Towards influencing National Legislation, Policies,Strategies and Programmes for appropriate
Protection and Benefit-Sharing of Traditional Knowledge(TK) with Traditional Herbalists in Uganda

TECHNOPOLICY BRIEF I No. 39

ATPS (2013):Towards Influencing National Legislation, Policies, Strategies and Programmes for appropriate
Protection and Benefit-Sharing of Traditional Knowledge (TK) with and byTraditional Herbalists In Uganda. ATPS Technopolicy Brief No.39

1

ATPS (2013):Towards Influencing National Legislation, Policies, Strategies and Programmes for appropriate
Protection and Benefit-Sharing of Traditional Knowledge (TK) with and byTraditional Herbalists In Uganda. ATPS Technopolicy Brief No.39

2Towards influencing National Legislation, Policies,
Strategies and Programmes to ensure appropriate
Protection and Benefit-Sharing of Traditional Knowledge(TK) with and by Traditional Herbalists in Uganda

Wanakwakwa Job: Research and Innovations Counselor, / Lead Investigator
LOG`EL Project,
Kampala -Uganda
Catherine Munabi: IPR Specialist, / Researcher
Uganda National Council for Science and Technology headquarters,
Kampala -Uganda
Lwanga Herbert: Researcher,LOG`EL Project,
Kampala -Uganda
Dr. Muhumuza James: Medical Plant Scientist
Tropical Aloe Land Foundation,
Kampala -Uganda
Gateese Teopista: Forester / Environment and Natural Resources specialist
District Environment Officer, Luweero District Local Government
Kampala -Uganda	  

ATPS (2013):Towards Influencing National Legislation, Policies, Strategies and Programmes for appropriate
Protection and Benefit-Sharing of Traditional Knowledge (TK) with and byTraditional Herbalists In Uganda. ATPS Technopolicy Brief No.39

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This paper should be cited as :African Technology Policy Studies, ATPS 2013: Towards Influencing National Legislation,Policies, Strategies and Programmes to ensure appropriate Protection and Benefit-Sharingof Traditional Knowledge (TK) with and by Traditional Herbalists In Uganda, [Wanakwakwa
Job, Catherine Munabi, Lwanga Herbert, Dr. Muhumuza James, Gateese Teopista], ATPS
Technopolicy Brief No. 39© 2013Published by the African Technology Policy Studies Network

ISBN: 978-9966-030-65-8

ATPS (2013):Towards Influencing National Legislation, Policies, Strategies and Programmes for appropriate
Protection and Benefit-Sharing of Traditional Knowledge (TK) with and byTraditional Herbalists In Uganda. ATPS Technopolicy Brief No.39

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Table of Contents
Acknowledgement							6List of Acronyms								

7Executive summary							

8

1.

Context and importance of the problem			92.

Critique of policy option(s)					

93.

Policy recommendations					10References									11ATPS (2013):Towards Influencing National Legislation, Policies, Strategies and Programmes for appropriate
Protection and Benefit-Sharing of Traditional Knowledge (TK) with and byTraditional Herbalists In Uganda. ATPS Technopolicy Brief No.39

5

Acknowledgement
This paper was produced as part of the implementation of the ATPS phase VI Strategic Plan,
2008-2012 funded by ATPS Donors including the Ministerie van Buitenlandse Zaken (DGIS)
the Netherlands, amongst others. The authors hereby thank the ATPS for the financial andtechnical support during the implementation of the Intellectual Property Program. The authors
particularly thank Prof. Kevin Urama, the Executive Director of the ATPS for his visionary
leadership as programme director; Mr. Joseph Wekundah the Executive Director of theBiotechnology Trust Africa (BTA) and Prof. Moni Wekesa (Mount Kenya University) who werecoordinators of the programme and Dr. Nicholas Ozor, Senior Research Officer (ATPS) andall the ATPS team members for their technical support during programme implementation.

