Navigating a New Frontier – ‘Human’ Rights in Space

As humanity ventures beyond Earth, we are not only exploring new territories but also challenging our understanding and application of human rights. The quest for space exploration brings forth critical issues that need to be addressed to ensure that our expansion into the cosmos is ethical, equitable, and sustainable. Whilst human rights are focused on humanity and Earth, in this blog I thought it would be fun to look into some pivotal areas where human rights, or at least the principles of rights, could and should be explored regarding space exploration and how rights may interact with extraterrestrial life.

Environmental Rights and Space Pollution

The increasing accumulation of space debris poses a significant threat to both current and future space activities. Thousands of defunct satellites spent rocket stages, and fragments from disintegration and collisions orbit the Earth, creating hazardous conditions for active satellites and manned missions, with the current amount of material orbiting Earth being more than 9,000 tons. The management and mitigation of space debris is essential to preserve the space environment for future generations.

International agreements, such as the Outer Space Treaty (1967), emphasise the responsibility of nations to avoid harmful contamination of outer space and celestial bodies, with Article IX of the Treaty noting:

“States Parties to the Treaty shall pursue studies of outer space, including the Moon and other celestial bodies, and conduct exploration of them so as to avoid their harmful contamination and also adverse changes in the environment of the Earth resulting from the introduction of extraterrestrial matter and, where necessary, shall adopt appropriate measures for this purpose.”

However, enforcing these principles requires robust international cooperation and the development of comprehensive policies to reduce the creation of new debris and to clean up existing debris.

Colonisation and Settlement Rights

As plans for human settlements on the Moon and Mars progress, with NASA’s Artemis Plan seeking to establish a permanent base camp on the Moon by 2030, it is crucial to establish ethical guidelines for colonisation. These guidelines should ensure that space colonies adhere to principles of human rights, democracy, and self-determination. Settlements should be inclusive, offering equal opportunities regardless of nationality, gender, or socioeconomic status.

Space settlers will need a framework that guarantees their rights, including access to basic necessities, healthcare, education, and legal protection. This framework should also address the social and psychological challenges of living in isolated and extreme environments.

In order to avoid a real world Red Faction, the rights that are currently enjoyed on Earth must be extended unequivocally to any outer space settlement. Though, it would be ignorant to assume that these rights are equally enjoyed on Earth, with humans regularly decimating the rights of others, having the hope that these would be enjoyed outside the remits of global jurisdictions could be a pipe dream.

Security and Militarisation of Space

The militarisation of space is a growing concern, with several nations developing capabilities that could lead to an arms race in outer space. The potential deployment of weapons in space could threaten global security and stability. International treaties, again including the Outer Space Treaty aim to prevent the militarisation of space, but there is a need for updated and enforceable agreements to address modern threats, but above all, there is a need for cooperation and an understanding of mutual benefit to avoiding weaponising space.

Despite the ongoing wars and destruction on Earth, preventing this from reaching the limits of space actually appears to be a live and genuine concern of many states, with the UN Security Council voting in April of 2024 to prevent Weapons of Mass Destruction being placed in space, the resolution noted:

“the common interest of all humankind in the exploration and use of outer space for peaceful purposes as a means of furthering the purposes and principles of the Charter of the United Nations…”

Ensuring that outer space remains a domain for peaceful exploration and cooperation is paramount. Diplomatic efforts must focus on building trust and transparency among space-faring nations to prevent conflicts and promote the peaceful use of space.

Property Rights and Resource Exploitation

The question of who owns space resources, such as minerals on asteroids or lunar ice, is a contentious issue. The Outer Space Treaty prohibits national appropriation of space resources, yet there is growing interest in commercial exploitation, with some organisations, such as the Asteroid Mining Corporation, having their entire ethos being about their:

“…intention of mining the abundant resources found beyond Earth in the millions of small bodies throughout our Solar System.”

Establishing a fair and transparent regime for resource management is essential to prevent conflicts and ensure that the benefits of space resources are shared equitably, if they are interfered with at all.

Exploiting space resources must be balanced with the need to preserve the space environment. Regulations must ensure sustainable practices that do not deplete resources or cause irreversible harm to celestial bodies.

With numerous nations on Earth ignoring international law in the pursue of capitalist gains, there is a real concern that, with respect to outer space, it will be that much harder to ensure cooperative progress without rigorous, strict, and unanimous agreement.

Legal and Governance of Outer Space

Effective governance of outer space requires international cooperation and the establishment of clear legal frameworks. The United Nations plays a crucial role in facilitating discussions and developing treaties that govern space activities, with the Office of Outer Space Affairs spearheading the charge. However, adapting existing laws to address new challenges, such as private sector involvement and technological advancements, is necessary.

Creating mechanisms to enforce space laws and resolve disputes is a significant challenge. An international space authority could be established to oversee compliance and adjudicate conflicts and a space tribunal could be formed to mediate and rule on such disputes, ensuring that all space activities are conducted responsibly and fairly.

Encountering Intelligent Life: Redefining Rights in the Cosmos

The discovery of intelligent extraterrestrial life would profoundly impact our understanding of rights. We would need to push to one side the idea of ‘human rights’ and develop a framework for inter-special rights that respects the autonomy and dignity of other intelligent beings. This framework would need to balance the interests and rights of humans with those of extraterrestrial species, ensuring mutual respect and cooperation.

This would be immensely difficult for a species which shows such contempt within itself, never mind the treatment of beings which we see as ‘lesser’, notably animals. This is assuming all world leaders could equally decide not to immediately see such life as a threat and plan to wipe it out in anticipatory self-defence.

As humanity becomes a multi-planetary species, it would be crucial to prepare for the possibility of encountering other life forms. This preparation involves not only scientific and logistical planning but also ethical and philosophical considerations. We must approach space exploration with humility, recognising that we may not be the most important or advanced species in the universe.

A Meta Perspective on Human Rights in Space

The discussion of human rights in outer space is inherently meta, reflecting our aspirations and values as a species. As we extend our reach beyond Earth, we must embrace our duty and responsibility to ensure that the solar system, the galaxy, and the universe are spaces that can be utilised and shared by all forms of life. This profound realisation challenges us to rethink our approach to human rights, acknowledging the interconnectedness of all beings and the shared stewardship of the cosmos. In advancing beyond our planetary bounds, we must strive to create a future that honours the rights and dignity of all, fostering a universe of peace, justice, and collaboration.

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