MEDICINAL PLANTS AND TRADITIONAL MEDICINES: TODAY, TOMORROW AND THE FUTURE

MEDICINAL PLANTS AND TRADITIONAL MEDICINES: TODAY, TOMORROW AND THE FUTURE
Khungeka Njobe
Biodiversity Sector Co-ordinator, National Research and Technology Project
Department of Arts, Culture, Science and Technology
Pretoria, South Africa, 0001

1.Introduction

My presentation will focus on selected current and future public policies and initiatives relevant to the topic of this workshop. I will also spend sometime talking specifically about the National Research and Technology project (NRTF) and how the project is addressing issues related to medicinal plants and traditional medicines. The NRTF project is an initiative that is being co-ordinated by the Department of Arts, culture, Science and Technology (DACST) and involves various stakeholders including government departments, research councils, private sector, non-governments organizations (NGO's) and community based organization(CBO's). It is aimed at the identification of research and technologies, and market opportunities that will be important for South Africa's Socio-economic development in 10-20 years' time. The project is, therefore, fairly long term focused. It has been divided according to 12 operational sectors. Those relevant to this workshop include Agriculture and Agroprocessing, Biodiversity, Environment and Health sectors.

2. The current policy environment in South Africa
Before I go into details about the operational aspects and issues that are being raised in the NRTF project, I would like to first briefly touch on the current policy scene.
Although the topic "Medicinal plants, and Traditional Medicines", encompasses various issues including health, research and technology (R&T), biodiversity, agriculture and even trade, I shall restrict my comments to policies and initiatives on biodiversity, indigenous knowledge systems, and science and technology.
Since the 1994 elections, South Africa has seen a myriad of policy papers and initiatives. Many of these are aimed at transforming, and re-alignment of departmental mandates to current socio-economic challenges. Setting the broad national guidelines are the Reconstruction and Development programme, a programme aimed at uplifting socially disadvantaged communities; and the macro-economic strategy, GEAR.
The White Paper on Conservation and Sustainable Utilization of Biological Diversity
The department of Environmental Affairs and Tourism in 1997 published the white paper on biological diversity. It is probably the first ever comprehensive policy paper on biodiversity in South Africa. It embraces many of the principles of the convention on biodiversity, and in a sense puts South Africa in line with other international countries around the issue of conservation and sustainable use of biodiversity.
The White Paper on Science and Technology
The white paper on Science and technology was published in 1996. The theme of the white paper is the establishment of a national system of innovation in the country. In the white paper, various initiatives aimed at "kick-starting" such a system are also announced. These include conducting a National Research and Technology Audit project, the NRTF, the Review of Science, Engineering and Technology institutions (SET's), establishment of an innovation fund and a National Council of Innovation.

The policy on Indigenous Knowledge Systems(IKS)
In the past year, debates on " indigenous technologies", "indigenous knowledge" or "indigenous knowledge systems" have received attention from the science and technology community in South Africa. These debates have prompted DACST to formulate a policy on indigenous knowledge systems. The policy is yet to be finalized.
The Indigenous Technologies Audit
This is a project that is being driven by the Parliamentary committee on Arts, culture, Science and Technology. It involves mainly the historically disadvantaged tertiary institutions, and the Council for Scientific and Industrial Research (CSIR) plays a co-ordinating role in this process. The project was piloted at the University of the North in 1996 and other Universities such as the University of Venda have since launched similar initiatives.

The objectives of the project are to:

1.audit indigenous knowledge,
2.identify that knowledge among those unearthed, which can be transformed into enterprises or industries and to embark on the creation where they were found,
3.ensure that the process of the audit contributes to the objectives of the vision of the African Renaissance.

The Innovation Fund
In order stimulation innovation in the country, DACST launched an Innovation to R90 million over the next three years. Multidisciplinary collaboration and benefaction of fauna and flora are some of the set criteria for selection of proposals.

3.The future.
Many of South Africa's policy papers are short-term focused. The NRTF which I introduced at the beginning of my presentation, is the only project thus far focusing on longer term.
3.1 The motivation for conducting a Foresight.
Some of the drivers behind conducting a Foresight project in South Africa include the following trends, issues and factors:
* Globalization
* Emergence of the knowledge society
* Impact of information technology
* The cost of doing research and development
* South Africa's own competitiveness
* Social development challenges

Foresight is one of the many tools that can be used to anticipate or influence some of the above trends. It can also be used to identify research and technologies including existing and market opportunities that are important for socio-economic development.

3.2 The operational aspects of the project
The project has been divided into 12 operational sectors, which include that on Biodiversity. Each sector has a working group, which is an operational arm of the sector. This group of about 20 - 25 people, is responsible for analysis of major issues, trends that will influence the sector in 10-20 years from now. They will formulate a sector research and technology strategy, a major output of the project.

Other role players include sector stakeholders. They can participate or influence the project via a survey. In this instance they will participate as individual experts. Organizations or associations that have an interest in sectors can participate in sector workshops, which are planning to conduct towards the end of the project. We are also in the process of putting together an information newsletter, which will be sent to stakeholders.