ATPS (2013):Towards Influencing National Legislation, Policies, Strategies and Programmes for appropriate
Protection and Benefit-Sharing of Traditional Knowledge (TK) with and byTraditional Herbalists In Uganda. ATPS Technopolicy Brief No.39

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List of Acronyms
TK 			

Traditional Knowledge

THM 			

Traditional Herbal Medicine

IK 			

Intellectual Knowledge

UNJCST 		

Uganda National Council for Science and Technology

IP 			

Intellectual Property

BoP 			

Base of Pyramid

STI 			Science, Technology and Innovations

NCRL 			Natural Chemotherapeutics Research Laboratory

IPR			

Intellectual Property Rights

ATPS (2013):Towards Influencing National Legislation, Policies, Strategies and Programmes for appropriate
Protection and Benefit-Sharing of Traditional Knowledge (TK) with and byTraditional Herbalists In Uganda. ATPS Technopolicy Brief No.397Executive Summary
Today, the importance of Traditional Knowledge (TK) in Uganda cannot be overemphasized
given the country’s widespread cultural wealth in knowledge, creativity and innovation.
To-date however, there are no established laws, policies or programmes in Uganda, togive a firm and clear guidance in the utilization, appropriate protection and benefit-sharingof Traditional knowledge pertaining to the work of traditional herbal medicine (THM) in thecountry. This policy brief therefore, highlights the findings of the IK research project – Uganda and how they seek to enable Ugandan traditional herbalists to better access and benefit
from TK opportunities and resources through appropriate protection, promotion and benefitsharing, in collaboration with key stakeholders i.e. policy-makers and users of traditional
medicine, among others.
Accordingly, interviewing key informants, focus-group discussions and in-depth questionnaire interviews comprised of the tools that were used to establish the actual status of thesituation and best practices for addressing it. The research project was implemented bya team of researchers from LOG`EL Project, Uganda National Council for Science andTechnology (UNCST), a herbal researcher/medical plant scientist from Tropical Aloe Land
Foundation and, one environmentalist working with a local government authority (in Luweero district) about 60km North of Kampala City. ATPS – Uganda chapter liaised between
the project team and the main ATPS office in Nairobi. Eventually, the project rolled out ahost of lessons learnt and best practices, identified recommendations and conclusions - asdetailed in the main research report.
In brief, however, the findings indicate that,•Although THM is widely practiced in Uganda, it receives minimal support and thuits
quality, safety and efficacy is either not standardized or ineffective and largely unreliable•

While the policy on THM is in draft form, legislation on the sector is not effectively enforced•

The Natural Chemotherapeutics Research Laboratory (NCRL) as the institution responsible for THM in Uganda, is not sufficiently facilitated to effectively support the sector•

Conservation of biodiversity is minimal as the resource is being depleted throughoutmost parts of Uganda at an alarming rate, hence, warranting urgent intervention measures to reverse the situation•Preservation of THM/IK systems in Uganda is in low gear given the absence of enforcement mechanisms to protect the sector from widespread bio-piracy and related
exploitative practices.

ATPS (2013):Towards Influencing National Legislation, Policies, Strategies and Programmes for appropriate
Protection and Benefit-Sharing of Traditional Knowledge (TK) with and byTraditional Herbalists In Uganda. ATPS Technopolicy Brief No.3981. Context and importance of theproblem
Traditional Knowledge systems in situ are fast disappearing as degradation of natural
resources like forests, wetlands, grasslands, is taking place at an alarming rate especiallyin developing countries (Uganda inclusive) as well as losing cultural values and customary laws. This calls for protection of community rights over their bio-cultural heritage as awhole; that is, traditional knowledge, bio-resources, culture and land.
To date, however, intellectual property rights (IPR) are not adequately extended to the holders of TK. The requirements for IP rights protection under current IP regimes remain largely
inconsistent with the nature of TK. As a result, it is neglected and considered part of thepublic domain with no protection or benefits for the knowledge holders, or expropriated forthe financial gains of others, often referred to as biopiracy.

