ATPS (2013): Influencing National Legislation, Policies, Strategies and Programmes to ensure appropriate Protection and Benefit-Sharing ofTraditional Herbal Medicinal Knowledge with and by Traditional Herbalists in Uganda. ATPS Research Paper No. 21

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ATPS (2013): Influencing National Legislation, Policies, Strategies and Programmes to ensure appropriate Protection and Benefit-Sharing ofTraditional Herbal Medicinal Knowledge with and by Traditional Herbalists in Uganda. ATPS Research Paper No. 21

2Influencing National Legislation, Policies, Strategies andProgrammes to ensure appropriate Protection and BenefitSharing of Traditional Herbal Medicinal Knowledge with andby 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): Influencing National Legislation, Policies, Strategies and Programmes to ensure appropriate Protection and Benefit-Sharing ofTraditional Herbal Medicinal Knowledge with and by Traditional Herbalists in Uganda. ATPS Research Paper No. 21

3This paper should be cited as:
African Technology Policy Studies Network, ATPS 2013: Influencing National Legislation,
Policies, Strategies and Programmes to Ensure Appropriate Protection and Benefit Sharing ofTraditional Herbal Medicinal Knowledge (THMK) with and by Traditional Herbalists in Uganda[Wanakwakwa J., Munabi C., Lwanga H., Muhumuza J., Gateese T.], ATPS RESEARCHPAPER No. 21© 2013Published by the African Technology Policy Studies Network

ISBN: 978-9966-030-72-6

ATPS (2013): Influencing National Legislation, Policies, Strategies and Programmes to ensure appropriate Protection and Benefit-Sharing ofTraditional Herbal Medicinal Knowledge with and by Traditional Herbalists in Uganda. ATPS Research Paper No. 21

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Table of Contents
Acknowledgements						

6Abstract								

7

1Introduction						

8

2Literature Review						

25

3Materials and Methods					

33

4Research Findings					

35

5Conclusion and Recommendations				54

References							

57ATPS (2013): Influencing National Legislation, Policies, Strategies and Programmes to ensure appropriate Protection and Benefit-Sharing ofTraditional Herbal Medicinal Knowledge with and by Traditional Herbalists in Uganda. ATPS Research Paper No. 21

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 the
Biotechnology 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): Influencing National Legislation, Policies, Strategies and Programmes to ensure appropriate Protection and Benefit-Sharing ofTraditional Herbal Medicinal Knowledge with and by Traditional Herbalists in Uganda. ATPS Research Paper No. 21

6Abstract
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 is a limited number of established laws, policies, strategies orprogrammes in Uganda, to give a firm and clear guidance in the utilization, appropriate
protection, promotion and access to benefit-sharing, of Traditional knowledge pertaining to
the work of traditional herbal medicine in the country. The current and modern regimes on
intellectual property rights are inadequate to sufficiently protect traditional knowledge andassure benefits sharing to the communities from which such knowledge comes. This study
sought to establish the extent of usage of traditional herbal medicine in Uganda and how
traditional knowledge can be protected to assure benefits sharing. The study was conductedin four districts; Mukono (Central), Lira (Northern), Jinja (Eastern) and Hoima (Western)regions of Uganda. The methods employed in data collection were: FGDs, semi structured in
depth questionnaires, key informant interviews, observations, field surveys, literature review
and photography. The data collected was analyzed and processed by using the SPSS 12
software application. Content analysis and descriptive statistics were used. The findings
indicated that more than 50% of the respondents agreed that traditional herbal medicine isused more than the western medicine in the sampled districts. Regarding support to promote
THM practice, almost half (41%) of the respondents mentioned that they do not receive
any form of support from Government or any other institutions. More than three quarters(80%) of the respondents lacked knowledge on policies, laws, conservation of biodiversity
as far as THM promotion is concerned. The findings also indicated varied sources of THM in
the sampled districts. More than 50% of the respondents mentioned that the THM sources
are degraded and this makes the herbal medicine materials scarce and the practice notsustainable. It is generally accepted that traditional knowledge can best be protected througha sui generis approach. To this end, it is concluded that the proposed bills and policies on
traditional medicine can be modeled along the lines of the Swakopmund Protocol to produce
an appropriate legal and institutional framework for the protection of indigenous knowledge
for the benefit of the communities.

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1. Introduction
1.1 BackgroundTraditional knowledge refers to tradition-based literary, artistic or scientific works;
performances, inventions, scientific discoveries, designs, marks, names and symbols,
undisclosed information and all other tradition-based innovations and creations resulting
from intellectual activity in the industrial, Scientific, literary or artistic fields (Carlos M Corre:
2001).
Sometimes it is also referred to as indigenous knowledge. Indigenous can be defined as
native; born or growing or produced naturally in an area (Gilpin 1976: 78). It, therefore,
implies that it originates from and is naturally produced, in an area. It is not introduced fromoutside the particular region, country or environment. In this context, traditional societies canbe referred to as indigenous; as explained by Wamalwa (1991; 37). Traditional knowledge(TK) is the information that people in a given community, based on experience and adapted
to local culture and environment, have developed over time and that continues to develop.
The term traditional used in describing this knowledge does not imply that it is old or untechnical in nature, but that it is tradition-based. It is traditional because it is created in amanner that reflects the traditions of the originating communities, therefore, not relating to thenature of the knowledge itself, but to the way in which that knowledge is created, preserved,
and disseminated.
TK is collective in nature and it is often considered the property of the entire community, notbelonging to any single individual within the community. The knowledge is used to sustain thecommunity and its culture and to maintain the genetic resources necessary for the community’s
continued survival. TK is transmitted through specific cultural and traditional informationexchange mechanisms—for example, orally through elders or specialists (breeders, healers)and often to only a select few people within a community. There are many indigenous people
in the world whose lifestyles are still determined by traditions. It is estimated that there are
200 million indigenous people, close to 4% of global human population. Nearly all these
traditional or indigenous communities live in rural settings. With particular reference to Africa,
many local communities are unaffected by technological advancement and still depend to agreater extent, on their indigenous technologies and local resources (Growing Up: Outreach,No. 90/1993: 38)
The knowledge and uses of specific plants for medicinal purposes (often referred to as
traditional medicine) is an important component of TK. Traditional Medicine (TM) refers to
the sum total of all the knowledge and practices, whether explicable or not, used in diagnosis,
prevention and elimination of physical, mental or social imbalance and relying exclusively on
practical experience and observation handed down from generation to generation, whether
verbally or in writing” (WHO Traditional Medicine Programme Zhang,1998) TM encompasses
a great variety of methods of diagnosis and treatment, including physical, mental and spiritual
therapies. The application of such methods is strongly influenced by the culture and beliefs
dominant in a particular community, to the extent that they may be ineffective when appliedin a different context.
TM includes, thus, knowledge concerning medicines and their use (appropriate dosage,
ATPS (2013): Influencing National Legislation, Policies, Strategies and Programmes to ensure appropriate Protection and Benefit-Sharing ofTraditional Herbal Medicinal Knowledge with and by Traditional Herbalists in Uganda. ATPS Research Paper No. 21