3.3 The Biodiversity Sector

The activities of this sector are currently underway. Unfortunately we are no close to finalizing the research and technology strategy for the sector. I shall today share with you some of the issues that are being addressed.
These issues include:
* Technology has been defined as "tools" that allow one to achieve goals. This definition encompasses also indigenous technologies.
* Lack of knowledge about biodiversity has been identified as important
* Conservation and sustainable utilization issues are also being addressed.
* Commercialization and value adding on biodiversity is also an important issue.
* Biodiversity and poverty.
* Indigenous knowledge systems and IPR issues.
* Political issues as national policy and international agreements.
* Impact of technologies such as information technology and biotechnology.

Each of the issues (except for the first point) has a subgroup that is tasked to identify the major issues, trends and drivers that influence the issue in 10-20 years from now. The sub-group then further identifies possible market opportunities or innovative solutions arising from issues, trends and drivers; new products or services; and technologies or innovations. The outputs of the subgroup will then be tested against future scenarios and then sent out to stakeholders in the form of a survey.

4.Conclusion.
The feedback we have been getting with various stakeholders countrywide, is that a process such as a Foresight is long overdue in South Africa. They see the process as giving a vision of where the country should be going. In a country where that there are various competing and sometimes opposing factors such globalization vs. national needs; developed world vs. developing world, therefore seen as forum in which some of these difficult issues can be talked about.
There is a need to table issues and formulate action plans on medicinal plants and traditional medicines, think also about the impact and opportunities that can be derived from factors such globalization and information technology (factors that will be important in the future) on your sector. Most scenarios about the future talk about that "knowledge" as an important commodity of the future. Value adding and packaging of knowledge on medicinal plants and traditional medicines in a way that will be attractive for future markets should be one of the issues addressed by this Network.

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Greetings to the Group,

Traditional Dr. Seth Seroka hit the nail squarely on the head. The
whole concept of Intellectual property is flawed in its application.
Such matters are better dealt with by copyright and some much needed
Bio-piracy legislation. The legislation in its current form may be
supported by legislators and the legal profession because it is a
convenient trough in which to dip the snout.

Surely in all of the weighty tomes that burden shelves all over the
world, there is hardly one volume (in whatever area is chosen) that
can make a valid claim to be original. Generally they are little than
the intellectual flowers of cultures and schools of thought, bound in
a new cover which has been presented from a different perspective.
For example Crick and Watson and the Nobel Glass Bead Game. One may
clearly see the imprint of Linus Pauling PhD, who also collected a
couple of glass beads for work, which by extension led to the DNA
discovery.

This is the usual way that knowledge is built, increment by
increment. Of course there are those discoveries that are made by
flashes of insight (The story of the Benzene ring) however the
insight is based on previous knowledge, which has been based on
earlier previous knowledge.

As it stands the situation described by Seth Seroka is the usual way
of it, dishonest dealing by the academic and scientific fraternity,
who then sell packages of it to the other dirty dog in the pack, such
as the pharmaceutical companies.

The only reason why such a bridle on knowledge is even contemplated
is because of a lack of ethics and a very rudimentary grounding in
morality.

Ivor Hughes.
Auckland NZ
www.herbdatanz.com

 

This is our regular bulletin highlighting recent research
publications on IPR issues.

The documents are available free on the web. If you are unable
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contact our editor at the email address given below.

NOTE: Some links in this bulletin are long (wrapping onto two
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the entire link into your browser to get to the intended page.

In this issue:
--------------------------------------------------------------

1. Implications of WTO/TRIPS in East Africa : with special
emphasis on pharmaceutical patents

2. The emerging global regime on genetic resources: its
implications for local communities

3. Protection of indigenous knowledge and possible methods of
sharing benefits with local communities

4. Farmers rights and intellectual property rights :
reconciling conflicting concepts


Document summaries:
--------------------------------------------------------------
1. IMPLICATIONS OF WTO/TRIPS IN EAST AFRICA : WITH SPECIAL
EMPHASIS ON PHARMACEUTICAL PATENTS

Author(s): Mwalimu, U. A.

Produced by: Economic and Social Research Foundation (ESRF),
Tanzania (2002)

What has the impact of the TRIPs agreement been in East
Africa? This study examines how patent protection relates
to the overall promotion and protection of human rights,
and socio-economic rights, in particular. The author
concentrates on pharmaceutical patent protection and the
new life saving drugs that should be available for treatment
of HIV/AIDS in the region. The main thrust of the study is
that East African governments should be aware of the human
rights implications of TRIPS so that they would be able to
structure their intellectual property systems in a way that
is consistent with their existing international human
rights obligations.

A brief historical background of multilateral trading
system with reference to intellectual property protection is
given, followed by an exploration of various provisions of
TRIPS and their relevancy in East Africa. A human rights
analysis of the Agreement is then covered, followed by a
discussion on pharmaceutical patent and access to HIV/AIDS
drugs in East Africa.

