Presentation on the Ratification of UN Space Conventions

1. Select Committee on Trade and International Relations 16 September 2009 Presentation on the Ratification of UN Space Conventions Presented By Ms Nomfuneko Majaja (Chief Director) Advanced Manufacturing incl Space Affairs

2. Introduction and Purpose We would like to thank all the members of the Select Committee for the opportunity given to us to present the UN Outer Space Conventions. The following process has been followed this far: 01 July 2009:the dti presented to Parliamentary Portfolio Committee on Trade and Industry the two Outerspace Conventions (the Liability and the Registration Conventions). 02 Sept 2009 : a Stakeholder workshop was held for both PC on Trade & Industry and Science & Technology. 03 Sept 2009 :the dti presented to Parliamentary Portfolio Committee on Trade and Industry the two Conventions (the Liability and the Registration Conventions) and passed them. 08 Sept. 2009: the Conventions were tabled in the National Assembly. Based on the comments that were received from both PCs, a consolidation of the information that was required in order to give a better understanding of space activities in SA has been done . The presentation focuses on the following areas:- • the overview of space activities with a particular focus on the roles of various stakeholders as well as the legal framework that governs space activities in the country and internationally. • the summary of the provisions of both the Liability and the Registration Conventions; • the benefits of ratifying these Conventions; and • the implementation plan once these Conventions are ratified.

3. Overview

4. Description of “outer space” • "outer space" means the space above the surface of the earth from a height at which it is in practice possible to operate an object in an orbit around the earth. • It comprises the relatively empty region of the universe outside the atmosphere of the earth.

5. Earth observations • Monitoring of environmental conditions: Space based observation makes it possible to see the earth as a dynamic , integrated and interactive system of land , water , atmosphere and biological processes. Examples include detection of fires , storms , cyclones etc. • Monitoring of environmental conditions & Urban Planning: Space based observation through satellites makes it possible to see the earth as a dynamic, integrated and interactive system of land, water, atmosphere and natural processes. Examples include prediction of disasters: fires, cyclones, can also trace industrial pollution as they affect climate change etc.

6. Climate Change Space based observation makes it possible to monitor floods, storms and measure water levels, sea temperatures etc. This can contribute to decision making on water resource management and disaster management plans.

7. Navigation and Positioning • Space based observation makes it possible to monitor and manage traffic flows in the air, road and the sea. (e.g. airplanes,trucks and ships).

8. Communications • Space is a powerful tool delivery of information. Examples TV broadcasting, internet, cell phone etc

9. Spin off benefits Space industry can serve as stimulus for high-tech Industry in general (tv and film, ICT, electronics, energy, aerospace and biomedicine industry etc ) Other spin off benefits include security for livestock, water purification systems etc.

10. DST NRF DEAT NRF WS DEAT Astronomy Environmental Studies DPE OTB SANAP the dti (Policy, Industry, Regulations & International cooperation) Test & Integration Facilities HOUWTEQ Research CSIR DoC HMO Satellite Applications & Ground Segment Satellite Communications SAEON DST CSIR TELKOM DoC SENTECH SANDF DST SANSA Implementation of space activities is spread across a number of government departments and its institutions However, there have been a number of developments in the country that are aimed to ensure that space activities are conducted in a more coordinated manner. NB. This diagram does not reflect all the stakeholders but the intention is to highlight the roles of the various stakeholders

11. Space activities in SA are conducted in accordance with the following Legislative framework • The primary legislative framework governing space activities in South Africa is the Space Affairs Act (Act 84 of 1993) as amended in 1995 (the Act): • The Act establishes the South African Council for Space Affairs, which reports to the Minister of Trade and Industry “to control certain space affairs in the Republic”. • The functions and objects of the Council are to implement the regulatory functions of the policy and to ensure that space activities are conducted in accordance to the international agreements and treaties. However :- • The term of the Council ended in July 2009 and the dti as the custodian of the Act is in the process of constituting the new Council

12. In the recent years government has been resuscitating its Space programme One such outcome has been the approval by Cabinet last year of the guiding framework in the form of a National Space Policy (the Policy) • The policy provides guidelines to all space stakeholders on how the space activities should be conducted in the country. • It puts emphasis on the need for coordination of all space related activities. • One of the principles of the policy is for SA to be a responsible user of outer space environment and ensure that all stakeholders space activities are conducted in accordance with national legislation, relevant international treaties. The Policy is implemented by various government departments according to their mandates.

13. One important mechanism to effect the policy .. A National Space Agency Act of 2008 was promulgated . • The Act establishes a National Space Agency under the auspices of the DST as an institutional vehicle to coordinate the space activities in the country for effective utilisation of space resources in tackling socio-economic challenges. • An interim office has been established to fastrack the establishment of the Agency. • Once instituted, the Agency will implement the policy through the space programme as identified in the Space Strategy. • The general practice is for each country to have its own Space Agency (collaboration with the Nigerian, & Algerian Space Agencies possible) as espoused in the Policy. National Space Strategy (DST): The Strategy identifies 3 key priority areas to be followed by the country‘s space programme in the next 10 years, which are; • Environmental and Resource management • Public Safety & Security • Innovation & Economic Growth

14. General Assembly UNCOPUOS (Est 1959) organ & legal body for O/S UNOOSA (Secretariat) Scientific and Technical Sub-committee Legal Sub-committee UN Programme on Space Applications International Space Law Regional centres on Space Science and Technology Education (2 in Africa) 5 UN Treaties UN Principles International cooperation Use of Nuclear Power Sources in O/S Related to Remote sensing of Earth from O/S etc Nigeria Morocco On the International front The UNCOPUOS is one of the standing Committees of the United Nations, established in 1959 and currently comprises 69 Member States. South Africa is a Member of the Committee.

