Difference between revisions of "Lunar Bill of Rights"

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==A Bill of Rights for Lunar Settlers==
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All the people who live on the Moon will need a clear statement of their rights as lunar citizens. This is particularly important in view of the many bad visions of space settlement that have so far been presented to the public, for example in "The Moon is a Harsh Mistress" and "Outland".
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<font size=5> A Bill of Rights for Lunar Settlers </font>
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All the people who live on the Moon will need a clear statement of their rights as lunar citizens. This is particularly important in view of the many bad visions of space settlement that have so far been presented to the public, for example in "The Moon is a Harsh Mistress" and "Outland".  
  
  
===A Charter===
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==A Charter==  
  
A bill of rights must be a key part of any settlement's charter. The present expectation is that the charter possibilities for the Moon will be based on the current international treaties for Antarctica.
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A bill of rights must be a key part of any settlement's charter. The present expectation is that the charter for the Moon will be based on the current international treaties for Antarctica.  
  
It follows that, like Antarctica, all settlements must be under the auspices of a sovereign country that is a signature to the treaty. The United States will be able to establish a settlement but a company could not. Companies could then operate under the United States charter.
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It follows that, like Antarctica, all settlements must be under the auspices of a sovereign country that is a signatory to the treaty. The United States will be able to establish a settlement but a private company could not do so directly. Companies could operate under the United States charter.  
  
It is therefore reasonable to start with the American Bill of Rights to develop a Lunar Bill of Rights.
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It is therefore reasonable to start with the American Bill of Rights to develop a Lunar Bill of Rights.  
  
  
====Flag of Convenience====
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===Flag of Convenience===  
  
It is quite possible that once the research work is well advanced and lunar mining becomes a viable commercial venture, we may see lunar settlements under flags of convenience. Small countries, with no space capability of their own, may serve as cover for international corporations. We could see a lunar settlement under the Panamanian Flag. This is a common practice for ships. The country would receive fees and taxes. The corporation would receive legitimacy, low taxes, and firm control of the operation.
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It is quite possible that once the research work is well advanced and lunar mining becomes a viable commercial venture, we may see lunar settlements under flags of convenience. Small countries, with no space capability of their own, may serve as cover for international corporations. We could see a lunar settlement under the Panamanian Flag. This is a common practice for ships. The country would receive fees and taxes. The corporation would receive legitimacy, low taxes, and firm control of the operation. Also in the event of a catastrophe, the company liability will be limited strictly to its lunar resources.  
  
 
This is another reason we need to establish the Lunar Bill of Rights early.
 
This is another reason we need to establish the Lunar Bill of Rights early.
  
===Articles===
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==Articles==  
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Following the American Bill of Rights, here are a few suggestions for a Lunar Bill of Rights:
  
Following the American Bill of Rights, here are a few suggestions for a Lunar Bill of Rights:
 
  
====Freedom of Religion, Speech, and the Right to petition====
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===Freedom of Religion, Speech, and the Right to petition===  
  
'''Relligion'''
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====Religion====
  
Having a right to religion, or no religion, will help insure diversity in the population. The mining operations needs to a 24 hour / 365 day operation. Different people observing different Sabbaths and holidays will complicate work scheduling. In some ways it may help if people cover each others off time needs in a team effort.
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Having a right to religion, or to no religion, will help insure diversity in the lunar population. The mining operations needs to be a 24 hour / 365 day operation. Different people observing different Sabbaths and holidays will complicate work scheduling. In some ways it may help if people cover each others off time needs in a team effort.  
  
'''Speech'''
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====Speech====
  
Freedom of speech is likely to be mostly about free, bidirectional communication with Earth. If the government or the Company can control this then they can spin problems any way they want. One possibility is to have a Ham radio link back to Earth that is the strict properity of the citizens.
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Freedom of speech is likely to be mostly about free, bidirectional communication with Earth. If the government or the company can control that then they can spin problems any way they want. One possibility is to have Ham radio links back to Earth that are the strict property of the citizens.  
  
'''Assembly'''
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====Assembly====
  
Meeting rooms are likely to be very few and far between and the security system will be automatically monitoring all such places. Priviacy for a meeting may be a serious problem.
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Meeting rooms are likely to be very few and far between on the Moon and the security system will be automatically monitoring all such places. Privacy for a meeting may be a serious problem.  
  
The right to assemble peaceably will certainly include the right to organize a union, although the right to strike may be severely restricted, as it is with government employees.
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The right to assemble peaceably will certainly include the right to organize a union, although the right to strike may be severely restricted, as it now is with government employees.
  
