ICAO International Standards and Recommended Practices for

international civil aviation: an evaluation of the effectiveness of the

adoption of those standards and procedures in Bangladesh.

Md Mustakimur Rahman
Submitted for the LL.B. Degree 2012
Nottingham Trent University
Md Mustakimur Rahman

Acknowledgements

I am thankful to God for my life, knowledge and his bless over me which giving me

much faith and strength to do something for the people of the world

My appreciation goes to Professor Dr. Mizanur Rahman who inspired me in the

beginning of my higher education, my supervisor Brian Harris for giving me the

proper guideline and suggestions for my research.

My gratitude goes to my mother and older sister, for their valuable support,

investment and encouragement.

Lastly thanks to the library staff at Boots Library, Nottingham Trent University.

Md Mustakimur Rahman

2
Md Mustakimur Rahman

Contents
Background and Objectives of the ICAO: .........................................................................................5

ICAO Standards and Recommended Practices (SARPs) for contracting states: .........................7

Aviation standards in Bangladesh: .................................................................................................... 8

Civil Aviation Authority, Bangladesh (CAAB):.........................................................................10

Power & function of CAAB:..........................................................................................................10

How the airports in Bangladesh are maintaining international standards:...............................13

Hazrat Shahjalal International Airport, Dhaka: .........................................................................14

Shah Amanat International Airport, Chittagong: ......................................................................15

Osmani International Airport, Sylhet: .........................................................................................15

Evaluation of those International airports management and problems:....................................16

Biman Bangladesh Airlines and its standards:...............................................................................18

Accidents of the Bangladesh Biman: ...............................................................................................19

Foreign Aircraft accidents and incidents in Bangladesh: .............................................................20

Recent achievement of Bangladesh:.................................................................................................21

Development of the aviation industry in Bangladesh and future plan: .....................................22

European Aviation standards: ..........................................................................................................24

Environmental protection issue: ......................................................................................................24

Recommendations: .............................................................................................................................26

1) Increase the airlines facilities for passengers: .....................................................................26

2) Runway correction in the Shahjalal airport: .......................................................................26

3) Amendment of the new airport project: ..............................................................................27

4) Passengers feedback review: ...............................................................................................27

3
Md Mustakimur Rahman

The 21st centurys globalized world giving us easier ways to communicate with

people through the help of science and technology. The modern technology is

building up the relation between people in the simplest way; it is not only making

the domestic relation but also increasing international relation across the world. The

international relation is may be giving away some of the state sovereignty because of

joining together of the sovereign states for the purpose of achieving some of

common interests. After second world, we have seen there are several international

organizations are working for the better future of the world. One of the biggest

successful organizations is United Nation and under United Nation, International

Civil Aviation Organization is one of the successful, effective agencies. It has

different special objectives in different time. After the Second World War the main

objective was to develop the aviation industry around the world. The unwanted

9/11 incident raised security issue all over the world. ICAO has been working for

aviation security after 9/11 incident, which was 21st centurys one of the main

objectives. The world is much more aware of the aviation security now a day but

with the security issue, there is one more objective added by ICAO which is

environmental issue. Carbon emission issue is the current and one of the most

important issues over the world. ICAO is an agency of the United Nation to promote

the safe and orderly development of the international civil aviation across the world.

The council of ICAO has implemented some standards and recommended practices

concerning air navigation, its infrastructure, and flight inspection prevention of

illegitimate intrusion and facilitation of border crossing events for international

4
Md Mustakimur Rahman

aviation. The headquarters of the organization is in the Quartier International of

Montreal, Quebec, Canada.

Background1 and Objectives of the ICAO:

In 1903 the first convention was held in Berlin which was about the

International Commission for Air Navigation (ICAN) and there were not any formal

agreement amongst the 8 attending countries. The second convention was in Berlin

as well which was in 1906 and thereafter the third convention was held in London

which was in 1912. The ICAN was existed until 1945 when the Provisional

International Civil Aviation Organization (PICAO) was established. The PICAO was

in operation from August 1945 till April 1947. The permanent ICAO came into begin

in 1947 and seat in Montreal, Canada. The ICAO is a successor of ICAN because the

ICAN was agreed to dissolve by the member states of the Organization. At the

moment there are 191 Contracting States2 of ICAO which is 1 of the most successful

International Organization. The objectives of the ICAO were first discussed in the

Chicago Convention which was signed on 7th December 1944 by 52 States. The

Chicago Convention was based on the planning and development of the

International air transport to make sure the safety air journey including aircrafts,

airport design around the world. The well organised air navigation facilities can give

safer air transport system in the world. Furthermore objective was to make the air

journey is economical for the general people with avoiding unnecessary competition

1
International Civil Aviation Organization, Official site, see: http://www.icao.int/pages/foundation-of-icao.aspx
[accessed 5th January 2012]
2 th
ICAO, 10 November 2011, see: http://www.icao.int/MemberStates/Member%20States.English.pdf
th
[accessed 5 January 2012]
5
Md Mustakimur Rahman

by the contracting states. There are three strategic objectives for years of 2011 -2013.

