SAFEGUARDING THE SKIES: BALANCING SPACE SUSTAINABILITY
WITH INDIGENOUS RIGHTS PROTECTIONS

D. KASIBANTE

Corresponding Author: Space Law and Policy Specialist. Regional Coordinator, Africa, of the Space Generation Advisory Council, in support of the United Nations Programme on Space Applications. All errors are mine.

Abstract

The accelerating deployment of commercial satellite mega-constellations in low Earth orbit is posing an existential threat to indigenous communities in Africa who have maintained deep cultural and spiritual connections to unobstructed night skies for millennia. The artificial brightening of the heavens from tens of thousands of new orbital objects risks severing ancestral traditions, knowledge systems, agricultural cycles, and cosmological worldviews inextricably tied to celestial observations and cosmic relationships. This raises profound human rights implications, as international legal instruments enshrine indigenous peoples’ rights to maintain intangible cultural heritage, self-governance over traditional lands and resources, and free, prior and informed consent regarding imposed activities affecting them. However, existing space governance policies and regulatory frameworks lack adequate enforceability and specific guidelines to balance satellite industry interests with preserving dark skies and radio quietness relied upon by vulnerable populations. This paper examines the historical and contemporary significance of celestial visibility across African Indigenous groups, the disruptive impacts of projected satellite proliferation, and the legal and ethical obligations to uphold indigenous rights equitably as space exploration rapidly expands. Case studies of threatened communities like the Maasai and San peoples underscore how satellite light pollution compounds broader environmental justice challenges. Potential policy reforms are proposed to bridge current governance gaps, such as mandating comprehensive cultural impact assessments, structured community consent processes, mitigation liability guidelines, and empowering Indigenous oversight integrated into space policy and legal instruments. Ultimately, realizing the full socially sustainable potential of space activities requires holistically recognizing Indigenous peoples as key stakeholders and upholding principles of environmental justice as humanity’s shared cosmic heritage.

Key words: Satellite constellations, Indigenous rights, space sustainability, environmental justice, intangible heritage, light pollution.

 

Introduction

The proliferation of satellites and mega-constellations in low Earth orbit poses an emerging threat to the ability to view dark and quiet skies around the world. For indigenous communities across Africa who rely on celestial visibility for cultural practices, navigation, agricultural timing, and spiritual ceremonies, interference from satellites disrupts an intricate relationship between people and space that has persisted for millennia (1). As space agencies and private companies accelerate space exploration and development, there is a need to balance economic interests with principles of inclusion, ethics, and sustainability that account for the rights of marginalized populations affected by expanding space operations .
The ability to look up and see the cosmos undefiled by artificial light has remained commonplace from humankind’s beginnings until only recently in history. Yet already, two-thirds of the global population live under light-polluted skies (2). In 2021 alone, over 1807 new satellites were launched into space, while 2022 saw the most objects ever launched into space in one year, with 2474 objects launched thus (3). These numbers have drastically increased the number of visible orbiting objects and streaks across the night sky. Projections estimate over 50,000 new satellites will be launched in the next decade with the development of “mega-constellations” by companies like SpaceX’s Starlink network (4). While bringing internet access to remote regions can assist some communities, the light pollution produced threatens indigenous cultures for whom a clear view of the night sky underpins rituals, agriculture, and ways of living intimately tied to the stars (5).
The cultural legacy disrupted holds deep significance, as practices relying on celestial visibility have endured for countless generations, forming core belief systems and enabling Indigenous self-sufficiency in remote areas long precede current space exploration. The East African Borana people have guided nighttime harvests by the mutable moon and various star constellation systems for millennia (6). The Samburu people have synchronized various rituals which are central to their way of life with visible phases in the lunar cycle (7). Ancient Aboriginal Australian rock paintings depict precise stellar patterns used in cultural lore and storytelling, among other uses in their indigenous way of living (8). Without clear skies, such traditions become severed from their cosmic anchors in ways that undermine cultural heritage and self-determined livelihoods. In many ways, therefore, the interruption of the celestial canvas may greatly affect the ways of life of indigenous people, in ways that are yet to be fully comprehended (9). As emphasized in the Dark and Quiet Skies for Science and Society report, preserving dark skies should involve protecting vulnerable cultures along with enabling scientific observation (10).
While satellite services yield economic and social benefits that require consideration, current legal and regulatory frameworks lack sufficient provisions to safeguard indigenous rights and inclusion. Sub-orbital flights fall under ambiguous territory concerning sovereignty amidst global commons, and no specific liability regulations exist to uphold corporate accountability regarding cultural externalities imposed onto Indigenous groups (11). Voluntary best-practice sustainability guidelines espouse laudable aims regarding environmental and orbital impacts but lack meaningful enforcement capabilities or specific requirements regarding effects on vulnerable cultures (12). Even legally binding space treaties affirm noble principles declaring space exploration the “province of all mankind” while explicitly barring national appropriation but failing to outline concrete protections for Indigenous interests against other damaging intrusions that could accompany expanding space commercialization and development (13). Without addressing such gaps, accelerating space enterprise risks repeating histories of marginalization instead of upholding ethical, inclusive innovation.
This paper argues that realizing the full social benefits of space exploration sustainably necessitates balancing economic interests with cultural rights and the inclusion of vulnerable indigenous peoples affected by resulting light pollution. After examining specific cultural traditions relying on dark, quiet skies and projected interference from planned satellite constellations, policy measures and voluntary corporate guidelines are proposed to strengthen Indigenous participation, informed consent, and adaptive mitigation amidst changing orbital conditions. Suggested community-based impact assessments and adjusted launch plans would aim to sustain bifurcated aims – continuing space commerce while preserving clear skies where indigenous practices endure. By balancing sustainability alongside profitability, space development can foster social outcomes benefiting both humankind and its cosmic heritage.

