Kenya’s CLIMCAM Satellite: A Legal Case Study on International Cooperation, Benefits-Sharing, and the Peaceful Use of Outer Space – Part 3

Three-part article series

Areas

  • Kenya’s CLIMCAM Satellite: A Legal Case Study on International
  • Cooperation, Benefits-Sharing
  • and the Peaceful Use of Outer Space – Part 3

Overview

ClimCAM highlights Africa’s growing role in space through international cooperation, Earth Observation data, and the pursuit of greater data sovereignty to support sustainable development.

In the second installment of the article series we examined the concepts of benefits sharing through the lens of the Outer Space Treaty provisions. Recalling the recent launch of the joint collaborative mission between Kenya, Uganda and Egypt, the discussion was framed around the case study of what the concept of international cooperation and benefits sharing looks like in the African context. It should also be noted that the term “benefits” has yet to be explicitly defined, however, what constitutes a benefit, and what this article will reveal, is that the definition is based primarily on the particular space segment which an actor seeks to utilise.

The earlier part of the series briefly introduced the notion that African states have approached space exploration as a capacity-building tool, relying on especially Earth Observation (EO) data products and services to help solve some of the continent's developmental challenges. Using the ClimCAM satellite launch as a case study, the discussion demonstrated how African states are interpreting the notion of “benefit” to signify access to data, information, as well as the practical applications derived from Earth Observation technologies.What ensues is a closer discussion on what data sovereignty means for Africa. The follow up question then is: if the data is the benefit, who should own, control and govern it?

Introduction

The hypothesis of this article is that while Article 1 provides a right to freely use and explore space, emerging nations are increasingly relying on its data provision capabilities to advance national agendas. To this, one can have regard to the prevailing legal frameworks that govern the activities of African States, for clear examples. The vision for an united African space program was established on the 31st of January, 2016 in Addis Ababa, marking a distinct governance shift within the Union. Mirroring the broader principles of the Agenda 2063, it sought to integrate the collective ambitions of the 55 member states. The African Outer Space Programme has four priority areas namely: Earth Observation, Navigation & Positioning, Satellite Communication & Connectivity, and Space Science & Astronomy.

Following shortly after this development, the African Space Policy and Strategy was established by the African Union, also in 2016. These policy documents were initially tabled in 2012 to work on these frameworks, and consisted of experts within the policy-making field. The policies were prompted following the realization that Africa has vast agricultural, natural and water resources which require management. Pursuant to this, the aspirations of all citizens, and especially women, the youth, and children to live in freedom from fear, disease and lack rings pertinent as well. As already allied to, the Policy and Strategy were shaped on the backbone of the broader pillars of Agenda 2063, which hinges on strategic and economic indicators, some of which include, in addition to those already mentioned, access to energy, the blue economy, and digital infrastructure.

The Importance of Space Science & Technology for Africa

The world needs data for data driven decision making, and organisational leaders especially can tap into data, extract value from it, and make decisions to improve the lives of those they serve. The world economy is leaning more into global supply chains which in itself will also need to be transformed over time. Machine Learning (ML) and automated processes that can anticipate demand and supply changes and work around them.

Big data has the potential to drive economic growth and development in Africa by providing insights to enhance customer experience, lead innovative product and service development, and generate actionable knowledge.  Big data can help African businesses operate more efficiently, extend their reach into different markets, or scale their businesses. Big data analytics promises to deliver improved operational efficiency, drive new revenue streams, ensure competitive advantage, and facilitate innovation, and can thus add business value to companies.

In addition, big data can be used to address some of the most pressing challenges facing Africa, such as healthcare, agriculture, education, and energy.  By way of further example, big data can be used to improve the accuracy of flood predictions in Malawi, help the South African government better map the locations of informal settlements, and allow insurance firms to offer tailored services by anticipating the churn rate of customers. Overall, the combination of big data and space applications has the potential to transform Africa’s economy and society by providing insights that can help businesses grow, improve public services, and address some of the most pressing challenges facing the continent.

Data sovereignty in Africa

As contentious as it may sound, the reality is that Africa’s data sovereignty is fragmented across regional, institutional and private sector lines. Virtually all the programmes of the AU Outer Space Program were initiated and/or funded by the European Union (EU). This includes the Global Monitoring for Environment and Security and Africa (GMES and Africa), Satnav Africa, ClimSA and the upcoming Infrastructure for Resilience, Interconnectivity and Security by Satellite (IRIS2). There are other continental programmes that are not directly under the purview of the AU such as SERVIR, Digital Earth Africa, Regional African Satellite Communication Organisation (RASCOM), Automated Navigation for Africa (ANGA) and the Square Kilometre Array (SKA).

The above examples show us that progress is being made on the continent, however data sovereignty remains a developing concept. The discussion is less about ownership of the data and more about the degree to which African states are able to generate, govern, process and apply strategic information through indigenous capabilities. From this perspective, data sovereignty represents a gradual transition from dependence on external information ecosystems towards greater participation in their management and utilisation.

Conclusion

The ClimCAm satellite launch has offered a practical lens through which we have examined the continuing relevance of the Outer Space Treaty even for emerging states. The benefit’s sharing principle, as provided in Article 1, centered our discussion around the principle of international cooperation, through the continued ability for all states to be able to access space, for peaceful purposes. For the African purpose, access to space depends on the ability to use the global commons for the advancement of the SDGs. This further raises questions on whether the available infrastructure is completely characteristic of the indigenous capability and potential the burgeoning continent has. It’s safe to say the case study throughout this series is a milestone achievement in showing that Africa is capable of contributing to the global space narrative, and using space for the benefit of its humanity.