Rooibos Agreement

19.First source: Rooibos Council. Rooibos Industry Fact Sheet 2018; available (the last release is August 17, 2019). Second source: see Note 15, Wynberg 2017. Third source: Joubert E, by Beer D. Rooibos (Aspalathus linearis) behind the court gate: from herbal tea to potential phytopharmaceutical. South African Journal of Botany 2011;77 (4):869-86 [Google Scholar]. “Our dignity is restored to the land of our ancestors by recognizing our ancient traditional knowledge of the Rooibos of Khoikhoi. Our people are happy and our country is healed.¬†– Stanley Peterson, National Khoi – San Council San and Khoi of South Africa are both considered indigenous communities in southern Africa. 40 While anthropologists and archaeologists present a series of different theories, the ancient rock art of southern Africa is attributed to the San, mainly of hunter-gatherer origin, while khoi shepherds then invaded South Africa. 41 The TK study commissioned by the DEA (see timeline) confirmed that both groups had a traditional knowledge of rooibos. Benefit-sharing agreements in South Africa are governed by contract law, allowing parties to agree on the terms of their choice according to the NEMBA framework. The process of negotiating benefit-sharing agreements under the NEMBA must be overseen by the relevant ministry, south Africa`s Ministry of the Environment, and finally approved by the Minister. 62.Andries Steenkamp, former president of the San Council of South Africa, was a leader of unique personal integrity, who “poured in with some confidence and open curiosity, quickly understood and appreciated people on the other side of the table and began to be insulted personally” (see Note 39, Chennells 2019).

Andries was one of the main negotiators of the Rooibos agreement until his untimely death in 2016. In his honor, his name has been chosen for the RBSA Trust, which will benefit the San. 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.¬†This review paper, based on longitudinal research over the past 20 years, aims to introduce conceptual clarity and holistic analysis into an often emotional, shared and still closely framed debate. Exploring rooibos stories and traditional claims of knowledge, bioprospecting and patenting activities, and conservation requirements, this paper examines the range of topics that require special attention to access and benefit sharing in the rooibos industry, and proposes a more inclusive, environmentally friendly and equitable approach. After a thorough negotiation process, an agreement was finally reached on 25 May 2019. A benefit-sharing agreement must be concluded in the form of the Biodiversity Act (see last entry on 03/2019). But Willie Nel, a large rooibos farmer based outside Clanwilliam, says that if farmers are not able to recover the cost of the tax through higher prices, they lay off agricultural workers who, he says, are largely members of the third group that must help the deal.

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. Sense of access and distribution of benefits in the rooibos industry: towards a holistic, equitable and sustainable design. South African Journal of Botany 2017;110:39-51) [Google Scholar].

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