National Policies and Legal Frameworks
Governing Traditional Knowledge andEffective Intellectual Property Systems inSouthern and Eastern Africa: The Caseof Traditional Healers in Tanzania
African Technology Policy Studies Network

RESEARCH PAPER | No. 17
Georges S. Shemdoe (PhD)
Loy Mhando

National Policies and Legal Frameworks
Governing Traditional Knowledge and EffectiveIntellectual Property Systems in Southern andEastern Africa: The Case of Traditional Healers
in Tanzania.

Georges S. Shemdoe (PhD)
Tanzania Commission for Science and Technology
Loy Mhando
Business Registrations and Licensing Agency

The African Technology Policy Studies Network (ATPS) is a multidisciplinary network of researchers, private sector actors andpolicy makers promoting the generation, dissemination, use andmastery of science, technology and innovation (ST&I) for African
development, environmental sustainability and global inclusion.
ATPS intends to achieve its mandate through research, capacity
building and training, science communication/dissemination andsensitization, participatory multi-stakeholder dialogue,knowledge brokerage, and policy advocacy.
Published by the African Technology Policy Studies Network
P O Box 10081, 00100 GPO Nairobi Kenya
2012

Published by the African Technology Policy Studies Network

ISBN: 978-9966-030-37-5

Table of Contents
Acknowledgement

4

List of Acronyms

5

Abstract

6

1.

Introduction

7

2.

Literature Review

10

3.

Methodology

19

4.

Results/Findings

23

5.

Conclusion & Recommendations

36

References

38

National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 3

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, Rockefeller Foundation, OpenSociety Foundation, UNESCO, European Union, African Union, amongst others.
The authors hereby thank the ATPS for the financial and technical support during
the implementation of the Intellectual Property Program. The authors particularly
thank the Executive Director of the ATPS Prof. Kevin Urama for his visionary
leadership and all members of his team at the ATPS. We are also grateful to theProgramme Coordinators including Mr. Joseph Wekundah of the Biotechnology
Trust Africa, Dr. Maurice Bolo (ATPS), Dr. Nicholas Ozor (ATPS), Prof. Moni
Wekesa (Mount Kenya University) for their technical supports to the Programme.

4 | National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

List of Acronyms
ADRI
ARIPO
CA
CBD
CIPR
CIPR
COSTECH
ESRF
FAO
FFM
FGD
ICTSD
IP
ITM
LDCs
LinKS
MoHSW
MUHAS
SPSS
STI
TFNC
TH
TK
TRIPS
UNCTAD
UNESCO
URT
USDM
WHO
WIPO
WTO

Animal Disease Research Institute
African Regional Intellectual Property Organization
Content Analysis
Convention of Biological Diversity
Commission on Intellectual Property Rights
Coalition for Intellectual Property Rights
Tanzania Commission for Science and Technology
Economic and Social Research Forum
Food and Agriculture Organisation
Fact-Finding Mission
Focus Group Discussion
International Centre for Trade and Sustainable Development
Intellectual Property
Institute of Traditional Medicine
Least Developed Countries
Local and Traditional Knowledge Systems
Ministry for Health and Social Welfare
Muhimbili University of Health and Allied sciences
Statistical Package for Social Sciences
Science, Technology and Innovation
Tanzanian Food and Nutrition Centre
Traditional Healer
Traditional Knowledge
Trade-Related Aspects of Intellectual Property Rights
United Nations Conference on Trade and Development
United Nation Educational and Scientific and Cultural
Organisation
United Republic of Tanzania
University of Dar es SalaamWorld Health Organisation
World Intellectual Property Organisation
World Trade Organisation

National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 5

Abstract
This paper provides highlights of a study on the National Policies and Legal
Frameworks Governing Traditional Knowledge and Effective Intellectual Property
Systems in Southern and Eastern Africa: The Case of Traditional Healers in
Tanzania. The study has explored the existing policy and legal frameworks andthe community protection mechanisms of traditional knowledge in Tanzania. The
major objective of the study was to build a body of knowledge in the area ofprotection of traditional knowledge in Tanzania. The study was conducted in two
districts - Lushoto and Handeni of Tanga region with communities that are wellknown for their famous traditional medicines. Data was collected using various
research instruments including: documentary review, focus group discussion
and questionnaire survey. A structured questionnaire was administered to 200
traditional healers, 250 users of traditional medicines and 37 officials in 20 wards
in the two districts. The data collected were analysed using the Statistical
Package for Social Sciences (SPSS) programme and Content Analysis (CA)approach. The study has revealed that Tanzania has no comprehensive andappropriate mechanism for protection of rights arising out of use and or
exploitation of Traditional Knowledge. The current legal framework do not provide
for protection of TK. The study has also revealed that traditional medical services
are being used by most people. It further revealed that protection mechanism
among the community is mainly secrecy. As TK is not documented there is adanger of losing this knowledge. Few traditional healers are aware of thelegislation concerned with the conventional intellectual property protection
mechanism. There is no policy with relevant issues to TK except the National
Healthy Policy of 2007 which has a policy statement of working together with thetraditional healers, traditional nurses and is recognizing the importance of bothtraditional and alternative medicines. Establishing a legal frame work forprotection of TK; emphasizing on the documentation of TK: establishing a
Traditional Knowledge and Genetic Resources Policy: and developing anoutreach programme to create awareness on IPR issues as well as on benefit
sharing is recommended.

6 | National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

1. Introduction
1.1
Background Information
In Tanzania, Traditional Knowledge (TK) has no official protection mechanisms,
except for the folklore, of which its protection provision is provided by the
Copyright and Neighboring Right Act, Cap. 218, RE 2002 (URT, 1999). The laws
governing protection of industrial property do not have provisions for theprotection of TK. These are: the Patent Act, Cap. 217 RE 2002, Trade and Service
Mark Act, Cap. 326 RE 2002 (URT 1986, URT 1987). The ARIPO Instrument on theprotection of traditional knowledge, genetic resources and folklore has been
discussed in some fora, but yet there is no law enacted to provide protection for
TK.
In the case of traditional medicines, a law was enacted in 2002 – The Traditionaland Alternative Medicine Control Act No. 23 of 2002. A National Office wasestablished as the Traditional Medicine Section of the Department of Curative
Services at the Ministry for Health and Social Welfare (MoHSW) in 1998. Currently,
there is a Registrar of Traditional Healer (TH) at MoHSW. Also an Institute of
Traditional Medicine (ITM) was founded in 1974 at the current Muhimbili
University of Health and Allied sciences (MUHAS) WHO, 2005).
1.2
Problem Statement
The issue of protection of TK has been a debate in a number of fora, but to datethere is yet a global agreed mechanism on how TK should be protected. The
focus has always been to fit TK protection in the existing classic protection
mechanisms. Article 27 (3) (b) of the Trade-Related Aspects of Intellectual
Property Rights (TRIPS) Agreement has given provisions to member states toconsider protection of TK using existing intellectual property systems, as well as
National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 7

