The Second Extraordinary Session of the Specialized Technical Committee on Transport, Transcontinental and Interregional Infrastructure, and Energy (STC-TTIIE) held from 14-16 June 2022 has approved the draft Regulation related to the Single African Air Transport Market (SAATM) Dispute Settlement Mechanism (DSM) and requested the African Civil Aviation Council (AFCAC) in collaboration with the African Union Commission (AUC), the United Nations Economic Commission for Africa (ECA) and other key partners to establish the DSM Administrative Council and its Secretariat and report to the Monitoring Body of the Yamoussoukro Decision (YD). The STC-TTIIE also requested from the said partners, the draft Regulation on Policy Guidelines for Negotiation of Air Services Agreements between the AU Member States and other Countries and Regions.
The 41st Session of AU Executive Council held in Lusaka, Zambia, from 14 to 16 July 2022, has also adopted the Regulatory Framework of the DSM as well the Regulation on Policy Guidelines for Negotiation of Air Services Agreements between the AU Member States and other Countries and Regions.
The YD/SAATM Monitoring Body held its 14th session (28-30 August 2023) focused on the implementation of the DSM Regulations and adopted a roadmap for its operationalization in two phases: inception phase and implementation phase.
In order to accelerate the operationalization of the DSM institutional framework, the AUC and the AFCAC recruited two staff to serve as staff to the DSM Secretariat. The two staff members resumed functions at the AFCAC headquarter on the 2nd October 2023.
In addition, ECA acting as the Secretariat of the Monitoring Body of the YD/SAATM, has launched on 23rd November 2023 a Call for Application for the recruitment of the 5 Members of the DSM Administrative Council including 5 Alternates from the five (5) AU/AFCAC Regions. This Call for application was extended from 19th January to 19th February, 2024.
Once the process relating to the Administrative Council will be finalized, the institutional framework of the DSM should be ready to provide to the African Stakeholders (States, Administrations, Airlines, Airports, ANSPs, Passengers…) the services of Mediation, Conciliation and/or Arbitration for disputes arising for the interpretation or the application of the YD/SAATM Air Transport Legal instruments.
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