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In the past, we have often encountered a lack of justice and fairness. These include the theft of traditional San knowledge by researchers. At the same time, many companies in South Africa and around the world are benefiting from our traditional knowledge of selling native plant varieties without a sharing agreement, demonstrating the need for new compliance measures to ensure fairness. 61 15.While the health properties of Rooibos claimed by San and Khoi are not proven, at least 141 patents are pending or registered for various health applications (see Wynberg R. South African Journal of Botany 2017;110:39-51) [Google Scholar]. Closing and registration of the respective fiduciary deeds of the San Council and the National Khoi-San Council, which provide the DEA with copies taking into account the comments of the South African Rooibos Council (administrative component of the rooibos industry for this agreement). Nel is also concerned that the growing demand for restitution could lead the sector to withdraw from the market. “We think rooibos are special, but there are so many teas from all over the world. And we have to compete with everyone.┬áMartin Bergh, managing director of Clanwilliam-based Rooibos Ltd, says there is no evidence that khoisan rooibos tea drank, but acknowledges that they were aware of the plant and were using it for its medicinal properties.

Lesle Jansen, Director of Natural Justice`s Cape Town Hub – Program Director for Governance of Land and Natural Resources, led the work on the Rooibos case for natural justice. She played an important role in the design of the access-sharing and charitable agreement with the rooibos industry. This agreement translates international standards into national rules and means that “to commercially exploit Rooibos, benefits must be paid to the communities of Khoi and San of South Africa.” 11.Additional agreements on the distribution of small-scale services have been signed by the San Council of South Africa with individual companies, including HG-H (Pty) Ltd (Sceletium, see Box 1), Cape Kingdom (buchu), Nestle (rooibos), Puris (Pty) Ltd (buchu) and Zuplex (Pty) Ltd (rooibos, hoodia, buchia, buchu and others). 28.Heiveld Coooperative (www.heiveld.co.za/index.html) was founded in 2000 to represent members of the local Rooibos peasantry in the Cederberg region, known as Suid Bokkeveld. And Barend Salomo, who runs a cooperative of small farmers who will also benefit, says the money for his community won`t go far. He hopes the agreement can be adapted to offer higher dividends. “We don`t want to kill the industry, but it`s not fair,” he says. More than a century after commercial agriculture began on their traditional lands, the peoples of San and Khoi of southern Africa will participate in the benefits of the lucrative rooibos tea industry, as announced by the South African government on November 1. The 1992 Convention on Biodiversity (CDB) and its 2010 Nagoya Protocol have made progress in global policy-making.

They have combined concern for the environment with the obligation to address long-standing human injustices in access and use of biological resources. In particular, traditional knowledge of Aboriginal communities has not been used without equitable sharing of benefits. But 25 years after the adoption of the CBD, there has been no major agreement on the distribution of benefits, resulting in significant financial flows for Aboriginal communities. This changed with the signing of the Rooibos Benefit Sharing Agreement in South Africa, which is described in this document. According to the authors, the Rooibos agreement is a superlative in two respects. This is the largest agreement to date on the sharing of benefits between industry and Aboriginal peoples.


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