Ryan Swano
With a major overhaul of the Khoi & San Rooibos Tea Benefit Sharing Scheme on the cards in terms of how money will be distributed, we at Bruinou.com are aware of the fact that there are many Khoi & San leaders and activists who express their misgivings about the process thus far that brought about the the implementation of the rooibos traditional knowledge benefit-sharing agreement signed in November 2019.
The voices of those who are unhappy with the current dispensation are many and varied; mostly to be found on social media posts.
However, for the purposes of this article we will be looking at what the government and those structures that are offically involved are saying about the upcoming plans to overhaul the Khoi & San Rooibos Tea Benefit-Sharing Scheme.
According to a statement by the Department of Forestry, Fisheries and the Environment, the payment of just over R12,2 million to the San and Khoi people of South Africa is a significant milestone in the implementation of the rooibos traditional knowledge benefit-sharing agreement signed in November 2019.
“The payment of the monies to the two communities is a significant measure of the success of the work being done by the department with sister departments and all relevant stakeholders to successfully implement this pilot phase of the first industrywide traditional knowledge benefit sharing agreement between the rooibos industry and the Khoi and San communities,” said the Minister of Forestry, Fisheries and the Environment, Ms Barbara Creecy.
The department had played a key role in the nine-year negotiation process that saw the signing of the agreement that is now one of South Africa’s success stories in the implementation of the National Environmental Management: Biodiversity Act (NEMBA), the Access and Benefit-Sharing Regulations (BABS Regulations) as well as the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of the Benefits Arising from their Utilisation (in short the Nagoya Protocol on ABS).
Long History of Rooibos Commercialisation
Because rooibos has a long history of commercialisation in South Africa, it was deemed important for the rooibos industry to comply with NEMBA and the associated BABS Regulations. Thus the 2019 industrywide agreement which entails the one-year pilot through which the San and the Khoi people will receive 1.5 percent of the farmgate price from the 10 rooibos industry processors. This payment is done in the form of an annual levy.
An amount just over R12,2 million generated in the first year of farmgate purchases was paid into the Bioprospecting Trust Fund/Suspense account before being transferred into the two community trust accounts established by the South African San Council and the National Khoisan Council. The money received by the department has been shared equally between the two respective communities with the Khoi-Khoi Peoples Biodiversity and Rooibos Trust and the Andries Steenkamp ABS Trust each receiving R6 138 961. 25. These monies only relate to the rooibos benefit-sharing agreement.
The two councils are presently finalising processes and procedures on how the money received will be distributed across the Khoi and San communities.
Protecting Traditional Knowledge and Related Biodiversity
The Andries Steenkamp Benefit-Sharing Trust will share the benefits with the San communities to assist with their endeavours to protect their traditional knowledge and related biodiversity. The funds received will also be used to protect their cultural heritage, to advance education and development within the community and to improve their livelihoods with respect, honesty, fairness and care. Community structures are to be assisted to develop governance structures before the benefit is shared.
The Khoi-Khoi Biodiversity Trust is developing a comprehensive plan to distribute the funds in a way that will secure equity and fairness to all. It will be guided by a set of principles and policies, and communities will only be able to access funds by submitting a formal business plan to the CEO of the trust. This process will be communicated to the different community structures and be followed up by workshops.
WATCH: The Rise of Small Scale Rooibos Farmers in the Khoi and San Communities
Since the signing of the rooibos benefit-sharing agreement, the department jointly with the rooibos industry and the communities developed standard operating procedures for levy collection through the appointment of a Levy Administrator. This ensures that the systems and procedures needed for the successful collection and verification of the agreed 1.5% levy on farmgate price of rooibos purchased.
Natural Justice
Natural Justice, a South African NGO working to defend the rights of indigenous communities, has been working for many years with the Ministry of Environment, Forestry and Fisheries to convince the rooibos industry to sign a benefit sharing agreement with the San and Khoi people. The agreement, that was launched on November 1, 2019, recognizes the San and Khoi people’s claim to the rooibos plant as traditional knowledge, and features a provision for adequate compensation for its exploitation and commercialization.
The first foundation for this agreement came through the Convention on Biodiversity (CBD), which provides guarantees for “the fair and equitable sharing of the benefits arising out of the utilization of genetic resources” such as Rooibos. This was supplemented by the Nagoya Protocol, the writing and signing of which Natural Justice helped achieve, which regulates how the CBD is implemented at a national level, and “creates incentives to conserve and sustainably use genetic resources, and therefore enhances the contribution of biodiversity to development and human well-being.”
Development of New Processes
The Department of Forestry, Fisheries and the Environment has further initiated a process to review the terms and conditions of the rooibos industry-wide benefit-sharing agreement, which includes consultation with all parties linked to the agreement. A process to appoint an independent service provider to consider transactions related to the existing agreement is being finalised. The review process will also involve the appointment of an independent service provider to develop a non-monetary benefit-sharing model for consideration by the communities and the rooibos industry for future negotiations.
Further, this pilot phase has allowed government to gather accurate data on the dynamics of the rooibos industry. This includes information on opportunities for transformation, the composition of the farmers and other role-players across the value chain, as well as market and trade information related to the sale of rooibos locally and internationally.
Innovative Solutions are Required
Minister Creecy has reaffirmed that for fair and equitable benefit-sharing interventions to work, the commitment of all people involved in the sector in South Africa and abroad was needed.
“We recognise that innovative solutions are required to address the fair and equitable sharing of benefits derived from the utilisation of genetic resources and the traditional knowledge associated with its use. Amongst these is partnerships between industry and communities to ensure that our national and international biodiversity commitments are met,” said the Minister. “With a suitably-negotiated and concluded benefit-sharing agreement in place, the issuing of the associated bioprospecting and biotrade permits is more efficient. Without it there would be no contribution to the socio-economic growth of the two communities.”
The minister has once again emphasised that the sustainable utilisation of natural resources, such as rooibos, needs to happen in a way that includes the conservation of such species so that they are available for the benefit of present and future generations.
Enhance Land Ownership
We at Bruinou.com believe that any new developments in the Khoi & San Rooibos Tea Benefit-Sharing Scheme should remain in line with the prnciples of natural justice. Equally important it should enhance the level of Land Ownership that the Khoi & San communities involved in rooibos cultivation are entitled to.
Currently among the Khoi & San rooibos farmers the vast majority of not all, are small scale farmers cultivating rooibos on land leased from white land owners. There needs to be a clear pathway that will lead to real land ownership for these Khoi & San rooibos farmers.
For an industry worth 1.5 Billion Rand annually, the few millian Rands that are funneled into the Benefit Scheme is just drop in the ocean.
Whatever future amounts for the scheme may be, what is more important are that there be efforts to grow Land Ownership for the Owners of the Rooibos Traditional Knowledge.
