Is the act of forcing wheelchair users sign indemnity forms before allowing them to board commercial flights a form of discrimination? That depends on who is answering the question. Some may ask why I am harping on this issue again. I am still annoyed, that is why. This entry is also inspired by a news article titled Airlines warned not to bar disabled in The Australian today. The Human Rights and Equal Opportunity Commission, Public Interest Advocacy Centre and disability groups in Australia are pursuing cases against airlines that imposes discriminatory policies against disabled air travellers.

I have flown with Japan Airlines, Malaysia Airlines and AirAsia. AirAsia is the only airlines that compels wheelchair users to sign an indemnity form before allowing them to board the aircraft. I have no complaints whatsoever against Japan Airlines. Their in-flight service was impeccable. I told them that I needed to go to the toilet at a certain time. The cabin crew came with an aisle chair right on the dot and assisted me to the toilet and back. I had several issues with Malaysia Airlines but they responded to my complaints politely when I wrote to them regarding the non-availability of an on-board aisle chair on my flight from Kuala Lumpur to Incheon and back. They even offered me one complimentary return ticket to any destination in Asia to make up for the shortfall in service which I declined.

AirAsia? The reply to the entry that I forwarded to them was disappointing. According to them the indemnity form is a requirement by their insurers and they are working to remove that condition imposed on wheelchair users. It was a premature move on my part to kick up a fuss when the process was still on-going. Nevertheless, I would like to reveal the double-standard that is being practiced. Members of BEAT who fly with AirAsia are encouraged to call up the management to make prior flight arrangements where they may not even be compelled to sign the indemnity form. Wheelchair users who are not part of BEAT and do not have access to AirAsia management do not have that privilege as evident by the other two wheelchair users whom I witnessed signing the forms at Kota Kinabalu. What kind of advocacy is that?

Although I was advised beforehand to make prior arrangements I did not because I wanted to experience for myself the kind of procedures that wheelchair users have to go through. Only then could I discover the kinks in the system. Having experienced it and revealed the bad experience to members of BEAT, I was blamed for causing irreparable damage to the group. I was expected to channel my grievances through selected people who would then create avenues for me to voice out my dissatisfaction. Apparently, the truth had to be filtered to make certain parties look good. See the difference in the RapidKL advocacy where nobody in BEAT reacted to the entries that were critical of the bus operator. That tells a lot, does it not? Harapkan pagar, pagar makan padi. That was why I left.

I shall not say more but allow my blogger friends cum disability advocates from around the world share with you their viewpoints on this issue of wheelchair users being compelled to sign indemnity forms.

My story - AirAsia Still Practices Discrimination Against Disabled People
Dr. Scott Rains - Picking on the Wrong Passenger: AirAsia Gambles on Discrimination
Eleanor Lisney - Air Asia Discrimination against disabled passsengers
Ivan Chew - Case of AirAsia and its provisions for People With Disabilities

Airlines warned not to bar disabled

Steve Creedy, Aviation writer | December 11, 2007

LOW-COST carriers have been warned not to attempt to cut costs by discriminating against the disabled after two airlines recently sought exemptions from laws designed to grant handicapped travellers equal access to transport.

Singapore-backed Tiger Airways has applied to the Human Rights and Equal Opportunity Commission for an exemption to the Disability Act so it cantemporarily refuse to carry some passengers with limited mobility.

It says it needs to do this because it does not have the equipment to get wheelchair-bound people safely on to its Airbus A320 jets.

Disability groups are also fighting a move by Australia’s biggest independent regional carrier, Regional Express (Rex), to introduce restrictions they say will make flying harder for disabled people in the bush.

The Public Interest Advocacy Centre is pursuing court action against Virgin Blue to head off moves to require some people with disabilities to buy a second ticket for a carer if they want to travel.

“It’s fine for low-cost or budget airlines to reduce services,” human rights commissioner Graeme Innes said yesterday. “But not carrying passengers with disabilities can’t be part of those reductions and to do so is against the law.

“As commissioner, I intend to ensure wherever I can that airlines meet their obligations to all passengers, not just passengers without disabilities.”

Tiger is offering affected passengers a full refund and says the problem stems from the inability of its third-party ground handler to obtain special hydraulic devices capable of lifting wheelchairs on to planes. It did not expect the lifters to be available at all destinations until the end of February.

Tiger’s application comes as a report, due to be released this week by the PIAC, says an analysis of the experiences of 110 airline passengers demonstrates a systemic failure of legislation introduced in 2002 to set standards for disabled access to public transport.