Indigenous Peoples’ Reliance on Dark Skies

For millennia, indigenous communities across Africa have maintained intricate relationships with the cosmos, relying on clear views of the night sky for spiritual traditions, agricultural cycles, timekeeping, navigation, and foundational mythologies (14). Celestial patterns and motions formed the basis for many Indigenous knowledge systems, facilitating sustainable livelihoods attuned to local environments long before modern technology and light pollution obscured the stars (15). This section examines several examples of how specific African indigenous groups have depended on night skies as a critical resource for their cultural identities and ways of life.
The Dogon people of Mali possess a sophisticated cosmogony encoded through generations of star lore and oral traditions (16). Their mythology recounts the creation of the Milky Way galaxy and accurate descriptions of orbiting celestial bodies that predate modern scientific theories (17). Additionally, their religious rituals and festivals align with visible stellar phases throughout the year (18). Similarly, the San people indigenous to southern Africa maintain a vibrant storytelling culture passing down ancient tales and mapping out constellations, eclipses, and meteor showers (19). Their rock artworks depict animals alongside celestial imagery, likely indicating relationships between the skies and ecosystem patterns guiding them as hunter-gatherers (20).
For many other indigenous African communities, celestial observations facilitated essential survival practices tied to ecological cycles. The Maasai in Kenya and Tanzania track lunar phases to determine ideal times for rituals like naming ceremonies or cattle movements in synch with grazing patterns (21). The Borana pastoralists of Ethiopia and Kenya have defined their annual calendar according to detailed lunar observations stretching back centuries (22). During certain moon phases, elders interpret omens and make decisions regarding community events like harvests or migrations to find water (23). In Berber societies across North Africa, star patterns govern planting, harvesting, and related cultural ceremonies (24).
Beyond tangible practices, unobstructed night skies imbue profound connections with the cosmos deeply embedded in indigenous African worldviews and philosophies. The Batammaliba people regard the night sky’s visibility as crucial for maintaining spiritual links with their ancestors (25). For the Tswana of southern Africa, celestial phenomena manifest as physical connections between the living and the dead, with special dances and rituals honouring stars believed to be the souls of past chiefs or heroes (26). The Dogon creation story portrays humans originating as a branch descending from the same universal genealogical tree that produced the Sun, Moon, Earth, and stars (27). Many indigenous African knowledge systems emphasize a symbiotic, sustainable coexistence with the natural order revealed in the heavens above (28).
Artificial light pollution from economic activities threatens to sever such spiritual and ecological ties fostered over generations. Many groups already face existential challenges from climate change impacts, environmental degradation, and development incursions onto ancestral lands (29). The emerging proliferation of satellites exacerbates light pollution and, thus, compounds pressures to sustain indigenous ways of life and the intangible cultural heritage they safeguard.
Beyond impairing naked-eye observations, satellite networks also raise concerns about radio frequency interference (RFI) from communications links, which could impact certain indigenous communities’ audio traditions. Groups like the San maintain a rich legacy passed down through oral poets and storytellers (30). Satellite radio frequency interference affects indigenous people by impacting their astronomy practices. The interference from satellite mega-constellations can disrupt astronomical observations by leaving streaks of light in telescope images, leading to data loss and affecting crucial studies like stellar populations, near-Earth object searches, and exoplanet discoveries (31). Radio astronomy projects, which rely on minimal interference, can be hindered by satellite radio frequency interference, affecting stakeholder engagement with indigenous communities living in areas ideal for such projects (32). The growing number of satellites, especially in low Earth orbit (LEO), therefore, poses challenges for radio astronomy and government space systems due to increased interference from satellite transmissions. Potential RFI from satellite internet infrastructure threatens to further disrupt indigenous practices that are already under strain.
As this overview illustrates, preserving dark skies is not simply an astronomical issue – it bears profound cultural and human rights implications. International legal instruments reinforce indigenous peoples’ rights to maintain their distinct spiritual traditions, languages, oral expressions, and other intangible cultural heritage (33). Access to ancestral lands and resources is protected to enable indigenous self-governance and self-determined development (34). The United Nations Declaration on the Rights of Indigenous Peoples further establishes requirements for free, prior and informed consent regarding any projects affecting indigenous peoples’ lands, territories or resources (35). Imposed light pollution inhibiting cultural practices dependent on celestial observations could thus constitute violations of human rights standards.
With rising threats as more satellites appear in the skies, safeguarding Indigenous rights will require concerted efforts toward ethical space stewardship balancing exploration with environmental and cultural preservation. Potential mitigation frameworks discussed later in this paper aim to uphold the ability of Indigenous peoples to maintain their cosmic connections as a vital aspect of human diversity amidst an age of new technological frontiers.