geographical indications and sui generis forms of protection (WIPO, 1997).
These are just provisions with no proper ways to enable TK be protected as someof the requirements for the protection by the current system cannot be met by TK.
For instance, the protection through patents requires that the invention be by anindividual, but most of the TK are owned by communities. To obtain a proper
protection mechanism there are a few questions that need some considerations:
How should TK be protected?; What do indigenous communities wish toprotect?; and What is the best method of achieving this? Most of theconsiderations made so far have not taken into account that the indigenous
communities had their own means of protecting their IP. The study has
considered to un-earth the indigenous protection systems and proposes them to
be incorporated into the existing conventional system. This has been done
through investigating the traditional healers in two districts in Tanzania.
1.3
Objectives
The major objective of the study is to build a body of knowledge in the area ofprotection of traditional knowledge in Tanzania. The specific objectives are:
1. To examine the existing legal and policy frameworks relevant to protection of
TK in Tanzania.
2. To examine previous studies on protection of traditional knowledge andsynthesize the recommendations thereof, for the purpose of suggesting
possible modalities for the protection of TK to be proposed to the global
ongoing debate on TK protection.
3. To gather and document existing protection mechanisms among thecommunities. The case of traditional healers in two district of Tanga region.
4. To gather the mechanisms in which the traditional healers transfer theirknowledge to others.
5. To synthesize the mechanisms of indigenous protection of TK and propose
strategy to adopt them in the system of protection of TK.
1.4
Justification
Tanzania, in particular, and Africa as a whole is endowed by huge TK, which iscurrently not documented and one of the reasons for no or little dissemination of
TK might be the lack of protection mechanisms. There is a need for mechanisms
to protect TK. The study has provided insight of the indigenous protection
mechanisms which could assist the various initiatives for protecting TK. The
analysis of the existing policy and legal frameworks is an eye opener on the gaps
8 | National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

existing to achieve protection of TK. Lack of protection of TK has contributed tolosses and will contribute to continue to lose opportunities in the cause ofutilization, transfer and transformation of Traditional Knowledge based
technologies.
1.5
Structure of the Paper
The paper comprises of six sections. The first one is the introduction, which
provides the background information; statement of the problem; objectives of thestudy; and justification. The second section is on literature review. It gives
definition of TK and the general overview of the protection of TK. Additional
information is provided on the protection situation in Tanzania; global overview ofthe protection of TK and initiatives developed to establish protection regimes on
TK; the analysis of TK in Tanzania; and the establishment of TK systems in the
country. The third section is on the methodology that was used in the study.
Section four is about the results and findings. Section five provides conclusions
and recommendations and finally section six is on the references.

National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 9

2. Literature Review
Literature review was conducted to understand the concepts and the situation of
TK globally and in Tanzania in respect to intellectual property protection of TK.
2.1
Traditional Knowledge - What is it?
Traditional knowledge has played and still plays an important role in the lives ofmany people globally. It has particularly been essential for food security andhealth care for millions of people in developing countries. Up to 80% of the
population in these countries depends on traditional medicines in meeting theirhealth care demand (CIPR, 2002).
There is no exact definition for Traditional Knowledge (TK) globally, but TK has
raised a debate on how it should be protected in the recent years. The WorldIntellectual Property Organization (WIPO) is currently using the following
definition:
The term traditional knowledge refers to the content or substance of knowledge
resulting from intellectual activity in a traditional context, and includes the knowhow, skills, innovations, practices and learning that form part of traditional
knowledge systems and knowledge embodying traditional lifestyles ofindigenous and local communities, or contained in codified knowledge
systems passed between generations. It is not limited to any specific technicalfield and may include agricultural, environmental and medicinal knowledge,
and knowledge associated with genetic resources(Saurombe, A. 2009).
2.2
Protection of Traditional Knowledge
The issue of protection of TK has been debated in a number of fora, but there is
10 | National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

yet a global agreed mechanism on how TK should be protected. The focus has
always been to fit the TK protection in the existing classic protection mechanism.
Article 27 (3) (b) of TRIPS Agreement has given a provision to member states toconsider protection of genetic resources using existing intellectual propertysystems, as well as geographical indications and sui generis forms of protection(WIPO, 1997). These are just provisions with no proper ways to enable traditional
knowledge be protected as some of the requirements for protection by thecurrent system cannot be met by TK. For instance, the protection through patents
requires that the invention be owned by an individual, but most of the TK are
owned by communities. To obtain a proper protection mechanism there are a few
questions that need some considerations: How is traditional knowledge
protected?; What do indigenous communities wish to protect?; and what is thebest method of achieving this? Most of the considerations made so far have nottaken into account that the indigenous communities had their own means ofprotecting their IP.
The major question is whether the conventional protection mechanisms could beapplied to traditional knowledge or not. However, on analyzing theseconventional mechanisms for the protection of intellectual property, it appears
that they are ineffective in protecting traditional knowledge. For instant, the highcost of effective protection by patents is far beyond the means of most holders of
traditional knowledge and the limited period of protection does not fullycompensate for the disclosure of the knowledge which was guarded for
hundreds of years. Furthermore, the novelty of traditional knowledge which wasused over several centuries may be legally challenged.
Trademarks may be useful to protect expressions of traditional knowledge likehandicrafts, but they are of no use in protecting traditional knowledge itself.
Similarly, geographical indications will protect the product but not the traditional
knowledge. Copyrights for traditional knowledge will not be effective as well as it
would be difficult to enforce.
Traditional knowledge that has not been documented survives today usually as a“family secret” similar to a trade secret. However, traditional knowledge
maintained as family secrets have a tendency to leak or gradually move into the
public domain and their leakage cannot be effectively prevented unlike trade
secrets in the corporate sector.
National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 11One of the solutions will be to institute the sui generis system for such protection.
Also defensive protection through documentation of traditional knowledge could
be used so that the TK should not be used by others in patenting.
2.3
Global Overview on TK Protection
Traditional knowledge has played and still plays an important role in the lives ofmany people globally. It has particularly been essential for food security andhealth care for millions of people in developing countries. The issue of protectionof traditional knowledge has just come recently from the pressures of many
developing countries, holders of traditional knowledge and campaigningorganizations. This was due to a number of cases on the appropriation ofknowledge and genetic resources of farming and indigenous communities by
individuals or institutions seeking monopoly control (bio-piracy) (CIPR, 2002).
2.3.1 International Arena
In the international arena, issues of attempting to recognize and protect
traditional knowledge started in 1981 when WIPO and UNESCO adopted a modellaw on folklore. This was followed by the 1989 recognition of the farmers' rightwhich was introduced by FAO in its International Undertaking on Plant Genetic
Resources. The 1992, Convention on Biological Biodiversity (CBD) also hasemphasized on the protection of traditional knowledge. The protection of
traditional knowledge is further being discussed within the framework of CBD inother international organizations such as FAO, UNCTAD, UNESCO and UNCTAD(CIPR, 2002; ICTSD, 2003). Furthermore, the Doha WTO Ministerial Declaration
directed the TRIPS Council to do further work on the protection of traditional
knowledge.
Other international initiative to seek for a way to protect traditional knowledge was
the WIPO Fact-Finding Mission (FFM). WIPO needed to know and understand theneeds and expectations of the traditional knowledge holders. This was carriedout between 1998 and 1999. FFM identified a number of needs and expectations
for the traditional knowledge holders of which it is evident that some areconflicting or reflect competing policies. The needs identified pose a challenge tothe entire IP community and collaborative effort by other relevant organizations
and processes are needed (WIPO, 2001).
At a WIPO Meeting on Intellectual Property and Genetic Resources which was
12 | National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

