Pakistan Violating Freedom of Air

• 09 Nov 2021

Why in News

Recently, India has launched a direct flight between Srinagar and Sharjah (UAE) operated by budget airline GoFirst (formerly known as GoAir). The flight was to operate through Pakistani airspace.

• However, the flight was denied permission to enter Pakistan and the flight had to take a longer route to reach the destination.
• This has raised the concern of Pakistan violating the first freedom of the air.

Key Points

• Freedom of Air:
  
  • The freedom of air means a country grants airlines of a particular country the privilege to use and/or land in another country’s airspace.
  • Freedom of air rule emanates from the Chicago Convention in 1944.
  • The signatories to the convention decided to set rules that would act as fundamental building blocks to international commercial aviation.
  • The convention provides Nine freedoms of air, but only the first five freedoms have been officially recognized by the International Civil Aviation Organisation (ICAO).
    
    • First Freedom Right: It is granted by one State to another State or States to fly across its territory without landing.
      
      • In the case of the GoFirst flight (Indian carrier) was using the airspace of Pakistan (the second country) and was landing in the UAE (the third country).
    • Second Freedom Right: The right or privilege, in respect of scheduled international air services, granted by one State to another State or States to land in its territory for non-traffic purposes.
      
      • This means an Air India flight from New Delhi to New York can land at a British airport to get refuelled without embarking or disembarking passengers.
    • Third Freedom Right: To put down, in the territory of the first State, traffic coming from the home State of the carrier.
    • Fourth Freedom Right: To take on, in the territory of the first State, traffic destined for the home State of the carrier.
    • Fifth Freedom Right: To put down and to take on, in the territory of the first State, traffic coming from or destined to a third State.
• India’s Options:
  
  • Pakistan’s denial of airspace is arbitrary and against the principles laid down by the Chicago convention.
    
    • Earlier also, there are several such instances where Pakistan has denied access to its airspace.
  • India can take up this issue with the International Civil Aviation Organisation (ICAO).

International Civil Aviation Organisation

• It is a United Nations (UN) specialized agency, established in 1944, which laid the foundation for the standards and procedures for peaceful global air navigation.
  
  • The Convention on International Civil Aviation was signed on 7^th December 1944 in Chicago.
  • It established the core principles permitting international transport by air, and also led to the creation of the ICAO.
• One of its objectives is to foster the planning and development of international air transport so as to ensure the safe and orderly growth of international civil aviation throughout the world.
  
  • India is among its 193 members.
• It is headquartered in Montreal, Canada.

Source: IE