law instruments;

2) Liability of Air Traffic Control Agencies; and

3) Study of the Instruments of the "Warsaw System".

The Secretary General is to prepare analytical studies with regard to these

The system of the Warsaw Convention on liability in international carriage by air marked the 50th anniversary of its entry into force in February of this year. The updating of this system, which has served the international community well, ·is essential to reflect the technical, economic and social realities of modern air transport; almost two decades in the legal work of the Organization have been devoted to the improvement of this codification of private international air law to provide protection to international air passengers and shippers; however, the Montreal Protocols of 1975 are not yet in force; the 25th Session of the Legal Committee in April 1983 therefore strongly urged all Member States of the Organization to ratify these Protocols as soon as possible.

The Organization has to continue to monitor the work of the United Nations Committee on the peaceful uses of outer space, in particular the discussions relating to the definition and/or delimitation of outer space and outer space activities and be pre­pared, if necessary, to state the positjon on all space-related civil aviation matters.

Aviation Security

The Organization, its Council and the Committee on Unlawful Interference devoted considerable attention and time to problems of aviation security and to problems of unlaw­ful interference with civil aviation. The focus of attention was Assembly Resolutions A22-16, A23-22 and Annex 17. While diminishing in overall number, the threat of terrorist acts and seizure of aircraft presents a continuing danger for the safety, regularity and efficiency of international air transport and calls for the continued vigilance of the Organization and of its member States. It is of continuing importance that all States become parties to the Tokyo (1963), the Hague (1970) and Montreal ·(1971) Conventions

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which were concluded under the auspices of the Organization and which represent an import­ant element in the overall response of ICAO Member States to the threat of violent acts against the safety of civil aviation. It is gratifying to note that these Conventions now belong to the most widely accepted instruments of international law and. have contri­buted significantly to the security of international aviation. It is essential now to achieve an absolute universality of these Conventions and their strict implementation by States in their national legislation and judicial practice.

The Council is presenting a detailed report on its actions for the implementa­tion of Assembly Resolutions A22-16 and A23-22; a new edition of the Aviation Security Manual has been published for the guidance of States. Again, as at the last Session of the Assembly, I express the hope that the next triennium will ,see effective co-operation of all States towards the final eradication of unlawful interference and other dangers to international civil aviation.

With respect to other work in the legal field, it should be mentioned that in the period under review the Organization concluded Agreements on Privileges and Immuni­ties with the Host States of ICAO Regional Offices in Nairobi and in Paris.

Financial Matters

Financial operations under the Regular Programme of the Organization during the past three years have been satisfactory. This period has been marked by significant wage and price increases resulting from inflationary pressures, which, while mitigated to some extent by exchange rate variations favourable to the Organization, have raised the budget to a new level in dollar terms. This has had to be taken into account in preparing the estimates for the coming triennium, 1984 to 1986.

Increases in this budget, in dollar terms, are exclusively related to past inflation and to anticipated future inflation. In fact the Council, recognizing the present difficult world economic situation, has endeavoured to contain the Organization's expenditure requirements for the next triennium to the lowest level compatible with the goals and aims of the Organization's Work Programme for that period. It has, through intensive scrutiny of the Budget Estimates by its subordinate bodies, been able to arrive at a budget which, after discounting the effects of inflation, represents a saving in real terms when.compared with the budget for the present triennium.

Economies are being sought through a process of modernization and rationaliza­tion of operating procedures and through concentrating the Organization's efforts on high priority activities.

As a result of this.process, the Budget Estimates propose that the staffing re­quirement for the newly established Eastern African Office and for the proposed strengthen­ing of the advisory and implementation capabilities of the other Regional Offices, will be met from within the existing establishment level .. No increase in establishment numbers is envisaged for the next triennium.

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Similarly, the additional operating costs of the Eastern African Office are to be found from compensating savings without increasing the budget further.

In view of the increasing monetary level of the Budget Estimates and the cash difficulties experienced by the Organization in recent years, the Council is recommending that the level of the Working Capital Fund be increased from the present level of $1.5 million to a new level of $3 million and that the Secretary General's borrowing authority be raised from $500 000 to $2 million. The additional assessments of $1.5 million re­quired to raise the level of the Working Capital Fund will be offset in part (for the majority of States) by credits from surpluses resulting from the Council's recommendation to dispose of $400 000 from the balance of net realized surplus as credits to Contracting States to be applied to advances due to the Working Capital Fund.

The Budget Estimates for 1984, 1985 and 1986 are being presented in the same form as that presented to the Assembly in 1980.

As the financial operations of the Organization are crucially dependent upon the timely payment of assessments, States are reminded that assessments become due and payable as of the first day of the financial year to which they relate. Those States which are in arrears are urged to make payment of such arrears as soon as possible.

Conclusion

As a member of the United Nations family, ICAO has continued to contribute to the work of the United Nations system by participating in the meetings of the Administra­tive Committee on Co-ordination, the meetings of the Economic and Social Council, other relevant inter-agency meetings and by working in close co-operation with other inter­national organizations of the United Nations system directly interested in specific aspects of civil aviation.

ICAO has also continued to work closely in co-operation with other inter-govern­mental and non-governmental organizations in civil aviation fields of mutual interest.

In presenting the Annual Reports of the Council, I have highlighted the main activities of the Organization in the past triennium. The difficulties in the air trans­port industry, the safety and security of international civil aviation, our assistance to the developing countries, international conventions established or to be established by ICAO; all of these will continue to be of paramount importance in our future activi­ties. The Work Programme of ICAO for 1984-1986, and the Budget Estimates reflect the concern of all States that the maximum level of economy be exercised in these difficult times. Nevertheless, I believe that the Programme will be adequate to permit the Organi­zation's work to respond to your real needs and aspirations.

At this Assembly Session, you will elect the Council and you will establish the policies of the Organization for the next triennium.

I am confident that what we have achieved so far is the groundwork for a challenging future."

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Agenda Item 2: Statements by Delegations of Contracting States and of Observers

9. The President then indicated that statements under Agenda Item 2 would resume and the Delegations of Cuba, Cyprus, Czechoslovak Socialist Republic and Ecuador addressed the Assembly as follows:

10. The Chief Delegate of Cuba

"The Cuban Delegation offers you the full support and co-operation you require for this Session to be successful. At the same time we would like to expres; our congratulations in particular to the group of developing countries which have adhered to the Chicago Convention since 1980, which is a manifestation of these countries' interest in the development of international civil aviation.

From 1980 to the present date, our country has expended great energy on modernizing and extending the aeronautical facilities at our national airports. Likewise, it has modernized the equipment of its fleet of aircraft to cover routes on both national and international flights. In the present decade, we propose to build a new international airport at Havana, with all the facilities for greater efficiency in civil aviation.

Furthermore, aerial work for the benefit of the economy is constantly on the increase throughout our territory, both for seeding and fumigation, as well as for fire-fighting.

In the framework of aeronautical ,co-operation with other States, our Government has for some years been providing assistance to Grenada, where Cuban workers and technicians are building the new international airport of Saint Georges, which will open this country to trade and tourism. This international activity indicates the possibilities provided by co-operation between developing countries.

During the period since the 23rd Session of the ICAO Assembly, Cuba has signed bilateral agreements with Grenada, Mozambique, Madagascar, Tanzania, Ghana, Yugoslavia and Suriname, as well as an administrative agreement with France, which have allowed new routes for Cubana de Aviaci6n to be opened to many of these States.

The acts involving aircraft unlawfully seized in recent months anu flown to destinations in our country from the United States have, in spite of

their effect on normal aeronautical operations, received adequate attention from our authorities.

At the end of the 60's and the beginning of the 70's, there was a substantial increase in the number of aircraft of United States airlines and of airlines of other Latin American countries hijacked to Cuba. As mentioned on numerous occasions, the encouragement, incitement and approval that the United States Administration initially offered this ty~e of activity performed by the enemies of Cuba, turned against their own country, when these practices began to be carried out by United States citizens and those of other origins against United States aircraft. The irresponsiblity of the United States authorities in encouraging the seizure of Cuban aircraft and ships, and welcoming those responsible as heroes in that country, was therefore the historical origin of such actions.

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The Republic of Cuba has spoken out and consistently acted against acts of terrorism and violence in sea and air transport. Its position is clearly outlined in Law 1226 of 16 September 1969, reiterated in different statements by our leaders and incorporated in the Penal Code among the serious crimes (Article 125). In practice, the invariable policy has been to clear the return of aircraft or marine vessels forceably brought to the national territory, to their place of destination and to enable passengers and crew to continue their journey as soon as possible with the maximum guarantee of safety for their lives.

Under the above-mentioned Law 1226 of 1969, the Government of Cuba subscribed to agreements with various countries in the area, including the United States, with which it signed an agreement against seizure of sea and air craft on 15 February 1973, which it was necessary to denounce owing to the repeated violations of its provisions by the said Government.

Nevertheless, Cuba has continued at all times to treat this type of act strictly and rigorously and has maintained a consistent policy in this regard. Up until May of the present year, twenty-one craft have been hijacked from the United States to our country. Those responsible for these acts were seriously punished by the Cuban courts in accordance with the type and degree of danger of their acts.

The above-mentioned data and information, Mr. President, are an expression of the clear and consistent position of the Government of the Republic of Cuba against aircraft hijackers.

We are sure that, as in the case of other previous Sessions, this Assembly will be fruitful and will make its contribution to the development of international air transport in various aspects of its activity. T~is event brings us together periodically every three years and States attend bringing with them all they can to promote technical progress in civil aviation.

On this occasion, the Cuban Delegation is attending with this objective in mind as it did on previous occasions. It is my intention that our proceedings should have a constructive outcome and it is in this context that the present declaration is made. "

ll. The Chief Delegate of Cyprus

11 Lt is my honour and privilege to address this 24th General Assembly of ICAO and to convey my Government's warmest greetings and sincere wishes for a successful meeting.

We specially welcome the Delegations of Zimbabwe, Kiribati, Grenada, and Antigua and Barbuda whose Governments have joined ICAO since our last gathering here in 1980 and extend to them the hand of friendship.

I am sure that I reflect the feelings of all the delegations in conveying our greetings to the City of Montreal, the Province of Quebec and the Government of Canada whose representatives honoured us with their presence here the day before yester­day.

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Two hundred years ago, by the Treaty of Versailles of 1783, Nova Scotia, Newfoundland and Canada as we practically know it today, were formed as "British North America"; now these very territories constitute the second largest country in the world and the host country of the Headquarters of the International Civil Aviation Organization.

In the very same year and not far from Versailles, something else also of great importance to aviation took place; this was the method by which man first fulfilled his desire to become airborne, preceding heavier-than-air flight, by more than a century, man's dream recorded in mythology was accomplished in a balloon, when man for the first time achieved sustained flight, covering a distance of 5 1/2 miles/8.9 km in twenty-five minutes.

During this year's bicentennial celebrations in. France on the 27th May 1983 of the conquest of air and space, and commemorating the unmanned balloon flights by Etienne and Joseph de Montgolfier and the feat of Pilatre de Rozier and the Marquis d'Arlandes, which took place on the 21st November 1783, the internationally famous balloonist Maxie Anderson (an old friend) and his companion lost their lives while flying a balloon between France and Germany.

No comparison can be really made between the stark simplicity of the first paper and cloth balloon deriving its lift from the burning of some bundles of straw on the ground and with the encapsulated hot air manage to cover a distance of 8.9 km. and the sophistication of equipment and capabilities of present-day balloons; the differences are tremendous.

The balloons indeed were very different. Nevertheless, they were still balloons. The things though that have not changed in these 200 years are the.four ele­ments as we commonly call them earth, water, air and fire.

Canada is the same land mass that it was in 1783 and to my knowledge there is no record that it has shrunk or expanded perceptibly during the last 200 years. The clear water of its numerous lakes and rivers is the same except for a certain amount of man-made pollution that regrettably can be traced in them.

Fire is fire whether from burning twigs and straw or bottled butane gas under pr€ssure, and the air and its properties are the same and its effects on. balloons and heavier-than-air craft has not changed at all and will continue to be the same while the earth spins around its axis.

We can say with certainty that this essence of the immutability of the elements is what man has always tried to emulate in his continued battle for progress in an orderly manner, so that, at any time of conflict and doubt a common covenant based on sound knowledge, order, and understanding can prevail.

The ICAO Convention is such a set of rules, under which we are bound with each other and by its covenant provision we are expected to act accordingly, either as indi­vidual States.or collectively as a body.

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It is significant and to the credit of those who drafted it, and to those who have subsequently adhered to it, that in the thirty-nine years of its ex1stence, the amendments that have been made to the Convention are minimal and of an administrative nature as this was necessary to make it more universal in its scope and application as membership of the Organization increased.

Under the Convention we must function as one body which is made of many members and if any one member suffers it is natural that the whole body suffers, much more so when the wounds are self-inflicted. It is therefore to be expected that the cures must be found in concert and they must be found quickly if we are to remain virile and healthy.

As you very well know, Mr. President, we have found it necessary on a number of occasions to invoke the provisions of the Convention and its Annexes in our appeals to you since the invasion and occupation of the northern part of Cyprus in July 1974 and I am afraid that we have on occasion been blamed of giving the impression to Head­quarters staff, Council Members and some Governments and airlines that we suffer from a typical and chronic ailment of what Oliver Wendell Holmes in his The Chambered Nautilus described as:

"The axis of the earth sticks out visibly through the centre of each and every town and city."

We in Cyprus use an old country proverb to describe such a situation by referr­ing to a part of the anatomy of the human body which is usually covered under several layers of clothing, and say in such cases that "they think they are the navel of the earth".

Well, I can assure you all that we do not think that Cyprus is the navel of the earth, though we are quite a tiny spot on the Globe. Neither do we for a moment dare to imagine that· the axis of the world ·is visible in the centre of Nicosia Cyprus as all our navigation would have gone awry.

But we all know that we should revolve around another axis, that of the ICAO Convention and it would then be proper for that axis to be visible through the centre of every city of every Member State.

Furthermore, we know, and all the aviation world should know, that Nicosia FIR is an ICAO-established and approved Flight Information Region with defined and inter­nationally recognized boundaries and has been assigned specific responsib1lities towards the aviation community which the Government of Cyprus is fulfilling to the best of its abilities and at the highest possible level of ~rofessional efficiency.

Nicosia has a responsibility to provide a service within that FIR and for the last eight years it is constantly being hampered by an illegal station, the so-called "Ercan" operating in the occupied part of Cyprus within the Nicosia FIR (and I regret to say, this illegal station is aided and abetted by a Member State signatory· of the Con­vention) and on numerous occasions this illegal Station has countermanded instructions and clearances issued by Nicosia. This unlawful, dangerous interference has reached, of late, such proportions that airlines are seriously considering lengthy diversions with severe fuel penalties in their effort to completely by-pass that part of the EUR/MID interface.

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We will do everything in our power to thwart this disruption of the flow of traffic through the Nicosia FIR and the unilateral usurpation of part of the Nicosia FIR.

We, the international community, cannot afford to ignore any longer the opera­tion of this illegal station and treat it as a case of lack of elementary decency and decorum by a Member State, when it is a case of the most flagrant violation of inter­national procedures and practices, tantamount to wilful misconduct, jeopardizing the safety of civil aviation along internationally established routes.

No one should be allowed to continue flouting the authority of ICAO and con­tinue violating the Convention with impunity and complete disregard of international procedures and practices.

If we sound pedantic in our frequent arid repeated invocations based on the Convention, it is because we have no other weapon in our hands to combat this dangerous and unprecedented situation that has lasted for almost ten years and has plagued Air Traffic Control in the Eastern Mediterranean Region and if anything, it is taking greater proportions with further deterioration portending disaster.

We are grateful to the President of the Counc·il, the Secretary General and the Council of ICAO and look forward to their continued interest, understanding and support in our efforts to combat this artificially-created problem on top of all other problems that beset the civil aviation community in general as well as Cyprus in particular.

We would like to take this opportunity to express our appreciation and thanks to the Governments of all those present, their airlines and their Association, lATA, to whom we had reason to appeal for their valued intervention throughout the past ·three years.

Your decisions to adhere to the principles guiding our Organization and your moral support have enabled us to carry on the task entrusted to the Government of Cyprus and be present at this gathering. "

12. The Chief Delegate of the Czechoslovak Socialist Republic

"On behalf of the Government of the Czechoslovak Socialist Republic may I, at the outseL of my statement, warmly welcome the Delegates to the 24th Session of the ICAO Assembly.

The period between the 23rd and 24th Session of the ICAO Assembly has been marked by a complex international political situation and a slowdown in world-wide economic growth, which has had a direct effect on civil aviation. We believe that under such difficult circumstances ICAO, in principle, has succeeded to focus its activities on important matters and has created the prerequisites for the future development of international civil aviation. We therefore wish te express our appreciation to the Council of ICAO and its subsidiary bodies for their.work.

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In spite of the fact that the co-operation between ICAO Member States has, in principle, developed positively over the last triennium, we should point out that there have been some negative occurrences and restrictive measures in international civil aviation.

The appropriate authorities of the Czechoslovak Socialist Republic strongly condemn the discriminatory measures adopted against international civil aviation by some ICAO Member States.

These measures are completely at variance with Article 44 of the Chicago Convention, in accordance with which the basic task and purpose of ·the Organization, inter alia, is to avoid discrimination in the relations between the Contracting States and to provide assistance in the development of international air transport.

We are basing ourselves on the principle that civil aviation should greatly facilitate and maintain friendship and mutual understanding between nations and peoples everywhere and strengthen peace throughout the world.

In the technical and economic areas further progress has been made in the implementation of international Standards and the provision of guidance material. We particularly appreciate the convening of Instrument Procedure Training Workshops and the significant part played by the ICAO European Regional Office'in resolving procedural and implementation problems relating to the creation of an integrated European Air Traffic Flow Management System.

The Czechoslovak Socialist Republic is making every effort to contribute to the realization of ICAOis programmes and objectives. An ICAO training meeting was held in Prague in 1982 to deal with Air Traffic Flow Management and the second part of the Third Informal Meeting on Air Traffic Flow Management was again held in Prague. The CSR is taking part in the activities of the European Air Navigation Planning Group where its member has held the office of one of the Vice-Chairmen. Also, at the Diplomatic Conference for the Review of the Danish and Icelandic Agreements, in November 1982, the Chief Delegate of Czechoslovakia was appointed Vice-Chairman. In July 1983 the Government of the CSR notified its adherence to the Protocol of 1982 for Amendment of the Danish and Icelandic Agreement.

At the present time the Czechoslovak Socialist Republic is developing the internal legal procedures required for our country's adherence to the Tokyo Convention.

We consider that in the coming triennium there will be very.urgent legal questions, particularly regarding the preservation and improvement of the Warsaw System as one of the bases of world-wide international air transport.

In the next. triennium we believe attention should be given .to the economic problems facing international air transport such as the regulation of available capacity and questions of third and fourth freedoms of the air. We fully support the convening of a third ICAO conference on this. subject.

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I would like to inform you that the Czechoslovak Socialist Republic, which is one of the founding members of the International Civil Aviation Organization and which, since 1965, has continuously been a member of the Council of ICAO, wishes once again to present its candidacy for the ICAO Council in the third part of the elections on behalf of the following group of European States: Hungary, Poland, Bulgaria and Czechoslovakia.

I would like to ask the Delegations present here to support the candidacy of the CSR for election to the ICAO Council on behalf of the aforementioned group of countries so that we can continue to give full support to the work of ICAO.

May I also draw your attention to the fact that the Delegation of the CSR has presented to the 24th Session of the Assembly a working paper under Agenda Item 7 concerning the use of aviation in agriculture. Considering the urgency of raising world-wide agricultural production, we believe that the field of agricultural aviation is extremely important to aviation as a whole and recommend that the ICAO Council examine these questions and consider the aspect of closer co-operation between ICAO and FAO, the provision of technical assistance in the area of agricultural aviation, as well as a number of other specific matters.

A number of speakers at this Assembly have also touched on the subject of the violation of USSR airspace by an aircraft of the South Korean Airline on 1 September 1983, as a result of which 269 lives were lost.

The Czechoslovak Socialist Republic has expressed its point of view on this matter to the Extraordinary Session of the Council on 15 and 16 September.l983 based on the information available at that time.

We believe that it is necessary, in the first place, to continue and complete the investigation of this incident in accordance with the provisions of the Chicago Convention, the laws of the Soviet Union and the ICAO Standards adopted by that country.

It is our view that we must ensure that the ICAO Contracting States strictly comply with Articles 1, 3, 4 and 6 of the Chicago Convention which deal with questions of sovereignty over the airspace above States' territories, the rules and conditions of flights and clearance requirements, as well as the use of civil aviation.

Our country is ready to support the development of appropriate measures by ICAO with a view to enhancing the safety of civil aviation.

Finally, ladies and gentlemen~ I would lik~ to remind you that Czechoslovak civil aviation is celebrating its 60th year of operation.

The history of its development is shown in a small exhibition which has been set up on the first floor of this building with the kind help of the ICAO Secretariat. I have the honuur to invite all Delegates to visit it.

Ladies and gentlemen, may I wish you every success for your work at the 24th Session of the ICAO Assembly."

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13. The Chief Delegate of Ecuador

"Ecuador, a peace-loving country, with a traditional spirit of co-operation, could not fail to respond to the call to attend this meeting on international civil aviation, since today, more than ever, it is necessary that we come together to discuss in a positive frame of mind the great problems that arise in the technical and, above all, the legal fields.

Our legal statute, the Chicago Convention, possesses in these times incalculable value and requires to be fully respected and relentlessly applied.

The principles of unification of procedures must cease to be simply good intentions, and become tangible realities leading to a true unification of nations.

My country, in the last twenty years, has entered on a period of unimpeded progress, updating its legislation so that it is in complete harmony with the Standards and Recommended Practices of ICAO in the Annexes and other documents.

The same progress has been obtained in the technical field by equipping the country's airports with up-to-date systems, special emphasis being placed on the Quito and Guayaquil International Airports. Air navigation over Ecuadorian territory enjoys the protection required for safety and we have the satisfaction of having complied with the Regional Plans within the prescribed times.

Furthermore, I must state that we are making progress with the construction projects for the new international airports at Quito and Guayaquil; this is a solid ambition that we have cherished for some time but which has suffered the serious impacts of the world-wide economic crisis.

At the present time an intensive personnel training programme is being developed in the areas of flight safety, operational control, air transport, etc. and we are sure that within a short time we will have highly trained personnel in this most important field giving solid support to the management of the Directorate of Civil Aviation of Ecuador.

Technical assistance operates in our country through the United Nations Development Fund/ICAO with a percentage participation on our part which on occasion has involved total coverage by the resources of the Directorate of Civil Aviation to avoid any reduction in the programmes.

The Technical Assistance Office, with the co-operation of the officials in my Institution, hasworked and will continue working steadfastly and efficiently as is demonstrated in the relevant reports.

Our regular and continuing attendance at ICAO Meetings has given an opportunity for· our ·technicians to participate and contribute positively to the establishment- and development of projects.

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As members of LACAC, we are the strongest supporters of philosophies that lead us to establish policies giving rise to equality of opportunity. There is no doubt that we still have many problems to solve but the firmness and professional skill of our actions will overcome any obstacle and therefore we feel proud to be carrying on the struggle in a spirit of optimism for the future.

I wish to express my wishes for the success of this 24th Session. Today when the conscience of the world is moved by an act which has grieved the whole of mankind, it is my country's aspiration that confidence in air transport may be recovered, that the sound principles cf international law and immeasurable respect for human life may prevail, using for this purpose the most powerful weapon ever created: · REASON."

14. The Delegate of Turkey requested the right to reply to the statement made at this meeting by the Delegate of Cyprus concerning problems being faced with respect to the Nicosia FIR. The Delegate of Cyprus mentioned these problems from a political point of view and attached them to Turkey and the North of Cyprus. He (the Delegate of Turkey) completely refuted this statement and did not wish to politicize issues in this forum. The proper forum to seek solutions to the political problems between the two communities on the Island would be around a negotiating table under the auspices of the Secretary General of the United Nations. ·

15. The meeting adjourned at 1715 hours.

1.

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Minutes of the Seventh Heeting

(Friday, 23 September 1983, at 1000 hours)

SUBJECTS DISCUSSED

Statements by Delegations of Contracting States and Observers (Agenda Item 2, continued)

SUMMARY OF DISCUSSION

Agenda Item 2: Statements by Delegations of Contracting States and of Observers

1. The President announced that statements by Delegations of Contracting States would resume and called on the next speaker on the list.

2. The Chief Delegate of the Arab Republic of Egypt

"It is with pleasure that I seize the opportunity of this 24th ICAO General Assembly to extend to the Organization and the delegations of its Member States the best greetings and wishes of the President, the Government and the people of the Arab Repub­lic of Egypt. We wish this Session to be successful in achieving further progress for Civil Aviation and International Air Transport. I also extend our deep thanks and appreciation to the Government and people of Canada which hosts the Organization and this Session for the services it extends to ICAO and the delegations.

It is noteworthy that ICAO has spared no effort in its action for the progress and development of the technical and economic aspects of international civil aviation and that it devotes increasing attention to extending technical assistance and expertise requested by Member States in order that this important international service may reach the highest possible level in all the fields of its activities.

The Arab Republic of Egypt, conscious of the importance of international co­operation in civil aviation, was among the States which formulated the Chicago Conven­tion and among the first States which signed and ratified it. Because of the importance of the geographic location of Egypt at the crossroads of three Continents - Europe, Asia and Africa - which entailed the provision by Egypt of numerous facilities to international air navigation, and because of the Egyptian contribution to laying the foundations of international co-operation in this respect, Egypt has been chosen as a member of the ICAO Council and a host State to the ICAO Regional Middle East and Eastern African Office since the inception of the Organization in 1947.

One may underline with pride the efforts that the Arab Republic of Egypt made and makes in order to achieve for civil aviation the highest possible levels of safety

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and security as well as progress and development. To that effect the Egyptian Civil Aviation Authorities are presently implementing plans for the fulfilment of these goals.

Thus, in order to achieve optimum safety and security, the finai touches are at hand for the opening of the largest Air Traffic Control Center in the Middle East Region early next year. The latest achievemen~ of science and technology shall be used to cover the Egyptian FIR by radar and computer as well as by long range communications and by Navaids.

