Law on the Protection of Airspace Sovereignty
Congreso Nacional
- Decree: 54-2020
- Published: May 25, 2020
- Issuing body: Congreso Nacional
- Gazette: 35,263
- Category: Criminal
Summary
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.
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 continental and insular territory, territorial sea, contiguous zone, exclusive economic zone and continental shelf".
Whereas Honduras is a party to various conventions on international civil aviation, such as the Convention on International Civil Aviation of 1944 (Chicago Convention) and the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation of 1971 (Montreal Convention). These conventions and applicable international law recognize that every State has full and exclusive sovereignty in the airspace situated above its territory and that every State must refrain from resorting to the use of weapons against civil aircraft in flight and that, in the case of interception, must not endanger the lives of the occupants of the aircraft nor their safety.
Whereas the Chicago Convention establishes that, for the purposes of the Convention, the territory of a State shall be deemed to include the land areas and the territorial waters adjacent to them that are under the sovereignty, dominion, protection or mandate of that State.
Whereas under the Chicago Convention, Honduras reserves the right to regulate or prohibit the carriage in or over its territory of certain articles, provided that it makes no distinction in this respect between its national aircraft engaged in international navigation and aircraft of other States engaged for the same purposes and provided that, furthermore, it does not impose any restriction that may hinder the transport and use in aircraft of the apparatus necessary for the operation or navigation thereof or for the safety of personnel or passengers.
Whereas the State of Honduras reaffirms its commitment to the Chicago and Montreal Conventions that have been subscribed to and ratified for the benefit of humanity, as well as its internal legislation that implements said conventions.
Whereas the current Law on Protection of Airspace Sovereignty was approved by Decree No. 347-2013 of January 17, 2014, published in the Official Journal "La Gaceta" dated March 3, 2014, Edition No. 33,369.
Whereas in accordance with Article 205 Attribution 1) of the Constitution of the Republic, it is the power of the National Congress to: Create, decree, interpret, reform and repeal laws.
Whereas the Constitution of the Republic of Honduras establishes in its declarations the preservation and stimulation of National identity, as well as makes its own the principles and practices of International Law that tend toward human solidarity, respect for the self-determination of peoples, non-intervention and the strengthening of universal peace and democracy, as well as proclaims as unavoidable the validity and mandatory enforcement of arbitral and judicial sentences of an international character and respect for international treaties and agreements.
Whereas the Government of the Republic of Honduras, in its effort to improve the quality of life and improvement of the Honduran People, has made available the IV ACTION PLAN FOR OPEN GOVERNMENT HONDURAS 2018-2020, in which broad participation and the effort of the sectors stand out: Civil Society, Business.
Articles
The purpose of this Law is to establish the norms, rules, and procedures to be followed for the location, identification, tracking, interception, and signaling through warning shots using ammunition containing tracer cartridges of aircraft that are reasonably suspected of being primarily engaged in the illicit trafficking of drugs or any other type of illicit trafficking.
DEFINITIONS. For the purposes of this Law:
- a)
An aircraft shall be considered to be "in flight" from the moment all external doors are closed after boarding until the moment any of said doors are opened for disembarkation; in case of forced landing, the flight shall be considered to continue until the competent authorities take charge of the aircraft and the persons and goods on board.
- b)
An aircraft shall be considered to be "in service" from the moment ground personnel or the crew begins pre-flight operations until twenty-four hours after any landing; the in-service period shall be prolonged in any case for the entire time the aircraft is in flight in accordance with subsection a) of this Article.
- c)
The term "interception" means the act by an aircraft of the State of Honduras of approaching an aircraft and remaining near it in order to identify it and, if necessary, direct it back to its planned route; direct it outside the limits of Honduran airspace, escort it out of restricted, prohibited, or dangerous airspace; or give it instructions to land.
- d)
The term "civil aircraft" refers to any aircraft that is not operated by or under the direction of the military, governmental, or any other public authority, even if such aircraft has been determined to be primarily engaged in the illicit trafficking of drugs or any other type of illicit trafficking.
- e)
The term "Honduran Air Sovereignty Program (PSAH)" refers to the program of the State of Honduras for the implementation of this Law, as well as the implementation of procedures and regulations related to the location, identification, tracking, interception, and signaling through warning shots of aircraft that are reasonably suspected of being primarily engaged in the illicit trafficking of drugs or any other type of illicit trafficking.
- f)
The term "trace" refers to the visual indication, in the form of a symbol, on a situational presentation, of the position of an aircraft.
- g)
The term "trace of interest" refers to an aircraft that is a candidate for the application of measures in accordance with the PSAH.
- h)
The term "legitimate self-defense" refers to the proportional use of force against a civil aircraft by an official of the State or a competent authority of Honduras who reasonably believes that the aircraft or its crew represents an imminent threat of serious physical harm to himself or to others and that no reasonably safe alternative dispels that threat.
