This
article explores the rich traditional knowledge of the people of Zimbabwe,
which is at risk of being lost over time. By comparing Indigenous practices
with modern advancements in medicine and technology, the writer highlights the
urgent need for intellectual property rights to recognize and protect
traditional and cultural heritage.
By Sanele Ncube: Masters of Intellectual Property Student at Africa University
Before modernization and technology, local communities found
a way to survive by developing their ‘Traditional Knowledge’ (TK) based on
their experiences and surroundings. That knowledge sustained various aspects of
their livelihoods, including health-related matters, food security,
biodiversity-related knowledge, and agriculture. WIPO defines this sort of
knowledge as “knowledge, know-how, skills and practices that are developed,
sustained and passed on from generation to generation within a community, often
forming part of its cultural or spiritual identity.”
From time immemorial, TK has been passed down from
generation to generation and constantly evolving. Still, we cannot
ignore that this knowledge is slowly being eroded due to modernisation and
technology. Perhaps we can make a recap of the colonial era with a particular
interest in traditional medicines: During the colonial era, traditional healing
practices were considered to be acts of witchcraft to the point that the
Rhodesian Government (as it then was) passed the Witchcraft Suppression Act
which penalized those who carried out traditional medical practices. The
government also considered it a crime for a medical doctor to consult with a
traditional healer or to refer a patient to a traditional healer. This
undermined the traditions of the local communities. These traditional practices
have always defined their livelihoods, identity and culture. Such sentiments
might still be lingering in some other people’s minds today, and they may be
playing a role in the erosion of the indigenous people's cultural heritage.
The traditional knowledge was most likely acquired in a
laborious and experimental way. Someone had to test/taste the Swartzia madagascariensis (Mucherekese in
Shona or Umtshakatsha in Ndebele) to ascertain its healing properties. This
could have also been achieved by studying the plant and the animals that ate
that same plant or by studying them in so many other ways. The indigenous
people had to take their time and apply their knowledge of the environment and
the knowledge they had gathered to conclude that the plant was suitable for
consumption or use in any other form. In such a scenario, casualties are very
much likely. Some people certainly died while experimenting with these
traditional medicines. This sounds like the clinical trials done before drugs can
be rolled out to be used by the general populace. Will it not be safe to
conclude that such knowledge deserves recognition and protection the same way
we recognize and protect patents?
Traditional knowledge significantly mitigated the risks
associated with global warming and climate change, a significant trend today.
In Zimbabwe's rural areas, the indigenous people had a culture of “cleaning”
the forest in preparation for the rains. This used to be the tradition in
Gwanda, a rural area in southern Zimbabwe, and as it is, it is no longer being
practised in Gwanda, but perhaps it is still being practised in other parts of
the country. Cleaning is what they called it. This was done under the belief
that God would not bring the rain if the forest were littered with objects such
as plastics, clothes and other things they considered dirt. The local
communities would go into the forest and pick everything they considered dirt
to make the forest clean. When the rains
finally came, such litter would not infiltrate the water bodies, so their
ability to sequester carbon would not be significantly affected. This had a
good impact on the climate and helped to preserve the water organisms.
One cannot speak of traditional knowledge and ignore its
cultural significance. TK is linked to the indigenous people's spirituality and
identity. These community practices became a part of the indigenous people's
lives, shaping their identity and culture. Before the advent of technologies
such as weather forecasts, the indigenous people could tell if the rains were
coming by studying the moon, the stars and other relevant structures. This is
astronomy. Although undocumented, this knowledge or “technology” added to the
body of knowledge. Oral traditions, history, folklore and beliefs were passed
down from generation to generation through storytelling and by so doing,
culture and traditions were preserved. These stories cemented the communities'
cultural heritage and helped them understand their identities.
