Indigenous Knowledge & The Environment [Guest] (12c)

Question 1

Bioprospecting?

Answer 1

= the search for & development of new sources of chemical compounds, genetic material, and other useful products.

Question 2

Eg of Bioprospecting?

Answer 2

Khoisan people having a lot if IK about Rooibos plant, which result in the tea being commercially viable product like Five Roses.

Question 3

Bioprospecting legislative framework

Answer 3

• Bioprospecting is regulated through 4 legislations (in SA):
- Biodiversity White Paper.
- NEMA.
- NEM:BA (Ch. 6 & 7).
- BABS Regulations.

• Bioprospecting is also regulated internationally.

Question 4

Biodiversity White Paper?

Answer 4

= the fair & equitable sharing of benefits arising from Bioprospecting activities.

Question 5

NEMA stands for?

Answer 5

National Environmental Management Act.

Question 6

NEM:BA stands for?

Answer 6

National Environmental Management Biodiversity Act.

Question 7

BABS stands for?

Answer 7

Bioprospecting Access & Benefit Sharing.

Question 8

International legislations? (2)

Answer 8

• CBD Text (Incl. Nagoya Protocol).
• Bonn Guidelines.

Question 9

CBD stands for?

Answer 9

Convention on Biodiversity D

Question 10

What national legislation do the international legislations feed on?

Answer 10

NEM:BA

Question 11

IK providers?

Answer 11

= traditional healers.

Question 12

IK users?

Answer 12

= Research institutes.

Question 13

Partnership between the IK providers & IK users results in what?

Answer 13

Commercially viable product

Question 14

Permit system main function?

Answer 14

= system that regulates the process of using IK to produce a product.

Question 15

Specific IK plant?

Answer 15

L. javanica.

Question 16

Permit system?

Answer 16

= a legislative tool used to regulate Bioprospecting in SA through various requirements.

Question 17

Permit System requirements? (3)

Answer 17

• Prior Informed Consent (PIC).
• Benefit sharing agreements.
• Material transfer agreements.

Question 18

Permit System aims? (2)

Answer 18

• Facilitate the protection of IK and its holder through Fair & Equitable sharing of benefits from bioprospecting.

• Conservation and Sustainable use on biodiversity.

Question 19

Research problems? (2)

Answer 19

• No information on the effectiveness & efficiency at the Project level.

• Literature indicate difficulties in implementing the Bioprospecting Legislative Framework.

Question 20

Research questions study focused on? (3)

Answer 20

• Comparing & contrasting between National & International Legislation.

• Perceptions of IK providers, IK users and regulators on Bioprospecting & Permit System.

• Experiences of IK providers, IK users & regulators in the L. Javanica project and compliance with National (BABS regulations) and International legislation (Nagoya Protocol).

Question 21

Research methodology used?

Answer 21

Qualitative Research Methodology (Case study approach).

Question 22

Methods of data collection? (3)

Answer 22

• Questionnaires.
• Semi-structured interviews.
• Document analysis.

Question 23

How was data analyzed?

Answer 23

Thematic analysis.

Question 24

Research findings & discussion of RQ1? (6)

Answer 24

• Pros.
• Cons.
• IK providers are at the mercy of users of IK users.
• Difficulties in complying with legislation for IK users.
• Increased non-compliance for regulators.
• Difficulties in monitoring progress towards achieving the legislation’s intended aims.

Question 25

Pro?

Answer 25

= SA ABS legislation is aligned with the provisions of the Nagoya Protocol.

Question 26

Cons? (2)

Answer 26

• lack of definitions of terms uncertainly.
• lack of clarity in the legislation.

Question 27

RQ2 findings? (4)

Answer 27

• Protwction of IK and its holders.
• The inclusion of IK holders in decision-making processes.
• Awareness of relevant ABS laws by IK holders.
• Challenges with the administration of the permit system.

Question 28

RQ3 findings? (4)

Answer 28

• Permit administration processes presents a variety of challenges.
• Negotiating ABS agreements presents several challenges.
• The permit system is important as it ensures multiple benefits to stakeholders.
• L. javanica Project’s compliance with the Nagoya protocol.

Question 29

RQ1 Conclusion?

Answer 29

SA national legislation is aligned with International Legislation, multiple discrepancies in the national legislation.

Question 30

RQ2 Conclusion?

Answer 30

Permit system is facing a lot of implementation issues which results in the lack of protection of IK providers.

Question 31

RQ3 Conclusion?

Answer 31

Lack of clarity on “Fair & Equitable” which affects negotiations of benefit-sharing agreement putting IK providers at a disadvantage.