Law for the Protection of Airspace Sovereignty
Congreso Nacional
- Decree: 347-2013
- Published: March 3, 2014
- Issuing body: Congreso Nacional
- Gazette: 33,369
- Category: Constitutional
Summary
This law authorizes Honduras to intercept and shoot down aircraft flying illegally in its airspace without authorization or carrying illicit cargo. The Defense Ministry decides whether to use progressive force, up to neutralizing the threat, following international civil aviation procedures. It protects national security and combats drug trafficking.
Considerations
Whereas Article 12 of the Constitution of the Republic establishes that "the State exercises sovereignty and jurisdiction in the airspace and in the subsoil of its territory, continental and insular territory, territorial sea, contiguous zone, exclusive economic zone and continental platform".
Whereas Honduras is a party to the Convention on International Civil Aviation which recognizes that every State has full and exclusive sovereignty in the airspace situated above its territory.
Whereas the Convention on International Civil Aviation establishes that for the purposes thereof, the territory of a State shall be deemed to be the airspace, the land areas and the territorial waters adjacent thereto, which are under the sovereignty, dominion, protection or mandate of such State.
Whereas the Convention on International Civil Aviation establishes that each State Party may, for reasons of military necessity or public safety, temporarily restrict the flights of aircraft over certain zones of its territory.
Whereas the Convention on International Civil Aviation, in regulating restrictions on cargo, reserves to the States Parties the right to regulate or prohibit the transport over its territory of articles other than those specified in the Convention.
Whereas the Honduran State has the obligation to exercise its Sovereignty over the territory of the Republic and in its airspace, especially when violations occur that pose serious threats to National Security and to the right to life and health of Hondurans, as has occurred in recent years due to repeated flights engaged in smuggling and transporting illicit cargo that generates high levels of violence from criminal groups.
Whereas it is the attribution of the National Congress to create, repeal, interpret, direct and reform the Laws.
Whereas Article 328 of the Constitution of the Republic establishes that the economic system of Honduras is founded on principles of efficiency in production, of social justice in the distribution of wealth and national income and harmonious coexistence of the factors of production that make possible the dignification of work, as the principal source of wealth and as a means of realization of the human person.
Whereas in accordance with Article 351 of the Constitution of the Republic, the National Tax System is governed by the principles of legality, proportionality, generality and equity, in accordance with the taxpayer's economic capacity.
Whereas it is a national priority to establish anti-evasion measures by making the pertinent reforms in order to apply Tax legislation in a correct and fair manner to the different sectors of society which, protected by current legislation, have enjoyed tax benefits for a long time, thus contributing equally to impunity.
Whereas it is in the interest of this National Congress to support deficit reduction and promote equity in tax contributions. Therefore, it is necessary to give new wording to the articles submitted for reform in this Decree and that these be adapted to the regulations and circulars that are related to the Tax Code.
Whereas it is incumbent upon the National Congress the power established in Article 205, attribution 1) of the Constitution of the Republic to create, decree, reform, interpret and repeal the laws.
Articles
The purpose of this Law is to establish the norms, rules and procedures that must be followed for the investigation, interception, pursuit and definitive neutralization of aircraft that violate the provisions on air navigation established in internal legislation and the Convention on International Civil Aviation and its Annexes.
All aircraft that intend to enter or overfly the national airspace must comply with the provisions of the Air Regulations contained in Annex II of the Convention on International Civil Aviation in force for Honduras and applicable internal legislation.
In the event that an unidentified or unauthorized aircraft is detected, it must be subjected to the progressive use of force, through investigation, interception, persuasion, convincement and, as a maximum measure, the definitive neutralization of the threat, which must be ordered by the Secretary of State in the Ministry of National Defense.
In order to apply the measures established in the preceding Article, the following circumstances, among others, must be taken into account: that the aircraft has entered national territory without an approved flight plan or non-compliance with the flight plan and ATS route, failure to submit position reports; failure to maintain constant air-ground voice communications; failure to identify itself to air traffic control authorities or providing false information or turning off the aircraft identification systems, failure to obtain authorization to fly over the territory or failure to comply with the provisions of these same authorities; ignoring the instructions of the interceptor aircraft, whether transmitted by radio communication or under the signal procedures provided for in the Air Regulations.
All those aircraft that, despite compliance with the entire prior procedure of investigation, interception, convincement and persuasion, persist in acts violating the Convention must be declared in Violation of the Convention on International Civil Aviation and a Threat to National Security and, therefore, subject to the measure of definitive neutralization. The Secretary of State in the Ministry of National Defense, once the progressive measures and convincement procedures established in the Regulations of this Law have been fully complied with, shall authorize the neutralization measure. Prior to proceeding with neutralization, the aircraft must be notified by radio identification and final warning actions must be executed that indicate the imminent action to follow.
The National Council of Defense and Security, for reasons of National Security, may establish air exclusion zones, regulate itineraries, altitude and other aspects related to aircraft operations. For the foregoing, the requirements of uniformity and publicity contemplated in the International Civil Aviation Convention must be complied with.
The National Council of Defense and Security shall issue the Regulations of this Law within thirty (30) days.
This Law shall enter into force as of the day of its publication in the Official Gazette La Gaceta. Done in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the sixteenth day of the month of January of two thousand fourteen.
Related laws
- Law for the Protection of Airspace Sovereignty — This law establishes procedures for the Honduran Air Force to detect, identify, and order suspected drug-trafficking aircraft to land over national territory. It affects pilots and civil aircraft operators, and aims to protect airspace sovereignty while following international civil aviation treaties. (Decree 54-2020, 2020)
- Law on the Protection of Airspace Sovereignty — This law allows Honduras to intercept and signal aircraft suspected of illegal drug trafficking within its airspace. It authorizes the Air Force to follow identification procedures, radio warnings, and as a last resort, warning shots. It protects innocent civilians by prohibiting damage to civil aircraft except in self-defense. (Decree 54-2020, 2020)
- Law on the Protection of Sovereignty of Airspace 2014 — This law establishes procedures for Honduras to protect its airspace against unauthorized aircraft. It authorizes the government to intercept and, as a last resort, shoot down aircraft that violate air navigation rules, especially those used for smuggling. It affects pilots and aircraft operators who fail to comply with legal requirements. (Decree 347-2013, 2014)
- Regulations of the Law for the Protection of Airspace Sovereignty — This regulation establishes how Honduras protects its airspace by intercepting aircraft suspected of illegal drug trafficking. It creates a coordinated program between the Air Force and other security institutions to identify, pursue, and secure illegal aircraft without damaging legitimate civilian flights, respecting international civil aviation treaties. (Decree 54-2020, 2020)
- Decreto Legislativo No. 54-2020 — Ley de Protección de la Soberanía del Espacio Aéreo (Decree 54-2020, 2020)