They are safety, security, environmental protection and sustainable development of

air transport3. One of the fundamental objectives of ICAO is aviation safety. The

organization is continuously working for the aviation safety with the air transport

community. There are some targets for the further development of aviation safety

which would be achieved through maintenance of recommended practices,

monitoring of the safety trends by the ICAO authority and the implementation of the

safety programmes4.

Security is another major objective of the organization. Terrorist attack through

aircrafts and unlawful seizure of air bus are threats of aviation security now a day.

Another security issue travel document. There is a program going on by the

organization is called Machine Readable Travel Document (MRDT) program which

is one of the most successful initiatives by the organization. Over 180 contracting

parties issued Machine Readable Passport with the ICAO standard. It is a big

challenge to improve the air environment, but the organization taking it seriously

now a day. In 2004, ICAO adopted three important steps to achieve the

environmental protection which are: limit the number of people affected by

significant aircraft noise, limit the impact of aviation emissions on local air quality

and limit the impact of aviation greenhouse gas emissions on the global climate5.

Another objective is sustainable development of air transport. The organization

3
ICAO, Strategic Objectives 2011-2013, see: http://www.icao.int/Pages/Strategic-Objectives.aspx [accessed
5th January 2012]
4
ICAO, safety, see: http://www.icao.int/safety/Pages/default.aspx [accessed 15th January 2012]
5
ICAO official site, http://www.icao.int/environmental-protection/Pages/default.aspx [accessed 15th January
2012]
6
Md Mustakimur Rahman

currently took five programs to improve this work, which are: Economic Analysis,

Air Transport Regulation, Forecasting, infrastructure Management and Statistic6.

ICAO Standards and Recommended Practices (SARPs) for contracting states:

The Chicago convention has the legal binding force amongst the contracting parties

but SARPs which is annexes to the convention do not have legal binding effect

because annexes are not any kind of International treaties. The main focus of the

standard is the safer aviation across the world. The 18 annexations7 are enclosing

standards and recommended practices (SARPs) for contracting states. A Standard is

defined as any specification for physical characteristics, configuration, material,

performance, personnel or procedure, the uniform application of which is

recognized as necessary for the safety or regularity of international air navigation.

The contracting States will conform in accordance with the Convention; in the event

of impossibility of compliance, notification to the Council is compulsory under

Article 38 of the Convention8. However the interpretation of standards and practices

are not same in every state. The interpretation is depends on the legal system of the

country. A Recommended practice is any specification for physical characteristics,

configuration, material, performance, personnel or procedure, the uniform

application of which is recognized as desirable in the interest of safety, regularity or

efficiency of international air navigation, and to which Contracting States will

endeavour to conform in accordance with the Convention. States are invited to

6
ICAO official site, http://www.icao.int/sustainability/Pages/default.aspx [accessed 21st January 2012]
7
ICAO standard and Recommended Practices; see: http://www.caa.govt.nz/ICAO/ICAO_Compliance.htm
[accessed 21st January 2012]
8
ICAO official site, http://legacy.icao.int/icao/en/anb/mais/index.html [accessed 21st January 2012]
7
Md Mustakimur Rahman

inform the Council of non-compliance9. ICAO standards are the minimum

requirements to follow by the contracting parties of the treaty. The different states

may follow different kind of standards but they are must not be contradictory with

the ICAO standards.

Aviation standards in Bangladesh:

During the Second World War the British Government of India had built some non-

civil airstrips near Tejgaon for operating war crafts. It was not a formal airport for

civil aviation operation on that time. After that Tejgaon airport became first airport

for civil aviation operation during the period of East Pakistan and it was also station

of the Pakistan Air Force. After 1956, the Tejgaon airport became gradually busy

with some international flights as well of Pakistan International Airlines. After 1960,

the department of Civil Aviation and the Airport Development Agency had to

upgrade the airport according with the international standards. The state started

operating domestic flight after 1960 which were located at Jessore, Chittagong, Coxs

Bazaar, Thakurgaon, Ishwardi and Comilla. In 1966, the government took a project

to construct an airport at Kurmitola which was finished after the liberation period of

Bangladesh. Bangladesh has received recognition of independent country after nine

months of war in 1971 and the previous name of this country was East Pakistan10.

