Indecon Consulting

[Africa] – Institutional Capacity Building / Legal Frameworks

• indecon •

Assignment Name

Support to the operationalisation of the Executing Agency of the Yamoussokro Decision

Location

Africa

Donor / Source of Funding

European Union

Consortium

  • indecon (lead)
  • Deutsche Flugsicherung GmbH (DFS) (member)
  • Lufthansa Consulting (LHC) (member)

Description

The African Civil Aviation Commission (AFCAC), the African Union’s (AU) specialized agency for the Aviation sector, has been entrusted with the position of the Executing Agency of the Yamoussoukro Decision. Main objective of the Yamoussoukro Decision (YD) is to liberalise the African Air Transport sector; facilitate connections in the African continent; develop an inter-African air transport network; and expand the participation of the private sector in the African Air Transport sector. The specific objective of this project, financed by the European Development Fund, is to assist the AFCAC in becoming operational as the Executing Agency of the Yamoussoukro Decision by providing consultancy services related to: (a) organisational and institutional capacity building, (b) adjustment and development of legal frameworks, and (c) database development.

The project entails two major components delivering operational support to the AFCAC, including communication events, trainings, seminars and workshops delivered among others to AFCAC, representatives of the Regional Economic Communities (RECs) and member countries. The two major Study-Reports comprise:

(a) Study on the legal powers of AFCAC, rules on competition and consumer protection: The main objective of the study is the finalisation of the definition and clarification of the powers of the Executing Agency, as well as the related work procedures in relation to the main partners involved; namely, AU, ECA, RECs and AFRAA and comprises the following subcomponents:

(i) Study On Legal Powers Of The Executing Agency; (ii) Management of the Yamoussoukro Decision – A Gap Analysis; (iii) The Executing Agency and African Regulatory Structures, (iv) Functions, regulatory and enforcement powers of the Executing Agency; (v) Dispute Settlement Measures; (vi) Study On Competition Rules; and (vii) Study On Consumer Protection.

(b) Study on Database and related indicators (development of a civil aviation related database and related indicators): The main aim of the database is to dynamically monitor the practical implementation of the YD, based on defined indicators. Its application includes production of reports, legal, economic and statistical analysis. The prepared Study-Report primarily deals with the definition of indicators for the AFCAC Database and comprises the following sub-components:

(i) defining the specifications of a database; (ii) defining related indicators; (iii) determining data to be collected, their sources and an appropriate updating frequency; (iv) proposing an operational plan for the setting up and use of the database; (v) drafting technical and operational terms of reference in order to acquire the equipment and software necessary for the implementation of the database; and (vi) Assessing the database flexibility in case of changes, making adjustment if needed.

Type of Services Provided

  • In-depth functional analysis of AFCAC’s existing practices
  • Delivering operational, institutional and organisational support to the AFCAC departments;

Study on the legal powers of AFCAC, and rules on competition and consumer protection by harmonizing

  • Legal gap analysis, i.e. analysis of the various existing legal systems (Abuja and RECs) so as to determine the perceived functions and powers of the Executing Agency;
  • Reviewing legal documents, carrying out interviews (AFCAC, RECs, AUC);
  • Drafting the following legal instruments (Regulations and implementation guidelines) to be adopted as Appendices to the YD:

a)       Draft Regulation on the Powers, Functions and Operations of the Executing Agency of the YD;

b)       Draft Regulation on Procedures to be Applied by the Executing Agency for the Issuing of Opinions, Recommendations, Decisions and Guidance Material (“Rulemaking Procedure”);

c)       Draft Regulation on Dispute Settlement Mechanisms Relating To the Implementation of the YD;

d)       Draft Regulations on Competition in Air Transport within Africa;

e)       Guidelines and Procedures for The Implementation Of The Regulations on Competition in Air Transport Services within Africa;

f)        Regulation on Protection of Consumers, provision of an African Air Transport Fund and liability of service providers in passenger air transport services.

Study on Database and related indicators

  • Review of previous studies on the impact of air transport liberalisation;
  • Data collection based of an own developed Indicator Questionnaire, distributed to the stakeholders (RECs and member states) and processing the results;
  • Defining legal, economic and statistical indicators;
  • Defining database requirement;
  • Drafting terms of references for the acquisition of the database system;
  • Capacity building at AFCAC’s IT department

Communication events, trainings, seminars and workshops

  • Coordinating and organising high-level meetings of AFCAC, REC and member state representatives to present, discuss and seek approval (validation) of the project’s findings and results