15. International legal rules International legal rules have been established through the adoption of international Treaties & Agreements by states to govern outer space, including the moon and other celestial bodies. • The major space treaties that are applicable to SA include the following: • The Outer Space Treaty (1967): • The Outer Space Treaty provides the basic framework on international space law. One of the fundamental preemptory principles is that all space activities shall be carried out for “peaceful purposes” and that “the exploration and use of outer space shall be carried out for the benefit all humankind. South Africa is party. • The Rescue Agreement (1968): • The Rescue Convention calls upon all States to render assistance to the astronauts in case of need. South Africa is party. • The Liability Convention (1972): • The Registration Convention (1975): • The Moon Agreement (1979): • The provisions of the Agreement protect the Moon as the Common Heritage of humankind (free of national appropriation).

16. Other Related Treaties • Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water (1971)(Non Proliferation Council-NPC within the dti): This treaty has been ratified by SA • The International Telecommunication Constitution & Convention-1992). Administered by the ITU responsible for allocation of frequency spectrum for the satellites. DOC It should be borne in mind that the domain of outer space, is construed to be a zone of peace, solidarity and international cooperation between States and peoples of the world.

17. Convention on International Liability for damage Caused by Space Objects Launching South African satellites will be beneficial for a number of reasons. • It minimises the purchasing of government used satellite data from other developed countries at exorbitant amounts and in so doing saving scarce foreign exchange for our country. • It provides SA access to high end technology and innovation and development of rocket science thus an opportunity to demonstrate technological capability and economic growth. • It provides capacity to address societal challenges; i.e. challenges on earth, such as natural resource management (agricultural land, water resources, disaster management: natural and artificial disasters) • Satellite data imagery assists to get improved access to hard-to-reach areas.

18. The Liability Convention applies to damage caused by a space object of a launching state. The provisions can be summarised as follows; • Launching States are absolutely liable in terms of Article II, regardless of whether or not they were at fault, for damage caused by a space object on Earth or to an aircraft in flight. But there is an exception if there is gross negligence; • Launching States have fault-based liability in terms of Article III, to damage caused by a space object other than on earth; • Launching States are jointly and severally liable if there is more than one launching State, in terms of Article V, for any damage caused by a space object; • The Convention provides for a procedure for lodging claims and for the appointment of a Claims Commission, if States cannot agree on compensation: • A claim is valid for one year following the incident or one year following the date on which a State became aware of an incident; and • The applicable law for determining compensation is international law and the principles of justice and equity. The fundamental aim of the Liability Convention is mainly to regulate the liability for damage to “innocent” victims not taking part in space activities.

19. Convention on Registration of Objects Launched into Outer Space

20. This Convention applies to a launching State on whose registry a space object is carried The provisions of the Convention can be summarised as follows: • States launching objects to provide information with regard to those objects for inclusion in a United Nations’ register. • States must maintain a National registry that includes certain specified information of space objects; • If there is more than one State involved in the launch of a space object, they must decide which State will report the information to the Secretary-General; • Whenever a space object is launched into outer space this must be reported to the UN Secretary-General and this information will be included on the Register: and • The space object will be marked with the designator or registration number…”

21. Benefits of conducting activities according to the principles and becoming party to the Conventions

22. Freedom of Exploration Space activities will be carried out freely but, in a well established legal framework, in order to avoid temptation of unilateral practises from space faring nations There are numerous benefits that accrue to States if Conventions ratified as follows: Increase in safety of space activities It will increase confidence in the safety of outer space activities in the country and South Africa will be viewed as a credible, responsible user of outer space. Provides for the need of authorisation and supervision of such activities in line with the principles of the Conventions Peaceful settlement of disputes: The Liability Convention provides international rules and procedures for the peaceful settlement of disputes and for claiming compensation. It guarantees the protection of the interests of States and their nationals who fall victim to damage caused by space objects. Protection of victims Most importantly only States parties to the Convention can resort to the procedures and mechanisms for obtaining compensation in case of damage.

23. IMPLEMENTATION PLAN

24. The Space Council as a body to implement matters arising from the Conventions • The South African space legislation (Space Affairs Act) makes some provision for the supervision and implementation of the International Agreements and Conventions. • Any space activity requires the necessary authorisation of the South African Council for Space Affairs in line with the principles set forth in the Conventions (e.g. registering of space objects, issuing of launching licences or revoke them). • The Space Council manages a National Registry for space objects (satellite, launching vehicle, components ) launched into outer space. • the dti will oversee the implementation of the Conventions and provides information with regard to the space objects for inclusion in a United Nations’ register.

25. Thank you