PRACTICAL GUIDE FOR AIR ACCIDENT VICTIMS AND THEIR RELATIVES

Transcription

1 International Civil Aviation Organization INFORMATION PAPER FALP/10-IP/5 27/8/18 FACILITATION PANEL (FALP) TENTH MEETING Montréal, September 2018 Agenda Item 6: Other matters PRACTICAL GUIDE FOR AIR ACCIDENT VICTIMS AND THEIR RELATIVES (Presented by the European Civil Aviation Conference (ECAC)) SUMMARY This paper presents the Practical guide on safety investigations for Air Accident Victims and their Relatives included in ECAC Doc 30, Part I as a new Annex in 2018, for the information of the ICAO Facilitation Panel. 1. INTRODUCTION 1.1 For many years, the International Civil Aviation Organisation (ICAO) has been active in addressing the key issue of the assistance to the victims of air accidents and their families. In 2001, ICAO drafted guidance on assistance to aircraft accident victims and their families (circular 285). In 2005, some measures to facilitate the entry of family members to the States where an accident occurred were incorporated in Annex 9 to the Chicago Convention. The adoption of these documents served as a preamble to the adoption, at the 38 th Session of the ICAO Assembly, of a Recommended Practice to be included in Annex 9, which highlighted the necessity for each State to implement legislations, regulations and/or policies to support victims of aviation accidents and their family members. 1.2 Recommended Practice 8.46 included in the Chapter 8 (Facilitation provisions covering specific subjects) section I (Assistance to aircraft accident victims and their families) of Annex 9 states: 8.46 Recommended Practice. Contracting States should establish legislation, regulations and/or policies in support of assistance to aircraft accident victims and their families. (6 pages) FAP10.IP5.Assistance families-ecac.doc

2 FALP/10-IP/5-2 - Note. Attention is drawn to Doc 9998, ICAO Policy on Assistance to Aircraft Accident Victims and their Families and Doc 9973, Manual on Assistance to Aircraft Accident Victims and their Families. 1.3 Aviation accidents have enormous human impacts on the survivors and families of the victims. Victims and their families have immediate needs that require adequate emotional support as well as precise and immediate information. The facilitation of a number of practical arrangements to help the affected people to identify the right source of information, gain access to immediate financial compensation, transport and accommodation, or the collaboration with the authorities for the identification of victims, are some examples of essential issues that need to be addressed. 1.4 In 2013, ICAO published the first edition of the ICAO Policy on Assistance to Aircraft Accident Victims, which recommends that States reaffirm their commitment and establish legislation to ensure that adequate and sufficient assistance is provided to aircraft accident victims and their families. 1.5 In October 2016, the 39 th Session of the ICAO Assembly (see Resolution (A39-27)) directed the ICAO Council to give further consideration to the development of Standards and Recommended Practices to support victims of civil aviation accidents and their families. 2. EUROPEAN INITIATIVES 2.1 One key aspect of the assistance to the families of aircraft accident victims and their families is the relationship with the Safety Investigation Authorities, which are responsible for performing the accident investigations, in accordance with ICAO Annex Safety investigations into accidents and incidents are a fundamental part of the aviation system. They provide validated and comprehensive data to the decision makers as well as Safety Recommendations, some being Safety Recommendations of Global Concern (SRGC). During the investigation process, safety investigators may have to inform accident victims and their relatives, provided that it does not compromise the objectives of the safety investigation. 2.3 In October 2000, the ECAC Accident and Incident Investigation Expert Group (ACC), organised the first symposium on assistance to victims of aviation accidents and their families in Tallinn (Estonia). This event enabled the exchange of information about national practices and triggered the development of several initiatives. 2.4 In 2010, the European Parliament and the Council adopted more provisions related to the assistance to victims of air accidents and their relatives in Regulation (EU) No 996/2010 on the investigation and prevention of accidents and incidents in civil aviation. Article 21 of Regulation (EU) No 996/2010, which apply to EU 28 Member States, requires the establishment of a civil aviation accident emergency plan at national level, which shall also cover assistance to the victims of civil aviation accidents and their relatives. 2.5 In the framework of its facilitation activities, ECAC organised a workshop entitled Assistance to Victims of Air Accidents and their Families in June The objective of this workshop was to share best practice and experience on the assistance to victims of civil aviation accidents and their relatives, and to bring together the national authorities, international organisations (e.g. ICAO) and experts involved in this subject. This workshop represented an opportunity to present the draft leaflet developed by the European Network of Civil Aviation Safety Investigation Authorities (ENCASIA). This guide was specifically prepared for victims and their relatives to facilitate their understanding of the role and the different phases of a safety investigation, as well as its relationship with the other entities involved in dealing with the accident. It also described the main milestones of the investigation of

