AFRICAN INITIATIVE AGAINST MISAPPROPRIATION OF TRADITIONAL KNOWLEDGE

Have you ever wondered what Traditional Knowledge (TK) means? Does your community have Traditional Knowledge (TK)? What priority do you give to it, and how does it help bring about the development of your community and other communities around you? What steps do you take to protect it?

Today I would like to talk a little about Traditional Knowledge (TK) the focus being on Africa. Here are brief descriptions of living examples of Traditional Knowledge (TK) in Africa, how does Traditional Knowledge drive the development of Africans, and what mechanisms are in place to prevent misappropriation, misuse, and unlawful exploitation?

The meaning of Traditional Knowledge

Unfortunately, there is a negative perception among many people when they hear the words "Traditional Knowledge (TK)." Often, individuals associate TK with superstitious beliefs or outdated customs that are viewed as irrelevant or undesirable in the society.

The truth is TK is nothing rather knowledge, know-how, innovations, skills and practices which are used by indigenous and local communities over generations. These knowledge, know-how, innovations, skills and practices vary from one community to another, they continue to grow and exist from one generation to the next.

Examples of industries that can directly benefit from the fruits of Traditional Knowledge development include agriculture, medicine, tourism, and entertainment. In Africa, examples of Traditional Knowledge include the use of traditional farming techniques by many communities, such as crop rotation and intercropping, which enhance soil fertility and biodiversity. Additionally, the use of local plants and herbs for medicinal purposes, such as Moringa for nutritional and health benefits in Tanzania, as well as the Neem tree and Bitter leaves in Ghana, are further examples of Traditional Knowledge existing in Africa.

Another example of Traditional Knowledge is the use of natural materials, such as grass and reeds, by the Shona people in Zimbabwe to create functional and decorative items, showcasing their craftsmanship and artistic expression.

Regional initiative for the protection of Traditional Knowledge holders

One of the significant steps taken by African countries is the adoption of the Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions of Folklore. This Protocol was adopted at a Diplomatic Conference of ARIPO on August 9, 2010, in Swakopmund, Namibia, and it entered into force on May 11, 2015.

Criteria for the protection of Traditional Knowledge
Per the Swakopmund Protocol, for Traditional Knowledge to be protected must be:

  • i. generated, preserved and transmitted in a traditional and intergenerational context;
  • ii. distinctively associated with a local or traditional community; and
  • iii. integral to the cultural identity of a local or traditional community that is recognized as holding the knowledge through a form of custodianship, guardianship or collective and cultural ownership or responsibility. Such a relationship may be established formally or informally by customary practices, laws or protocols
  • Traditional Knowledge ownership among two communities in the same or different countries

    There are no formalities involved in the protection of traditional knowledge. However, it is common for two communities, either within the same country or in different countries, to possess similar traditional knowledge. The Swakopmund Protocol addresses this issue clearly. When two or more communities in the same or different countries share the same traditional knowledge, the relevant national competent authority of the Contracting States, along with the ARIPO Office, shall register the owners of the traditional knowledge and maintain the relevant records.

    Recognition of Traditional Knowledge holders

    This aims to ensure that indigenous and local communities maintain control over their knowledge systems. According to the Swakopmund Protocol, any person using traditional knowledge beyond its traditional context must acknowledge its holders, indicate its source and, where possible, its origin, and use such knowledge in a manner that respects the cultural values of its holders.

    Current Member states to Swakopmund Protocol

    The Protocol has nine contracting states, which are as follows: Botswana (March 28, 2012), Cabo Verde (January 27, 2022), Malawi (December 20, 2012), Namibia (February 11, 2015), Rwanda (July 16, 2012), The Gambia (February 11, 2015), Liberia (October 25, 2016), Zambia (August 28, 2015), and Zimbabwe (April 22, 2013).

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