Tiger Airways deaf to discrimination claims: Herald Sun - April 11,2008
Via Scott Rains. A little outdated but relevant nonetheless.
Tiger Airways deaf to discrimination claims
Article from: Herald SunJane Metlikovec with AAP
April 11, 2008 01:41pm
THE advent of low-cost airlines and zealous interpretation of safety regulations has led to discrimination against people with disabilities, experts say.
A group of deaf people from Melbourne has launched a discrimination case against Tiger Airways after the budget carrier insisted they travel with a carer last month.
But federal disability discrimination commissioner Graeme Innes says the problem isn’t limited to Tiger.
“There have been endemic problems in airlines over the past few years where people with disabilities have been refused carriage because of their disability,” Mr Innes told Sky News.
“The introduction of low-cost airlines has been one of the reasons.”
Mr Innes said they often applied unnecessarily strenuous or zealous interpretations of airline safety regulations and their staff weren’t trained well enough.
“What you get sometimes are individual decisions which are outside airline policies,” he said.
In 2006, Virgin Blue was forced to back down over its policy requiring wheelchair-bound passengers to be accompanied by a carer. It’s currently fighting a federal court case over alleged discrimination, Mr Innes said.
Last week, Mr Innes co-chaired a forum with the parliamentary secretary for disabilities services, Bill Shorten, to address the issue of how disabled people are treated by airlines.
The forum included the main airlines, the Civil Aviation Safety Authority and Government representatives.
Mr Shorten said the Government was concerned that discrimination was taking place “in the name of safety”.
“But the reality is most people with impairment can understand (safety) instructions and fly,” Mr Shorten told Sky News.
Mr Shorten said Tiger was wrong to insist deaf passengers travelled with a carer.
“People who are deaf can still see and all emergency safety briefings have pictorial representations,” he said.
“Just because people are deaf doesn’t mean that they’re stupid.”
He said Qantas had the best policy: “If you can’t self-medicate and self-see then you need a carer”.
But Mr Shorten said individual flight attendants were not to blame.
Better training and awareness about disability was needed, he said.
“The airline industry needs to reach out to people with disability.”
Public servant Adrian Doyle, 38, said he was left humiliated in Tasmania last month when he, his wife Julie, and two friends, Robyn and Steve May, who are all in their 30s, were told they could board a Tiger Airways plane only if they organised - and bought a seat - for a sign language translator.
A spokesman for Tiger Airways, Matt Hobbs, told the Herald Sun the policy was in place to protect the safety of all passengers in case of emergency.
Mr Hobbs said Tiger was not looking at revising its policy to let fully capable deaf adults travel without an aide.
“The carer issue is a standard practice, and it is there to protect the safety of all passengers, and without it, the safety of passengers could be jeopardised,” he said.
But Mr Hobbs rang back five minutes later saying the Tiger policy was actually to allow deaf people to travel without a carer.
Tiger would now address Mr Doyle and his travel companions.
“We are happy to apologise to the people involved for the inconvenience and embarrassment they might have experienced,” Mr Hobbs said.
Mr Doyle, of Nunawading, has filed the complaint against Tiger with the Human Rights and Equal Opportunity Commission under the Disability Discrimination Act.
The group was eventually permitted to take their seats on the March 4 flight from Launceston to Melbourne, after a stewardess told them they would not be allowed to travel alone again.
“The stewardess wrote on a piece of paper to me that we all require a carer on a plane because of our ‘deafness’, which sure floored me,” Mr Doyle said.
“My friends had steam coming out of their ears, and my wife was dumbfounded.
“I then took the paper and wrote that they had insulted us by saying that we require a carer, since we have all travelled a lot, and never encountered any problems with our disabilities.”
Mr Doyle double-checked the Tiger policy over the phone when he returned home, and was again told that he would be required to have a carer next time.
“I am shocked and stunned that Tiger allow themselves to discriminate against deaf people,” he said.
Anti-discrimination consultant Julie Phillips said the original Tiger policy appeared to be out of the dark ages.
“Deaf people fly every day - they do not need carers. It’s ridiculous,” Ms Phillips said.
Virgin Blue and Jetstar both allow deaf passengers to travel without carers.