3 - 3 - FALP/10-IP/5 accidents to commercial air transport aircraft and explained the role of a Safety Investigation Authority. The draft ENCASIA leaflet was well received by the participants and was later made available in 23 languages on the ENCASIA website The ACC workshop organised in May 2016 by ECAC, focused on Social Communication Associated with the Air Accident Investigation Process. Issues such as the impact of social media on the investigation, best practices for developing communication plans, communication with the families of the victims and how best to meet their expectations, and managing media expectations were discussed during this workshop. The ENCASIA leaflet was also presented at this occasion. 2.7 Each year, ECAC updates its regional facilitation manual, Doc 30, Part I on Facilitation to encourage and further harmonise good practices among its 44 Member States. In 2018 ECAC Member States adopted the inclusion of the leaflet A practical guide on safety investigations for air accident victims and their relatives in ECAC Doc 30 as a new Annex 6-A see Appendix. 3. CONCLUSIONS 3.1 Considering that this document is in line with the last ICAO Assembly Resolution (A39-27) and could be of interest to other regions, ECAC Member States agreed that this Annex 6-A should be shared as a contribution to this Panel meeting. 1

4 FALP/10-IP/5-4 - APPENDIX ECAC DOC 30, PART I (FACILITATION) ANNEX 6-A PRACTICAL GUIDE ON SAFETY INVESTIGATIONS FOR AIR ACCIDENT VICTIMS AND THEIR RELATIVES 1. INTRODUCTION 1.1 The European Network of Civil Aviation Safety Investigation Authorities (ENCASIA) produced a leaflet for air accident victims and their relatives in order to facilitate their understanding of the role and the different phases of a safety investigation. 1.2 The leaflet describes the main milestones of the investigation of accidents to commercial air transport aircraft that occur within Europe. 1.3 Each Member State has established a permanent Safety Investigation Authority (SIA) capable of independently conducting a full safety investigation, either on its own or through agreements with other SIAs. 1.4 Member States should designate a national coordinator or coordinating agency which will be the point of contact between the victims and relatives and the government agencies and non-government organisations. The sole objective of a safety investigation is the prevention of future accidents without apportioning blame or liability. 2. REFERENCES 2.1 Regulation (EU) No 996/2010 on the investigation and prevention of accidents and incidents in civil aviation. 2.2 Regulation (EC) No 889/2002 amending Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents. 2.3 A list of victims associations is available on the ENCASIA website The leaflet is available in twenty-three languages on the ENCASIA website. 3. PHASES OF THE SAFETY INVESTIGATION

5 - 5 - FALP/10-IP/5 3.1 FIRST HOURS / DAYS o Notification/start of the safety investigation; o Go team to accident site (including accredited representatives and advisors from other involved countries); and o Field phase: preservation and collection of evidence. 3.2 FIRST WEEKS / MONTHS o Flight Recorders (Black Boxes) read out and validation; o o o Publication of the final report on the circumstances and causes of the accident; Release of factual information by the safety investigation authority; and Additional technical examination, research and/or studies. 3.3 FIRST YEAR AND AFTER o Interim statement/report released a year after the date of the accident; and o Publication of the final report on the circumstances and causes of the accident. Release of safety recommendations to prevent future accidents and further improve aviation safety 4. ASSISTANCE TO VICTIMS AND THEIR RELATIVES 4.1 Information provided to relatives by the call centre (air carriers must set up a hotline). 4.2 Appointment of a national coordinator who will be the main interface with victims and their relatives. 4.3 The air carrier and the national coordinator are the initial points of contact for assistance to victims and relatives after an accident. 4.4 Validation of passengers' list (air carrier must provide within two hours the list of passengers). 4.5 Dedicated personnel (air carrier s care centre). 4.6 Provision of psychological assistance. 4.7 Financial assistance for immediate needs 'not later than fifteen days after the identity of the natural person entitled to compensation has been established', as stipulated by Regulation (EC) No 889/ Updates through face-to-face meetings with family members in coordination with officials. 4.9 Arrangements for a visit to the accident site.

6 FALP/10-IP/ Information provided to relatives prior to official releases Commemoration of the accident generally with the construction of a memorial(s) Explanations provided prior to the publication of the final report. The actions described in bold in this section are under the responsibility of, or in coordination with the SIA. 5. WHAT YOU SHOULD ALSO KNOW 5.1 Media and social media will spread a lot of partial information in the hours/days following the accident. A lot of so-called specialists will speculate on the causes of the accident in the following days. It will take more time for safety investigators to check and validate all the pieces of information to determine the precise facts and circumstances of the accident. Only the safety investigation authority will provide victims and relatives with validated information and explanations. 5.2 Arrangements for a visit to the accident site by the relatives should be made with the safety investigation authority concerned and any other authorities responsible for victim recovery and identification. However, the accident site is not always accessible. 5.3 After an air accident, a separate judicial investigation is also generally instituted to define responsibilities. This process is independent from the investigation conducted by the SIA. END