8particular forms of administration, etc.), as well as the procedures and rituals applied byhealers as part of their traditional healing methods. In some cases therapies are primarily
applied without the use of medication, such as acupuncture, chiropractic, Qigong, T’ai Chi,yoga, naturopathy, thermal therapy, and other physical, mental, spiritual and mind-bodytherapies.
In some cases, TRM knowledge is produced by individuals without any interface with thecommunity or outsiders. It may, hence, be held by individuals (“individual knowledge”).
For instance, healers use rituals as part of their traditional healing methods, often allowing
them to monopolize their knowledge, despite disclosure of the phyto-chemical products or
techniques used (Bhatti, 2000). In addition, individuals continuously improve or innovate
existing knowledge.
In other cases, different TM systems coexist within the same country. In India, for instance,
the orally transmitted “folk” system practiced by village physicians/folk healers and tribal
communities, coexists with “scientific” (Sasthreeya) systems such as Ayurveda, Sidha, Unaniand Amchi that are based on organized, codified and synthesized medical wisdom with strong
theoretical and conceptual foundations and philosophical explanations (Pushpangadan
2002).
TM serves the health needs of the vast majority of people in developing countries, where
access to “modern” health care services and medicine is limited by economic and cultural
factors. TM is broadly used in such countries, often being the only affordable treatment
available to poor people and those in remote communities. In a context of persisting poverty
and marginalization and, in particular, in view of the high prices generally charged for patented
medicines, the relevance of TM in developing countries may, in the future, increase.
For instance, the per capita consumption of TM products in Malaysia is more than double
the consumption of modern pharmaceuticals. TM is even significant in relatively advanced
developing countries such as South Korea, where the per capita consumption of TM products
is about 36% more than modern drugs (Balasubramanian, 1997).
TM also plays an important role in developed countries. Many pharmaceutical products
produced and used there are based on, or consist of, biological materials sourced throughreference to traditional medicine. These include compounds extracted from plants and algae,
as well as from microbial sources and animals. Plants, in particular, are an indispensable
source of pharmaceuticals. The demand for “herbal medicines” has grown dramatically inrecent years. The world market for such medicines has reached, according to one estimate,
US$60 billion, with annual growth rates of between 5 and 15 per cent.
WHO (1996), defines herbal medicine as “finished, labeled medicinal products that containas active ingredients aerial or underground parts of plants or other plant material, or
combinations thereof, whether in the crude state or as plant preparations. Plant material
includes juices, gums, fatty oils, essential oils, and any other substances of this nature.
Herbal medicines may contain excipients in addition to the active ingredients. Medicines
containing plant material combined with chemically defined active substances, including
chemically defined, isolated constitutes of plants, are not considered to be herbal medicines.
Exceptionally, in some countries herbal medicines may also contain, by tradition, naturalorganic or inorganic active ingredients which are not of plant origin”.
Downes, (1997) understands “protection” in the context of IPRs, where it essentially means to
exclude the unauthorized use by third parties of protected knowledge. Under this approach,
IPRs may constitute either an offensive mechanism to support the commercialization of
TK and to ensure benefit sharing, or a defensive tool to prevent the misappropriation of
traditional knowledge.
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9Others (e.g., Simpson, 1997) regard “protection” as a means to preserve traditional knowledge
from uses that may erode it or negatively affect the life or culture of the communities thathave developed and applied it. Protection here has a direct positive role in supporting TK
based communities’ livelihoods and cultures, and requires the application of mechanisms such as conservation projects - where IPRs have little or no part to play.
“Benefit sharing” refers here to the fair and equitable participation of TK holders in the benefits
arising from the commercial and other utilization of TK (article 15 (7) of the Convention on
Biological Diversity).
1.2

Policy and legal frame work for traditional knowledge in herbal medicine

1.2.1 International policy and legal framework for traditional knowledge in herbal
medicine
Convention on Biological Diversity
The Convention on Biological Diversity (CBD) adopted and opened for signature at the
1992 United Nations Conference on Environment and Development (UNCED), commits
parties to three objectives namely, conservation of biological diversity; sustainable use of
its components; and fair and equitable sharing of benefits arising out of utilization of genetic
resources. Article 13 of the CBD requires parties to promote and encourage understandingof the importance and the measures required to conserve biological diversity.
NB: Parties to the CBD are obliged to create conditions to facilitate access to genetic
resources for environmentally sound uses by other parties and should not impose restrictions
that run counter to the CBD objectives.
The CBD also provides the platform for recognition of the country of origin of genetic
resources, and the right of the country and local communities from whom those resources
are obtained to meaningfully share the benefits that arise from access of those resources.
Under Article 15.7 of the CBD parties are required to take legislative, administrative or
policy measures in order to share “in a fair and equitable way” the results of research anddevelopment and the benefits arising out from the commercial and other utilization of genetic
resources with the party which provided those resources. Such sharing must be upon“mutually agreed terms.” Benefit sharing must also take the form of access to and transfer oftechnology using those resources, participation in biotechnological research based on thoseresources, and priority access to the results and benefits arising from the biotechnologicaluse of those resources.
Article 8(j) in particular recognizes the importance of ‘knowledge, innovations, and practices
of indigenous and local communities’ for the conservation and sustainable use of biodiversity.
It requires parties to ‘respect’, preserve and maintain’ them, ‘promote their wider application
with the approval and involvement’ of communities and ‘encourage equitable sharing of
benefits from their use’. It is therefore necessary, inter alia, to ensure that benefit sharing
mechanisms give legal recognition to customary systems for protection and control of
traditional knowledge, practices, technology and biological resources.
The Convention on Biological Diversity Article 10(c) requires parties to ‘protect and encouragecustomary use’ of natural resources. This depends on continued use of traditional knowledge
by communities and hence on protecting their rights over the resources. The Convention
requires parties to adopt incentives for biodiversity conservation. The 2002 World summit
on sustainable development plan of implementation stressed the need for local benefits and

ATPS (2013): Influencing National Legislation, Policies, Strategies and Programmes to ensure appropriate Protection and Benefit-Sharing ofTraditional Herbal Medicinal Knowledge with and by Traditional Herbalists in Uganda. ATPS Research Paper No. 21