The paper concludes that the Agreement in East Africa is
likely to have an impact on people's access to food, health,
indigenous/traditional knowledge and technological
advancement. The major implications concerning access to
HIV/AIDS drugs are linked with the strengthening of the
monopoly of working conferred by a patent on its holder and
the extension of patent protection to all pharmaceutical
products and processes, which could have a significant
impact on accessibility and affordability of drugs in East
Africa. The author, however, suggests that a patent is not
an absolute right nor an end in itself, rather it
constitutes public policy tool with which to achieve
benefits for society as a whole. Recommendations include
the following:

* The governments, particularly of Tanzania and Uganda,
should make the fullest use of the transition period they
have been granted to prepare themselves for the
consequences of the implementation of the agreement.

* Compulsory provisions should be available and easy
procedures for granting a compulsory license should be in
place.

* National drugs policies and regulations should include
the right to shop globally for the best prices.

* Legal and institutional frameworks need to be devised to
foster pharmaceutical companies incentives to continue
research into new drugs while at the same time finding the
ways of improving access to drugs by the poor.

* Focus on alternatives to patenting that promote R&D for
drugs needed locally.

* Ministries of Health should request to be involved in the
revision process of patents laws from the beginning.

Available online at:
http://www.esrftz.org/global/output/glob007.pdf

--------------------------------------------------------------
2. THE EMERGING GLOBAL REGIME ON GENETIC RESOURCES: ITS
IMPLICATIONS FOR LOCAL COMMUNITIES

Author(s): La Vina, A.G.M

Produced by: World Resources Institute (WRI) (2002)

This briefing paper gives an overview of the emerging
global regime on genetic resources, with a special emphasis
on its implications for local and impoverished communities
world wide. It identifies the key issues, stakeholders,
processes and opportunities and outlines a strategy for
intervention.

The author identifies two levels of tension existing in the
debate over access to genetic resources:

* between providers of genetic material in the global south
and those countries of the North who have the requisite
scientific and technological expertise to utilise genetic
material

* between companies and research institutions, mostly from
the North, who want to have access to genetic resources and
local and impoverished communities of the South who would
like to get meaningful benefits from these resources.

The report identifies the relevant processes as being:

* the processes under the Convention on Biological
Diversity (CBD) on access and benefit sharing of genetic
resources and on the implementation of Article 8j (which
focuses on the innovations and practices of indigenous and
local communities);

* the recently adopted International Treaty on Plant
Genetic Resources for Food and Agriculture;

* the Doha work programme on the clarification of the
relationship between the CBD and TRIPS as it relates to
traditional knowledge.

And lists the issues as:
* Issues related to prior informed consent , including the
role of stakeholders

* Designing and implementing appropriate and effective
benefit sharing arrangements, including benefits for local
communities;

* Questions related to intellectual property rights and its
implications to holders of local and traditional knowledge.


The author argues that unlike the other stakeholders, the
voices of local communities, with the possible exception of
indigenous peoples, are not being effectively heard in
these ongoing global decision processes. If global ABS
decisions are made that would facilitate access to genetic
resources without the participation of such communities,
the emerging genetic resources regime could aggravate
existing threats to their resource tenure and control of
biological and genetic resources and their traditional
knowledge. However these processes offer a unique
opportunity for such communities to maximise the
compensation they could receive under benefit sharing
arrangements that are designed and implemented properly. A
strategy for intervention in the global processes relevant
to the emerging global regime on genetic resources could
therefore have the following goals:

* the adoption of global norms on transparency and public
participation in decision making

* the acceptance of the principle of free and prior
informed consent by local communities before states allow
access to genetic resources

* the establishment of benefit sharing mechanisms that
provide immediate, long term benefits to developing
countries and communities

* the creation of an international certification system
that could trace genetic flows and the circumstances under
which material were obtained and utilised.

Additional requirements for the process identified include:

* Local capacity building

* The building of alliances amongst local communities and
with sympathetic constituencies, including with scientists,
environmental organisations, other civil society
organisations and stakeholder groups.

Available online at:
http://pdf.wri.org/lavina_abs_workingpaper.pdf

--------------------------------------------------------------
3. PROTECTION OF INDIGENOUS KNOWLEDGE AND POSSIBLE METHODS OF
SHARING BENEFITS WITH LOCAL COMMUNITIES

Author(s): Sahai, S.

Produced by: International Centre for Trade and Sustainable
Development (ICTSD) (2002)

The first part of this background paper to the Multi-
stakeholder Dialogue on Trade, Intellectual Property and
Biological and Genetic Resources in Asia gives an overview
of indigenous knowledge in the context of the formal IPR
regimes. It outlining the core components of the existing
system giving examples to demonstrate the need for
protection of indigenous knowledge and the core problems
associated with the current system and listing the action
required at both national and international levels.

The author then highlights the potential commercial value
of IK based products in particular and looks at the process
of commercialisation of IK products in the agriculture and
pharmaceutical fields and giving examples of different
approaches to benefit sharing. The most substantial part of
the paper reviews legal and other initiatives for
protecting IK such as:
* legislative approaches
* conservation and protected areas
* Integration of IK into formal healthcare systems
* documentary approaches
* Sui Generis systems


Available online at:
http://www.ictsd.org/dlogue/2002-04-19/Sahai.pdf