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!