Threats from Satellite Mega constellations

As the commercial space industry has rapidly expanded in recent years, a proliferation of satellite networks has emerged as a primary threat to the preservation of dark and quiet skies relied upon by indigenous communities. Satellite «mega-constellations» comprising thousands of craft in low Earth orbit aim to provide global internet access, Earth monitoring, and other services, with major companies like SpaceX, Amazon, and OneWeb launching ambitious deployment plans (36). However, the sheer number of satellites projected to clutter the night sky over the next decade poses serious implications for the ability of indigenous peoples to maintain cultural practices anchored in celestial visibility and radio spectrum usage.
SpaceX’s Starlink network represents one of the most prominent mega constellations underway, with initial plans calling for as many as 42,000 satellites in low Earth orbit to establish a high-speed internet backbone (37). This would dwarf the approximately 9,000 total satellites launched since the beginning of the space age (38). Other major players aiming to build extensive satellite networks include Amazon’s Project Kuiper (up to 3,236 satellites) (39), the United Kingdom-based OneWeb (up to 6,372 satellites) (40), and China’s Guowang (13,000 satellites) (41). Collectively, analysts estimate over 50,000 new satellites could be launched by the end of the 2020s (42).
The sheer quantity of craft would significantly increase the number of visible objects in the night sky, disrupting the natural darkness critical for indigenous populations (43). According to astronomers, the Starlink network alone would potentially double the number of bright satellite trails seen by the naked eye on a clear night (44). Such light pollution erodes the ability to view celestial patterns, diminishing or eliminating the visibility of some constellations, eclipses, meteor showers, and other astronomical phenomena that form the basis of indigenous knowledge systems (45). Additionally, the highly reflective surfaces of many new satellites can produce disruptive glints and flashes, further obscuring natural skywatching (46).
Beyond visual impacts, the radio frequencies used by satellite communications also threaten to interfere with established indigenous practices relying on clear access to the electromagnetic spectrum. The increasing number of satellites in LEO constellations raises the probability of radio signals from these satellites interfering with radio astronomy observations (47). Radio astronomy facilities benefit from being located in «radio quiet zones» to avoid interference from ground-based transmissions, but satellite signals can still bleed into the protected frequency bands used for radio astronomy (48). Many indigenous cultures around the world practice astronomy and celestial observations that could be impacted by radio interference from satellite constellations (49).
Furthermore, Indigenous communities globally rely on community radio stations, often operating on borrowed frequencies, to broadcast in their native languages and preserve cultural traditions (50). It has been further theorised that the increasing demand for satellite communications frequencies could potentially interfere with or displace indigenous community radio stations operating without official licenses (51). The high-powered signals from satellite internet and data links could potentially drown out or disrupt such low-power traditional communications, severing communities’ ability to access environmental intelligence vital for their survival.
In addition to economic and social benefits, the rapid proliferation of satellites also carries profound environmental costs that further threaten indigenous ways of life. Satellite launches release black carbon and other harmful emissions that contribute to climate change, which many Indigenous communities are already experiencing devastating impacts (52). Collisions or break-ups can produce dangerous orbital debris, while chemical propellants used for spacecraft manoeuvres contaminate the upper atmosphere (53). The accumulated effects of space activity could disrupt complex ecological relationships that sustain Indigenous livelihoods, compounding pressures on their cultural and environmental stewardship.
Importantly, the disruption caused by satellite mega-constellations does not affect all communities equally. Indigenous groups in remote, sparsely populated regions – often where access to modern technology remains limited – tend to have the strongest ties to celestial-based knowledge and are therefore most vulnerable to the encroachment of artificial light and radio noise (54). Conversely, those with greater integration into mainstream society may experience fewer direct impacts, widening existing social and economic disparities. Preserving cultural diversity and self-determination requires addressing disproportionate burdens on marginalized populations.
Overall, the scale and pace of current satellite deployment, if left unchecked, presents an existential threat to the ability of indigenous communities to maintain their unique relationships with the cosmos. Safeguarding dark and quiet skies as a shared global heritage necessitates proactive measures to balance the benefits of space development with the rights and needs of impacted populations. The following section explores potential policy and corporate governance frameworks to this end.

Legal and Policy Issues

As the threats posed by satellite mega-constellations to indigenous peoples become increasingly evident, significant gaps remain in existing legal and policy frameworks to effectively balance space development with principles of sustainability and human rights protections. While various multilateral instruments enshrine admirable principles, they lack specific enforceability, delineation of responsibilities, and participatory mechanisms to safeguard vulnerable groups against the disruptions of light pollution and radio interference.
At the international level, the Outer Space Treaty establishes that the exploration and use of outer space should benefit all countries and be carried out for the «benefit and in the interests of all countries,» though it does not provide further defining of this criteria (55). Similarly vague language pervades other UN treaties on space like the Registration Convention asserting space activities should avoid «harmful contamination (56).» Such ambiguities open significant interpretive room regarding whether the degradation of skies relied on by Indigenous communities constitutes a qualifying «harm» necessitating mitigation.
More specific protections exist within the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which asserts indigenous peoples’ rights to practice their cultural traditions and to maintain spiritual relationships with their traditionally owned lands and resources (57). UNDRIP also codifies the principles of free, prior and informed consent regarding any activities that may affect indigenous peoples, territories or resources (58). Satellite light pollution disrupting celestial visibility could plausibly contravene such protections. However, UNDRIP lacks binding legal force as a UN resolution, limiting its enforceability.
In the realm of human rights law, the International Covenant on Civil and Political Rights prohibits discrimination impacting minority groups’ ability to enjoy their cultures (59). The International Labour Organization’s Convention 169 mandates that «governments consult indigenous peoples through appropriate procedures…before undertaking or permitting any programmes» affecting them (60). Such instruments provide recourse for indigenous groups to assert claims if satellite networks degrade their cultural resources and practices dependent on dark skies. However, litigation processes can prove lengthy and uncertain, hindering such actions.
Existing space governance policies and guidelines put forth by major institutions also exhibit shortcomings regarding cultural impacts. The UN Committee on the Peaceful Uses of Outer Space issued voluntary «Long-Term Sustainability Guidelines» in 2021, exhorting nations to minimize space debris, avoid harmful contamination, and consider environmental impacts – but does not explicitly address cultural heritage effects from activities like satellite constellations (61). Similarly, the Inter-Agency Space Debris Coordination Committee (IADC), which sets technical guidance followed by major space agencies, evaluated satellite constellation impacts but primarily through the lens of orbital debris and safety risks rather than indigenous rights or environmental justice (62).
At the national level, the United States – home to major actors like SpaceX and Amazon – does not possess an overarching, centralized regulatory framework governing commercial space activities and their societal implications. Instead, a patchwork of rules exists between agencies like the Federal Aviation Administration, Federal Communications Commission, and Department of Commerce, with remits largely focused on mitigating physical risks rather than broader sustainability and human rights criteria (63). As the first nation to approve mega constellations like Starlink, the US failed to conduct comprehensive environmental or cultural impact assessments (64).
This diffusion of responsibilities and lack of holistic oversight compounds the accountability deficits around safeguarding Indigenous interests amid satellite proliferation. As of the time of this research, no binding requirements currently exist to consult impacted communities, adjust deployment plans, or provide mitigation, nor do clear liability frameworks exist to apportion responsibility for damages to cultural heritage resources. Without such institutional reforms, commercial forces can effectively run roughshod over marginalized populations – a dynamic playing out across numerous industries.
Some promising governance models have begun emerging to elevate indigenous rights and ethics as space activities expand. At a multilateral level, the Working Group on the Status and Application of the Five United Nations Treaties on Outer Space, is exploring updates to the Outer Space Treaty and related governance frameworks – providing a key forum for indigenous representatives to advocate safeguarding their astronomical heritage as a «global common resource» warranting special protections (65). Environmental and human rights review processes have also been proposed as potential accountability mechanisms for private space actors (66).
Overall, while some affirmative ethical principles and indigenous rights exist in international law, binding enforceability remains lacking in space governance. Ensuring sustainable and equitable space development requires bridging these gaps – potentially through clearer corporate impact assessment requirements, structured consultative processes, mitigation liability guidelines, and empowered Indigenous oversight integrated into updated policy and legal instruments. Section 4 explores potential components of such an indigenous-inclusive framework as satellite constellations expand into the future.

