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President Yoweri Museveni has signed the Civil Aviation Authority (Amendment) Bill 2024 into law, Deputy Speaker Thomas Tayebwa informed Parliament on Tuesday, February 6, 2024.

Parliament passed the Bill on Thursday last week.

Tayebwa on Tuesday, January 30, 2024, directed the Committee on Physical Infrastructure to expeditiously scrutinize the Bill and report to Parliament by Thursday, February 1, 2024.

The Minister of Works and Transport, Gen. Edward Katumba Wamala, tabled the Bill which seeks to safeguard and enhance aviation security against acts of violence or unlawful interference by providing for the protection of aircraft used for civil aviation and the protection of persons and property on board such as aircraft.

The objectives of the new law are to ensure the safety of passengers, crew, ground personnel, and the general public in all matters related to safeguarding against acts of unlawful interference with civil aviation.

"This is an urgent matter to do with the certification of our airport to continue receiving traffic. It is an issue that came out of an audit saying it must be done within a certain period or else they withdraw our certificate," Tayebwa said during the plenary sitting on Tuesday, January 30, 2024.

Gen. Katumba Wamala noted that Uganda is a signatory to the International Convention on Civil Aviation, and as such, is obliged to comply with its international standards and recommended practices.

"The International Civil Aviation Organisation (ICAO) oversight audit programme conducted an audit here from September 6 to September 18, 2023. In addition, Uganda is scheduled for a universal security audit programme from January 30, to February 8, 2024," Katumba Wamala said.

He added that the audit is intended to monitor Uganda's compliance with ICAO safety and security-related standards of safety and oversight obligations under the Convention.

The September audit, the minister revealed, identified gaps in the primary legislation of the Civil Aviation Act, which if not addressed, would expose Uganda to adverse audit findings with far-reaching implications for the country.

"A finding of a significant safety concern is in effect, a notice to the world that it is not safe to travel by air to Uganda or on any registered Ugandan aircraft," Katumba Wamala said.

There are over 13 international airline companies that operate in Uganda’s aviation industry.

The new law repeals the Civil Aviation Authority Act, Cap. 354 that was enacted in 1991.

The rationale for a new law

It brings Uganda’s aviation authority in conformity with the Convention on International Civil Aviation, also known as the Chicago Convention, which created a specialised agency of the United Nations charged with coordinating international air travel in 1947.

The new law delegates powers to inspectors to have unrestricted access to aircraft, aerodromes, and aviation facilities including cargo and records of aviation organisations under the Uganda Civil Aviation Authority (UCAA).

The law enables UCAA to recognise agreements of third-party States who are signatories to Article 83 bis of the Chicago Convention, in relation to the transfer of functions and duties as well as prescribing additional offences.

It will regulate the conduct of persons at airports and persons on board aircraft for the purposes of aviation security and provide protection for airports, persons, and property at airports, air navigation installations, and facilities located at the airport and off airports.

Uganda shall establish an administrative framework for the collection, use, processing, and protection of Passenger Name Record (PNR) data for flights to and from Uganda.

The National Information and Technology Authority (NITA) shall be responsible for the independent oversight of PNR data protection.

The authority shall have enforcement powers to ensure compliance with national aviation security policies and requirements including having free and unobstructed access at all times to an airport, an aircraft operating from or within Uganda, aircraft registered in Uganda while operating in other States, wherever they may be, and the premises of an operator or service provider within Uganda, for the purpose of inspecting the security operations or to carry out security inspections, vulnerability assessments, security audits, testing functions and investigation of incidents and non-conformances by the operator or service provider.

The authority shall issue official credentials to the inspectors and other qualified personnel, to facilitate their access to facilities, aircraft, and documentation during, audits, inspections, tests, vulnerability assessments, security investigations, or enforcement activities.

The authority shall ensure compliance with any orders, circulars, directives, rules instructions, or other specific operating requirements.

Where these Regulations have not adequately addressed specific requirements, the authority may issue relevant orders, circulars, directives, rules, and instructions or any other specific operating requirements that are signed by the Director General will have the same effect as these regulations.

According to clause (3), a person shall not misuse or have unauthorised access or make unauthorised disclosure of PNR data or any part of it.

A person who contravenes clause 3 commits an offence and is liable, on conviction, to a fine not exceeding four hundred currency points (sh8m) or to a term of imprisonment not exceeding four years or both.