- i)
The term "Phase I" refers to the interception of an aircraft and the establishment of communications with it through the use of radio communication or visual signals, and ordering the intercepted aircraft to land on the appropriate closest runway.
- j)
The term "Phase II" refers to the use of warning shots as a signaling measure, using ammunition containing tracer cartridges, to ensure that the pilot is aware that he has been intercepted.
All aircraft that intend to enter or overfly the national airspace shall comply with the provisions of the Rules of the Air contained in Annex 2 of the Chicago Convention in force for Honduras and applicable internal legislation.
In the application of the PSAH, public servants, government employees, or any other person acting on behalf of the State of Honduras shall comply in a consistent and strict manner with the safety procedures established in Annex 2 of the Chicago Convention, and with any pertinent provisions on the interception of the International Civil Aviation Organization (ICAO), as well as the Manual on the Interception of Civil Aircraft.
When the Honduran Air Force detects or is informed of a trace of interest, said Force shall proceed to classify the aircraft in accordance with the information obtained about it from all reasonably available sources. The Commander of the Honduran Air Force, in order to determine whether the aircraft is reasonably suspected of being primarily engaged in the illicit trafficking of drugs or any other type of illicit trafficking and before authorizing Phase I, shall consider the following classification criteria:
- a)
If the aircraft did not present the required flight plan.
- b)
If the aircraft is flying inexplicably outside the route designated in its approved flight plan.
- c)
If the aircraft is not using the assigned transponder code.
- d)
If the aircraft is flying at an inexplicably low altitude.
- e)
If the aircraft is flying at night without lights.
- f)
If the aircraft has a false registration number on its tail or does not have a registration number.
- g)
If the windows of the aircraft are darkened.
- h)
If the physical description of the aircraft matches the description of an aircraft previously used in the illicit trafficking of drugs or any other type of illicit trafficking.
- i)
If there is intelligence data indicating that the aircraft is primarily engaged in the illicit trafficking of drugs or any other type of illicit trafficking.
- j)
If the aircraft is flying without authorization in an air exclusion zone, if any.
- k)
If the aircraft is parked at night without authorization on an unsupervised landing strip.
- l)
If all attempts to identify the aircraft have failed.
- m)
If the aircraft has inexplicably failed to respond to all attempts at communication.
- n)
If the aircraft has disregarded the orders of the Honduran Air Force. o) If objects have been thrown from the aircraft. p) If there is information indicating reasonable suspicion that the aircraft is primarily engaged in the illicit trafficking of drugs or any other type of illicit trafficking. q) If there is information indicating that there are no reasonable suspicions that the aircraft is primarily engaged in the illicit trafficking of drugs or any other type of illicit trafficking.
The Honduran Air Force shall not enter into Phase I or Phase II in the following cases:
- a)
If there is evidence that persons on board the aircraft who are not intentionally participating in the illicit trafficking of drugs or any other type of illicit trafficking are traveling;
- b)
The aircraft can be reasonably identified as an aircraft in commercial operations or as a non-civil aircraft;
- c)
When the aircraft is operating according to a flight plan authorized by the Honduran air traffic authorities, or from the country where the flight originated, provided that the plan does not contain false information and the aircraft has not deviated, without justification, significantly from the flight plan;
- d)
It is reasonably believed that the pilot of an aircraft is incapacitated. This provision shall not apply if there are sufficient grounds to conclude that the alleged incapacity is being used to deceive and thus evade the application of the PSAH; or,
- e)
It is reasonably believed that the aircraft has been the subject of an act of unlawful interference or its pilot appears to be coerced, except when the aircraft represents an imminent threat to persons outside of it. The provision in this paragraph shall not apply if there are sufficient reasons to conclude that the alleged act of unlawful interference or coercion is being used to deceive and thus evade the application of the PSAH. If any public servant or government employee of the State of Honduras has reason to believe that one or more of those conditions are met, the interception shall be immediately suspended. However, these procedures shall not prevent the Honduran Air Force from attempting to identify and track those categories of aircraft through radio contact, visual identification, or other means.
If the Commander of the Honduran Air Force determines, in accordance with Article 5 of this Law, that the aircraft is reasonably suspected of being primarily engaged in the illicit trafficking of drugs or any other type of illicit trafficking, and if the aircraft is within the airspace over the continental territory of Honduras or within twenty-two point two (22.2) kilometers of the Honduran coast, he may authorize Phase I.
In the event that the pilot in command of the interceptor aircraft reports that an aircraft reasonably suspected of being engaged in the illicit trafficking of drugs or any other type of illicit trafficking does not comply with the order to land issued by the interceptor aircraft, said pilot shall request authorization to initiate Phase II.