Since 1960 till 1984 all kind of civil aviation matter dealt under The Civil Aviation

Ordinance 1960. The main purpose of the Ordinance was to make better provision

9
ICAO official site, http://legacy.icao.int/icao/en/anb/mais/index.html [accessed 21st January 2012]
10
Civil Aviation Authority, Bangladesh[CAAB], A brief history of early Aviation in Bangladesh, see:
http://www.caab.gov.bd/secfiles/earlyhis.html ,[accessed: 16th March 2012]
8
Md Mustakimur Rahman

for the control of manufacture, possession, use, operation, sale, import and export of

aircraft, the control and regulation of air transport services, and the control and

development of aerodromes in Bangladesh11. In 1985 Bangladesh passed a new

Ordinance by the parliament which is called Civil Aviation Authority Ordinance

1985. All civil aviation activities are regulated by this new Ordinance, 1985. This new

Civil Aviation Authority Ordinance 1985 is incorporated in the Bangladeshi legal

system, where the contexts are included from international convention. In future the

problem may arise for interpretation of those rules and regulations because of

language difference. Bangladesh is common law country where the country may

follow any common law case for any solution. There is an important case in the

English legal history where there was a conflict of interpretation. The case was

Fothergill vs. Monarch Airlines Ltd. [1981] AC 251; the House of Lord said in the

case that where the text of any international convention is printed in another

language with English as well, the court may look the text in another language

where the English text is not clear12. The new sets of rules incorporated in the 1985

Ordinance are using for development of the Bangladesh aviation industry, which are

compatible with the ICAO standards. Though the 1985 Ordinance is the new

Ordinance but before the new Ordinance passed, the government made some rules

under sections 4, 5, 6 and 8 of the Civil Aviation Ordinance 1960. The activities of the

Civil Aviation in Bangladesh are in the regulatory framework of those rules which is

11
The Civil Aviation Ordinance 1960, see http://bdlaws.minlaw.gov.bd/print_sections_all.php?id=301
th
[accessed 16 March]
12
Sixth Form Law, Statutory Interpretation, see:
http://sixthformlaw.info/02_cases/mod2/cases_stat_interp.htm#Fothergill%20v%20Monarch%20Airlines%20L
th
td%20[1980]%20HL [accessed 18 April 2012]
9
Md Mustakimur Rahman

called Civil Aviation Rules, 1984. The sets of rules are dealt with the registration of

Aircrafts, Certification of Airworthiness, Personnel licensing, bilateral agreement

and Air Transport Service Authorization13.

Civil Aviation Authority, Bangladesh (CAAB):

The civil aviation authority, Bangladesh is a government regulatory body who

regulates all aviation related activities including flights maintenance, traffic control

and also responsible for any airports activities in Bangladesh14. In 1985 the

government of Bangladesh form the authority by passed an Ordinance which is

called the Civil Aviation Ordinance, 1985. CAAB maintains the standards of

International Civil Aviation Organization.

Power & function of CAAB:

This authority is a regulatory body of the government and as regulatory body; it has

power to implements the rules, regulations and directives of the Government of

Bangladesh within the standards of International Civil Aviation Organization

(ICAO). After the independence of Bangladesh, the country is improving the

aviation sector with the relation of other states. It has several functions and the body

is functioning for improvement the aviation sector of Bangladesh. The functions15

are divided into 7 parts. Flight safety and regulations is one of the functions. In

order to safe journey, the authority maintains the registration policy of all

13
Ministry of Civil Aviation and Tourism, see: http://www.mocat.gov.bd/caab_relevant.php
th
[accessed 16 March 2012]
14 th
Civil Aviation Authority, Bangladesh, see: http://www.caab.gov.bd/ [accessed 16 March 2012]
15
Civil Aviation Authority, Bangladesh, Functions; see: http://www.caab.gov.bd/corporate/function.html
[accessed 24th March 2012]
10
Md Mustakimur Rahman

Bangladeshi aircraft. No aircraft will get certificate of air-worthiness unless the

aircraft is fulfilling the criteria of air-worthiness. This must be done for the aviation

safety of the world. The air-worthiness test must be compatible with the

international standards. Air-worthiness16 can be defined as the fitness of the aircraft

to fly only when it can fulfil the minimum criteria laid down in type certificate17.

CAAB has got power to issue the air-worthiness certificate as well as suspend or

cancel the certificate for unworthy aircraft. The authority has also duty to monitoring

the Bangladeshi aircrafts regarding maintenance of the worthiness, repair or

replacement of any part of the aircraft18. Another function is Air traffic services.

Traffic control service is providing by the authority for flying in the internal airspace

of Bangladesh in order to prevent any accident. The authority also establishes air

routes for the aircrafts and landing procedure. The authority takes all necessary

steps for rescue operation in case of any unexpected situation of the aircraft such as

missing or accident19. Communication and navigation is one of the important

functions of the authority. Bangladesh is a new and developing country in the world.

The country is trying to develop each and every aviation sectors with the

international standards. The radio navigational aids are one of the big achievements

of the CAAB. In order to safety and efficiency of the aircraft operation, the authority

communicates with all the civil aviation authorities including international airports

16
Sky brary, Airworthiness; see: http://www.skybrary.aero/index.php/Airworthiness [accessed 24th March
2012]
17
A type certificate is issued by the NAA of the State of the Operator stating the airworthiness standard for the
aircraft type, model, and aircraft engine or aircraft propeller. Sky brary, see:
http://www.skybrary.aero/index.php/Type_Certificate [accessed 24th March 2012]
18
CAAB, see: http://www.caab.gov.bd/corporate/function.html [accessed 24th March 2012]
19
Ministry of Civil Aviation and Tourism, http://www.mocat.gov.bd/about_afforgs.php?id=1&cap=1 [accessed
th
24 March 2012]
11
Md Mustakimur Rahman

of the other countries. The authority sets up the radio navigation across the country

so therefore the Bangladeshi aircrafts can communicate with the airports through

very high frequency (VHF) radio. VHF radio is covering the areas of Sylhet, Comilla,

