Namibia Passes their National Bill on ABS and Traditional Knowledge

Namibia recently passed their national law on bioprospecting called Access to Biological and Genetic Resources and Associated Traditional Knowledge Bill.  This is an historic moment as Namibia’s enactment of their law implements the Convention on Biological Diversity’s Nagoya Protocol.

Their legislation applies to biological and genetic resources as found in or outside of their natural habitat, the derivatives of such resources, associated traditional knowledge, and benefits arising from their use, including commercial use. The law also sets out both to recognize and protect the rights of local communities over their genetic resources and associated traditional knowledge.

The legislation recognizes and protects community intellectual property rights over genetic resources and associated traditional knowledge. It states that the “State must recognize and protect the community intellectual property rights as they are enshrined and protected under the norms, practices and customary law found in, and recognized by, the concerned local communities, whether such law is written or not.”

Namibia is therefore leading in the Africa region in explicitly protecting communities’ rights to recognition of their associated traditional knowledge. This is often the area where the Africa region is still vulnerable.

The text of the bill can be accessed here: 

ABS in Southern Africa: Developing Policy and Implementing Best Practice

On February 12-14 PhytoTrade Africa and The ABS Capacity Development Initiative for Africa, aided by Natural Justice, invited stakeholders of Southern African countries to discuss and identify good ABS policies and best practice on the basis of a number of regional value chain assessments.

One challenge in implementing the Nagoya Protocol has been to design strong and effective regulations while ensuring a business friendly regulatory environment that can attract investment in the sector and ensure its viability. Insights from already existing value chains and operating businesses across the region are highly useful in aiding governments in their efforts to design such national legislations, while ensuring that they simultaneously compliment and contribute to national development plans and objectives.  

Bringing together more than thirty governmental and non-governmental experts from across Southern Africa, along with representatives from industry, the two-day workshop assessed value chains on baobab, devil’s claw, kigelia and marula in Malawi, South Africa and Namibia.

ABS and BCP Workshop in East London, South Africa

On 3 and 4 July 2013, the Department of Science and Technology, in collaboration with the Indigenous Knowledge Systems (IKS) unit of the Medical Research Council of South Africa held the third and final pilot workshop on the international legislative framework and the South African domestic laws relating to Access and Benefit-Sharing.  The workshop was held in East London with twenty-eight participants and six resource persons.  Laureen Manuel and Gino Cocchiaro of Natural Justice conducted the workshop, which included presentations, group discussions and role plays on biocultural community protocols (BCPs).  

Members of seven different communities from villages in Uitenhage, Grahamstown and Willowbridge, as well as two representatives from the Mokgola community in Zeerust, participated in the workshop. Some of the participants are traditional healers and others are engaged in the farming of various types of tea leaves.  

International and domestic law on Access and Benefit Sharing, specifically the Convention on Biological Diversity and the Nagoya Protocol, and the Bioprospecting, Access and Benefit Sharing Regulations of South Africa were among the topics covered under the session on laws. 

The workshop concluded with participants readily taking part in the group discussions and role plays on BCPs, where they were required to engage with challenging questions about their own communities' visions for the future and their decision-making processes. 

The short report for the African BCP Initiative 2011-2012 can be found here.

MRC Workshop in Upington

From 13-14 March 2013 in Upington (Northern Cape, South Africa), Natural Justice, in collaboration with the Indigenous Knowledge Systems unit of the Medical Research Council of South Africa (MRC), facilitated a two-day workshop on the international legislative framework and the South African domestic laws relating to access and benefit-sharing. The workshop, conducted by Laureen Manuel and Lesle Jansen (Natural Justice), included a day-long session on biocultural community protocols (BCPs).

The participants of the workshop consisted mainly of the San and Nama peoples, a significant respresentation of the Rastafarians from the Kalahari, as well as researchers from the MRC, and a representative of the Department of Science and Technology, which funded the workshop. The workshop centred on the international and domestic law on Access and Benefit Sharing, specifically the Convention on Biological Diversity and the Nagoya Protocol, and the National Environmental Management: Biodiversity Act and Bioprospecting, Access and Benefit Sharing Regulations.