held in 2000, it came out clearly that there is an interrelation between genetic
resources and the new global issues of TK, folklore and biodiversity. The meeting
reached out a consensus that WIPO should facilitate the continuation of
consultations between member states and other relevant organizations, throughconduct of legal and technical studies and setting up of an appropriate forum
within WIPO for future work. This led to establishment of the Intergovernmental
Committee on Intellectual Property and Genetic Resources, Traditional
Knowledge and Folklore in 2001. So far there is yet to be a comprehensive regime
to govern protection of traditional knowledge.
2.3.2 Studies from Other Countries
The issue of protection of traditional knowledge and benefit sharing is yet to beproperly handled also in other countries. E.g. a major study was conducted inareas of important biodiversity, and focused on both medicinal plants and agro
biodiversity knowledge systems in different ecosystems (mountain, dry-land,semi-arid and coastal forests). It involved diverse communities ranging from quite
traditional to more mixed/integrated: Mijikenda and Maasai in Kenya; andZhuang and Yao, in Guangxi, South West China. The studies revealed thefollowing:> Traditional knowledge is in decline in many communities with the younger
generation having little interest in learning it and in observing customarylaws. Loss of ancestral land and sacred sites is a key factor in this – e.g. theMijikenda have lost many of their kaya forests (Mutta, D. & Munyi, P., 2010).
> Erosion of cultural values and customary laws due to the spread of westernculture, markets and governments to rural areas, are also key factors. Some
Mijikenda customary laws have been lost or modified, or are selectively
recognised (Mutta, D. & Munyi, P., 2010).
> In China, customary laws have been lost altogether, but some customaryvalues and cultural preferences remain (amongst elders). In Guangxi, SW
China, modern high yielding varieties have replaced many traditional crops
such as maize, largely due to the limited size of landholdings and the need toincrease yields (Jingson, L. & Yiching S., 2010).
2.4

Analysis of Traditional Knowledge in Tanzania

2.4.1 The Potential of Traditional Knowledge in Tanzania
Tanzania, like many African countries, is rich in Traditional Knowledge,
National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 13

Expressions of Folklore and Genetic Resources. However, no comprehensive or
appropriate mechanism is available for protection of rights arising out of the use
and exploitation of the respective subject matters.
It is undisputable that due to lack of a comprehensive system for protection of thesaid subject matters, Tanzania has lost and continues to lose opportunities bothin form of utilization, transfer and transformation of Traditional Knowledge based
technologies; particularly in the absence of any formal and binding agreementsfor possible equitable benefits sharing.
The historical background of Traditional Knowledge surrounds local
communities and indigenous people's mode of life, in which case, their systems
of protection was largely dependent on the respect for communal and common
understanding of their respective cultural norms and values.
In essence, the social economic development brought about by what could
simply be associated with “civilization”, has rendered the said systems
unrespectable, ineffective and hardly sustainable.
Tanzania has exploited the traditional health practices for a long time even before
the arrival of foreigners. Over 60% of health seeking population has a traditional
healer as the first point of contact. In the year 2000, it was estimated that there
were about 75,000 traditional health practitioners in the whole country,
exemplifying a ratio of traditional health practitioner against the people's
population as 1:400, while that of doctors to patients was 1:20,000 (Mhame,
2000). Like in the other societies, in Tanzania the people have over the centuries,
developed a wide variety of technologies from exploration of medicinal
properties of plants, extracts of animals and marine life. Most of such indigenous
knowledge was handed down, through the ages, by oral tradition.
Traditional knowledge in Tanzania has also been developed in other field not onlyin traditional medicines. The following are examples of some of the Tanzania
traditional knowledge obtained from www.worldbank.org/afr/ik/index.htm

14 | National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

“Acquisition and Sharing of Knowledge
Summary: The Maasais and Barabaig alike of Northern Tanzania have developed
and maintained traditional knowledge and practices for the management andconservation of biological resources on which they depend on. Their knowledge
and practices are empirical, based on continuous observation and their close
attachment to and utter dependence on natural resources. The knowledge isstored in cultural and religious beliefs, taboos, folklore or myths as much as in theindividuals' practical experience. Knowledge is imparted in the youth through aphased childhood and adolescence. This contributes to a stock of knowledge inhuman and animal health, in agricultural meteorology and in land use. A
combination of cultural, empirical and hierarchical methods ensures thesafeguarding and further development of knowledge as well as effectiveness ofexisting practices. By preferring utilitarian to hierarchical or theoretical concepts,
knowledge is much easier shared. Evidence provides a strong corrective agent indetermining the usefulness of existing knowledge, and an incentive to further
develop it.
Lesson: Indigenous knowledge systems are often application oriented. The
introduction of new concepts should use approaches that are based on orcompatible to existing systems.
Source: MARECIK; N. Ole-Lengisugi, F. Ole-Ikayo, or contact: multicho@yako.habari.co.tz

Medicinal Use of Plants
Medicinal use of plants for people and livestock
Summary: It is estimated that over 1000 plant species in Tanzania are used assources of traditional medicine for human ailments. Over 80% of Tanzanians are
dependent on traditional phytomedicine to treat various diseases. More than 100
plant species are recorded to treat 38 different pathological conditions of livestockin Arusha, Kilimanjaro and Uhaya regions. Veterinary use of plants is widespreadamong the pastoralist communities in Tanzania but not restricted to them.
Lesson: Knowledge of traditional medicine practices has not yet sufficiently
inseminated conventional medicinal practices in Tanzania, a missed opportunity
for cost effective treatment.
Source: MARECIK; N. Ole-Lengisugi; F. Ole-Ikayo, or contact multicho@yako.habari.co.tz