Rajshahi, Jessore and Syedpur. The primary and secondary radar in Dhaka gives the

international flights information to the airport authority20. Airport and anti-hijack

security is part of the functions of CAAB. After 9/11, the passenger security is a big

issue around the world. Every international and national airports authority is very

concern about the security. CAAB is ensuring the security of passenger in the airport

by taking necessary steps. The necessary steps included to monitoring the airport

authority in term to term. Using technology in the airport for prevent the terrorism

in the airport or hijacking the aircraft. Facilitation of passengers is not any legal

functions of the authority but to develop the aviation industry, it is so important as

well. In any international airport, there should have some basic standard facilities for

the passengers. Those facilities included to access all the information in international

language, flight information must be accessible easily and freely, communication

service, transport, comfortable environment in the waiting room for all passengers,

entertainments and food shop. CAAB is ensuring those facilities compatible with the

international standards in the airport for domestic and international passengers.

Construction and maintenance of airports is also non-legal function of the authority.

Development planning is for expanding of the aviation industry in the country.

Development needed with the time and demand of the country and international

20
Ministry of Civil Aviation and Tourism, see: http://www.mocat.gov.bd/about_afforgs.php?id=1&cap=1
th
[accessed 24 March 2012]
12
Md Mustakimur Rahman

organizations. CAAB make the plan for aviation development in the country in

respect of domestic and international necessity and security.

CAAB is the only governmental body in Bangladesh who is dealing all kind of

aviation matter of Bangladesh. The aviation industry is not big and the country is

not developed like European country or America but the authority is trying to

maintain the minimum international standards. The U.S. Federal Aviation

Administration (FAA) placed the authority into 2nd category because of the less

safety of the aircrafts and some other reasons. In 2010 FAA made an agreement with

CAAB for helping on aviation safety issue. Through this agreement FAA will review

the civil aviation safety matter in Bangladesh which will help to maintain the

international recommended standards21.

How the airports in Bangladesh are maintaining international standards:

Bangladesh is a small country with 147570 (km)2. Since the country is independent,

Bangladesh has been developing the industry to meet the standards. Before 1980

there was only one airport in Tejgaon, Dhaka but the airport has failed to fulfil the

international requirements to make it standard international airport. In 1980 the

airport has been transferred to Kurmitola, Dhaka and the new airport met the

international standards with the help of French technical support. After that the

country spent 30 years to make 3 international and 7 domestic airports in

Bangladesh22. Now I am going to describe the 3 international airports in Bangladesh

21 th
Embassy of United State, FAA signs agreement for cooperation on civil aviation safety, 4 November 2010.
See: http://dhaka.usembassy.gov/4-nov-10-faa-sings-agreement.html [accessed 2nd April 2012]
22
CAAB, see: http://www.caab.gov.bd/adinfo/airports.html [accessed 2nd April 2012]
13
Md Mustakimur Rahman

and how they met international standards and what are the current obstructions of

those airports which may raise some issues to make some changes for holding the

international standards.

Hazrat Shahjalal International Airport, Dhaka:

The airport is the first international civil airport in Bangladesh which was

previously named by Zia International Airport, Dhaka located in the

capital of Bangladesh. The airport has got IATA code which is (DAC) and

ICAO code is (VGHS). This is the primary and the largest airport in

Bangladesh where each year over 4 million international and 1 million

domestic passengers use the airport. The airport is well structured with

the international standards. All modern equipments with standard

terminal building, sophisticated radar and warehouse included in the

airport. The services of the airport such as access flight information,

currency exchange facilities, duty free shop, post office, medical service,

international banking service and ATM facilities, lost property office,

luggage handling facilities and VIP lounge are available in the airport. The

airport has also met the ICAO requirements of rescue and fire fighting

services. The required category was VIII and the category is available.

The airport covers a big area of 1981 acres, it has got hard surface

runway and the length of the runway is 10,500 ft which is international

minimum standard. The airport is one of the well known airports in

South-Asia and the airport is well secured. A special security force is

14
Md Mustakimur Rahman

working for the security of the airport for 24 hours. It is called the Airport

Armed Police Battalion (AAP)23; this unit is a part of Bangladesh police.

They are well trained and intelligent, who are always ready to fight

against terrorism or any kind of crime inside the airport.

Shah Amanat International Airport, Chittagong:

This airport is the second largest international airport in Bangladesh.

IATA code is CGA and ICAO code is VGEG. The runway length of this

airport is right now 10,500 ft which is extended form for better facility of

international service and it has also hard surface. The runway is able to

take off and take on those big category aircrafts such as Boeing 720. The

airport is using the high technology and modern equipment for better

communication such as 3D radar. All general facilities are available in the

airport and they met international standards.