Tags: airlines discrimination against disabled people, disabled air travel, Tiger Airways
Airline Slammed on Deaf Policy: The Associated Press - April 11, 2008
Airline Slammed on Deaf PolicyBy ROD McGUIRK – 20 hours ago
CANBERRA, Australia (AP) — Ludwig van Beethoven would not be allowed to fly alone on a Tiger Airways flight if he were alive today because of the Singapore-owned airline’s purported policy on deaf passengers, a government minister said Friday.
Bill Shorten used the example of Beethoven — who famously continued composing until his death in 1827 despite losing his hearing — in condemning the treatment of deaf passengers by the Australian subsidiary of Singapore-based budget carrier Tiger Airways.
The policy bars deaf passengers from flying unless accompanied by a fare-paying adult care provider, a Tiger Airways reservations agent who said she goes by only one name, Jinky, told The Associated Press.
But airline spokesman Matt Hobbs denied that the airline had such a policy, and said he was investigating why air crews and call center staff in the Philippines were telling passengers otherwise.
Shorten, Australia’s parliamentary secretary for disabilities and children’s services, said he telephoned the airline Friday to tell them that barring deaf people from flying alone was wrong.
“Under this, Beethoven would never have been able to catch a plane” on his own, Shorten told Sky Television. “Just because people are deaf doesn’t mean that they’re stupid.”
A group of four deaf adults has lodged a complaint with the Australian government’s anti-discrimination watchdog agency after a representative of Tiger Airways Australia told them last month that they could not make an interstate flight without a care provider who could hear, the Herald Sun newspaper reported Friday.
The group was eventually permitted to take their seats on the March 4 flight but a flight attendant told them they would not be allowed to fly alone again on the airline, the newspaper said.
Hobbs, Tiger Airways Australia’s head of corporate communications, said the cabin manager had written the four a note saying: “In future, so you know, you’ll need to travel with a carer for safety reasons.”
“We’re clarifying with all staff that deaf people do not require a carer to travel with them,” Hobbs said, adding that he could not explain the widespread misunderstanding within his company.
“We are apologetic and very sorry that the people involved in this feel in any way that they’ve been discriminated against or upset by this in any way,” he said.
Hobbs said his company’s sister airline, Tiger Airways Singapore, had changed its policy that once required deaf passengers to be accompanied by a care provider.
The Australian subsidiary of Singapore-based Tiger Aviation entered the Australian domestic aviation market last November. Its Australian competitors allow deaf passengers to fly alone.
Tags: airlines discrimination against disabled people, Tiger Airways
AirAsia, Wheelchair Users And Indemnity Form: The Ongoing Saga
With no satisfactory official response forthcoming from AirAsia regarding the policy of imposing indemnity form on wheelchair users after more than two months, I decided to refer my complaint to the Minister of Transport Dato’ Sri Chan Kong Choy and the Minister of Women, Family and Community Development Dato’ Sri Shahrizat Abdul Jalil.
The complaint was sent via email just now and hardcopies will posted to the respective ministers and three other persons in the carbon copy list, namely Senator Prof Datuk Dr. Ismail Md Salleh, Society of Orthopaedically Handicapped Malaysia President Dr. Tiun Ling Ta and Malaysian Spinal Injuries Association President Dr. Rahim bin Noor. I am a member of both organisations. Not long after the email was sent, Ministry of Transport Secretary General Dato’ Haji Zakaria Hj Bahari forwarded the mail to AirAsia CEO Datuk Tony Fernandez asking him to take action accordingly.
Below is the content of my complaint letter:
4 Januari, 2008
Y.B. Dato’ Sri Chan Kong Choy Melalui emel dan pos
Menteri Pengangkutan
Blok D5, Kompleks D
Pusat Pentadbiran Kerajaan Persekutuan
62616 PutrajayaY. B. Dato’ Sri Shahrizat Abdul Jalil Melalui emel dan pos
Menteri Pembangunan Wanita, Keluarga dan Masyarakat
Aras 1-6, Blok E
Kompleks Pejabat Kerajaan Bukit Perdana
Jalan Dato’ Onn
50515 Kuala LumpurDato’ Sri Chan dan Dato’ Sri Shahrizat,
PER: DISKRIMINASI TERDAHAP PENUMPANG YANG MENGGUNA KERUSI RODA OLEH AIRASIA
Saya ingin membuat aduan tentang perkara di atas yang telah berlaku pada diri saya.