Case Studies

The impacts of satellite mega-constellations impairing celestial visibility manifest in diverse ways across different Indigenous communities in Africa, compounding existing threats to their cultural survival. This section examines two case studies that vividly illustrate the stakes involved and the need for proactive mitigating frameworks balancing space development with Indigenous rights protections..

Maasai of East Africa

For the renowned Maasai pastoralists inhabiting regions across Kenya and Tanzania, the proliferation of satellite networks poses a severe endangerment to an ancient way of life already under strain. The Maasai’s intimate relationship with the stars and lunar cycles stretch back centuries, deeply interwoven into timekeeping practices, oral traditions, and spiritual beliefs guiding their semi-nomadic cattle herding (67).
Celestial observations remain integral to the Maasai calendar system that governs both mundane activities like cattle movements and sacred rituals encompassing naming, marriages, and rites of passage into warriorhood (68). The lunar cycles dictate ideal dates for ceremonies, with the new moon welcoming important gatherings (69). Warriors consult the stars at night to navigate cattle drives across the plains to seasonal grazing lands (70). Elders rely on unobstructed skies to discern omens conveyed through meteor showers or lunar eclipses that presage key decisions (71).
However, the growing influx of light pollution already impairs these stargazing traditions. In recent years, increasing electric lighting from rapidly proliferating safari lodges, infrastructure development and urban encroachment across Maasai territories has begun outshining the night sky (72). With satellite trails and other disruptions looming from planned mega constellations, the ability to follow these celestial cycles faces an existential crisis (73).
Already beset by land dispossession, droughts, and increasing urbanization pressures, the death of celestially-guided knowledge systems passed down for generations of the Maasai could represent a final push towards complete cultural erosion (74). Preserving their cosmic heritage requires urgent measures to mitigate space-based light pollution across vulnerable Indigenous lands.

San of Southern Africa

The San Bushmen of the Kalahari desert, one of the most ancient groups of hunter-gatherers dating back over 20,000 years (75), also remain highly vulnerable to the disruptive effects of satellite constellations on their celestial traditions. Their rich oral storytelling culture encompasses memories and lessons encoded into detailed astronomical observations, with specific star patterns guiding survival skills and environmental knowledge (76).
Like most indigenous communities, the San perceive the night sky as the broad canvas, directory and anchor into the wisdom of their ancestors and environment, whereby, if they lose their connection to reading the stars, they may lose their identity and way of being (77).
For instance, the appearance of the curved Scorpius constellation signalled the time of year for the San to harvest nutritious roots (78). Other star clusters represented different animals and their behaviours, informing hunting methods attuned to ecosystem patterns (79). Young San were tutored to memorize these celestial maps that conveyed seasonal information as vital as any sundial or calendar, passed down over generations (80).
However, the limited territories where the remaining San people live already face extensive light pollution encroachment from expanding cities in Namibia, Botswana, South Africa and Angola (81). Anthropologists estimate that large tracts of their ancestral lands have been rendered too bright for clear stargazing amidst increased mining, industrialization, and urbanization across the region (82). Diminishing starlight visibility could cut off these peoples’ last connections to the environmental intelligence guiding their survival for centuries.
Industrialization and development already displaced and marginalized the San. The addition of invasive space technology now threatens an irrevocable epistemic rupture to one of the oldest surviving knowledge systems tying humanity to the cosmos.
These case studies underscore how the compounding threats of encroaching satellites magnify existing cultural and environmental justice challenges indigenous groups in Africa already face. Preserving their astronomical heritage thus necessitates far-reaching policy reforms that uphold Indigenous rights to dictate their development pathways and free, informed consent to any activities impacting their territories or cosmic connections. The following concluding section explores potential frameworks for more sustainable, equitable space stewardship.

