New Mars Forums

I've read your essay, and I find it interesting and
thought provoking.  However, my views differ somewhat.

Most people, yourself included, seem to think that
colonization of Mars, and the legitimization of any
Martian government or force of law must originate with
an existing governmental body, such as the UN.  This
is the reverse of how power truly flows. 

The powers of government is derived from the consent
of the governed.  This is true no matter how far down
the line you go (i.e. with national as well as
international governments.) 

Humanity does not need to wait (indeed IMO it can't
afford to wait) for the UN (or any government) to
authorize or legitimize a Mars colony in order to
settle Mars.  It will be legitimized by its very
existence by virtue of the people who inhabit it.

My vision for the ARES Concordant is this:  as a sort
of colonial government in exile.  Its stated purpose
is to colonize Mars -- no more, no less. 

One of the tasks necessary to achieving this goal, is
to agree upon a document (which I have notionally
called the Ares Concordant) which would delineate the
structure of any colonial government.

Another task is raising capital.  Obviously this is a
fairly daunting task, but not unsurmountable.  One
method I've devised for raising capital is through the
sale of "land certificates."  These certificated would
entitle the holder to a certain amount of land upon
the establishment of a colony on Mars by the ARES
Concordant. 

People do not need an existing government entity (such
as the UN) to legitimize their claim to land on Mars.
In the case of the American frontier, land was largely
owned by virtue of the fact that people lived on it. 
they didn't own the land because the US government
told them they did.  In fact the US government did not
exist in the area until a certain number of people
lived there, and then applied for statehood.  Of
course, there are exceptions to the rule (such as the
Oklahoma territory.)

In closing, existing national governments need not be
involved in the colonization of Mars.  All that is
needed is for individual citizens to decide that it
should be done.  Once humans are on the face of Mars,
they will form their own government. 

This is the pattern which settlement usually takes --
people decide to go, and then decide how to govern
themselves once they get there.

I would like to hear your take on my argument.  I know
the project is ambitious, but bold steps must be taken
where space is concerned.  The governments of the
world have largely failed us in this respect.

The People.  Seriously, enough people deciding to fund Humanity's future, and the cost to each would be minimal.  All contributers obviously wouldn't be able to go in the first wave, but I for one would be willing to give a little to open up a new frontier.
After all, I would expect that once the frontier is opened up by that first group, the cost of access would go down for further groups as more attention is turned to the technology needed.  The same sort of thing that happens with electronic products would apply to a lesser extent to Mars -- familiarity breeds economy.

Private citizens do not need the UN to do anything with the possible exception of redressing greivances against them by member nations.  The UN only has any power because the member nations give it power, and then only limited.  In turn, the nations only have what power the people give them.

If a group of private citizens were to land on Mars tommorrow, what would any Earth government or the UN be able to do about it.  Their only recourse would be to send their own people up to compete. 

This of course assumes that all governments don't gang up against it to prevent any support or supply arrangement the group may need.  A situation I find unlikely, the group would most likely be able to entice some third world country to play host to the lunch complex/support center.

The BOR is meant to be a listing of Rights basic to Humanity.  Specifically, I include it on The Ares Concordant Home Page as part of a Constitution (although all other sections are blank) for a proposed Mars Colony.

Actually I based this partly on the DOI but also on the UN Universal Declaration of Human Rights(UNDHR).  It was meant to be a listing of innate rights such as are described in the DOI, but the wording may lead one to believe that they are given by agovernment.  In reality, just the opposite happens, governments are given powers by the people governed.

The operative word in the passage is 'everyone.'  Again I take the wording from the UNDHR. 

I would say yes.  It would not be unreasonable for an employer to not emply bearded individuals (as long as this applies to both sexes.  )  The case may be different if the individual is a member of a religion which espouses the virtues of facial hair.

Anyone.  The Priest is not employed in the traditional sense, but I see how it could be argued otherwise.  In the case of the school, it would be wrong for non-Catholics to be descriminated against, although they may not be qualified to teach religious subjects. 

I mean 'group' to include individuals belonging to that group as long as the discrimination is based on their belonging to that group.

The sentence preceding the one you quoted provides the right to practice, whereas the one quoted is meant to define what constitutes a religion.  I meant for it to prevent someone to claim discrimination on the basis of their practicing a made up religion say the worship of Ralph Macchio (sp?).  Perhaps it would be more appropriate in a law rather than a BOR or constitution though.

Here the lawn's owner (although I don't agree with ownership of land as such) would have a prior right to the use of his lawn.  However, he would not be able to object to a speech made just off his property.

Interesting point altough I think its fairly obvious I meant only the threatening individual to be fair game.  And then the minimum force necessary should be used.

That is what the passage says.  In a colonial environment all individuals are pretty much dependent on their neighbors.  Again, perhaps this is better place in a body of law.

This is just the right to vote directly on issues (by referendum) or for representative or officials if they are deemed necessary -- a constitution and not a BOR should address how this is carried out.