National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 15

2.4.2 Institutional Arrangements and Structures
In Tanzania, there are several institutions which were established to deal with TK
issues. These include:(a)Institute of Traditional Medicine (ITM)
This institute has been established by Act of Parliament in 1974 at the current
Muhimbili University of Health and Allied Sciences (MUHAS). The programmes of
the institute include research activities in ethno botanical, anthropological,
chemical and biological studies. Currently, the Institute's research activities fallunder the following research areas:
HIV/AIDS
The Institute has an extensive program to evaluate therapies that are being usedby traditional healers to treat HIV/AIDS patients. Concurrently, the Institute isrunning a program to evaluate extracts from different plants for antiviral,
anticancer, anti-bacterial and anti-fungal activity.
Search for plant derived compounds for treatment of type 2 diabetes
mellitus.
Both ethno medical and laboratory studies on plants used traditionally fortreatment of type 2 diabetes mellitus are being done by the Institute.
Discovery of anti-malarial compounds from marine invertebrates andterrestrial plants
This is a collaborative project being done jointly between the Institute of
Traditional Medicine, the Institute of Marine Sciences in Zanzibar, and theDepartment of Parasitology of the School of Public Health and Social Sciences. It
is a WHO funded project.
Other Programmes
Formulation and standardization of herbal formulations
This is a new program at the Institute. The Institute has in place a herbal
standardization unit, which has recently been established. The intention is topromote the use of herbal medicines for plants whose therapeutic value isalready established. Partnership with pharmaceutical industry is being sought tofacilitate commercialization of the production of herbal medicines.
16 | National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

Ethno botanical studies in Tanzania
This is an ongoing activity to continue identifying plants that are being used bytraditional healers for the treatment of various diseases.
Ex-situ conservation of potential medicinal plants
This is currently an area of immense importance to the Institute. The institute isseeking to promote community based cultivation of medicinal plants to serve thepurpose of supplying raw materials for the production of herbal extracts andherbal medicines. This is also intended to promote national strategies for poverty
reduction.
There is a good opportunity existing for the institute to make progress in the areaof utilization of medicinal plants. These include:> A large wealth of medicinal plant in Tanzania of which a few have been
exploited> Over 75,000 traditional healers in Tanzanian Mainland. These are thecustodians of the knowledge about plants with medicinal value. They willassist the Institute in exploiting the wealth of medicinal plants found indifferent parts of the country.
> Unique Tanzanian flora in the world. Some plants are only found in Tanzania.
Due to this reason it is possible to attract both national and international
collaborators in research on the medicinal value of these plants.
> Based on the information which has been accumulated, the Institute candevelop a curriculum to teach traditional medicine to medical students. This is
an important stage if traditional medicines have to be prescribed by doctors.
> The Institute has medicinal plant farms, which can be used for commercial
cultivation of medicinal plants.
> Establishment of herbal pharmacy for dispensing these preparations will
generate funds for the institute.
(b)Links TrustThis is a non-governmental and non-profit making organization, which wasestablished to take over the activities of a project funded by Food and Agricultural
Organization's (FAO) on Local and Traditional Knowledge Systems (LinKS) in
Tanzania in 2005.

National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 17

It was an initiative taken by a group of individuals from different Tanzanianinstitutions, including the Tanzanian Food and Nutrition Centre (TFNC), theUniversity of Dar es Salaam (USDM), the Tanzania Commission for Science andTechnology (COSTECH), the Ministries of Health, Livestock Development andAgriculture, and the National Environment Council.
The founding of the Trust was prompted by the need to make Local andIndigenous Knowledge issues visible in the national policies and strategies atdifferent levels. The Trust took over LinKS project activities and built on theexperiences made during the project period. Its main purpose is to establish aplatform within the country for sharing ideas and information on local knowledge
systems. Moreover, the Trust will be able to provide training courses on gender,
biodiversity and local knowledge. The project looked at gender issues, agro
biodiversity and local knowledge in Tanzania, Mozambique and Swaziland. Its
core activities were: capacity building, communication and advocacy, andresearch. These activities are taken over by the Links Trust.
(c)Economic and Social Research Forum (ESRF)
In the study conducted by Msuya (2007), the Tanzania Development Gateway
database of the Economic and Social Research Foundation (ESRF) was found to
be one of the efforts in regard to protection and preservation of TK.
ESRF has developed a database on Traditional Knowledge to enhance sharing
and dissemination of TK information, experiences and practices in Tanzania, withthe following objectives:> provide a platform where TK is captured, stored and disseminated;> provide a mechanism of sharing this knowledge and also integrate it withmodern science and technology to enhance information dissemination;> promote sharing and dissemination of TK information, experience andpractices in Tanzania; and> in realisation of TK and its contribution to socio-economic development, thedatabase will promote development of TK systems to improve information
provision to the local communities.

18 | National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

3. Methodology
In this section the description of the study area is presented as well as the datacollection and the data analysis methods are described.
3.1
Study Area
Tanzania is located in Eastern Africa, and lies between longitude 290 and 410 Eastand latitude 10 and 120 south1. Tanzania has an estimated land area of about
945,000 km2, with a population of about 42 million people and the population is
growing at the rate of 2.9% per annum. The current official per capita income isestimated at TZS 548,388 (USD 540) in 2007 and about 50% of the population live
below the poverty line3 ranking Tanzania among the world's Least Developed
Countries (LDCs). The study was carried out in two districts of Tanga region in thenorth-eastern part of Tanzania namely: Lushoto and Handeni. Both districts arewell known for having reliable traditional healers.
Handeni is one of the eight districts of Tanga Region in Tanzania. According to the2002 Tanzania National Census, the population of the Handeni District was
248,633. The district has a population increase of 4% per year. Its area is 6,112
square kilometers. The District is administratively divided into 7 divisions, 19
wards and 112 Villages (URT, 2008). The ethnic groups in Handeni district are theZigua (66.1%) and Nguu (17 (%) (URT, 1997). These communities are well known
for their famous traditional medicine curing ill persons through use of herbs and1

