Ratification: Liability and Registration Conventions

1. Portfolio Committee on Trade and Industry 01 July 2009 Ratification: Liability and Registration Conventions Presented By Nomfuneko Majaja (Chief Director) Advanced Manufacturing : Space Affairs

2. Background • South Africa has been a member of the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) since 1994. • This committee was set up by the General Assembly in 1959 (Res.1472 (xiv)) to inter alia review the scope of international cooperation in peaceful uses of outer space, and to study legal problems arising from the exploration of outer space. • The United Nations has five Conventions related to space and South Africa is a party to two of these (the Outer Space and the Search and Rescue Conventions). • Recently, there have been domestic and international developments in South Africa confirmed by the approval by Cabinet of the National Space Policy and the National Space Strategy in Dec 2008 as well as the planned launch of the first government micro satellite, SumbandilaSat later this year. • This requires that South Africa complies with the relevant International standards and obligations.

3. Development in SA Space Arena • Both the Space Affairs Act (84 of 1993) as amended in 1995 and the National Space Policy put emphasis on compliance with international standards and obligations in order for SA to be viewed as a responsible and trustworthy user of space. • In recognition of international conventions: • SA Council for Space Affairs was appointed by the dti Minister in 2006 to regulate, monitor and register space affairs (Space Affairs Act, 1993) • In December 2008, Cabinet approved National Space Policy (dti) which is guiding instrument to Space community and National Space Strategy (DST) which provides the guiding framework for a viable space programme and outlines the technological platforms that allow for delivery on a wide array of national priorities relating to socio-economic benefits. • SA Space Agency was established to coordinate and implement space related activities in SA (SA National Space Agency Act, 2008) under Department of Science and Technology • Space Technology could assist government in the following challenges, Communication, navigation, disaster management, natural resource management (Agric purposes, health & education (tele-health & educ services)

4. Introduction & Purpose • To obtain Parliament’s approval for ratification of the following conventions: 1. Convention on International Liability for Damage Caused by Space Objects (The Liability Convention), 1972 2. Convention on Registration of Objects Launched into Outer Space (The Registration Convention), 1975 • On 8 June, Minister of Trade and Industry tabled the above-mentioned conventions along with the Explanatory Memorandum on the Liability and Registration Conventions, which have been referred to the Portfolio Committee for adoption. • The purpose of the briefing is to provide information on the contents of the conventions so that the Portfolio Committee can approve the ratification.

5. Introduction • It is an accepted international practise amongst space faring nations to comply with the relevant UN space Conventions in the interests of maintaining the space environment as a secure, orderly and predictable environment for the pursuit of peaceful scientific, technological and commercial activities by all nations. • Before the UN Liability and the Registration Convention can come into force, they have to be ratified by Parliament. • In SA, the ratification process is done in accordance with Article 231(2) of the Constitution ,which states that “an international agreement binds the Republic only after it has been approved by resolution in both the National Assembly and the National Council of Provinces…” • Both the Space Affairs Act (84 of 1993) as amended in 1995 & the National Space Policy put emphasis on compliance with international standards and obligations in order for SA to be viewed as a responsible and trustworthy user of space.

6. Convention on International Liability for Damage Caused by Space Objects (1972)

7. Liability Convention • The Liability Convention provides that launching states are liable for damage caused by their space objects on the earth’s surface or to aircraft in flight • and/or to space objects of another state or to persons or property on board of those objects. • The Convention also stipulates the procedure to be followed should a state suffer damages and how the claims should be lodged to the launching state.

8. Article I • the Convention applies to : - a ‘Damage’: -“loss of life, personal injury or other impairment of health; or loss of or damage to property of States or of persons, natural or juridical, or property of international intergovernmental organizations”. - caused by a‘Space Object’: - on the surface of the Earth or to aircraft flight. This includes component parts of a space object as well as its launch vehicle and parts thereof. - of a ‘Launching state’: -“a state which launches or procures the launching of a space object or from whose territory or facility a space object is launched’ irrespective of the success, or not, of the launch”.

9. Article II and III • ‘Absolute /strict liability’ (Art. II): -Imposes on a launching state (s), as well as those states’ members of an inter-governmental organization for any damage caused by their space object. • ‘Fault based liability’ (Art. III): - For damages which occur “elsewhere than on the surface of the earth to a space object (or to person or property on board of a space object) belonging to another launching state.

10. Article V,VIII and XIV • ‘Joint and Several Liability’ (Art. V) : - Whenever there is two or more States that jointly launch a Space Object. • Presentation of Claims for compensation (Art. VIII) - “A State which suffers damage, or whose natural or Juridical persons suffer damage, may present to a launching State a claim for compensation for such damage. • Establishment of a Claims Commission (Art. XIV) - Claims Commission comprising three members if no Diplomatic solution is found.

11. Convention on Registration of Objects Launched into Outer Space

12. Registration Convention • The Registration Convention provides that launching states shall maintain registries of space objects and furnish specified information on each space object launched; for inclusion in a central United Nations register. • The Convention also stipulates that the information be furnished to the Secretary-General of the United Nations.

13. Article I and Article II • This convention applies to the: - State of Registry(Art. I) “a launching State on whose registry a space object is carried” - National Registry (Art. II) “States to maintain a National Registry of all space objects launched by them and inform the Secretary General of the Register”

14. Article IV • States launching objects to provide information with regard to those objects for inclusion in a United Nations’ register as follows : • Name of the launching state (s) • An appropriate designator of the space object or its registration number • Date and territory or location of launch • Basic orbital parameters such as nodal period, inclination, Apogee & perigee • General function of the object

15. Article V • Registration Number: • “Whenever a space object is launched into Earth orbit or beyond is marked with the designator or registration number…”

16. Implementation & Monitoring • The strategic plan and the operational plan of the Council housed within the dti will serve as an implementation plan of the Treaties. • The Council will manage a National Registry for space objects launched into outer space. • the dti will monitor the implementation of the Conventions and provide information with regard to those objects for inclusion in a United Nations’ register.

17. Benefits of Ratification of these Conventions • The first benefit is that space activities must be carried out freely but, in a well established legal framework, which is generally accepted by the large majority of States, in order to avoid temptation of unilateral practises from space faring nations. • It will also increase confidence in the safety of space activities in the country and outside as the Outer Space Treaty requires States to bear international responsibility for national activities in outer space • as well as to provide necessary authorisation and supervision of such activities in line with the principles set forth in the Conventions • In particular, adherence to the Liability Convention provides international rules & procedures for the peaceful settlement of disputes and for claiming compensation. It therefore guarantees the protection of the interests of States and their nationals who fall victim to damage caused by space objects.

18. More Benefits • Ratifying these Conventions will also prove credibility and compliance of South Africa to international outer space affairs: -Thus assisting South Africa to get into credible cooperation agreements with other nations of the world for mutual benefits - Opening up opportunities for South African space community :viz industries, government organizations to work with the highly technological international world.

19. Conclusion • Adherence to these Conventions proves to be highly beneficial, not only for the States that are involved directly in space activities , • but also for States that are not currently carrying out activities in outer space, because they can fall victim of damage caused by space objects to the surface of the Earth or to aircrafts in flight.

20. THANK YOU