Transcript Particulars of country

THE HOODIA BENEFIT SHARING
AGREEMENT BETWEEN COUNCIL
FOR SCIENTIFIC AND INDUSTRIAL
RESEARCH AND THE SAN
COMMUNITIES OF SOUTHERN
AFRICA, FOCUSSING ON THE
IMPACT OF THE AGREEMENT ON
COMMUNITIES AT GRASSROOTS
LEVEL
PARTICULARS OF COUNTRY
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Name : South Africa
Location : Southern tip of Africa
Population : +- 48 Million people of whom +6 000 is “registered” San
Intra – San sub-agreement provides,
however, for sharing of benefits with San of
neighboring countries, including Botswana,
(50 000) Namibia ( 36 000 ) and Angola and
possible other African countries (8 000 )
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MAP OF PARTS OF SOUTHERN
AFRICA
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ACTORS INVOLVED
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CSIR ( Council for Scientific and Industrial
research) and holder of P 59 patent
San peoples of Southern Africa,
represented in South Africa by the South
African San Council
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PARTICULARS OF GENETIC
RESOURCE
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Name : Hoodia
Gordonia
Description : A
dessert succulent
Natural habitat : Semi
– desert region of the
Kalahari in Southern
Africa
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UTILIZATION OF GENETIC
RESOURCE
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As an appetite and
thirst suppressant,
inter alia
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HOODIA IN BLOOM
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TYPE OF ABS AGREEMENT
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MOU, supported by
private contract
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AGREED BENEFITS FOR SAN
COMMUNITIES
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In recognition of San traditional
knowledge leading to new scientific
findings, which formed the basis of the
P59 patent, the CSIR agreed to
distribute to the San:
 8% of milestone payments received
by CSIR from licensee
 6% of all royalties received by CSIR
from licensee (Phytopharm in the
UK)
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METHOD OF BENEFIT
TRANSFER AND DISTRIBUTION
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CSIR to pay moneys into a bank account
of the San Hoodia Trust
The Hoodia Trust has responsibility to
distribute the moneys to San of South
Africa, Botswana, Namibia and Angola
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AGREED BENEFITS
REALISED TO DATE
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Two milestone payments
amounting to R560 000.00 (about
USD 100 000.00 ) has been made
Funds are being used primarily to
strengthen the institutional base
of the San Councils
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DIRECT CONTRIBUTION TO
POVERTY ALLEVIATION TO DATE
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No noteworthy
contribution to
date
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OTHER BENEFITS OF NONMONETARY NATURE – Secondary /
indirect benefits
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Improved cross boarder unity amongst the San, as well
as regained pride in their traditional knowledge and
intellectual property
“World fame”, accompanied by increase in visits by
tourists and researchers to Southern African San
Communities, which impacted positively on community
cultural tourism projects
Improved self esteem and courage , with positive
influence on many other dimensions of their lives.
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Secondary benefits continued
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Quantification / concrete proof of the material value
of traditional knowledge of San
Implementation of strategies to safeguard all
aspects of traditional knowledge and intellectual
property (e.g. San media and research contract )
Improved organization and negotiation skills within
some leadership structures.
Strengthened cross border cohesion, and thus
political bargaining power.
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OTHER BENEFITS – Optional nature
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A joint bioprospecting agreement through which
CSIR will assist San with compilation of database of
other traditional/medicinal plant knowledge with
possibility of future research and product
development.
Technological infrastructure (medicinal plant
extraction laboratory and botanical supplies unit )
erected at CSIR premises, benefiting S. A. as a
whole
Other possible benefit sharing agreements with
other role players ( Hoodia growers association of
South Africa )
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FACTORS WHICH DETERMINES THE
IMPACT ON THE EFFECT OF BENEFIT
SHARING ON POVERTY ALLEVIATION.
 Volume of money received
 Appropriateness of benefits ( should be
culturally appropriate and address land rights,
support for commercial farming with genetic
resources, conservation promotion initiatives,
proper land use plans as well as education,
training and health promotion )
 Beneficiary characteristics / Profile
 Government anti - poverty sentiments / policies
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$50 million + Beneficiary disorganization =
$100 million + Beneficiary disorganization = $
0 million
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Level of poverty within a beneficiary community, strength of
community cohesion or conflict, skills level and available
administrative infrastructure of those responsible for
implementation of development projects in a community, the
inclusivity and the quality of the community consultation
process that the leadership engaged in before, during and after
the signing of a benefit-sharing agreement, which will inform the
community` s perceptions about the fairness of the distribution
of benefits, are crucial to the proper utilization of the benefits
and could neutralize the poverty relief impact of benefit sharing ,
or lead to even greater poverty in a community, even if all other
factors at all other levels contributes favorably towards poverty
alleviation.
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LESSONS LEARNT TO DATE
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Indigenous peoples can develop their own
mechanisms, structures and leadership to
protect knowledge about genetic
resources.
If they organize and strategize well and
wisely, people need not wait for
governmental legislative measures to
protect their rights and interests, but
rather set the pace for it to happen
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CHANGES AT ALL LEVELS TO BE
CONSIDERED, IF NEEDED
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Legislation and policies on all levels to be
accompanied by regulations / measures to
ensure:
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Agreements are only signed after proof of a
consultative and community participatory
process can be provided.
Strategies have been adopted for ongoing
consultation and information sharing within
beneficiary communities.
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CHANGES CONTINUED
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Milestones and planning activities are time bound and
properly monitored to ensure adherence to agreed
upon time frames.
Easy / uncomplicated and transparent processes are
followed to ensure a fair amount of easy access to
moneys
Project planning methodology are adhered to, to
ensure that the disbursement of funds takes place in
accordance with approved project/ development plans
and are timeously monitored and evaluated, to ensure
that the money gets to where the needs are.
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CHANGES CONTINUED
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All role players who have poverty alleviation at
heart, should adopt as many as possible other
strategies, besides these embedded in the
existing benefit sharing agreements, to
empower poor / indigenous communities, and to
provide them with economic and other
opportunities, to ensure that they share
equitably and justly, in the riches that result
from the utilization of their traditional knowledge
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ACKNOWLEDGEMENTS
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Minutes of meetings and other documents
pertaining to the San benefit sharing
agreement, provided by Roger Chennels,
SASI`s legal advisor
GDI Document on ABS, An Instrument for
poverty alleviation, compiled by Gudrin
Henne, Klaus Lebig , Andreas Drews and
Thomas Plän –November 2003
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CONTACT DETAILS
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Name: Grace Humphreys
Position: Regional Coordinator
Organization: South African San
Institute
Address: 1 Suurlemoen Road,
Upington, South Africa
Tel : +27 54 3391366
Fax: +27 54 3391477
E-mail : [email protected]
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