The South African Rooibos Journey : the importance and role of BCP’s during ABS negotiations Stanley Peterson 4 Aug 2020 info@naturaljustice.org / www.naturaljustice.org
The Khoi-Khoi and San Peoples of South Africa “People are not things, because things have a price and people are priceless”
The Khoi-Khoi and San Peoples of South Africa We are the Khoi-Khoi and San Peoples of Southern Africa represented by the National KhoiSan Council (NKC) & San Council Khoi-Khoi San (“Hottentot”) Cape Khoi Khwe Khomani Xum Xam Griqua Nama Koranna (40 subgroups)
The South African Rooibos Journey timeline 2010 2012 2013 2014 2015 2016 2017 2019 • Neste patent • San Council & NKC • NKC develop • Traditional • In preparation • Negotiations • A specific • Singing of sign MOU to case initial BCP Knowledge for ABS between South Rooibos BCP industry-wide restore TK rights on study by negotiations, African Rooibos emerges as a Rooibos ABS natural resources Government on NKC reaches out industry & NKC priority – with agreement Rooibos to other ABS committee biological plant • Publication of confirming Khoi indigenous register Rooibos BCP & San as TK communities • Registration of holders (Cederberg belt KhoiKhoi communities) • NKC ABS People’s subcommittee Rooibos ABS negotiating Trust team focussed on Rooibos ABS
Rooibos Biocultural Community Protocol Rooibos BCP importance • as it confirms the Khoikhoi’s indigenous peoples traditional knowledge claim to Rooibos as shown by ancestral knowledge and history • confirms Collective Rights • BCP has legal recognition in South African Law – National Environmental Management: Biodiversity Act, South African Bioprospecting, Access and Benefit-Sharing Regulatory Framework, Indigenous Knowledge Act
ABS negotiations • National KhoiSan Council (NKC) & San Council came together in 2016 and decided to follow a FEAR Strategy • F = Face • E = Everything • A = And • R = Rise • NKC & San Council commenced negotiations with the South Africa Rooibos Industry regarding a Traditional Knowledge levy ABS agreement
ABS negotiations • Negotiations were difficult due to expert large legal companies representing the industry • However Natural Justice supported the NKC in a short space of time with international negotiation skills and exposure at international platforms locally and internationally • Following 9 years of negotiation, we reached a historic agreement in 2019 • Biodiversity trust was created for access and monitoring of the benefits
Reflections & achievements • Personal academic achievements • Mr Le Fleur, Chairperson of NKC, elected as Local Government Ward Councillor • Mr Poomoney launched BCP and secured funding • “ Our hardwork was recognized amongst our Communities and they trust in us”
Conclusion
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