1. Pada 30 Oktober 2007, saya bersama isteri saya telah daftar masuk di Lapangan Terbangan Antarabangsa Kota Kinabalu untuk menaiki penerbangan AirAsia AK 5107 ke Kuala Lumpur. Saya adalah pengguna kerusi roda.
2. Seorang pegawai AirAsia meminta saya menandatangani borang lepas tanggungan (Release and Indemnity). Antara fasal yang terkandung di dalam borang itu adalah:
- AirAsia tidak akan bertanggungjawab sekiranya berlaku apa-apa pada diri saya semasa penerbangan.
- Saya bersetuju menanggung segala perbelanjaan AirAsia yang mungkin disebabkan oleh diri saya dalam penerbangan tersebut.
- Saya telah menandatangani borang itu secara sukarela .3. Saya telah membantah dengan sekerasnya dan meminta perkara ini dirujuk kepada pihak pengurusan AirAsia di Kuala Lumpur sebab perbuatan yang mewajibkan saya menandatangani borang itu adalah diskriminasi terhadap saya sebagai seorang pengguna kerusi roda.
4. Setelah pegawai itu merujuk kepada pengurusnya, saya diberitahu bahawa sekiranya saya tidak menandatangani borang tersebut, saya tidak akan dibenarkan menaiki pesawat. Saya tidak mempunyai pilihan kecuali menandatangani borang tersebut untuk dibenarkan menaiki pesawat kembali ke Kuala Lumpur. Apabila menandatangani borang tersebut, saya juga telah menulis dengan huruf besar yang terang bahawa saya membantah perbuatan tersebut. Salinan borang tersebut dilampirkan.
5. Saya telah memaklumkan kejadian tersebut kepada Datuk Tony Fernandez dan Encik Bo Lingam dari AirAsia melalui emel. Maklumbalas dari kedua-dua mereka sungguh tidak memuaskan. Sehingga kini, selepas dua bulan, pihak AirAsia masih belum memberi penerangan yang munasabah mengenai syarat ini kecuali mengatakan bahawa ia adalah syarat dari syarikat insurans mereka. Alasan ini tidak boleh diterima kerana Malaysia Airlines tidak mengenakan syarat ini keatas pengguna kerusi roda kecuali satu kesilapan di Jepun di mana Profesor Yutaka Takamine diminta mendandatangani surat lepas tanggungan. Malaysia Airlines telah pun meminta maaf kepada Profesor Yutaka seperti yang Dato’ Sri-Dato’ Sri sudah dimaklumkan.
6. Saya telah menghadiri kursus “Independent Living Program for People with Disabilities” di Jepun dan Thailand pada 2006 yang dianjurkan bersama oleh Jabatan Kebajikan Masyarakat Malaysia dan Japan International Cooperation Agency. Dalam penerbangan ke kursus-kursus tersebut dengan Japan Airlines dan Malaysia Airlines, saya tidak diminta untuk menandatangani borang lepas tanggungan. Saya juga telah menghadiri 7th Disabled Peoples’ International World Assembly dan Global Summit on Independent Living di Korea baru-baru ini sebagai speaker untuk kedua-dua perhimpunan tersebut dengan penerbangan Malaysia Airlines dan juga tidak diminta untuk menandatangi borang tersebut.
7. Saya ingin merujuk kepada cadangan daripada 18 pertubuhan OKU yang diserahkan kepada Dato’ Sri Chan pada mesyuarat di Kementerian Pengangkutan pada 12 Mac 2007 di mana kami meminta supaya syarat yang mewajipkan pengguna kerusi roda menandatangani surat lepas tanggunan yang diamalkan oleh syarikat penerbangan dilarang sama sekali. Salinan cadangan tersebut dilampirkan.
