THE SINGLE AFRICAN AIR TRANSPORT MARKET: A LEGAL MIRAGE?

Abstract

Africa is home to over 1.4 billion people with a massive yet enclosed geographical spread, and prides itself as the world’s second largest and second most-populous continent, inhabiting approximately 18.83% of the world’s population. Owing to the absence of a valid intra-network of road, rail, or water, air transport stands tall as the only channel of movement across the continent. This chapter examined the illusory nature of the Single African Air Transport Market, a flagship project of AU’s Agenda 2063. The doctrinal research methodology was adopted wherein primary and secondary sources of law were collected and reviewed such as Yamoussoukro Decision 1999, Regulations on Competition in Air Transport Services within Africa 2017, and AU Regulations on the Protection of Consumers of Air Transport Services. Regrettably, Africa lacks a well-organised connectivity in air service operations causing higher rate of air tickets, longer flight routes, and inadequate airline cooperation. The chapter found that the Yamoussoukro Decision 1999 for open skies and other incidental Regulations may appear idealistic due to a lack of political will by State Parties towards implementation. The absence of a unanimous aircraft safety regime of AU member States, besides poor enforcement at the domestic level is worrisome. It was recommended that the African Civil Aviation Commission carry out regular sensitisation through conferences, codifying the SAATM Handbook in print and periodically distributing same to all stakeholders. A harmonisation of the different regulatory frameworks for certifying eligible African airlines be established and enforced, in keeping with ICAO Safety and Recommended Practices.