====Right to bear and keep arms====
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===Right to bear and keep arms===  
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<sub>See [[Weapons]]</sub>
  
Guns fire in space.  If anything the lack of air in the barrel helps the bullet on its way. If they did not, the rockets would not burn either. No phasers or laser rifles are needed.  Explosives will also be needed for industral activities and construction. All guns and explosives are extremely dangerous in a space settlement.
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The lunar culture might be very different from anything we had on Earth. Therefore, weapons might be banned on the moon. As the population increases and gets less heavily controlled and pre-selected, the more the problematic aspects of nature might become unavoidable. When this happens, '''weapons might become necessary''' to give people power to prevent a tyrannic government, defend private property, enforce law, etc.
  
That said, this article is about insuring that the people retain enough power to insure that the government or company cannot act with tyranny.
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Several romantic views of the Lunar settlement forecast a Chief Security Officer like a Sheriff (See [[People on the Moon]]) and military trained selenites. This security officer would retain all guns and explosive in a locked facility. A number of other workers would voluntarily under go training and serve as first responders in emergencies supporting the Sheriff. The Posse members, and they alone, would be licensed to carry guns and then only under the direct control of the Sheriff.
  
There will certainly be a Chief Security Officer (see Sheriff in [[People on the Moon]]) and many of the people on the Moon will have had military training.  This suggests that the concept of well regulated militia from the original article be retained in the version used in several Western states, that of the Sheriff's Posse.  The Sheriff would retain all guns and explosive in a locked facility.  A number of other workers would voluntarily under go training and serve as first responders in emergencies.  The Posse members, and they alone, would be licensed to carry guns and then only under the direct control of the Sheriff.
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===Unreasonable searches and seizures===
  
====Unreasonable searches and seizures====
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If the government or company owns all the buildings, and the computer equipment, and all the means of productions, what do you own?
  
If the government or Company owns all the buildings, and the computer equipment, and all the means of productions, what do you own?
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It is clear that people have a reasonable expectation of privacy in their own room no mater who owns the building. They certainly would have an expectation of privacy for electronic files on a device that you carry on your person (like your Personal in What [[People Carry]]). The problem will come in areas were you share information with others on company computers and need public facilities for private purposes. These rules need to be very clearly worked out.
  
It is clear that people have a reasonable expectation of privacy in their own room no mater who owns the building.  They certainly would have an expectation of privacy for electronic files on a device (like your Personal in What [[People Carry]]) that you carry on your person.  The problem will come in areas were you share information and materials with othersThese rules need to be very clear.
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The owning of property can also be a problem given the extreme high cost of bringing anything from Earth. Will paying the cost of transport from Earth define ownership? Will the settlers be entitled to periodic small personal shipments at company expense?
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A successful lunar colony will produce building materials locallyBuildings built by colonists in their own time with locally produced materials purchased on Luna from one of a number of companies and built on land assigned to the colonists for their own use would be their own property under sponsorship from one of the colonizing nationsProperty taxes could apply.
  
The owning of property can also be a problem given the extreme high cost of bring anything from Earth.  Will transport from Earth define ownership.  Will the settlers be entitled to small personal shipments at company expense?
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===Right to a fair trial===
  
====Right to a fair trial====
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Several of the of the articles deal with a right to a fair trial. We will need to establish rules for jurisdiction in legal maters. Almost certainly this will define the settler's relationship to specific Earth courts. The flag the settlement flies may be important here.
  
Several of the of the articles deal with a right to a fair trial.  We will need to establish rules for jurisdiction in legal maters.  Almost certainly this will define the settler's relationship to specific Earth courts.  The flag the settlement flies maybe important here.
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===Right to Transportation to Earth===
  
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This right would limit the pressure that an employer could put on an employee, and allow for a way to deal with trouble makers.  The trip Earthside could be enforced for cause.  An employee on Luna would need to be worth a round trip ticket to be hired in the first place.  This right would eventually be extinguished when a good fraction of all people live in space. 
  
====Rights not Covered====
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===Rights not Covered===  
  
All rights not specifically given to other entities belong to the people of the Moon.
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All rights not specifically given to other specific entities are reserved to the people of the Moon.  
  
  
 
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Please add your thoughts to the discussion tab of this article.
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==UN Universal Declaration of Human Rights==
  
Return to [[Purposes List]].
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Alternatively the lunar Bill of Rights could be based on the [http://www.un.org/Overview/rights.html United Nations Universal Declaration of Human Rights].  The 30 articles in this document are much more general and basic.
  
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Please add your thoughts to the discussion tab of this article.
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Return to [[Purposes List]].
 +
 
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[[Category:Law]]
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[[Category:Law]]  
[[Category:Purposes]]
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[[Category:Purposes]]  
 
[[Category:History]]
 
[[Category:History]]
 
[[Category:Business]]
 
[[Category:Business]]

Latest revision as of 18:37, 5 September 2013

This article is a topic of debate.
Please feel free to jump in with a constructive contribution.