Conclusion

As commercial space activities rapidly accelerate, the proliferation of satellite mega-constellations presents an existential threat to indigenous communities across Africa who have maintained deep spiritual and practical connections to the night skies for millennia. While providing certain technological benefits, the excessive brightening of the heavens from tens of thousands of new orbital objects stands to sever cultural traditions, knowledge systems, and ways of life inextricably tied to celestial observations. Light pollution, radio interference, and other disruptions exacerbate compounding environmental injustices these vulnerable populations already face from industrialization, development, and climate change.
This paper has examined the significance of unobstructed stargazing across diverse African Indigenous cosmologies, ancestral practices, and sustainable ecological relationships encoded in the heavens above. Case studies of imperilled groups like the Maasai and San peoples further illustrated the grave impacts of losing this cosmic heritage ingrained over countless generations. Existing international laws and space governance policies contain notable gaps lacking adequate enforcement mechanisms, mitigation requirements, or binding protections to balance space commercialization against indigenous rights and inclusion.
Upholding the full «Province of All Mankind» principle animating the Outer Space Treaty, thus, necessitates bridging these gaps through concrete actions, prioritizing the voices and perspectives of vulnerable, historically marginalized populations. Potential policy reforms could mandate comprehensive cultural impact assessments and free, prior and informed community consultations before authorizing new satellite deployments or launches. Other measures may include compensatory liability frameworks, indigenous co-stewardship models, or technological adjustments to reduce spacecraft brightness and electromagnetic interference.
At its core, realizing the socially sustainable development of space requires empowering Indigenous peoples as active participants able to guide and consent to activities directly affecting their ancestral territories and celestial relations – not tokenized bystanders subject to externalized harm. Just as the journey into space expanded humanity’s cosmic perspective, it must also expand moral perspectives to fully internalize the costs borne by all peoples and uphold principles of environmental and social justice.
Space exploration began by first revealing the universe’s grand enormity, only to discover the astonishing natural fragility of Earth as a pale, lonely oasis harbouring all known life. Now, humanity must collectively confront the reality that even the seemingly boundless night sky represents a finite, vulnerable resource. Preserving this cosmic vista means preserving the rich cultural diversity that reverentially sought to understand over thousands of years. While technological innovations open new frontiers, ethical space development demands safeguarding humanity’s celestial heritage and indigenous traditions keeping that essential bond alive.
With collaborative governance frameworks recognizing indigenous stakeholders, space industrialization can continue while still sustaining the environments enabling traditional lifeways invaluable to all humankind’s heritage and future as a multi-planetary, interstellar civilization. The heavens linking ancestors to present and future generations deserve no less consideration and care than the ecological resources sought for harvesting. What becomes of the skies ultimately reflects the trajectory of civilization itself – a choice between brightening ephemeral sparks of disruption or nurturing an enduring, transcendent cosmic perspective rooted in sustainability and justice. This crossroad presents a profound opportunity to shape not just the province of space activities, but the ethical character defining humanity’s role as stewards of the universe.

