20 years later, Fiji is preparing to sign up to the Montreal Convention
August 8, 2025
Fiji is moving to ratify the Montreal Convention of 1999, closing a regulatory gap as it seeks to align with global aviation norms.
The Pacific island nation’s Civil Aviation Minister and Deputy Prime Minister, Viliame Gavoka, confirmed that work is now underway to bring Fiji into full compliance with the international aviation treaty.
What is the Montreal Convention?
The Montreal Convention – formally the Convention for the Unification of Certain Rules for International Carriage by Air – establishes international rules regarding the liability of airlines for passenger injury or death, baggage loss or delay, and cargo damage. The Convention came into force in November 2003.
Also known as MC99, it sets liability limits for airlines, ensuring fair compensation for consumers in cases of injury, death or delay, as well as baggage and cargo issues.
Additionally, it allows for the use of electronic tickets and air waybills, reducing paperwork and operational costs for airlines.
The convention currently has 143 parties, leaving around 50 ICAO members yet to join.
Fiji makes progress on the Montreal Convention
Speaking to FBC News, Fiji’s Gavoka said the government and the Civil Aviation Authority of Fiji were working to ratify two international air agreements in addition to MC99 – the Beijing Convention and the Beijing Protocol.
These relate to preventing the use of civil aviation to carry out unlawful acts such as using an aircraft as a weapon or using an aircraft to release chemical or nuclear weapons.
Gavoka said the country had been late to ratify the documents after they entered into force in Fiji in January 2016.
According to the Fiji Times, a cabinet paper was drafted in April, and momentum is now being built for the Fijian authorities to finalise the ratification.
“These are instruments that should have been ratified within two to five years of their adoption,” he said.
“Unfortunately, no substantive progress was made until now. As a result, Fiji has fallen out of step with global aviation norms, particularly in addressing emerging threats and modernising our legal framework.”
The case of Ryanair’s diversion to Belarus
Gavoka also cited the case of the Ryanair 737 that diverted to Belarus as an example of the need for countries to adopt international aviation safety norms.
In May 2021, Belarus sparked global outrage after forcing a Ryanair flight travelling from Athens to Vilnius to land in Minsk under the pretext of a bomb threat.
The aircraft, carrying more than 120 passengers, was intercepted by a Belarusian fighter jet and diverted to the Belarusian capital, where authorities arrested opposition journalist Raman Pratasevich and his companion Sofia Sapega.
Both were accused of involvement in anti-government activities following the 2020 presidential election, which had triggered mass protests against President Alexander Lukashenko.
The incident was widely condemned as an act of “state hijacking” by the European Union, the United States, and other governments, leading to sweeping sanctions against Belarus.
The International Civil Aviation Organisation (ICAO) launched an investigation, later concluding that the bomb threat was deliberately false and that the forced diversion violated multiple provisions of the Chicago Convention on international civil aviation, which established rules of airspace, aircraft registration and safety
The episode remains one of the most high-profile breaches of global aviation norms in recent years.
Which countries have not signed up to or ratified the Montreal Convention?
Dozens of countries are yet to sign up to the Montreal Convention, or have signed up to the protocol but have not yet ratified it.
They include Afghanistan, Algeria, Belarus, Iran, Iraq, North Korea, South Korea, Uzbekistan, Venezuela and Yemen.
Industry groups such as the International Air Transport Association (IATA) and ICAO continue to champion universal adoption.
They emphasise that the convention simplifies claims processes, allows the use of electronic documentation, and offers fairer, clearer liability standards for passengers and airlines.
Without it, a patchwork of older liability regimes continues to create uncertainty and inefficiencies in international air travel.
“ICAO continues to advocate for the universal ratification of MC99,” said Juan Carlos Salazar, ICAO Secretary General. “This Convention is fundamental in ensuring the protection of consumer interests in international air travel.
“By promoting harmonisation and codification of rules governing international carriage by air, MC99 benefits passengers and the shippers of cargo while enabling the unified and equitable development of air services.”
At the end of last year, ICAO brought in increased compensation limits which apply to claims related to death, injury, flight delays, and problems with baggage or cargo, in line with the convention’s built-in review mechanism, to adjust for inflation every five years.
It was the fourth review since the treaty came into force in 2003.
