Kukula Traditional Health Practitioners Association BCP Finalization Workshop, South Africa

Kukula Workshop Participants

On the 28^th and 29^th June, Natural Justice and K2C facilitated a meeting with the Kukula Traditional Health Practitioners Association at the Timbavati Bush School, Bushbuckridge, South Africa. The overall aims of the meeting were to review the developments of the previous year, to finalize the text of the revised Bio-Cultural Protocol (BCP) and discuss strategies related to leveraging the BCP.

The Kukula traditional health practitioners established the BCP with the intention of regulating their interactions with third parties and protecting their knowledge to enable fair and equitable benefits to their members.

The first day of the meeting focused on a review of the previous year and internal community discussions with Kukula representatives. On the second day of the meeting wider stakeholders were invited to participate in the meeting. Representatives from researchers (Benelex and Dr. Britta Rutert), South African National Parks (SANParks), governmental representatives and legal experts provided an overview of issues that had been identified by the Kukula.

Dr. Louisa Parks (The Benelex Project)

Dr. Louisa Parks (The Benelex Project) shared findings from the first 3 years of the Benelex research project of particular relevance to communities, she highlighted that benefits are more than just limiting damage from a proposed project, they are not compensation, and that they should reflect what a community sees as a benefit – not what others tell them is a good thing. Dr. Britta Rutert (Free University, Berlin) shared the preliminary findings of the ‘Indigenous Entrepreneurs’  research project conducted with the Kukula, she highlighted that entrepreneurship in rural, economically deprived areas with limited infrastructure must be looked as at a “procedural enterprise rather than an economic enterprise”, and organisation, cooperation and negotiation skills were learned and utilized by organisations such as the Kukula in making use of their indigenous knowledge.

Dr. Louise Swemmer (SANParks)

The Kukula have been engaging with South African National Parks (SANParks) on issues related to sustainably harvesting medicinal plants. Discussions focused on opportunities regards integrating Kukula representatives into the roll out of distribution of the medicinal Pepper Bark tree (Warburgia salutaris), which is classified as an endangered on the IUCN Red list. SANParks has been growing hundreds of these tress from seed in their nursery, these trees are in high demand by healers, and SANPaks is spearheading planting of saplings in communal areas, and sustainable harvesting using leaves rather than the bark.

During a legal session, Johan Lorenzen (Richard Spoor Attorneys) provided an update on various laws and policies related to the Kukula, including regulations related to the Traditional Health Practitioners Act as well as the Indigenous Knowledge Systems Bill. This was followed by a presentation by Mr Wiseman Rikhotso (Director, Biodiversity Compliance, Department Environmental Affairs) related to the Threatened or Protected Species (TOPS) Regulations and the compliance awareness drive related to “muthi” (traditional medicine) markets.

The Kukula also discussed the finalization of the update of their bio-cultural protocol (BCP) and how to leverage it moving forwards

.Looking forward the revised BCP text will be finalized, the Kukula together with the Department of Environmental Affairs will host a workshop regards legislation around Threatened and Protected Species (TOPS), and the Kukula will engage with SANParks on supporting the Pepper Bark project in their villages.

Kukula participants

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'

Kukula Traditional Healers BCP Revision workshop

Natural Justice together with partners K2C and Wits Rural Facility (WRF), facilitated a BCP revision workshop for the Kukula Traditional Healers (KTH) of Bushbuckridge, South Africa, on 16 – 18th February 2015. Over twenty KTH members participated including representatives from the Executive and Management Committees. The objectives of the workshop were to revise the KTH Biocultural Community Protocol (BCP) to reflect the Kukula’s priorities and to address key stakeholder needs. 

During the first day of the workshop participants listed their achievements in 2014, and discussed current challenges and priorities for 2015. Mr Johan Lorenzen, from Richard Spoor Inc. Attorney’s, presented on laws, policies and recent legal developments which support the KTH and their aims. Key outside stakeholders participated on day two of the workshop, sessions included ‘governance and leadership’ where representatives from Traditional Authorities and KTH members discussed ways to strengthen their relationship and to improve the management of medicinal plants in communal areas. This was followed by a session exploring possibilities for the sustainable harvesting of medicinal plants in protected areas. 