10incentives. Secure rights over traditional knowledge and related resources are needed toenable communities to generate benefits and can themselves act as incentives for sustainable
management.
The 2002 Bonn Guidelines on Access to Genetic Resources and Fair and Equitable
Sharing of the Benefits Arising out of their Utilization
The Bonn guidelines were formulated as voluntary guidelines with the intention to assist
parties to the CBD to develop and draft legislative, administrative, or policy measures onaccess and benefit sharing and in the elaboration of contracts or other arrangements foraccess to genetic resources and benefit sharing, especially in reference to provisions given
under Articles 8(j), 10(c), 15, 16 and 19 of the CBD.
The objectives of the Bonn Guidelines include, among others: contribution to the conservationand sustainable use of biological diversity; providing a transparent framework that facilitatesaccess to genetic resources and ensures fair and equitable sharing of benefits; and promotionof adequate and effective transfer of appropriate technology especially to developing
countries.
The Bonn guidelines cover all genetic resources and associated traditional knowledge,
innovations and practices covered under the CBD and benefits arising from utilizationof such resources (Article 9 of the guidelines). They provide for resources for roles andresponsibilities in ABS, participation of stakeholders, steps in the access and benefit sharing
process, and general provisions.
Article 16 (d) of the Bonn Guidelines urges the contracting parties to consider providing, inappropriate legal, administrative, or policy measures, measures to encourage the disclosureof the country of origin of genetic resources and of indigenous and local communities in
the applications for intellectual property rights; and measures aimed at preventing the useof genetic resources obtained without the prior informed consent of the contracting party
providing such resources. The said article 16(d) is therefore very important in the face of biopiracy and should be used together with the regime of intellectual property rights (IPRs), by
the user countries or countries where users are located, to check the continued appropriationof genetic resources and associated traditional knowledge, practices and innovations.
The 1971 Convention on Wetlands of International Importance Especially as Waterfowl
Habitat aims at halting the worldwide loss of wetlands and conserving those that remain
through wise use and management. It calls for international cooperation for sustainable
development and targets activities with negative effect on wetlands, ensuring that they do
not lead to loss of biodiversity or diminish the many ecological, hydrological, cultural or social
values of wetlands.
The 1972 Convention Concerning the protection of World Cultural and Natural Heritage
The 1972 Convention Concerning the protection of World Cultural and Natural Heritage wasaimed at establishing an effective system of collective protection of the cultural and natural
heritage of outstanding universal value, organized on a permanent basis and in accordancewith modern scientific methods. Habitats of threatened plants or animal species and areasof value on scientific or aesthetic grounds or from a conservation perspective are included
for protection.
The 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora(CITES) brings together biodiversity conservation and wildlife trade. It recognizes the needto regulate access to wildlife resources aimed at economic benefit through trade; the everincreasing value of wildlife fauna and flora; and highlights the need to protect them; and theimportance of having international cooperation for this to happen. It also points at the needfor instituting appropriate measures.
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The World Charter for Nature
The World Charter for Nature declares that essential ecological processes and life support
systems shall not be impaired and the genetic viability on the earth shall not be compromised.
The 1992 United Nations Framework Convention on Climate Change (UNFCCC) aims at
reducing emissions of greenhouse gases. Its main objective is to achieve stabilization ofgreenhouse gas concentrations in the atmosphere at a low enough level to prevent dangerous
anthropogenic interference with the climate system. It can be argued that regulation of climatechange would, among others, impact on availability and nature of genetic resources.
The 1994 United Nations Convention to Combat Desertification
The 1994 United Nations Convention to Combat Desertification in those countries experiencing
serious drought and or desertification particularly in Africa seeks to achieve sustainable
development through better land and water resources management. It is primarily concernedwith management of ecosystems and habitats. This provides a platform for conservation ofgenetic resources.
The World Trade Organisation (WTO) Agreement
The World Trade Organisation (WTO) Agreement on aspects of Intellectual Property Rights(TRIPS) provides, in Article 8, for the right to adopt appropriate measures consistent withthe provisions of the TRIPS Agreement to prevent the abuse of intellectual property rights orpractices which adversely affect international technology transfer. Article 30 is on the right toprovide limited exceptions to patent rights; article 39 is on the obligation to protect undisclosed
information and Article 40 is on the right to adopt appropriate measures to protect or control
restrictive practices associated with intellectual property rights which impede the transfer anddissemination of technology.
Article 27.3(b) of the TRIPS Agreement allows members to exclude from patentability plants
and animals other than microorganisms, and essential biological processes for the productionof plants or animals other than non-biological and microbiological processes. However,
Members shall provide for the protection of plant varieties either by patents or by an effective
sui generis system or by any combination thereof.
The World Intellectual Property Organisation (WIPO) in the context of its committees on
intellectual Property and Genetic Resources, Traditional Knowledge and Folklore and theStanding Committee on the Law of Patents as well as its working Group on the Reform of the
Patent Cooperation Treaty (PCT) regulates the patenting of genetic resources.
In respect to genetic resources, the work of the WIPO Intergovernmental Committee (IGC)
has covered three main areas, namely: defensive protection of genetic resources throughmeasures which prevent the grant of patents over genetic resources that do not fulfill therequirements of novelty and non-obviousness; IP aspects of access to genetic resources andequitable benefit –sharing arrangements that govern use of genetic resources; and disclosure
requirements in patent applications that relate to genetic resources and associated traditional
knowledge used in a claimed invention.
1.2.2 Regional (Africa) policies and laws that promote THM
The 1968 African Convention on the Conservation of Nature and Natural Resources was
the first post-colonial regional instrument that marked a new era of natural resources
regulation, control and joint conservation and management in Africa. It focuses on ecosystemconservation, floral and faunal conservation. It also regulates trade and transport of specimens
and trophies.
The 1994 Lusaka Agreement on Cooperative Enforcement operations Directed at illegal

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12Trade in Wild Fauna and Flora focuses on conservation of wild species. Its objective is to
reduce and eventually eliminate illegal trade in wild fauna and flora and to set up a permanenttask force for this purpose.
African model legislation for the protection of the rights of local communities, farmers
and breeders, and for the regulation of access to biological resources, 2000
The main aim of the legislation is to ensure the conservation, evaluation and sustainable
use of biological resources, including agricultural genetic resources, and knowledge andtechnologies in order to maintain and improve their diversity as a means of sustaining all life
support systems. The specific objectives are to:
•
•
•
•
•
•
•

•
•
•
•

Recognize, protect and support the inalienable rights of local communities including
farming communities over their biological resources, knowledge and technologies;
Recognize and protect the rights of breeders;
Provide an appropriate system of access to biological resources, community knowledge
and technologies subject to the prior informed consent of the State and the concerned
local communities;
Promote appropriate mechanisms for a fair and equitable sharing of benefits arising fromthe use of biological resources, knowledge and technologies;
Ensure the effective participation of concerned communities, with a particular focus on
women, in making decisions as regards the distribution of benefits which may derivefrom the use of their biological resources, knowledge and technologies;
Promote and encourage the building of national and grassroots scientific and technologicalcapacity relevant to the conservation and sustainable use of biological resources;
Provide appropriate institutional mechanisms for the effective implementation andenforcement of the rights of local communities, including farming communities andbreeders, and the conditions of access to biological resources, community knowledge
and technologies;
Promote the conservation, evaluation and sustainable utilization of biological resources
with a particular focus on the major role women play;
Promote improvements in the productivity, profitability, stability and sustainability of major
production systems through yield enhancement and maintenance of biological diversity;
Promote the supply of good quality seed/planting material to farmers; andEnsure that biological resources are utilized in an effective and equitable manner in orderto strengthen the food security of the nation.

