Civil Rights | Significant
Believing space to be the final frontier, worthy of exploration and use;
Concerned that zealous colonization may inadvertently lead to the theft of an undiscovered sapient species' future;
Enforcing strong protections to guard against that horrific error;
The World Assembly enacts the following:
- Definitions
- An “extraterrestrial body” is any planet, satellite, or similar astronomical mass.
- A “native sapient species” is any species identified as sapient that originates on the extraterrestrial body in question, regardless of technological or social development.
- An “extraterrestrial body” is any planet, satellite, or similar astronomical mass.
- Member Rights and Duties
- Member states have the right to exploit extraterrestrial bodies under their exclusive national control, either by being the first to claim and control or as bona fide titleholder as conferred by a prior holder of right, and without native sapient species.
- Member states have the right to issue charters, exclusive or otherwise, to non-state entities to exploit the body. Charterholders are bound by the same duties of member states imposed by this resolution.
- Member states have the duty to survey, with great diligence, bodies subject to exploitation for native sapient species throughout their possession.
- Member states have the duty to observe and enforce all applicable environmental resolutions and international regulations.
- Member states and holders of charters must register all new and transferred charters with the World Assembly Compliance Commission.
- Member states have the right to exploit extraterrestrial bodies under their exclusive national control, either by being the first to claim and control or as bona fide titleholder as conferred by a prior holder of right, and without native sapient species.
- Exosapient Species Protection and Enforcement Division
- The World Assembly establishes the Exosapient Species Protection and Enforcement Division (ESPED) and empowers it with the necessary and proper authority to promulgate and enforce the requirements within this resolution, including:
- The authority to issue final determinations on the sapience of species subjected to a Suspected Sapience Report (SSR), per World Assembly law, and to promulgate regulations and guidance on such determinations, subject to review by the WACC solely on procedural grounds; and
- The authority to enforce any environmental regulations established by the World Assembly on extraterrestrial bodies.
- The authority to issue final determinations on the sapience of species subjected to a Suspected Sapience Report (SSR), per World Assembly law, and to promulgate regulations and guidance on such determinations, subject to review by the WACC solely on procedural grounds; and
- The World Assembly establishes the Exosapient Species Protection and Enforcement Division (ESPED) and empowers it with the necessary and proper authority to promulgate and enforce the requirements within this resolution, including:
- Suspected Sapience Procedure
- Member states must file an SSR to ESPED following a court directive following an inquiry report or upon credible evidence that a native species is sapient.
- Member states must empower their courts to hold preliminary hearings on all available data to decide if the evidence available supports an SSR filing. Such hearings may have three outcomes:
- A recommendation to file, at which time the authority must file an SSR within two weeks and are enjoined from all resource exploitation during that time;
- A recommendation against filing;
- A recommendation for additional study, at which time member states may continue exploitation, holding 10% of all gross revenue from said exploitation in escrow, to be paid into a Sapience Trust or returned after six months, before which the court will hold an additional hearing to determine whether the additional evidence merits filing an SSR.
- A recommendation to file, at which time the authority must file an SSR within two weeks and are enjoined from all resource exploitation during that time;
- Upon filing an SSR, member states must immediately cease all exploitation during ESPED investigations of sapience until a final determination is made. Member states may, prior to a final determination, petition ESPED for a variance for the sole purpose of remediating or removing infrastructure and personnel to comply with the cessation.
- Upon a filing an SSR, member states must immediately:
- Appoint and maintain an experienced, independent Special Master to manage the Sapience Trust and serve as fiduciary and guardian ad litem for the exclusive benefit of the native sapient species;
- Remove all nonnative, moveable property from the body under their jurisdiction;
- Transfer all title to the body and its resources, including all immovable property left behind, to a trust, to be managed for the benefit of the sapient natives until such time as ESPED and the Special Master determines the species is sufficiently advanced to assume direct control;
- Immediately liquidate any extracted resources not already sold to a bona fide purchaser for value without notice of enforcement proceedings and prior to the filing of an SSR or inquiry report, and transfer the proceeds to the Sapience Trust, to be managed by the Special Master.
- Appoint and maintain an experienced, independent Special Master to manage the Sapience Trust and serve as fiduciary and guardian ad litem for the exclusive benefit of the native sapient species;
- Following an ESPED final determination of sapience, member states must not allow any entity to initiate contact with the native sapient species for at least twenty years unless waived by the ESPED and the Special Master.
- Following an ESPED final determination of non-sapience, all property and rights will revert to its pre-SSR filing state.
- Member states must file an SSR to ESPED following a court directive following an inquiry report or upon credible evidence that a native species is sapient.
- Enforcement
- Member states must create a government entity tasked with oversight over all bodies controlled by the nation or its charter holders to ensure compliance, and with the standing to represent suspected native sapient species in any court if and until a Special Master is appointed.
- Any bad faith delay or obstruction to the requirements set out herein is an egregious violation of World Assembly law.
- Member states must create a government entity tasked with oversight over all bodies controlled by the nation or its charter holders to ensure compliance, and with the standing to represent suspected native sapient species in any court if and until a Special Master is appointed.