Work on this new Center started two years ago after extensive studies in association with the most prestigious international Consultant Houses speciali~ng in this field. This Center will cost about 60 million Egyptian pounds, equivalent to US $ 80 million.

Similarly the Egyptian Civil Aviation Authorities are taking planned steps for the development of Egyptian Airports by equipping them with the most modern communica­tions devices and Navaids in order to ensure the safety of civil aviation. This is particularly true with respect to our airports assigned to international use, namely those of Luxor, Aswan, Hurgada, Alexandria, and the five airports in Sinai in addition to Cairo Airport, pursuant to the ANPs for the AFI, MID, EUR and SEA regions.

In order to achieve the aims pursued through the implementation of these ANPs the Arab Republic of Egypt has trained a large number of Air Traffic Controllers and other specialists and technicians either by sending them on scholarships to certain developed countries or by training them at the Egyptian Civil Aviation Institute, for the improvement of their skills.

It is with a legitimate pride that Egypt can indicate that as a result of the implementation of these plans it has been able·to accommodate, facilitate and ensure the additional air traffic which has been suddenly transferred to it as a consequence of the closing of the airspace of some Middle East States because of hostilities therein. ICAO has addressed a letter of thanks to the Egyptian Civil Aviation Authorities for their having coped with these emergency situations with high efficiency. The letter was received with deep appreciation.

Furthermore the Arab Republic of Egypt is developing the Civil Aviation Train­ing Institute and the Misr Flying Institute by using the most modern equipment, labora­tories and training devices, including aircraft, in order to train highly skilled tech­nicians in th~ various disciplines. To that effect Egypt has devoted in the coming Five-Year Plan starting in 1983 the sum of LE.· 10 million in addition to US$ 1.7 million from the Technical Assistance Programme of the United Nations.· These two Institutes now offer adequate training programmes to more than twenty friendly States from the Arab world, Africa and Asia.

After the implementation by Egypt of its policy of Economic Openness, civil aviation operations and international air transport to, from and across Egyptian territory have ·substantially increased in a steady upward trend. This required from the

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Egyptian Civil Aviation Authorities numerous steps in order to ensure optimum development and I have the pleasure of indicating to you these steps:

I. The route network in the Egyptian FIR has been restructured and equipped with the most modern Navaids in order to shorten the distances covered by aircraft. This has substantially reduced fuel and operation costs.

II. The capacity of Egyptian airports has been increased in order to accommodate the increase of traffic. Thus at Cairo Airport the arrival and departure halls have been re-planned and have been in a position to accommodate about eight·million passengers in 1982. A new Cargo Village has been established and inaugurated in 1982. Another project is being implemented for the construction of a new passenger terminal at Cairo Airport. It shall be inaugurated in two stages, in 1985 and 1987, so that Cairo may handle eighteen million passengers yearly.

The Egyptian Civil Aviation Authorities are also implementing plans for the erection of a new passenger terminal at the Luxor, Aswan, Hurgada and Alexandria Airports, in order. to accommodate the incoming and outgoing traffic after they have been. opened to international use.

III. Creation and strengthening of Egyptian Airlines.

EGYPTAIR is one of the oldest national airlines in the Middle East Region. Last year, 1982, it celebrated its Golden Jubilee. The airline links Egypt with the various States world-wide, particularly in the Far East, the Middle East, Europe, Africa and Asia. In order to meet the increasing traffic from and to Egypt, EGYPTAIR has increased its offered capacity by increasing the number of its flights and by purchasing new modern aircraft. Its fleet has been enhanced by eight Airbus 300 (medium/long range) and by. one B747 (long range) as well as by short range aircraft for domestic services. Contracts have been recently signed for the purchase of five B767s (medium/long range), and three Fokker 27 (short range). Furthermore several national airlines have been created in Egypt as a result of the implementation of the policy of Economic Openness in order to cover, with EGYPTAIR, the fields of air works and domestic and international air transport.

The Arab Republic of Egypt is extremely keen to entertain excellent relations with all the States of the world. This is confirmed by the fact that the scheduled services of foreign airlines in Egypt have greatly increased, so that the number of foreign airlines now operating in our country has reached the figure of fifty. The number of bilateral air transport agreements concluded by Egypt with the various countries of the world now reaches about 100.

Furthermore, the Arab Republic of Egypt is aware that the ~ogress and develop­ment of civil aviation4nd air transport require a close international co-operation and understanding through ICAO and other regional organizations. Thus Egypt plays an import­ant and efficient role since the inception of ICAO in 1947 and is keen to participate actively in all its meetings, panels and conferences, and through its membership in the ICAO Council. In this respect we have to record the thanks of the Arab Republic of Egypt

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to the ICAO Council and ICAO Secretariat for their effective efforts in translating into Arabic the Chicago and Warsaw System Conventions in compliance with the Resolution of the 23rd General Assembly. We also record our admiration for the great effort made by the Secretariat in preparing the working papers and documents of .the present Session in Arabic. We hope that this General Assembly will approve Working Paper No.46 dated 13/9/83 presented by the Arab Republic of Egypt for the translation into Arabic of the Conventions on Aviation Safety: Tokyo 1963, The Hague 1970 and Montreal 1971.

Finally, bearing in mind that the Arab Republic of Egypt is conscious of the importance of its role in the Middle East and Africa Region for serving and developing international civil aviation in a safe and stable way since the birth of ICAO and the continuous election of Egypt as a member of the ICAO Council as of 1947 up to this date, I have the pleasure to announce that Egypt has posed its candidature to the Council elections due to be undertaken during the Session in accordance with Part II of the rules governing those elections.

At the close of this statement I can but express our regrets for the victims of the Korean Aircraft accident and extend our sincere condolences to their families. We support the Resolution adopted by the Council on 16/9/83 aiming at supplementing the elucidation of the facts in this accident through the establishment of an impartial technical enquiry commission as well as the undertaking of studies and the adoption of steps in order to ensure that such a tragic event shall never again occur."

3. The Chief Delegate of Ghana

"On behalf of the Ghanaian Delegation, I would like to convey the warm greetings of the Government and the people of Ghana to this august Assembly.

The Government of Ghana attaches great importance to the work of the Organiza­tion which includes the orderly development of civil aviation to ensure safe, efficient and economic air transportation throughout the world and therefore endeavours despite certain constraints to contribute effectively towards its success.

In .this regard, it is worthwhile to mention that the Government of Ghana has with effect from January 1982 embarked upon a massive programme of rehabilitation of air navigation aids to a level demanded by the International Civil Aviation Organization. It is hoped that after the completion of the installation works at the end of 1984 and subsequent commission of the facilities Ghana would be restored to her proper position as one of the leading civil aviation States in the AFI Region of ICAO. At this juncture, it would be appropriate to express my Government's sincere thanks to friendly countries for the grant of financ.ial assistance to enable the projects to start. While expressing this gratitude, I would. take the opportunity to mention the invaluable assistance given to the Civil Aviatl.on Administration of Gharia by various airlines operating in Ghana and it is the expectation of my Administration that the airlines will not relent in their assistance especially during the present phase of our national reconstru~tion. The Government of Ghana is sincerely grateful to them.

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It is also relevant to mention that in order to ensure proper utilization and prolong the life of the modern and expensive facilities my Government has purchased, it is very important that my Administration employs efficient personnel to man them. It is an agreeable fact that standards in the field of civil aviation cannot be compromised and it is also known that it is expensive to develop aviation manpower. In order to cope with the situation, in the face of economic and other constraints Ghana will have to con­tinue to depend on ICAO for technical assistance through the United Nations Development Programme (UNDP) in the training of some of her civil aviation personnel and my Delegation would therefore appreciate due consideration in this area when the subject comes up for review.

Hr. Pre-sident, I would want to touch on a vital issue concerning flight safety which has abvays been a priority concern of the Organization, hence demanding constant research in order to ensure accident-free air travel. Civil aviation authorities and airlines can boast of some of the best water-tight regulations pertinent to safety in the civil aviation world. I however regret to say that these regulations are mostly meant for the guidance of staff without paying much attention to the education of the travelling public in the area of flight safety especially in the developing countries. For instance, in an attempt to dodge the payment of excess baggage charges, passengers resort to treat­ing heavy and bulky loads as hand baggage, unaware of the potential danger inherent in the practice of overloading an aircraft with weights that have not been accounted for in the load sheet. '

Similarly, passengers innocently and without any mischievous intention carry in their baggage restricted or dangerous items like explosives. corrosives, flammable gases etc. undetected into an aircraft without being aware of the hazard to be caused. I can cite instances of air disasters and incidents attributable to what I may term "passenger misconduct". Suffice it to say that "passenger misconduct" has probably been the. cause of numerous unexplained and mysterious air disasters in civil aviation history. It is therefore my belief that by providing a forum for public education at the international level, the general public could be educated to appreciate the problems and potential dangers to which they as passengers expose themselves.

The Delegation of Ghana therefore proposes for active consideration the setting up of an annual international Air Safety Week, during which week the safety aspects of air travel would be highlighted and brought home to the travelling public all over the world through symposia, display of placards, posters, stamps, and discussion in the news media. It is further proposed that the week overlapping 17 December of every year be considered as Air Safety Week.

Pursuant to ICAO's objective of ensuring maximum safety in air transportation, the Civil Aviation Administration of Ghana has initiated action to introduce a National Air Safety Week in Ghana and it will be inaugurated when arrangements are completed.

At this juncture, I would like to repeat a statement issued by the Government of Ghana on the unfortunate incident which occurred on 1 September of this y~ar, and I quote:

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The Government of Ghana has followed with concern the controversy generated by the shooting down by the Soviet Union of a South Korean civil aircraft with 269 passengers on board. The Government wishes to express its deep regret over the death of innocent civilians and mourns with the families and countries of the victims. This unfortunate tragedy underlines the need for the Super Powers and indeed, the entire world, to create conditions on which trust and peace can be founded.

It is the hope of the Ghana Government that this incident would spur the entire International community on to greater efforts to reduce the arsenals of destructive weapons threatening the world and to create conditions for international peace and security.

In conclusion, I would like on behalf of the Government of Ghana to welcome all the new Members that have joined ICAO since the 23rd Session of the Assembly in 1980. My delegation wishes to reiterate its resolute commitment to the obiectives of this Organiza­tion and its fervent hope that the results of this 24th Session of the Assembly will further help to remove mistrust in the provision of air traffic and flight information services and also promote safe and efficient development of civil aviation. May I wish this Session every succes~'

4. The Chief Delegate of Greece

"It is a great honour for me to express, on behalf of my country, the country where democracy was born, my sincere appreciation to the Government of Canada, to the Provincial Government of Quebec and the City of Montreal for the excellent hospitality extended to the delegations to this Assembly of ICAO.

I would also like to express our great appreciation to the President of the Council, the Secretary General and the members of the ICAO Secretariat for the excellent way in which they perform their duties for the promotion of world air transport and for their efforts in organizing this Session of the Assembly.

Furthermore, I should like to convey our warmest greetings to all the partici­pants in this Assembly and in particular to the delegates of the States which have joined our Organization since our last Assembly meeting.

The Agenda before us takes note of the problems confronting international civil aviation today and I have no doubt that this Assembly will find appropriate answers to all these complex questions.

The presence of so many delegations from all over the world is proof of our common desire to evolve measures for the continued growth of civil aviation as a means of strengthening and furthering international ·friendship and co-operation.

At this ·point, I would like to state that the shooting down of a Korean Airliner which caused the loss of many human lives, cannot but be deplored. It also shows the necessity of taking concrete measures to prevent such occurrences in the future and to ensure the safety of civil aircraft. To this end the Greek Delegation welcomes with interest and lends its support to the technical and legal proposals presented by France

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at the Extraordinary Session of the Council on September 16, 1983.

Greece, a founding member of ICAO, due to its geographical position, has always provided a high level of air navigation facilities and services of all kinds.

I am not going to deal here at length with this subject. In the working paper already submitted by my delegation, you will find all the particulars which make quite evident the very important role which Greece is playing in international air transport.

Despite all that Greece has offered to the goals of this Organization, my country has never been given the opportunity of becoming a Member of the ICAO Council in order to contribute more to the common effort of this Organization. Greece is therefore asking for your support for its candidature to the Council and if elected will do its utmost to promote the goals and work of the ICAO."

5. The Chief Delegate of Grenada

"On behalf of the Government and people of Grenada, our Delegation is very pleased to be here in Montreal at the 24th Assembly of ICAO. This is Grenada's first attendance at an Assembly since we joined this prestigious Organization. On October 1st 1981, our country consisted of a three-island State totalling 133square miles with a population of 110,000. It is located at the southern tip of the chain of Caribbean islands. We attained independence in 1974.

Mr. President, similar to other member countries of the Caribbean, Grenada also supports the community of interest concept,whereby smaller countries unable to individ­ually develop their own airlines, may be permitted to designate an airline for the group.

It is also important for members to note that our membership of ICAO is rather timely since we are due to open our international airport in March 1984. We see this as an important milestone in s~rengthening our communications link with the rest of the world. You may also be aware that this airport was the centre of unfortunate concern in certain circles which attempted to block the approval of the grant of funds and assistance for building by throwing our country into an unwarranted geo-political ball-game. Of course the attempt failed miserably. We appreciate the support and assistance received from certain member countries in making this dream of our people a reality.

You will be pleased to know that you have participated in building Point Salines Airport in one of the most picturesque landscapes in the world - capable of accommodating 747s.

We would like to thank ICAO for assisting us in justifying the need for our international airport and I quote the ICAO Circular Report No.l41-A-46 of 1978 which states: 'Caribbean traffic growth and changes in aircraft technology require the continued expansion of existing facilities and raise the problem of financing such development. In general terms it can be said that the absence of at least one runway of not less than 3,000 m. (9,800 ft) in a country restricts the operation of long-haul international services with modern equipment and iE a potential limiting factor on the development of a pattern that fully meets the transport requirements of a country.'

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This is particularly applicable to us in Grenada due to the fact that tourism is a vitally important industry to our economy. We would be advancing from our only existing airport with a runway of 1600 meters to 27"43 meters - an airport which will be able to accommodate up to 747 aircraft.

With limited air access to Grenada it has been very difficult if not impossible to begin to realise our full tourism potential because of the following handicaps:

i) the present inadequate airport facilities which can accommodate no passenger aircraft larger than the Avro 748 Turbo-prop with a maximum capacity of forty-eight passengers;

ii) the absence or lack of night-landing facilities. This means that all flights into Grenada must arrive before darkness falls, thereby limiting or restricting the number of flights coming into Grenada;

iii) because most international airline flights into the Caribbean arrive at our two major connecting points, Barbados and Trinidad and Tobago in the very late afternoon or early evening, passengers bound for Grenada are forced to stop overnight at either of these two points. This factor causes these passengers great inconvenience and extra unnecessary expenditure. Estimates show that approximately 50 per cent of our annual visitors stop overnight at these points. We would like to thank Barbados and Trinidad and Tobago for their hospitality to our transit visitors.

iv) because of the extreme difficulty experienced by Travel Agents and Tour Operators in obtaining confirmed bookings for their clients between Barbados and Grenada, many of them have discontinued selling Grenada as a .destination to their clients. This is especially true in countries where consumer protection laws hold the travel agents liable.

v) despite being the only country among twenty-six Caribbean countries given top ratings (in the European Tourism Demand Study, 1980) on natural attractions, beaches and climate, yet in that study Grenada was designated a touristically disadvantaged destina­tion as a result of "accessibility problems: no gateway airport for flights .•. " being a major factor.

We acknowledge the achievements made so far in the advancement of civil aviation by ICAO. However, as more small island developing States like ourselves become part of the ICAO system, this Organization will face serious challenges.

I will make reference to a recent Conference of Experts on the problems of small island developing States held recently in Grenada. It was concluded that an important element of "economic smallness" is the remoteness from main international routes and centres.

Many small developing States face serious problems of exposure because of:

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- the emphasis and concentration of civil aviation high technology in developed countries,

- also the carry over from the old colonial system of having to utilize metropolitan connecting centres for flights between third world countries, reinforces and perpetuates the system of dependence of poorer countries,

additionally, the absence of a comprehensive and efficient system of air communications in the developing world inhibits co-operation among these countries.

With countries as ourselves joining ICAO we would envisage and appreciate this Organization providing the necessary support to surmount these hurdles. This is a serious challenge.

Finally, we view adequate air communications as an important facilitator in the development of international understanding.

In closing, permit me to express our appreciation to all the Member countries which provided the necessary support for us to join such a prestigious Organization. We look forward to your continued support in meeting the aspirations of our small islands."

6. The Chief Delegate of India

"The International Civil Aviation Organization, as we all know, came into exist­ence even before the birth of the United Nations. The founding nations had a specific objective: the establishment of a safe, adequate, efficient, orderly and economic air trans­port system at the global level on the basis of equality of opportunity for all, for the benefit of the people the world over. I can categorically say that this Organization has indeed done a commendable job towards achieving this objective notwithstanding occasional setbacks.

We all recognize that the rapid growth and development of world ~ivil aviation would not have been possible but for the work done by this Organization in'laying down universal standards and norms for all aspects of civil air transport; both technical and operational.

Although commercial aviation has been in existence for over seven decades, only about four percent of the world's population actually travels by air. This is indica-tive of its vast potential for growth. ICAO has indeed succeeded in achieving commendable results in promoting civil aviation at the global level. But a great deal more needs to be done in providing technical and financial assistance to the developing countries, specifi­cally in respect of airport development, navigation and communications. This is particularly significant because, although all countries in the world, regardless of their economic status, operate similar types of aircraft with comparable levels of sophisticated technology, the supporting infrastructure, such as airports, navigational and communication facilities, shows wide variations. It is the paucity of funds to modernize the essential infra­structure, which has led to this anomalous situation. In rectifying this situation, ICAO has a significant role to play.

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Its resources need to be augmented. further expanded. Yet the level of funding to us, therefore, concentrate our efforts towards from UNDP and other funding agencies.

Its Technical Assistance Programme ICAO shows a declining trend. Let securing more financial resources

We in India have made substantial improvements to update and modernize our navigational and communication facilities and these efforts continue. In this process we have developed a large reservoir of technical expertise, which we have shared with other developing countries and shall continue to share.

ICAO's prime function is to ensure the safety of civilian aircraft. Over the years, ICAO has evolved an elaborate legal framework to ensure the smooth operation of international civil airlines with minimum operational risks. With the rapid growth of air traffic certain unlawful interference in civil aviation and its facilities has also come into being. Hijacking of aeroplanes is again on the rise. Such incidents have mostly political overtones. In an attempt to curb these acti­vities, the Tokyo, The Hague and Montreal Conventions were drawn up under the aegis of this Organization and I am happy to say that India is one of the countries which has ratified all of them. But then, not all the countries have ratified the Conven­tions, and until they do so, there will always be a safe haven of immunity.

I now refer to the tragic incident of the Korean Airlines aircraft resulting in the loss of innocent lives. My Government has deeply deplored this incident and our hearts go out to the families of the victims. We convey sincere condolences to the bereaved families. We realise that their loss is irreparable. Time and time alone can assuage their sorrow and suffering. Regrettable as this tragedy is, this incident should not become a cause for the escalation of world tensions and rivalries but a catalyst for safer aviation. We are irrevocably and deeply committed.to the basic objective of developing international ~ivil aviation through friendship and understanding among the nations of the world. We reaffirm our faith in ICAO. We believe that it is within the framework of the aims, objectives and procedures of the Chicago Convention that the issues involved in the tragic incident have to. be con­sidered and specific measures devised to prevent any recurrence of such an incident.

Before I conclude, I would like to welcome the new Member States of Antigua and Barbuda, Grenada, Kiribati, Vanuatu and Zimbabwe, who have joined this Organization after we last met three years ago.

I would like to thank the Government of Canada, the Government of the Province of Quebec and the City of Montreal for the warm welcome accorded to us. I would also like to thank the Secretary General and the ICAO staff for the excellent arrangements made for this Session. Finally, I would like to pay my warmest tribute to Dr. Assad Kotaite for the distinguished services rendered to the International Civil Aviation Organization and for the very competent manner he has guided its affairs. It is my ardent wish that he would continue to make his services available to this Organization in the years to come. "

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7. The Chief Delegate of the Islamic Republic of Iran

"It is a great pleasure for me to address you at the 24th Assembly of the Inter­national Civil Aviation Organization on behalf of the people and the government of the Islamic Republic of Iran.

My Government attaches great importance to international civil aviation, as well as to national and domestic air transport. We firmly believe that the activities of international civil aviation require an environment of peace, mutual understanding and co-operation.

As regards the efforts that we ourselves have exerted as one of the founders of ICAO, we have been accurately and sincerely aware of our responsibilities in the framework of the Chicago Convention by all ways and means.

In the annual budget of our country, a high priority is attributed to civil aviation and the policy of the Islamic Republic of Iran is to extend the benefits of civil air transport to less developed areas and for the benefit of more deprived people as a first step. We sincerely hope that the same policy can be encouraged by ICAO at an international level.

Since the victory of the Islamic Revolution, a more effective attention and emphasis have been paid to the development of civil aviation. During the past three years, the Islamic Republic of Iran has vigorously continued its efforts, even under very unfavourable conditions, such as the economic boycott and the imposed war, to provide the facilities and services required for the safe and efficient operation of international civil aviation in accordance with the obligations we have accepted under Article 28 of the Chicago Convention and for the fulfilment of the ICAO Regional Plan.

To indicate the intensity of our efforts, I recall that during the past three years the. budget for the continued maintenance of the civil aviation facilities and services occupied a high place in our overall transportation budget, and the budget for further development of civil aviation facilities and services during the same period has been given the same high place.

The importance of our efforts in the development of national and international civil air transport can be realized better when it is considered that during the past three years we were, and we are still, engaged in an undeclared and intensive imposed war, the losses of which have been obviously enormous.

Nevertheless, thanks to the faithful devotion of our people and in particular the staff of the civil aviation organization and of Iran Air (the Airline of the Islamic Republic of Iran), we have been successful in maintaining the safe operation and flow of civil air transport not only domestically but also internationally and regionally, that is,in the Persian Gulf area, and Haj operations during which, only in its recent operation,over 100,000 pilgrims were flown in 20 days, in addition to the normal activi­ties of Iran Air, and it was during this rather busy time that the hijacked Air France Boeing 727 was forced to land in Tehran and received proper attention resulting in the safe release of the passengers and aircraft after four days of heavy tension.

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As far as the future is concerned, during the first five year economic develop­ment plan of the Islamic Republic of Iran, the annual.budget for the provision of civil aviation facilities, training and services and for future development, will have a sharp annual average growth. Among the future plans there is a new modern airport for Tehran; early stages of its work are already in progress, to cater for the requirements of international air traffic in the late 80s and for the foreseeable future. A complete modernization of the ATC system and an automatic message switching system for the AFTN are also included.

We would like to take this opportunity to refer to the agenda of this great Assembly which includes many important items, several of which can cause handicaps to the further development of international civil aviation if not properly solved. Problems such as agenda item 18 "Major air transport problems" and agenda item 19 "Future avail­ability of aviation fuel" need continuous effort and sincere international understanding which we hope can be achieved through ICAO.

We believe international civil air transport can progress only on the basis of regional and international co-operation for peaceful objectives. It is for this purpose that we have been adhering to the policy of promoting international co-operation in civil aviation through ICAO and we are of the opinion that ICAO can be an ideal forum for promoting international civil aviation.

One of the major objectives of the ICAO Assembly is to assess the extent of implementation of the goals of the Chicago Convention. In this regard, as the distin­guished delegates very well know, a major goal of the Convention is a concerted inter­national co-operation among Contracting States in creating a peaceful environment and good understanding for the development of civil aviation.

Unfortunately, the events that have taken place during the past three years speak very loudly that certain States not only do not attach adequate importance to their obligations vis-a-vis the Chicago Convention but even do not simply care about the lives of the occupants of civil aircraft.

As examples of this lack of regard we recall that simultaneously with the previous Session of the ICAO Assembly in 1980, our international airports were attacked as the first targets of an imposed war, a number of our civil aviation personnel lost their lives and civil aviation facilities including communications and navigation aids were damaged. Early in 1982, a civil Algerian aircraft was shot down by enemy fighters in one of our international ATS routes, and recently the world was witness to the loss of the lives of 269 men, women and children aboard a civil airliner.

The above events and similar other events such as frequent cases of hijacking still remain unexplained and the future will not be promising without the more active involvement of ICAO in following its goals and peace objectives.

The Islamic Republic of Iran wishes you great success in your efforts during this great Assembly and in securing a well-deserved safe and peaceful environment much­needed by international civil aviation."

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8. The Chief Delegate of the Ivory Coast

"It is a great honour and a real pleasure for me, on behalf of the Delegation of the Ivory Coast, to take the floor at the opening of this 24th Session of the Assembly of our Agency, to express the keen interest that my country attaches to international co-operation, in particular in such a vital field as civil and commercial aviation.

The universal dimension of ICAO, with 151 Member States, is striking proof of the importance that all States of the entire world, developed and developing, attach to the orderly and peaceful growth of civil aviation.

The will of the Member States to foster the harmonious and peaceful develop­ment of international air transport, for the benefit of all mankind, must be encouraged and supported at all levels. Now that our Institution is almost forty years old, we must be proud that, thanks to the determination and foresight of the Council Members and the Secretariat, it is one of the rare human creations in which public interest prevails over national susceptibilities.

But a troubling event has just tarnished the remarkable image that a large number of people in emerging countries, deeply attached to justice and peace, have formed of commercial aviation as the privileged instrument for bringing nations closer together. The attack by Soviet fighters against a South Korean civil aircraft, causing the death of innocent persons is an act that my country profoundly deplores, whatever may be the reasons motivating it. We associate ourselves with all peace-loving countries to denounce the manoeuvre which would make civil aviation a weapon against humanity.

In the Ivory Coast, my Government, under the guidance of President Houphouet Boigny, has since 1979 effected innovations in domestic air transport, basing its policy on the peaceful use of our air force. Military personnel, serving economic and social development, manage and operate the Air-Ivoire domestic airline in close co­operation with civil personnel. In our view, without peace, nothing is viable on this earth.

It is the duty of the international community to challenge and remove all the uncertainties which hover over civil aviation.

