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Pahayag ng Commission on Human Rights na nagpapahayag ng pagkabahala sa mga karapatan ng mga pasahero sa panahon ng pagkawala ng kuryente sa NAIA Terminal 3

On 1 May 2023, at 1:05 AM, a power outage at Ninoy Aquino International Airport (NAIA) Terminal 3 resulted in the delay, cancellation and rescheduling of several flights, leaving thousands of passengers stranded within the airport’s premises. The Manila International Airport Authority (MIAA) relied on backup generators to power up critical air facilities until electricity was restored around 8:46 AM. A second power outage occurred at 4:00 PM which lasted only a few minutes.

During a press conference on the same day, the Manila Electric Company (MERALCO) attributed the first power failure to a ‘fault current’ and the breakdown of MERALCO’s elbow connector. However, Department of Transport Secretary Jaime Bautista committed to further investigate the cause of the outage in cooperation with the National Intelligence Coordinating Agency as they considered the possibility of sabotage.

As these agencies search for the truth, the Commission on Human Rights (CHR) focuses its concern on the passengers affected in the incident, not only regarding their rights as passengers as asserted in the Air Passenger Bill of Rights (APBR)—or the Joint Department of Transportation and Communication-Department of Trade and Industry Administrative Order No. 1— but also as persons whose access to their economic, social, and cultural rights rely on functional and effective public transportation systems and services, such as air travel through NAIA.

CHR acknowledges that in compliance with this APBR, government agencies provided food, water, and health kits for the stranded, while airline companies offered refunds, travel funds, and free rebooking for their customers. However, the Commission hopes that the capacity to compensate should not shield concerned agencies from accountability, considering that a similar power outage on 01 January should have resulted in redundancy measures for the airport’s critical systems and strategies for providing swift and quality service to stranded passengers.

The Commission noticed this need for improved services upon seeing online posts that some passengers caught in the power outage had no choice but to wait out their new flight schedules on the seats and floors of Terminal 3. By the APBR framework, the cause of delay and cancellation is not attributable to the air carrier, and thus no party was compelled to provide lodging and accommodation for the stranded passengers.

CHR also notes that cancellation seemed to affect mostly domestic flights, putting the bulk of inconvenience on domestic travelers and suggesting bias favoring international flights.

These issue requires closer inspection for the protection of poor and vulnerable groups who often have no choice but to tolerate and forgive problems in public transport systems, given the lack of access to more expensive options. These are the people who cannot afford rooms in nearby lounges and hotels, pay for airport food to rest at restaurant tables, or commute back to their houses to wait for a flight at a later date.

In pursuit of the principles of equal opportunity, social justice, and business and human rights, CHR calls on government agencies and airline companies to expand and develop airport services, facilities and compensation efforts to prevent the widening of social inequalities in times of crisis such as the power outage.

Complementary to crisis preparation, CHR also supports monitoring and preventative measures, including the conduct of a full audit of Terminal 3’s electrical systems.

Addressing NAIA’s reputation as one of the worst airports in the world requires joint efforts from public and private stakeholders to ensure accountability from both sides. CHR calls for the protection of the dignity and rights of all people in all business transactions, which includes the state obligation to raise standards for businesses to keep people safe and comfortable even in times of crisis. In the same vein, CHR reminds state authorities and agencies of their responsibility to the maintain, upgrade and develop business infrastructure and facilities to prevent incidents that may compromise their citizens’ human rights. ###

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