African Space Council – A Unique Role in African Space Governance

Introduction

The governance of the African Space Agency (AfSA) is important in the continent’s space ecosystem. Its comprehensive framework can only be fully understood by considering the spirit, context, and objectives that drive space activities and policies across Africa. The African Space Agency Statute, adopted in 2018, was the culmination of a two-year effort by the African Space Working Group, a team of more than 30 African experts. Through meticulous analysis of global space governance models, this working group devised a governance structure tailored to the African Union’s (AU) aspirations in space, ensuring that AfSA is equipped to advance space science, technology, and diplomacy on the continent.

Contextual Analysis Supporting the Governance of the African Space Agency as Embedded in the Statute

In constructing the Statute, the African Space Working Group examined various global space governance models, with particular focus on two exemplary structures that shaped the eventual framework for AfSA:

1. The China National Space Administration (CNSA)

The China National Space Administration (CNSA) is a government agency of the People’s Republic of China responsible for civil space administration and international space cooperation. These responsibilities include organising or leading foreign exchanges and cooperation in the aerospace field. The CNSA is an administrative agency under the Ministry of Industry and Information Technology. As the governing body of civil space activities, China National Space Administration does not execute any space programme. The CNSA is responsible for policy, while the execution is done by:

• The China Manned Space Programme that is operated by the China Manned Space Agency (led by an independent full-time administrator) instead of the CNSA.
• Several smaller state-owned companies. The intention appeared to have been to create a system in which entities, which are government agencies setting operational policy, would then contract out their operational requirements to government-owned entities, but not government-managed.

2. The National Space Council of the United States

The National Space Council operates as an office of policy development and handles a portfolio of civil, commercial, national security, and international space policy matters. Composed of cabinet-level members and supported by a National Space Council Users Advisory Group, the National Space Council is chaired by the Vice President of the United States and daily management by a full-time Executive Secretary. The Space Science and Technology Programmes are executed by the National Aeronautics and Space Administration (NASA), the National Oceanic and Atmospheric Administration (NOAA) and the United States Geological Survey (USGS). All are led by different full-time administrators or heads.

The African Space Agency Governance Model

As stated in its Statute, the African Space Agency’s governance structure is a hybrid model influenced by the U.S. National Space Council and the AU’s policy structure. The key components include:

• A Space Council that will be focused on space policy and strategy as well as international global issues like space treaties, conventions, laws, etc., in addition to overseeing the whole African Space Agency through the Directorate General (it will appoint) and the Advisory Committee (it will put in place), both reporting to it.
• The directorate general, led by a Director General, will be in charge of the daily execution of space scientific, technical, and operational programmes.

This governance model ensures that the Council has the prerogatives of policy-making and oversight while the Director General focuses on the technical and operational execution of AfSA’s mandate.

Functions, Responsibilities, and Workload of the African Space Council as per the Statute of the African Space Agency

The roles and responsibilities of the African Space Council are enshrined in several key articles of the African Space Agency Statute. Below are the highlights:

Article 4: Objectives

The main objectives of AfSA are to promote and coordinate the implementation of the African Space Policy and Strategy and to conduct activities that harness space technologies for sustainable development across Africa.

Article 5: Functions of the Agency

1. The Agency’s primary function is implementing the African Space Policy and Strategy.
2. The African Space Agency and other national and international institutions will coordinate a continent-wide regulatory framework for space activities.
3. The African Space Agency will work directly with the national space agencies when interfacing with the Member States and co-management space activities for the continent.
4. A common African position for multilateral engagements should be driven by the African Space Agency.

Article 6: Governance and Management of AfSA

1. The governance and management structure of the Agency shall comprise of:
   1. The African Space Council; (Articles 7 to 11)
   2. Advisory Committee (Articles 12 to 14) and
   3. The Secretariat; – The Director General serves as the secretariat of The African Space Council (Articles 7.5) and Advisory Committee (Articles 12.3)
   4. Director General. (Article 15)
2. HSGC-EST shall provide political guidance and shall serve as champions for space science and technology at the continental level.
3. The STC-EST shall provide overall strategic guidance and orientation to the Agency through the Space Council and
4. The Agency’s Director General shall submit reports on its annual work to the Council, who shall submit the same to the STC-EST for consideration and further submission to the policy Organs.