I should like, among many others, to mention the general:financial deteriora­tion observed in the· operation of airlines. I should also like to stress:

- the experiment of tariff deregulation, as compared with the traditional methods for fixing tariffs used by airlines within lATA,

- responsibilities in cargo questions,

- damage to third parties on the ground.

These are problems that our Agency may not ignore, because as a Specialized Agency of the United Nations ICAO must make every effort for complete performance of its regulatory role.

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The Special Air Transport Conferences in 1977 and 1980 constitute positive approaches in this matter and my Delegation wishes the present Session of our Assembly to decide on holding such Conferences in the next two years.

The Chicago Convention, in all its parts,.must be respected by all Member States without exception. The provisions of Articles77 and 79, as well as other Articles of the Convention promote and foster regional co-operation.

With the experience we have gained, we are more and more convinced in my country of the need to belong to the Air Afrique community, a multinational company created by the Yaounde Treaty in perfect accord with the provisions of Articles 77 and 79 of our Convention.

Ivory Coast will strive, come what may,to preserve and even increase the benefits of this regional co-operation in the face of any open skies policy, a synonym of disorder in rates and fares and alienation of traffic rights in international air transport.

Finally, although it is an agricultural country, Ivory Coast, since its accession to independence, has taken every measure for the regular improvement of its airport facilities and aeronautical radio equipment.

The contribution of the ICAO Technical Assistance Bureau in the definition and design of the various facilities gives us the greatest satisfaction and I wish to congratulate, on behalf of my Government, all those responsible at Headquarters who have promoted this co-operation.

I must also thank the Canadian authorities and in particular those of Montreal for the extremely warm welcome that they have always extended to international civil aviation."

9. The Chief Delegate of Iraq

"Before commencing my statement, I would like to make one clarif.ication to my fellow delegates. The statement of the Iraqi Delegation was handed to the translation section four days ago and in this statement we tried to avoid delving into political matters so as to save time, since this Organization of ours specializes in technical matters, but one of our colleagues has mentioned the bombardment of their airport and the shooting down of an Algerian aeroplane. I do not want to ·tackle this subject because Iraq's position is wellknown at the United Nations, the non-aligned group and in the Islamic Conference Organization.

I have the pleasure, on behalf of ihe Iraqi Delegation to the 24th General Assembly of ICAO and as a member of the Council, of thanking our friends, the Canadian Authorities and extending to them our appreciation for hosting this meeting in their beautiful city of Montreal.

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I extend also our greetings and appreciation to the President of ICAO, Dr. Assad Kotaite and to its Secretary.General, Mr. Yves Lambert, and to my colleagues in the Council for their constructive efforts to serve and develop.civil aviation services for the benefit of mankind through the most important and quickest means of transport in the world which is air transport, across the airspace of States and over the oceans.

I am also pleased to express the pride of Iraq for being one of the founder States of ICAO and one of the first countries which participated in the Chicago Conference of 1944 and ratified the Conventions which resulted therefrom. Iraq has continuously contributed to the General Assemblies of the Organization and to its activities since the early yeari of its existence.

I affirm the continuity of the Iraqi material and.moral support to ICAO and its activities, including the decision of the Government of Iraq to host the Air Navigation Meeting for the Middle East Region in Baghdad next year.

Appreciating the importance of civil aviation in creating better links between peoples for the interaction of civilizations and for a mutual understanding between nations, Iraq in its national development plans after the Revolution of 17-30 July 1968 devoted a special interest to civil aviation projects and activities by creating several civil international airports and by developing the Iraqi air fleet so as to connect the main cities of Iraq with more than fifty countries. It is with great pride that I can assure the participants in this session that civil aviation services in Iraq are today considered among the best in the geographic area which Iraq presently represents in the Council, particularly after the opening of the International Saddam Airport which can accommodate more than ten million passengers yearly, and the Basra and Mossul International Airports, and after the development of air navigation services, since Iraq serves more than 100,000 crossing aircraft each year in spite of the circumstances prevailing in the area. I wish also to mention the project of radar detection covering the whole area.

We thank all participants and express to your Assembly the wishes of success of the Iraqi Government for the achievement of the human aims it is pursuing.

I have the pleasure to inform you that Iraq has decided to run again for the membership of the Council at this 24th Session as a candidate for the Arab Group. Iraq is committed to the ACAC Resolutions and hopes that its candidacy shall be supported by you on the basis of its historic role in the area, its material facilities and its geographic position in the region."

10. The Chief Delegate of the Lao People's Democratic Republic

"Our ICAO Assembly, which is taking place at a time when the conscience of mankind is shocked and the atmosphere of international understanding in the field of air transport is darkened as a result of the lawbreaking South Korean aircraft that was shot down, is of capital interest to all of us. My delegation entirely shares the feel­ing of profound sadness expressed by previous speakers with regard to the loss of life of

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the passengers of this aircraft. However, we are particularly interested to know what was behind this tragic accident. From the first days, the media and the statements of certain countries seemed very virulent in taking up their position against the Soviet Union. But since then, more than three weeks have passed, international opinion is becoming better informed and has received further knowledge from the official·, convinc­ing statements of the Soviet Government on this matter. Thus, many countries have been led to adopt a more or less conciliatory attitude. Pending more information and state­ments on this accident, my Delegation sincerely hopes that this attitude may pre­dominate in our debates.

The activities of ICAO, as one of the largest Specialized Agencies of the United Nations are known throughout the world. The latest activities included the Regional Air Navigation Meeting for Asia and the Pacific which took place with great success in Singapore this year, thus greatly contributing to strengthening friendship and co-operation between nations and peoples of this region of the world despite their political options and different ideologies.

In these early years of the 80s when air transport has attained the highest technological level in spite of the extremely costly investments for adequate infra­structure, reliable airports and highly qualified personnel, all countries, rich and poor, have been able to benefit according to their capacities. In the Lao People's Democratic Republic, a land-locked mountainous country located in the heart of the -Indo­Chinese Peninsula, and still lacking a road network, civil aviation has played a major role in communications within Lao between different ethnic groups living in the most remote regions of the country. It accounts for more than 30 per· cent of the passenger and goods traffic carried, thanks to the valuable aid of fraternal Socialist countries, in particular the Soviet Union, and the extensive co-operation of ICAO and the UNDP for which my Government is profoundly grateful. Furthermore, our civil aviation services have reliably provided for the safety of aircraft overflying our territory along Routes No.1 (Bangkok-Pakse-Danang-Hongkong) and Blue 65 to Hanoi in accordance with ICAO Standards and Recommendations. This demonstrates our close collaboration in the field of air navigation with the services concerned in Viet Nam and Thailand and. our political and technical responsibility vis-a-vis the international organizations.

The ever more profound daily development of civil aviation allows us to realize that the standards enshrined in previous agreements are insufficient. Other more precise and more dynamic measures appear indispensable. The most qualified body to prepare these is still ICAO at the head of which we have Dr. Assad Kotaite and its Secretary General, Mr. Yves Lambert, whose efficiency and clear-sightedness in their work require no further demonstration.

Before concluding, allow me Mr. President, to sincerely thank the Federal Government of Canada and in particular the Government of Quebec for the political and material arrangements they have made to ensure the success of our Assembly."

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11. The Chief Delegate of Nicaragua

"Nicaragua is pleased to greet the authorities of ICAO and all the Delegates of the Member States on the occasion of this important Assembly and extends its wishes for the achievement of positive and practical progress for the benefit of air transport in all States.

Nicaragua wishes to state, somewhat outside this context, that it is unquestion­ably the country that repeatedly raises its voice in all international gatherings to de­clare its political will for peace, its constant readiness to settle differences by the civilized means of dialogue, with the same force that it upholds its unconditional and absolute right freely to choose its system of Government, that is, the·respect for its self-determination which is a right inherent in the sovereignty of nations.

Nicaragua is a very small country with less than three million inhabitants, devastated by natural disasters, undermined by decades of a corrupted and voracious dic­tatorship, and demolished by a war of liberation which is not yet ended. Its national airline is perhaps the smallest in the world, and is most certainly the weakest economic­ally. The Nicaraguan Air Force is ridiculously small even in comparison with the forces of neighbouring countries with equally small territory. Our infrastructure is equally microscopic in its development and faces almost insoluble difficulties.

In the midst of so much adversity, the Nicaraguan people are determined to build their own destiny. From the ashes we have raised an Aeronautical Technical Instit­ute which indeed contains a flight simulator that we have not been able to operate, but we place our faith in the future in this Institute, for the training of our sons in the various fields involved in flying. We are producing zero hour pilots with private pilot certificates after 200 hours of flight, with a higher academic educational level and complete personality training, at an approximate cost of 1 million cordobas entirely at the expense of the State. This, in our precarious situation, represents a sacrifice which is compensated only by ensuring the right of our young people to education.

We are building the Bluefields and Rosita Airports with 2,000 metre runways, and expanding the Puerto Cabezas runway to 3,000 metres, with the sole aim of g1v1ng national identity to our abandoned Atlantic coastal area where a population rich in aboriginal ethnic groups and with a fine autochthonous culture has traditionally succumbed to all the calamities inherent in exploitation and poverty.

The technical data of these airports and all the aeronautical information on my country are incorporated in the AIP which is now completed and is immediately available to all countries.

I wanted to give you some kind of outline of my country's situation, but Nicaragua's tragedy is only beginning, and it is alarming that, situated as it is at the vortex of swirling tensions, it may become the source of a conflagration of incalculable proportions. Nicaragua is being attacked, and today as yesterday, the enemy is the same.

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From 1927 to 1934 when he was murdered, the General of Free Men, Augusto Cesar Sandino carried on a guerilla war to defend the soil of his fatherland against the invading American marines.

At the beginning of 1982 the Aeronica passenger aircraft was subjected·to a terrorist attack with a C-4 plastic bomb of United States manufacture. A delay in the aircraft's departure prevented it exploding in the air and killing more than 100 innocent civilian passengers. An air hostess was wounded in the leg. A few days later, a second terrorist attack occurred at the Sandino Airport, when another powerful C-4 U.S.­manufactured bomb exploded causing material damage and the death of a worker carrying baggage and wounding two other workers.

On 8 September this year, between 5:15 and 5:35 hours, two civil aircraft violated Nicaraguan airspace, attacking with bombs of United States manufacture supplied by the U.S. Central Intelligence Agency, a boy's school operated by the Church, next to the residence of Minister Father Miguel D'Escoto Brockmann, who was the chosen target. The second aircraft discharged ·its cargo of death and destruction on the Sandino Airport, causing partial damage. This Cessna 404 was shot down by the anti-aircraft defence, and crashed into the control tower, penetrating the official reception premises and finally coming to rest in flames in the main passenger lounge, with the death of its two crewmen, murderers and traitors. Unfortunately, this attack also caused the death of a customs official, a victim of serious burns, and two other workers were injured.

On 9 September at 5:30 hours two T-28 aircraft coming from Honduras dropped four high-explosive U.S. manufactured bombs, attacking the Port of Corinto and the adjacent Paso Caballos bridge. One of these aircraft was shot down.

On the same day, 9 September, at 1900 hours, three civil aircraft coming from Costa Rican airspace attacked the Cibalsa military unit in the Department of Rivas.

On 10 September, another civil aircraft violating Nicaraguan airspace was shot down in the Isla La Juana area, near El Castillo, in the San Juan River, the boundary with our sister Republic of Costa Rica.

In the month of August alone, more than thirty violations of Nicaraguan airspace oy United States military and espionage aircraft were detected and there are warships in the territorial waters of our two oceans, which are committing an outrage on our national sovereignty and leave a mark of shame on all those who do not repudiate the treachery and insolence of this open aggression on a small and impoverished developing country, by the Government of a Power which has arrogated to itself the manifest destiny of being the leader, master and scourge of mankind.

Nicaragua calls for declarations of the Assembly and the Council against the violations of its airspace and its sovereignty by espionage aircraft of the United States. Nicaragua calls for pronouncements in condemnation of the direct attack on the facilities of the Augusto Cesar Sandino Airport by mercenary aircraft paid and armed by the Central Intelligence Agency with funds supplied by the Pentagon. Nicaragua calls for. declarations to put an end to cold wars and hot wars, and an end to covert wars and dirty wars.

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Nicaragua, in the same context, states its profound grief at the tragedy which occurred in the Sea of Japan and considers that a careful and objective investigation of the circumstances in which it occurred is necessary. It is also disagreeable to note the scandalous and dishonest manoeuvres distorting the true nature of this grief, transform­ing it into pharisaism, hypocrisy and manipulation. Nicaragua hopes that the peoples of the world may learn from this terrible drama the lesson of respect for the sovereignty of States, whatever their size or power. Let us not feed the flames of hate and incom­prehension, let us not stimulate tensions and brutality, but rather promote human reason. So that the spectre of war may not lead to madness and paranoia, let us set free the spirit of fraternity in all its beauty and creativity and may peace reign in the world."

12. The Chief Delegate of the United Kingdom

"It is a great privilege for me to address the Assembly and to have the oppor­tunity to express on behalf of my Government our sincere thanks for the warm welcome which has been extended to all delegates by the Government of Canada, the Province of Quebec and the people of this city of Montreal. It gives me particular pleasure to join in welcoming the States-of Antigua and Barbuda, Grenada, Kiribati, Vanuatu and Zimbabwe, all of which were until now represented here by my Government. It gives us both joy and pride to see them standing among us in their own right.

My only regret is that this occasion should be over-shadowed by the shooting down of the Korean airliner on 1 September with the tragic loss of 269 lives including a number who were citizens of my country. Our deepest sympathy goes out to all those who were touched by this disaster. We share their grief but also their anger at the shameless and. callous nature of the statements made by the responsible Soviet_ authorities who have tried to excuse themselves by seeking to pin the blame on others.

Despite the elaborate safety procedures which have been developed over the years under the auspices of ICAO, aircraft do still stray from their intended flight path from time to time. The U.K. Civil Aviation Authority which monitors North Atlantic traffic tells me that only last.month an IlyushJn 62 of Aeroflot was more than 60 miles off-course. Fortunately, such incidents will only rarely entail an unintentional penetration of sovereign airspace. But when they do, our joint responsibility under the Chicago Convention to ensure the safety of civil aviation - and our common humanity -demand not the shooting down of a target but the provision of appropriate assistance to get the aircraft safely back on to its route. There is no excuse for shooting first and asking questions afterwards - every one of the questions put by the delegate of the USSR could have been answered without the loss of a single life if the aircraft had been allowed t.o land safely.

Nothing we do or say here can restore the lives of those innocent passengers, but the best memorial to them - the only one we can build - must be to commit ourselves to the full, open and impartial investigation of what took place; a thorough and search­ing review of the relevant provisions of the Chicago Convention and its Annexes; and the urgent conclusion of any further arrangements which may help to prevent the

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recurrence of such an event. The Council has already set such work in train. I suggest that the overwhelming message to come from this Assembly must be one of horror and disgust at what has occurred, a clear determination to prevent any recurrence and the fullest possible support for the Council in its further endeavours to that end.

I am confident that such endeavours will find widespread support in this Assembly, throughout the international civil aviation community which we represent, and the travelling public whom we serve. "

13. The Meeting adjourned at 1230 hours.

1.

A24~MIN. P/8

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Minutes of the Eighth Meeting

(Fridav, 23 September 1983, at 1430 hours)

SUBJECTS DISCUSSED

Statements by Delegations of Contracting States and Observers (Agenda Item 2, continued)

SUMMARY OF DISCUSSION

Agenda Item 2: Statements by Delegations of Contracting States and of Observers

2. At the invitation of the President statements by delegations of Contracting States resumed, the speakers at this meeting being the Delegates of Peru, the United States and Algeria.

3. The Chief Delegate of Peru

"On a day such as today, the 23 September, on which we commemorate the 73rd Anniversary of the successful air crossing of the Alps by the pioneer of world aviation, the Peruvian pilot, Jorge Chavez, who lost his life at Domodossola at the conclusion of his flight, thus sacrificing himself for the development of civil aviation, then in its beginnings, a date which in my country has been set aside as the "Day pf Peruvian Civil Aviation", there is no need to highlight the determined vocation of Peru to contribute to the development of international civil aviation.

By the very nature of its steeply inclined territory, Peru has had to find ways of overcoming the distances of our extensive forests and the summits of the Peruvian Andes. Consequently, our civil aviation is developing and constantly improving from the professional and technical points of view. There are many populated centres in our country which can be reached only by air. This has led our aeronautical authorities to constantly improve air navigation equipment, communications and technical systems to ensure the highest degree of safety for aircraft in flight, as well as maintenance, fuelling and spare parts, sometimes in the most difficult geographical, climatic and operational conditions. At the same time, it-·ha·s been necessary-to"-ouild airports, some of them with requirements for Category I international operations, others of an inter­mediate level and some a mere air strip which allows take-off and landing in the most difficult conditions, with a view to linking the most remote points on our territory with advanced industrial and commercial centres.

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All this has obliged us to look for the most appropriate air navigation techniques for our country, some of which are applied in other parts of the world, in the spirit of co-operation which guides my country, as it does the count~ies here represented, for it is one of the cornerstones of the philosophy underlying the structure of ICAO. Three Peruvian airlines, with modern air navigation equipment, link Lima with various cities in the world and there is no doubt that Peru holds a key posi­tion on the air routes of South America and those between South America and North America, Europe and Asia.

In spite of the serious economic difficulties which, like other countries, we have to face, the Constitutional Government of Peru is intent on improving technical services to enable the highest degree of safety to be achieved for aircraft in flight over our territory, to provide communications, fuelling and maintenance services and, particularly, to build new airports and improve existing ones both for national air services and for international air routes covering long distances and those linking us to neighbouring countries. This is because Peru, a determined promoter of Latin American integration, believes that over the forests or mountainous terrain uniting us with neigh­bouring countries, scheduled air services are one of the means which enable us to come closer together and develop our economies. A zealous defender of peace and respectful of the rules of international law and treaties it has signed, Peru is collaborating in the development of very precise rules and provisions to avoid the occurrence of events or situations in which the innocent lives of passengers and crews of civil aircraft, unaware of the circumstances endangering them, are lost or put at risk.

For the development of civil aviation, Peru receives co-operation from ICAO and the United Nations Development Programme and is pleased to host the South American Regional Office of ICAO, to which the Government of my country gives all possible support; the people and Government of Peru we~e particularly pleased to have received an official visit from the President of the Council, Dr. Assad Kotaite, last April.

We firmly believe in the future of this Organization and will continue even more earnestly our efforts for the complete achievement of its objectives, for which Peru, without being a Council Member, has for many years now maintained representation at ICAO, with a permanent office in Montreal, always ready to collaborate with the Organization and contribute to the success of its work. We consider it necessary that each and all the members of the Organization have equal possibilities of access to posts on its governing bodies through a real and effective rotation machinery, so that they can thus c~ntribute more directly and efficiently to the many important tasks performed by ICAO. We also take the opportunity to transmit to the Secretary General and person­nel working under his orders the congratulations of Peru for the diligence and high technical level shown in the Organization's work.

Residing permanently in Montreal, I wish to convey to the illustrious Federal Government of Canada and Provincial Government of Quebec and to the authorities of the City my thanks and those of my collabora~ors for the kind welcome we have received from them and the facilities they have provided us with to help us carry out our work.

A24-MIN. P/8 - 12-8-

I wish to express to you my heartfelt thanks for having elected me as Vice­President of our Assembly. I accept this appointment for myself with all modesty, but I am proud in that it has been given to my country, and as a member of the Latin American Civil Aviation Commission we also take it as an honour for the Region to which I belong.

Before concluding, I wish to assure you Mr. President and the Delegations participating in this Assembly that I shall do everything possible to contribute to the success of this important Meeting which has such difficult tasks to perform."

4. The Chief Delegate of the United States

"Mr. Presid~nt, in the normal course of events I would be standing here with the pleasant task of thanking our gracious hosts: the vibrant city of Montreal; the lovely province of Quebec; and my country's very good neighbor, Canada. I would be sincerely praising the splendid organizational work of the Secretariat. I would be welcoming the several nations who have joined ICAO since the 23rd Assembly. I would be pledging the efforts of my Delegation to making this 24th Assembly a successful one. I would then be joi~ing all of ypu. in completing the. work. planned for. this. (u5sembly. many .months. ago •.. l do all of that, but with a heart deeply sadden~d by an unexpected burden. There is the single, haunting episode that overhangs this Assembly.

As you are aware, 61 of'my countrymen perished on September 1. Nothing replaces those lives, but we are grateful to the world community for its response. I would like to thank this Assembly, on behalf of my country and in particular the victims aboard Korean Air Lines Flight 7 and their loved ones for the silent_tribute paid them by you. I would like to give special thanks to countries which have advanced specific ideas to prevent recurrence of such an incident. These ideas deserve prompt, thorough, and careful consideration. Finally, I wish to thank the multitude of delegates who have supported the Council resolution of September 16th, and those who have called for new ICAO endeavors to enhance the safety of civil aviation. Indeed, I have seen the world civil aviation community, almost as one, unite in deploring the senseless murder of 269 innocent travellers.

I do not rise to rebut the assertions of the Soviet delegate in his opening remarks. The facts themselves will provide all the rebuttal that is necessary. I do call upon the Soviet Union to forego its position of intransigence and challenge. Is it too wuch xo ask for understanding? To ask for integrity? To ask for compassion? To ask for expressions of regret? I call upon the Soviet Union to join the community of nations, which has spoken with one voice, in declaring that military attack against civil aircraft is unlawful. I call upon it to join with all of us in crafting the French, Canadian, and Austrian proposals to further codify this basic rule of law, so there can be no misunderstanding of the consequences for a nation unwilling to respect this fundamental principl-e.

A24-MIN. P/8 - 129 -

I hope we can move quickly in this Assembly and the other constitue~t elements of ICAO towards resolution of the unsettling concerns about flight safety posed by this predatory act. The Secretary General has begun the work of investigation. We anticipate an interim report within a month, and a complete report at the llOth Council. The U.S. for its part will do all it can to meet requests for assistance. Nothing less is required from all Member States.

The Secretary General will also examine the implementation of the Chicago Convention and its Annexes as they bear upon this incident, and report to the Council. The Air Navigation Commission is to move urgently to review the present provisions ~or for interception of civil aircraft and possible improvements. The French, Canadian, and Austrian proposals to inscribe explicit rules of law require expeditious action by our organization. These technical and legal steps have a single objective which is surely endorsed by all: to re-establish with certainty that civil aircraft are free from armed attack. ·we would ask the Soviet Union to join with us in implementing these steps. In these times of reaction to man's darkest instincts, can we not join together in a bright new hope that we will soon all be able to say with confidence··-- nevermore~"

5. The Chief Delegate of Algeria

"I should like first of all to express to you on behalf of the Algerian Dele­gation and the Algerian Government my sincere congratulations and best wishes for success on the occasion of your brilliant election as President of our Assembly. I am convinced that you will be anxious to make your contribution to the work of the Organization, its efficiency and international aeronautical co-operation. I add to this our particularly grateful appreciation with regard to Presiden-t Kotaite and Secretary General Lambert, whose wisdom and devotion are the credentials of our Agency. I should like also to welcome warmly the Representatives of the five new States which have joined ICAO since 1980 and whose presence today in this distinguished Assembly is not only evidence of the ever-increasing interest in our Organization and its universality but also of the hope placed in us by developing countries seeking the ways and means to master technology and achieve progress in the field of international aviation, thus overcoming the delay in this field that has accumulated for too many long years.

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My country which was in this situation immediately after acquiring national independence, responding to the needs of its development, rapidly implemented plans for construction and expansion of airport facilities, modernization of control centres, far-reaching programmes for the introduction of technical installations in the whole country, in particular in ·desert areas.

In parallel with this work, important efforts were made in the field of expand­ing domestic air transport facilities to encourage traffic and ensure coverage of all, including the most distant regions of the country. Furthermore, the international network was strengthened and extended to various countries of the earth, having regard to the situation of Algeria at the confluence of Europe, Africa and the Arab world; may I also mention that my country made an exceptional effort to extend the international network to our most distant African partners, thus contributing to the disenclosure of certain reg~ons of Africa with a view to sound international co-operation devoid of any strictly commercial consideration and for the sole benefit of the development of the region, in conformity with the spirt and the letter of the Convention which unites us and the Charters of the UN and the OAU which represent our hopes in the establishment of a world of solidarity and collective progress.

At a time when we are welcoming for the first time States which have just joined our Organization, it seems to us desirable to stress here the difficulties inherent in the situation of aviation in the developing countries and the relatively slow progress of international co-operation in this precise field, which has not enabled the developing countries to participate fully in the prodigious technical evolution nor to gain mastery of these technologies.

Algeria is convinced that the only solution to absorb this delay resides in the development of international co-operation and concerted efforts among all States of the world.

With this prospect in view, my country has already commenced, within the frame­work of ~he non-aligned countries in the Third World, to take the first steps towards international co-operation of the South-South type, incidentally, a positive complement to the North-South co-operation which is at the forefront of our concerns. It also goes without saying that co-operation between developing countries must be an important factor in the co-operation with developed countries that the international community calls for, and whose terms clearly reflect interdependence and the necessary international solidarity. In addition, international civil aviation presents an edifying example of interdependence. At this level, the essential questions revolve around the desire of developing countries to ellminate or at least alleviate their problems with respect to training of qualified personnel and experts, the transfer of high technology and finally the mastery and use of technical and technological facilities in accordance with their development needs.

For these reasons, the Algerian Delegation is convinced that this noble gather­ing cannot dismiss this dense network of problems from its concerns and will carefully discuss their different aspects in order to demonstrate once again its profound adherence to joint development of the international community. This line of work falls fully within the objectj_:c>~, tha.t 'Our Agency· ha-s. assigned itself and every Contracting State must work for the realization of these objectives by making its own contribution.

A24-MIN. P/8 - 131 ...:

It is true that our present deliberations are proceeding only three weeks after a civil aircraft in international service belonging to a Contracting State was destroyed in conditions which an Extraordinary Council Session of ICAO had to examine just before our gathering here.

This incident, we should not forget, was another in a series of destructions of civil aircraft in international service, including one particularly serious case in 1973 which led to an international conference being held in Rome where questions similar to those considered at the Extraordinary Council Session of 15 September 1983 were raised, unfortunately, without immediate result.