The legislation applies to biological resources in both in situ and ex situ conditions, thederivatives of the biological resources, community knowledge and technologies, local andindigenous communities and plant breeders.
The following are the requirements for accessing biological resources under the legislation:
1. Any access to any biological resources and knowledge or technologies of local communities
in any part of the country shall be subject to an application for the necessary prior informed
consent and written permit.
2. Any access to any biological resource in a protected area shall be subject to an application
for the necessary prior informed consent and written permit.
3. All applications for the necessary consent and written permit to access any biologicalresource, community knowledge or technology, shall be directed to the National Competent
Authority unless otherwise explicitly provided for by law.
Under the legislation consultation and Prior Informed Consent (PIC) are required as indicatedbelow:
1. Any access to biological resources, knowledge and or technologies of local communities
shall be subject to the written prior informed consent of:• The National Competent Authority; as well as that of• The concerned local communities, ensuring that women are also involved in decision
making.
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2.

3.

Any access carried out without the prior informed consent of the State and the concerned
local community or communities shall be deemed to be invalid and shall be subject tothe penalties provided in this legislation or any other legislation that deals with access tobiological resources.
The National Competent Authority shall consult with the local community or communities inorder to ascertain that its/their consent is sought and granted. Any access granted without
consultation with the concerned community or communities shall be deemed to be invalid
and in violation of the principle and requirement for prior informed consent as required
under this Article.

