Thursday, 23rd November 2006
9.00 – 9.30
Presentation of the “Draft Vision” of Task Force 3 (local communities and civil society)
Facilitator: Dr. Gudrun Henne
Comments by participants and handing over to the mixed stakeholder group.
9.30 – 10.30
Presentations of the answers on the research questions about the San-Hoodia case
Facilitator: Dirk Jung
1. Who owns Hoodia, who owns the associated knowledge?
- Biological resource
- country’s sovereignity held in trust
- ownership depends on land ownership too
- Genetic Resource
- CSIR patent on P57
- Knowledge
- from a legal perspective (public domain)
- on the basis of CBD and equity principles and customary practice- belongs to SAN people
- But two other groups are claiming customary ownership.
2. Who provides Hoodia?
- Landowners: with permits
- harvesting permits
- export licenses
- Illegal collectors
- without harvesting permits
- Phytopharm cultivating Hoodia
- Other private co-ownership
3. How is Hoodia being used and how is value added by whom?
- Uses
- Appetite suppressant
- Weight loss
- In fighting obesity
- Value added by whom
- CSIR does research and development (identify, innovations)
- Pharmaceutical companies
e.g. Unilever uses it in dietary foods
Comments:
- Value added should be designed to improve peoples' (San community) needs not just profits.
- Traditional knowledge concerning the hoodia is only focused as an appetite suppressant and will not be protected if tomorrow it will be commercialised as a cosmetic product.
4. What are the mechanisms for benefit-sharing?
- San share:
- San gets 6% of royalties
- 8% of milestone income
- Procedure:
- Money is paid into SAN Trust => no individual benefits
- Characteristics of the agreement:
- IPR remains exclusive to CSIR
- Prohibited to enter other arrangements with 3rd parties
- Commit to conserve Biodiversity and Best practice => non-monetary benefits
Comments:
- Royality is paid to CSIR for using the patent in commercial activities.
- Milestone payments can be understood as certain stages that if reached, e.g. P57 discovery and isolation, benefits will be paid to the San community independent whether or not the company has made any viable profits.
5. What are the benefits being realized today, for how and for whom?
- Networking among countries
- South Africa
- Angola
- Namibia
- Learned the skills for negotiation
- Education and enlightenment
- Learning process has been established
- The communities are more organised to negotiate their rights
- Through collaboration and cooperation with the partners
Comments:
- The monetary benefit should be added: 200.000 R for the SAN community in South Africa.
6. Which stakeholders are actively involved and what is their role and relation?
- Phytopharm, Unilever, Pfizer
Role: Commercialisation - Brings product to Market
- Pays royalities to CSIR
- CSIR
Role: Patent holder - Pay 6% of royalities to the Trust
- Trustees for the fund
- Hoodia San Trust
Role: Administration of the Trust Fund - San Council, San community
Role: Beneficiaries - Owners of the knowledge
- Trustees for the Fund
- Southern African Hoodia Growers Association
Role: Providers of Hoodia
Comments:
- The relationship with WIMSA and all the other SAN related organisations.
- New declaration of the San people from September will perhaps move them in their importance as a stakeholder up.
- In the council each regional group of San is represented.
- WIMSA is the umbrella organisation that unifies all the SAN people.
7. What kind of capacity building do the different stakeholders need?
- San Communities
- Training in negotiation skills
- Resource Management and Mobilisation
- Interpreneurship skills training
- Commodification: IPR & PR
- San Council
- financial traceability
- training in procedures required to spend the money
- Government
- Adress CBD and national ABS legislation
- Negotiation Skills
- Public Private Partnerships
- Private Sectors
(CSIR, Phytofharm, donor community, Southern African Hoodia Growers Association) - The value of traditional knowledge
- The CBD provison especially on ABS issues
- Following national legislation
- Networking: Skills and equipment
10.30 – 11.00
Coffee Break
11.00 – 13.00
Presentation of the Tai National Park Project, Ivory Coast
Facilitator: Esther Mwaura-Muiru
Presentation by:
- Suhel al-Janabi, GeoMedia Consult, Germany
ABS-plus Agreements – A Potential for Sustainable Funding of Protected Area Management?
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868 kB |
Participants were asked to exchange ideas in groups and to propose appoaches on how an ABS-plus Agreement could become a funding source for the management of the Tai National Park:
What | Who | Roles and contributions | When | Special Support |
Finalize ABS legislation | Government Local communities Park management authority | Policy guidelines to contribute to the development process | April 2007 | Technical Funding |
Awareness rising of all stakeholders |
| Look for funds and implementation |
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Resource evaluation | Government Local scientists Local communities International cooperation partners | Government: spearhead process Local scientists: carry out ground evaluation of resources Local communites: provide knowledge | Within 6 months once fees and funds become available. | Funding Technical expertise awareness raising to obtain community buy-in to process |
Resource valuation and knowledge associated with vitilization |
| To look for funds and implementation |
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Consider alternative management options |
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13.00 – 13.45
Lunch Break
13.45 – 14.30
Vision Building as a Management Tool”
Facilitator: Dr. Gudrun Henne
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876 kB |





