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The principle of cooperation and mutual assistance (para 5.1) found in the
ICoC is also reinforced by including measures on Space Operation and Space
Debris Mitigation (para 4), like the establishment and implementation of
policies and procedures to minimise the risk of accidents in space, collisions
between space objects and any form of harmful interference with another
state's peaceful exploration, and use of outer space.
Latin American Position on the Threat of Space
Debris
Latin American countries have traditionally expressed their support for space
debris mitigation, especially since they recognise debris as the biggest threat
to space activities today. They understood that debris can be created in
intentional and non-intentional manner and that none of the region's
members can be classified as wrongdoers. They believe that responsibility for
existing space debris should be allocated without imposing an undue burden
on emerging space actors. Along with the equitable access to space resource,
security threat posed by space debris constitutes one of the main concerns
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for many countries of the region. The recent experience of an Ecuadorian
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satellite demonstrated the danger posed by space debris. As expressed by
Ecuador in UNIDIR's seminar, “as evidence in the case of Pegasus, space
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debris is an important threat even for small, inexpensive satellites.” As
mentioned in different fora, the region gives special consideration to space
situational awareness reinforcement in order to reduce risk of collision of
assets with each other and with space debris.
In this regard, if the
EU intends for the
ICoC to be
transformed from a
regional initiative to a
universal and
legitimate instrument,
- even as a voluntary
one - the articulation
within the UN seems
indispensable.
However, one of the main concerns of the region is that the ICoC does not
strive to prohibit or even limit kinetic anti-satellite (ASAT) tests. The
instrument aims at limiting the effect of ASAT tests but no more.
Additionally, it does not refine the concept of peaceful purposes. Some of
the countries of the region therefore have reservations regarding the draft's
reference to the inherent right to individual and collective self-defence, which
are seen as “unacceptable encroachment on established principles of the use
of outer space for peaceful purposes.” This objection was removed from the
preamble, but was retained in part 2, General Principles.
The position of the Latin American countries will largely depend on how the
consultation process will continue, and if they will include other nations like
Colombia, Peru or Ecuador and not just the regional big players like Brazil
Accommodation of Competing Interests: A Latin American Perspective | www.orfonline.org 189