Background

• 22/09/1998: Semira Adamu dies of suffocation in a Sabena aircraft during her deportation.
• End 1998: Following BeCA’s recommendation to refuse the transportation of all obliged passengers until captain’s authority is respected, the 1st commission is created under Pr Vermeersch’s lead. Jean De Looze participates as BeCA expert. Its role is to allow the ‘smooth’ transportation of deportees and avoid common problems (deaths, conflicts between police and pilots, riots on board, etc.).
• 2000: Entry into force of the law Durant which defines the procedure for the transportation of obliged passagers.
• 2005: After the conviction of some police officers, a new commission started. BeCA is called again, represented by Pierre Ghyoot and Paul Rombouts.
• End 2017: Following the affair of Sudanese refugees, the parliament asks to start again a follow-up commission. The commission is led by Mr Bossuyt. BeCA is again part of it, through the participation of Jean de Looze and Paul Rombouts.
• February 2019: The interim report is published. Final report to be expected beginning of 2020.

BeCA’s position & actions

Since the beginning, BeCA has been closely involved in the three commissions and officially considered as a full-fledged stakeholder. Our position and messages (read our letter to Mr Bossuyt: https://bit.ly/2WFRAjg) have remained the same:

• Respect of the Captain’s authority, in line with Tokyo convention: the captain is the highest authority on board and in charge of deciding whether to accept or refuse a passenger, not the police officers.
• Pre-notification: the crew must be pre-notified well in advance of the presence of obliged passengers, in order to take an appropriate decision for the safety and security of the flight, especially during boarding, which is the most critical moment.
• Pilots’ neutrality: pilots must remain neutral and should not be taken to task.
• Need for a clear procedure in order to avoid last-minute surprises.

What are your rights in case of obliged passengers on board your airplane?

• In all circumstances, you remain the only person in charge on board your airplane: nobody can force you to accept any obliged passenger.
• You must carefully assess if transporting obliged passengers might impact the safety and security of the flight.
• You must remain neutral at all times. Your only duty is to safely transport the passengers from point A to point B.
• Should you encounter any issue on the transportation of obliged passengers, please inform BeCA ASAP.
• For more information, please refer to the Ministerial Law of 11 April 2000 which governs the transportation of obliged passengers in NL (https://bit.ly/2FOmSPg) or FR (https://bit.ly/2I4ZPB6).