A Bill of Rights for Lunar Settlers


All the people who live on the Moon will need a clear statement of their rights as lunar citizens. This is particularly important in view of the many bad visions of space settlement that have so far been presented to the public, for example in "The Moon is a Harsh Mistress" and "Outland".


A Charter

A bill of rights must be a key part of any settlement's charter. The present expectation is that the charter for the Moon will be based on the current international treaties for Antarctica.

It follows that, like Antarctica, all settlements must be under the auspices of a sovereign country that is a signatory to the treaty. The United States will be able to establish a settlement but a private company could not do so directly. Companies could operate under the United States charter.

It is therefore reasonable to start with the American Bill of Rights to develop a Lunar Bill of Rights.


Flag of Convenience

It is quite possible that once the research work is well advanced and lunar mining becomes a viable commercial venture, we may see lunar settlements under flags of convenience. Small countries, with no space capability of their own, may serve as cover for international corporations. We could see a lunar settlement under the Panamanian Flag. This is a common practice for ships. The country would receive fees and taxes. The corporation would receive legitimacy, low taxes, and firm control of the operation. Also in the event of a catastrophe, the company liability will be limited strictly to its lunar resources.

This is another reason we need to establish the Lunar Bill of Rights early.

Articles

Following the American Bill of Rights, here are a few suggestions for a Lunar Bill of Rights:


Freedom of Religion, Speech, and the Right to petition

Religion

Having a right to religion, or to no religion, will help insure diversity in the lunar population. The mining operations needs to be a 24 hour / 365 day operation. Different people observing different Sabbaths and holidays will complicate work scheduling. In some ways it may help if people cover each others off time needs in a team effort.

Speech

Freedom of speech is likely to be mostly about free, bidirectional communication with Earth. If the government or the company can control that then they can spin problems any way they want. One possibility is to have Ham radio links back to Earth that are the strict property of the citizens.

Assembly

Meeting rooms are likely to be very few and far between on the Moon and the security system will be automatically monitoring all such places. Privacy for a meeting may be a serious problem.

The right to assemble peaceably will certainly include the right to organize a union, although the right to strike may be severely restricted, as it now is with government employees.

Right to bear and keep arms

See Weapons

The lunar culture might be very different from anything we had on Earth. Therefore, weapons might be banned on the moon. As the population increases and gets less heavily controlled and pre-selected, the more the problematic aspects of nature might become unavoidable. When this happens, weapons might become necessary to give people power to prevent a tyrannic government, defend private property, enforce law, etc.

Several romantic views of the Lunar settlement forecast a Chief Security Officer like a Sheriff (See People on the Moon) and military trained selenites. This security officer would retain all guns and explosive in a locked facility. A number of other workers would voluntarily under go training and serve as first responders in emergencies supporting the Sheriff. The Posse members, and they alone, would be licensed to carry guns and then only under the direct control of the Sheriff.

Unreasonable searches and seizures

If the government or company owns all the buildings, and the computer equipment, and all the means of productions, what do you own?

It is clear that people have a reasonable expectation of privacy in their own room no mater who owns the building. They certainly would have an expectation of privacy for electronic files on a device that you carry on your person (like your Personal in What People Carry). The problem will come in areas were you share information with others on company computers and need public facilities for private purposes. These rules need to be very clearly worked out.

The owning of property can also be a problem given the extreme high cost of bringing anything from Earth. Will paying the cost of transport from Earth define ownership? Will the settlers be entitled to periodic small personal shipments at company expense?

A successful lunar colony will produce building materials locally. Buildings built by colonists in their own time with locally produced materials purchased on Luna from one of a number of companies and built on land assigned to the colonists for their own use would be their own property under sponsorship from one of the colonizing nations. Property taxes could apply.

Right to a fair trial

Several of the of the articles deal with a right to a fair trial. We will need to establish rules for jurisdiction in legal maters. Almost certainly this will define the settler's relationship to specific Earth courts. The flag the settlement flies may be important here.

Right to Transportation to Earth

This right would limit the pressure that an employer could put on an employee, and allow for a way to deal with trouble makers. The trip Earthside could be enforced for cause. An employee on Luna would need to be worth a round trip ticket to be hired in the first place. This right would eventually be extinguished when a good fraction of all people live in space.

Rights not Covered

All rights not specifically given to other specific entities are reserved to the people of the Moon.



UN Universal Declaration of Human Rights

Alternatively the lunar Bill of Rights could be based on the United Nations Universal Declaration of Human Rights. The 30 articles in this document are much more general and basic.


Please add your thoughts to the discussion tab of this article.

Return to Purposes List.