Osmani International Airport, Sylhet:

The airport is operated by the civil aviation authority of Bangladesh. This

is the third international airport in Bangladesh. IATA code is ZYL and

ICAO code is VGSY. The runway is the same length as like as other

international airport in Bangladesh. This airport is not well standard

formatted because the lack of landing lighting system and instrument

landing system. There are limited rescue equipment limited in the airport

because the there are limited number of aircrafts takes off and on every

23 th
Airport Armed Police Bangladesh, see: http://www.aap.gov.bd/index.php/en/ [accessed 10 April 2012]
15
Md Mustakimur Rahman

day. After 2002 the government of Bangladesh designated the airport as an

international airport. The airport can carried over medium size of aircrafts

only. This is not the first category international airport but the airport

maintains international standards to ensure safe journey.

Evaluation of those International airports management and problems:

There are three international airports which I have said before. Even though they

met minimum criteria of international standard but there are several problems of

those airports as well. The central airport is in Dhaka. It has several obstructions24

around the airport which may give bad effect to the pilot to continue the flight. Some

are physical objects such as high raised building and some are non-physical objects

which may give communicative problem between aircrafts and airport authority.

The major obstructions are some radars around the airport, such as Bangladesh

Army, Naval headquarter and Bangladesh Air forces main radar. Apart from these,

there is a primary radar antenna and flexible metallic antenna also may give

problem to continue safer communication between aircrafts and airport authority. In

future it would be a great challenge to keep the airport on that place for safer

landing and departing of the domestic and international flights. The Dhaka airport

has only one runway which is another problem to maintain the flights sometimes.

Neither the authority can make another runway because of inadequate land. The

airport is the central airport of Bangladesh and therefore it has either needed second

runway or another airport has to be manufactured to maintain all the domestic and

international flights.
24
CAAB, List of obstructions; see: http://www.caab.gov.bd/adinfo/adinfo5zia.html [accessed 10th April 2012]
16
Md Mustakimur Rahman

This is a big problem for the Bangladesh aviation industry to keep the good relation

with other aviation industry. Some international aviation industry already found

that this airport is risky so therefore they are not interested to make deal with this

airport, such as American airlines and recently British airlines declined to continue

flight with this airport.

Chittagong is hill track area so therefore there are lots of hills around the Shah

Amanat International airport but they are not any major obstruction for

communication or in the time of landing any aircraft. The 3D radar is able to give the

proper direction for landing or take off any aircraft.

The 9/11 was an unexpected and unwelcomed incident for the world aviation

history. After the incident the whole world is beware of the security including

Bangladesh. All international airports in Bangladesh are bewaring of passengers and

aircraft security. The airports authorities are always prepared for general and

emergency security of the airports and passengers. No passengers is allowed to carry

any dangerous goods into the aircrafts and there will be body search through x-ray

machine as well as by person in the airport for make sure that the passenger has not

bearing any illegal or dangerous equipment which may be harmful for the aircraft or

other passenger during the journey. The requirement of not to carry any dangerous

goods in the aircraft is required by the ICAO to all contracting parties. From my own

experience I can say that the internal security of the airport in Bangladesh is much

safer for the passenger. Day by day the countrys all international airports are

17
Md Mustakimur Rahman

upgrading into modern and well standards. CAAB is taking further steps to increase

the standard level and ensuring the safer journey for the civil people.

Biman Bangladesh Airlines and its standards:

Biman Bangladesh Airlines is the national airlines of Bangladesh. The airline was

founded in 4th January 1972 which was immediate after independence of

Bangladesh. The IATA airline code of the Biman Bangladesh Airline is BG and ICAO

code is BBC. The airlines company has agreement with 42 countries but it does not

fly to all countries. The government was the sole owner of the airline until 2007, and

after that it has transformed into public limited company25. In the past decades the

airline was not in well controlled and therefore the service was corrupted and very

poor. The service had very bad reputation for poor services such as cancellation,

delays flights and luggage missing were the common problem of the service.

There were some safety issue of the airbus as well and for the safety issue, the

aircraft was banned for some of the European countries and United States as well.

The carrier has failed to meet the international standards several times because of the

safety issue and poor services. Because of the poor services and safety issue, the

Federal Aviation Administration (FAA) had placed the CAAB into category 2 which

means the authority does not meet the international standards criteria. Therefore

25 th
Hasan, R, The Daily Star newspaper,24 July 2007,
http://www.thedailystar.net/2007/07/24/d70724012117.htm [accessed 10th April 2012]
18
Md Mustakimur Rahman

FAA put additional restrictions on Bangladeshi airlines for flying to United States. In

2006 the US refused permission one Biman Bangladesh flight to New York26.

Since the company became public limited company, it has developing and

improving the passengers facilities. Under the new management of the company, the

aircrafts are being modernised. The management is making deal with different

aviation companies and buying, leasing some aircrafts. In 2008, Bangladesh airlines

made a contract with Boeing Company and ordered four 777-300ERs and four 787-8

aircrafts27. In 2010, the airlines company took delivery 1 new aircraft and intended to

resume some suspended flights such as Bangkok, Mumbai, NY by March 201028.

