Carriers’ liability laws unfair to airline staff

Civil aviation workers find themselves caught in the front line of government policies on immigration and asylum as a result of carriers’ liability laws. These laws fine airlines for every passenger who arrives at an immigration desk without a clear right of entry. An airline may be fined even if subsequently the passenger is granted the right to enter.

Amnesty International strongly opposes such laws since it is almost impossible for a refugee fleeing persecution, not to be travelling on false documents. Carriers’ liability laws pressure airlines to ensure that no passenger without proper documentation will get the chance to reach an immigration desk where they may apply for political asylum. Amnesty points out that this is a violation of the UN Convention on Refugees.

Carriers’ liability laws were introduced in 1987 by Germany, Belgium and the United Kingdom. In 1989 Denmark followed suit. By 1995 all EU member countries with the exception of Spain, Ireland and Luxembourg had passed a similar law.

In the United States, a provision on fining carriers has been part of US immigration law for more than 40 years.