Indigenous Knowledge: The San and the Hoodia Roger Chennells South African San Institute.
Transcript of Indigenous Knowledge: The San and the Hoodia Roger Chennells South African San Institute.
Indigenous Knowledge:The San and the Hoodia
Roger Chennells
South African San Institute
The San Peoples
• 100,000
• Five countries
• First Peoples
• Several languages
The Plant
• Succulent
• Kalahari
• Traditional Knowledge
• Patent P57
• Other patents
The Product
• Appetite suppressant
• Still in development
• Huge black market
• Health foods additive/ supplement
Hoodia as ‚product‘ time Line1933 San provide medicinal information to researchers who
record it in books
1963 Hoodia plant research starts at CSIR
1980s Active ingredient identified
1996 Patent granted to CSIR
1997 CSIR licences to Phytopharm & Pfizer
2001 WIMSA challenges the CSIR
2003 1st B/S Agreement signed with CSIR
2007 2nd B/S “ signed with S A Hoodia Growers
2008 Bioprospecting regulations promulgated
San begin struggle to enforce compliance
Policy Challenges
• Enforcing compliance with CBD
• Conservation of wild Hoodia
• Divergence in National Laws
More policy Challenges
• Implementation of Benefit Sharing
• Legal vulnerability of Indigenous Peoples
Compliance challenges
• Cites legislation
• Provincial and national competences
• Interprovincial and international piracy
• South Africa and Namibia not aligned
• Namibia not yet recognising San’s indigenous knowledge rights
• Hoodia Industry receives little national support in South Africa
• Success of Hoodia threatened by local failure to establish coherent strategy
Indigenous knowledge issues for the San peoples
• Whether to record indigenous knowledge on a “public domain” data base ?
• Rapid loss of indigenous knowledge systems
• Western knowledge systems do not encompass indigenous knowledge
• Whether to use IPR system (patents, copyright, etc) to manage and exploit Indigenous Knowledge
• How to protect vulnerable heritage?
THE SAN AS A “VULNERABLE” PEOPLE?
• Are indigenous peoples (IP) “vulnerable” by definition?• Do “normal” rules of engagement apply for research or
commerce?• Should outsiders acknowledge and respect IP “cultural”
rather than “western” approaches to
a) leadership?
b) private ownership?
c) timing of negotiations and reaching of consensus?
d) representation on legal issues?
e) the “benefits” associated with benefit sharing?
f) good governance ?
THE San Hoodia Benefit Sharing Trust
WHO OWNS HER KNOWLEDGE?
Thank you for your attention!