This passage affirms the right  to use encryption to protect privacy.  It does not specify the method of encryption.  It could be electronic, but it could just as well be decoder ring or quantum interferometry.

Perhaps, but show me a passage that doesn't but says the same thing.

Again, I don't see land as being owned, so one could argue for fees for registration of permits to use the land (not ideal).  However, I prefer a weak government, on better able to fund itself with user fees charged only to those who use its services (i.e. court costs, registration fees, etc.)

A good point.  It's probably best to remove the useful part. 

The right to equality precedes and overrides.  Also, the employer has already voluntarily agreed to give up a certain amount (the salary) in exchange for work done, the passage only protects a persons right against discrimination.

Interesting comments.  Exactly the sort of critical dialog I hoped for.

Here is a Bill of Rights I came up with.  (Actually I stole alot from various sources, namely the constitution, the UN Declaration on Human Rights, and an interesting Consitution for a proposed state called "Oceania", which was a little bizarre for my tastes)  I have also published it online on
The Ares Concordant home page.  I welcome comments.

-------------------------------------------------
I   A Declaration of Rights

We declare and confirm that all Humans are born free and equal and are endowed with a certain dignity and with certain inalienable rights.  In order to protect and safeguard these rights, we list them here and forbid any Martian to abridge or infringe upon these rights.  Further there shall be no laws made that restrict these rights, except to protect the superior rights of others.  The rights given in this declaration shall apply in the order and precedence in which they are named.

1 Right to Equal Opportunity and Protection

Everyone, regardless of race, colour, sex, native language, religion, political or other opinion, national or social origin, property, birth or status, is entitled to equal treatment in terms of the rights and freedoms to which they are entitled. Furthermore, all are entitled to equal opportunity for employment and education, and to equal protection under the law.

No group based on race, colour, sex, religion, political organization, or nationality may be given preferential treatment in terms of employment, education, rights, or entitlement regardless of past discrimination, persecution or forced servitude.  Nor can any group based on these things be subjected to discriminatory treatment because of past discrimination, persecution, or forced servitude or others.

2 Right to Freedom of Religion, Speech, and the Press

Everyone has the right to practice any religion they may choose, or to practice no religion at all. All religions shall be considered equally valid provided there is at least one established body of people who practice it.  The right to practice a religion does not grant an individual the right to commit criminal acts.

Everyone has the right to speak freely without fear of arrest, censure, or fine regardless of whether others may find their words offensive. The right to free speech also applies to written and electronic forms of communication. No one shall abridge or diminish this right be they private citizen, business, employer, or the government.

3 Right to Life, Liberty, and Security of Person

Everyone has the right to life, liberty, and security of person. No one has the right to kill except if they or another be in immediate jeopardy of losing their life. Furthermore everyone has the right to waive their right to life, and so to end their life or to permit someone to end it, and to engage in behavior them may endanger themselves, but not others.

To support the right to life, everyone has an entitlement to have access to the basic requirements of life, such as food, housing, clothing, and basic health care.  Any person (such as a child, or the disabled) not having access to these requirements shall be provided with them until such time as they can provide them for themselves. 

To support the right to security of person, everyone has the right to keep and bear weapons and arms except when the keeping or use of a weapon poses an unreasonable risk to others.  Weapons of mass destruction are specifically excluded from this right.

4 Right to Sovereignty

Everyone has the right to sovereignty over their body and what they do with it, or put on it. No one may, by exercising this right, endanger or infringe on the rights of another.

No one may be forced to tattoo, pierce, or mutilate their body or have their body tattooed, pierced, or mutilated, nor may they be forced to perform any sexual act, ingest any substance, wear any clothing or device, or submit to medical care.

Conversely everyone may, as they see fit, tattoo, pierce, mutilate, or alter their own body and may perform any sexual act, ingest any substance, wear any clothing or device, and submit to whatever medical care that they see fit.

5 Right to Freedom from Torture and Cruelty

No one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.

6 Right to the Free Pursuit of Knowledge

Everyone has the right to pursue whatever knowledge or technology they desire so long as they do not endanger or infringe upon the rights of others.

7 Right to Marriage and to set the terms of Marriage

Everyone has the right to marry or to not marry whomever they wish and to set beforehand the terms of the marriage contract.  However, all such contracts must provide for the care of any offspring ensuing from the marriage.

8 Right to Procreate

Everyone has the right to procreate, or to choose not to.  Responsibility for the child ensuing from the procreation by default falls upon the biological parents of the child, but may be assigned to others by agreement either permanently or in whatever manner agreed upon. If assigned permanently, the biological parents no longer have any responsibility or interest in the child.

9 Right to Self-Government

The people have the right to govern themselves by direct vote wherever practicable, and where not practicable to invest in certain individuals whatever authorities and powers are not best served by direct vote.

10 Right to Peaceably Assemble

The people have the right to peaceably assemble.

