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. 

Overview of Key CBD COP11 Outcomes

Kabir Bavikatte (left) and Holly Shrumm (Natural Justice)

discussing key issues in the negotiations towards a plan

of action on customary sustainable use. Photo via IISD-RS.

Natural Justice was recently in India for the 11th Conference of the Parties (COP11) to the Convention on Biological Diversity (CBD), which took place from 8-19 October in Hyderabad. In addition to a range of events and meetings, we actively participated in the negotiations, with particular emphasis on the draft decisions on Article 8(j) and Related Provisions, Sustainable Use of Biodiversity, and Protected Areas. Other key agenda items for which we provided technical guidance and coordination assistance through the CBD Alliance and ICCA Consortium included: Monitoring Progress on the Implementation of the Strategic Plan and Aichi Biodiversity Targets; Review of the Programme of Work on Island Biodiversity; Ecosystem Restoration; Marine and Coastal Biodiversity; Biodiversity and Climate Change; Biodiversity for Poverty Eradication and Development; Biological Diversity of Inland Water Ecosystems; Forest Biodiversity; and Agricultural Biodiversity.

The overriding emphasis of the negotiations was on setting the foundations for resource mobilisation and policy alignment for implementation of the 2011-2020 Strategic Plan and Aichi Biodiversity Targets. Amongst the 33 decisions adopted, there were many provisions of direct relevance to the work of Natural Justice and our partners.

A selection of relevant provisions include (in numerical order):

• Decision XI/1 (Status of the Nagoya Protocol on Access and Benefit Sharing): Parties to undertake and provide support for capacity building initiatives, including participation of Indigenous peoples and local communities in legal, policy and decision-making processes, and the development of community protocols;
• Decision XI/2 (Review of Progress in Implementation of National Biodiversity Strategies and Action Plans): Parties to include all stakeholders, including Indigenous peoples and local communities, in planning and implementing national biodiversity strategies and action plans;
• Decision XI/7 (Business and Biodiversity): Parties to help businesses assess and effectively address their impacts on biodiversity and on Indigenous peoples and local communities;
• Decision XI/14 (Article 8(j) and Related Provisions): under the section on progress in implementation, Parties to include in requests to the Global Environment Facility and Small Grants Programme and other donors support for Indigenous peoples and local communities to organise themselves, to develop community plans and protocols, to document, map and register their ICCAs, and to prepare and implement their community conservation plans; and to provide support to countries to strengthen recognition of ICCAs; 
• Decision XI/14 (Article 8(j) and Related Provisions): under the section on Article 10 and 10(c) as a major component of the programme of work, Parties decided that the three initial tasks for the new work on Article 10 and 10(c) are to incorporate customary sustainable use practices or policy into national biodiversity strategies and action plans; to promote and strengthen community-based initiatives; and to identify best practices to promote the full and effective participation of Indigenous peoples and local communities in the establishment, expansion, governance, and management of protected areas, to encourage the application of traditional knowledge and customary sustainable use in protected areas, and to promote the use of community protocols to affirm and promote customary sustainable use in protected areas;
• Decision XI/14 (Article 8(j) and Related Provisions): under the section on recommendations from the Permanent Forum on Indigenous Issues, Parties to further consider adopting the phrase "indigenous peoples and local communities" (instead of "indigenous and local communities") at the next Working Group on Article 8(j) and at COP12 in 2014;
• Decision XI/16 (Ecosystem Restoration): Parties to promote the full and effective participation of Indigenous peoples and local communities and the use of traditional knowledge and practices in appropriate ecosystem restoration activities;
• Decision XI/17 (Marine and Coastal Biodiversity: EBSAs): Parties to also use traditional knowledge and social and cultural information to help describe and identify ecologically or biologically significant marine areas;
• Decision XI/21 (Other Matters Related to Biodiversity and Climate Change): Parties to take into account traditional knowledge, innovations and practices when addressing the impacts of climate change;
• Decision XI/22 (Biodiversity for Poverty Eradication and Development): Parties to protect and encourage the customary use of biological resources and to promote biodiversity and development projects that empower women and Indigenous peoples and local communities; an Expert Group on the same topic will, among other things, develop a conceptual framework and guidance on how to assess the role of collective action and the efforts of Indigenous peoples and local communities in conservation, stewardship, and sustainable management of biodiversity and natural renewable resources, including exploring the role of non-market-based approaches;
• Decision XI/24 (Protected Areas): Parties to strengthen recognition of and support for community-based approaches to in situ conservation and sustainable use, including Indigenous peoples' and community conserved territories and areas (ICCAs), and support the development of local and international registries of ICCAs; to direct benefits arising from the use of genetic resources to enhance management and establishment of protected areas and share benefits with Indigenous peoples and local communities; and
• Decision XI/25 (Sustainable Use): Parties to build and strengthen capacities of Indigenous peoples and local communities to exercise rights and responsibilities to sustainably manage wildlife resources.

Further Information

The advance unedited version of all COP11 decisions is now available online. Daily coverage and a detailed summary report of the negotiations are available online courtesy of the International Institute for Sustainable Development Reporting Services (IISD-RS). The CBD Alliance and CBD Secretariat published the latest issue of their joint newsletter, [square brackets], for the beginning of COP11 and the issues remain relevant.