Accidents of the Bangladesh Biman:

After started the journey of Biman Bangladesh Airlines, the airlines has faced some

incidents and accidents in different territories. A report was released by the database

of the Aviation Safety Network29. The database shows that the airlines faced 11

incidents in different airports. The first accident was in 1972 in Dhaka and the recent

accident was in Dubai airport in March 2007. The worst accident was in 1984, a flight

26 th
Lawson, A., BBC news, 16 May 2006, http://news.bbc.co.uk/1/hi/world/south_asia/4986586.stm
[accessed 27th March 2012]
27
Boeing, 22th April 2008, see: http://www.boeing.com/news/releases/2008/q2/080422d_nr.html [accessed
27th March 2012]
28 th
Online news, 4 February 2010, http://atwonline.com/airports-routes/news/other-news-02042010-0309-0
[accessed 27th March 2012]
29
Aviation Safety Network, 2012, see: http://aviation-
safety.net/database/dblist.php?sorteer=datekey_desc&kind=%&cat=%&page=1&field=Operatorkey&var=5131
th
[accessed 28 March 2012]
19
Md Mustakimur Rahman

from Chittagong to Dhaka was crashed during the heavy rainfall. The aircraft was

owned by Bangladesh Biman Airlines. All passengers died in the incident30.

Foreign Aircraft accidents and incidents in Bangladesh:

A Japan Airlines was hijacked by some Japanese red Army in 1977. The flight was

from Mumbai to Tokyo but the terrorist forced the pilot to take off the aircraft in

Dhaka airport. Bangladesh Air Force was able to control the situation and they

negotiated with the terrorist in the aircraft31. A Saudi Airlines had unscheduled

landing in the Dhaka airport in 2008. The problem was fire in the right wing. After

landing fire could not be expanded and the aircraft was evacuated32. A Sky cargo

airline had emergency landing in the Dhaka airport due to engine problem of the

aircraft. The rescue team of the airport controlled the situation and the aircraft was

safe as well33. Since the country is independent, Bangladesh did not face any big

problem of aviation issue which may affect in the aviation industry of Bangladesh

and international relations with other aviation industries. However because of the

bad management and lack of the expertise, Biman Bangladesh Airlines have very

poor reputation and struggling to maintain the international standards. The

passengers are not receiving enough general facilities yet from the airlines. They are

complaining for delaying flight, luggage missing and poor management of ticketing.

30 th
The New York Times, Reuters, 6 August 1984, http://www.nytimes.com/1984/08/06/world/around-the-
world-49-die-in-bangladesh-as-plane-plunges.html [accessed 27th March 2012]
31 th
Kyodo,The Japan Times Online,15 September 2011,see:
http://www.japantimes.co.jp/text/nn20110915a9.html [accessed 28th March 2012]
32 th
Aviation Safety Network, 25 March 2008, see: http://www.aviation-
th
safety.net/database/record.php?id=20080325-0 [accessed 15 March 2012]
33
The Daily Star, 23 March 2010, see: http://www.thedailystar.net/newDesign/news-details.php?nid=131262
th
[accessed 15 March 2012]
20
Md Mustakimur Rahman

These are the common problems of Bangladesh airlines which is breaching

international standards.

Recent achievement of Bangladesh:

After 9/11 the world is becoming more aware of territorial and international

security. With the context of security, the ICAO has announced to the contracting

parties for e-passport in 2004. The new machine readable passport is designed for

two purposes. First is the border control agency can use the information for the

identification of the passport holder and second is the originality of the passport can

be identified by using cryptographic technologies34. After that MRP is one of the

ICAO standards is must be fulfil the criteria by the contracting parties. Bangladesh

has been told to fulfil the criteria by ICAO within a time frame. Though it was a big

challenge for Bangladesh government to make a project by March 2010 but the

government was able to complete it within the allocated time. The government

approved and introduced the project of 5600 million BDT in 2009 and then MRP was

available for all general public from June 2010. Through this project Bangladesh

entered into digital aviation world. The project is continuing project; the government

is expecting to replace all old passports by MRP within the year of 201535. This

achievement is one of biggest achievement in Bangladesh aviation history.

34
Gaurav S Kc., 2005, IBM Research Report, Security and privacy issue in Machine Readable Travel documents,
page3,See:http://domino.watson.ibm.com/library/CyberDig.nsf/papers/751B6341BFB9015485256FDB005DB2
th
16/$File/RC23575.pdf [accessed 15 March 2012]
35
National web portal of Bangladesh:
see:http://www.bangladesh.gov.bd/index.php?Itemid=27&id=141&option=com_content&task=category
th
[accessed 15 March 2012]
21
Md Mustakimur Rahman

Development of the aviation industry in Bangladesh and future plan:

After the liberation period in 1971, the entire country was damaged including

airports and the Department of Civil Aviation. Since 1971 the country is developing

the aviation industry such as increasing the number of airports, aircrafts and making

them with the international standards. The country has 3 international and 7

domestic airports. Past few years there were some renovation work in the Hazrat

Shahjalal International Airport such as consultancy service, runway upgrading and

circuit main power plan. There is an ongoing project in the Coxs Bazar airport

which will be done by June 201236. Shahjalal airport is becoming a fuel hub for

foreign aircrafts. The planning commission is just waiting for the final approval of

the government37. This facility will create more international relation with the other

aviation industries.

