Harin batting for India

The Minister of Tourism, Harin Fernando, has stated that the Sri Lankan Government will be handing over the operation of Mattala International, Ratmalana International and Colombo International Airports to India. He has added that Sri Lanka is a part of India! Has he lost his senses?

Separately, should it not be the role of the Minister of Ports, Shipping and Aviation Nimal Siripala de Silva to make such a far-reaching decision?

Mattala, Ratmalana and Colombo are the three main airports of entry to Sri Lanka. Giving their management over to Indian organisations is tantamount to putting the proverbial snake inside one’s sarong and complaining that it is stinging.

What then will be the future of Airports and Aviation Sri Lanka (AASL)? They are, in any case, a ‘service provider’.

It is the responsibility of the government of Sri Lanka through its regulator, the Civil Aviation Authority Sri Lanka (CAASL), to adhere to International Civil Aviation Organisation (ICAO) requirements and regulations. Will this be compromised?

The International Air Transport Association (IATA) guidelines for airport governance declare that the State (in this case Sri Lanka) must be accountable irrespective of national, legal or regulatory framework, or airport ownership and operating model. Could that be ensured under this recently announced arrangement?

Such accountability must be guaranteed by enactment of primary legislation in the aviation sector, mindful of the adage that a chain is only as strong as its weakest link. I believe that the Legal Draughtsman’s Office will take an inordinate amount of time to deliver this guarantee, amongst other things.

There is also the matter of establishing an effective regulatory framework with CAASL to monitor technical/safety and economic performance of the aviation sector, and compliance with International Civil Aviation Organisation (ICAO) obligations, Standard and Recommended Procedures (SARPs), and policy guidance.

In my opinion CAASL is not yet capable of that. In a combined operation such as this, IATA stipulates “Awareness and mitigation of potential conflicts of interest inherent in the regulatory framework or ownership and operating model through clear separation of powers, for example conflicts between economic oversight and shareholding arrangements, and separation of regulatory and operational functions”.

So, it is not an ‘open-and-shut case’, as Fernando believes. It is complex. His optimism is amazingly unrealistic, to say the least.

Remember, certification of aerodromes by the technical/safety regulator under ICAO requirements will continue to be carried out by CAASL as at present. According to the Organisation of Professional Associations (OPA), report Sri Lankan regulators tend to be more “obstructive” than “facilitative” when it comes to certification. CAASL needs to be revamped for greater efficiency.

Other refinements involve the independence of regulatory authority (CAASL) from government, and striving for separation of economic regulation from technical/safety regulation. CAASL was formed under the ‘Private Companies Ordinance’ but unfortunately it has drifted back to conducting its business as a regular government office, with political interference and all.

Besides, it is vital to establish an Aircraft Accident Investigation Authority, preferably independent of the CAA. Annex 13 to the ICAO convention says: “The State shall establish an accident authority that is independent of the aviation authorities and other entities that could interfere with the conduct or objectivity of an investigation.”

That, I believe, is what ‘checks and balances’ are about.

Meanwhile, the silence of the Aviation Minister is deafening.

The proposed ‘Indian involvement’ is a sad state of affairs when we have aviation experts in this country who have retired from careers in many parts of the world, and are now capable of sharing their knowledge and experience to good effect.

There is already an Indian-managed flying school at Ratmalana catering to Indian students. Maybe the camel has already put its head in the tent, and only money will talk.

GUWAN SEEYA