Biocultural Rights Journey with Rooibos 235
Khoikhoi communities in this journey of self-determination, affirmation and
recognition (ibid.).
As historical descendants of the Khoikhoi community and in their distinct
role as the traditional custodians of Rooibos, an elected representative from each
of the three farming communities joined the NKSC in this shared journey to
represent the Khoikhoi TK holders to Rooibos in these Rooibos negotiations
and associated BCP. In this way, they represented due beneficiaries within the
Rooibos benefit-sharing model on the Rooibos Access and B enefit-Sharing
Negotiations Team along with members of the NKSC, as well as members of
Natural Justice who had signed a Memorandum of Understanding with the
NKSC to support their advocacy, negotiations and BCP process. For the purpose
of organising benefit distribution, the Indigenous farming community representatives also served on the Khoikhoi Peoples Rooibos and Biodiversity Trust
which was registered in November of 2019.
Prior to joining in collaboration with the Cederberg Belt Indigenous farming
communities, the NKSC had signed a 50/50 Benefit Sharing Agreement with the
South African San Council around four key plant species (Natural Justice & the
ABS Capacity Development Initiative, 2018). In their joint negotiations around
benefit-sharing agreements for these various Indigenous biological resources, the
agreement was for the benefit to be shared equally. In this way, as the Cederberg
Belt Indigenous Farming Communities joined with the NKSC, the latter would
represent the 30 Khoikhoi communities, as outlined in the 1999 Status Quo
reports, together with the farming communities. The Khoikhoi P eoples R ooibos
and Biodiversity Trust was then responsible for distributing the funds, accruing to the trust, as per the Rooibos benefit-sharing model (National Khoi and
San Council & Cederberg Belt Indigenous Farmers Representatives, 2019).
Respectively, the San communities were represented by the San Council, given
that they first initiated this negotiations process, in the case of Rooibos, and
had already been concluding benefit-sharing agreement on behalf of San communities over the course of the last decade, since the Hoodia case (Chennells,
2012.). Beyond negotiations, the San decided to document, assert and protect
their TK through the South African National Recordal System, a national database which “records, documents, preserves and protects Indigenous knowledge
for the benefit of the communities of South Africa” (National Khoi and San
Council & Cederberg Belt Indigenous Farmers Representatives, 2019, p. 18;
Wynberg, 2017, p. 205). Their uses of Rooibos were officially recorded in 2017.
In their own right, the Khoikhoi communities decided to produce their BCP
as facilitated by the NKSC inclusive of representatives from the Cederberg Belt
Indigenous farming communities.
The BCP serves the purpose of providing a platform for the Khoikhoi to set
out the relationship of their communities with the Rooibos plant, in their role as
TK holders and “safeguard [their] resources and associated TK from being misappropriated” (ibid.). For one, given the colonial and apartheid legacies of challenges to access and exercise cultural traditions, this collective documentation
Khoikhoi communities in this journey of self-determination, affirmation and
recognition (ibid.).
As historical descendants of the Khoikhoi community and in their distinct
role as the traditional custodians of Rooibos, an elected representative from each
of the three farming communities joined the NKSC in this shared journey to
represent the Khoikhoi TK holders to Rooibos in these Rooibos negotiations
and associated BCP. In this way, they represented due beneficiaries within the
Rooibos benefit-sharing model on the Rooibos Access and B enefit-Sharing
Negotiations Team along with members of the NKSC, as well as members of
Natural Justice who had signed a Memorandum of Understanding with the
NKSC to support their advocacy, negotiations and BCP process. For the purpose
of organising benefit distribution, the Indigenous farming community representatives also served on the Khoikhoi Peoples Rooibos and Biodiversity Trust
which was registered in November of 2019.
Prior to joining in collaboration with the Cederberg Belt Indigenous farming
communities, the NKSC had signed a 50/50 Benefit Sharing Agreement with the
South African San Council around four key plant species (Natural Justice & the
ABS Capacity Development Initiative, 2018). In their joint negotiations around
benefit-sharing agreements for these various Indigenous biological resources, the
agreement was for the benefit to be shared equally. In this way, as the Cederberg
Belt Indigenous Farming Communities joined with the NKSC, the latter would
represent the 30 Khoikhoi communities, as outlined in the 1999 Status Quo
reports, together with the farming communities. The Khoikhoi P eoples R ooibos
and Biodiversity Trust was then responsible for distributing the funds, accruing to the trust, as per the Rooibos benefit-sharing model (National Khoi and
San Council & Cederberg Belt Indigenous Farmers Representatives, 2019).
Respectively, the San communities were represented by the San Council, given
that they first initiated this negotiations process, in the case of Rooibos, and
had already been concluding benefit-sharing agreement on behalf of San communities over the course of the last decade, since the Hoodia case (Chennells,
2012.). Beyond negotiations, the San decided to document, assert and protect
their TK through the South African National Recordal System, a national database which “records, documents, preserves and protects Indigenous knowledge
for the benefit of the communities of South Africa” (National Khoi and San
Council & Cederberg Belt Indigenous Farmers Representatives, 2019, p. 18;
Wynberg, 2017, p. 205). Their uses of Rooibos were officially recorded in 2017.
In their own right, the Khoikhoi communities decided to produce their BCP
as facilitated by the NKSC inclusive of representatives from the Cederberg Belt
Indigenous farming communities.
The BCP serves the purpose of providing a platform for the Khoikhoi to set
out the relationship of their communities with the Rooibos plant, in their role as
TK holders and “safeguard [their] resources and associated TK from being misappropriated” (ibid.). For one, given the colonial and apartheid legacies of challenges to access and exercise cultural traditions, this collective documentation