While deploring this incident and the loss of 269 human lives which it caused our country insisted during the Extraordinary Council Session of ICAO, as it insists , today, on the need to ensure aboslute safety of civil aircraft in scheduled international service, and stated its immediate availability to consider with a positive attitude any amendment and legal contribution likely to complete and strengthen the rules of inter­national law governing the safety of international flights and the procedures for inter­ception of civil aircraft, in a spirit of fair co-operation and goodwill, within the framework of respect for the sovereignty of the States and the Charter of the United Nations and rejecting any interference of a political connotation which could only turn the Organization away from its true objectives.

For all these reasons my country is anxious, within the Council of ICAO where it represents one region of Africa, to promote these noble ideas. In presenting its candidature once again for a second term of office it repeats, as in the past, its con­fidence in the spirit of co-operation and wisdom which animate our noble-Assembly and it remains convinced that the Assembly will strengthen the faith placed in it by the inter­national community, by undertaking an exhaustive study of all the agenda item·s and contri­bution to the establishment of better and mora fertile relations in the field of inter­national aviation.

Allow me to add, Mr. President, to the thanks that I owe to you, those that my Delegation wishes you to convey to Canada and the host Province for the warmth of the hospitality extended to us."

6. The Delegate of Iran noted that in his Statement at the 7th Plenary Meeting, the Chief Delegate of Iraq had announced that Iraq intended to propose the hosting in Baghdad of the Middle East Regional Air Navigation Meeting planned for 1984. He stated that his Delegation did not believe that Iraq would be a suitable site for this meeting, and said that it would be submitting a written statement on the subject later.

7. There being no further speakers, the meeting~ at 1510 hours.

A24-Min. P/9 -- 132 -

Minutes of the Ninth Meeting

(Saturday, 24 September 1983, at 1000 hours)

SUBJECTS DISCUSSED

1. Election of Contracting States to be represented on the Council (Agenda Item 9)

- Parts I and II of the election

2. Deadline for presentation of candidatures for Part III of the election (Agenda Item 9)

SUMMARY OF DISCUSSION

1. The meeting observed a minute of silence in honour of the memory of the victims of the fatal accident of Gulf Air which had occurred the previous day, the President extending the heartfelt sympathy of the Assembly to the Governments of Bahrein, Oman, Qatar and the United Arab Emirates as well as to the Government of Pakistan whose nationals comprised a majority of the passengers. The Delegate of Oman expressed appreciation on behalf of the Governments concerned.

Agenda Item 9·: Election of Contracting States to be represented on the Council

- Parts I and II of the election

2. The President then announced that the meeting ,had been called for the purpose of holding the first two parts of the Council election. Up to the present 122 Contracting States had registered at the Session. He referred to A24-WP/3 P/2 .which recalled the main features of the previous elections, and to Rules 55 to 62 of the Assembly's Standing Rules of Procedure which described the procedure under which the election would take place. The Assembly had already decided that ten States were to be elected under Part I and eleven-States under- Part II.

3. Ten States were standing for elect ion under Part I. Ballots were distributed and completed by the following 120 Contracting States, the minimum number of votes required for election therefore being 61:

Afghanistan Algeria Angola Antigua and Barbuda Argentina Australia Austria Bangladesh Barbados Belgium Bo·livia Brazil Bulgaria Burma Burundi Canada

Cape Verde Chile China Colombia Costa Rica Cuba Cyprus Czechoslovakia Democratic Yemen Denmark. Dominican Republic Ecuador Egypt El Salvador Ethiopia Finland

France Gambia Germany, Federal

Republic of Ghana Greece Grenada Guatemala Guinea Haiti Honduras Hungary Iceland India Indonesia Iran, Islamic

Republic of

A24-Min. P/9

Iraq Ireland Israel Italy Ivory Coast Jamaica Japan Jordan Kenya Kuwait Lao, People's

Democratic Republic Lebanon Lesotho Luxembourg Madagascar Malawi Malaysia Maldives Mali Mauritius Mexico Monaco· Morocco Nauru Nepal

- 133 -

Netherlands, Kingdom of the

New Zealand Nicaragua Niger Nigeria Norway Oman Pakistan Panama Papua New Guinea Paraguay Peru Poland Portugal Republic of Korea Romania Rwanda Saint Lucia Sao Tome and Principe Saudi Arabia Senegal Seychelles Sierra Leone Singapore South Africa Spain

Sri Lanka Sudan Sweden Switzerland Syrian Arab

Republic Thailand Togo Trinidad and

Tobago Tunisia· Turkey Uganda Union of Soviet

Socialist Republics United Kingdom United Republic

of Cameroon United Republic

of Tanzania United States Uruguay Venezela Viet Nam Yemen Yugoslavia Zaire

4. At the President's request the Delegations of Finland, Panama and Tunisia each provided a teller. The President announced the results of the balloting upon submission of the report of the tellers as follows:

Australia Brazil Canada France Germany, Federal Republic of Italy Japan Union of Soviet Socialist Republics United Kingdom United States

and declared all ten States elected.

111 votes 112 112 116 113 110 111

. 92 104 105

5. The Assembly then proceeded to Part II of the election. The President noted that there were 13 candidates for the 11 seats and stated that any ballot on which votes were cast for more than 11 seats would be invalid. The minimum number of votes required was 61, 120 States participating in this vote. The results of the ballot, announced by the President after the tellers had reported, was:

A24-Min. P/9 - 134 -

Argentina 109 votes Belgium 105 II

China 109 II

Egypt 106 II

Greece 38 II

India 111 II

Lebanon 99 II

Mexico 111 II

Nigeria 109 II

Norway 101 II

Spain 110 II

Turkey 25 " Venezuela 105 "

The President declared Argentina, Belgium, China, Egypt, India, Lebanon, ~exico, Nigeria, Norway, Spain and Venezuela elected.

Deadline for presentation of candidatures for Part III of the Council election

6. The President announced that candidatures for Part III of the election must be submitted in writing to the Secretary General by 1300 hours on Monday, 26 September. The election for Par~ III would be held at a Plenary meeting on Tuesday, 27 September at 1430 hours.

7. The meeting adjourned at 1300 hours.

- 135 -

Minutes of the Tenth Meeting

(Mo~day, 26 September 1983, at 1000 hours)

SUBJECT DISCUSSED

1. Statements by Delegations of Contracting States and of Observers (Agenda Item 2, continued)

SUMMARY OF DISCUSSION

A24-Min. P/10

Agenda Item 2: Statements by Delegations of Contracting States and of Observers

1. The presentation of statements under Agenda Item 2 was completed with statements from Delegations of three Contracting States, one non-Contracting State and eight inter­national organizations in the order in which they appear below:

2. The Chief Delegate of Romania

"It has become quite clear in the last decades that the provision.of transport services is one of the most important factors for bringing peoples closer together and establishing good relations among them.

In modern·times no nation can allow 'itself to live in isolation.

This is the reality that has demonstrated the validity of this un~versal truth, which has required, in civil aviation also, immense efforts on the part of nations with a view to the organization and guidance of this complex industry.

The International Civil Aviation Organization has succeeded since its creation in achieving recognition as the competent, wise.and flexible authority which has always found sound solutions for all problems, which has given each nation a feeling of its use­fulness as well as a sense of independence and equality.

Romania, a developing country, has made great efforts for modernization of its civii aviation. The Romanian Government, especially in the last 18 ·years, has developed its .fleet and its ground facilities, installing an efficient aeronautical infrastructure and following a policy of free access for all airlines from all countries of the world which wish to operate air services to and from Romania, in conformitY.· with the principles of reciprocity.

.A24..-Min. P/10 - 136 -

The Romanian· Government is firmly convinced that in the present stage each nation must help its working partners. As a developing country, Romania considers that its general efforts must be supported by a policy which will allow it to overcome possible difficulties, such as, for example, permission for landing and take-off on the territory of the United States with B-707 aircraft which slightly exceed the local values prescribed for noise and engine emission.

Romania continues to participate in all ICAO activities and expresses its confi­dence in the authority of the Organization and its exceptional accomplishments in all the specific fields.

At the present moment our work is affected by rather serious problems. The Romanian Government is convinced that the Organization will once again, by means of co­operation, find sound,·sure and efficient solutions to overcome the difficulties, with a view to the development of ihternational civil aviation. This is the reason for the existence of the Organization, which has always shown increasing competence, upholding the justified aspirations of all the ·nations of the earth without the slightest discrimination."

3. The Chief Delegate of Senegal

"It is an honour and a privilege for me to take the floor at this 24th Assembly of our Organization. First of all you will allow me to express the complete support which His Excellency Abdou Diouf, President of the Republic of Senegal, conveys you on the occasion of your work, which no doubt will be crowned with success.

This is an opportunity for me to congratulate you on being elected to conduct the work of this Assembly. I should also like to thank the President of the Council and the Secretary General of ICAO and their principal colleagues for their indefatigable efforts in· the service of the international aeronautical community and for all the practical steps that have been taken so that our meeting may proceed in the best conditions.

My thanks go also to the Government and people of Canada for their warm welcome and their unfailing hospitality.

As you know, ICAO has entrusted to Senegal the management of an important air­space covering a certain number of African countries and a large part of the Atlantic Ocean.

This airspace is crossed day and night by international flights. Dakar, our internati<:>e-na..Lairport is a veritable crossroads for routes linking Europe and North and South America ·and is also a starting point for flights serving West and Central Africa.

The Dakar International Airport is equipped with an extensive runway responding to the standards for B-747 and with Category II landing aids.

An automated message transmission centre with satellite or cable links provides considerable support for the aeronautical fixed telecommunications network.

A24-Min. P/10

- 137 -

A project for installation of primary and secondary radar for surveillance and control of air traffic is now in an advanced stage and to this series of achievements is added an air terminal with improved search equipment in premises reserved for transit and embarkation of passengers.

In addition, Dakar has the privilege of being host to the ICAO Regional Office, and also a certain number of other institutions working for international civil aviation; the African Civil Aviation Commission (AFCAC), the Agence pour la Securite de la Navigation Aerienne en Afrique et a Madagascar (ASECNA) have their Headquarters in Dakar.

I seize this occasion to pay tribute to the essential role played by ASECNA in the field of safety and regularity of civil aviation in the African countries - indeed ASECNA takes the place of 14 African countries to exercise safety of navigation in their airspace. Through the recent introduction of an air traffic control serv.ice in the immense Dakar Oceanic FIR, ASECNA is continuing to deserve our confidence.

Its contribution, which requires no further proof, made it the recipient of the Edward Warner Award in 1972, the highest distinction that ICAO can confer in this field.

Having regard to all of the above, the Government of Senegal has decided to present its candidature for re-election to the Council of ICAO, in order to be able to continue more than ever to pursue its role in international civil aviation.

Our Organization is holding its 24th Assembly at a time when all our minds are turned towards the tragedy of flightKAL-007 of Korean Airlines, shot down· in the night of 31 August to 1 September by a Soviet military aeroplane; this caused the death of 269 innocent persons.

Senegal, through my voice, presents its most sincere condolences to the bereaved families.

ICAO, one of whose tasks it is to ensure safety of passengers, has the duty of taking every measure so that such a tragedy may not occur again. Senegal for its part has already expressed its views on this extremely serious incident and for that reason has supported the Resolution of 16 September 1983 in C-WP/7696 adopted by the Council of ICAO.

Our country will participate in every effort and initiative for the strength­ening and the improvement of existing means in order to ensure the safety of passengers.

Finally, I thank all the Delegates to this Assembly for the mark of confidence which they have once again shown by honouring my country, electing Mr. Diogomaye DiOp, Civil Aviation Engineer and Director of Civil. Aviation in Senegal, as Chairman of the Economic Commission of this Session of the Assembly. Mr. Diop will strive, with the efficient co-operation and support of all the Delegates to discharge according to your wishes the responsibilities that you have been kind enough to confer upon him."

A24-Min. P/10

- 138 -

4. The Observer from the German Democratic Republic

"The Delegation of the German Democratic Republic wishes to thank you for this opportunity to address the 24th Session of the ICAO Assembly and to inform the partici­-pants about developments in the civil aviation activities of our country. At four international airports, the German Democratic Republic provides services to aircraft from more than 40 States. In 1982 the civil air traffic control service of the German Democratic Republic provided control to the aircraft of more than 180 foreign airlines in the airspace of the Republic. The aircraft of the German Democratic Republic regularly operate on international routes extending over more than 120 000 km, including 40 airports on four continents. We have signed bilateral air transport agreements with 52 countries.

The Government of the German Democratic Republic requires all civil aviation personnel in the German Democratic Republic to comply strictly with the Standards, Procedures, Recommendations and Conventions of ICAO. The strict observance of these requirements has had the result that for many years now there have been no accidents involving passengers at our airports, on board our aircraft or in our airspace.

This is proof that compliance with ICAO rules in the operational, technical and economic fields as well as in regard to Air Law ensures a reliable level of safety for international flights and fosters the development of aviation links with other countries.

The infraction of ICAO rules by pilots and incidents of unlawful interference with civil aviation, on the other hand, disturb the established order for the conduct of international flights, as happened on 1 September in the airspace of the Soviet Union.

We would like to express our regret over the loss of life. An analysis of the known facts shows that this was a premeditatea action in which a civil aircraft with passengers on board was used for intelligence purposes. At the same time there was a serious violation of the Chicago Convention and of the Standards of ICAO concerning the conduct of international flights.

In our view the investigation of the incident by the Soviet Union in accordance with Annex 13 and a report on its results to ICAO will assist in establishing the reasons for the violation of the rules contained in Annex 2.

We fully support the development of new rules, aimed at preventing similar incidents in the future."

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5. The Observer from the African Civil Aviation Commission (AFCAC)

"First of all I would like to extend the greetings of the AFCAC to all the participants at this Assembly. I would also like to express our gratitude to the government and people of Canada, to the government and people of Quebec and to the city of Montreal for the warm hospitality accorded us. At this juncture I would a~so like to congratulate Mr. Raben for his election as President of the 24th ICAO Assembly.

It is an honour and a pleasure for me, as President of the African Civil Aviation Commission, to be able to address this 24th Session of ICAO's Assembly taking place at a momentous time in the history of civil aviation, due to the world­wide economic difficulties which have placed a strain on this important industry. For developing countries, and, particularly for African countries, the difficulties are becoming more and more serious. That is why we noticed with satisfaction that the agenda includes, among other things, several issues relating to t4e problems facing the development of air transport particularly in developing countries and that the economic problems of the industry will be prominent during this Session of the Assembly.

I should mention here that through the ever existing co-operation between ICAO and AFCAC many achievements have been accomplished and many others are expected. In fact such co-operation between ICAO and AFCAC is not new. It goes back to 1969 when AFCAC was set up as the regional African Organization in charge of developing air transport in Africa. Its consitution provides that AFCAC must "encourage the applic­ation of ICAO Standards and Recommendations on facilitation and supplement them by further measures aimed at greater facilitation on the movement by air of passengers, cargo and mail." The same constitution also provides for arrangements under the auspices of AFCAC between member States whenever these arrangements will contribute to the implementation of ICAO specifications in the fields of airworthiness, maintenance and operation of aircraft. It also provides for the same arrangements between member States to encourage the maintenance of standards in licensing of personnel and also in the procedures for aircraft accident investigation.

One of the most important fields where co-operation between ICAO and AFCAC has achieved considerable progress is "Training". AFCAC has developed a programme for the training of pilots with a view to the standardization of the content and duration of the training. The programme was developed in co-operation with the African Airlines Association and ICAO. A second programme for the training of aircraft technicians was similarly developed. AFCAC has also been concerned with the problem of standardizing

.the procedures for the issue of licences to technical personnel in order to foster closer co-operation between African airlines in the field of joint utilization of technical facilities and human resources. In this connexion a joint AFCAC/ICAO/AFRAA co­ordination meeting which took place at the AFCAC Headquarters in Dakar in November 1982 where ·important conclusions were reached. Manpower and training needs in Africa were the subject of a survey conducted in 1974/75 by ICAO under the auspices of the UNDP and this was followed by a general plan for meeting the training needs of civil aviation personnel as revealed by the survey. This plan was adopted by AFCAC and it was updated in 1978 during a conference jointly arranged by OAU, AFCAC, UNDP and ICAO. Among other things this conference which took place in Geneva in May/June 1978 dealt with matters regarding the funding of the already suggested multinational centres in Africa for

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pilots as well as aircraft technicians. These are namely at Mvengue in Gabon and the training centre at Addis Ababa, Ethiopia. I am happy to report that the convention establishing the Mvengue Centre in Gabon entered provisionally into force on 17 March 1982 and the first meeting of the Board of Governors took place in Libreville in July 1983. The Addis Ababa Centre is also progressing although the sharp cut in funding has slowed down its progress. ICAO is assisting in the establishment of both centres and in securing the necessary funds from the UNDP.

As far as the training of air transport economists is concerned, AFCAC has arranged for a programme of training in this field through allocation of fellowships from training facilities existing in Africa.

I would like at this juncture to express our gratitude to the Egyptian Government for providing fellowships to their fellow African States to train in this field at the Cairo Training Centre. I am also happy to report that arrangements are under way for the training of African personnel in the Tunis Civil Aviation Centre. In this regard, we are making arrangements for fellowships to be provided by the Arab League for training for the Tunis Centre. I would therefore like to express our gratitude to the Government of Tunisia as well as to the Arab League for their contrib­ution to the development of civil aviation in Africa.

In the air transport field, apart from the complementary work programme of the two Organizations, that is ICAO and AFCAC, I would like to acknowledge here the importance of the regional studies conducted by ICAO to assist States to plan and to adopt an appropriate strategy in air transport by providing them with current inform­ation on trends and developments, indicating obstacles to further development and measures to overcome these obstacles. The studies conducted by ICAO for the African Region, namely, the study on "International Air Passenger and Freight Transport" pub­lished in 1979 and which wilL be updated by ICAO in 1984 as well as the study of "The contribution that civil aviation can make to the development of national economies of African States" are concrete examples.

AFCAC has also got regional studies and these include: A feasibility study on the "Optimum development of air services in Africa" which aims at improving the productivity of the air transport system in Africa. This subject was very much high­lighted at the seminar organized by AFCAC in Addis Ababa in 1982. The study is being carried out by the Institute of Air Transport on behalf of the African Civil Aviation Commission and is financed by the French Government. I express our gratitude to the Government of France. Another feasibility study is under way concerning the creation of a co-ordinated network of maintenance and overhaul facilities, the purpose of which is to reduce the cost of maintenance and overhaul of aircraft and consequently operating costs. Ultimately this will enhance standardization and joint use of equipment. The feasibility study was proposed by AFCAC within the framework of the U.N. Transport and Communications Decade.in Africa and was financed through the co-operative activities between the African Civil Aviation Commission and the African Development Bank which secured the necessary funding from the Norwegian Government. I would like to thank the Norwegian Government for this assistance.

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I would like to assure you that AFCAC will do everything within its power to preserve and strengthen its relationship with ICAO so that the African Civil Aviation can benefit more and more from the constructive and positive contribution of ICAO to the development of civil aviation in Africa.

Before I conclude, I would like to congratulate all those States which were elected on Saturday in Parts I and II. It was very heartening on Saturday and it is our hope that tomorrow on Tuesday when we do the final part of the elections, the same understanding would be expressed. Finally, I wish to express my best wishes towards the success of this Assembly."

6. The Observer from the Agency for the Security of Aerial Navigation in Africa and Madagascar (ASECNA)

"It is always an outstanding pleasure and privilege for ASECNA to participate in the Assembly of ICAO which brings together the highest aviation authorities from around the world, and to seize this opportunity to express briefly the concerns of the moment which it considers fundamental in regard to air navigation in the sub-region.

I am very happy to convey to you the greetings of the President and the Director General of ASECNA who are unable to be here and have asked me to represent them at this august Assembly.

May I first congratulate you on your brilliant election and thank the Canadian authorities for having facilitated our entry and our stay in this beautiful country.

This Assembly is meeting at a time when the economic situation is particularly critical at the international level in general and at the African level in particular.

The harmful effects of the present situation are keenly felt and weigh directly on civil aviation, in particular air navigation which is one of the most sensitive sectors.

ASECNA, whose objective is the planning, establishment and management of the facilities necessary for the safety of air navigation on behalf of its 14 African member States has had to confront the difficulties of the economic crisis both with regard to investments for equipment and the day-to-day operation of these facilities.

It is however a pleasure for me to state that despite these difficulties it has been able to achieve the essentials of its pr.ogramme, to the great satisfaction of its member States which have thus been able to appreciate, in the midst of this international storm that we are traversing, the solidity of their communal institution, which in spite of everything, has been able to make large investments for the implementation of the necessary facilities and services for international civil aviation which each country in isolation would certainly have found difficulty in accomplishing.

In particular, ASECNA has continued with the improvement of the management of its airspace by means of a vast extension of controlled areas, modernization of its equipment, intensification of management training, strengthening of its engineering offices, achieve­ment of technological transfer, extension of its co-operation with neighbouring States; in brief, it has made every effort to provide aeronautical users with the best possible bene­fits at the lowest cost.

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These results have been made possible thanks to co-operation and regional integration of the air traffic services of several African States which have been com­being their efforts for 24 years.

Our conviction is stronger than ever that a regional group of the ASECNA type is necessary for developing countries.

The advantages of association of States in the field of air navigation have become evident to the African States which adopted a Resolution along these lines at the AFI/6 Regional Meeting at Arusha; this need seems to be further confirmed with the accentu­ation of the economic and financial difficulties in our Region.

ICAO, for its part, has encouraged us to continue strengthening this association, which prevents balkanization of airspaces-, by conferring on us in 1972 the Edward Warner Award.

There were those who feared that an association of the ASECNA type would deprive the member States of all or part of their sovereign rights in the field of civil aviation.

I can assure you t.hat a quarter of a century's experience has shown us that nothing of the kind occurred and no conflict of authority has ever been recorded; because in its concept and its operation ASECNA_does not have any supranational character but on the contrary constitutes a: very flexible and efficient community system.

Aware of the numerous advantages that the member States of ASECNA derive from their institution because of its unity and convinced of the interest of co-operation and association among other States in all fields of civil aviation, I express the wish that this idea of union and co-operation with a view to providing the best services at the low­est possible cost be examined by th{s Assembly so that appropriate recommendations may be formulated for the attention of the Contracting States.

We are not necessarily advoc~ting the creation of bodies identical to ASECNA of which I can only stress the proven merit: several formulae are indeed possible according to the aeronautical context of each Region; it is only political will that appears at present to be lacking, that is a field in which ICAO's action in creating awareness, providing information and supervision can bear fruit.

Allow me, however, to express the wish that a new awareness and a new policy may spring forth in the States, so that the unceasingly constraining worldwide crisis may be opposed by a strategy based on concrete, operational, international, regional and sub-regional co-operation.

This, it seems to me, is what is required so that international civil aviation, through the interplay of contiguous circles may everywhere rapidly and durably attain the level of efficiency required to contribute at the lowest cost to the economic and social development of the entire globe and thus promote the bringing together, friendship, understanding and progress of peoples.

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I could not conclude my address without extending my formal thanks to ICAO, in particular to its President, Dr. Assad Kotaite, its Secretary General, Mr. Yves Lambert, and the Director of the ICAO African Office for the concern, the constant support and the encouragement which they have never ceased to show ASECNA. May I pe allowed to recall to everyone the efficient work carried out by ICAO in implementation of facilities and co­ordination: I should like to refer to the study on telecommunications in Africa as a concrete example of its participation in efforts to implement facilities. Our gratitude and our congratulations go also to the Technical Assistance Bureau and its services whose dynamic co-operation, understanding and efficiency have always been highly appre­ciated by ASECNA and its member States ..

Finally, I should like to mention the particularly harmonious and beneficial relationships which exist between IATA and ASECNA within the framework of continuing consultations and exchanges, constituting exemplary co-operation between users and. managers of civil aviation services. We thank IATA and its leading figures for its active support and understanding which we appreciate at its true value."

7. The Observer from the Latin American Civil Aviation Commission (LACAC)

"It is a great honour for me to address you at this 24th Session of the ICAO Assembly, on behalf of the 20 member States of the Latin American Civil Aviation Commission, which once again is fully participating in these proceedings. First I should like to reiterate our thanks to ICAO, not only for the administrative support it has given to LACAC since its foundation, but primarily for the constant work ·of information and guidance performed by ICAO for the main problems affecting international air transport.

When LACAC came into being in Mexico City on 14 December 1973, our initial activities were mainly concentrated on closely co-operating with ICAO in the implement­ation of the regular work programme of ICAO in the fields of statistics, fac.ilitation and in general the economic aspects of air transport.

Accordingly and for various reasons, the international aeronautical community had not yet thought of exhaustively examining and finding solutions within the framework of ICAO, for the major problems affecting the economic and orderly development of inter­national air transport.

Fortunately, from the time of the Special Air Transport Conference held by ICAO in April 1977, it became clear that it was necessary to lay down criteria and directives at a worldwide level to regulate capacity and establish an orderly system in the field of tariffs.

On the basis of the sound principles laid down in the Chicago Convention, LACAC has always been an advocate of the economic regulation of international air transport. Resolution A3-2, establishing multilateral tariff-setting machinery in the Region in 1978 and Resolution A4-7 adopted in 1980, in which member States undertook to abide by the principle of predetermination of capacity, are the most important manifestations of Latin American regional policy in the field of international air transport and it should be recognized that, just as both Resolutions included the principles and criteria laid down by ICAO Air Transport Conferences, LACAC Resolution A3-2 in turn inspired the Second Air Transport Conference to recommend that international tariffs be set multilaterally and that IATA Traffic Conferences be resorted to as a first option.

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The progress made by ICAO in implementing the Recommendations of t~e two Air Transport Conferences, which can be observed by the Assembly when it comes to examine Agenda Item 18, has, in the opinion of LACAC, been considerable: In this regard, we should point out that the agreements we have achieved in LACAC with regard to the con­clusions and recommendations of the ICAO Fares and Rates Panel concerning uniform treat­ment within the Region of questions such as denied boarding, baggage allowances and excess baggage charges and other transport conditions associated with rates and fares, clearly and unequivocally indicate that ICAO at the world level and LACAC at the re­gional level are working in the same direction and towards the same objectives.

