2nd September 2021
Bukie Marvin Motlhabane
The value of traditional knowledge can be harnessed by government policies, procedures and systems being able to recognize the innovation of indigenous people in using plants, to treat animals, humans as well as all resources that form an important part of the ecosystem.
With appropriate capital, trust, information, research, empowerment, networking, social capital, technology and market access, Botswana and its indigenous people especially those belonging to the Central Kalahari Game Reserve (CKGR) could be epicenter of medicinal and treatment discoveries.
A retired associate lecturer in environmental education, and head of department languages and social sciences at the University of Botswana(UB), Professor Mphemelang Ketlhoilwe indicated that most of the knowledge on modern medicinal plants knowledge originate from indigenous people.
That knowledge was appropriated without due acknowledgement and benefits sharing with indigenous peoples by dominant tribes, who are supposed to be the right holders.
He argued that Indigenous people ought to be considered as partners of development and should be capacitated to work with states, investors and international companies in the pursuit of sustainable development goals whilst recognizing the value of their generational knowledge.
This is a position that Government officials allege they embrace as one of the pillars of development process with social safety nets encompassing minority groups like Basarwa.
Asked to explain the country’s position on the protection of indigenous knowledge and innovation, Companies and Intellectual Property Authority (CIPA) Assistant Registrar – Industrial Property Ms. Malebogo Selemogo indicated that the Industrial Property Act, 2010 administered by Companies and Intellectual Property Authority (CIPA), protects traditional Knowledge (TK) at Part XII.
The Act promotes and encourages the registration of TK in an effort to curb exploitation by third parties. The Act provides all the information about the processes and procedures on protection.
Selemogo added that Botswana is party to the Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions of Folklore administered by the African Regional Intellectual Property Organization (ARIPO) which provides for cross boarder of IKS.
She further explained that Botswana has also developed the ‘Strategy on Indigenous Knowledge System’ through the Ministry of Tertiary Education, Research Science and Technology.
Despite these commitments by Government it is evident that a lot needs to be done in terms of not only protecting indigenous knowledge but developing policies that ensure sufficient economic reward.
The Indigenous World 2021 (Botswana) report explains that Botswana is a signatory to the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), on the Rights of the Child (CRC) and on the Elimination of all Forms of Racial Discrimination (CERD). It also voted in favor of the United Nations Declaration on the Rights of Indigenous People Convention No. 169 (ILO 169).
The report shows that there are no specific laws on Indigenous and Tribal Peoples’ rights in the country, nor is the concept of Indigenous People’s rights included in the Botswana Constitution.
With regard to policy issues the report reveals that there have been no changes in legislation involving Indigenous or minority communities in Botswana. Botswana has only drafted a mid-term review of its progress in implementing the recommendations received from other nations in 2018, when she took part in the Universal Periodic Review (UPR) process of the United Nations’ Human Rights Council.
Certain plants have been adopted and used as treatment by indigenous people like the Basarwa, either as a cure for a disease or a health supplement during hunting seasons where the hunter gatherers like Bushmen would go for days without enjoying a decent meal in the wilderness.
Government’s are therefore increasingly being encouraged to abide by international frameworks designed to enhance benefit-sharing and instill change in the context of the Nagoya Protocol take into Basarwa’s thinking, feelings and acts concerning nature.
Exploitation of indigenous knowledge systems by transnational companies for commercial benefit has also hurt knowledge systems of indigenous groups long marginalized by mainstream society.
For example, the famous Hoodia and Devil’s Claw (Sengaparile) plants are being used by profit driven transnational companies for commercial benefit without any benefit sharing.
Over many years the Bushmen discovered that the Devil’s Claw has multiple health benefits that range from treating obesity, osteoarthritis, relief from pain, supports digestion, and skin health.
Basarwa have also discovered that the dried Hoodia plant in powder form, can work ‘miracles’ as an appetite suppressant, helping accelerate metabolism and reduce cholesterol.
Experts believe the government of Botswana should do more to protect traditional knowledge so that they can also benefit from knowledge they have preserved from previous generations.
Ms. Selemogo revealed that Botswana has domesticated some international Conventions which cater for indigenous knowledge related matters. Some of these Conventions are the Convention on Biological Diversity (CBD), Convention on Safeguarding of Intangible Cultural Heritage amongst others.
A report by human rights organization Ditshwanelo-The Botswana Centre for Human rights however reveals that Botswana has accepted only 93 of the 207 recommendations made by other states.
A peer review found that only three recommendations had been implemented. Of the remainder, some progress was made on 54% of the recommendations, while 43% had not been implemented.
