The South African Rooibos Journey : the importance and role of BCPs - - PowerPoint PPT Presentation

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The South African Rooibos Journey : the importance and role of BCPs - - PowerPoint PPT Presentation

The South African Rooibos Journey : the importance and role of BCPs 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


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Stanley Peterson

4 Aug 2020

info@naturaljustice.org / www.naturaljustice.org

The South African Rooibos Journey: the importance and role of BCP’s during ABS negotiations

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The Khoi-Khoi and San Peoples of South Africa

“People are not things, because things have a price and people are priceless”

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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

Griqua Nama Koranna Cape Khoi (40 subgroups)

Khwe Khomani Xum Xam

Khoi-Khoi (“Hottentot”) San

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2019

  • Singing of

industry-wide Rooibos ABS agreement

  • Publication of

Rooibos BCP

  • Registration of

KhoiKhoi People’s Rooibos ABS Trust

2017

  • A specific

Rooibos BCP emerges as a priority – with biological plant register

2016

  • Negotiations

between South African Rooibos industry & NKC ABS committee

2015

  • In preparation

for ABS negotiations, NKC reaches out to other indigenous communities (Cederberg belt communities)

2014

  • Traditional

Knowledge study by Government on Rooibos confirming Khoi & San as TK holders

  • NKC ABS

subcommittee negotiating team focussed

  • n Rooibos ABS

2013

  • NKC develop

initial BCP

2012

  • San Council & NKC

sign MOU to restore TK rights on natural resources

2010

  • Neste patent

case

The South African Rooibos Journey timeline

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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

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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

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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
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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”

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Conclusion