Protocols for Sustainable Harvesting in Protected Areas Workshop

Gino Cocchiaro and Cath Traynor of Natural Justice, and partners Kruger to Canyons Management Committee and Kukula Traditional Health Practitioners Association (KTHPA) attended the Protocols for Sustainable Harvesting in Protected Areas Workshop hosted by Wits University Rural Facility on 13th July 2013. The workshop was the first of a series to start a conversation to achieve a common understanding concerning the possibility for traditional healers to access protected areas in order to harvest medicinal plants. A variety of stakeholders including protected area managers - both national, provincial and private, traditional healers, civil society organisations, and academics attended.

Twenty-seven million (72%) South Africans use traditional medicines and the industry has an annual turnover of more than 3.2 billion Rands. Over 2,000 plant species (10%) of the South African flora is utilised in traditional medicines, and many of these species are declining. Gino Cocchiaro presented on biocultural community protocols (BCP), including the BCP of the Kukula Traditional Health Practitioners Association and Rodney Sibuyi (KTHPA) presented on the history of the Kukula Traditional Health Practitioners Association and discussed some challenges regarding accessing traditional medicinal plant species and their management. South African National Parks highlighted parks-based protocols for non-commercial harvesting, and park objectives concerning plant harvesting which includes promoting sustainable use, alternatives, reducing illegal harvesting and monitoring. Difficulties managing traditional medicinal harvesting was illustrated by the case of Warburgia salitaris (Pepperbark tree), the bark is a popular traditional medicine. Kruger National Park has two of the largest surviving populations of this endangered tree, and recent increases in commercial harvesting pressures have resulted in collection methods changing form the sustainable harvest of small strips of bark to ringbarking trees which results in their death. Issues raised included defining ‘communities’, identifying benefits, who has rights to them and their equitable sharing, costs of access, unity and consensus among beneficiary groups. Important sustainability issues included determining what is ecologically sustainable, adaptative strategies, and addressing situations where demand is greater than supply. The outputs of the workshop will feed into further workshops which will aim to include a greater diversity of stakeholder groups.

Kukula Traditional Healers Practitioners Management Committee Meeting

Gino Cocchiaro and CathTraynor (Natural Justice) attended the Kukula Traditional Health Practitioners Association Management Committee Meeting on 15th July in Bushbuckridge, South Africa. During the meeting with the healers, Biocultural Community Protocol was revisited, and current concerns of the group discussed. Key concerns centred around recognition, access to plants, loss of knowledge, and livelihoods issues. Participants summarised the groups main activities since the formation of the Kukula Traditional Healers group which included discussions with government departments, local private nature reserves, training on prior, informed consent, and development of the traditional knowledge commons pool – a platform to share knowledge among themselves. Participants discussed the future workplan and various ideas and activities to address their priority concerns.

Kukula Healers Review 2012 & Plan for 2013

On 6-7 December 2012, Gino Cocchiaro (Natural Justice) attended a meeting of the Kukula Traditional Health Practitioners Association in Thulamahashe, South Africa. The Kukula Traditional Health Practitioners, a group of over 300 traditional health practitioners who developed a biocultural community protocol (BCP) in 2009, were meeting to discuss and evaluate their activities completed in 2012 as well as highlighting their aims for 2013. 

Accomplishments from 2012 included: registering as a NPO in South Africa; drafting a code of ethics for all members of the Kukula Association; creating a traditional knowledge common pool where individual knowledge is shared amongst members and with a local cosmetics company interested in the research and development of the knowledge; and collaborating with  Kruger National Park in its anti-rhino poaching efforts. In 2013, Kukula members plan to update their BCP to reflect legal developments and new priorities, to continue to develop their relationship with the cosmetics company towards and access and benefit sharing agreement, to continue to work for formal recognition as traditional health practitioners, to distribute copies of the code of ethics to all members, and to continue to support anti-poaching efforts.  The Kukula Association are also members of the African BCP Initiative and will continue to to seek the protection and growth of their knowledge, culture and the conservation of biodiversity in their area. 

Download the Kukula BCP here. 

Bushbuckridge BCP Review and Code of Ethics Drafting

Faced with discrimination, the unauthorised use of their traditional knowledge and genetic resources, and the overharvesting of the plants with which they sustain the health of their communities, the members of Kukula Traditional Health Practitioners in Bushbuckridge, South Africa, organised themselves in 2009 and drafted a biocultural community protocol (BCP). The BCP asserts their role in maintaining community health, preserving culture, and protecting community knowledge and biodiversity. 