2. Critique of policy option(s)Despite being endowed with vast resources in the areas of biodiversity and IK, Uganda has
not yet embraced THM as a priority sector, to enrich its development process. Likewise,
THM is either not facilitated at all or if so, such facilitation is not only minimal but most likely,
ad hoc. To make matters worse, there are no deliberate efforts to advocate for the protection and promotion of the sector coupled by the non-existence of an ethical framework, toguide and monitor the activities of THM in the country, thereby leading to unregulated ways
in which THM operates.

ATPS (2013):Towards Influencing National Legislation, Policies, Strategies and Programmes for appropriate
Protection and Benefit-Sharing of Traditional Knowledge (TK) with and byTraditional Herbalists In Uganda. ATPS Technopolicy Brief No.39

93. Policy recommendations
In order to uplift the THM sector in Uganda, the following measures are worth considering
for implementation i.e.
•

The need to develop a Base of Pyramid (BoP) as a foundation comprising all the keystakeholders•Existing IK should be documented in a manner that will not render such IK worthy ofpiracy•

The fauna and flora used in IK activities should be documented for protection and conservation for sustainable utilization•

Efforts should be made to add value to IK resources, to enable it fit into and match with,the current trends of modernity•

In order to develop a sustainable THM infrastructure in Uganda, there is need for apolicy on domestication and cultivation of the species being utilized•

Policy makers need to carry out research, to enable them develop a policy to regulate
the development of THM activities•

There is need for enhancing awareness, raising all levels of society in Uganda, to gearup and increase respect for THM/IK, biodiversity for socio-economic development andpolicy creation.

•The UNCST should include THM/IK in its science, technology and innovations (STI)
policy, strategies and programmes

In conclusion, policy development for the protection and advancement of THM and IK in
Uganda is a critical requirement in concretizing the sustainable utilization of biodiversity
resources - for socio-economic activities, health, nutritional value, food security, wealthcreation advancement and for the sustainable protection of the environment and naturalresources.

ATPS (2013):Towards Influencing National Legislation, Policies, Strategies and Programmes for appropriate
Protection and Benefit-Sharing of Traditional Knowledge (TK) with and byTraditional Herbalists In Uganda. ATPS Technopolicy Brief No.39

10References
Correa, Carlos M., (2002) Protection and Promotion of Traditional Medicine - Implications
For Public Health in Developing Coutries. University of Buenos Aires, Buenos Aires.
Fabricant D. S. and Farnsworth N. R., (2001) The Value of Plants Used in Traditional Medicine for Drug Discovery Environmental Health Perspectives 109, 69-75
Garí J, (2000) “Biodiversity conservation and use: Local and global considerations”, Science, Technology and Development Papers, no 7, Center for International Development,Harvard University.
Gorjestani N, (2000) Indigenous Knowledge for Development Opportunities and Challenges; www.unctad.org/trade-env/docsgorjestani.doc
The Cross-Cultural Foundation of Uganda (CCFU, 2008) Promoting Herbal Medicine inUganda – Traditional Health Practitioners and government Working together; www.crossculturalfoundation.or.ug
WHO (2001), Legal Status of Traditional Medicine and Complementary/Alternative Medicine: A Worldwide Review

ATPS (2013):Towards Influencing National Legislation, Policies, Strategies and Programmes for appropriate
Protection and Benefit-Sharing of Traditional Knowledge (TK) with and byTraditional Herbalists In Uganda. ATPS Technopolicy Brief No.39

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ISBN: 978-9966-030-65-8
12

ATPS (2013):Towards Influencing National Legislation, Policies, Strategies and Programmes for appropriate
Protection and Benefit-Sharing of Traditional Knowledge (TK) with and byTraditional Herbalists In Uganda. ATPS Technopolicy Brief No.39