Air Passengers’ Rights in Africa: Development, Enforcement and Challenges
Abstract
This article appraises air passengers’ rights in Africa by
critiquing the development of the rights, enforcement and
challenges faced in implementation of the rights. Using a
doctrinal method, five African states are selected along
geographical regional lines with each state representing a
Regional Economic Community (REC) in the African
Union (AU). The article finds that the passengers’ rights
in African states developed through international law and
foreign jurisprudence. The adoption and legal transplant,
however, pose challenges in effective implementation of
the laws due to lack of adequate infrastructure in African
states, and low capacity of African air carriers. To ensure
the sustainability of air passengers’ rights protection in
Africa, the article proposes among others, government
assistance, regulators’ evaluation of practicability of
compliance, and harmonisation of national laws with the
Single African Air Transport Market (SAATM) framework.