On 8-9 February, 2012, the 30-member management committee of Kukula gathered in Bushbuckridge to assess their BCP and to draft a code of ethics to guide all of their members’ practices. The gathering was facilitated by the chairperson of Kukula, Rodney Sibuyi, and by Natural Justice with support from the management committee of the Kruger-to-Canyons Biosphere. The meeting was part of the Africa BCP Initiative which is funded by the ABS Capacity Development Initiative, OSISA, the Christensen Fund, the Shuttleworth Foundation, and OPEN A.I.R.

TK Commons Meeting in Cape Town

On the 31st January representatives from the Bushbuckridge Traditional Healers’ Association, lawyers working on issues around traditional knowledge (TK) from Kenya and Ghana, and Natural Justice gathered in Cape Town with support from the Open A.I.R. Project. The theme was “Non-Traditional Users of TK—Opportunities and Challenges Around Compliance”. Breakout sessions delved into the definition of TK commons, methods of pooling and sharing TK, TK practioners and their issues, external links to non-traditional users of TK, and existing and future policies around TK. Interviews with the healers from Bushbuckridge on the challenges they have faced in managing the sharing of their TK informed much of the discussion. 

Looking forward, the representatives looked to build on the successes of the Bushbuckridge community. As communities in Ghana and Kenya move forward with their development of TK commons, participants will support the development of linkages between these communities and the Bushbuckridge healers. They will also continue to look for ways to creatively collaborate to analyse and shape laws and policies around TK based on experiences at the grassroots level.

Makuya Co-operative

The Makuya Traditional Healers Worker Primary Co-operative Ltd is a cooperative of traditional healers from the Makuya region of Limpopo.. In 2004 they successfully petitioned Chief Makuya to allocate 200 hectares to the group for the purpose of medicinal plants conservation. Since then they have been building partnerships with key local stakeholders, including the Kruger National Park, the Department of Health and Social Development, the South African Police Service, the Limpopo Department of Economic Development, Environment and Tourism, the Limpopo Business Support Agency. Natural Justice supported the Makuya Traditional Health Workers Primary Cooperative to submit a proposal to the UNDP-GEF Small Grants Program. After two visits to the region a proposal on the “Conservation and sustainable use of medicinal plants in the Makuya region of Limpopo to develop healthcare, livelihoods, environmental education, bio-trade and bio-prospecting opportunities and bio-cultural tourism” was submitted. In December 2010 the group was awarded the grant, which is currently in the process of being implemented.

Natural Justice Consults

Next to its regular activities, Natural Justice consults NGOs, local and national governments as well as international organizations on issues that are related to the core of our activities.

Biocultural Community Protocols in the Headlines

Natural Justice's work in India has been recognized by the Union Health Ministry's AYUSH department. The Times of India reports that a task force will be set up to provide legal recognition for development of traditional healthcare practitioners. AYUSH is considering establishing an inter-ministerial working group in consultation with the Ministry of Environment and Forests for capacity-building of local communities to develop Bio-cultural Community Protocols (BCPs) which affirm communities' rights to the customary use of their natural resources and to regulate access to their traditional knowledge and genetic resources according to free, prior and informed consent. Click here for the link to the article.

Bio-cultural Community Protocols in India

Kabir Bavikatte and Harry Jonas worked with two communities in India to develop bio-cultural community protocols in mid August. We worked with traditional healers in the Valli region of Rajasthan and with the Malayali Tribes in Tamil Nadu and their support organizations (Jagran Jan Vikas Samiti and the Foundation for Revitalization of Local HealthTraditions) to set out the natural resource base and bio-cultural foundations of their traditional knowledge. We developed protocols for each group to assist them and their support organizations to securetheir rights to access forest resources and to ensure that any use of their knowledge is in accordance with their bio-cultural values. The protocols are available on the website.

K2C Visit Proves Productive

Johanna von Braun and Harry Jonas attended a meeting at Vukuzenzele on the 23rd of July at which the Bushbuck Ridge Traditional Health Practitioners elected an executive committee. Subsequently, they convened a workshop on the 27th and 28th in partnership with the Biosphere Committee for the executive members plus ten others from the group to develop a biocultural community protocol.
They also visited a group of traditional health practitioners from the Venda community based on the North western boundary of the Kruger Park to discuss their progress towards establishing a medicinal plants conservation and development area (MPCDA)Natural Justice has been asked by the community to work with them towards a GEF grant to fund the MPCDA and to establish a project to grow African vegetables. The visit took place in July 2009, and forms part of ongoing work in this area.