The report finds recent development and application of airline policy, and changes to baggage handling, have made disabled access more difficult, particularly for people with motorised or bigger wheelchairs.

“Some passengers who travelled independently for many years now find themselves barred from travel or facing the imposition of unreasonable conditions,” it says.

Can an advocate maintain his objectivity after receiving recompense from the party that he is advocating to? Can the advocate be true to his cause after that? Will the advocate be beholden to the benefactor? How much is dignity and integrity worth? Not much apparently. Some advocates can be bought over for a pittance. The colour of money can enslave effortlessly and blind these advocates to acts of discrimination. It has. I weep for the disabled people who gave the mandate to these advocates to fight for their rights. They have been shortchanged without even realising it. We should not be blaming society for perpetrating acts of discrimination against disabled people. Disabled people are doing this to their own.

No one can be the slave of two masters; he will either hate the first and love the second, or be attached to the first and despise the second. You cannot be the slave both of God and of money.

(Matthew 6:24, New Jerusalem Bible)

Once seated inside the aircraft, the movement of passengers with mobility impairments are extremely restricted. The few times that such passengers need to move around is to go to the toilet. An on-board aisle chair is used for this purpose. The on-board aisle chair is a narrow high-backed chair with small wheels. It is lightweight and foldable. When folded, it is very compact and fits into the overhead compartment of the aircraft. The aisle chair has straps for securing the chest, hip and ankles. This is to ensure that users with poor postural balance do not fall off the chair or get their limbs entangled in the chair or other things along the aisle. Cabin crews will usually assist to push the aisle chair to the toilet and back. Disabled persons who require the use of an on-board aisle chair should inform the airlines in advance as not all aircrafts are equipped with one.

Aisle chair that AirAsia displayed during a press conference on August 4, 2007.
The budget airlines announced that all its aircrafts will have aisle chairs.
Photo by Wuan.

Related entry:
Aircraft Boarding Chair
AirAsia - Aisle Chair In Every Aircraft

Universal Declaration of Human Rights

Preamble

Whereas recognition of the inherent dignity and of the equal and inalienable rights of
all members of the human family is the foundation of freedom, justice and peace in the
world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which
have outraged the conscience of mankind, and the advent of a world in which human beings
shall enjoy freedom of speech and belief and freedom from fear and want has been
proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last
resort, to rebellion against tyranny and oppression, that human rights should be protected
by the rule of law,

Whereas it is essential to promote the development of friendly relations between
nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in
fundamental human rights, in the dignity and worth of the human person and in the equal
rights of men and women and have determined to promote social progress and better
standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in cooperation with the
United Nations, the promotion of universal respect for and observance of human rights and
fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest
importance for the full realization of this pledge,

Now, therefore,

The General Assembly,

Proclaims this Universal Declaration of Human Rights as a common standard of
achievement for all peoples and all nations, to the end that every individual and every
organ of society, keeping this Declaration constantly in mind, shall strive by teaching
and education to promote respect for these rights and freedoms and by progressive
measures, national and international, to secure their universal and effective recognition
and observance, both among the peoples of Member States themselves and among the peoples
of territories under their jurisdiction.

Article 1

All human beings are born free and equal in dignity and rights. They are endowed with
reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration,
without distinction of any kind, such as race, colour, sex, language, religion, political
or other opinion, national or social origin, property, birth or other status.

Furthermore, no distinction shall be made on the basis of the political, jurisdictional
or international status of the country or territory to which a person belongs, whether it
be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3

Everyone has the right to life, liberty and security of person.

Article 4

No one shall be held in slavery or servitude; slavery and the slave trade shall be
prohibited in all their forms.

Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment.

Article 6

Everyone has the right to recognition everywhere as a person before the law.

Article 7

All are equal before the law and are entitled without any discrimination to equal
protection of the law. All are entitled to equal protection against any discrimination in
violation of this Declaration and against any incitement to such discrimination.

Article 8

Everyone has the right to an effective remedy by the competent national tribunals for
acts violating the fundamental rights granted him by the constitution or by law.

Article 9

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10

Everyone is entitled in full equality to a fair and public hearing by an independent
and impartial tribunal, in the determination of his rights and obligations and of any
criminal charge against him.

Article 11

1. Everyone charged with a penal offence has the right to be presumed innocent until proved
   guilty according to law in a public trial at which he has had all the guarantees necessary
   for his defence.
2. No one shall be held guilty of any penal offence on account of any act or omission which
   did not constitute a penal offence, under national or international law, at the time when
   it was committed. Nor shall a heavier penalty be imposed than the one that was applicable
   at the time the penal offence was committed.