References

  1. Thebe Rodney Medupe, ‘Indigenous Astronomy in Southern Africa’ In Ruggles, C. (ed) Handbook of Archaeoastronomy and Ethnoastronomy (Springer 2015).
  2. Yali Katz and Noam Levin, ‘Quantifying urban light pollution- A comparison between field measurement and EROS-B imagery’ (2016) 177 Remote Sensing of Environment 65.
  3. “How many satellites are orbiting the Earth in 2023?” Pixalitics 5 July 2023, https://www.pixalytics.com/satellites-orbiting-earth-2023/.
  4. Giacomo Acciarini and others, ‘Observation Strategies And Mega constellations Impact On Current Leo Population’ (Proceedings of the 2nd NEO and Debris Detection Conference, Darmstadt, January 2023).
  5. Medupe (n 1).
  6. Abera Bekele Dinsa and others, ‘Indigenous knowledge of astronomical star positions and temporal patterns for seasonal weather forecasting: the case of Borana Oromo Pastoralists of Southern Ethiopia’ (2023) 12 F1000Research 2023 1.
  7. Rhodia Mann ‘The Samburu: Some Speculations as to Origins’ (2002) Kenya Past and Present 11.
  8. Duane Willis Hamacher, ‘On the Astronomical Knowledge and Traditions of Aboriginal Australians’ (DPhil thesis, Macquarie University 2011).
  9. Duane Willis Hamacher, Krystal de Napoli and Bon Mott, ‘Whitening the Sky: light pollution as a form of cultural genocide’ (2020) 1 Journal of Dark Sky Studies accessed at https://arxiv.org/pdf/2001.11527.pdf on 1 March 2024.
  10. International Astronomical Union (IAU), Dark and Quiet Skies II for Science and Society (International Astronomical Union Dark & Quiet Skies II Scientific Organizing Committee (SOC) and the Working Group (WG) Report 2022).
  11. Tanja Masson-Zwaan, ‘Private Law Aspects of Suborbital Flights: Second- and Third-Party Liability and Insurance’ (2022) 87(3) Journal of Air Law and Commerce 413.
  12. Ibid.
  13. Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (Outer Space Treaty) (opened for signature 27 January 1967, entered into force 10 October 1967) 610 UNTS 205, Article 1.
  14. Aparna Venkatesan and others, ‘The impact of satellite constellations on space as an ancestral global commons’ (2020) 4 Nature Astronomy 1043.
  15. Hamacher, Napoli and Mott (n 9)
  16. Keith Snedegar, ‘Astronomy in Sub-Saharan Africa’ In Helaine Selin (ed) Encyclopaedia of the History of Science, Technology, and Medicine in Non-Western Cultures (Springer 2008).
  17. Ibid.
  18. Ibid.
  19. Keith Snedegar, ‘Astronomical Practices in Africa South of the Sahara’ in Helaine Selin (ed), Astronomy Across Cultures: The History of Non-Western Science (Springer 2000) 460-462.
  20. Ibid.
  21. Brian Warner, ‘Traditional astronomical knowledge in Africa’ In Walker C. (ed) Astronomy Before the Telescope (British Museum Press 1996) 304-317.
  22. Dinsa and others (n 6).
  23. Ibid.
  24. José Barrios García, ‘Mathematics and Astronomies of the Ancient Berbers’ In Helaine Selin (ed) Encyclopaedia of the History of Science, Technology, and Medicine in Non-Western Cultures (Springer 2014).
  25. Snedegar (n 16) 456.
    26.Motheo Koitsiwe, ‘African indigenous astronomy of Batswana in Botswana and South Africa’ (DPhil thesis, North-West University 2019).
  26. Snedegar (n 16) 455-459
  27. Koitsiwe (n 26).
  28. United Nations Permanent Forum on Indigenous Issues, ‘Indigenous Peoples and the Environment’ (UN, 2023) https://www.un.org/development/desa/indigenouspeoples/climate-change.html accessed 2 March 2024.
  29. Snedegar (n 19).
  30. Ciara Finnegan, ‘Indigenous Interests in Outer Space: Addressing the Conflict of Increasing Satellite Numbers with Indigenous Astronomy Practices’ (2022) 11 (2) Laws 26.
  31. Anton Binneman and Corné Davis, ‘Star stories: using indigenous knowledge for stakeholder engagement’ (2020) 25 Communitas 1.
  32. United Nations, ‘United Nations Declaration on the Rights of Indigenous Peoples’ (UN 2007) United Nations General Assembly Resolution 61/295 Resolution adopted by the General Assembly on 13 September 2007 [without reference to a Main Committee (A/61/L.67 and Add.1)] arts 11-13.
  33. International Labour Organization, ‘Indigenous and Tribal Peoples Convention’ (ILO Convention No 169, 1989) arts 13-19.
  34. UN Declaration (n 33) art 19.
  35. Acciarini and others (n 4).
  36. Ibid.
  37. Union of Concerned Scientists, ‘2022 Satellite Database’ (UCS, 2022) https://www.ucsusa.org/resources/satellite-database accessed 20 March 2024.
  38. Federal Communications Commission, ‘FCC Authorizes Amazon to Provide Broadband Service with Project Kuiper Satellite Constellation’ (FCC, 30 July 2020) https://www.fcc.gov/document/fcc-authorizes-kuiper-satellite-constellation accessed 20 March 2024.
  39. OneWeb, ‘OneWeb Streamlines Constellation’ (OneWeb, 13 January 2021) https://oneweb.net/resources/oneweb-streamlines-constellation accessed 20 March 2024.