Specifically with regard to Recommendation 19 of the Special Air Transport Conference, I should mention the recent publication of the ICAO Manual of Tariffs, which will undoubtedly be of great value and assistance to Governments to enable them to suc­cessfully assume their responsibility for setting or approving international rates and fares. In this field and as regards LACAC, I also wish to point out that the multi­lateral tariff setting mechanism is working very well in our Region, thanks to the close co-operation that exists between LACAC, AITAL and IATA.

Likewise and with reference to the principles guiding LACAC in regard to the economic regulation of international air transport, special comment should be made concerning the situation resulting from non-ratification of the four Montreal Protocols relating to the Warsaw System, which regrettably has compounded the increasingly alarming risks of ending up with unlimited liability. LACAC recently held a meeting in Rio de Janeiro to examine this problem and, agreeing with the Legal Committee of ICAO, reached the firm conviction that ratification of the four Montreal Protocols was an imperative necessity if travel and international trade by air was to develop in an orderly, efficient and economic manner on the basis of a system of homogeneous, stable ~nd equ~table liability. Once again and as at the 1980 Assembly, we must express our concern at certain unilateral decisions which are in conflict with Resolution A23-10 adopted by ICAO concerning the implementation of standards for aircraft noise since, as the Head of the Delegation of Chile stated, the airport authority of one country sud­denly, and contrary to the position of the federal provisions of that country, advanced the date of implementation of the standards in question to 1 January 1983.

Finally, and in connexion with Agenda Item 12 concerning technical assistance, I wish to mention the efforts currently being made by the States in the Region to develop and improve national and regional aeronautical training centres. For this purpose and in order to achieve standard levels of qualification in the countries in the area, it has been found necessary to maintain and increase the assistance that ICAO and the UNDP are providing in this field through regional projects.

In conclusion, I wish to inform you that the LACAC States which will be commem­orating the lOth Anniversary of the creation of our regional body on 14 December next, are proud to belong to ICAO, because ICAO provides wise inspiration and guidance for problems affecting the Region not only in the economic field of air transport but also in the technical field of air navigation and in the field of air law. We are sure that these discussions of the Assembly will still fur.ther increase our confidence in the future work of the Organization."

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8. The Observer from the Organization of African Unity (OAU)

"May I, first of all, express my delegation's sincere appreciation to the Secretary General of the International Civil Aviation Organization for having invited the Organization of African Unity to take part in this 24th Session of the ICAO General Assembly, and to congratulate you upon your deserved election to preside over the deli­berations of this Session of tthe Assembly. I also wish to bring to you the greetings and best wishes of H.E. Dr. Peter U. Onu, Interim Secretary General of the OAU for the success of this Assembly. ·

The commitment of the Organization of African Unity to accord a major place to transport and communications in the Lagos Plan of Action for the economic develop­ment of Africa re-affirms the'significant role African countries have always attached to the development of infrastructure in the process of economic and social development. On the basis of the United Nation.' s Transport and Communications Decade for Africa, the Lagos Plan of Action assigned a full Chapter to transport and communications develop­ment. Thus, in Africa today there is a widespread concern for transport planning and the achievement of the objectives of the Lagos Plan of Action toward the ultimate goal of rapid economic development. The huge capital investments which have been ear-marked for transport development, ranging between 20 and 40 per cent of all public sector investments, stems from the realization of the impact transport has on overcoming the hurdles in the way of changing the economic structure for a better future for Africa.

The importance of civil aviation and air transport in Africa cannot be over emphasized. Of the 18 land-locked countries in the world, 13 are in Africa. All these 13, except 2, are grouped among the least developed countries. The development of air transport and civil aviation constitute not only an important factor for their development but also for their very survival as sovereign States. It is for this reason that Africa has worked hard to create and encourage the promotion of regional institutions in the field of civil aviation under the umbrella of the Afric~n Civil Aviation Commission. These institutions need the assistance and co-operation of the international organizations as well as the other regional organizations to build the necessary human and material infrastructure in the field of civil aviation.

The Organization of African Unity and the International Civil Aviation Organization have had a long standing and very fruitful relationship. In fact it was the joint efforts of the OAU, ICAO and ECA, during the second half of the sixties, which eventually gave birth to the African Civil Aviation Commission (AFCAC) in 1969. Today, AFCAC is a solid instrument of co-operation in Africa and a major catalyst in the improvement and development of air services in Africa. AFCAC is a Specialized Agency of the OAU and hence it is OAU's operational arm in the implementation of the Lagos Plan of Action in the air transport sub-sector.

In more recent years, the OAU and ICAO in co-operation with ECA, AFCAC ~nd UNDP have been.instrumental in a crucial area of civil aviation in Africa, namely, training. As reported earlier this morninebY the President of AFCAC, the question of civil aviation training merited such special attention that during 1975 and 1977 both the OAU and AFCAC policy maki~g bodies recommended the establishment of a

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co-ordinating committee to consider the problem of civil aviation training in Africa. After extensive studies and lengthy discussions on the needs of Africa in which ICAO and-UNDP fully participated, the establishment of training institutions was finally concretised. Hence today the Addis Ababa and Mvengue training centres in Ethiopia and Gabon respectively, constitute significant factors in African civil aviation training and manpower development efforts. We hope that the necessary finances will be made available in the spirit of international co-operation so as to make these centres effectively and efficiently operational. We also appeal to all organizations and countries to provide AFCAC and the African countries with all assistance to allow them to carry out their programmes in the field of civil aviation.

The agenda of this Assembly Session is charged with very important matters and issues in the field of civil aviation. The economic situation of air transport in the world has very far-reaching implications for a developing continent like Africa. Regulation of international air transport services, air transport rates and fares, high cost and availability of fuel while constituting major problem areas for the inter­national community have a multiplied effect on the developing countries in general and Africa in particular. The aviation industry in Africa being young as it is, the countries of our region have found themselves vulnerable to foreign unilateral and bilateral actions in this field. Be that as it may it is forums as eminent as this which can help us meet our genuine and urgent needs in civil aviation so that we can become equal partners in this vital sub-sector of the world economy. On our level we have spared no effort in ensuring African co-operation and optimum development of air transport in the continent; But the benefits of this effort are only minimal unless the international community, recognizes that its actions do not undermine the aspir­ations of Africa towards a self-reliant and sustained economic and social development. Africa is not bent to nor can it afford to create a block in competition to any region in the highly competitive economic sub-sector of civil aviation. But we welcome and will try to promote co-operation as honest partners. We shall, however, resist any measures designed to strangle our young aviation industry and interference with our authentic development effort. We shall always make a positive contribution in the field of civil aviatiqn and I hope we shall have equally positive response and action from the other members of this august Assembly.

I thank you for your attention."

9. The Observer from the Airport Associations Coordinating Council (AACC)

"It is a great honour for the AACC to attend this session of the ICAO Assembly The AACC Constituent Associations - AOCI, ICAA and WEAA - consist of some 370 international airports. I shall confine my remarks to a few topics of major concern to airport oper­ators, airport authorities and national airport associations.in 95 States.

First the economic situation. The first few hopeful signs of recovery may be detected in several industrialized countries. However, in many parts of the world infla­tion and recession still prevail. This situation has hit hard all segments of the air transport industry. Airports are faced with fast-growing construction and operational costs and must recover these by formulating suitable charging policies. AACC is deeply concerned about repeated allegations made by many airlines, their associations and other

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bodies, about so-called "galloping" airport charges. In many cases, these allegations hide inconsistencies in airline reporting, which lump together airport charges with en­route charges, handling charges, airline station expenses and other unrelated charges. Airports are only responsible for the charges they themselves levy. Let's set. the record straight. Airport charges remain an exceptionally stable component of airline operating costs. According to ICAO, in 1982, on a worldwide scale, they accounted for 3.5% of the airlines' total operating costs, a percentage which is, in fact, lower than those for the years 1972 to 1979 and has been exactly the same since 1980. Airports must collect suf­ficient revenues to carry out their functions properly, maintain the right to determine their own economic policies, and their ability to be financially self-sustaining.

The second subject I wish to mention is airport capacity. Whilst a large number of airports currently have surplus capacity, air services to and from these uncon­gested airports are likely to be affected by capacity constraints at the busy destination and origination airports. Capacity problems in the air and on the ground are interlinked so, close co-ordination between governmental authorities, airline and airport operators is essential to maximize utilization of airport capacity. Sound economic planning and management of airports requires a long lead time. Whereas airlines performing in a constantly changing environment focus on the short term market and can almost overnight redeploy equipment on other routes, airports are conc·erned with long term planning be­cause their investments, once made, are relatively inflexible, and their major construc­tion projects stretch over many years.

The third topic I wish to touch upon is facilitation. AACC strongly supports the need for facilitating international civil aviation and reducing border-crossing formalities and procedures for air passengers to the minimum, with due regard to public health, security, and other requirements. The close co-operation between AACC and IATA in this area recently resulted in the adoption of a wide range of joint position papers. These deal with the dual channel system of customs clearance, the elimination of out­bound passport and customs controls, the simplification of procedures for inbound passengers, airport ground transportation, and other relevant topics. We db hope that the joint AACC/IATA views, which have been communicated to ICAO and other international organizations, will encourage governments to accelerate the implementation of ICAO Annex 9 facilitation provisions.

My fourth point is aviation security. AACC strongly deplores the tragic destruction of a South Korean civil airliner three weeks ago. We trust that at ICAO all the facts will be brought to light and energetic measures will be taken to prevent another such tragic incident in the future. AACC is also strongly concerned about the continuous unlawful seizure and diversion of aircraft and other acts against airport facilities. We fully support ICAO resolutions on technical measures for safeguarding international civil air transport against acts of unlawful interference and will continue to co-operate fully with ICAO in this vital area.

Next topic is aircraft noise. Alt.hough this scourge, which has plagued us now for the last two decades, no longer draws the headlines, it still constitutes a primary constraint upon the development of civil aviation. AACC remains concerned about ICAO's 1979 recommendation that its Contracting States take no action which would prohibit,

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before January 1988, flights into and out of their territories by foreign registered sub­sonic jets not certificated to ICAO noise standards. Aircraft noise does not affect all States to the same extent. In fact, earlier compliance dates have been fixed by a growing number of States and AACC believes that such action should be strongly supported. AACC regrets the lack of progress at the recent CAN/7 meeting on the reduction of maximum noise levels, and believes that, unless more stringent noise standards are adopted, increasing restrictions could be imposed on helicopter and aircraft operations at noise­sensitive airports. ICAO should update Annex 16 specifications periodically to ensure a steady and continuous reduction in aircraft noise~ AACC hopes that more airlines will be able to accelerate the replacement of old, noisy and fuel inefficient aircraft by air­craft equipped with the latest technology, and so reduce the impact of noise and emissions and promote protection of the environment.

The last topic I wish to mention is airport planning, design and operation. AACC strongly supports the continuation of the EAO Airport Characteristic Data Bank. Since 1973, this Data Bank, which reports on some 90 types of data for over 1 000 air­ports, proved a valuable tool for enhancing airport/aircraft compatibility, and should therefore be maintained. Ramp safety is another important feature in AACC's work pro­gramme. In November, AACC and IATA will run a joint annual worldwide ramp safety campaign. This campaign, expected to take place at some 300 airports, is aimed at achieving a reduction in the number of ramp accidents and the consequent injuries, damages and financial losses.

Whenever consulted, AACC readily provided ICAO with its views on the topics I referred to earlier and other subjects of major interest to airport operators. Since the last Session of the ICAO Assembly in 1980, AACC actively particpated in numerous ICAO worldwide and regional meetings. AACC's experts also continued to contribute to the work of some twelve ICAO Committees, Panels and Working Groups.

AACC, its Constituent Associations and their member airports are most pleased with this close co-operation between ICAO and AACC, and hope that it will grow even more in the future. I thank you again for the opportunity to address this Session, and wish you every success in your debates."

10. The Observer from the International Air Transport Association (IATA)

"On behalf of the now 125 members of lATA, ·it is an honour and pleasure for me to address this 24th Assembly of the International Civil Aviation Organization. IATA is proud to work closely with ICAO in a common effort to develop and perfect our multilateral system of air transport that so well serves the world community. Close and harmonious co-operation continues between our two Organizations. On the technical side, the day-to-day liaison is highlighted by the regional air navigation meetings, in particular the successful Asia Pacific RAN meeting held earlier this year. On the economic front there has been useful participation by IATA in the various regulatory and fares panels, and ICAO has been attending many of our tariff conferences.

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The background of this Assembly is a sombre one and I join those speakers who have expressed their sympathy to the families of those who died in the KAL Korean Airlines tragedy. At a special meeting two days ago, lATA's Executive Committee deplored the use of force against civil aircraft and strongly urged governments to take all steps necessary to prevent any possible recurrence. Our Executive Committee has also directed lATA's technical and legal .experts to examine possible measures required to ensure such a tragedy is never repeated and I can assure ICAO of lATA's complete co­operation and assistance if and when required.

The international aviation industry, as already mentioned by several speakers, has faced over the past three years the most difficult and trying economic circumstances in its history. As indicated at last Friday's meeting of the Economic Commission, this was largely due to the combined effects of fuel increases, then inflation and high interest rates and more recently economic recession. Traffic has been stagnant - with declines on many routes. For individual carriers there have been casualties en route, some of them quite spectacular - and as we have been reminded over this last weekend we have probably not seen the end of this. Collectively over the 1980-1982 period IATA member airlines international scheduled service incurred cumulative operating losses of $1.7 billion, with losses after interest payments in excess of $5.5 billion. This has created a profitability gap of $10.6 billion in relation to financial requirements for the essential equipment replacement in the 1980s.

This Assembly provides not only an opportunity to review the past, it also is a platform to chart possible directions for the next three years. In this respect there are emerging signs of improvement. Improved macro-economic conditions may soon be providing a small boost to traffic. Strenuous airline efforts to increase product­ivity and reduce costs are beginning to show returns. These efforts have involved route rationalization, equipment deferral, improved operational procedures and staff and wage cuts. The latter have been both widespread and substantial - regrettably at considerable human sacrifice.

We anticipate that collective operating results will be in the black this year and on to 1985. Regrettably, however, the net financial result will still be heavily in the red due to the colossal interest burden. (Interest rates remain high and successive years of operating deficits have increased airline debt load.) Carriers are striving to shed some of this load; at the same time they must gear up for plant and fleet modernization programmes essential for greater fuel efficiency and to meet more rigorous provisions of environmental laws. The air transport industry is strug­gling to overcome the debilitating combination of recession and ill-timed regulatory experiments, and cannot continue to consume its dwindling capital base. The conse­quences, as has been seen with the railways - will surely impact on the tax payer.

Against this background the airlines' primary goal must be to improve profitability while maintaining reliable service at affordable prices. A sustained recovery of airline finances presupposes a combination of ingredients. I have referred to the welcome prospect of less volatile world economic conditions. I have also referred to vigorous efficiency measures in all areas under airline control; these ef­forts will continue with particular emphasis on exploiting the potential of cost-savings through increased automation involving improved data and communications technology.

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The airlines will have to ensure that they make more efficient use of their capacity. They will also have to ensure that their tariffs are not only economic but also clear and market responsive. In this respect there is a need for carriers and governments to co-ordinate their policies and practices relating to market reform.

Airline activities, individually and collectively, will have to remain sensitive to regional or local conditions without detracting from the essential world­wide nature of international air transport. The pace of aviation development is far from uniform and programmes and policies have to take account of such regional dif­ferences: not only in the structure of international fares and rates, but also in activities which might channel particular services to individual airlines. In this respect, lATA's Programme for Developing Nations' Airlines is co-ordinating a major new programme of training courses to meet the special needs of smaller airlines of the developing world.

The carriers are well aware of the problems and pressures faced by regulatory authorities, and they are prepared to work in a positive manner with governments. The airlines look to their authorities, however, to avoid policy extremes. Such extremes whether of "open skies" or protectionism - erode the viable basis required for inter­national airline operations. The carriers do believe that interplay of market forces can act as a spur to promoting airline efficiency and innovation. At the same time government involvement is inevitable in international air transport between sovereign nations. And history has demonstrated the essential practical value of co-operation in international aviation for its customers in creating an integrated system to which the pass-key is one ticket, worldwide.

The search for a measured governmental approach to policy differences has crystalized in the recent Memorandum of Understanding between tbe United States and the member States of ECAC. This is an innovative experiment which has made it possible for the airlines to grapple again with the complexities of pricing - a role for which they are best equipped. The Memorandum of Understanding is not necessarily a model for other areas. It is an experiment, however, with a new approach to compromise which may provide pointers for other parts of the world.

Another area, where government action has been most beneficial involves improve­ment of the air route structure by providing more direct routes. Over the past three years real progress has been made, particularly in Africa and Latin America. The co­operation of the States concerned and the resultant savings are indeed greatly appreciated by the airlines. But a few intractable problems with the air route structure remain, particularly in Europe, and airlines look to governments for action there that would help reduce costs and hold the line on fares. Within ICAO, governments will also be addressing during the coming triennium questions of new and emerging communications technology. The challenges in that area will be to ensure cost effectiveness and to integrate thes~ technologies more widely than has traditionally been the case.

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Airline operators are particularly looking to governments - individually and through ICAO - to reduce constraints arising in such other areas as user charges, restric­tions on the transfer of funds and customs and immigration procedures. Complex and even more important are the barriers to co-operative activity arising from attempts. to apply national competition laws internationally. Accepted operations are threatened with the added potential for the carriers incurring major costs. The airlines are also sensitive to the need to ensure that the emerging interest in aviation of other inter-governmental organizations, in the general context of trade in services, does not produce a new costly regulatory layer of bureaucracy. ICAO should remain the central instrument of govern­ments in world aviatiou matters.

IATA has submitted a number of working papers to the various Commissions which develop a number of the points which I have briefly touched upon today. We look forward to a constructive discussion on these and other issues."

11. The Observer from the International Chamber of Commerce (ICC)

"The ICC with Headquarters in Paris, is the only private worldwide organization of international business, representing national associations in industrialized as well as developing countries. It is also a meeting place fo~ users of transport. In its Air Transport Commission carriers and users discuss common problems.

The ICC has a direct interest in the regulatory regime for international air transport as it may affect international commerce. In principle, the ICC advocates free enterprise and fair competition as the best way to stimulate trade and ensure economic growth.

The ICC, however, recognizes the special features which characterize the present­day air transport industry, and the reasons why the industry is being regulated by governments on a bilateral basis.

In 1979 the Council of the ICC released a Policy Statement on international air transport, advocating a more liberal regime for air carriers, to be arrived at in a gradual way. Being concerned with increasing protectionism in international air transport and the deterioration of the financial health of the airline industry since then, the ICC Council has now issued a new Policy Statement for the 1980s, giving its more detailed views on the many aspects of air transport regulation.

The objective of the Statement is to. contribute to finding a worldwide solution to the problems of international air transport regulation through the establishment of an 'orderly freedom', instead of trying to achieve 'order through unfreedom' (protectionism).

While the ICC acknowledges the structural need in civil aviation', for multi­lateral solutions, especially in the field of tariffs, routes, capacity· and traffic rights, the Statement accepts the value of bilateralism under the prevailing circumstances.

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It is, therefore, that the Statement recommends that within the existing bilat­eral framework, States and airlines adopt policies which gradually allow for more competition, more flexibility of operation for the air carriers, less government inter­ference with airline management, in short less protectionism.

Less protectionism, for the ICC, also means no discrimination, no national or bilateral market preferences, but national treatment for carriers with respect to the possibilitie-s to market and sell air transportation in a foreign country. It should be noted here that the carriage of traffic on a carrier's own air services would remain subject to bilaterally authorized routes and capacity, where, however, a measure of flexibility for the carrier should apply.

Finally, the Statement recommends standardization of the administrative clauses of bilateral air agreements, which provisions should be applied on a most-favoured-nation basis.

The Statement does not promote de-regulation of the airline industry. Neither does it call for inter-governmental multilateral regulatory solutions.

What it does, is urge governments and airlines and their international organiz­ations to reach a multilateral understanding to abandon 'protectionism in the air' as it is practiced today, as a principle for arrving at 'law and order in the air'.

I termed the objective of the Statement as 'orderly freedom', as opposed to such a dubious slogan as 'regulated competition'. What should be regulated is any 'abuse' of freedom, for freedom means 'due regard' for the freedom of others, to deploy the very activity which the freedom is intended to make possible and promote.

As specific points of the Statement, t may mention here the preoccupation of the ICC with the tariff situation in.international air transport. We used to have tariffs agreed upon on a multilaterally co-ordinated basis on the airline level through the IATA Traffic Conferences, with occasionally restricted Government-ordered fares. Today we are faced with ever more restrictive and unco-ordinated government-ordered fares, incorpor­ating restrictions as to their levels and their use by individual airlines. The ICC advocates a rehabilitation of the multilateral system for tariffs, be it on a voluntary basis with only an ex-post-facto control by governments. Thus the possibility for indi­vidual pricing would remain open.

On behalf of the ICC, I may herewith submit the ICC Statement on a 'Policy for International Air Transport in the 1980s' for the Assembly's consideration and guidance."

12. The Observer from the International Federation of Air Line Pilots' Associations (IFALPA)

"It is a privilege to address this the 24th Session of the Assembly on behalf of the International Federation of Air Line Pilots' Associations, representing 60 000 pilot members from sixty-four ICAO member States.

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IFALPA is proud of its association with ICAO over a period of thirty-four years and of our active participation in the continuing work of the Organization. The Feder­ation maintains a permanent observer at the Air Navigation Commission. More importantly, we provide participation by active airline pilots in 28 Council Committees, Air Navigation Panels and Secretariat Study Groups. ·

In the field of regional affairs, IFALPA has elected 20 Regional Vic-Presidents whose advice and current operational experience is always available to the States and ICAO Regional Offices.

The economic/financial problems have inevitably produced pressures to reduce the budget of ICAO, and the costs of administrations and operators. It is to be expected that even greater pressures will be exerted at this Assembly, and in the future, but IFALPA must urge that safety continues to have the highest priority. It is our opinion that ICAO must not reduce its efforts to achieve the aims and objectives set out in Article 44 of the Chicago Convention.

There are now many more member States than there were when the Convention was drafted. Many of those States lack the resources to carry out the studies and planning required to make civil aviation as safe as possible .. We fear that, if the budget and activities of ICAO are significantly reduced, the interests of many of the developing States will be prejudiced. We hope, therefore, that the decisions to be taken at this Assembly will take that thought into account and set out to meet the requirements of the majority of States.

The same considerations apply when the UNDP Technical Assistance Programme is considered, for the pilots of IFALPA see the good results that flow from this·programme. The assistance provided in the training of personnel has been particularly effective and we are aware that many improvements in facilities and procedures had their origin in the Technical Assistance Programme.

At the 23rd Assembly, IFALPA drew attention to the continued threat posed by acts of unlawful interference with civil aviation and it must be stated that the problem stiil remains, although good progress has been made in securing signatories and ratific­ation of the three related conventions. There remains a need to improve security at many aerodromes used for national and international flights and it may be that where a particular problem is known to exist there would be benefits to be obtained if the States concerned concluded bilateral agreements supplementing the provisions of the three con­ventions.

The Federation welcomes the increased emphasis now being given to obtaining the implementation of the ICAO Regional Air Navigation Plans and we express the hope that the 25th Assembly will be able to record that all the plans have been implemented. It is, however, a source of considerable concern that Standards and Recommended Practices that have been adopted, are sometimes not implemented and, furthermore, that ICAO is not informed by the.States as it should be. The airline pilots of the world experience the consequences of non-implementation, and they are perhaps more directly affected than any other persons. It is not unusual for a pilot to operate to aerodromes and in the airspace of more than fifty States in a single year. It is that exposure to the consequences of ICAO decisions that makes the Federation a strong supporter of ICAO and all that is set out in Article 44 of the Convention.

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The Federation is aware that its status as a·1non-governmental organization properly places restrictions on its activities at the Assembly but your consideration is requested for a problem that is of immediate concern to all airline pilots. The problem that has arisen is the criminal liability of pilots involved in civil air transport accidents and we would welcome a decision for ICAO to study this problem. It is an important and urgent matter, for if it should become common place that criminal prosec­ution becomes commonpractice, it is inevitable that serious consequences will arise. The nature of aviation is that air safety can only be achieved by an unrestricted flow of safety information. Pilots and crew members who have been involved in serious incidents or accidents, must be able to provide to the investigation and inquiry all available in­formation without consideration as to possible personal consequences. We believe that the long-term interests of air safety require that the matter be studied by ICAO.

It is our responsibility to ensure the safety of all who fly with us. We take this responsibility seriously and accept our duty in this regard. Our role as airline pilots does not normally bring us to centre stage but there have been rare occasions when we have had to stand up and say 'stop - enough'.

The tragedy of the first of September eli.cited an overwhelming response from the international airline pilot community and the event focussed intense worldwide public attention on the safety and security of international flights. The enormous implications of this act caused the Federation's member associations to move to protect their members, and the travelling public. On the 5th of September IFALPA issued the call 'stop - enough' in condemnation of policies and procedures that cause any civil aircraft to be destroyed or put in jeopardy - unfortunately this act is not an isolated case but only the latest in a continuing series of incidents. Following previous incidents ICAO procedures were developed or improved upon, but it is obvious. that they are inadequate and deficient.

Considering the gravity of the circumstances, the Federation's response to this latest incident has been one of relative moderation and has carried with it the sincere hope that ICAO and the States, who have the full power and authority, will ensure that an effective and lasting solution is agreed and implemented. The action that IFALPA has taken is a visible sign of the determination of airline pilots worldwide to achieve this objective. We have not sought, nor will we seek, retribution. The resolutions involving possible legal and technical measures adopted by the ICAO Council on Friday, the 16th of September provide a welcome vehicle for such a solution and we appeal to you to take up your responsibility and ensure measures are adopted that will guarantee that this kind of incident will never again occur. We are determined to maintain our posture until we are convinced that positive action is being taken to remove this threat to civil aviation. There must be a basic assurance to all who travel by civil air transport that they will not be subjected to military attack.

I respectfully submit that the world's airline pilots have a right to expect that ICAO accept its responsibility in this matter."

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....;. 155 ..

13. The Chief Delegate of the Republic of the Gambia

"It is a great honour for me to represent the Republic of the Gambia at the 24th Assembly of the International Civil Aviation Organization and to address tbis august body. I would like to seize this opportunity to express my sincere appreciation to the Government of Canada, the authorities of the Province of Quebec and the people of the City of Montreal for the warm welcome extended to my delegation in this beautiful and magnificent city.