The session on BCPs triggered ardent discussions around issues of spiritual connectedness to the ground, the need for knowledge on laws and the rights of Indigenous peoples. The discussions also highlighted the importance of communities organising themselves and the establishment of governance structures.

The workshop concluded with a prayer and with each participant sharing their thoughts on their experiences throughout the two days.

Second Intergovernmental Committee on the Nagoya Protocol

Kabir Bavikatte of Natural Justice participated in the second meeting of the Intergovernmental Committee on the Nagoya Protocol (ICNP 2) in Delhi from July 2-6, 2012. Kabir participated at the ICNP 2 in his capacity as the legal advisor to the African Group of parties to the Convention on Biological Diversity. The key issues that were negotiated at the ICNP 2 dealt with cooperative procedures and institutional mechanisms to promote compliance with the Nagoya Protocol, the global multilateral benefit sharing mechanism, the access and benefit sharing (ABS) clearing house, financial mechanism and resource mobilization. 

At the ICNP 2, Natural Justice and the Berne Declaration also organized a side event that screened the film ‘Rooibos Robbery’ which deals with Nestle's biopiracy of South African genetic resources and associated traditional knowledge and can be viewed here. The side event included a presentation by Morten Tvedt of the Fridtjof Nansen Institute on the Norwegian law on ABS as one of the first user country measures and inputs from Muleso Kharika, Director of Resource Use at the South African Department of Environmental Affairs. Copies of the film were also distributed amongst the participants of ICNP 2.

UCT Seminar on Traditional Knowledge and Intellectual Property Rights

Pelargonium. Copyright: African Centre

for Biosafety

On the 26th of August, the Law, Race and Gender Research Unit of the University of Cape Town (UCT) held a seminar on “Traditional knowledge, intellectual property rights power and benefit sharing: case studies/evidence from pelargonium, rooibos and hoodia.” Natural Justice and the African Centre for Biosafety were invited to attend the series and present on their work with African Indigenous peoples and local communities.

Gino Cocchiaro (Natural Justice) presented on the South African Rooibos–Nestle and San-Hoodia case studies. During his presentation, Gino also highlighted how biocultural community protocols have been used by some communities in Africa, Asia and South America to convey their ways of life, values, and customary laws to third parties and challenge the fragmentary nature of state law and incorporate community integrated perspectives.

Farmer to Pharma

Natural Justice is collaborating with the Department of Science and Technology (DST) and its the implementation of the ‘Farmer to Pharma Grand Challenge’ (FTP). According to the DST the aim of the Program is to “…catapult South Africa to a leading position in Biotechnology and pharmaceuticals by harnessing the country’s biodiversity, indigenous knowledge and scientific expertise.” Natural Justice was invited to the First National Bio-prospecting Stakeholders Meeting in July 2009 to present on mechanisms to integrate communities into the design and implementation of bio-prospecting permit applications.

Since this workshop Natural Justice has continued working closely with DST and its Farmer to Pharma program. In October 2009 Natural Justice facilitated a DST delegation visit to Mpumalanga and Limpopo to explore possible pilot regions for the implementation of possible initiatives in this field.

Community Protocols Presentation, K2C Meeting

Harry Jonas and Johanna von Braun presented on community protocols as an approach to securing communities’ rights in ABS agreements at a meeting hosted by the South African Department of Science and Technology on 6-7 July 2009. The meeting also addressed the Farmer to Pharma initiative and constitutes the formation of a bioprospecting platform for South Africa.
Harry Jonas and Johanna von Braun attended a meeting of over 40 traditional healers at the Vukuzenzele medicinal plants nurseries on the 9th of July in Mpumalanga as part of the work Natural Justice is undertaking the Kruger to Canyons Biosphere Reserve. Natural Justice facilitated information sharing on accessing conservation areas to harvest medicinal plants, protecting TK and becoming registered with the government.