From Treaty to Practice: Enforcing Air Passenger Rights under the Montreal Convention 1999 in Tanzania

The effectiveness of air passenger protection depends not only on the recognition of legal rights but also on the availability of accessible and effective mechanisms for enforcing them. In Tanzania, concerns regarding passengers’ awareness of their rights, clarity of complaint procedures and access to appropriate remedies raise questions about the practical implementation of obligations under the Montreal Convention, 1999. This paper examines the enforcement of air passenger rights under the Convention in Tanzania, focusing on the relationship between the applicable legal framework, institutional complaint-handling mechanisms and passengers’ practical experiences. The study adopts a doctrinal legal research approach, supported by empirical responses concerning passengers’ awareness, experiences and access to redress. It analyses the Montreal Convention alongside the Civil Aviation Act, Cap. 80, the Civil Aviation (Carriage by Air) Regulations, 2024, and the Civil Aviation (Complaints Handling Procedures) Rules, 2026. The analysis indicates that Tanzania has established legal and institutional mechanisms addressing carrier liability and consumer complaints. However, the practical effectiveness of these mechanisms depends on passengers’ understanding of their rights, the clarity of complaint procedures, access to relevant information and the consistent application of applicable legal requirements. The findings further highlight the importance of distinguishing administrative complaint-handling processes from damages claims pursued under the Convention, particularly regarding the conditions for liability, available remedies and applicable time limits. The paper concludes that effective enforcement requires more than the formal existence of legislation. It recommends reviewing the applicable domestic instruments against the Convention’s revised liability limits, improving passenger-facing information, clarifying complaint procedures and strengthening institutional oversight. These measures would help bridge the gap between the formal recognition of air passenger rights and their practical enforcement in Tanzania.