Article 12

No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the right to
the protection of the law against such interference or attacks.

Article 13

1. Everyone has the right to freedom of movement and residence within the borders of each
   State.
2. Everyone has the right to leave any country, including his own, and to return to his
   country.

Article 14

1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.
2. This right may not be invoked in the case of prosecutions genuinely arising from
   non-political crimes or from acts contrary to the purposes and principles of the United
   Nations.

Article 15

1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied the right to change
   his nationality.

Article 16

1. Men and women of full age, without any limitation due to race, nationality or religion,
   have the right to marry and to found a family. They are entitled to equal rights as to
   marriage, during marriage and at its dissolution.
2. Marriage shall be entered into only with the free and full consent of the intending
   spouses.
3. The family is the natural and fundamental group unit of society and is entitled to
   protection by society and the State.

Article 17

1. Everyone has the right to own property alone as well as in association with others.
2. No one shall be arbitrarily deprived of his property.

Article 18

Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief, and freedom, either alone or in
community with others and in public or private, to manifest his religion or belief in
teaching, practice, worship and observance.

Article 19

Everyone has the right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek, receive and impart information
and ideas through any media and regardless of frontiers.

Article 20

1. Everyone has the right to freedom of peaceful assembly and association.
2. No one may be compelled to belong to an association.

Article 21

1. Everyone has the right to take part in the government of his country, directly or
   through freely chosen representatives.
2. Everyone has the right to equal access to public service in his country.
3. The will of the people shall be the basis of the authority of government; this will
   shall be expressed in periodic and genuine elections which shall be by universal and equal
   suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22

Everyone, as a member of society, has the right to social security and is entitled to
realization, through national effort and international co-operation and in accordance with
the organization and resources of each State, of the economic, social and cultural rights
indispensable for his dignity and the free development of his personality.

Article 23

1. Everyone has the right to work, to free choice of employment, to just and favourable
   conditions of work and to protection against unemployment.
2. Everyone, without any discrimination, has the right to equal pay for equal work.
3. Everyone who works has the right to just and favourable remuneration ensuring for
   himself and his family an existence worthy of human dignity, and supplemented, if
   necessary, by other means of social protection.
4. Everyone has the right to form and to join trade unions for the protection of his
   interests.

Article 24

Everyone has the right to rest and leisure, including reasonable limitation of working
hours and periodic holidays with pay.

Article 25

1. Everyone has the right to a standard of living adequate for the health and well-being of
   himself and of his family, including food, clothing, housing and medical care and
   necessary social services, and the right to security in the event of unemployment,
   sickness, disability, widowhood, old age or other lack of livelihood in circumstances
   beyond his control.
2. Motherhood and childhood are entitled to special care and assistance. All children,
   whether born in or out of wedlock, shall enjoy the same social protection.

Article 26

1. Everyone has the right to education. Education shall be free, at least in the elementary
   and fundamental stages. Elementary education shall be compulsory. Technical and
   professional education shall be made generally available and higher education shall be
   equally accessible to all on the basis of merit.
2. Education shall be directed to the full development of the human personality and to the
   strengthening of respect for human rights and fundamental freedoms. It shall promote
   understanding, tolerance and friendship among all nations, racial or religious groups, and
   shall further the activities of the United Nations for the maintenance of peace.
3. Parents have a prior right to choose the kind of education that shall be given to their
   children.

Article 27

1. Everyone has the right freely to participate in the cultural life of the community, to
   enjoy the arts and to share in scientific advancement and its benefits.
2. Everyone has the right to the protection of the moral and material interests resulting
   from any scientific, literary or artistic production of which he is the author.

Article 28

Everyone is entitled to a social and international order in which the rights and
freedoms set forth in this Declaration can be fully realized.

Article 29

1. Everyone has duties to the community in which alone the free and full development of his
   personality is possible.
2. In the exercise of his rights and freedoms, everyone shall be subject only to such
   limitations as are determined by law solely for the purpose of securing due recognition
   and respect for the rights and freedoms of others and of meeting the just requirements of
   morality, public order and the general welfare in a democratic society.
3. These rights and freedoms may in no case be exercised contrary to the purposes and
   principles of the United Nations.

Article 30

Nothing in this Declaration may be interpreted as implying for any State, group or
person any right to engage in any activity or to perform any act aimed at the destruction
of any of the rights and freedoms set forth herein.

Office of the High Commissioner for Human Rights

Related links:
What are human rights?