Gambia, one of the most recent members of the International Civil Aviation Organization, has made great strides in civil aviation development since its membership. Her investment-programmes have been made in airport infrastructure, runways, aprons, airfield lighting and terminal buildings. The first two phases of development covers extension of the runway at Banjul Airport to 2 850 metres and the construction of associated aprons and airfield lighting. Phase 3 involves extension of the runway to a further 3 600 metres and increased parking apron. I am happy to report that most of the funds for such a development were provided by a fellow Member State - Saudi Arabia - for which my Government is grateful.

The next phase, fourth phase of development, will include an independent power station, cargo terminal extension of existing terminal and buildings and a re-organization of air navigational aids to gradually lead on to the eventual installation of an instru­ment landing system at Banjul. Phase 4 is expected to commence in November of this year.

Throughout these phases of development the Standards and Recommended Practices of ICAO have been implemented. The success of these development programmes is a testimony to the spirit of ICAO and its objectives for the advancement of international civil aviation. I have no doubt that the contr.ibution of ICAO will continue throughout its various missions, meetings and workshops held through its Regional Office in Dakar, Senegal.

You will probably notice, as I have mentioned earlier, that our civil aviation development is closely related to the degree of support we receive from ICAO. ICAO is going through a trying phase due to the present world economic situation. However, I have the fullest confidence that it will weather the storm.

This Assembly will examine the various issues presently facing international civil aviation and in future. States have maintained their numerous obligations to international civil aviation by following the Standards and Recommended Practices. How­ever, one must remember that there are many factors that might make this task difficult. Whatever these factors are, as long as they are consistent with the objectives of ICAO, the task ahead should not be difficult to overcome.

I wish that the deliberations of this Assembly will be characterized by the same success as that of previous Assemblies. "

14. The meeting adjourned at 1255 hours.

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Minutes of the Eleventh Meeting

(Tuesday, 27 September 1983, at 1430 hours)

SUBJECT DISCUSSED

1. Election of Contracting States to be represented on the Council (Agenda Item 9)

- Part III of the election

SUMMARY OF DISCUSSION

1. The President announced that the meeting had been called for the purpose of conducting the third part of the Council election under which the Assembly had previously agreed that twelve States should be elected. Noting that there were thirteen candidates for the twelve seats, he reminded Delegates that, in accordance with Rule 60 of the Assembly's Standing Rules of Procedures (Doc 7600/4) any ballot on which votes were cast for more than 12 seats would be declared invalid. He then drew attention to the main documentation for the item - A24-WP/3 which gave a historical account of previous elections and the Memorandum of the Secretary General dated 26 Septemberl983which listed the States which had submitted their candidatures for election to the Council in Part III, in accordance with Rules 58 and 59 of the Assembly's Rules of Procedure. He also noted that A24-WPs/55, 60, 63 and 69, pre­sented by the Delegations of Iraq, Kenya, Iran (Islamic Republic of) and Guatemala, respectively, were for information only.

2. Ballots were then distributed and the following 124 Contracting States

Afghanistan Algeria Angola Antigua and Barbuda Argentina Australia Austria Bangladesh Barbados Belgium Benin Bolivia Brazil Bulgaria Burma Burundi Canada

Cape Verde Chile China Colombia Costa R.ica Cuba Cyprus Czechoslovakia Democratic Yemen Denmark Dominican Republic Ecuador Egypt El Salvador Ethiopia Finland France

Gambia Germany, Federal

Republic of Ghana Greece Grenada Guatemala Guinea Guyana Haiti Honduras Hungary Iceland India Indonesia Iran, Islamic

Republic of

A24-MIN. P/11

Iraq Ireland Israel Italy Ivory Coast Jamaica Japan Jordan Kenya Kuwait Lebanon Lesotho Liberia Luxembourg Madagascar Malawi Malaysia Maldives Mali Mauritania Mauritius Mexico Monaco Morocco Nauru Netherlands,

Kingdom o£ the

- 157 -

New Zealand Nicaragua Niger Nigeria Norway Oman Pakistan Panama Papua New Guinea Peru Philippines Poland Portugal Republic of Korea Romania Rwanda Saint Lucia Sao Tome and Principe Saudi Arabia Senegal Seychelles Sierra Leone Singapore Somalia South Africa Spain Sri Lanka

Sudan Sweden Switzerland Syrian Arab

Republic Thailand Togo Trinidad and

Tobago Tunisia Turkey Uganda Union of Soviet

Socialist Republics United Kingdom United Republic

of Cameroon United Republic

of Tanzania United States Upper Volta ·uruguay Venezuela Viet Nam Yemen Yugoslavia Zaire

having cast votes, the· President noted tha.t the m~nl.Dlum number of votes required for election would be 63. He then ~nvited the Delegations of Ecuador~ Malaysia and Nigeria each to provide. a. teller •. The tellers having reported the results of the ballot, the Pre$.iden t next announced the ri.umiier of votes eacn candidate received, as follows:

Algeria 113 votes Colombia 113 votes Czechoslovakia 103 votes Guatemala 106 votes Indonesia 118 votes Iran, Islamic

Republic of 29 votes Iraq lOS votes Jamaica 113 votes Kenya 117 votes Madagascar 113 votes

Pakistan 115 votes Senegal 115 votes United Republic

of Tanzania 108 yotes

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and declared elected Algeria, Colombia, Czechoslovakia, Guatemala, Indonesia, Iraq, Jamaica, Kenya, Madagascar, Pakistan, Senegal and the United Republic of Tanzania.

3. The meeting.;adjourn~d .. at 1620 _hours.

.1.

2.

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- 15"9 -

Minutes of the Twelfth Meeting

(Saturday, 1 October 1983, at 1000 hours)

SUBJECTS D,ISCUSSED

l\pproval of Minutes of the First, Second, Third, Fifth, Eighth, Ninth and Eleventh Meetings

Reports by CoDUllissions and CODllllittees .of the Assembly and action thereon (Agenda Item 10)

Approval of Reports of the Executive CoDllllittee on Agenda Items 4 , 5, 5 .1, 6, 8 and 9

Approval of Report of the Executive CoDllllittee on Agenda Item 7

SUMMARY OF DISCUSSION

Approval of Minutes of the First, Second, Third, Fifth, Eighth, Ninth and Eleventh Meetings

1. The Minutes of the First, Second, Third, Fifth and Eighth Meetings were approved subject to the changes indicated. Those of the Ninth and Eleventh Meetings were approved in the form presented. It was understood that delegations who had not had time to study their interventions carefully could submit changes to them to the Secretariat.

Agenda Item 10: Reports by CoDllllissions and CODllllittees of the Assembly and action thereon -

Approval of Reports of the Executive CoDllllittee on Agenda Items 4, 5, 5.1, 6, 8 and 9

2. . The President, in his capacity as Chairman of the Executive CoDllllittee, presented that body's reports on the above agenda items in A24-WP /103 and they were approved without change.

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Approval of Report of the Executive Committee on Agenda Item 7 (Extraordinary Session of the council)

3. The President next submitted for the Assembly's approval the repo~t of the Executive Committee on the Extraordinary Session of the Council presented in A24-WP/105.

4. During the course of the debate, the Committee accepted suggestions for changes to certain paragraphs as follows:

Paragraph 7: llo

Paragraph 7:16, fourth line:

eleventh line:

Paragraph 7:19, ninth line:

· fourteenth line:

Paragraph 7;21, third line from bottom on page 7-10:

end of paragraph:

Insertion of Denmark, France, Italy, Jamaica, Spain. and the United Kingdom among the list of co-sponsors of WP/77

Replacement of "expressed satisfaction" by "vigorously supported"

Deletion of "obligational"

Insertion after, "vote" of a phrase along the following lines: "after having asked for the concomitant reading of the two resolutions submitted to the Council"

Replacement of "present system" by "UN system"

After "Iran" insert "(Islamic Republic of)"

Add "However, the Islamic Republic of Iran condemned the endangering of safety of civil aircraft."

5. The Delegate of France drew attention to the initiatives his country had taken in proposing one of the resolutions and two of the· decisions·· on the subject reported on by the President of the Council to the Assembly. His delegation felt that the resolutions and decisions of the Extraordinary Session of the Council reflected a balanced approach to the legal and technical considerations of this problem and responded positively to the anxiety of the international civil aviation community. For that reason, he proposed adoption of the draft resolution as presented in WP/105.

6. The Delegate of the Union of Soviet Socialist Republics stated that his dele-gation opposed adoption of the Resolution of the Extraordinary Session of the Council of 16 September 1983 prior to completion of full investigation of the incident because they found it incriminating and politically tendentious in character. The Resolution ignored the fact that the USSR's sovereignty had been deliberately violated and it did not encompass all the aspects of the problem to ensure effective safety of flight in civil aviation. Noting that a number of delegations, including his own, had submitted specific

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proposals to the Assembly on this subject because of their concern and conviction that effective steps should be taken to ensure the safety of civil aviation, he gave assurance of his country's desire to co-operate in developing measures which would enhance the safety of civil aviation. He therefore urged all delegations present to show objectivity in taking a balanced approach to this problem so as to preserve the mutual understanding and co-operation which exis~ within ICAO.

7. The Delegate of Poland reiterated views he had expressed earlier on the Resolu-tion of the Extraordinary Session of the Council of 16 September when his delegation had stated that the Assembly should instruct the Council to examine all the questions dealing with the safety of civil aviation raised during discourse on this subject. His delegation felt that decisions on the South Korean Airlines incident should be taken only after com­pletion of the investigation. Bearing that in mind and, taking into account the various views expressed by other delegations as well as the results of the vote in the Executive Coiiiiilittee, he formally proposed that "ENDORSES" in the second clause of the draft resolu­tion in WP/105 be replaced by "NOTES". Pursuant to Rule 48 of the Assembly's Rules of Procedure, he requested that the vote on his amendment be taken by secret ballot.

8. This proposal was supported by a number of delegations (including Afghanistan, Bulgaria, Cuba, Czechoslovak Socialist Republic, Hungary, Romania, and Viet Nam) some with explanations which are recorded immediately following this paragraph.

9. The Delegate of Cuba recalled the view he had expressed in the Executive Coiiiiilittee that his delegation saw merit in the resolving clauses of the Council Resolution but like other non-aligned countries, did not think the preambular clauses were impartial. They had therefore abstained in the vote on Draft Resolution 7/1 in the Executive Committee and now wished to support the Polish proposal.

10. The Delegate of the Czechoslovak Socialist Republic opposed adoption of Draft Resolution 7/1 because his delegation felt that the Council Resolution failed to respect the sovereignty of States and ensure completion of the investigation to be carried out •. He found the amendment suggested to Resolution 7/1 by the Delegate of Poland rational and supported it as well as his proposal for a secret ballot.

11. The Delegate of Hungary supported the Polish proposal feeling that the preambulary clauses of the Council Resolution of 16 September were unbalanced l..n that conclus:ions were drawn prior to completion of investigation of the incident. She encouraged an objective attitude towards solving the acute problems facing international civil aviation taking into account the opinions of the majority of ICAO Contracting States. She felt that the Polish proposed amendment to Draft Resolution 7/1 took account of the views expressed by many delegations in the Executive Committee and she hoped that its acceptance would achieve a broader support of Resolution 7/1.

12. The Delegate of Nicaragua, in his statement during the opening of the Assembly, had referred to violations of its airspace. His delegation felt that it was within the legitimate rights of all States to maintain jurisdiction over their national sovereignty and that the ICAO Assembly seemed somewhat insensitive to the violations which had taken

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place constantly in Nicaragua. He made these-remarks because of.his ~onvietion'that the pertinent issue under consideration concerned the concept of sovereignty which he believed should be maintained against intrusion for purposes of espionage by certain States. H~s

delegation had abstained in the vote taken in the Executive Committee on the Resolution of the Extraordinary Session of the Council because the investigatio:, had not been completed. He supported the Polish proposal.

13. The Delegate of Ireland, on behalf of the co-sponsors of the draft resolution in WP/105, opposed the Polish amendment. In the view of his delegation failure by the Assembly to give its endorsement to the Resolutions adopted and decisions taken at the Extraordinary Session of the Council on the 15th and 16th September would amount in effect to a repudiation of the Council's initiative in this matter. He believed that there was no realistic middle ground. The Council's initiative had already been widely publicized as ICAO's position.in the matter. If the Assembly failed to approve and endorse the Council's action, as the Executive Committee had so emphatically recommended, it would undoubtedly amount to an undermining of the Council's initiative. That would be the interpretation that would be taken by the outside world, which would be fully justified in doing so because no other interpretation could with credibility be advanced. He therefore appealed to all delegations to accept the draft Resolution recommended by the Executive Committee which represented the true will and intention of a significant majority of the Contracting States. Failure to endorse the Council's initiative loudly and clearly would do nothing to inspire confidence in the Organiza·tion. The Delegate of Japan supported this proposal wholeheartedly feeling that it was important that the Assembly endorse the initiative taken by the Council. He supported adoption of the Resolution without change.

14. Several delegations joined the previous speakers in opposing the Polish proposed amendment. They included the delegations of Australia, Canada, Chile, Colombia, Denmark, the Federal Republic of Germany, France, Japan, Panama, Papua New Guinea, New Zealand, Mexico; United Kingdom •. Some made statements as reproduced below.

15. The Delegate of New Zealand viewed the proposed amendmenc as a weakening of the resolution which would jeopardize the credibility of the Organization whose main objective was to promote the safety and regularity of international civil aviation.

16. In opposing the Polish amendment, the Delegate of Canada felt that the weakest · form of acknowledgement any resolution in the United Nations system and its specialized organizations could receive was to "NOTE" it. Though that form of acknowledgement might be appropriate in some instances, he did not think it was so in the case of the resolution of the Extraordinary Session of the ICAO Council which dealt with a shocking incident which had tremendous impact on the world and on international civil aviation. Regarding the comments that the preambular clauses of the resolution were unbalanced and that they pre-judged the outcome of the investigation, he offered two comments: Firstly, in past analogous situations, the Assembly had not hesitated to condemn before the results of ~n inquiry were available. Secondly, he noted that the preambular clauses of the resolut1on of t-he Ex.traordinary Session of t-he. Council on this subject had not "CONDEMNED" but only ''DEEPLY DEPLORED" ·the incident. As to references to prejudging the results of the

A24-MIN. P/12 - 163 -

inquiry, he could only state that this was a reaction to the shock and revulsion of a majority of governments and peoples, including his own, regarding the Korean Air Lines flight 007 incident. Whatever the perceived circumstances in the view of the perpe­trators, there was no legal or moral justification for shooting down that aircraft and killing 269 innocent people. He therefore thought that completion of investigation was }rr~l~vant in th~t: e:ontext. He recalled ~hat the resolution of the Extraordinary Session of the Council had been approved by a strong majority both in the Council and in the Executive Committee and pointed out that it was not as forceful as some of its co-sponsors would have wished because of their aim of its achieving the widest possible support. He found the amendment proposed by the Delegate of Poland and other delegations which supported it totally unacceptable aml: exJ?ressed disappointment with those delegations who had abstained or opposed the Resolution adopted by the Council. In the view of his delegation, its non-adoption would be tantamount to a repudiation by the Assembly of the Council and failure of the supreme legislative body of ICAO to assume its responsibilities to the international civil aviation community. He therefore ~ejected the Polish amend­ment and recommended adoption of the resolution as presented in WP/105.

17. The Delegate of the Federal Republic of Germany joined other speakers who had opposed the Polish amendment, and recommended adoption of the resolution, stating that the international aviation community was expecting a positive reaction from the Assembly rather than noting what the Council had decided.

18. The Delegate of the Uni·ted States associated his government with the views expressed by the Delegates of Ireland, New Zealand, Canada and Japan in opposing the Polish amendment. On re-reading the Resolution of the Extraordinary Session of the Council of 16 September, his delegation found that its oreambular clauses properly responded to this deplorable incident involving the Korean Air Lines flight 007 on which the entire world was awaiting appropriate action by the Assembly. He pointed out that the .aircraft had been only within minutes of being outside the _Soviet airspace when it had been shot down, causing the loss of lives of 26q innocent vict~a. ·for those reasens and tn full recognition of Article 3 (d) of the Chicago Convention which stated that t'Tli~ c<:lntJ>acttng States undertake, when issuing regulations for their state aircraft, that they rill nave due regard for the safety of navigation of civil aircraft"·, t.liey felt that tfie Assemlily could do no less for the 750 million passengers a-year who flew on the airlines of the world than to adopt Resolution 7/1 as presented in Working Pap-;r 105.

19.. The Delegate of Colombia could not accept the Polish amendment, agreeing with the Delegate of Canada that "NOTES" was one of the weakest forns of acknowledgement that could be given a fesolution in the UN system. In the view of this delegation "to NOTE" the resolution of the Extraordinary Session of the As.sembly would pervert the spirit which had led the drafters of Resolution 7/1 to recommend it for adoption by the Plenary.

20. Recalling that the draft resolution in Working Pape~ iO~ had beendaih:o;~1i~~ a large majority in the Executive Committee, the Delegate of e S um oppose f proposal which he viewed as an alternative motion rather .than an amendment to Dra t Resolution 7/1.

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21. The Delegate of Panama associated his delegation with the views expressed by the Delegates of Ireland arid ·canada. Observing that the preambular clauses of the Resolution of the Extraordinary Session of the Council merely "DEPLORED" this tragic incident and recalled universally accepted principles, he re-asserted his delegation~ support for adoption of Draft Res.olution. 7/'1 without change.

22. The Delegate of Chile, whose delegation had co-sponsored Draft Resolution 7'/1, noted that this incident had occurred just prior to the opening of this Assembly. In the belief that the General Assembly was the appropriate forum to pronounce an official position on this matter, he urged ICAO to assume its responsibility and take the necessary action for which it was known to be competent. His delegation felt that it was incumbent upon the Assembly to endorse the action taken by the Council, noting that there had been wide support for it in the Executive Committee. He could not. accept the Polish proposal which he felt would weaken the action already accepted by a majority of States. As alluded to by the Delegate of Canada, the co-sponsors of Draft Resolution 7/1 had wished that stronger action be taken but in the interest of receiving the widest possible support they had settled for the text in Working Paper 105. In his vi~, it.was the obligation of the Assembly to safeguard the prestige and future of ICAO within.the objectives of the Chicago Convention and he therefore reiterated his support for the Draft Resolution in Working Paper 105 without change.

23. The Delegate of Papua New Guinea strongly opposed the Polish proposal which he felt would substantially reduce the strength of Draft Resolution 7/1. There being already extensive debate in the Executive Committee on this resolution, .he could only join other speaker·s who had stated that acceptance of the Polish proposed amendment would seriously endanger the credibility of the Council and ICAO at large· of which all Contracting States were Members.

24. The Delegate of Mexico associated his delegation with the views expressed oy the Delegates of Japan, United Kingdom and Canada. His delegation supported the resolution in Working. Paper 105 without -<;:hange- and_ opposed the Polish amendment.

25. The Delegate of Australia reminded t~e Assembly that world attention was being focussed on the deliberations on this subject and the action it would recommend. Action on the !esolution r~commended for adoption by the Executive Committee should leave no room for misinterpretation. His delegation therefore endorsed the views expressed by the Delegations of Ireland and Canada and could not accept any change to the draft resolution in Working Paper 105.

26. The Delegate of Algeria noted that there was, unfortunately, a spirit of confron-tation with political undertones with regard to the adoption of this Resolution and appealed t~ the Delegates present to explore all possibilities of reconciliation and potential d1 alogue. He felt very strongly that this Assembly should not conclude its business without finding some conciliatory formula that would enable the Council to implement the resolution.

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27. Tbe Delegate of India saw no reason for ~hasty decision on this subject and encouraged those delegations who had stressed the importance of civil aviation to consider the incident of 1 September with the profoundness that it deserved •. He felt that further discussion of the subject was necessary in order to achieve a wider consensus and thought that, perhaps, this could be achiev~d _ t_hrc:_u!?h cons~~:_C!tio~~-~~h the good offices of the President, further deliberations in the Executive Committee or a Special Working Group of the Assembly. He noted that the percentage of delegations which.had abstained in the vote on the Resolution of the Extraordinary Session of the Counc1l had increased from 10% in the Council to approximately 30% in the Executive Committee. If the Assembly should consider that of the 151 Contracting States only 68 had vo:ed in favour of the resolution, the majority who favoured it would not seem to be so overwhelm1ng. He :h~refore felt that there was further scope for discussion and would urge the Assembly to ut1l1ze

the available time at its disposal to achieve a wider consensus on this important subject. The President appreciated the appeal for further discussion and compromise. He however, reminded the Assembly of the large number of agenda items which remained to be dealt with and encouraged delegations to make every effort to reach an equitable decision on the subject at this meeting.

28. The Delegate of the United Republic of Tanzania stated that his delegation was not in a position to fully support the Resolution of the Extraordinary Session of the Council in its entirety. They fully supported the action decided upon to carry out a thorough investigation of the incident involving all concerned States. This, they hoped would lead to logical amendments to the Chicago Convention to prevent recurrence of a similar incident and ensure that air transportation would be even safer. His delegation found it difficult to support the Polish proposal which would weaken the action recommended by the Council and the authority of the Assembly.

29. The Delegate of Bangladesh reiterated his delegation's position on the resolution which they had supported with reservations. However, after a careful examination of the situation, he wished to draw the ·attention of the delegates to the broader aspect of the resolution and what it had actually sought to achieve - which was a thorough investigation of the incident. This fact had been publicized by the news media, which, in his opinion, had had the effect of reducing international tensions over the incident. Therefore, without in any way altering his deiegation's position on the subject, he appealed to the delegates to seriously consider closing all further debate on the matter and accept the resolution with the reservations and abstentions that had already been recorded in the Executive Committee.

30. The Delegate of Kenya expressed his concern regarding.the deliberations on this subject. He stated that he did not support the Polish proposal. However, he was not satisfied with the Resolution in Working Paper 105 either and suggested, in a spirit of compromise, that Draft Resolution 7/1 be amended to read· "ENDORSES the resolving clauses of the Resolution adopted and decisions taken at that Session," .. The D-elegate of Guinea supported the proposal.

31. The Delegate of Denmark strongly supported the draft resolution in Workin& Paper 105 as tabled and opposed any changes to it. Pursuant to Rule SO, he viewed the proposals of Poland and Kenya as separate motions rather than amendments to the draft Resolution 7/1 and opposed the proposal for a secret ballot on the Polish proposal.

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32. The Delegate of Poland thanked those delegations who had supported his proposal which, he felt constrained to explain, was not aimed at weakening the resolving clauses of the Council Resolution which would remain unchanged. It merely expressed the feelings of his, as well as other delegations present, that no judgement should be made before a~omplete legal investigation had been completed. It also recognized the desire of those delegations, such as Algeria and Kenya, who sought other solutions, aimed at the same objective of achieving a consensus while avoiding confrontation. Therefore, while maintaining his original proposal, his delegation was open to any positive action on the part of the Assembly.

33. The Delegate of France strongly reiterated his delegation's recommendation to adopt the draft resolution in Working Paper 105 as drafted since it had been approved by an overwhelming majority. He wished to associate his delegation with those who

.had called for consistency in the deliberations on this subject and, therefore, felt he could not support the proposals put forward by the Delegations of Poland and Kenya. Also, he saw no advantage in the Assembly taking a secret ballot on the Polish proposal.

34. Pursuant to Rule 50 of the Assembly's Rules of Procedure, the President ruled that both the Polish and Kenyan proposals should be considered amendments to Draft Resolution 7/1 since, in his view, their texts did not change the substance of the draft resolution. The substance of the Draft Resolution, he considered, lay in the reference to the Council decision and in the appeal to Member States-to co-onerate.in its implementation. The proposed amendments did not fundamentally aff~ct these aspects. The fact that they changed a worrl (in the case of the Poltsh proposal) or the reference to the considering clauses of the Council Decision (as opposed to its resolving clauses) which undoubtedly had a ~reat emotive importance for the authors of the resolution, did not in itself constitute a change ·of substance.

35. Though the Delegate of Denmark could understand the reasoning behind the President's ruling 1 he challenged it on the grounds that the proposals, if considered as amendments, would change the spirit of Draft Resolution 7/1. His delegation viewed them as substitute motions to be-voted on separately after a vote was taken on the draft resolution in Working Paper 105. The Delegate of Japan associated his delegation with the views just expressed and supported adoption of the resolution without change.

36. By a vote .of 49 in favour and 22 against the Danish motion, the President's ruling was reversed by the Assembly, resulting in both the Polish and Kenyan proposals would be conside:t:ed as alternative motions to be voted on separately after a vote was taken on the draft resolution in Working Paper 105.

37. The Delegate of the Czechoslovak Socialist Republic, supported by the Delegate of Bulgaria,requested that a secret ballot be taken on Draft Resolution 7/1. This proposal being opposed by the Delegate of Japan, the President directed, in accordance with Rule 48 of the Assembly's Rules of Procedure that a secret ballot be taken to ·determine whether there should be a secret ballot on the resolution. He explained that those who voted "yes" would be expressing the opinion that the resolution should be put to the vot·e by secret ballot and those who voted "no" would be rejecting that idea.

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38. At the request of the Delegate of the Czechoslovak Socialist Republic, he informed the Assembly that the number of delegations registered at the time of this meeting was 126. Ballot papers having been distributed and 108 delegations having cast votes, the President requested that the Delegations of Morocco, Cuba and Sweden _each provide a teller and upon their reporting he announced the results as follows:

In favour of a secret ballot: Opposed: Abstentions: Blank ballot:

48 votes 54 votes

5 1

The proposal for having a secret ballot having failed, he next proceeded to take a vote on the draft resolution in Working Paper 105. The results being 65 in favour, 10 against and 26 abstentions, Resolution 7/1 was adopted without change. ~nd the Report in WP/105 was approved with the changes indicated in paragraph 4 above.