Tanzania, United Republic of (2010),“Country Profile”
http://www.tanzania.go.tz/ministriesandinstitutions.htlm
2
Tanzania, United Republic of (2010),“Hali ya Uchumi wa Taifa, 2007”
http://www.tanzania.go.tz/ministriesandinstitutions.htlm.
3
Ibid.
National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 19

other traditional means. Handeni District has 31 health facilities and the
population per health facility is 9,062 persons (URT, 2008).
Lushoto district is located in the northeastern Tanzania. It is one of the eight
districts in Tanga region. The district has a population of 418,652 people and a
growth rate of 1.1% (Census, 2002). Indigenous people are mainly of Bantu
origin. The tribes that dominate in the district are Sambaa and Pare. The Sambaa
are also well known for their famous traditional medicine. The district has got 52
health facilities and the population per health facility is 6,190 persons.
3.2
Data Collection
Data was collected using various research instruments including: documentary
review, focus group discussion and questionnaire survey.
3.2.1 Documentary Review
Intensive literature review was made on analysing the global overview andtraditional knowledge in Tanzania as well as analysing the relevant legislation andpolicies in respect to protection of TK in Tanzania. The main legislation that would
have provisions on protection of TK include: The National Arts Council Act, The
Alternative and Traditional Medicine Act, Institute of Traditional Medicine Act,
Foods and Drugs Act, Animal Disease Research Institute (ADRI) Act, Patents Act,
Trade and Service Marks Act, Copyrights and Neighbouring Rights Act, National
Institute of Medical Research Act, National Commission for Science andTechnology Act, The Protection of New Plant Varieties (Plant Breeders' Rights)
Act, and African Regional Intellectual Property (ARIPO) Traditional Knowledge
Model Law. The policies which were reviewed include: National Health Policy;
Science, Technology and Innovation (STI) Policy (draft); Forest Policy;
Agricultural Policy; Environmental Management Policy; and Trade Policy.
Previous studies on protection of TK were also studied and analyzed. The
following studies were analyzed:> Msuya (2007) “Challenges and opportunities in the protection of Indigenous
knowledge in Africa”> Bridel (2003) “Status of Protection of the Environment, Traditional and Plant
Medicine in Uganda, Tanzania and Kenya” in the “Study of Indigenous Plants
and Non-Timber Products as Related to Traditional Medicine in the Nuba
Mountains and Southern Blue Nile Region of South Sudan”.
20 | National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

3.2.2 Focus Group Discussion
A focus group discussion was held which included among others the traditional
healers and the district officers dealing with forest, cultural, and environmental
issues. In this meeting, the study was introduced and opinions were sought on
the research and the issue of protection of traditional knowledge. Discussion wasmade with the District Cultural Officer, who identified the traditional healers who
were invited to the focus group discussion. During this meeting a pre-testing of
the questionnaire was conducted. Also discussion was made with the District
Executive Director on the study.
3.2.3 Questionnaire Survey
Three different questionnaires (for traditional healers, beneficiaries of the
traditional medicines and officials) were administered and data was collected.
Data requested for in the questionnaire covered different main areas as shown
below:
Questionnaire for Traditional healers: This included: the personal particulars with
9 questions; diseases cured by the traditional healer and access to medicinal
plants with 8 questions; protection mechanisms with 20 questions.
Questionnaire for Beneficiaries: This included: the personal particulars with 9questions; utilizing services of traditional healers with 9 questions; protection
mechanisms of traditional knowledge with 8 questions.
Questionnaire for Authorities: This included: the personal particulars with 6questions; coordination, registration and protection of traditional healers'
knowledge with 10 and access to medicinal plants with 12 questions.
The data was collected by enumerators who were mainly the Ward Executive
Officers. They knew who the traditional healers in their wards were.
3.3
Sampling
The Lushoto district has got 8 Divisions and 32 Wards. Out of the 32 Wards, 10
wards were selected randomly for the administration of the questionnaire.
Similarly, in Handeni district, 10 wards out of 19 wards were selected randomly foradministering of the questionnaires. In each district 100 questionnaires for the
traditional healers, 200 questionnaires for beneficiaries and 20 questionnaires forofficials were administered. In total 200 questionnaires from traditional healers
were collected. Two hundred and fifty (250) questionnaires for beneficiaries werecollected and 37 questionnaires for officials were collected.
National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 21

3.4
Data Analysis Techniques
The data collected were analyzed using the Statistical Package for Social
Sciences (SPSS) programme. Other data collected was analyzed using content
analysis (CA) approach.

22 | National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

4. Results/Findings
This chapter contains results and findings from the literature review and the fieldresearch on National Policies and Legal Frameworks Governing Traditional
Knowledge and Effective Intellectual Property Systems in Southern and Eastern
Africa: The Case of Traditional Healers in Tanzania. The field was carried out intwo districts in Tanga region, north-eastern part of Tanzania. The chapter provides
responses to the key specific objectives. The issues that are addressed in thischapter are as follows:> Existing legal and policy frameworks relevant to protection of TK in Tanzania;> Previous studies on protection of traditional knowledge in Tanzania;> Existing protection mechanisms among the communities in the two districts;> Mechanisms in which the traditional healers transfer their knowledge toothers in the two districts; and> Mechanisms of indigenous protection of TK.
4.1

Existing legal and policy frameworks relevant toprotection of TK in Tanzania

4.1.1 Legal Frame Works
Tanzania has no comprehensive and appropriate mechanism for protection ofrights arising out of use and or exploitation of Traditional Knowledge. The main
legislation which could have provisions on protection of TK include: The National
Arts Council Act; The Alternative and Traditional Medicine Act; Institute of
Traditional Medicine Act; Foods, Drugs and Cosmetics Act; Animal Disease
Research Institute (ADRI) Act; Tanzania Patent Act; Trade and Service Marks Act;
Copyrights and Neighbouring Rights Act; National Institute of Medical Research
Act; National Commission for Science and Technology Act; The Protection of
National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 23

New Plant Varieties (Plant Breeders' Rights) Act; and African Regional Intellectual
Property (ARIPO) Traditional Knowledge Model Law. Following are some of thelegislation which on analysis were found to be relevant to the intellectual property
protection of TK.
4.1.1.1 The Tanzania Copyright and Neighbouring Rights Act and the
National Arts Council Act
The Copyrights and Neighbouring Rights Act of 1999 and The National Arts
Council Act of 1984 provide for some aspects of protection of Expressions ofFolklore and protection of traditional arts, however these two Acts do not provide
a comprehensive mechanism for protection of traditional knowledge.
The National Arts Council Act provides for promotion of the development andproduction of artistic works including the production and use of indigenous andtraditional musical instruments, songs, poetry and dancing with a view of reviving
and promoting Tanzanian culture.
Folklore is recognized in Tanzania and is included in the Copyright andNeighbouring Rights Act. Genetic Resources and Traditional Knowledge on theother hand have been excluded in that category as their exploitation finally ends
up in either an invention or innovation and therefore could be protected as apatent. The Patents Act does not provide for protection of inventions and or
innovations coming out of traditional knowledge.
4.1.1.2

The Protection of New Plant Varieties (Plant Breeders' Rights)
Act, of 2002
This Act has provided for the protection of farmers rights. In Part XII, Section 57,
the law recognizes the need to protect farmers' rights on their germ plasm andcultivars. The extract of the section is as follows:
57-(1) The Minister shall ensure that the implementation of this Act shall not affectthe fulfilment of the Government obligations pertaining to the protection of
farmers' rights to equitably share and access to traditional cultivars and germplasm; national and international commitments towards sustainable use of
biological diversity taking into account the human health.

