Omofuma, in the aeroplane during his return. In the opinion of the Human Rights Advisory Council, neither the organisation of the flight (e.g. scheduled flight, charter flight or Joint Return Operation organised by Frontex) nor the country in which the aeroplane is registered is the decisive factor. It must also be concluded that pilots have no right to perform sovereign acts under the Aviation Act (Luftfahrtgesetz). After it was determined that aeroplanes are under the mandate of Article 148a (3) of the Federal Constitution also during flights and that commissions can therefore accompany flights and make observations, there was a discussion in autumn 2015 between the representatives of the Federal Ministry of the Interior and the NPM regarding the procedures for such observations by the NPM. Discussion with the Federal Ministry of the Interior Some questions – such as timely notification of the NPM regarding planned flights – could be immediately clarified by the Federal Ministry of the Interior. In connection with the planned amendment to the Law Enforcement Bodies Act, a new decree will regulate participation and observation by the NPM during (forced) returns by land and air. Further details must still be clarified. 2.7.2.2. Human rights observers during forced returns The implementing regulation to the Aliens’ Police Act requires the Federal Ministry of the Interior to deploy a human rights observer from the time of the contact meeting until arrival in the country of origin. The observation report is to be sent to the Federal Ministry of the Interior. The question of which non-governmental organisations will observe (forced) returns as human rights observers in the future was unanswered for a long time. A decision has now been made. The investigative proceedings initiated ex officio in 2012 explored two topics: the first was whether other NGOs besides the Association of Human Rights Austria (Verein Menschenrechte Österreich) could provide human rights observers for (forced) returns, especially by air. The second topic was the conflict of roles for the Association of Human Rights Austria between interpreting activities and activities as return counsellors. The conflict of roles was already described and criticised in the Annual Report 2014 (see NPM Report 2014, p. 140). It was unclear for a long time, which NGOs would provide human rights observers for (forced) returns. Non-governmental organisations criticised that the Association of Human Rights Austria held a kind of monopolistic position and that a broader dispersion of this task was desirable. According to the Federal Ministry of the Interior, the search for NGOs willing to cooperate was difficult and time-consuming. Several meetings had been held with various NGOs. Finally, the Ministry and the International Centre for Migration Policy Development (ICMPD – an international organisation in the area of migration – worked on a project called “Forced Return Monitoring 145