  40. Andrew Jones, ‘China is developing plans for a 13,000-satellite megaconstellation’ (Space News, 21 April 2021) https://www.theverge.com/2021/11/23/22798630/china-satellite-megaconstellation-guowang accessed 20 March 2024.
  41. Acciarini and others (n 4).
  42. Ibid.
  43. Ibid.
  44. National Park Service, The Power of Night: Interpretive Handbook (NPS n.d) 24-26.
  45. Sergey Karpov and Julien Peloton, ‘Impact of satellite glints on the transient science on ZTF scale’ (2022) arXiv:2202.05719 [astro-ph.IM].
  46. Government Accountability Office, ‘Large Constellations of Satellites’ (GAO-22-105166, 2022).
  47. Ibid.
  48. Ibid.
  49. A van Cappellen and others, ‘Apertif: Phased Array Feeds for the Westerbork Synthesis Radio Telescope’ (2022) 658 A&A A146.
  50. Ibid.
  51. United Nations Department of Economic and Social Affairs Indigenous Peoples, ‘Climate Change and Indigenous Peoples’ (UN, n.d) https://www.un.org/development/desa/indigenouspeoples/climate-change.html accessed 20 March 2024.
  52. European Space Agency, ‘Position Paper On Space Debris Mitigation Implementing Zero Debris Creation Zones’ (ESA 2005); Zarook Shareefdeen and Hadeel Al-Najjar, ‘Pollution Effects and Management of Orbital Space Debris’ (2024) 9(5) ACS Omega 5127.
  53. Jarita C Holbrook and others, ‘Indigenous Astronomy Working Group’ (arXiv 2020) https://arxiv.org/pdf/2008.05266.pdf accessed 1 May 2024; GAO, n 47.
  54. Outer Space Treaty, Article 1.
  55. Convention on Registration of Objects Launched into Outer Space (adopted 12 November 1974, entered into force 15 September 1976) 1023 UNTS 15, art 4.
  56. United Nations Declaration on the Rights of Indigenous Peoples (adopted 13 September 2007) UNGA Res 61/295, arts 11-13.
  57. ibid art 19.
  58. International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171, art 27.
  59. Convention concerning Indigenous and Tribal Peoples in Independent Countries (ILO Convention No. 169, 1989) art 6.
  60. United Nations Office for Outer Space Affairs, ‘Guidelines for the Long-term Sustainability of Outer Space Activities of the Committee on the Peaceful Uses of Outer Space’ (UN COPUOS 2021) https://www.unoosa.org/documents/pdf/PromotingSpaceSustainability/Publication_Final_English_June2021.pdf accessed 25 March 2024.
  61. Inter-Agency Space Debris Coordination Committee, ‘IADC Protection Manual: Version 7.2’ (IADC September 2023) https://iadc-home.org/documents_public/file_down/id/5734 accessed 25 March 2024.
  62. For example, neither the 2010 Title 51; National Aeronautics and Space Administration, ‘ENACTMENT OF TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS’ in United States Code (Public Law 111-314, 124 Stat. 3328, enacted December 18, 2010) nor the 2015 Space Launch Competitiveness Act; U.S. Commercial Space Launch Competitiveness Act, Public Law 114-90, 114th Congress (November 25, 2015), mention or address the social impacts of commercial space activities.
  63. Michael Byers and Aaron Boley, Who Owns Outer Space?: International Law, Astrophysics, and the Sustainable Development of Space (Cambridge University Press, 2023) 99.
  64. See the Report of the Committee on the Peaceful Uses of Outer Space Sixty-sixth session (31 May–9 June 2023) A/78/20, [20 June 2023] at para 143 (a).
  65. See for example, Christopher J Newman, ‘Establishing an ecological ethical paradigm for space activity’ (2015) 2(4) ROOM, The Space Journal, 55.
  66. Warner (n 21); See also, Makweti Safari Lodge, ‘An African Moon’ (Makweti Safari Lodge, 4 September 2020) https://www.makweti.com/wildlife-at-makweti/an-african-moon/ accessed 25 March 2024.
  67. Warner (n 21); See also, Astronomical Society of South Africa (ASSA) ‘African Ethonoastronomy’ (n.d) https://assa.saao.ac.za/astronomy-in-south-africa/ethnoastronomy/ accessed 21 March 2024.
  68. Makweti Safari Lodge (n 67).
  69. Ibid.
  70. Warner (n 21).
  71. Snedegar (n 16).
  72. Ibid.
  73. Ciara Finnegan, ‘Indigenous Interests in Outer Space: Addressing the Conflict of Increasing Satellite Numbers with Indigenous Astronomy Practices’ (2022) 11(2) Laws 26.
  74. Alcock PG, Venus Rising: South African Astronomical Beliefs, Customs and Observations (P.G Alcock 2014) 11; Alan Barnard Anthropology and the Bushman (Berg 2007) 4; Jeremy Sarkin and Amelia Cook, ‘The Human Rights Of The San (Bushmen) Of Botswana – The Clash Of The Rights Of Indigenous Communities And Their Access To Water With The Rights Of The State To Environmental Conservation And Mineral Resource Exploitation’ (2010-2011) 20 Journal of Transnational Law and Policy 1, 6.
  75. Alcock, ibid, 11.
  76. Finnegan (n 74).
  77. Alcock (n 75) 259-285.
  78. Ibid.
  79. Ibid.
  80. Sarkin and Cook (n 75).
  81. Ibid.