24 | National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

(2) The Minister shall, after consultation with the Minister responsible for finance,
direct that, a certain percent of the fees paid to the Registrar under this Act, be set
aside for the benefits of traditional farmers and the preservation of traditional
cultivars of agricultural products.
4.1.1.3 The Traditional and Alternative Medicine Control Act No. 23 of 2003
The Traditional and Alternative Medicines Control Act provides for registration of
traditional health practitioners and regulates the traditional practitioners practicein the country. This, like other laws as shown above, does not provide formechanism to protect the knowledge of the traditional practitioners.
4.1.1.4

The African Regional Intellectual Property Organization (ARIPO)
Instrument on the Protection of Traditional Knowledge andExpressions of Folklore.
In 2006, ARIPO, of which Tanzania is a member state, drew an Instrument for theprotection of Traditional Knowledge and Expressions of Folklore. The Instrument
gives comprehensive provisions for protection of the subject matters in theregion.
The ARIPO Instrument was endorsed by the Council of Ministers in 2010. This
instrument shall provide inter alia harmonized provisions on the protection of
Traditional Knowledge and Expressions of Folklore in the member states.
Diagnostic Assessment of the ARIPO Instrument on Protection of TK
Africa is rich in Traditional Knowledge and Expressions of Folklore but at the sametime no comprehensive and appropriate mechanism is available for protection of
the rights arising out of the subject matters.
The substance of the provisions of the Instrument sufficiently articulate theparameters and the scope of the referred to subject matters in that a balance ofappropriation has been put and set in between the bonafide right holders andwould be users. This is an important and valuable element to observe before
taking any decision to engage in commercial transactions.
At national level, the local legislation which is supposed to be ARIPO Instrumentcompliant, ought to and should address specific issues and provide flexible
protection provisions within the framework of the Instrument.
National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 25

On the other hand, there is also criticism that the Instrument has heavily borrowed
from the existing conventional IPR regimes something that is seemingly
inconsistent with the nature and scope of desired protection of Traditional
Knowledge and Expressions of Folklore:
For instance, a Traditional Knowledge that by the very nature of its effectivenesscannot be reduced to writing to bring about disclosure requirement which could
hardly be accommodated within the style and scope of the Instrument. Some of
the Traditional Knowledge call and or require specific ritual performance, whichconstitute part and parcel of the knowledge of the performer. These exceptional
components of Traditional Knowledge do not seem to have been dealt with andtherefore not reflected in any of the provisions of the Instrument.
There is likelihood of resistance on the part of the local communities and or
indigenous people who may stick and appear conservative to their own
consumption as opposed to ARIPO Instrument that presupposes a public
regulated traditional knowledge consumption pattern.
Nevertheless, since the Instrument has been endorsed, it is in the interest ofMember states to enact national legislation guided by the Instrument. This
endorsement of the Instrument by the ARIPO Council of Ministers is a
development for the member states, Tanzania inclusive, to draft their own
respective compliant national legislation.
It is recommended that Tanzania needs a comprehensive legal mechanism forthe protection of Traditional Knowledge, lack of which the country has lost andcontinues to loose opportunities in the cause of utilization, transfer andtransformation of Traditional Knowledge based technologies.
4.1.2 Policy Frameworks
The main Policies that would have provisions for the proper protection of
Traditional Knowledge include: National Health Policy; Science, Technology andInnovation (STI) Policy (draft); Forest Policy; Agricultural Policy; Environmental
Management Policy; and Trade policy. These policies were analyzed to find out
whether they have got policy statements concerning protection of traditional
knowledge.

26 | National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

In the analysis, it was found out that the National Health Policy of 2007 is the only
one stating issues relevant to TK; it has a policy statement of working together
with the traditional healers, traditional nurses and is recognizing the importanceof both traditional and alternative medicines.
In its section 5.4.11, the policy discusses about traditional and alternative
medicines and traditional nurses4. It gives policy statement on coordinating andpromoting the use of traditional medicines; on engaging the traditional healers in
improving the treatment system; in the conducting of research on traditional
medicines and protection of environment. Of course there is no mention on theprotection of traditional knowledge as such.
In analyzing the other policies, they had no strong policy statements on theprotection of traditional knowledge
4.2
Previous studies on protection of traditional knowledge
A search for literature on studies conducted in Tanzania on the protection of
traditional knowledge was conducted. A study conducted by Bridel (2003) on
Indigenous Plants and Non-Timber Products as Related to Traditional Medicine in
the Nuba Mountains and Southern Blue Nile Region of South Sudan produced achapter on the Status of Protection of the Environment, Traditional and Plant
Medicine in Uganda, Tanzania and Kenya. It was revealed that secrecy was the4

5.4.11 Tiba Asilia, Tiba Mbadala na Ukunga wa Jadi(a) Maelezo
Tiba asilia inatumiwa na wananchi wengi. Takribani asilimia sitini ya wananchi huanza kutumia
tiba asilia wanapopatwa na maradhi kabla ya kwenda vituo vya kutolea huduma za afya. Aidha,
hivi karibuni tiba mbadala imepata umaarufu miongoni mwa wananchi kutokana na uimarikaji
wake duniani.
Kadhalika, wagonjwa hutoka hospitalini na kwenda kutafuta tiba asilia au kutumia aina zote za
tiba kwa pamoja. Vilele, takwimu zinaonyesha kwamba bado kuna wanawake wajawazito
wanaojifungulia nyumbani kwa kusaidiwa na wakunga wa jadi. Pamoja na huduma hizi kutumiwa
na wananchi wengi, uratibu wa uendeshaji wake unahitaji kuimarishwa.
(b) Madhumuni
Kuendeleza, kuratibu na kuboresha utoaji wa huduma za tiba asilia, mbadala na ukunga wa jadi.
(c) Tamko la sera
Serikali itaandaa kanuni, miongozo na taratibu za usimamizi wa utoaji (i) huduma za tiba asilia,
tiba mbadala na ukunga wa jadi.
Watoa huduma za tiba asilia, tiba mbadala na ukunga wa jadi (ii) watashirikishwa kuboresha na
kusimamia utoaji wa huduma hizo.
Wadau watashirikishwa katika kuweka mfumo madhubuti wa kulinda (iii) mazingira na mimea
inayotumika katika tiba asilia na tiba mbadala.
Serikali kwa kushirikiana na wadau itaimarisha, kuendeleza na (iv) kuratibu tafiti za tiba asilia,
tiba mbadala na ukunga wa jadi. (URT, 2007)
National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 27

form of protection of traditional knowledge particularly the knowledge related to
medicinal plants.
In the study by Msuya, he has recommended protection of TK to be through theestablishment of TK databases. He pointed out the database established byEconomic and Social Research Foundation (ESRF) on Traditional Knowledge.
There are not many researches conducted in the area of protection of traditional
knowledge in Tanzania.
4.3
Existing Protection Mechanisms among the Communities
This information has been obtained from the questionnaire survey which was
conducted in the two districts of Tanga region. The data was not segregated in thetwo districts it was analyzed in its totality. Data was collected on thecharacteristics of the respondents and their views on the mechanisms for theprotection of traditional knowledge in these communities. Perspectives of threedifferent groups were sought including the traditional healers, the beneficiaries of
the traditional medicines and the officials at the wards and district level.
4.3.1 Perspective of Traditional Healers(a) Characteristics of the traditional healers-respondents
The questionnaire asked questions on the age, gender, marital status andeducation level of the respondents. With regard to the gender, the results
revealed that the trade is mainly dominated by men.

