Africa-Press – Cape verde. The Board of Directors of the National Union of Civil Aviation Pilots (SNPAC) clarified today, 02, in a statement, the position of TACV pilots regarding the civil requisition decreed by the Government, in the context of the strike, which took place from 22 to 26 May.
The union argues that the government measure should be analysed in light of national and international legal and technical standards, especially with regard to operational safety and the health of professionals. “According to the Cape Verdean Labour Code, civil requisition can be decreed in sectors considered essential, such as aviation”.
However, the union stresses that such a measure must respect the principles of legality, necessity and proportionality, and does not suspend the right to strike. “The workers called upon must comply with the requisition, except in duly justified cases, such as health problems certified by accredited professionals”.
SNPAC stresses that pilots are subject to strict international regulations, such as those of the International Civil Aviation Organization (ICAO) and the European Aviation Safety Agency (EASA), which expressly prohibit the operation of aircraft by physically or mentally unfit professionals. “A clinically affected pilot not only has the right, but also the ethical and legal duty to refrain from flying,” the union stresses.
“The TACV Code of Ethics and its internal manuals also reinforce the need for full physical and psychological fitness to perform the role of pilot, with stress and fatigue being recognised as critical risk factors in aviation,” it points out.
Therefore, the union considers that the presentation of valid medical certificates is a legal and legitimate justification for absence from work, including during the period of a civil requisition.
The case of the two pilots recently called up gained prominence after the Government stated that both had refused to perform the service, citing health reasons. However, SNPAC admits that a medical assessment carried out on 27 May at the “Euroclínica” clinic, by a doctor appointed by the authorities themselves, confirmed the clinical condition of the professionals and validated the certificates presented.
The union considers that this medical confirmation refutes the accusations of disobedience made by the Government.
In view of this scenario, the pilots argue that: operational safety cannot be compromised by civil requisition; valid medical certificates must be respected; forcing pilots to fly in adverse health conditions may constitute a violation of national and international standards.
SNPAC also recommends that the Government promote social dialogue and use mediation as a means of resolving the conflict, avoiding instability in air operations. It also requests that the Civil Aviation Agency (AAC) issue formal guidelines reinforcing the primacy of safety over administrative requirements.
“Our common objective must be to ensure that all air operations are carried out in strict compliance with current regulations, ensuring safe and reliable air transport for all Cape Verdeans,” the union concludes.
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