Part II Section 9 of the legislation regarding Patents over Life Forms and Biological Processes
is detailed as below:
1. Patents over life forms and biological processes are not recognized and cannot beapplied for.
2. The collector shall, therefore, not apply for patents over life forms and biologicalprocesses under this legislation or under any other legislation relevant to the regulationof access and use of a biological resource, community innovation, practice, knowledge
and technology, and the protection of rights therein.
Section 12 focuses on Benefit Sharing and Sub section 1 states that the access permit
should be subject to the payment, made before commencement of collection, of a fee thesum of which will depend on whether or not the collection is to be used for commercial
purposes, and the number of samples, the area of collecting, the duration of collection andwhether or not the collector is granted exclusive rights. Sub section 2 states that the Stateand the community or communities shall be entitled to a share of the earning derived fromwhen any biological resource and/or knowledge collected generates, directly or indirectly, a
product used in a production process.
Part IV, Section 16 regarding recognition of the rights of local and indigenous
communities indicates that the State recognizes the rights of communities over thefollowing:• Their biological resources;• The right to collectively benefit from the use of their biological resources;• Their innovations, practices, knowledge and technologies acquired through generations;• The right to collectively benefit from the utilisation of their innovations, practices,knowledge and technologies;Their rights to use their innovations, practices, knowledge
and technologies in the conservation and sustainable use of biological diversity;• The exercise of collective rights as legitimate custodians and users of their biologicalresources;
Section 17 regarding application of the law on community rights states that the State recognizes
and protects the community rights that are specified in Article 16 as they are enshrined andprotected under the norms, practices and customary law found in, and recognized by, theconcerned local and indigenous communities, whether such law is written or not.
Section 18 regarding the Prior Informed Consent (PIC) of local communities states that any
access to a biological resource, innovation, practice, knowledge or technology, shall be
subject to the Prior Informed Consent (PIC) of the concerned community or communities
ensuring that women fully and equally participate in decision making.
Section 19 on the right to refuse consent and access stipulates that local communities havethe right to refuse access to their biological resources, innovations, practices, knowledge andtechnologies where such access will be detrimental to the integrity of their natural or cultural
heritage.
Section 20 on the right to withdraw or place restrictions on consent and access stipulates
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14that local communities shall have the right to withdraw consent or place restrictions on theactivities relating to access where such activities are likely to be detrimental to their socioeconomic life, or their natural or cultural heritage.
Regarding the right to traditional access, use and exchange, section 21 highlights thefollowing:
1. Local communities shall exercise their inalienable right to access, use, and exchangeor share their biological resources in sustaining their livelihood systems as regulated bytheir customary practices and laws.
2. No legal barriers shall be placed on the traditional exchange system of the local
communities in the exercise of their rights as provided for in paragraph (1) above and inother rights that may be provided by the customary practices and laws of the concerned
local communities.
On the right to benefit, Section 22 of the legislation states that:
1. The State shall ensure that at least fifty per cent of benefits provided for in Article 12.2
shall be channeled to the concerned local community or communities in a manner which
treats men and women equitably.
2. The sharing the benefits in paragraph 1) above shall involve the full participation andapproval of the concerned local community or communities.
Regarding recognition of community intellectual rights Section 23 states that:
1. The Community Intellectual Rights of the local communities, including traditional
professional groups, particularly traditional practitioners, shall at all times remain
inalienable, and shall be further protected under the mechanism established by thislegislation.
2. An item of community innovation, practice, knowledge or technology, or a particular use of
a biological or any other natural resource shall be identified, interpreted and ascertainedby the local communities concerned, themselves, under their customary practice andlaw, whether such law is written or not.
3. Non-registration of any community innovations, practices, knowledge or technologies, is
not to mean that these are not protected by Community Intellectual Rights.
4. The publication of a written or oral description of a biological resource and its associatedknowledge and information, or the presence of these resources in a gene bank or any
other collection, or its local use, shall not preclude the local community from exercising
its community intellectual rights in relation to those resources.
Swakopmund Protocol on the Protection of Traditional Knowledge and Expressionsof Folklore within the Framework of the African Regional Intellectual Property
Organization (ARIPO), 2010
The protocol was adopted by the Diplomatic Conference of African Regional Intellectual
Property Organization (ARIPO) at Swakopmund (Namibia) on August 9, 2010. The purposeof this Protocol is:• To protect traditional knowledge holders against any infringement of their rights asrecognized by this Protocol; and• To protect expressions of folklore against misappropriation, misuse and unlawful
exploitation beyond their traditional context.
Part II of the protocol focuses on protection of traditional knowledge and Section 4 highlights
protection criteria for traditional knowledge. It states that Protection shall be extended to
traditional knowledge that is:• Generated, preserved and transmitted in a traditional and intergenerational context;• Distinctively associated with a local or traditional community; and• Integral to the cultural identity of a local or traditional community that is recognized asholding the knowledge through a form of custodianship, guardianship or collective andcultural ownership or responsibility. Such a relationship may be established formally or
informally by customary practices, laws or protocols.
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15Section 6 of the protocol highlights the beneficiaries of traditional knowledge. It states thatthe owners of the rights shall be the holders of traditional knowledge, namely the local andtraditional communities, and recognized individuals within such communities, who create,preserve and transmit knowledge in a traditional and intergenerational context in accordancewith the provisions of section 4.
Section 9 of the protocol focuses on equitable benefit-sharing. Sub-section 9.1 states that theprotection to be extended to traditional knowledge holders shall include the fair and equitable
sharing of benefits arising from the commercial or industrial use of their knowledge, to be
determined by mutual agreement between the parties.
Sub-section 9.2, indicates that the national competent authority shall, in the absence of suchmutual agreement, mediate between the concerned parties with a view to arriving at anagreement on the fair and equitable sharing of benefits. While Sub-section 9.3 state that theright to equitable remuneration might extend to non-monetary benefits, such as contributions
to community development, depending on the material needs and cultural preferences
expressed by the traditional or local communities themselves.
Section 10 of the protocol states that any person using traditional knowledge beyond its
traditional context shall acknowledge its holders, indicate its source and, where possible, its
origin, and use such knowledge in a manner that respects the cultural values of its holders.
Section 13 indicates the duration for which traditional knowledge can be protected. It
states that traditional knowledge shall be protected for so long as the knowledge fulfills
the protection criteria referred to under section 4, except that where traditional knowledge
belongs exclusively to an individual, protection shall last for 25 years following the exploitationof knowledge beyond its traditional context by the individual.
Section 14 subsection 1 states that to ensure the effectiveness of the protection of
traditional knowledge, the national competent authority and ARIPO Office acting on behalfof the Contracting States shall be entrusted with the tasks of awareness-raising, education,
guidance, monitoring, registration, dispute resolution, enforcement and other activities
related to the protection of traditional knowledge. Section 14 Sub-section 2 indicates that the
National competent authorities shall be entrusted, in particular, with the task of advising andassisting holders of protected traditional knowledge in defending their rights and instituting
civil and criminal proceedings, where appropriate and when requested by them; while
Section 14 Sub-section 3 states that where two or more communities in different countries
share the same traditional knowledge, the ARIPO Office shall be responsible for raisingawareness, education, guidance, monitoring, dispute resolution and other activities relating
to the protection of the traditional knowledge of those communities.
This protocol represents the best form of sui generis protection for traditional knowledge
encompassing aspects of benefit sharing.
1.2.3 Policy and legal framework in Uganda
There are a number of policies and laws regulating traditional herbal medicine. These include;
The National Science and Technology Policy, 2001
The National Science and Technology Policy of 2001 provides for the formulation of a policy
to guide the prudent use of biotechnology for sustainable development. It envisages thedevelopment of a national institutional frame work for regulatory, administration and researchand development. It caters for the promotion of an enabling environment for the creation ofpartnerships between the private and the public sectors for the development of products ofbiotechnological applications. The National Science and Technology Policy provides for theformation of a policy on IPR. However, the specific policy on Intellectual Property Rights
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(IPR) is not yet in place. What could be referred to as the national policy may only be takenfrom various pieces of legislation as well as from various government policy statements. Partof the policy pertain to IP rights may be, by implication, also read in international conventions
and treaties to which Uganda is a signatory, like the TRIPS agreement.
Draft National Biotechnology and Biosafety Policy
This policy framework aims at promoting the safe use of biotechnology to address economic,
social and environmental problems. It contains provisions for assessment and managementof risks arising from modern biotechnology applications that are likely to have adverse effects
on conservation and sustainable use of biodiversity taking into account risks to human health.
The draft Biosafety Regulations 1999, so far is the only comprehensive legislation governing
biotechnology issues and specifically biosafety in Uganda. The regulations contain provisions
on Risk Assessment, Risk Management, Unintentional release and emergency measures,
identification and labeling, exports of GMOs or products of GMOs, among others; while theregulations make provision for biotechnology products, this is made within the context of
liability and redress regimes.
National Forest Policy, 2001
The policy provides for the conservation of biodiversity and the need to involve communities
and private owners in the management of forest resources within protected areas. The policy
has a bearing on the collection of medicinal plants within forest reserves.
The draft National Policy on Indigenous Knowledge (IK)
The draft National Policy on Indigenous Knowledge (IK) seeks to guide the process of
integrating IK in the national development process. The draft policy calls for recognition of thevalue of Indigenous Knowledge (IK) in empowering local communities and urges government
to adopt and support national IK efforts and to incorporate IK in its comprehensive National
Development Framework. It provides for the sensitization and advocacy for IK, documentation,
Research, Validation and Dissemination of IK, commercialization and industrialization of IK,
capacity building for IK and resource mobilization for IK.
The Patents Act 1991 provides for the grant, registration, and protection of patents and forother purposes incidental thereto. It also provides for the registration and protection of IPR
in patents and utility models. The Patents (Amendment) Act, 2002 amends the Patents Act
to provide for international applications and connected matters by giving effect in Uganda to
the provisions of the Patents Co-operation Treaty signed at Washington on 19th June 1970.
The amendment introduces provisions for processing by the patents Registry in Uganda,
of international applications in accordance with an international system under the Treaty
whereby a single application made and filled in a country that is party to the treaty, has effectas an application in any other country that is party to the Treaty.
The Constitution of the Republic of Uganda, 1995
The constitution of the Republic of Uganda, promulgated in 1995, sets the platform on whichissues of biodiversity conservation could be expounded upon. In its National Objectives andDirective principles of state policy, the Constitution provides in paragraph 13 on protectionof natural resources that “the State shall protect important natural resources including land,
water, wetlands, minerals, oil, fauna and flora on behalf of the people of Uganda.” The natural
resources mentioned are very important sources of traditional herbal medicine. In paragraph
27 on the environment, it provides for the principle of sustainable development, conservationof natural resources and protection of the biodiversity of Uganda.
These constitutional provisions provide the basis for legal and policy action on biodiversity
conservation and in particular access to benefit sharing.