Male (80%)
Female (20%)

Source: Analysis from the collected field data (2010)

Figure 1: Gender Distribution of Respondents - Traditional Healers
28 | National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

Most of the respondents were males 80.1% (N=165) with only 19.9% (N=41)
being females as indicated in figure 1 above.
Figure 2 below shows the distribution of the age of the respondents. Most of the
respondents are old; at the age range of over 55 year 46% (N=93).

Age group (15 - 24) 2%
Age group (25 - 34) 10%
Age group (35 - 44) 15%
Age group (45 - 54) 27%
Age group (Over 55) 46%

Source: Analysis from the collected field data (2010)

Figure 2: Distribution of the age of the respondents

This indicated that although traditional knowledge is being passed fromgeneration to generation, modern education has influenced the young
generation not to take part in learning traditional knowledge on traditional
medicines. Only 2% (N=3) aged between 15-24 years and 10% (N=21) aged
between 25-34 years are practicing traditional medicines healing. In total only
25% of all respondent are young people. The trade is being dominated by old
persons of the society. As TK is not documented there is a danger of losing thisknowledge. Msuya (2007) has also found out that there is a threat of TK extinction
due to lack of recording and problems associated with preservation andprotection of the knowledge from pirates. It is therefore very necessary to takepurposeful efforts to document this knowledge.
The analysis of the data has shown that the level of education of the respondents
is dominated by primary level education 77% (N=145) and some of the traditional
healers have not taken any formal education 16% (N= 33) as shown in figure 3.

National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 29

Vocational Training 2%
None 16%
Tertiary 2%
Secondary 3%
Primary 77%

Source: Analysis from the collected field data (2010)

Figure 3: Level of Education of Respondents

It is a normal trend that those who are educated, do not prefer to practicetraditional knowledge.
(b) Diseases cured by traditional healers
Most of the respondents have indicated that they cure many diseases, including
those that were listed for selection. i.e. mental- 2% (N=4), women- 5% (N=9), andchildren diseases 6% (N=12). About 16% (N=43) of the traditional healers
indicated that they cure all mentioned diseases. Another 46% (N=89) haveshown that they cure all mentioned disease and other diseases as well. Some of
the traditional healers treat only other diseases excluding the mentioned ones
23% (N=30).

Mental 2%
Women 5%
Children 6%
Others 23%
Mentioned Diseases 16%
Mentioned Diseases 48%& Others

Source: Analysis from the collected field data (2010)

Figure 4: Diseases cured by the traditional healers
30 | National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

They also indicated that the major source of the medicinal plants is from theforests and nearby farms.
(c) Existing Protection Mechanisms
The traditional healers were requested to mention the protection mechanisms of
their knowledge or any existing ways in which the community is utilizing inprotection of traditional knowledge. This was an open-ended question in which
different responses were obtained. The responses were analyzed in their content
and the following three mechanisms were identified. Surprisingly, most of the
respondents were documenting their traditional medicines and the diseases the
medicines cure. Some are protecting their knowledge through secrecy andothers have mentioned training of their children as a way of protecting theirknowledge.
During the FGD, most of the traditional healers mentioned that they protect theirknowledge through secrecy. They do not reveal to others what medicinal plants
they are using for what disease. They say that even if they should show you theplant they will not tell you the techniques to harvest the herb. The harvesting
techniques have got an implication on the healing activities of the herb. TK,
especially traditional medicine is not communal it has got its beholder. One in theclan is responsible for traditional medicines.
(d) Awareness on TK related legislation
Investigation was conducted to test the level of awareness of the traditional
healers on TK related legislation. This is a question which most of the traditional
healers did not respond 61% (N=122). It is an indication of the lack of awarenesson the legislation of concern to the traditional healers. On the remaining 39%(N=78) who responded, the result indicates that most of the healers are aware of
the Traditional and Alternative Medicines Control Act - 64% (N=50). This is an act
which provides a provision of promoting control and regulation of traditional andalternative medicines and regulates the conduct of practitioners and registrationof practitioners. Registration of the traditional healers provides them withrecognition. It is logical that many had interest in obtaining some information
about this act.

National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 31

Others 9%
Food & Drugs Act 6%
Trademark Act 3%
Copyright Act 17%
Patent Act 1%
Trad & Alterna Med Act 64%

Source: Analysis from the collected field data (2010)

Figure 5: Awareness of the traditional healers on the relevant legislation

Few traditional healers are aware of the legislation concerned with theconventional protection mechanism. Only 1% (N=1) are aware of the Patent Act.
About 3% (N=2) were aware of the Trade and Service Mark Act. To some extent
the Copyright Act is known to 17% (N=13) of the respondents. This concurs wellwith the general tendency in Tanzania on lack of awareness on intellectual
property rights issues. In a similar study conducted on IPR awareness among
researcher, it was found out that the level of awareness is low (Shemdoe, 2010).
This is because the whole issue of IPR is relatively new to the public in Tanzania.
4.3.2

Perspective of Beneficiaries of Traditional Medicines(a) Characteristics of the beneficiaries-respondents
An analysis on the characteristics of the beneficiaries on the following
parameters: age, gender, marital status and education level was conducted andthe following were observed: With regard to the gender, most of the respondents
were males 61.9% (N=151) and 38.1% (N=93) being females. This is so, as inthese communities, the spokesperson of the household is the man.
Figure 6 shows the distribution of the age of the respondents. Most of the
respondents' are old at the age range of 35 years to above 50 years.

32 | National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

Age Group (Below 25) 10%
Age Group (25 - 35) 21%
Age Group (35 - 44) 28%
Age Group (45 - 54) 22%
Age Group (Above 55) 19%

Source: Analysis from the collected field data (2010)

Figure 6: Age distribution among the beneficiaries of traditional
medicines

The analysis of the data has shown that the level of education of the respondents
is dominated by primary level education – 75% (N=179) followed by thesecondary level education – 15% (N=35) as shown below in figure 7. This is
expected; as in the rural area settings of the country, with major activity being
based on agriculture.