Once the procedures and progressive measures stipulated in this Law and its implementing regulations have been exhausted, and if it is reasonably suspected that the aircraft is primarily engaged in the illicit trafficking of drugs or any other type of illicit trafficking and does not comply with the order to land issued by the interceptor aircraft, the Chief of the Joint Chiefs of Staff of the Armed Forces may approve or reject the request to initiate Phase II after evaluating it and verifying that all required procedures have been followed.
During the execution of Phase II, the pilot in command of the interceptor aircraft shall observe the following:
- a)
He shall not make warning shots without first having requested and received authorization to do so from the Chief of the Joint Chiefs of Staff of the Armed Forces.
- b)
Prior to proceeding with warning shots, he shall warn the intercepted aircraft, using the ICAO radio communications procedures and appropriate frequencies, that warning shots will be used if the intercepted aircraft refuses to obey the instructions.
- c)
He shall make all reasonable efforts not to impact the intercepted aircraft, any other aircraft in the vicinity, persons, or property on the ground.
Phase I and Phase II shall be executed only in the airspace over the continental territory of Honduras or within twenty-two point two (22.2) kilometers of the Honduran coast.
Except in cases of legitimate self-defense, public servants, government employees, or any other person acting on behalf of the State of Honduras shall not damage, destroy, or disable any civil aircraft that is in service and shall not threaten to damage, destroy, or disable any civil aircraft that is in service.
The prohibition of the use of force or threat of use of force against civil aircraft in service except in cases of legitimate self-defense does not exclude the exercise of the function of law enforcement in operations conducted on the ground directed at the crew of the aircraft or its cargo during the periods of "in flight" or "in service". No provision of this Law shall limit or prohibit law enforcement from requiring that the crew surrender after the landing of an aircraft reasonably suspected of being engaged in the illicit trafficking of drugs or any other type of illicit trafficking. No provision of this Law shall limit law enforcement in the search or seizure of said aircraft and/or its cargo. This Law also does not prohibit them from the use of lethal force against an aircraft if they are in danger from armed resistance by the crew.
The National Defense and Security Council, for reasons of national security, may establish air exclusion zones and regulate the schedule, altitude, and other aspects related to the flight of aircraft in said zones. The regulations and prohibitions described in the preceding articles in this Law, including the prohibition of damaging, destroying, disabling, or threatening a civil aircraft, except in cases of legitimate self-defense, shall apply equally to air exclusion zones. The requirements of uniformity and publicity contemplated in Article 9 of the Chicago Convention shall be applied to any air exclusion zone that is established.
The Secretariat of State in the Office of National Defense shall issue the implementing regulation of this Law within thirty (30) days after this Law enters into force.
This Law repeals Decree No. 347-2013 of January 17, 2014, published in the Official Gazette "La Gaceta" dated March 3, 2014, Edition No. 33,369, containing the Law for the Protection of the Sovereignty of Airspace.
This Decree shall enter into force as of the day of its publication in the Official Gazette "La Gaceta".
Given in the city of Tegucigalpa, municipality of the Central District, held in a Virtual manner, on the fourteenth day of the month of May of two thousand twenty. MAURICIO OLIVA HERRERA PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY ROSSEL RENÁN INESTROZA MARTÍNEZ SECRETARY To the Executive Branch Therefore: Execute. TEGUCIGALPA, M.D.C., May 25, 2020. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF NATIONAL DEFENSE FREDY SANTIAGO DÍAZ ZELAYA Secretariat of Education AGREEMENT No. 0049-SE-2020 Comayagüela, M.D.C., January 30, 2020 FOR THE LEGALIZATION OF APPOINTMENT AS AMBASSADOR FOR TRANSPARENCY AND PART OF THE STUDENT GOVERNMENT IN EDUCATIONAL CENTERS AT THE LEVEL OF SECONDARY EDUCATION AT THE NATIONAL LEVEL THE SECRETARY OF STATE IN THE OFFICE OF EDUCATION WHEREAS: The Constitution of the Republic of Honduras establishes in its declarations the preservation and stimulation of National identity, as well as adopts the principles and practices of International Law that promote human solidarity, respect for the self-determination of peoples, non-intervention and the strengthening of universal peace and democracy, as well as proclaims as unavoidable the validity and mandatory enforcement of international arbitral and judicial sentences and respect for international treaties and agreements. WHEREAS: The Government of the Republic of Honduras, in its effort to improve quality and the betterment of the Honduran People, has made available the IV OPEN GOVERNMENT ACTION PLAN HONDURAS 2018-2020, in which a broad participation and the effort of the sectors: Civil Society, Business
Related laws
- Law for the Protection of Airspace Sovereignty — 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. (Decree 347-2013, 2014)
- 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 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)