When NASA attempted to return to the Moon for the first time in 50 years on January 8, the consequences went beyond the loss of US$108 million worth of development and equipment. The Native American Navajo people expressed their opposition to the launch due to an unexpected inclusion in the payload – human ashes. The Peregrine lander, developed by US company Astrobotic, carried not only scientific instruments but also “vanity canisters” containing the remains of individuals, including renowned science fiction author Arthur C. Clarke. This controversial move raises important ethical and legal questions as space exploration becomes increasingly privatized and commercialized.
Astrobotic’s Peregrine lander, about the size of a small car, encountered fuel issues shortly after launch and was unable to complete its mission. However, the inclusion of personal mementos on the spacecraft was part of a collaborative partnership between Astrobotic and global freight company DHL. Under this agreement, anyone could send a small package to the lunar surface for less than US$500. While there were certain limitations on the contents of these packages, the concept of sending personal items to the Moon is relatively new and raises important ethical considerations.
The practice of sending ashes into space is not entirely unprecedented. Two American companies, Celestis and Elysium Space, offer services to send human remains on suborbital and Earth orbital flights for a few thousand dollars. This service has been embraced by many, including astronauts who have themselves traveled in space. However, a lunar burial, which is also available for purchase, comes with a higher price tag of around US$13,000. Commercial payloads launched from the United States must receive approval, but this process primarily focuses on safety, national security, and foreign policy rather than ethical concerns.
One of the key challenges in sending personal items to the Moon lies in the gaps between commercial enterprise and international space law. NASA claimed to have no control over the contents of the Peregrine lander, highlighting the need for improved regulation. While the Outer Space Treaty (OST) proclaims space as the “province of all mankind” and prohibits national appropriation, it fails to address the actions of private companies and individuals. The recent Artemis Accords, signed by 32 nations, do offer certain protections for lunar sites of historical significance, but these protections only apply to governments and not commercial missions. In the absence of clear regulations, questions arise regarding the ownership and proper handling of human ashes in space.
The legal landscape concerning space activities varies from country to country. Some nations, such as Germany, have specific laws requiring the burial of ashes in cemeteries. However, with the increasing privatization of space, it becomes essential to revisit and expand these regulations. Countries like Indonesia and New Zealand already have laws enabling them to refuse payload items that do not align with national interests. Meanwhile, nations like Australia and the United States may need to consider adopting similar measures to ensure ethical standards in space exploration.
As humans continue to venture into space, Earth’s orbit and other celestial bodies become littered with various objects. Defunct satellites and even a Tesla car have already been left in space. While space archaeologist Alice Gorman suggests that some objects may hold historical significance, such as the official mementos left by Apollo astronauts on the Moon, the question arises as to what qualifies as culturally and historically important. Clippings of hair or the ashes of a pet may not meet this threshold. Consequently, it becomes crucial to establish clear guidelines for what should and should not be allowed on future space missions.
The failed mission of the Peregrine lander and its controversial cargo highlight the urgent need for a well-defined legal and ethical framework to support commercial space activities. As private enterprises continue to drive innovation and exploration beyond Earth, it is crucial to address the ethical implications of these advancements. In addition to concerns surrounding personal items, questions about mining asteroids and the eventual colonization of space demand careful consideration. While the potential benefits of commercializing space exploration are significant, it is equally important to navigate these new frontiers responsibly. As humanity steps out into the cosmos, a clear line must be drawn to ensure the preservation of the integrity and ethical principles of space exploration.
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