Vocational Training 1%
None 7%
Tertiary 2%
Secondary 15%
Primary 75%

Source: Analysis from the collected field data (2010)

Figure 7: Level of education among the beneficiaries of the
traditional medicines

National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 33

(b) Utilizing services of traditional healers
Investigation was conducted on the utilization of the services of the traditional
healers among the beneficiaries. Most of the respondents have admitted using
the services of the traditional healers 98% (N=229) though they have ranked it as
second choice in their preference 72.1% (N=176). This shows that traditional
medical services are being used by most people particularly in the rural settings.
The Commission on Intellectual Property Rights (CIPR) (2002) has reported thatup to 80% of the population in the developing countries depends on traditional
medicines in meeting their health care demand.
4.3.3 Perspective of Officials(a) Characteristics of the –respondents
The officials who responded to the questionnaire comprise of cultural officers
10.8% (N=4), Village Executive Officers 21.6% (N=8) and Ward Executive
Officers 45.9 (N=17).
(b) Coordination, registration and protection of traditional healers'
knowledge
The indicated ways of coordinating and registering of the traditional healers were
through visits to the respective offices and through the traditional healers andbirth attendants association called CHAWATIATA.
During the FGD, it was revealed that the office of the District Cultural Officer
issued permits for the traditional healers, but in order to be sure that the permit
holder is a real traditional healer, he must get a letter from his village chairperson
for recommendation. It was further established that there is an association of
traditional healers and indigenous nurses currently with 200 members in Lushoto
District. (Chama cha Waganga na Wakunga Tanzania wa Tiba Asilia(CHAWATIATA). CHAWATIATA provides certificate to its members but he/she
must fill in special forms given by the District Medical Officer. This should be filled
in four copies and one copy goes to District Medical Officer, a copy to the
Regional CHAWATIATA Officer and a third copy to the CHAWATIATA district
officer and the last copy to the District Cultural Officer.
(c) Access to medicinal plants
The respondents indicated that there are no foreigners accessing genetic
resources from their forests. Very few 6.3% (N=2) were aware of the Convention
34 | National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

of Biological Diversity (CBD). About 47.2% (N=17) of the respondents indicatedthat there are some controls to protect extinction of medicinal plants. About 15.2%(N=5) have indicated that they are aware of existing strategies for protection of
TK.
4.4

Mechanisms in which the Traditional Healers Transfer
their Knowledge to Others
This information was obtained from the questionnaire survey which was
conducted in the two districts of Tanga region. A question was posed to the
traditional healers on how they transfer their knowledge and how they benefit
from such transfer. On transferring their knowledge to others, the response wasthat it is done through training as apprentices. They train them on how to treat thedisease, which medicinal plant treats which disease and also to practicallyharvest the plants.
During the FGD, the traditional healers revealed that the passing of knowledge tothe other generations goes with “kiapo” (an oath). The TK holder will observe themembers of his clan and select on one who is kind, honest, and intelligent and
one who has got wisdom - this will be the one to be showed all medicinal plants,
which ailment they cure and how the plant could be harvested and processed.
> On the cooperation between traditional healers and Researchers, some ofthe participants revealed that they have worked with researchers from
Institute of Traditional Medicines (ITM) and St. John University of Tanzania.
Some say that they are not ready to share their knowledge with others.
> Some say unless there are some agreements on which they are ensured ofbenefiting from their knowledge they could agree to share their knowledge.
> There was a suggestion that in order to make traditional healers reveal theirknowledge, the government could establish a traditional medicines hospitaland let the traditional healers work there and introduce ways of incorporating
science into their work.
4.5
Mechanisms of Indigenous Protection of TK
The identified indigenous protection of traditional knowledge is through secrecy
and training of their children as a way of protecting their knowledge.
Documenting of traditional medicines and the diseases the medicines cure wasalso identified as a mechanism for protection. But also the documentation will be
kept secret by the beholder of that knowledge.
National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 35

5. Conclusion & Recommendations
5.1
Conclusions
Protection of traditional knowledge is yet an issue for further debate. This study
revealed that protection mechanisms among the community is mainly secrecy,
which cannot be recommended as a means of protecting the TK. Leakage of thesecrecy could lead to no protection. As TK is not documented there is a danger oflosing this knowledge. Msuya (2007) has also found out that there is a threat of TK
extinction due to lack of recording and problems associated with preservationand protection of the knowledge from pirates.
The service of traditional healers is required and has got its contribution to thehealth care of the society. Though the respondents rated traditional medicines as
the second choice, most of them use this service. There is a need for respect forthis contribution.
Few traditional healers are aware of the legislation concerned with theconventional intellectual property protection mechanism. This concurs well withthe general tendency in Tanzania on lack of awareness on intellectual property
rights issues. This is because the whole issue of IPR is relatively new to the public
in Tanzania.
There is no policy with relevant issues to TK except the National Healthy Policy of2007 which has a policy state ment of working together with the traditional
healers, traditional nurses and is recognizing the importance of both traditional
and alternative medicines.The current legal framework do not provide forprotection of TK. The proposed ARIPO Instrument on the Protection of Traditional
Knowledge, Genetic Resources and Expressions of Folklore is providing forprotection of TK.
36| National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania

5.2

Recommendations

Establishing a Legal frame work for protection of TK
It is recommended that Tanzania needs a comprehensive legal mechanism forthe protection of Traditional Knowledge, lack of which the country has lost andcontinues to lose opportunities in the cause of utilization, transfer andtransformation of Traditional Knowledge based technologies. An instrument
could be developed based on the ARIPO Instrument on the Protection of
Traditional Knowledge, Genetic resources and Expressions of Folklore.
Emphasizing on the Documentation of TK
It is recommended that it is very necessary to take purposeful efforts to document
traditional knowledge as it is in the danger of being extinct. Database such as thatof ESRF should be promoted to ensure that TK is documented.
Need to Establish a TK Policy
Tanzania should establish a TK policy that encourages and provides guidelines
on the innovation, conservation and preservation of TK. The policy is expected toaddress among other things:> Government appreciation of TK;> Political commitment on TK;> Use of TK;> Statement on Protection of TK;> Preservation of TK;> Distribution of benefits accrued from TK.
Outreach Programme
From the study, it is established that the traditional healers are not aware of IPR
issues especially on the protection of their traditional knowledge. Therefore there
is a need to create awareness on IPR issues. This could be done throughestablishing an outreach programme for creating this awareness. This will also
include creation of knowledgeable and skilled Human Resource and public ingeneral on IPR. The programme will have a training and awareness creation on IP
components and benefit sharing. The overall goal of the outreach programme is
to inculcate a culture of innovativeness, creativity, protection and exploitation of
TK. Among the proposed methods are to make use of: mass media campaigns,
booklets, banners, radio & TV programmes, competitions, training andworkshops, etc.
National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 37

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National Policies and Legal Frameworks Governing Traditional Knowledge and Effective Intellectual Property Systems in Southern and Eastern Africa: The Case of Traditional Healers in Tanzania | 39

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