39. The Delegate of Poland having requested that his proposal be next voted on, the President ruled, pursuant to Rule 51 of the Assembly's Rules of Procedure, that he could see no advantage in putting the substitute motions to a vote at this stage. In the belief that his proposal would receive even wider acceptance than the resolution just approved, the Delegate of Poland requested that the President reverse his ruling. The President of the Council, who agreed with the President's ruling, commented that when substitute motions were incompatible with basic proposals they were not put to the vote. He therefore could see no reason for proceeding with a vote on the Polish and Kenyan proposals and appealed to the Delegate of Poland to not press this point.·

40. At this juncture, the Delegate of Kenya formally withdrew his motion which he now felt would serve no worthwhile purpose. The Deleg.ilte of Poland stated tha.t for him the results of the previous ballot on whether there should be a secret ballot on the proposed amendment were indicative of sympathy to the Polish approach from nearly one half of the number of delegations voting. This might encourage him to insist on the present motion. However, in a spirit of co-operation, he withdrew his proposal.

41. The President thanked the Delegates "of Kenya and Poland for their co-operation and contribution towards settling this issue. Noting that this completed discussion on l.Jorking Paper 105, he adjourned the meeting at 1405 hours.

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Minutes of the Thirteenth Meeting

(Thursday, 6 October 1983, at 1430 hours)

SUBJECTS DISCUSSED

Approval of Minutes of the Fourth, Sixth and Tenth Meetings

Reports by Cominissions and Committees of the Assembly and action thereon (Agenda Item 10):

- Approval of Report of the Executive Committee on Agenda Item 7 (continued)

- Approval of Report of the Legal Commission on the General Part and on Items 7, 21 and 22

- Approval of Report of the Administrative Commission on the General Part and on Items 7, 23, 24, 26.1, 26.2, 27, 28, 29 and 30

- Approval of Report of the Technical Commission on the General Part and on Items 7, 14, 15 and 16

-Approval of Report of the Economic Commission on Agenda Items 7, 17, 17.1, 17.2, 18.1, 18.2- first part and 18.3

SUMMARY OF DISCUSSION

App·roval of Minut.es of the Fourth, Sixth and Tenth Meetings

1. The Minutes of the Fourth, Sixth and Tenth Meetings were examined. The Delegate of Japan indicated changes to be made to his statement in the Minutes of the Fourth Meeting, and the Delegates of Cyprus and Turkey indicated changes to be made to their statements in the Minutes of the Sixth Meeting. The Observer for the G~~ Democratic Republic requested alignment of the English Text of her statement at the Tenth Meeting with that of the original Russian.

2. Subject to these amendments, the Minutes of the Fourth, Sixth and Tenth Meetings were approved by the Plenary.

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Agenda Item 10: Reports by Commissions and Committees of the Assembly and action thereon

Approval of the Report of the Executive Committee on Agenda Item 7

3. The Report of the Executive Committee on its review of the Annual Reports of the Council for 1980 to 1982 and of the Work Programme of the Organization for 1984-1986 and on "Use of technologically advanc~d systems, including satellites, in the field of Air Navigation" was tabled before the meeting in A24-WP/104. The President having invited discussion, the Delegate of France suggested that at the end of paragraph 7:10 it would be preferable to add the words "and its ways and means of organizing and functioning", which would take into account everything that had been stressed before. It was so agreed, and in the absence of further comment the Plenary approved the Report of the Executive Committee on Agenda Item 7 in A24-WP/104.

Approval of the Report of the Legal Commission on the General Part and on Items 7, 21 and 22

4. The Chairman of the Legal Commission, Dr. G. F. FitzGerald (Canada), intro-duced the Report of the Commission appearing in WP/110 which contained three resolutions under Agenda Item 7, action on the work programme in the legal field under Agenda Item 21 and on Agenda Item 22.

5. Turning first of all to paragraph 21:9 relating to ICAO's legal work programme, the Chairman said the Assembly was being asked to re-confirm the criterion adopted by the 23rd Assembly in 1980, that only legal problems of sufficient magnitude and pract­ical importance requiring an urgent international action should be included in the work programme in the legal field.

6. The first Resolution 7/2 concerned Ratification of the Protocol incorporating Article 83 bis into the Convention on International Civil Aviation. The second resolu­tion 7/3 in paragraph 7:4 required a correction in two places, namely, by adding "on International·civil Aviation" in the title so that it would read "Ratification of the Protocol amending the Final Clause of the Convention on International Civil Aviation", and in the second line of the first WHEREAS clause after "Convention". The third resolution in paragraph 7:5.1, Resolution 7/4, concerned Ratification of the Protocols adopted by the International Conference on Air Law held in Montreal in 1975.

7. The Chairman then informed the Assembly that it was proposed to insert a para-graph at the end of the Report which would become more or less a routine paragraph in Commission reports, in view of the link missing between the legal work programme of ICAO and the legal programmes of other international organizations. It could be inserted as paragraph 21:12, and would read: "In adopting .the Report of the Legal Commission, the Assembly decided that the Council should continue to monitor the work of the United Nations Commit~ee on the Peaceful Uses of Outer Space. The Assembly also considered

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that the Organization should continue to monitor closely the deliberations of the United Nations on problems of interest for air law as well as other important decisions taken within the framework of the United Nations and other international organizations."

8. The Delegate of Argentina suppo·rted the proposal by the Chairman of the Commis-sion because they were worried about the problems of outer space which should be considered within the framework of ICAO. He considered the Legal Committee of ICAO to be the highest authority that could express a serious opinion on the subject which was a pro­foundly legal problem. The Legal Committee should consider outer space in relation to air space in order to define the limits of air space.

9. The Delegate of Poland requested that the words "and to the citizens of a Con-tracting State" be inserted at the: end of paragraph 21:11, because unlawful suspension of an air transport agreement affected not only an air carrier but, first of all, the citi­zens of a country, and it was so agreed.

10. The Plenary adopted the Resolutions 7/2, 7/3 and 7/4 appearing in the Report of the Legal Commission submitted in WP/110, and approved the Report, tog~ther with the pro­posed amendments, including the additional paragraph 21:12.

Approval of the Report· of the Administrative Commission on the General Part and on Items 7, 23, 24, 26.1, 26.2, 27, 28, 29 and 30

11. The Chairman of the Administrative Commission, Mr. Lim Hock San (Singapore), introduced the General Part of the Report, adding that the Commission and its two Working Groups reached their conclusions and recommendations by consensus on all items without the need of any formal vote.

12. The Plenary approved the General Part of the Report in WP/126 and the Report on Agenda Item 7 in WP/100, and turned to the Report on Agenda Item 23 on the Budget Estimates (WP/127) which contained Resolution 23/1 recommended for adoption by the Plenary.

13. The Delegate of the Union of Soviet Socialist Republics then delivered the fol­lowing statement with regard to adoption of the ICAO Budget for the triennium 1984-86, at the same time expressing their appreciation of the work done by the Council and the Com­mission in preparing the Budget Estimates. Having carefully examined the draft, they could not but express serious concern over the rate of growth of the ICAO Budget, as a result pf which the total assessments of ICAO Member States had increased two and a half times in the past ten years. The 25% increase in the new ICAO Budget exceeded in monet­ary terms the growth of the national income of Contracting States, and exceeded by more than double the level of inflation in Canada and in the countries in which ICAO Regional Offices were located. Above all, it was completely out of line with the Work Programme of ICAO, which had shown virtually no growth over the previous triennium. That situation was unacceptable. The Union of Soviet Socialist Republics, as one of the main contrib­utors to the ICAO Budget, was opposed to adoption of the new Budget.

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13.1 The Soviet Delegation considered that the Budget and scope of ICAO's activities should be determined by the scale of resources which ICAO Member States were willing to make available to the Organization for its execution. Moreover, the principle. of prior­ities should be established and closely adhered to in fulfilling the programme. Expend­itures in those fields of activity that were not related to the accomplishment of ICAO's basic tasks should be sharply reduced. The Council and the Secretary General should pay special attention to limiting the Organization's expenses and, to that end, the reduction of the Secretariat establishment in both categories should be achieved by the beginning of the next triennium, including in the Genera,l Service, as a r·esult of the introduction of up-to-date technology in the Organization.

14. The Delegate of the United States of America then took the floor, saying he believed it was well known that his Government shared the concern over the proliferation of the amounts it had taken to support the outstanding work of the Organization. He simply wished to say that they could certainly join the consensus in accepting the paper, and in doing so he would be remiss if he did not compliment the Secretariat on the unus­ually fine spirit of co-operation that they had shown throughout the entire budgetary process, from the Finance Committee of the Council, to the Council, to the Administrative Commission and the present Plenary Session. He.added that he wished to draw the attention of the Assembly to paragraph 23:33 in which the United States had pointed out that the recommendations of the International Civil Service Commission should certainly be re~ spected when they became known, and he reiterated his thanks to the Secretariat .for their great co-operative effort.

15. The Plenary adopted Resolution 23/1 relating to Budgets 1984, 1985 -and 1986 and approved the Report of the Commission on Agenda Item 23 appearing in WP/127.

16. Under Agenda Item 24 the Plenary approved the Report on that item contained in WP/121 and adopted the following three resolutions: Resolution 24/1 concerning Approval of the Accounts of the Organization for the Financial Years 1980, 1981 and 1982 and exam­ination of the Audit Reports thereon; Resolution 24/2 for Approval of the Financial State­ments of the United Nations Development Programme for the Financial Years 1980 and 1981 and examination of the Audit Report thereon; Resolution 24/3 relating to Approval of the Financial Statments of the United Nations Development Programme for the Financial Year 1982 and examination of the Audit Report thereon.

17. Turning to Agenda Item 26.1 in WP /128, the Plenary approved the Report on that agenda item and adopted Resolution 26.1/1 on Confirmation of Council action in assessing the contributions to the General Fund and determining advances to the Working Capital Fund of States which have adhered to the Convention.

18. The President having invited observations on Agenda Item 26.2, the Delegate of Mexico voiced his delegation's opposition to the scale of assessments contained in WP/111, since it was derived almost entirely from the UN scale established in accordance with the UN General Assembly Resolution 37/125 for 1983 to 1985. Mexico had opposed that resolu­tion because it felt that the parameters and arguments used in establishing the assessment

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were unrealistic in view of the very serious financial and economic situation confronting the developing countries. Their real ability to pay had not been considered, nor had the level of indebtedness or the problems arising from trade and currency equivalencies.

19. The following delegations all endorsed Mexico's opposition to the scale of assessments, with the Delegate of Cuba adding that it represented an increase in the pay­ments to be made by developing States, a matter which, he stressed, should be studied by the Council. The Delegate of Venezuela, pointing out that their delegation to the United Nations had voted against the scale of assessments referred to, said they too disagreed with what ICAO had approved in the same field, whilst the Delegate of Peru requested that it be clearly noted in the minutes that his delegation was opposed to the establishment of ~hose new assessments, particular~y where, as in the case of his own country, the developing countries were -suffering from c-ri-tical economic conditions and the assessments were detrimental to the punctual payment of contributions each year. The Delegate of Brazil -reaffirmed their previous statement that their delegation had voted against the UN General Assembly resolution which set the scale of assessments because his government con­sidered the criteria used by the UN in calculating the scale, namely national income and discount formulae based on per capita income, to be insufficient in establishing the ability of Member States to pay. Other criteria should be considered by ICAO such as, for ~xampl~, the di_ffering ?CCounting practices of States and the differing levels of inflation. The Statement by the Delegate of Brazil was supported by the Delegate of Cuba.

20. The Plenary, having approved the Report of the Administrative Commission on Agenda Item 26.2 in WP/111, proceeded to adopt the Resolution 26.2/1 relating to Appor­tionment of expenses of ICAO among Contracting States - Assessments to the General Fund for 1984, 1985 and 1986.

21. The President invited consideration of the Report on Agenda Item 27 in WP/129, which the Plenary approved without comment, following which it adopted the Resolution 27/1 on the Working Capital Fund.

22. - The Plenary approved the Report on Agenda Item 28 in WP/130 and adopted the Resolution 28/1 relating to Amendment of the Financial Regulations without comment.

23. Turning to Agenda Item 29 in WP/101, in the absence of comment the Plenary approved the Report on that item and adopted Resolution 29/1 on the Appointment of the External Auditor.

24. -Finally, the Plenary approved, without objection or comment, the Report on Agenda Item 30 containing the list of resolutions to be declared no longer in force, which completed the meeting's discussion of the reports of the Administrative Commission.

Approval of the Report of the Technical Commission on the General Part and on Agenda Items 7, 14, 15 and 16

25. . The Chairman of the Technical Commission, Hr. J. Perez (Mexicoi, introduced the General Part of the Report appearing in:WP/144; and expressed his appreciation of the

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Director of the Air Navigation Bureau, of all the staff of the Secretariat for their un­remitting and unlimited efforts, as well as his gratitude for the understanding attitude and generous help of the delegates who had participated in the debates of the Commission.

26. Thereupon the Plenary approved the General Part of the Report in WP/144.

27. In WP/120 the Chairman drew attention to a few minor editorial errors. In para-graph 7:4.5 the phrase "which were being undertaken" in the third line was incorrectly rendered in the French and Spanish versions, and the last word in the last line of the same paragraph should be "band" in the singular instead of "bands", and he said he would be grateful if the Secretariat could make the necessary corrections.

28. In the absence of any objections, the Plenary approved the Report on Agenda Item 7 in WP/120 and adopted Resolution 7/5 on Re-examination of the Work Programme in the air navigation field.

29. Turning to WP/145, the Plenary approved the Report on Agenda Item 14, at which point the Delegate of the Union of Soviet Socialist Republics intervened to point out that during the debates of the Commission his delegation had introduced a proposal to improve the regional planning process, which was intended to achieve a better air navig­ation service over the territories of States. He added that adoption of that resolution, in their opinion, would have made the ICAO regional plans much more realistic and feasible. The proposal had been supported by several States, and he would be grateful if their pos­ition on that question and the support given to it could appear in the Minutes of the present Plenary Meeting.

30. The Plenary adopted Resolution 14/1 concerning the consolidated statement of continuing policies and associated practices related specifically to air navigation, including the Appendices A to U, and ha~ing turned to the Resolution 14/2, the Delegate of France drew attention to page 14-31, paragraph b), with the phrase "on a continuing basis". Owing to a misunderstanding, only the brackets enclosing the phrase had been re­moved instead of the entire phrase itself, a proposal he now submitted to the Plenary, which was supported by the Delegates of the United States of America, Federal Republic of Germany and The Kingdom of the Netherlands, as well as the Chairman of the Commission with regard to the Spanish version. In the absence of any objection, the Plenary agreed to deletion of the words "on a continuing basis" from resolving clause b) of Resolution 14/2, and adopted the Resolution 14/2 relating to Improved implementation of Standards and Recommended Practices (SARPs) and Procedures for Air Navigation Services (PANS).

31. In WP/119-Revised the Plenary approved the Report on Agenda Item 15, and in the absence of any comment or objection, it adopted Resolution 15/1 on Cost/benefit aspects of the application of existing systems planning process to the introduction of new air­craft types.

32. The Plenary approved the Report of the Commission on Agenda Item 16 ·(WP/147) without comment, which concluded consideration by the meeting ·of the Reports of th~ Technical Commission. · · ·

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Approval of the Report of the Economic Commission on Agenda Items 7, 17, 17.1, 17.2, 18.1, 18.2-first part and 18.3

A24-Min. P/13

33. The Chairman of t.he Economic Commission, Mr. D. Diop (Senegal), introduced the Reports··of the Commission which had held ten meetings, adding that, unfortunately, they had had to proceed to votes to reach decisions on certain points. He took the opportunity to thank the Secretariat, and particularly the interpreters in view of the Commission's marathon meetings which, he thought, had exceeded the time originally allotted to them.

34. In considering the Reports on Agenda Items 7, 17, 17.1 and 17.2 appearing in WP/106, the Delegate of Morocco referred to paragraph 17:3 where he thought a more appro­priate French translation might be found for the English "factual" in the phrase "concise and factual" in the second line, since "factuel" in French was somewhat pejorative. In the absence of any objection to the linguistic change, it was so agreed.

35. In paragraph 17:6 the Delegate of Peru, supported by the Delegate of Argentina, questioned the Spanish translation of that paragraph, and suggested that more suitable language could be found for the English terms "become involved" and "monitor". The Spanish word "entremeterse" in that context was rather ugly and a more appropriate synonym was desirable. There was no objection and it was so decided.

36. Subject to the suggested amendments, the Plenary approved the Reports on Agenda Items 7, 17, 17.1 and 17.2 submitted in WP/106.

37. Having turned to WP/151, the Plenary approved the Report contained therein on Agenda Item 18.1, and adopted Resolution 18/1 on the Continued work by the Organization on the regulation of international air transport services. In regard to Resolution 18/2, the Delegate of Poland suggested that in the second resolving clause, after the words "State or States within the same grouping" there should be a comma instead of a semi­colon, and it was so agreed, whereupon the Plenary adopted Resolution 18/2 on Practical measures to provide an enhanced opportunity for developing States with community of int­erest to operate international air transport services.

38. In the absence of any comment, the Plenary approved the Commission's Report on Agenda Item 18.2 in WP/146 as well as the Report on Agenda Item 18.3 contained in WP/153, which concluded the Order of Business for the Thirteenth Plenary Meeting.

39. Having asked for the floor, the Delegate of Algeria said his delegation had not envisaged raising, at the current Assembly, the question of the destruction of an Algerian aircraft on 3 May 1982, but in view of the deposit of two notes by the Delegates of Iran and Iraq in A24-WP/70 and A24-WP/102, respectively, his delegation wished to say the following.

39.1 The attack on and destruction of an Algerian civil aircraft in international service, which was carrying the Algerian Minister of Foreign Affairs and his delegation, had been the subject of an investigation by an Algerian investigation co~ittee in liai­son with Turkey, Iran and Iraq,tn accordance with the relevant provisions of the Chicago

A24-Min. P/13 - 175 -

Convention. Therefore, his delegation would request the delegations of Iran and Iraq to withdraw their statements, because it seemed that the polemics which had developed on either side were likely to adversely affect the result of that investigation ~hich was followed, as everyone knew, by the highest political bodies in each country. Thus, in doing so, they would once again bear witness to the respect that should be accorded to the memory of the victims of that accident, because it should be remembered that they had been on a mission of mediation and peace between the two brother countries. ·

40. The Delegate of the Islamic Republic of Iran replied that the accident had bee1i investigated by his Government in accordance with ICAO pr~visions, and the results were clearly notified to ICAO. However, they had heard the request of their brotherly and friendly delegation of Algeria, and were prepared to continue the co-operation for further in~estigation as they wished, by the States concerned.

41. In response,the Delegate of Iraq said they wished to draw everyone's attention to the fact that Iraq had not mentioned anything about the incident of that plane, nor anything about the Iraqi-Iranian War. The Iranian Delegation had brought up in its replies the activities of Iraqi civilian airlines over its territories, and Iraq wished to declare that it had no objection to withdrawing its statement.

42. The Delegate of Algeria noted the two statements just made and expressed his delegation's thanks for the follow-up to their request.

43. The meeting adjourned at 1700 hours.

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Minutes of the Fourteenth Meeting

(Friday, 7 October 1983 at 1054 hours)

SUBJECT DISCUSSED

Approval of Minutes of the Seventh Meeting

A24-Min. P/14

Reports by Commissions and Committees of the Assembly and action thereon (Agenda Item 10)

- Approval of Report of Executive Committee on Agenda Items 12. 11. 13 and 7

- Approval of Report of Economic Commission on General Part and Items 18.2, 18.4, 19 and 20

- Approval of ·Report of Credentials Committee

SUMMARY OF DISCUSSION

1. The Delegate of Chile requested that his delegation be associated with the views expressed at the 13th Plenary Meeting by the Delegate of Mexico, supported by the Delegates of .Cuba, Venezuela, Peru and others, on the Report of the Administrative Com­mission dealing with "Assessments to the General Fund for 1984, 1985 and 1986" presented in WP/111 and he was assured that this would be done.

Approval of Minutes of the Seventh Meeting

2. The minutes of the Seventh Plenary Meeting were approved in the form presented.

Agenda Item 10: ·Reports by Commissions and Committees of the Assembly and action thereon

Approval of Reports of the Executive Committee on Agenda Items 12, 11, 13 and 7

3. The first in this series of Reports to be considered was that in WP/163 on Agenda Item 12 dealing with Technical Assistance Activities. On suggestions by the Delegate .of France, the Assembly agreed to add, at the end of paragraph 12:3, the fol­lowing ·sentence: "The Committee noted that the Council should continue to examine the conditions of implementation contained in paragraphs 8 and 9 of Assembly Resolution A23-7"; and, in the fifth line from the bottom of paragraph 12:4, to replace the text appearing after "third world" by "and, with respect to the developed countries, ICAO should encourage the consolidation of existing centres rather than the creation of new centres so as to avoid wastage of resources."

4. To meet concerns expressed by the Delegates of Morocco and Malawi, the Assembly agreed to add, after "urgent need" in the third line of paragraph 12:4, the words "in certain cases". A suggestion from the Delegate of Cuba to reflect in paragraph 12.2 the views expressed by a number of delegations who favoured the efforts described by the Spanish and Soviet delegations was also accepted.

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- 177 -

5. With the changes described above and adoption of Resolutions 12/1, 12/2 and 12/3 without change, the Assembly approved the Report on Agenda Item 12 presented in WP/163.

6. It next approved the Reports on Agenda Item 11 (Arrangements to settle contrib­utions in arrears) and Item 13 (Assembly resolutions to be consolidated or to be declared no longer in force) in the form presented in WP/159.

7. The Committee then examined the Report on Agenda Item 7 presented in WP/160. With inclusion of "Cyprus" as a co-sponsor of the draft resolution referred to in the first line of paragraph 7:26, it approved that dealing with "Report of the Council on implementation of Resolutions A23-21 and A22-16" and adopted associated Resolutions 7/6 and 7/7 as presented.

7.1 Reports on a number of subjects also in WP/160 (Action taken and in hand in re-sponse to Assembly Resolution A23-12: Contingency measures for application in the event of disruptions of air traffic services and related supporting services; Action taken and in hand in response to Assembly Resolution A23-6; ICAO Regional Office in Eastern Africa; Creation of an Annual Air Safety Week in the operational calendar of the International Civil Aviation Organization; Preparation of Arabic Texts of the Tokyo Convention (1963), The Hague Convention (1970) and Montreal Convention (1971); and Arabic Text of the Standing R~les of Procedure of the Assembly) were approved without change.

7. 2 The Report in WP /160 dealing with "Simultane'ous distribution of ICAO publications and documentation in all working languages of the Organization" was also·approved and its companion Resolution 7/8 adopted subject to amendment of Resolving Clause 3 of the French text .

Approval of Reports of the Economic Commission (General Part, Agenda Items 18.2, 18.4, 19 and 20)

8. The General Introductory Section of the Report of the Economic Commission was approved as presented in WP/158.

9. The Assembly next approved the Report on Agenda Item 18.2 presented in WP/156 and adopted associated Resolution 18/3 without change. During the course of its examin­ation of this Report, the Assembly heard a statement from the Delegate of the Union of Soviet Socialist Republics concerning "Discriminatory measures with regard to airlines" as follows: ~ ·

"Recently there have been cases where certain States have adopted discrimin­atory measures with regard to foreign airlines for political reasons. These measures consist of the unilateral prohibition of flights, restriction of commercial rights, suspension of flights by aircraft of their own airlines, closing of the offices of air­lines and provocative acts directed against aircraft and airline offices.

- 178 -A24-Min. P/14

Discriminatory measures are in direct conflict with the universally recognized principles and standards of the Chicago Convention of 1944 which bears the signatures of 151 States.

More specifically, the Preamble to the Convention states that ' ... the develop­ment of international civil aviation can greatly help to create and preserve friendship and understanding among the nations and peoples of the world ... ' and that 'it is des­irable to avoid friction and to promote that co-operation between nations and peoples upon which the peace of the world depends.' Furthermore, according to Article 44 of the Convention the Member States of ICAO should 'avoid discrimination between Contracting States.'

The Soviet Union insists upon the strong condemnation of discriminatory measures against airlines adopted for political reasons since they do harm to many airlines, to thousands of passengers from different countries and to international civil av-iation as a whole. Countries which adopt discriminatory measures against airlines bear full respons­ibility for their consequences."

10. The Delegate of Poland associated his delegation with the views just expressed, stating that they did not wish to bring proposals, which would initiate political discus­sion, to this Assembly but felt that ICAO should be aware of the problems of political restrictions which were affecting the operation of airlines of foreign countries and the interests of their citizens.

11. In approving the last in the series of the Reports of the Economic Commission in WP/157, the Assembly approved that on Agenda Item 18.4 and adopted related Resolution 18/4. It also approved those on Agenda Items 19 and 20 without change.

Approval of Report of the Credentials Committee

12. Mr. S. Marafa (Niger), Vice-Chairman of the Credentials Committee, presented the report of that body on behalf of its Chairman, the Honourable D. Vohara, Chief Dele­gate of Nepal, who had had to leave Montreal. He stated that the Committee had examined the credentials of delegations from 131 Contracting States, one non-Contracting State and 20 international organizations and had found them all to be in due form.

13. , The Delegate of Turkey stated that acceptance of the Report by his delegation was without prejudice to his country's position that the delegation of the Greek Cypriot Administration did not represent the whole of Cyprus.