Bibliography

• “How many satellites are orbiting the Earth in 2023?” Pixalitics 5 July 2023, https://www.pixalytics.com/satellites-orbiting-earth-2023/ accessed on 21 March 2024.
• A van Cappellen and others, ‘Apertif: Phased Array Feeds for the Westerbork Synthesis Radio Telescope’ (2022) 658 A&A A146.
• Abera Bekele Dinsa and others, ‘Indigenous knowledge of astronomical star positions and temporal patterns for seasonal weather forecasting: the case of Borana Oromo Pastoralists of Southern Ethiopia’ (2023) 12 F1000Research 2023 1.
• Alan Barnard Anthropology and the Bushman (Berg 2007).
• Alcock PG, Venus Rising: South African Astronomical Beliefs, Customs and Observations (P.G Alcock 2014).
• Andrew Jones, ‘China is developing plans for a 13,000-satellite megaconstellation’ (Space News, 21 April 2021) https://www.theverge.com/2021/11/23/22798630/china-satellite-megaconstellation-guowang accessed 20 March 2024.
• Anton Binneman and Corné Davis, ‘Star stories: using indigenous knowledge for stakeholder engagement’ (2020) 25 Communitas 1.
• Aparna Venkatesan and others, ‘The impact of satellite constellations on space as an ancestral global commons’ (2020) 4 Nature Astronomy 1043.
• Astronomical Society of South Africa (ASSA) ‘African Ethonoastronomy’ (n.d) https://assa.saao.ac.za/astronomy-in-south-africa/ethnoastronomy/ accessed 21 March 2024.
• Brian Warner, ‘Traditional astronomical knowledge in Africa’ In Walker C. (ed) Astronomy Before the Telescope (British Museum Press 1996).
• Christopher J Newman, ‘Establishing an ecological ethical paradigm for space activity’ (2015) 2(4) ROOM, The Space Journal, 55.
• Ciara Finnegan, ‘Indigenous Interests in Outer Space: Addressing the Conflict of Increasing Satellite Numbers with Indigenous Astronomy Practices’ (2022) 11 (2) Laws 26.
• Ciara Finnegan, ‘Indigenous Interests in Outer Space: Addressing the Conflict of Increasing Satellite Numbers with Indigenous Astronomy Practices’ (2022) 11(2) Laws 26.
• Convention Concerning Indigenous and Tribal Peoples in Independent Countries (ILO Convention No. 169, 1989).
• Convention on Registration of Objects Launched into Outer Space (adopted 12 November 1974, entered into force 15 September 1976) 1023 UNTS 15.
• Duane Willis Hamacher, ‘On the Astronomical Knowledge and Traditions of Aboriginal Australians’ (DPhil thesis, Macquarie University 2011).
• Duane Willis Hamacher, Krystal de Napoli and Bon Mott, ‘Whitening the Sky: light pollution as a form of cultural genocide’ (2020) 1 Journal of Dark Sky Studies accessed at https://arxiv.org/pdf/2001.11527.pdf on 1 March 2024.
• European Space Agency, ‘Position Paper On Space Debris Mitigation Implementing Zero Debris Creation Zones’ (ESA 2005).
• Federal Communications Commission, ‘FCC Authorizes Amazon to Provide Broadband Service with Project Kuiper Satellite Constellation’ (FCC, 30 July 2020) https://www.fcc.gov/document/fcc-authorizes-kuiper-satellite-constellation accessed 20 March 2024.
• Giacomo Acciarini and others, ‘Observation Strategies And Mega constellations Impact On Current Leo Population’ (Proceedings of the 2nd NEO and Debris Detection Conference, Darmstadt, January 2023).
• Government Accountability Office, ‘Large Constellations of Satellites’ (GAO-22-105166, 2022).
• Inter-Agency Space Debris Coordination Committee, ‘IADC Protection Manual: Version 7.2’ (IADC September 2023) https://iadc-home.org/documents_public/file_down/id/5734 accessed 25 March 2024.
• International Astronomical Union (IAU), Dark and Quiet Skies II for Science and Society (International Astronomical Union Dark & Quiet Skies II Scientific Organizing Committee (SOC) and the Working Group (WG) Report 2022).
• International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171.
• International Labour Organization, ‘Indigenous and Tribal Peoples Convention’ (ILO Convention No 169, 1989).
• Jarita C Holbrook and others, ‘Indigenous Astronomy Working Group’ (arXiv 2020) https://arxiv.org/pdf/2008.05266.pdf accessed 1 May 2024.
• Jeremy Sarkin and Amelia Cook, ‘The Human Rights Of The San (Bushmen) Of Botswana – The Clash Of The Rights Of Indigenous Communities And Their Access To Water With The Rights Of The State To Environmental Conservation And Mineral Resource Exploitation’ (2010-2011) 20 Journal of Transnational Law and Policy 1.
• José Barrios García, ‘Mathematics and Astronomies of the Ancient Berbers’ In Helaine Selin (ed) Encyclopaedia of the History of Science, Technology, and Medicine in Non-Western Cultures (Springer 2014).
• Keith Snedegar, ‘Astronomy in Sub-Saharan Africa’ In Helaine Selin (ed) Encyclopaedia of the History of Science, Technology, and Medicine in Non-Western Cultures (Springer 2008).
• Keith Snedegar, ‘Astronomical Practices in Africa South of the Sahara’ in Helaine Selin (ed), Astronomy Across Cultures: The History of Non-Western Science (Springer 2000).
• Makweti Safari Lodge, ‘An African Moon’ (Makweti Safari Lodge, 4 September 2020) https://www.makweti.com/wildlife-at-makweti/an-african-moon/ accessed 25 March 2024.
• Michael Byers and Aaron Boley, Who Owns Outer Space?: International Law, Astrophysics, and the Sustainable Development of Space (Cambridge University Press 2023).
• Motheo Koitsiwe, ‘African indigenous astronomy of Batswana in Botswana and South Africa’ (DPhil thesis, North-West University 2019).
• National Aeronautics and Space Administration, ‘Enactment Of Title 51—National And Commercial Space Programs’ in United States Code (Public Law 111-314, 124 Stat. 3328, enacted December 18, 2010).
• National Park Service, The Power of Night: Interpretive Handbook (NPS n.d).
• OneWeb, ‘OneWeb Streamlines Constellation’ (OneWeb, 13 January 2021) https://oneweb.net/resources/oneweb-streamlines-constellation accessed 20 March 2024.
• Report of the Committee on the Peaceful Uses of Outer Space Sixty-sixth session (31 May–9 June 2023) A/78/20, [20 June 2023].
• Rhodia Mann ‘The Samburu: Some Speculations as to Origins’ (2002) Kenya Past and Present 11.
• Sergey Karpov and Julien Peloton, ‘Impact of satellite glints on the transient science on ZTF scale’ (2022) arXiv:2202.05719 [astro-ph.IM].
• Tanja Masson-Zwaan, ‘Private Law Aspects of Suborbital Flights: Second- and Third-Party Liability and Insurance’ (2022) 87(3) Journal of Air Law and Commerce 413.
• Thebe Rodney Medupe, ‘Indigenous Astronomy in Southern Africa’ In Ruggles, C. (ed) Handbook of Archaeoastronomy and Ethnoastronomy (Springer 2015).
• Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (Outer Space Treaty) (opened for signature 27 January 1967, entered into force 10 October 1967) 610 UNTS 205.
• U.S. Commercial Space Launch Competitiveness Act, Public Law 114-90, 114th Congress (November 25, 2015).
• Union of Concerned Scientists, ‘2022 Satellite Database’ (UCS, 2022) https://www.ucsusa.org/resources/satellite-database accessed 20 March 2024.
• United Nations Declaration on the Rights of Indigenous Peoples (adopted 13 September 2007) UNGA Res 61/295.
• United Nations Department of Economic and Social Affairs Indigenous Peoples, ‘Climate Change and Indigenous Peoples’ (UN, n.d) https://www.un.org/development/desa/indigenouspeoples/climate-change.html accessed 20 March 2024.
• United Nations Office for Outer Space Affairs, ‘Guidelines for the Long-term Sustainability of Outer Space Activities of the Committee on the Peaceful Uses of Outer Space’ (UN COPUOS 2021) https://www.unoosa.org/documents/pdf/PromotingSpaceSustainability/Publication_Final_English_June2021.pdf accessed 25 March 2024.
• United Nations Permanent Forum on Indigenous Issues, ‘Indigenous Peoples and the Environment’ (UN, 2023) https://www.un.org/development/desa/indigenouspeoples/climate-change.html accessed 2 March 2024.
• United Nations, ‘United Nations Declaration on the Rights of Indigenous Peoples’ (UN 2007) United Nations General Assembly Resolution 61/295 Resolution adopted by the General Assembly on 13 September 2007 [without reference to a Main Committee (A/61/L.67 and Add.1)].
• Yali Katz and Noam Levin, ‘Quantifying urban light pollution- A comparison between field measurement and EROS-B imagery’ (2016) 177 Remote Sensing of Environment 65.
• Zarook Shareefdeen and Hadeel Al-Najjar, ‘Pollution Effects and Management of Orbital Space Debris’ (2024) 9(5) ACS Omega 5127.