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The National Environment Act Cap. 153
The National Environment Act Cap. 153 among others provide for conservation of biologicalresources in- situ and ex-situ and access to genetic resources and benefit sharing. Section
44 enables the National Environment Management Authority (NEMA) in consultation with thelead agency to prescribe measures for the sustainable utilization of the genetic resources of
Uganda for the benefit of the people of Uganda.
The National Environment (Access to Genetic Resources and Benefit Sharing)
Regulations, 2005
The National Environment (Access to Genetic Resources and Benefit Sharing) Regulations,2005 whose main objectives are: to prescribe the procedure for access to genetic resources
for scientific research, commercial purposes, bio-prospecting, conservation or industrial
applications; to provide for the sharing of benefits derived from genetic resources andto promote the sustainable management and utilization of genetic resources, thereby,
contributing to the conservation of the biological resources of Uganda.
Regulation 9 is concerned with management of genetic resources and it states that the rightto determine, control and regulate access to genetic resources found in Uganda is vested in
the Government for the benefit of the people of Uganda and shall be exercised in accordancewith the Regulations.
Regulation 10 states that no person shall access genetic resources from any part of Uganda,
unless that person has obtained a written prior informed consent form, and entered into
an accessory agreement with the lead agency, local community or owner; carried out anenvironment impact assessment, in accordance with regulation 16, where required; enteredinto a materials transfer agreement in accordance with the regulations and obtained anaccess permit from the UNCST in accordance with the regulations.
Regulation 20 (1) states that the benefits accruing from the collection, modification and use
of genetic resources shall be shared in accordance with the principle of fairness and equity,and on mutually agreed terms.
Regulation 20 (2) states that the benefits accruing from access to genetic resources
under a materials transfer agreement or accessory agreement shall vary on a case basis
and shall include among other things participation by Ugandan citizens and institutions inscientific research and other activities involving access to genetic resources; sharing ofaccess fees and royalties, research funds, license fees, and other special fees that support
conservation of biodiversity; payment of salaries, where mutually agreed; collaboration in
education and training related to genetic resources; transfer of knowledge and technology
under favorable terms and, in particular, knowledge that makes use of genetic resources,
including biotechnology, or knowledge that is relevant to the conservation and sustainable
use of biological diversity; access to scientific information such as biological inventories
and taxonomic studies; contributions to the development of the local community; benefits
relating to food security and joint ownership of patents and other relevant forms of intellectual
property rights.
The Uganda National Council for Science and Technology Act Cap, 209 established the
Uganda National Council for Science and Technology (UNCST) as a corporate body tooversee scientific research and technology developments. The council is charged withrationalizing the integration of science and technology in socio-economic development andadvice the Government on all matters relating to scientific and technological activities.
The Uganda Wildlife Act, 2000
The Uganda Wildlife Act, 2000 promotes sustainable management of wildlife, which isdefined to include any wild plant or wild animal of a species native to Uganda and wild
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animals which migrate through Uganda. The law is intended to promote the conservation of
wildlife in Uganda in order to maintain the biological diversity that exists for the benefit of thepeople of Uganda. This includes the protection of rare, endangered and endemic species ofwild animals and plants. It introduces community based management of wildlife resources
and puts in place some mechanisms to allow regulated access to and utilization of wildlife
and sharing of benefits from wildlife management.
The National Forestry and Tree Planting Act, 2003
The National Forestry and Tree Planting Act, 2003 provides the legal framework forconservation and sustainable management of Uganda’s forest resources for the benefit of
the people and promotes sharing of benefits derived there from. It provides that forests shallbe managed so as to conserve biological diversity, ecosystems and habitants among others.
The land Act, Cap 227
The land Act, Cap 227 of laws of Uganda provides for tenure, ownership and management ofland in Uganda. It imposes a duty, under section 43, on land owners or managers to manage
the land in accordance with the National Environment Act, the National Forestry and Treeplanting Act, The Uganda Wildlife Act and any other law. The said laws promote conservationand sustainable use of natural resources.
The Local Government Act Cap 243
The Local Government Act Cap 243 Laws of Uganda, 2000, among other things, gives effectto the devolution of functions, powers and services from the Central Government to Local
Governments; and provides for decentralization at all levels of local government. Sections
30 and 31 of the act stipulate the functions of local government councils. Under Schedule IIof the Act, local government councils are responsible for environment management under
their jurisdiction.
The National Agricultural Research Organization statute, 1992
The NARO was established as a corporate body under MAAIF by NARO Statute to undertake,promote and coordinate research for crops, livestock, fisheries and forestry and to ensure
dissemination and application of research results. The national botanical gardens are
entrusted to NARO and one of their functions is to maintain specimen’s collections, to assess
species of potential medicinal interest and also to prescribe conditions and responsibilities ofcollectors before, during and after collection.
The Industrial Property Bill, 2001
The Industrial Property Bill (2001) provides for the promotion of inventive and innovative
activities to facilitate the acquisition of technology through the grant and regulation ofpatents, utility models, technovations and industrial designs. The bill, if enacted into law,would modernize an important part of Uganda’s regime of intellectual property law. It covers
all industrial property (patents, industrial designs, utility models and technovations) except
trademarks.
The National Drug Statute Policy and Authority Act, 2000
The National Drug Statute Policy and Authority Act, 2000 provides a regulatory framework forthe importation, administration, handling, sale and other matters pertaining to drugs including
herbal drugs. The functions of the National Drug Authority include encouraging research anddevelopment of herbal medicines.
The Plant Protection Act, 1964
The law regulates the introduction of exotic plants and micro-organisms into the country.
The draft National Regulation for Plant Germplasm Collection and Transfer
The objective of the regulations among others is to promote the conservation, collection anduse of plant genetic resources. This is done through promotion of the safe exchange of plant
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19genetic resources, information and technologies. It provides for ensuring that collection of
germplasm is undertaken in full respect of national laws, local customs, rules and regulations.
It also provides appropriate standards of conduct and defines obligations of collectors andpromotes sharing of benefits derived from plant genetic resources.
Traditional Medicine Bill
Traditional Medicine Bill seeks to establish a Council to regulate the practice of traditional
medicine, to register practitioners and license practices and to provide for related matters.
Practice in herbal medicine in Uganda has been under the National Drug Policy and Authority
Act but it was felt that there was need to regulate traditional medicine independently andbring it to nationally and internationally acceptable standards.
The National Biodiversity Strategy and Action Plan for Uganda
The National Biodiversity Strategy and Action Plan for Uganda that was prepared inaccordance with Article 6a of the Conservation of Biological Diversity on general measuresfor conservation and sustainable use of Biodiversity. The strategy seeks to promote thesustainable use and fair sharing of costs and benefits of biodiversity.
1.3
Institutions responsible for promotion of THM and benefit sharing in Uganda
The following are the institutions responsible for promoting THM and benefit sharing in
Uganda:National Drug Authority (NDA)
NDA carries out registration, information dissemination, inspections and quality control, ofvarious drugs in Uganda (THM), among others.
