Despite established laws, the experience of many persons with disabilities (PWDs) air travellers within Nigeria have been awful. The violation of their rights ranges from a near inaccessible structure within the airports, lack of proper service protocols for persons with disabilities as well as zero knowledge of disability rights awareness by airline operators’ staff across the divide which by extension reinforces PWDs rights violation in every degree. Many of these PWDs’ human right violations, discriminations are not documented because the majority of victims do not have a voice in the society.
Hon. Olanrewaju Oladosu’s experience
On Wednesday June 26, 2024 I was going to Abuja from Akure on official invitation in company of Ekiti state Special Assistant to the Governor On Disability Matter- Akin Obanise and Ondo State Chair, Agency for the Welfare of Persons with Disability, Mrs Arise Folashade.
Green Africa Airline ticket purchased for Mr Olanrewaju Oladosu
Our air tickets were purchased for us by the organizer of the event after a careful enquiry from Green Africa Airline customer service and a promise that the airline would pick the three of us who are Physically-challenged persons. Though each has different degrees.
Overland ticket used by Mr Olanrewaju
In the ticket, Green Africa Airline promised it would provide necessary items that could aid our boarding and disembarkation.
To my surprise, at Akure Airport, staff of Green Africa informed me they would not board me. I was told the plane has no space for my wheelchair and their policy does not allow wheelchair user boarding. “Immediately I presented myself for boarding, I was told by the ground staff, the plane could not accommodate my wheelchair and I could not proceed to boarding” Olanrewaju said.
My colleagues and I protested and after several entreaties, the station manager told me Green Africa Airline policy does not allow a wheelchair user on-board. We explained the illegality of this as it violates my rights.
I was eventually denied boarding and was forced to buy another airline’s ticket at an exorbitant price so I do not miss my meetings. “The trauma, associated, the mental health issue and abuse of my right by Green Africa Airline is still lingering” Said hon. Olanrewaju.
Other eyewitnesses speak.
To affirm some of the claims by Mr. Olanrewaju, we interviewed Mrs Arise Folashade and Mr. Akin Obanise, the Chair, Ondo State Agency for the Welfare of Persons with disabilities and Ekiti State Special Assistant to the Governor on PWDs Matter who were eyewitnesses at the event.
Princess Folasade Arise (photo credit: Facebook)
Hon. Arise shared with us that while the three of them were at the check-in counter in Akure, they were informed their colleagues could not be boarded because he is a wheelchair user. We protested and showed the staff the tickets purchased with the airline’s promises clearly stated on it. Despite our entreaties, the airline staff refused to listen. “Aside from this, the hostility of the airline staff is disturbing. It is as if it is a crime to be a PWDs” Arise shared with anger.
Another concern raised by Hon Arise was the fact that Green Africa Airline staff seemed to be in the dark with regards to civil aviation regulation as well as DAPDA 2019 priority of boarding for persons with disabilities before, during boarding and disembarkation of airline passengers.
“At both Akure to Abuja and my return journey to Akure, I was made to queue with others. This I protested and it took my resolve not to bow to intimidation before I was given boarding priority as expected” Folashade Arise concluded.
Mr Akin Obanise, Special Assistant to Ekiti State Governor on PWDS Matter (photo credit: Online)
The same story was told by Hon, Akin Obanise, He confirmed the hostility and lack of disability law awareness and PWDs passenger care which to him was nauseating. “How can an airline staff in this age present a situation which betrays their ignorance when it comes to PWDs air passenger’s care””. Akin Obanise said
Green Africa airline’s staff excuses and position
On Sunday June 30, 2024 at 13hr25 minutes, we placed a call to the Green Africa Airline’s station manager in Akure presenting as a potential physically-challenged air passenger travelling to Abuja from Akure. The receiver identified himself as Tola and claimed the State Manager was not around.
We asked if as a physically-challenged we could buy Green Africa’s ticket from Akure to Abuja? Mr. Tola replied affirmative but with a clause. That such individual must not be a zero mobility person. He stated that their particular aircraft flying Akure to Abuja route is a small plane with narrow door which may not allow others to help a zero mobility in the boarding process.
