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.

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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.

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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.

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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.

Mariam Mayet, Director of the African Centre for Biosafety, presented on her work with communities in South Africa to oppose and eventually defeat an attempt by German pharmaceutical giant Schwabe to file patents over the use of pelargonium for the treatment of coughs and Tuberculosis without obtaining the consent of the communities who are the holders of the traditional medicinal knowledge of pelargonium.

Following the presentation and discussion with members of the University of Cape Town, Natural Justice met with the Legal Resource Centre, the African Centre for Biosafety, and the Law, Race and Gender Research Unit to discuss how South African communities could protect their traditional knowledge in relation to the use of pelargonium.

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