The civil aviation authority, Bangladesh has also future development plan. The

government allocated some budget for improvement of the aviation industry of

Bangladesh. For the period of (2011-2015), the budget is approximate 108.5138

million39. As I discussed earlier that the Shahjalal International Airport has only 1

runway and therefore the authority has to face problem sometime to maintain

flights. Because of the runway and cantonment problem around the airport, the

government of Bangladesh approved a plan to make a new airport nearby Dhaka

which will cost 3787.87 million. The airport will have 2 runways which will fulfil

36
CAAB, Ongoing projects, see: http://www.caab.gov.bd/devlpmnts/currproj.html [accessed 15th April 2012]
37 th th
Bdhawker, 20 March 2012, http://www.hawker.com.bd/news_details.php?news_id=196621 [accessed 15
April 2012]
38
1= 132 BDT
39
CAAB, future plan of development, see: http://www.caab.gov.bd/devlpmnts/futureproj.html [accessed 15th
April 2012]
22
Md Mustakimur Rahman

the lack of flight management. The emission and noise of the aircrafts would not

affect to the residence from the new airport as like as Shahjalal International

Airport40. But the further criticism may arise because of the lack of the ICAO

standards in the new airport project. In the proposal it has said that due to space

problem in the terminal building, the demand of the modern security concept cannot

be included in the airport which is a core requirement by the ICAO41.

As we can see that the aviation industry of Bangladesh is developing some minor

problems and criticism but all in all it is better to see the development is ongoing.

The works done by the aviation authority of Bangladesh may not be perfect but they

are trying to create the strong platform in the international aviation industry.

Bangladeshi aviation industry is a small industry in the world but there are some

other big aviation industries in the world such as European Union aviation industry,

American aviation, Canadian, Australian, China and others. As we have seen that

Bangladesh has some positive obligations to fulfil the ICAO standards such as to

make sure passenger security, safer journey, international standard airport and

adequate passenger facilities in the airport, airworthy aircraft licensing and so on but

in the other side there are some negative obligations for other aviation industries to

fulfil the ICAO standards. The example can be given is reducing carbon emission

rate from the EU zone. My next discussion will be European aviation standards and

its carbon emission issue which is related to the environment protection issue.

40 th
Reuters, 29 August 2010, Bangladesh approves $7.2 bln airport project; see:
http://in.reuters.com/article/2010/08/29/idINIndia-51141920100829 [accessed 15th April 2012]
41 th
The Daily Star, 28 August 2010, New International Airport cost 50,000 cr; see:
th
http://www.thedailystar.net/newDesign/news-details.php?nid=152589 [accessed 15 April 2012]
23
Md Mustakimur Rahman

European Aviation standards:

The European Aviation Safety Agency (EASA) is one of the successful aviation

agencies in the world without any doubt. The agency promotes the highest

standards of safety and environmental protection in Europe and worldwide. The

agencys responsibilities42 include implementing and monitoring safety rules in the

contracting parties of European Union. Each contracting party maintain the

standards of the European Aviation standards which is compatible with the

International standards. The agency has the power to inspect the standardisation

under the EC Regulation No: 736/2006. All standards included airworthiness,

aircraft certification, airport security standards, and environmental protection issue.

In this part I am going to discuss the environmental protection issue and how the

European aviation industry affecting to the open sky environment.

Environmental protection issue:

The current and most important awareness issue is Environmental Protection issue

in the Europe. The environmental protection therefore is an integral part of the

EASAs general structure of rules and regulations. Recently the environmental issue

is giving negative impact into the civil aviation industry in Europe. The agencys aim

to reduce the environmental impact of the aviation sector across Europe and

worldwide. The two main environmental issues are noise and emission of the

42
The responsibilities are: expert advice to the EU for drafting new legislation; implementing and monitoring
safety rules, including inspections in the Member States; type-certification of aircraft and components, as well
as the approval of organisations involved in the design, manufacture and maintenance of aeronautical products;
authorization of third-country (non EU) operators; safety analysis and research. European Aviation Safety
Agency, See: http://easa.europa.eu/what-we-do.php [accessd 19th March 2012]

24
Md Mustakimur Rahman

aircraft. The agency is working for reducing CO2 emission by half between 2005 and

2050. The number of increasing aircrafts making continuous noise which giving a

very significant environmental effect around the airports and also they are

disturbing the people. The local air is polluting by the air transport of Europe which

is harmful for the environment. Though the air transport is not the only way for

carbon emission but the European Commission has a plan to reduce the emission

from the aviation sector. The commission introduced EU Emission Trading System

(EU ETS) which will control the aviation emission and will be environmentally

effective option for the aviation industry. This Trading System started in 2005 which

was excluded the aviation sector but in 2009 a legislation was adopted which is

covering aviation sector as well. From the beginning of 2012 this legislation is

covering all domestic and international flights as well43. Some of the US airlines are

against this trade association but the EU court upheld 2009 legislation and the

commission said that the EU ETS does not infringe the sovereignty of any third

countries44. Their ultimate future plan is to cut down CO2 emission from aviation

sector and develop the aviation industry without sacrificing environment.