Ministry of Justice and Constitutional Affairs
Among other roles, the ministry facilities the development and enactment of appropriate laws
and legislation for the different development sectors in Uganda (including that of THM).
Natural Chemotherapeutics Research Laboratory/ Institute (NCRL/I)
The Natural Chemotherapeutics Research Laboratory is a government research anddevelopment centre under the Ministry of Health (MoH). It was created in 1964 with themandate to carry out applied research on natural products (plants, animal parts and minerals)with the view of justifying therapeutic claims from traditional medicine practitioners in Uganda.
The centre undertakes the development of quality natural products and services for improved
health care delivery by applying both indigenous and modern technologies.
Ministry of Water and Environment (MWE)The Ministry is composed of directorates, a number of departments and divisions, with someof them dealing with biodiversity conservation.
National Environment Management authority (NEMA)
NEMA is the coordinating, monitoring and supervisory body for environment management.
This covers both green and brown issues of environmental management. NEMA oversees
the implementation of all environmental conservation programmes and activities of therelevant lead agencies both at national and local government levels. NEMA initiates, incollaboration with lead agencies, the formulation of a national policy on access to genetic
resources; collaborate with lead agencies in carrying out public awareness campaigns,
designing capacity building programmes, and ensuring compliance with and enforcement of
the regulations; to develop, in collaborations with UNCST and lead agencies, guidelines foraccess to, and export genetic resources and advise on access to genetic resources outside
protected areas.
The National Forest Authority (NFA)
NFA has the major mandate of sustainable management of Central Forest Reserves (CFRs)
to optimize their economic, environment and social functions and contribute towards poverty
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reduction. The NFA also targets supply of high quality forest products and services on acontractual basis. The NFA mission addresses in situ forest conservation wholly, providing
for harnessing of the benefits from forest products for local communities and other interested
parties.
The Local and community Forest Reserves are under the jurisdiction of the Locals Councils
at district levels. This means that both the NFA and local governments are directly responsible
for genetic resources in forests depending on where the resources are.
The Wetlands Management Department (WMD)
WMD is a department under the Ministry of Water and Environment and is the lead agency
for wetlands management in the country.
The Ministry of Local Government (MoLG)
MoLG is charged with overall co-ordination of local government policy and supervision of
local authorities. The decentralized functions related to natural resources management are
the preserve of local councils.
The Ministry of Tourism, Trade and Industry (MTTI)
MTTI is the government ministry responsible for the development of trade, tourism andwildlife related enterprises. The MTTI is also responsible for CITES and management ofworld heritage sites. Within this ministry is the Uganda Tourist Board (UTB), charged with thepromotion of tourism; the Uganda Wildlife Authority (UWA) for wildlife conservation and thedepartment of antiquities charged with preservation of Uganda’s cultural heritage.
The Ministry of Finance, Planning and Economic Development (MoFPED)MoFPED is the institution responsible for development and implanting financial and economic
development policies. Under the supervision of this ministry, is the Uganda Investment
Authority (UIA) which endeavors to promote investment opportunities including but notlimited to, agriculture, forestry and mineral resources.
The Ministry of Agriculture, Animal Industry and Fisheries (MAAIF)
MAAIF is the ministry responsible for the development of agriculture, animal industry andfisheries. Within the ministry is the phytosanitary division which is responsible the monitoring
and controlling the movement of plant genetic resources and, the control of alien and invasive
species.
Uganda National Council for Science and Technology (UNCST)
UNCST is the government agency charged with co-ordination and monitoring of all researchwithin the country. This includes bio-prospecting and research related to biodiversity
conservation, which includes access to genetic resources. The council is linked to sectors
through its specialized, technical committees (STCs) on agriculture and allied sciences,
health sciences, physical sciences, natural sciences, industrial and engineering sciences
and, social sciences and humanities. STCs are policy organs of the council whose function isto report to, recommend and advise the council on all science and technology policy makers
in their respective sectors. UNCST is specifically responsible for receiving and facilitating
the expeditious processing of all applications for access to genetic resources; coordinate
all activities of lead agencies relating to access to genetic resources in accordance with
the National Environment (Access to Genetic Resources and Benefit Sharing) Regulations,
2005; ensure the people of Uganda benefit from the genetic resources accessed; facilitate
negotiation and conclusion of all accessory and materials transfer agreements, including theterms and conditions upon which access is to be granted among other functions.
Ministry of Gender Labour and Social Development (MGLSD)
The Ministry is the leading and coordinating agency for the Social Development Sector. In
collaboration with other stakeholders, the ministry is responsible for Community empowerment,
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protection and promotion of the rights and obligations of the specified vulnerable groups forsocial protection and gender responsive development.
The Ministry’s mandate is to empower communities to harness their potential through cultural
growth, skills development and labour productivity for sustainable and gender responsive
development.
The Convention on International Trade in Endangered Species of Fauna and Flora(CITES)
The CITES is the Science and Management Authority, for purposes of ABS Regulations,issues CITES export, import permits or certificates; recommends species that may be tradedin or offered for sale nationally and internationally; monitors the population of wild fauna andflora in trade or offered for trade and, communicates with CITES secretariat, Parties to theConvention or other legal agencies or person performing similar or related functions.
The National Biosafety Committee
The committee is the national administrative arm of the UNCST on matters concerning
biotechnology and biosafety. Its main functions is to provide technical advice on biosafetyissues to government especially with regard to the continued assessment of risk andbenefits associated with the production and/or application of biological materials producedin laboratories and those occurring in nature. The committee also maintains links withbiotechnology instructions through institutional biosafety committees.
The Uganda Wildlife Authority (UWA)UWA is responsible for managing, on behalf of the people of Uganda, all wildlife resourcesin and outside protected areas. The protected areas include national parks, game reserves
and sanctuaries. Uganda has a total of ten national parks, twelve game reserves and overfifteen sanctuaries. These protected areas are major sources of genetic resources in animals
and plants, some of which are currently being used and others unknown. The law which set
up this authority clearly highlights the significance of general resources and allows the local
communities living near those resources to access and benefit from them. The law also
stipulates the need to develop relevant regulations and guidelines for the access and use of
these resources.
The National Agricultural Research Organization (NARO)
NARO is an amalgamation of several research institutions that existed within several
government ministries. This umbrella organization is the largest research body in Uganda,
comprising nine research institutes and eleven agricultural research and development
centers (seven of which have operationalised to-date).
1.4
Problem Statement
Traditional Herbal Medicinal Knowledge systems in situ are fast disappearing as degradationof natural resources like forests, wetlands, grasslands is taking place at an alarming rate
especially in developing countries (Uganda inclusive) as well as losing cultural values andcustomary laws. This calls for protection of community rights over their bio-cultural heritage
as a whole; that is, traditional knowledge, bio-resources, culture and land.
To-date, intellectual property (IP) rights are not adequately extended to the holders of
Traditional Knowledge (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 andconsidered part of the public domain with no protections or benefits for the knowledge

