Early last week, Nigerias aviation sector and, in fact, air travel passengers, were jolted by the action taken by the Minister of Aviation, Princess Stella Odua, ostensibly to make the British Authorities to respect the Bilateral Air Services Agreement between Nigeria and the United Kingdom. Apparently frustrated by the unyielding attitude of the British authorities and fruitless meetings since 2009 with the British High Commissioner in Nigeria, over the denial of Heathrow Airport slots to Nigerias designated airlineArik Airin the Nigeria-UK BASA, the minister, cut down British Airways LondonLagos weekly frequency from seven to three effective November 9, 2011.Since then, the media has been awash with reactions from the public. Commentators varied in their views about the governments action. There are those who believe that the government was rash, while others held that Nigerian passengers will be hurt; quite a few others, including the Senate Committee Chairman on Aviation, Hope Uzodinma, held that the UK authorities should be compelled to respect their obligations in the BASA with Nigeria. But one thing that is clear in the reactions is that many commentators did not have a firm grasp of the issues involved. One group reduced the question of slot to a purely commercial disagreement between two airlines which should not involve the government, while some from another school of thought hold the view that it was wrong to sanction BA. Arik, they argued, should sort itself out.Very few, particularly those who understand the global aviation industry, saw it the way the government saw it. That is, that there is a BASA, which Nigeria and UK entered into and that each country has an obligation to respect and protect it. And that since Nigeria has fully granted the UK its due rights in the BASA by allowing its designated airlinesBA and Virgin Atlanticto operate UKs 21 frequencies in the BASA, the subterfuge of non-availability of slots at Heathrow is tantamount to a breach and therefore, unacceptable.It is unfortunate that Arik and BA are victims of what they did not cause as none of them has direct responsibility on BASA management. However, from the point of enlightened self interest, the two airlines should endeavour to see that Arik operates unfettered into UK airport of its choice and vice versa for BA. This will only ensure a rancour-free and healthy competition. This is what has not happened.Those who seek to separate slots from BASA belong to a new wave of opinion coming from European aviation circles who, because of the congested and unexpandable facilities of their airports due to space and environmental concerns, want to separate slot from frequency in order to control it. But the fundamental question they cannot resolve is the issue of reciprocity, which is the rule in international relations. If you deny another countrys airline slots on grounds of non-availability, why should you be allowed slots in that country' Denial of slots means reducing frequencies enshrined in the BASA, thus rendering the agreement inoperative. This will signify the end of BASA of any form. The danger is that it will lead to a stunted growth in the global aviation industry, unless a new platform is developed to meet the requirements of developed and developing nations alike.The fact about slot is that it is the most potent instrument of competition, but since it evolves intricately from BASA, it is also a crucial element in aeropolitics. What therefore were the UK authorities, particularly the Airport Co-ordination Limited that allocates slots at Heathrow airport up to when they forced Arik Air to buy five weekly slots for its Abuja operations in 2009 for N375m for one year which it followed by asking for N180m in 2010 and N270m in 2011' Yet, these are slots which should be free to Arik from the BASA with UK. Why, one would ask, has the UK High Commission not seen the flaw in this action, even when Ariks complaints were brought to it, occasioning three meetings since 2009' For critics who argue that slot has nothing to do with relations between countries, whey then has the British Prime Minister, David Cameron, in his bid to save the BA predicament following the aviation ministers action, supported by the Senate, found it necessary to write President Goodluck Jonathan on it for amicable solution' This brings to the fore the fact that what is at stake is not Arik or BA, but British and Nigerias national interests, which both airlines represent.It is necessary to point out here that at the time Nigeria and UK entered into the BASA and, until five years ago, there were no issues over slots. Frequency denoted slots. In all the BASA reviews, at no time did the UK authorities raise issues of slot. To therefore invoke it or use it to undermine the BASA can be seen as an act of bad faith and a mismanagement of bilateral agreements. Today, Arik Air, and Arik Abuja-London passengers are suffering for no fault of theirs. And if this is not resolved urgently, BA and more passengers will suffer, again due to UKs mismanagement of the BASA. This is why all those who have not seen that the problem we have at hand has to do with demanding that our rights in the BASA be given us, have gone off mark, unfortunately, by reducing the issue to commercial or financial arguments. Even the International Civil Aviation Organisation is battling the issue of the new concepts in slot/frequency relationship and their impact on BASA. ICAO has developed various models and options which countries can use. However, the ICAO options are advisory, indicating the inconclusiveness of its position. In the final analysis, ICAO has left it for countries to negotiate BASAs to accommodate their circumstances.This is why the Aviation ministers decision to review all BASAs is a most welcome development. Many of them are dated and skewed in our disfavour. The fact that we have only one airlineArik, serving us on international routes as against, say two or three, irrespective, we should be able to derive much more funds from international operations into Nigeria. And only well articulated BASA and commercial agreements can ensure this.To ensure this, the Ministry of Aviation should, mandatorily, involve the Nigeria Civil Aviation Authority, Arik, Federal Aviation Authority of Nigeria and Ministry of Foreign Affairs in all BASA discussions while remaining on the drivers seat.As we look forward to the resolution of the Nigeria-UK BASA disagreement, two reciprocity options are possible. The first is to re-affirm the intention and spirit of the BASA as it is now which guarantees each country access to its 21 frequency rights unfettered by any new concepts. The second option is bow to the fact that all slots in use must be paid for purely on the basis of reciprocity. Reciprocity must guide all agreements.Aligbe, an aviation expert, wrote in from Belujane Konzult, Ikeja Lagos via kandimuwa@yahoo.com. 08033150319
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