After a long discussion of the Bangladesh aviation industry, now I am going to

discuss some mandatory recommendations for develop the aviation industry in

Bangladesh. These recommendations are may help to fill up some gaps of primary

43
Europa, Climate action, Inclusion of aviation into the EU ETS as of 2012, see:
th
http://ec.europa.eu/clima/policies/transport/aviation/index_en.htm [accessed 19 March 2012]
44
Europa, Climate action, EU reaffirms its commitment to tackling emissions from international aviation, see:
http://ec.europa.eu/clima/policies/transport/aviation/index_en.htm [accessed 19th March 2012]
25
Md Mustakimur Rahman

requirements to meet international standards and build up strong relation with other

aviation industries.

Recommendations:

1) Increase the airlines facilities for passengers: I have discussed the issue of

poor services of Bangladesh Biman already. Those poor services are breaching

the international standard. Flight delay, luggage missing are the common

problems which is reducing the passengers interests from the airlines.

Reducing passenger is also affecting the economy of the airlines. In this

competitive international market, the product must be interested and well

facilitated for the passengers. This is not any legal recommendation but as far

I have concern that Biman Bangladesh airline is in heavy economical loss for

bad management and poor service so therefore this requirement may fill up

some of the lacks of Biman Bangladesh airline industry.

2) Runway correction in the Shahjalal airport: Though this recommendation is

any ICAO recommendation but this will help to build up the relation with

international airlines. The Shahjalal airport is the primary airport of the

country. The airport is experiencing runway problem and the runway need

temporary correction to maintain departing and landing domestic and

international flights. As we know that there is a new airport going to be

manufactured so therefore the temporary correction will help to maintain

flights till the new airport is manufactured.

26
Md Mustakimur Rahman

3) Amendment of the new airport project: After 9/11 incident every state has

becoming aware of the security. ICAO has recommended to every state to

manage the best security level in the airport which is must be compatible with

the international standard. In the new airport project of Bangladesh, the

modern security concept has not been included which is mandatory legal

requirement of ICAO. The new project has need to be amend for not only

fulfil the ICAO requirement but also for internal security and safety. The new

airport without modern security system may be void as an international

airport by ICAO.

4) Passengers feedback review: CAAB can make a committee to collect

feedback from the passengers about the services and facilities of the aircraft.

These feedbacks can be reviewed once or twice a year which will give some

idea about the standards of the service. The annual report of the feedback will

give directions to make any changes if they need.

ICAO is an international aviation agent who has duty and object to provide proper

guidelines for safer and secure civil aviation across the world. Their expertises are

providing some standard rules and regulations for the contracting parties to follow

for safer journey. In the aviation history, 9/11 was a black mark incident for the

world aviation. Other than 9/11 there were some aircraft crimes such as hijacking

aircraft by the terrorists. Those incidents were making the international aviation

industry so vulnerable. The security of the public life was not safe. After those

incidents, ICAO had to take so many steps to control the situation. Therefore from

27
Md Mustakimur Rahman

2001 till now the platform of the world aviation has been changed a lot. The security

level of the aircrafts and airports in most of the countries has been developed. The

aviation industries are developing and increasing but in the other side those aircrafts

are polluting the air. The carbon emission and aircraft noise are affecting on the

environment. ICAO has becoming aware of the environmental issue. The

Organization is taking some steps to cut down the emission by the aviation. I have

discussed the issue in the part of European aviation standard where the European

commission has taken the step to cut down the emission by aviation.

Bangladesh is a contracting party of the ICAO. The country has ratified the Chicago

treaty on 22nd December 197245 and after that they have ratified some other treaties

as well. As a member of the ICAO Bangladesh has duty and obligations to fulfil the

standards. The standards are not fulfilled in the Bangladesh aviation industry but

they are taking steps to fulfil the minimum standards so far. After the independent

of Bangladesh, the country has taken so many steps to develop the industry. Within

the short resource and economic involvements, Bangladesh is trying to make the

industry more strong and compatible with the ICAO standards. We have seen that

recently the country has taken some major steps to comply with the international

standards; ie: Machine Readable Passport (MRP) and Machine Readable Visa (MRV).

45
STATUS OF BANGLADESH WITH REGARD TO INTERNATIONAL AIR LAW INSTRUMENTS;
see: http://www2.icao.int/en/leb/Status%20of%20individual%20States/bangladesh_en.pdf [accessed 19th
March 2012]
28