A prolonged power outage at Banjul International Airport on Saturday evening caused significant disruptions, forcing multiple flights to divert to Dakar, Senegal. Among these flights was a Brussels Airlines service that reportedly treated passengers differently based on their nationality, sparking debate over the application of passenger rights regulations.
The Incident
The Fatu Network spoke with the GCAA Director, as detailed in the Facebook post titled: “What happened at the Banjul International Airport last night?”
The Gambia Civil Aviation Authority (GCAA) provided a detailed account of the events. The power supply from NAWEC, the national electricity provider, was cut off at 8:15 a.m. and remained unstable until 8:48 p.m., during which the airport operated on backup generators.
Efforts by NAWEC to stabilize power through load shedding were unsuccessful, and the power fluctuations affected runway lighting, rendering it unsafe for landings. As a result, Brussels Airlines, along with other airlines such as Asky, Corendon, Air Maroc, and TAP Air Portugal, diverted to Dakar.
By 8:48 p.m., stable power was restored, and operations resumed, allowing diverted flights to land without further issues.
Regulatory Safety Requirements and Diversions
Runway lighting is a critical safety component for airport operations, especially during landings and takeoffs. International regulations emphasize that an airport must ensure fully functional lighting and operational systems to accommodate aircraft safely.
International Standards
• ICAO Standards:
The International Civil Aviation Organization mandates that airports maintain operational runway lighting and navigational aids to ensure aircraft safety. Without these systems, operations are suspended until safety is restored.
FAA Regulations
• 14 CFR Part 121.533 (Responsibility for Operational Control):
Airlines must prioritize passenger safety and operational integrity during disruptions. Diversions to an alternate airport, such as Dakar, are mandated when conditions like unstable power or runway lighting failures compromise safety.
(Read FAA Regulation)
Why Flights Divert to Dakar
When runway lighting is compromised, flights cannot land due to safety risks. Dakar, Senegal, is the nearest international airport equipped to handle such diversions, making it the logical choice until Banjul's power issues were resolved. This decision aligns with international safety protocols, ensuring the protection of passengers, crew, and aircraft.
Differential Treatment of Passengers
Per Sulayman Ben Suwareh’s post, “CUSTOMERS SHOULD MAKE COMPENSATION CLAIM FROM BRUSSELS AIRLINES!!” passengers reported vastly different accommodations depending on their nationality. European citizens were provided hotel accommodations, while passengers with non-European or American passports were reportedly left with fewer or no provisions.
This disparity has led to allegations of discriminatory practices, prompting questions about whether the airline adhered to European Union Regulation (EC) No 261/2004 (EU261), which governs passenger rights, or whether local immigration laws in Senegal influenced the outcome.
Passenger Rights Under EU261
Brussels Airlines, being an EU-based airline, is subject to EU261 for flights departing from the EU. The regulation guarantees the following rights:
• Right to Care (Article 9):
Passengers are entitled to meals, refreshments, hotel accommodations if overnight stays are required, transportation between the airport and accommodation, and two free communications (e.g., phone calls or emails).
• Extraordinary Circumstances (Article 5(3)):
Events such as power outages may be considered extraordinary circumstances, exempting airlines from paying compensation. However, this does not relieve them of their obligation to provide care to all passengers.
The differential treatment may stem from immigration restrictions in Senegal, where non-European passengers may have required visas to leave the airport and access accommodations.
Passenger Actions and Remedies
For Passengers Who Are Not European or American Citizens
1. Request Clarification:
Passengers can contact the airline to request a written explanation for the treatment they received and how EU261 was applied.
2. File Complaints:
o With the airline directly.
o If unresolved, escalate to the Belgian Federal Public Service Mobility and Transport, which oversees EU261 compliance for flights originating in Belgium.
3. Seek Arbitration or Legal Assistance:
Passengers can also consult organizations like the European Consumer Centre (ECC) for guidance on pursuing claims.
4. Review Immigration Regulations:
Passengers who faced limitations due to visa restrictions in Senegal can consult local authorities for future considerations.
Long-Term Solutions
Per the Fatu network , the GCAA has assured the public of ongoing efforts to address the power challenges at Banjul International Airport. Collaborating with NAWEC, they are working on infrastructure upgrades to ensure reliable power supply, with projects expected to conclude soon.
In addition to resolving power issues, GCAA must also ensure timely coordination of routine maintenance schedules with airline operators, allowing them sufficient time to adjust or modify their schedules accordingly. Proactive communication and alignment between airport management and operators can mitigate the impact of unexpected disruptions, ensuring smoother operations and improved passenger experience.
This will enhance operational reliability and reduce the likelihood of similar incidents in the future.
Conclusion
While the power outage at Banjul International Airport disrupted operations and led to flight diversions, the reported differential treatment of passengers has brought passenger rights regulations under scrutiny. Airlines are obligated under EU261 to provide equitable care, regardless of nationality, and any perceived violations should be addressed through the proper channels.
Affected passengers, particularly those who feel they were treated unfairly, are encouraged to assert their rights and seek remedies to ensure compliance with international passenger protection standards.
References
• European Union Regulation (EC) No 261/2004: Read Full Text
• Belgian Federal Public Service Mobility and Transport:Passenger Rights
• European Consumer Centre (ECC): ECC Assistance
• FAA 14 CFR Part 121.533 (Operational Control): Read FAA Regulation
Editor's note: Musa Touray is the Founder of 2Rays Executive Jet Service LLC
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