WIPO Indigenous Fellowship - Applications Open

The World Intellectual Property Organisation (WIPO) is seeking expressions of interest from indigenous individuals for the WIPO Indigenous Fellowship for 2013. The Fellowship seeks to build on a series of initiatives to ensure that Indigenous peoples are actively and effectively involved in the work of WIPO on issues that matter to them.

Fellows will work under the Director of the Traditional Knowledge Division of WIPO to assist in outreach to Indigenous peoples and local communities on intellectual property issues, contribute to and participate in the Secretariat of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, assist in planning and undertaking WIPO activities relevant to the UN Permanent Forum on Indigenous Issues, the Expert Mechanism on the Rights of Indigenous Peoples and the Special Rapporteur on the Rights of Indigenous Peoples, carry out relevant research and draft and prepare WIPO documents, and perform tasks that may be required in the context of the work of the Division. 

Applicants are expected to be recognised and active members of an Indigenous community, to have proven experience in Indigenous outreach, to hold legal qualifications or equivalent practical experience  with a preference for experience in intellectual property law, and to demonstrate the ability to work effectively in English (at least one other UN language would be an advantage). 

Find more details on the fellowship and how to apply here. 

New SANBio Guidelines

The Southern Africa Network for Biosciences (SANBio), which is under the New African Partnership for Africa’s Development (NEPAD) of the African Union, has released new Traditional Knowledge and Plant Genetic Resources Guidelines. Natural Justice’s Kabir Bavikatte served as an external reviewer of the guidelines. 

From the Executive Summary, “These Guidelines were developed as a result of growing concerns of a lack of policies and laws in several SADC countries that govern the use of TK, biological resources and benefit sharing, despite the fact that these countries have signed the CBD. As a result of these concerns, the African Ministerial Conference on Science and Technology in 2003 adopted an outline of a “plan of action” now known as Africa’s Science and Technology Consolidated Plan of Action (CPA). The CPA, as well as decisions by the SADC leaders, emphasized the need to develop a framework for strengthening the capacity to harness and protect biological resources, as well as those associated with traditional knowledge, by encouraging co-operation in science and technology through harmonized policies and regulatory frameworks.” 

The guidelines include sections on Traditional Knowledge, Access and Benefit Sharing, Recognition and Protection of Farmers’ Rights, Intellectual Property Rights, Stakeholders, and Cross-Cutting Issues. The guidelines can be accessed here.

E-Module on TK and Sustainable Use of Biodiversity

Natural Justice has developed a number of draft e-learning modules to support communities developing biocultural community protocols (BCPs) to increase their understanding of key international legal frameworks, concepts and programmes. These modules supplement ‘BCPs: A Toolkit for Community Facilitators’. 

The second module in this series examines international law’s recognition of and protections for communities’ traditional knowledge and sustainable uses of biodiversity. Traditional knowledge, innovations, and practices (often referred together as ‘traditional knowledge’) are developed and nurtured over many generations. They are underpinned by spiritual beliefs and customary laws that reinforce communities’ identities, cultures, and ways of life. They enable communities to live within the natural limits of specific territories, areas, or resources upon which they depend for livelihoods and wellbeing. They are also integral to Indigenous languages, spiritual beliefs, and culturally appropriate education, health, and nutrition. 

There are several international agreements that address traditional knowledge and customary sustainable uses of biodiversity. The focus of this module is the most prominent agreement, the Convention on Biological Diversity. From the outset of the Convention, the Preamble recognizes “the close and traditional dependence” of many Indigenous peoples and local communities on biological resources. Thereafter, two Articles in particular grant important rights to Indigenous peoples and local communities: Article 8(j) on traditional knowledge, innovations and practices; and Article 10(c) on customary sustainable uses of biodiversity. 

The module can be downloaded here. The BCP Toolkit can be downloaded here. The documents are not final and any comments can be directed to Holly Shrumm (holly (at) naturaljustice.org) and Harry Jonas (harry (at) naturaljustice.org).

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.

In reviewing the BCP’s impact, participants examined changes in their capacity to protect their knowledge, the potential for engaging in access and benefit sharing, the protection of their biodiversity and culture, their access to resources within protected areas, and recognition of their roles as healers from the government. Generally, participants felt that advances have been made in the capacity and willingness of Kukula members to harvest resources sustainably, in their access to resources within protected areas, in their current non-disclosure agreement with a cosmetics company that may lead to an access and benefit agreement, and in recognition of their roles by government. While they felt that changes were generally positive, many are moving very slowly. To increase the pace of these changes the community highlighted two interrelated objectives; increased organisation and cohesiveness and increased awareness at the community and government level of the role of Kukula members. 

The committee then outlined the broad themes they wanted to cover within a code of ethics for all members. They then broke into groups to draft guidelines for each theme and returned to the plenary session to debate these guidelines and endorse some of them as the full management committee. The draft guidelines address the responsibilities of Kukula members: the needed qualifications; the general principles around charging fees; the importance of hygiene around the workplace, tools used and medicines prescribed; relationships with patients, other healers and doctors, and with students; and disciplinary procedures. Natural Justice will now prepare a formal document with the draft guidelines and suggested modifications based on national and international law for the management committee to review and present to the full membership of Kukula.

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.