Indigenous Peoples, Consent and Benefit Sharing Lessons from the San
Indigenous Peoples, Consent and Benefit Sharing is the first in-depth account of the Hoodia bioprospecting case and use of San traditional knowledge, placing it in the global context of indigenous peoples’ rights, consent and benefit-sharing. It is unique
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Rachel Wynberg Roger Chennells
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Doris Schroeder
Editors
Indigenous Peoples, Consent and Benefit Sharing: Lessons from the San-Hoodia Case
Editors Dr. Rachel Wynberg Environmental Evaluation Unit University of Cape Town Environmental & Geographical Science Building South Lane, Upper Campus Private Bag X3 Rondebosch 7701 South Africa [email protected]
Roger Chennells Chennells Albertyn Attorneys, Notaries & Conveyancers 44 Alexander Street Stellenbosch 7600 South Africa [email protected]
Prof. Doris Schroeder Centre for Professional Ethics University of Central Lancashire Preston Lancashire PR1 2HE United Kingdom [email protected] and Centre for Applied Philosophy and Public Ethics The University of Melbourne Victoria 3010 Australia
Front Cover: © Louise Gubb/Corbis Back Cover: Hoodia gordonii with young, unopened flowers, Ceres-Karoo, South Africa Photographer: David Newton
Additional material to this book can be downloaded from http://extra.springer.com.
ISBN 978-90-481-3122-8 e-ISBN 978-90-481-3123-5 DOI 10.1007/978-90-481-3123-5 Springer Dordrecht Heidelberg London New York Library of Congress Control Number: 2009930524 © Springer Science+Business Media B.V. 2009 No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
For Our Children Rebecca, Guy, Oliver, Clara and Sebastian Chennells Art and Mia Wynberg van der Lingen
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Preface
When one of our leaders informed an academic conference in 1997, ‘The San will no longer be researched,’ he spoke for us all. Our leaders had decided that we would never again be guinea pigs or objects of research, no matter how well meaning. This study, however, is a collaborative project that is of clear benefit to the San. We were approached by the Universities of Central Lancashire and Cape Town to participate in a joint project funded by the Wellcome Trust to research and analyse the Hoodia case, with a special focus on benefit sharing and decision-making. It was clear to us that an objective view of the entire case, comparing it with other experiences elsewhere, would be very useful. When the San challenged the CSIR on their patent in 2001, we were ignorant about our rights to traditional knowledge, and about intellectual property and international law. Not surprisingly, mistakes were made as we negotiated and concluded two benefit-sharing agreements over the following years, using the best knowledge available to us at the time. Indigenous peoples elsewhere in the world supported us, and wanted to know more about how the Hoodia case was progressing. ‘What about benefit sharing?’ they asked. ‘How are your decisio
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