Kukula Traditional Health Practitioners Association Bio-Cultural Community Protocols Revision Workshop & Peer-to-Peer Learning Exchange

Community mapping

Natural Justice’s Cath Traynor together with Mina Buthelezi (SANParks BSP/K2C Data Collector & Field Assistant), and Prof. Wayne Twine (Wits University) facilitated a 3-day workshop with the Kukula Traditional Health Practitioners Association to revise their bio-cultural community protocol (BCP). The Kukula’s original BCP was finalized in 2010, and the past 6 years have seen a growth in Kukula membership, a change in their priorities plus the introduction by the South African Government of several new laws and policies which will impact the Kukula. The objectives of the workshop were to (i) finalize the BCP revision process, (ii) focused discussions concerning leveraging the revised BCP, (iii) furthering engagement around medicinal plant issues with protected areas managers, and (iv) peer-to-peer learning exchange with Ndindani Community Nursery in Phalaborwa.

During the first session of the workshop the Kukula agreed on a BCP revision process, this was then followed by a discussion of new laws and policies of relevance to the Kukula, which had been analysed by Johan Lorenzen. These included a reminder of the ‘Indigenous Knowledge Research Ethics Policy’, and an introduction of the possible implications of the ‘Bioprospecting, Access and Benefit Sharing Amendment Regulations, 2015, made in terms of the National Environmental Management Biodiversity Act 10 of 2004, and the Intellectual Property Laws Amendment Act, 2013.

Further sessions on the first day related to engaging with protected areas managers. Prof. Twine (Wits University) facilitated the session which included a mapping exercise to demonstrate the geographic coverage of Kukula members, and Louise Swemmer (Social & Economic Scientist, Savanna & Arid Research, Kruger National Park, SANParks) discussed SANParks Pepper Bark Project and engaging traditional healers [the pepper-bark (Warburgia Salutaris ) is an endangered species, once widespread in South Africa but now limited to monitored populations inside protected areas, it is threatened by harvesters who strip it’s bark in an unsustainable way – the bark is used in traditional medicines]. Tshifhiwa Ramatshimbi from Mariepskop Forest Reserve then provided an update on the application procedures to harvest plants or seeds from the reserve and actions required to ensure adherence to regulations.

Louise Swemmer, SANParks

Tshifhiwa Ramatshimbi,
Mariepskop Forest Reserve

The second day of the workshop focused on procedural issues relating to healing and traditional practitioners and included a practical session exploring medical certificates for sick leave. New developments were then discussed and these included a data monitoring framework introduced by Mina Buthelezi, fundraising initiatives, and Dr. Britta Rutert introduced (via teleconference) a new potential research project with a focus on indigenous entrepreneurs, within which the Kukula will consider participation.

On the final day of the workshop the Kukula traveled up to Ndindani Community Nursery in Phalaborwa, Limpopo Province. There they met key nursery members and also Michele Hofmeyer (Skukuza Indigenous Plant Nursery, SANParks), and Thembi Marshal (K2C) who have been assisting the members to establish the nursery and develop a business plan. Challenges were shared which included developing business plans with short-medium- and long-term strategies, moving from funding to income generation phases, accessing land and markets, and utilizing the land available fully by planting a variety of seasonal produce. The Ndindani Nursery members then escorted the Kukula on a nursery tour highlighting their vegetable produce and also their recently established medicinal plant nursery, which includes pepper-bark saplings. During the tour the Kukula identified some additional indigenous medicinal plant species growing within the nursery grounds.

Medicinal plant identified by the Kukula

Ndindani Community Nursery - vegetable production

During the workshop the Kukula had highlighted the importance of certificates, and thus at the end of the workshop ‘certificates of attendance’ were provided for all participants. Over the next few months the Kukula hope to finalize the text of their revised BCP, and deepen their relationships with SANParks and Mariepskop Forest Reserve.

The Kukula with their 'certificates of attendance'

Legal and Conflict Transformation/Negotiation Training in Manicaland, Zimbabwe

From September 29 to October 3, Stephanie Booker of Natural Justice hosted 5 days of legal and negotiation training in Manicaland, Zimbabwe, with Chiadzwa Community Development Trust and members of communities from Mutare and Arda Transau. The meeting was supported by Ford Foundation Southern Africa and the Heinrich Boll Foundation.

Supported by the legal expertise of the Zimbabwe Lawyers for Human Rights and the Zimbabwe Environmental Law Association, participants were led in two-day training, discussions and information sharing on relevant laws and policies in Zimbabwe with respect to the environment and human rights and regional and international law.

From 1 - 3 October, Zimbabwean organisation Centre for Conflict Management and Transformation led an interactive training with participants on inter-community conflict and general principles of engaging with external actors. The sessions gave insight on engaging an issue from different perspectives.

The training session complemented the existing community protocol processes being engaged in the community at present. In addition, a small number of participants from mining impacted communities across Zimbabwe took the opportunity to join the much-sought after training, to learn from about relevant laws and policies and to share experiences with community members across Zimbabwe.

Seeking Feedback on New Publication: Human Rights Standards for Conservation (Part I)

A Bajau Laut child begging from tourists near Tun Sakaran
Marine Park, Malaysia. (cc Harry Jonas)

Despite increased recognition that conservation initiatives can violate the human rights of Indigenous peoples and local communities, addressing 'unjust' conservation remains a contemporary problem. The International Institute for Environment and Development (IIED) and Natural Justice are seeking feedback on a series of technical reports that aim to provide clear guidance about the human rights obligations of conservation actors, and specific details of the rights and forms of redress available.

NJ Facilitates Environmental Law Workshop at NUJS Kolkata

On 15th and 16th of February 2014, Stella James and Arpitha Kodiveri of Natural Justice facilitated a workshop organized by the Society for Environmental Awareness and Activism, a student-run organization at the National University of Juridical Sciences (NUJS).

The workshop was designed to be an experiential one, with the intent to help law students understand the complex social, political, economic and legal dynamics that play out in the field, and to develop the skill to use law as a tool for negotiation in such a scenario. The context chosen was that of Sariska Tiger Reserve in Alwar, Rajasthan, and the students were immersed in the context through narrative and role-playing as different stakeholders.

The students who participated were keen and capable, and eager to explore the field of environmental law. The feedback was that the workshop helped students understand that there is more to environmental law than is taught in law schools, and the format used was thought to be an interesting approach to teaching of environmental law. An important feedback was the need for NJ and other environmental law organizations to have a more continuous engagement with law students.

PULP Book on Balancing Economic and Environmental Interests in Africa

As economic growth rates are increasing across Africa, questions and challenges around balancing ‘development’ with environmental protection are gaining significance. To consider how different nations across Africa are addressing these challenges, the Pretoria University Law Press has released a book through the World Bank-funded Rule of Law in Africa Project entitled "The Balancing of Interests in Environmental Law in Africa" edited by Michael Faure and Willemien du Plessis. The book  combines the contributions of academics from 17 African nations on the way in which environmental and economic interests are balanced in their respective nations. Each country analysis in the book is presented according to a common framework to improve the comparability of the various nations’ approaches. The book also contains a critical comparative analysis by the editors. 

Find the abstract and information on ordering a hard copy of the book here. Download the book directly here.