Article 10: Functions of the Council

1. The African Space Council shall have the authority to oversee the Agency, issue directives, and review and approve strategic plans, work plans, budgets, regulations, policies, and guidelines to govern the Agency’s administrative activities and operations for adoption by the relevant policy organs of the AU.
2. The African Space Council shall report to the Assembly through the Heads of State and Government on Education, Science and Technology (HSGC-EST).
3. The African Space Council shall meet once every year, after the meeting of the Advisory Committee of the African Space Council and before the annual meeting of the Heads of State and Government on Education Since and Technology (HSGC-EST)

The Article 12: The Advisory Committee

1. An advisory committee shall be established to provide necessary advice to the Council.

Summary of the African Space Council’s Functions, Responsibilities and Workload

As stated in the articles above, The Space Council receives political guidance from AU policy organs and shall make sure that the AU policy priorities are implemented. As well, The Council advise the said policy organs on space policy-related issues. The African Space Council shall report to the Assembly. The Specialized Technical Committee on Education, Science and Technology (STC-EST) shall provide overall strategic guidance and orientation to the Agency through the Space Council. This implies regular consultations with AU policy organs through their established statutory mechanisms and the preparation and participation of the AU statutory meetings. The Council will do, among others, the following:

• Promoting and advocacy; defending African positions on space conventions, treaties, etc
• Liaising with AUC Commissioners and elected officials;
• Overseeing the African Space Agency, appointing the Director General and Deputy DG, vetting and approving reports & budget, etc.

The Council will establish the advisory committee, which will also set terms, rules, and agenda items for the Committee to discuss. This implies the development and implementation of the selection processes, coordination and discussions with different stakeholders and entities, such as RECs and the African Academy of Sciences, as well as establishing selection criteria of the four (4) Chief Executive Officers of four (4) African private sector entities, each representing one of the four space sectors (Earth Observation, Satellite Communication, Navigation, and Space & Astronomy).

Functions and Responsibilities of the Director General of the African Space Agency

The Functions and responsibilities of the Director General of the African Space Agency are embedded and clearly stated in Articles 7.5, 12.3 and 15.

Article 7.5: The Director General serves as the Secretary of the Council.

Articles 12.3: The Director General serves as the Secretary of the Advisory Committee.

Article 15: The Director General of the Agency

1. The Director General shall be the Agency’s Chief Executive Officer and legal representative.
2. The Director General shall be responsible for managing the Agency and shall be assisted by the necessary staff to ensure its smooth running.
3. The powers and duties of the Director General shall be as set out in the Rules of Procedures.

Conclusion

Looking at the numerous functions and responsibilities it has been proposed in Article 9.3:

Term of Office of the Statute that: All the Council Members, except the President and the Vice President, shall perform their functions part-time.

This provision ensures that all Council activities, functions, and responsibilities are delivered efficiently since most of these activities, functions, and responsibilities are ongoing issues. Also, several policy or governance crises can occur anytime in the space arena. Having the Council’s leadership in place daily will be instrumental in engaging AU policy organs and addressing all challenges.

The Director General (DG) is appointed by the Council to whom she/he reports. As one can see, the Director General’s role is more managerial and operational. The Space science and technology portfolio is extensive with four (4) segments: Earth Observation, Satellite Communication, Navigation& Positioning, and Space & Astronomy. Each of the segments has space operation and application components. In addition, training, business development and private sector engagement, academia and research centres involvement, etc. According to the African Space Working Group, this is huge regarding responsibilities. Therefore, the said Working Group proposed to the members the current statute adopted by the Conference in 2018. In a nutshell, for better efficiency and as it is the practice in the Space business and arena, the Statute has separated the policy and strategic responsibilities from pure management and operation. Figure 1 below gives a general overview of the governance of the African Space Agency.

Therefore, the President and the Vice President of the Space Council are intended to be the full-time political appointees and representatives of the Agency, just like the chairperson and deputy chairperson of the commission. They are a political linkage between the technical operations of the agency and the member states. Their role is to provide political leadership on the agency’s day-to-day running and lead high-level negotiations in space politics. The only difference between the President and Vice President of Space Council and the Chairperson and Deputy Chairperson of the Commission is that they are not involved in the administrative affairs of the Agency, as this is the role of the Director General; neither are they chief accounting officers. The Director General shall implement decisions and directives of the Space Council in his or her mandate. The Director General shall be a technocrat in space with managerial experience who shall manage the operations of the Agency. The Council shall be a policy decision-making body. Therefore, the President and Vice President of the Council shall act as heads of delegation in international and continental space negotiations, while the Director General would provide technical oversight and input as part of the delegation.