I

14. The Delegate of Cyprus regretted that the Delegate of Turkey had considered it fitting to object to his representative capacity. _He said that this attitude was not sur­prising since Turkey, in viol~tion of the Charter of the United Nations and the Statute of the Council of Europe and in absolute disregard of the 1949 Geneva Convention and all other principles gove,rning international relations, invaded Cyprus in July 1974 in an effort to destroy its independence, sovereignty and territorial integrity. In the further­ance of its aims and objectives, Turkey and her official organs had been causing to the

A24-Min. P/14

- 179 -

people of Cyprus immense suffering. They had killed thousands in cold blood, had turned 200 000 people - one-third of .the population of Cyprus - into refugees and they had been committing against the Greek population all kinds of unprecedented atrocities •. He would refrain from enumerating or elaborating on these atrocities to this Assembly, and would confine himself to the issue raised by the Delegate of Turkey. He noted that this was not the first time that Turkey was raising objections to the representation of Cyprus. She had been monotonously and ad nauseam doing so for many years but, in spite of her objections and the aggressive invasion of a small country by 40 000 Turkish troops, the Republic of Cyprus and its Government had consistently been recognized by all internat­ional organizations and in all international fora. Cyprus was a Member State .of the United Nations, the Commonwealth of Nations, the Council of Europe and other international organizations and its Government was fully recognized by all Members of those Organiz~ ations. The- independence and sovereignty of the Republic of Cyprus had been recognized in a series of Resolutions of the Security Council, the latest ones being 367 of 1975, 370 of 1975, 383 of 1975, 391 of 1976, 410 of 1977, 414 of 1977 and 422 of 1977, which was a long time after the aggressive invasion of Cyprus by Turkey and the unlawful occupation of a great part of the territory of the Rep].lblic of Cyprus. Also, according to international law, such occupation did not in any way extinguish the existence of the State. Indeed, after the war, in spite of the occupation of the whole territory of certain States, they continued to exist and function even by Governments in exile. The Government of the Republic of Cyprus was its lawful Government in spite of the persistent objections of Turkey both before and after the aggressive invasion of Cyprus by the Turkish forces and despite the arbitrary and unilateral declaration of 13 February 1975 purporting to create a separate Turkish Cypriot State. Paragraph 2 of the Security Council Resolution of 4 March 1964 asked the Government of Cyprus, which had the responsibility for the main­tenance and restoration of law and order, to take all additional measures necessary to stop violence and bloodshed in Cyprus and, by its paragraph 4,recommended the creation with the consent of the Government of Cyprus, of a United Nations peace-keeping force in Cyprus. Reference was also made in that Resolution to the Government of Cyprus, which was given equal importance with the Governments of Greece, Turkey and the United Kingdom. There­fore, the Government of Cyprus was repeated in all ensuing rel~vant Resoluti~ns of the Security Council, the latest ones being 367 of 1975, and 370 of 1975 through 422 of 1977. At the 29th, 30th, 31st and 32nd Sessions of the General Assembly and the one now in session at the United Nations, Cyprus was represented and was being represented before and now without any challenge or change. His delegation did not represent either the Greek Cypriot or the Turkish Cypriot community. They represented the Government of the Republic of Cyprus.

15. The Delegate of Greece noted that the Delegate of Turkey had raised a point which related to the representative status of the Delegate of the Gc:;_ernment of the Republic of Cyprus. Before commenting on that, his delegation wished to express their appreciation for the excellent and constructive work being carried out by ICAO for almost four decades. They also wished to underline the .way this Assembly, under the wise guid­ance of its President, had been tackling the many cumbersome questions which were of paramount importance for safety in the air that were raised during the course of this session of the Assembly. They could not help but subscribe to and support the statement made by the Delegate from Cyprus. His delegation wished to re-affirm that the Republic

A24-Min. P/14

- 180 -

of Cyprus was an independent and sovereign Member State of the United Nations, the Common­wealth of Nations, the Council of Europe and so many other international organizations and bodies, and that its Government was fully recognized by all States of the international community, except Turkey. More, specifically, Cyprus had been a Member of ICAO since 1961 and its membership had never been contested by any other Member State of ICAO.

16. Rejoining, the Delegate of Turkey stated that his intervention was made for the purpose of the registration of his delegation's reservation. But. the Greek Cypriot Delegation, each and every time, did not fail to take the floor to deliver a speech about the history of the Cyprus problem from their point of view. If the Delegate of Cyprus went one step further, he was afraid that he (the Delegate of Cyprus) would offer a form­ula to solve the Cyprus issue at the Assembly of ICAO. His delegation would like to state that Turkey was one of the Guarantor countries entrusted with ensuring that the independ­ence and sovereignty of Cyprus was safeguarded under international treaties. Turkey was forced to intervene after trying every possible means to put an end to the sufferings of the Turkish Cypriots at the hands of the Greeks. Since the independence of Cyprus, it was only in the last nine years that Turkish Cypriots were living in peace and without fear in their island.

17. The Delegate of Israel stated that acceptance of the Report of the Credentials Committee by his delegation was without prejudice to their position as stated at the 23rd Session of the Assembly and contained in Doc 9317, page 154. The Delegate of Nigeria re­marked that some delegates had not been present at that session of the Assembly and were therefore not fully aware of the intentions of the Delegate of Israel, but the matter was not pursued.

Other business

18. Referring to A24-WP/64, the Delegate of the United States stated for the record that the statement of the International Air Carriers Association (IACA) in that paper purported to represent the views of chartered carriers on a worldwide basis. That was an incorrect assumption since IACA had no United States, Canadian, Far Eastern or Caribbean carriers as members but represented only European-based chartered air carriers and was similar to the association of European Air Lines which represented scheduled airlines interests in Europe. United States air carriers and other carriers that operated inter­continentally used public charters originating in the United States and advanced booking charters originating from Europe and Canada as the dominant charter types, not inclusive tour charters as inferred by IACA. While the IACA statement, that inclusive tour charters represented 90 per cent of their business, was a correct characterization of its member airlines' intra-European services, it did not represent the types of charters used on a worldwide basis.

A24-Min. P/14 - 181 -

19. In response to a query as to the availability of the minutes of the 12th Plenary Meeting, the President informed the Assembly that they would be available in all language versions between Friday afternoon, 7 October, and Saturday morning, 8 October •. He indi­cated further that, at the final Plenary meeting scheduled for 1430 hours, he would request that the Assembly accord him the usual delegation of authority to approve out­standing minutes on its behalf, on the understanding that delegations could submit amendments to their own statements of those minutes which were circulated in the meantime.

20. The meeting then rose at 1230 hours.

1.

2.

A24-Min. P/15 - 182 -

Minutes of the Fifteenth Meeting

(Friday, 7 October 1983, at 1430 hours)

SUBJECTS DISCUSSED

Reports by Commissions and Committees of the Assembly and action thereon (Agenda Item 10)

- Approval of Report of the Executive Committee on the General Part

- Approval of Report of the Executive Committee on Agenda Item 7 (continued)

Assembly resolutions to be consolidated or to be declared no longer in force (Agenda Item 8)

SUMMARY OF DISCUSSION

Agenda Item 10: Reports by Commissions and Committees of the Assembly and action thereon

Approval of the Report of the Executive Committee on the General Part

1. The President, in his capacity of Chairman of the Executive Committee introduced A24-WP/164 containing the General part of the Report of the Executive Committee.

2. approved.

In the absence of comments the report on the General part in A24-WP/164 was

Approval of the Report of the Executive Committee on Agenda Item 7 (continued)

3. The President next introduced A24-WP/165 containing that part of the Report of the Executive Committee on Agenda Item 7 dealing with Improvement of the ICAO Work Programme, Establishment of an ICAO Regional Office in West Asia/Middle East, Use of Arabic interpretation and translation in the Council, Permanent representation of Member States at ICAO Headquarters, Geographical representation in the posts of the Secretariat of ICAO and International Day of Peace. He announced corrections to the French and Spanish versions of page 7-21 of the paper in order to align them with the other language versions. The French corrections related to the heading and to paragraph 7:51, while the Spanish correction was to paragraph 7:51 only. At the request of the Delegate of Lebanon it was agreed that the Arabic version of paragraph 7:50 would be checked to ensure that it was aligned with the other language versions.

A24-Min. P/15 - 183 -

4. The Delegate of Nigeria suggested that at least in English, in both paragraphs 7:53 and 7:54 and in the relevant heading 1 "Permanent Representations" should be changed to the singular. However, after the President had pointed out that this was the exact wording used in the original proposal by Chile and Peru and in order to ensure that all language versions were parallel, it was agreed not to make a change in English.

5. With regard to paragraph 7:55, the Delegate of the Islamic Republic of Iran requested that his delegation be shown as a co-sponsor of A24-WP/96 concerning equitable geographical representation in posts of the ICAO Secretar~at.

6. With the changes which had been agreed during the course of the discussion, the report on Agenda Item 7 in A24-li?/l65, relating to improvement to the Work Programme for 1984-1986, Study of the Establishment of an ICAO Regional Office in West Asia/Middle East, Study of the use of Arabic interpretation and translation in the Council, Permanent representations of Member States at ICAO Headquarters and Equitable geographical repre­sentation in posts of the ICAO Secretariat was approved, and Resolution 7/9 was adopted.

7. Turning to paragraph 7:65, in response to the Delegate of Qatar the President explained that the International Day of Peace had been established by the United Nations as being the third Tuesday in September in any year; this year that day had happened to fall on 20 September which had been,coincidentally, the opening day of the 24th Session of the ICAO Assembly. The President of the Council added that if the resolution were adopted it would be relayed to the Secretary General of the United Nations in order to inform the United Nations that,as a Specialized Agency, ICAO was participating in marking the International Day of Peace. In addition, on the third Tuesday of September each year, the President of the Council would draw Council's attention to the fact that this was the International Day of Peace. In response to the Delegate of Rwanda, the President added that since the International Day of Peace had been declared by the United Nations, any action such as establishing a theme for States or agencies to follow in commemorating that day would originate with the United Nations itself.

8. Following these explanations, the Delegate of Malawi suggested that amending the first few words of the deciding clause to read: "Decides henceforth to commemorate this day ... " would make clear that this event would be commemorated every year. He was supported by the Delegates of Nigeria and Upper Volta, and in response to a concern expressed by the latter, the President suggested that in the deciding clause the words "which is also the opening day" be changed to read: "which was also the opening day." The Delegate of Nicaragua wondered whether a reference in the deciding clause to the third Tuesday of September would help dispel any confusion, while the Delegate of Ireland suggested saying "which this year was also the opening day of its 24th Session ... ".

9. As a result of this discussion, the report on Agenda Item 7 relating to the International Day of Peace as contained in A24-WP/165 was approved and Resolution 7/10 was adopted, subject to a revision to the beginning of its operative clause so that it read: "DECIDES henceforth to commemorate this day, which this year was also the opening day of its 24th Session, with a warm invitation ... ".

A24-Min. P/15 - 184 -

Agenda Item 8: Assembly resolutions to be consolidated or to be declared no longer in force

10. The Assembly adopted without change the general resolution contained in A24-WP/166 declaring Assembly resolutions no longer in force.

Approval of outstanding Minutes

11. The Assembly delegated authority to its President to approve on its behalf the minutes of the Plenary meetings on which it had not been able to act. In this connexion, Delegates were invited to hand to the Secretariat any comments on the Minutes of the 12th Plenary Meeting by 1200 hours on Saturday, 8 October.

Votes of thanks

12. This completed the Assembly's order of business, and the President noted with pleasure that by completing its work two days ahead of schedule the meeting had been able to save the Organization a considerable amount of money.

13. Pointing out that despite the difficulties which the 24th Assembly had encountered, the spirit of the Chicago Convention had prevailed in the good collaboration evidenced between Contracting States, the Delegate of Uruguay congratulated the Secretariat on its excellent organization and efficient work. On behalf of all delegations he expressed sincere gratitude and appreciation to the President of the Council, the Secretary General and all his staff, and to the President of the Assembly.

14. The Secretary General thanked the Delegate of Uruguay for his warm and friendly words which he accepted for the whole Secretariat team. All his colleagues, both those who had been visible to delegates during the Assembly and those whose work had been behind the scenes, had been encouraged to perform to the very best of their ability by the friendly co-operation which they had received from all delegations to this 24th Assembly. On their behalf he thanked everybody present.

15. The Delegate of the Ivory Coast said that he was sure that everyone who had taken part in this important Assembly had very much appreciated the warm reception and the facilities which all the Canadian authorities had offered. On behalf of all delegations, he expressed warmest thanks, not only to the Government of Canada, but also to the Government of the Province of Quebec and to the City of Montreal, whose Mayor Mr. Jean Drapeau had provided such a wonderful entertainment by Les Grands Ballets Canadiens.

16. Speaking on behalf of the Government of Canada, the Province of Quebec and the City of Montreal, the Delegate of Canada thanked the distinguished Delegate of the Ivory Coast for his kind words. It had been a great pleasure to receive all the delegations represented at the Assembly, a pleasure he hoped to see repeated at the next regular session of the Assembly to be held in 1986, and perhaps on the occasion of the Special Assembly to be held in 1984. He wished everyone "Bon Voyage" and a happy return home.

A24-Min. P/15 - 185 -

17. The Delegate of Saudi Arabia stated his belief that it had been the President's wisdom, skill and authority based on high moral principles of integrity and objectivity which had inspired and guided the meeting during some of the most thorny debates of the previous tliree weeks; moreover, it was thanks to his leadership that the meeting had been able to end its session two days earlier than had been planned. On behalf of ·all delegations he proposed the following motion of thanks. "The 24th Session of Assembly of ICAO expresses its deep appreciation and thanks to the President, Hans Raben, for the commendable manner in which he has conducted this Session. His competence, objectivity and courtesy have inspired and guided our discussions. It is due to the understanding and efficiency of President Raben, that throughout this Session there had been an excellent spirit of co-operation without which this Organization could not achieve its objectives." This motion was unanimously adopted.

18. The Delegate of Nicaragua said his delegation was grateful to the officers of the meeting, to the President for the admirable authority and skill with which he had directed the debates and to all the ICAO staff whose labours had ensured the accomplish­ment of the Assembly's tasks. He also thanked all the delegations who, through their contributions," had made this Assembly the success it. had been.

19. The Delegate of Nigeria associated himself completely with those who had praised the President of the Assembly and added thanks to the President of the Council, stating that his delegation was proud that ICAO had a man of Dr. Kotaite's stature as President of its Council. He congratulated the Secretary General and all his staff for the excellent arrangements made to ensure the success of the meeting and thanked the Government of Canada, the Government of Quebec and the Mayor and people of Montreal for their excellent hospitality.

20. The Delegate of the United Republic of Cameroon then stated that his Delegation wished to record the fact that the Cameroon Government and people had been deeply affected by the loss of 269 lives in a ccrmmercial plane of Korean Airlines. His Government deeply deplored this incident and hoped that the International Civil Aviation Organization, the only specialized international organization capable of finding out what had happened, would take the necessary measures in the days to come to make sure that this type of disaster did not take place again. He added that his Delegation appreciated the expeditious and competent manner in which the Assembly Session had been run and expressed appreciation to. the President of the Assembly, the President of the Council, the Secretary General and his hard working staff, as well as to the Canadian Authorities for their excellent hospitality.

21. The Delegate of France associated himself with the congratulations which had been addressed to the Pres~dent of the Assembly, and speaking on behalf of French­speaking delegations expressed gratitude for the way in which he had conducted the debates in the French language as well as for the concern for open-mindedness and fairness which he had displayed throughout.

22. The Delegate of Argentina, speaking on behalf of his Government and the Latin American States, thanked the President of the Assembly, the Secretary General and

A24-Min. P/15

- 186 -

especially the President of the Council for the brilliant conduct of what had been a difficult Assembly, but one in which those participating had risen above all difficulties to achieve a harmonious working atmosphere which had enabled solutions to be found. The Delegate of Chile echoed preceding speakers and thanked both the Canadian Authorities and those who had enabled the debates to proceed so well. His Delegation had noted with satisfaction that the spirit which had led to the founding of the Organization was still evident. The Delegate of India added his thanks for the excellent manner in which the President had conducted difficult proceedings, he congratulated the President of the Council on timely interventions during difficult situations, and thanked the Secretary General and everyone in the Secretariat for their contributions to the smooth running of the Assembly.

23. The President confessed that he felt somewhat at a loss as to how to respond to such an avalanche of praise. He thanked the Assembly for the confidence placed in him and stated that any merit for the way in which the Assembly had conducted its business was due to all delegations, and in .. particular to the Chairmen of the various Commissions. Because of the limitations of time ·he was unable to single out all who had helped bring the Assembly to a successful conclusion, but he had greatly yalued the help of the Secretary General and his entire staff. He added that as President of the Assembly, he had been able to appreciate fully the Organization's debt to the President of the Council, and to see how much his influence had helped to accomplish the Assembly's work. He also expressed his thanks to the Vice-Presidents of the Assembly; he had not had to call on them, but it had given him a great sense of security to know that such able people were available should the need have arisen. He expressed gratitude to the Assembly for having given him a uniq.ue experience in being able to watch and to help the fascinating process of decision making at a worldwide level. He thought that this would be remembered as a good Assembly; it had dealt with matters of the greatest importance to international aviation and had acted at a. level of competence and dignity in accordance with the weight of the problems under discussion. While not all delegations ~ight have been fully satisfied, none would go home with a feeling of complete c1.issatisfaction and all would have learned something; international aviation should be the better for it. He concluded by associating himself once more with the thanks which had been expressed to everyone involved, and wished all the delegates "Bon Voyage".

24.· The President then declared the 24th Session of the Assembly closed at 1610 hour"

- 187 -

INDEX -Subject Page

ACCOUNTS AND AUDIT REPORTS 1980, 1981 & 1982: approval & examination: res. 24/1 A24-WP/121 P/66 1'71

AIR LAW CONVENTIONS, INTERNATIONAL ratificatio~accession: encouragement: res. 7/6 A24-WP/16o P/89 177

AIR NAVIGATION Council annual reports to Assembly

AIR NAVIGATION--POLICIES consolidated statement: res. 14/1 A24-WP/145 P/79

AIR SAFETY WEEK creation A24-WP/60 P/89

AIR TRAFFIC SERVICES contingency planning: res. A23-12: action taken A24-WP/16o P/89

AIR TRANSPORT chartered carriers A24-WP/64 P/28: comment: USA Council annual reports to Assembly unilateral measures: res. 18/4 A24-WP/157 P/86

AIR TRANSPORT SERVICES operation: res. 18/2 A24-WP/151 P/82 regulation: res. 18/1 A24-WP/151 P/82

AIRLINES discriminatory measures with regard to airlines: statement: USSR Gulf Air accident: victims: tribute

ARREARS settlement: arrangements A24-WP/159 P/88

ASSEMBLY RESOLUTIONS classification and consolidation

ref. AD A24-WP/131 P/72 II Ex: A24-WP/157 P/86 11 EX & commissions A24-WP/ll P/3 11

" A24-WP/159 P/88 11 TE A24-WP/147 P/81

resolution, general A24-WP/66 P/95

ASSEMBLY 24. Montreal. 1983 addresses of welcome agenda: adoption A24-WP/1 P/1

88-91

173

177

177

180 87-88 178

174 174

177-178 132

177

172 178 48-49 177 173 184

3-10 47

- 188 -

Subject

ASSEMBLY 24, Montreal, 1983 agenda: ref. EX (agenda item 7) A24-WP/23 P/6 & Add., A24-WP/29 P/8,

A24-WP/33 P/11, A24-WP/35 P/1.2, A24-WP/41 P/13, A24-WP/42 P/14, A24-WP/46 P/17, A24-WP/47 P/16, A24-WP/48 P/17, A24-WP/49 P/18 8r Add., 8r IP

agenda: ref., EX & commissions A24-WP/1 P/1 commissions & committees reports

AD: report: general part A24-WP/126 P/67 11 reports: agenda items 7, 23, 24, 26.1, 26.2, 27, 28, 29, 30

A24-WP/l00 P/51, A24-WP/l01 P/52, A24-WP/lll P/61, A24-WP/121 P/66, A24-WP/127 P/68, A24-WP/128 P/69, A24-WP/129 P/70, A24-WP/130 P/71

Credentials Committee: report: approval 11 11 interim

EC: report: agenda item 18.1 A24-WP/151 P/82 II II II . 18.2 A24-WP/146 P/80 II II " 18 .. 3 A24-WP/153 P/83 11 11 general part A24-WP/158 P/87 11 reports: agenda items 7,. 17, 17.1, 17.2 A24-WP/106 P/57 " II II 1~ .. 2, 18.4, 19 & 20 A24-WP/156 P/85,

A24-WP/157 P/86 · EX: report: agenda item 7 A24-WP/104 P/55

II II II A24-WP/l65 P/94 11 11 11 (Extraordinary Session of the Council)

A24-WP/105 P/56 11 report: general part A24-WP/164 P/93 11 reports: agenda items 4, 5. 5 .. 1, 6. 8, 9 'A24-WP/103 P/54 II " II 12, 11, 13 & 7 A24-WP/163 P/92,

A24-WP /159 P /88, A24-WP /160 P /89 LE: report: general part

11 reports: agenda items 7. 21,22 A24-WP/110 P/60 TE: report: general part A24-WP/144 P/78

11 reports: agenda items 7, 14, 15, 16 A24-WP/119 Rev., P/64, A24-WP/120 P/65, A24-WP/145 P/79. A24-WP/147 P/81

commissions & Co-ordinating Committee: Chairmen: election 11 establishment

committees: EX & Credentials Committee: establishment delegations & observers: statements A24-WP/50 P/19, A24-WP/57 P/24

& Corr. , A24-WP/61 P/26, A24-WP/64 P/28, A24-WP/70 P/3,, A2'+-WP/79 P/'tO, A24-\'JP/102 P/53, A24-WP/136 Pntt

opening of the session Plenary: items discussed: schedule

11 minutes: approval: meetings: 11 II 11 II

II

II

II

II

II

II

II

II

II

II

II

II

1, 2, 3, 5, 8, 9, 11 4, 6, 10 7 12 13 - 15: authority delegated

to President

48 48

170

17()...172 178-180 12-13 174 174 174 177 174

177-178 169 182-183

160-167 182 159

176-177 169-170 169-170 172-173

172-173 86 48 ll

13-46,49-68, 69-84,97-105, 106-125,126-131, 13;-155 1-2 vi

159 168 176 181 184

Subject

ASSEMBLY 24, Montreal, 1983 President & Vice-Presidents: election votes of thanks

ASSESSMENTS

- 189 -

new member States: res. 26.1/l A24-WP/128 P/69 scales: determination: 1984~ 1985 & 1986: res. 26.2/1 A24-WP/lll P/61

AVIATION SECURITY Council annual reports to Assembly

BUDGET 1984, 1985 & 1986: estimates: res. 23/1 A24-WP/127 P/68

CHICAGO CONVENTION, 1944 amend.: art. 83 bis: addition: Protocol: ratification: res. 7/2

A24-WP/ll0 P/6o 11 Final Clause: Protocol: ratification: res. 7/3 A24-WP/110 P/6o

CONTRACTING STATES permanent representations: HQ A24-WP/165 P/94

COUNCIL annual reports to Assembly

11 1980, 1981,-1982 & 1983 (first six months) ref. EX & commissions

Arabic interpretation & translation: use A24-WP/165 P/94 election: maximum number in each part

11 Parts I & II A24-WP/3 P/2 III

Extraordinary Session, Montreal, 1983: res. 7/1

DIOP, D. (Senegal) EC :- Chairman

DOCUMENTATION publication & distribution: res. 7/8 A24-WP/16o P/89

EXTERNAL AUDITOR appointment: res. 29/1 A24-WP/101 P/52

FARES AND RATES tariff enforcement: res~ 18/3 A24-WP/156 P/85

FINANCIAL MATTERS Council annual reports to Assembly

FINANCIAL REGULATIONS amendment: res. 28/1 A24-WP/130 P/71

85-86 -184-186

171 172,176

94-95

170-171

169-170 169o-170

182-183

86

48,8&.96 182-183 49 11 '84 ,132-134 134' 15&.158 161-167

86

. 177

172

177

95-96

172

Subject

FITZGERALD, G.F. (Canada) LE: Chairman

FUEL, AVIATION future availability A24-WP/l57 P/86

GARLAND, J.. (Peru) A24: 3rd Vice-President

ICAO membership: increase

- 190 -

INTERNATIONAL CONFERENCE ON AIR LAW, Montreal, 1975 Protocols: ratification: res. 7/4 A24-WP/ll0 P/fJJ

' INTERNATIONAL DAY OF PEACE res. 7/10 A24-WP/165 P/94

KOHLI, M.M. (India) A24: 1st Vice-President

LIDAL ACTIVITIES Council annual reports to Assembly

LIM HOCK SAN (Singapore) AD: Chairman

MONTREAL CONVENTION, 19?1 Arabic text: preparation A24-WP/ltJJ P/89

NWANZE, G.A .. (Nigeria) A24: 2nd Vice-President

PEREZ, J. (Mexico) TE: Chairman

RABEN, H. (Netherlands, Kingdom of the) A24: President

REGIONAL OFFICES establishment: Eastern Africa: res. A23-6

action taken A24-WP/l6o P/89 " West Asia/Middle East A24-WP/165 P/94

RULES OF PROCEDURE, ASSEMBLY Arabic text: preparation A24-WP/16o P/89

SARPS & PANS implementation: res. 14/2 A24-WP/145 P/?9

86

178

86

86

169-170

86

93-94

86

17?

86

86

85

1?7 182-183

1?7

1?3

- 191 -

Subject

SEX:RETARIAT equitable geographical representation: res., 7/9 A24-WP/165 P/94

SYSTEMS PLANNING study: cost/benefit: res. 15/1 A24-WP/119 Rev. P/64

TEX:HNICAL ASSISTANCE activities: fundiug: res. 12/2 A24-WP/l63 P/92

11 & policy: res. 12/1 A24-WP/l63 P/92 Council annual reports to Assembly training: scholarships &·fellowships: res. 12/3 A24-WP/163 P/92

THE HAGUE CONVENTION, 1970 Arabic text: preparation A24-wP/16o P/89

TOKYO CONVENTION, 1963 Arabic text: preparation A24-WP/l6o P/89

UNITED NATIONS DEVELOPM:E:NT PROORAMME financial statements & audit reports: approval & examination

1980..1981: res. 24/2 A24-wP/121 P/66 1982 res. 24/3 A24-WP/121 P/66

UNLAW:roL INTERFERENCE WITH CIVIL AVIATION Algerian aircraft: destructiOn (3/5/82) A24-WP/'70 P/33, A24-WP/102 P/53 streugthenizig of measures: rea. 7/7 A24-WP/l60 P/89

WORK PROORAMME AN field: re-examination: res. 7/5 A24-WP/120 P/65 . 1984-1986: improvement A24-WP/165 P/94

11 ref. EX & commissions

WORKING CAPITAL FUND report: res. 27/1 A24-WP/129 P/70

zyLICZ, M. (Poland) A24: 4th Vice-President

-END-

182-183

173

176-171 176-177 91-93 176-177

177

17?

171 171

174-175 171

173 182-183 48,86-96

1'72

86

PRICE: U.S.$9.50 (or equivalent in other currencies)

@ ICAO 1984

2184, EJP1/1500

Doc 9415

Order No. 632437


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