11 Right to Travel

All Citizens have the right to travel and to immigrate and emigrate as they wish, although they may be detained briefly on immigration for purposes of determining citizenship. 

12 Right to Freedom from Arbitrary Arrest

No one shall be arrested or held against their will without having been charged with a crime or having been informed of what crime they are suspected of, and then for no more than 24 hours without being charged with a crime.

13 Right to Privacy

Everyone has the right to be secure in their persons, houses, papers, electronic media, and effects, against all searches and seizures without a warrant issued by a grand jury which has determined there to be probable cause supported by open affirmation made under penalty of perjury. Refusal to submit to a warrantless search may not be held to be probable cause for issuing a warrant.

To support their right to privacy, everyone has the right to use encryption to prevent unintended persons from reading or overhearing statements made to specific persons. The mere fact that encryption has been used may not be interpreted as evidence of wrongdoing.

14 Right to Full Access to Information and Knowledge

The people have a right to full knowledge of the activities of their Government, except for matters of colonial security that should remain secret.  A grand jury shall determine what information constitutes a matter of colonial security.

Further, everyone has the right to access any knowledge put into the public domain, broadcast on the public electromagnetic spectrum, or sent via the public Internet. This right does not restrict a person's right to privacy.

To support the right to full access to knowledge, everyone has the right to petition the their Government for disclosure of information.

15 Right to Property

Everyone has the right to own property, whether solely or jointly with others and to use it in any manner that they see fit.

No one may be deprived of the full use of their property through force or fraud nor may they be charged for the right to own property. They may not be forced to share their property with others nor to quarter others in their home.

A person's body and the fruits of their labor are their own property.

16 Right to Practice One's Chosen Profession

Everyone has the right to practice the profession of their choice without regard to whether or not they hold any license, certification, or specific education.  Of course, everyone has the right not to patronize or employ a person because they lack such license, certification, or education.

17 Right to the Opportunity for Useful Employment

Everyone has the right to work, to free choice of employment, to just and favorable working conditions, and to have their work be useful.

No one may be deprived of their right to work because of race, colour, sex, religion, nationality, or their association or non-association with any political or other organization. 

Also, all persons are entitled to equal pay for equal work regardless of race, colour, sex, religion, nationality, or their association or non-association with any political or other organization. 

No one who is not a member of a labor union may be forced to accept a union contract.

18 Right to Free Enterprise

Everyone has the right to engage in any business they choose alone or in association with others and to form a corporate entity to govern the association. 

No one may be required to hold any license or permit to engage in any business so long as they do not endanger others.

19 Right to Justice

Everyone has the right to bring suit against any other person for crimes and misdemeanors committed against them and for acts violating their fundamental rights.

No person shall have immunity from such prosecution regardless of race, colour, sex, religion, nationality, diplomatic status, or their association or non-association with any political or other organization.

20 Right to the Presumption of Innocence

Everyone has the right to the presumption of innocence until proven guilty in a court of law.

No one may be held to be guilty of any crime, or misdemeanor on the basis of any fact or omission which did not constitute a crime, or misdemeanor at the time when it was committed nor may a heavier penalty be imposed than the one that applied at the time the crime, or misdemeanor was committed.

21 Right to Freedom from Unjust Prosecution

Everyone has the right to be free from unjust prosecution and frivolous and extortionate lawsuits.

To preserve this right, any person accused of a crime, or misdemeanor may bring a counter-suit of harassment and false arrest to be tried conjointly with the original suit, by the same jury.

22 Right to Freedom from Double Jeopardy and Self-Incrimination

No one may be twice put in jeopardy of life or limb for the same offense.

Everyone has the right not to incriminate themselves. 

Further a person's statements which were made before they had been charged with a crime or informed that they are suspected of a crime, whether verbal, written, or electronic, may not be used against them in a court of law, except where they were obtained pursuant to a warrant or the intended recipient of the statements present the evidence.

23 Right to a Timely and Public Trial by Impartial Informed Jury

All persons prosecuted for crimes and misdemeanors shall have the right to a timely and public trial by an impartial jury in a court with jurisdiction over the crime or misdemeanor.

24 Right to Face One's Accusers

All persons prosecuted for crimes and misdemeanors shall have the right to be present at trial, and to have all accusers and witnesses present, and to witness the verdict.

25 Right to Full Investigation

Any person bringing suit as the victim of a crime or misdemeanor shall have the right to hire someone to investigate the matter or to do so themselves. The accused has the right to have the findings of any investigation made available to them.

26 Right to Equal, Accessible Counsel

Everyone involved in prosecution for crimes and misdemeanors shall have the assistance of council for the prosecution and defense and to have free and confidential access to such counsel.  The cost of this counsel as well as all other court cost shall be borne by the loser.

27 Right to Judicial Review

All persons convicted of crimes or misdemeanors shall have the right to have the court record reviewed by a grand jury to determine is there is probable cause for the verdict to be appealed by a higher court.