8. Syarat yang diskriminasi ini melanggar hak asasi saya. Saya berharap Dato’ Sri Chan dan Dato’ Sri Shahrizat akan mengambil tindakan dengan segera supaya perkara yang sebegini tidak berlaku lagi. Ia juga untuk memelihara hak OKU yang termaktub dalam Rang Undang-Undang Orang Kurang Upaya 2007 dan Konvensyen Mengenai Hak Orang Kurang Upaya (Convention on the Rights of Persons with Disabilities).
Perhatian Dato’ Sri-Dato’ Sri di atas perkara ini amat dihargai.
Sekian, terima kasih.
Related entry:
BEAT’s Recommendation To The Ministry of Transport Malaysia
Tags: AirAsia complaint, airlines discrimination against disabled people, Chan Kong Choy, Shahrizat Abdul Jalil
Widespread Discrimination of Disabled Passengers by Low-Cost Airlines
Scott Rains alerted me to the following news report. It seems that the act of discrimination against wheelchair users is not limited to Malaysia’s AirAsia. The Hindustan Times news titled Airline Displays Callousness in December 19 reported that Sanjiv Sachdeva was asked to sign a bond to absolve Jetlite from all responsibilities should anything happen to him in a flight on December 16. Jetlite is an India-based low cost carrier. Sanjiv has filed a complaint with the Directorate General of Aviation and the Commissioner of Diabilities.
In the same newspaper report, another wheelchair user Mahesh Chandrashekar was subjected to similar conditions by Deccan, India’s first low-fare airline. Mahesh was reported to have said that the language used in the indemnity form sounded prejudiced, embarrassing, derogatory and appeared as if a favour has been doled out to a passenger with disability who is travelling on a fully-paid ticket.
Indemnity forms are worded in such a way that the person who signed it absolves the airline from all blame should anything happen. Too bad if that person dies or is injured as a result of flying with the airline. To add insult to injury, if the airline has to incur additional costs because of that person, the said person has to bear all that. Tell me, where is justice in that? Heads I lose. Tails also I lose. Mana boleh? Unbelievable? Go read the indemnity form that Airsia made me sign.
Airlines dive in survey of disabled passenger satisfaction: The Sydney Morning Herald - December 17, 2007
The following news report by The Sydney Morning Herald regarding air travel for disabled people in Australia is equally relevant here in Malaysia in the wake of unfair conditions imposed by AirAsia on disabled people.
Airlines dive in survey of disabled passenger satisfaction
Bonny Symons-Brown
December 17, 2007PEOPLE with disabilities have significantly more trouble accessing airline services than five years ago, despite the introduction of a national standard to protect them.
The Public Interest Advocacy Centre surveyed 110 people with disabilities, their carers or advocates and found that only 14 had an overall positive experience when dealing with airlines.
Its report concludes that there has been “a systemic failure of airlines to improve access”. It has been submitted to a federal government five-year review of disability standards for accessible public transport.
The standards are a regulatory framework for all modes of public transport but there is no compliance monitoring or licensing requirement for airlines to meet the standards.
Even if the airlines do meet the standards, the report warned, the standards do not adequately protect the human rights of people with disabilities.
The complaints included airline announcements that delays were due to a wheelchair passenger, travel being refused unless the disabled person was accompanied by a carer, and broken wheelchairs due to negligent handling. In one case, a passenger was left on the tarmac with no assistance to the terminal entrance.
The centre’s chief executive officer, Robin Banks, said restrictive airline policies on aids such as wheelchairs or assistance animals and inadequate communication between staff and customers with a disability had lead to negative experiences for many disabled travellers.
“People reported things like they felt humiliated or they felt embarrassed, some of them said they wouldn’t be flying again, and the sense that people were afraid of the experience being repeated,” she said.
“The other really strong and common theme is a sense of frustration and a sense that the person they were dealing with couldn’t resolve, or was unwilling to attempt to resolve, the problem.”
The report, co-ordinated with the NSW Disability Discrimination Legal Centre, calls for an airline-specific code of practice to be developed in consultation with people with disabilities and administered by a relevant federal transport agency; mandatory reporting requirements, with data released annually; training courses in disability management for all airline staff; and an industry-based complaints process.
Ms Banks said that in a country such as Australia, where air travel was an important part of public transport, people with disabilities should not continue to confront accessibility problems.