THE KHOIKHOI COMMUNITY’S BIOCULTURAL RIGHTS JOURNEY WITH ROOIBOS

Abstract

The Rooibos Biocultural protocol (BCP) represents a legal affirmation of an Indigenous community’s rights as traditional knowledge holders that were not recognised in law for over 200 years. South Africa’s Access and Benefit-Sharing legislation did not, at the time, recognise Rooibos as having the Khoikhoi communities’ claim as traditional knowledge holders. The Rooibos BCP draws together over 40 communities and their customary relationship as ancient knowledge holders. The BCP pays homage to ancestors who stewarded not only the resource but their first knowledge thereto. With the Nagoya Protocol coming into force, the law finally caught up to that relationship.