Traditional practices also created a symbiotic relationship
between nature and the indigenous people. The indigenous people viewed the land
as sacred, and there were often rituals formed on the land, for example, the
cleaning of the forests mentioned above, to honour the land. The perspective of
the sacredness of the land was also seen in the communities' sustainable
hunting practices. In addition, cutting down trees in certain areas was
considered an abomination, and some forests were considered evil forests,
insinuating that stepping foot in those forests would mean one would have to
face the wrath of the ancestors. These myths and beliefs were meant to deter deforestation,
and this sustained the ecosystem. These communities saw themselves as the
stewards of the land, and most of these traditional practices contributed to mitigating
global warming. All these efforts to mitigate global warming have not been unprecedented
in history. Indigenous people have always been the guardians of the land and
its natural resources; they have always had a deep connection with the land and
a deep understanding of the ecosystem, even without the knowledge of the term
'global warming'.
Birth control can also be achieved using traditional methods
through the use of herbs. Women in Zimbabwe, before the introduction of
contraceptive pills, used to boil and drink the bark of Zizipus Mucronanta to avoid pregnancy. This is called
"umphafa" in IsiNdebele, "muchecheni" in Shona and
"buffalo thorn" in English. This tree has small, round, edible green
berries that ripen to be brown and are found in most parts of Zimbabwe. This
method is still being used in some parts of Zimbabwe today. The indigenous
people used this method for birth control and child spacing, and it is sufficient
to say that this is a method that worked. The herb is not only used for
contraceptive purposes but it is also used for other medicinal benefits, such
as alleviating pain and swelling, among other things. In the Matebeleland,
South region of Zimbabwe, using the buffalo thorn for firewood is taboo and is
highly forbidden. This sustains the tree, which is renowned not only for its
medicinal benefits but also for its delicious fruits.
Such knowledge should not burn down to ashes because of
technology and modernization. Traditional knowledge is not old or obsolete; it
is not static; it keeps evolving and advancing, just like technology. In moving
with technology and adopting Western practices, Indigenous people should not
abandon their heritage and where they come from. Traditional knowledge is also
a creation of the mind worth protecting, just like other intellectual property
rights. Intellectual property rights deal with the protection of the creations
of the human mind. There is a great potential in traditional knowledge that Africa
ought to realise and exploit.
Establishing research centres for traditional medicines will
help establish their medicinal properties and effectiveness. That way,
traditional medicines may be integrated with modern medicines. Capitalizing
on research on traditional medicines may go a long way in contributing to
access to health care for all. Documenting traditional medicines and regulatory
controls for traditional medicines may place traditional medicines as an
alternative or joint source of modern medicines.
International and regional frameworks have already been laid,
and many African countries are party to most of these legal frameworks. The
Convention on Biodiversity (CBD) provides for the sustainable use and
conservation of biodiversity and the fair and equitable sharing of benefits
arising from genetic resources. The WIPO
Treaty on Intellectual Property, Genetic Resources and Associated Traditional
Knowledge requires that there should be a disclosure of the Indigenous people
or the local community who provided the genetic resource and the associated
traditional knowledge when applying for patents. This treaty, however, seems
more interested in improving the quality of patents because the requirement to
disclose is not cast in stone, as there is an option for one to declare that
they are not aware of the source (Article 3).
Closer to home, the African Regional Intellectual Property
Organization’s (ARIPO) Swakopmund Protocol’s purpose is to protect traditional
knowledge holders against infringement of their rights and to protect
expressions of folklore against misappropriation, misuse and unlawful exploitation
(Section 1). The Protocol also provides for equitable and benefit-sharing (Section
9). Under the Protocol, traditional knowledge rights holders can license and/or
assign their rights (Section 8), showing traditional knowledge's potential to
create wealth and contribute to the country's economic development. Recognition
of the indigenous people and the rightful holders of traditional knowledge will
prevent bioprospecting without the prior informed consent of the right holders.
This sort of traditional knowledge is a property that belongs to communities that
should stand to benefit from its use and who should have a say in how it is
used.
With all the foundations for traditional knowledge being
laid on an international and regional level, countries should also consider enacting
their own sui generis law on traditional knowledge, just like Zambia. Considerations
around creating databases for genetic resources and associated
traditional knowledge are also crucial, as is investing in research and
development for traditional medicines. Traditional knowledge has so much
potential that it should not be ignored.
Traditional medicines can be integrated with modern
medicines to improve access to health care for all. Drugs can be manufactured
in research and development centres, and patents can be registered, which may
contribute to the country's economic development.