PARTICULARS OF COUNTRY

1. THE HOODIA BENEFIT SHARING AGREEMENT BETWEEN COUNCIL FOR SCIENTIFIC AND INDUSTRIAL RESEARCH AND THE SAN COMMUNITIES OF SOUTHERN AFRICA, FOCUSSING ON THE IMPACT OF THE AGREEMENT ON COMMUNITIES AT GRASSROOTS LEVEL

2. PARTICULARS OF COUNTRY • Name : South Africa • Location : Southern tip of Africa • Population : +- 48 Million people of whom +- 6 000 is “registered” San • Intra – San sub-agreement provides, however, for sharing of benefits with San of neighboring countries, including Botswana, (50 000) Namibia ( 36 000 ) and Angola and possible other African countries (8 000 ) Grace Humphreys

3. MAP OF PARTS OF SOUTHERN AFRICA Grace Humphreys

4. ACTORS INVOLVED • CSIR ( Council for Scientific and Industrial research) and holder of P 59 patent • San peoples of Southern Africa, represented in South Africa by the South African San Council Grace Humphreys

5. PARTICULARS OF GENETIC RESOURCE • Name : Hoodia Gordonia • Description : A dessert succulent • Natural habitat : Semi – desert region of the Kalahari in Southern Africa Grace Humphreys

6. UTILIZATION OF GENETIC RESOURCE • As an appetite and thirst suppressant, inter alia Grace Humphreys

7. HOODIA IN BLOOM Grace Humphreys

8. TYPE OF ABS AGREEMENT • MOU, supported by private contract Grace Humphreys

9. AGREED BENEFITS FOR SANCOMMUNITIES • In recognition of San traditional knowledge leading to new scientific findings, which formed the basis of the P59 patent, the CSIR agreed to distribute to the San: • 8% of milestone payments received by CSIR from licensee • 6% of all royalties received by CSIR from licensee (Phytopharm in the UK) Grace Humphreys

10. METHOD OF BENEFIT TRANSFER AND DISTRIBUTION • CSIR to pay moneys into a bank account of the San Hoodia Trust • The Hoodia Trust has responsibility to distribute the moneys to San of South Africa, Botswana, Namibia and Angola Grace Humphreys

11. AGREED BENEFITS REALISED TO DATE • Two milestone payments amounting to R560 000.00 (about USD 100 000.00 ) has been made • Funds are being used primarily to strengthen the institutional base of the San Councils Grace Humphreys

12. DIRECT CONTRIBUTION TOPOVERTY ALLEVIATION TO DATE • No noteworthy contribution to date Grace Humphreys

13. OTHER BENEFITS OF NON- MONETARY NATURE – Secondary / indirect benefits • Improved cross boarder unity amongst the San, as well as regained pride in their traditional knowledge and intellectual property • “World fame”, accompanied by increase in visits by tourists and researchers to Southern African San Communities, which impacted positively on community cultural tourism projects • Improved self esteem and courage , with positive influence on many other dimensions of their lives. Grace Humphreys

14. Secondary benefits continued • Quantification / concrete proof of the material value of traditional knowledge of San • Implementation of strategies to safeguard all aspects of traditional knowledge and intellectual property (e.g. San media and research contract ) • Improved organization and negotiation skills within some leadership structures. • Strengthened cross border cohesion, and thus political bargaining power. Grace Humphreys

15. OTHER BENEFITS – Optional nature • A joint bioprospecting agreement through which CSIR will assist San with compilation of database of other traditional/medicinal plant knowledge with possibility of future research and product development. • Technological infrastructure (medicinal plant extraction laboratory and botanical supplies unit ) erected at CSIR premises, benefiting S. A. as a whole • Other possible benefit sharing agreements with other role players ( Hoodia growers association of South Africa ) Grace Humphreys

16. FACTORS WHICH DETERMINES THE IMPACT ON THE EFFECT OF BENEFIT SHARING ON POVERTY ALLEVIATION. • Volume of money received • Appropriateness of benefits ( should be culturally appropriate and address land rights, support for commercial farming with genetic resources, conservation promotion initiatives, proper land use plans as well as education, training and health promotion ) • Beneficiary characteristics / Profile • Government anti - poverty sentiments / policies Grace Humphreys

17. $50 million + Beneficiary disorganization = $100 million + Beneficiary disorganization = $ 0 million • Level of poverty within a beneficiary community, strength of community cohesion or conflict, skills level and available administrative infrastructure of those responsible for implementation of development projects in a community, the inclusivity and the quality of the community consultation process that the leadership engaged in before, during and after the signing of a benefit-sharing agreement, which will inform the community` s perceptions about the fairness of the distribution of benefits, are crucial to the proper utilization of the benefits and could neutralize the poverty relief impact of benefit sharing , or lead to even greater poverty in a community, even if all other factors at all other levels contributes favorably towards poverty alleviation. Grace Humphreys

18. LESSONS LEARNT TO DATE • Indigenous peoples can develop their own mechanisms, structures and leadership to protect knowledge about genetic resources. • If they organize and strategize well and wisely, people need not wait for governmental legislative measures to protect their rights and interests, but rather set the pace for it to happen Grace Humphreys

19. CHANGES AT ALL LEVELS TO BE CONSIDERED, IF NEEDED • Legislation and policies on all levels to be accompanied by regulations / measures to ensure: • Agreements are only signed after proof of a consultative and community participatory process can be provided. • Strategies have been adopted for ongoing consultation and information sharing within beneficiary communities. Grace Humphreys

20. CHANGES CONTINUED • Milestones and planning activities are time bound and properly monitored to ensure adherence to agreed upon time frames. • Easy / uncomplicated and transparent processes are followed to ensure a fair amount of easy access to moneys • Project planning methodology are adhered to, to ensure that the disbursement of funds takes place in accordance with approved project/ development plans and are timeously monitored and evaluated, to ensure that the money gets to where the needs are. Grace Humphreys

21. CHANGES CONTINUED • All role players who have poverty alleviation at heart, should adopt as many as possible other strategies, besides these embedded in the existing benefit sharing agreements, to empower poor / indigenous communities, and to provide them with economic and other opportunities, to ensure that they share equitably and justly, in the riches that result from the utilization of their traditional knowledge Grace Humphreys

22. ACKNOWLEDGEMENTS • Minutes of meetings and other documents pertaining to the San benefit sharing agreement, provided by Roger Chennels, SASI`s legal advisor • GDI Document on ABS, An Instrument for poverty alleviation, compiled by Gudrin Henne, Klaus Lebig , Andreas Drews and Thomas Plän –November 2003 Grace Humphreys

23. CONTACT DETAILS • Name: Grace Humphreys • Position: Regional Coordinator • Organization: South African San Institute • Address: 1 Suurlemoen Road, Upington, South Africa • Tel : +27 54 3391366 • Fax: +27 54 3391477 • E-mail : gracefully@lantic.net Grace Humphreys