On whether there is an established policy by the airline not to board physically-challenged persons? Mr Tola replied “Green Africa Airline has no such policy but a mandatory requirement of the airline is that every passenger must be able to walk into the plane as well as find their ways to the door in case of emergence”. Implication of this statement by Mr Tola is that zero mobility passengers are already discriminated against.
Meanwhile in the case of Mr. Olanrewaju, he is only a person with reduced mobility. He can stand up from his wheelchair. In actual fact, he was able to use the stairs by himself while boarding and disembarking from Overland Airway he boarded eventually.
In a conversation with another top management of Green Africa Airline with Mr. Olanrewaju communicated to this reporter, the staff stated that they could not board him because the specific aircraft is small with a narrow door.
When confronted about airline promises and responsibilities as contained in the ticket issued, the staff maintained the promise of wheelchair and ramps were limited to ‘within the airport’ and not while boarding or disembarking. Hon. Olanrewaju then asked while was that transparency not maintained before ticket purchased. A clear case of disinformation or lack of corporate transparency?
What the law says
Part 4, Section 14 of Discrimination Against Persons with Disabilities (DAPDA 2019) on accessibility and other necessary provisions is very clear about this. Among others, it states “Public transportation facilities and service providers, airplane operators, railway, seaports amongst others are to make provisions for the all the needs of every cluster within the Persons with disabilities communities without any exclusion” it further says Discrimination against persons with disabilities across every area is prohibited and if found guilty is a criminal offence.
DAPDA 2019 on accessibility within the airport mandates airlines to ensure boarding and disembarkation from an aircraft by PWDs passenger should be smooth and with ease. Airlines should make available a presentable and functional wheelchair for the conveyance of PWDs who need it to and fro the aircraft. This must be done with safety consciousness and reasonable comfort.
Further noted infraction
On priority and attention in boarding process, DAAPDA 2019 (Part V section 26), Nigeria Civil Aviation Regulations Part 19, (12) as well as IATA charter on Rights of person with disabilities also state:
Airlines should provide clear guidance to passengers with disabilities on their requirements for the carriage of mobility devices and medical equipment.
On staff behaviour and knowledge of care of PWDs passengers care, the above laws and protocols also state “An Airline and aviation service staff should be supported by their employers in acquiring and maintaining the proper knowledge, skills and abilities to provide passengers with disabilities a seamless and dignified travel experience”.
Part 19 of Nigeria Civil Aviation regulation is also clear about passengers’ rights (boarding and disembarkation priority) and responsibility of Airlines operators. While the goal of this investigation is not adversarial, we just believe this form of infraction demands Nigeria civil Aviation Authority to quickly do Air transport accessibility audit to forestall future occurrence.
Expert’s opinion on PWDs rights’ violation, regulatory infractions and possible Nigeria Aviation Authority’s complicity
We spoke to Barrister Salami Abolarinwa, a PWDs advocate and attorney with Lagos state Ministry of Justice who is also the national executive member of National Association for the Blind. Barr, Salami is a visually impaired person.
Barr, Salami Abolarinwa
To Barr. Salami, the laws are explicit about any form of discrimination and denials of rights of persons with disabilities to fly, He cited from DAPDA 2019, Nigeria Civil Aviation regulation, international Aviation Travels Associations laws quoted above. So to him, Green Africa Airline has no excuse especially when the ticket issued had a responsibility attached without a liability clause.
Barr Salami also picked a hole in the ignorance of law with regards to priority boarding for PWDs. He said this is a criminal offence if found guilty.
On the excuse that the particular aircraft is small with a narrow entrance door, Barr, Salami is of the opinion that international aviation law does not allow the use of aircraft that will discriminate against any person based on body status so he wonders why Nigeria Civil Aviation actually permits the use of Aircraft in Nigeria’s air space.
Conclusion
Like already maintained, the purpose of this investigation is not adversarial against any airline but to call the attention of relevant authority to possible discrimination that may arise especially for persons with disabilities, already marginalised group.
The Nigerian Civil Aviation Regulations and the Discrimination Against Persons with Disabilities (Prohibition) Act 2019 clearly have strict punishment for airline operators which refuse to meet these basic needs of PWDs passengers and thereby violate their rights.