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22holders, or expropriated for the financial gains of others, often referred to as biopiracy. Thereis a need to establish modalities, mechanisms and strategies to protect the herbal medicine
knowledge holders and also enable them benefit from their knowledge.
Clearly, the use of many institutions to manage traditional knowledge can only be a recipe
for disorganization and unnecessary competition amongst the various government agencies.
The need for a one-stop house is clearly apparent.
1.5
Research questions
1. What are the levels of traditional herbal knowledge among traditional herbalists, herbal
users and policy makers in Uganda?
2. What is the capacity of service provision by traditional herbalists?
3. What are the consumption levels of herbal users in Uganda?
4. To what extent and level are appropriate protection and benefit sharing policies, strategies
and programmes supportive to herbal medicine in Uganda.
1.6

Objectives

Overall objective
The research aimed at influencing policy makers to enhance and develop policies, legal
frameworks, strategies and programmes, to protect Traditional Knowledge (TK) in herbal
medicine in Uganda.
Specific objectives
The specific objectives of the study were to:• Assess the levels of traditional herbal knowledge among traditional herbalists, herbal
users and policy makers in Uganda.
• Determine the capacity of service provision by traditional herbalists and consumption
levels of herbal users in Uganda?
• Ascertain the level of appropriate protection and benefit sharing policies, strategies andprogrammes in support to herbal medicine in Uganda.
• Come up with practical and feasible recommendations pertaining to appropriate protection
and benefit sharing mechanisms for traditional herbal medicine in Uganda.
1.7
Justification
The research is contributing towards the ATPS Intellectual Property Program strategic
objective of promoting stakeholder participation in policy and legal framework development
for traditional knowledge, access and benefit-sharing and effective Intellectual Propertysystems.
A limited understanding of patenting and intellectual property rights also intensifies a
reluctance to disclose knowledge, for fear of exploitation and that this may be ‘stolen’. It isfurther reported that a number of traditional practitioners are still secretive about the contentsof their medicine, resulting in indigenous medicinal knowledge remaining concealed, andsome effective medicines not being validated or produced on a large scale.
Likewise, lack of entrepreneurship skills, including those in marketing, packaging andrecord keeping, also results in limited economic benefit for the traditional healers and maylead to reluctance to share information with whoever can commercialize their products. In
addition, potential investors stay away from commercial traditional medicine production anddistribution, because of the absence of the necessary policy framework, leaving traditional
healers with limited avenues to access funds.
Research funding is limited in Uganda, and this poses particular challenges in the field of
traditional medicine, given the high costs involved (estimated at up to Ushs 40 million per
specimen). Validation requires time, specialized and costly testing equipment, with spares
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23that cannot be obtained locally (www.crossculturalfoundation.or.ug.)
Given these challenges, it is hoped that the findings and recommendations of this research
become instructive so as to inform the establishment of the current status of traditional
herbalists in Uganda and then go ahead to develop mechanisms for appropriate interventions.
Such interventions would seek to ensure that the targeted traditional herbalists improvetheir capacity to roll out more competitive products for a better income while at the sametime improving the health and wealth of their clients; likewise, more empowered traditional
herbalists are likely to establish herbal gardens, farms and forests, a move that promises toenhance protection of the environment and hence, mitigate the currently pressing hazards ofclimate change that face Uganda and the world today.

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2.0

Literature Review

2.1
Promotion of Traditional Herbal Medicine Practices
WHO, (2004) observed that 80% of the people living in the African region use traditional
medicine for their health care needs. Nelson-Harrison et al, (2002), noted that up to 80% ofAfricans or more than a half billion people visit traditional healers for some or all of their medicalcare. In Africa and in many developing nations, medical services are limited or unobtainable
for the majority of the population. It is the traditional healers and birth attendants in rural andurban areas that have historically provided and continue to provide primary healthcare. They
are the vital link to supplying the needed services in their communities, and yet their efforts
must continue to expand as populations grow, and health concerns continue to increase incomplexity and case numbers (Nelson-Harrison et al, 2002).
In Uganda, there is at least one traditional healer for nearly 290 people compared to one
Western-trained medical practitioner for every 10,000 people in the urban areas and 50,000
people in the rural areas respectively (World Bank, 2003). The majority of the population in
Uganda have greater access to traditional than to western health care. Traditional healers
are an integral part of the local culture and are appreciated as key and sustainable sources ofcare and knowledge on disease and illness. About 80% of the population of Uganda relies on
traditional medicine because western-trained medical personnel are limited, and traditional
healers are easily consulted, living in the same community (Bannerman, et al., 1993). That
points to the demand for traditional medicine for medicinal plants and the fact that the majorityof the people, rural and urban alike, depend largely on herbal medicines for treating a variety
of diseases (Esegu, 2002).
Of the 252 essential medicines selected by the World Health Organization, 11.1% comefrom plants (Neto, 1999). In India, for instance, the codified systems of medicine utilize about
2,000 plant species for medicinal purpose, while the tribal communities, who live in andaround the forests, utilize over 8,000 species of plants, most of which are otherwise notknown to the outside world (Pushpangadan 2002, Shankar, 1996).
The production and commercialization (including internationally) of products based on codified
traditional medicine generates considerable value. For instance, the total Indian Ayurvedic
market was estimated at Rs 1000 Crore in 1999 (Warrier, 1999). Traditional medicine wasestimated to generate for China, the leading country in this field, an income of about US$5
billion in 1999 from the international market and US$1 billion from the domestic market.
Europe’s traditional medicine market in 1999 was calculated to be US$11.9 billion (Germany
contributing 38%, France 21% and United Kingdom 12%) (Pranoto, 2001)
In Uganda’s case, promotion of traditional herbal practice is backed by the 1995 constitution
which states, that “The state shall take all the practical measures to provide health care to
all citizens” (Runumi, 2005). As a result, a large portion of Ugandans use herbal medicine
to address a number of needs and challenges e.g. management of HIV/AIDS (treatment ofopportunistic diseases using local medicine i.e. diabetes, diarrhea, high fever), primary healthcare (traditional healers, maternal health, traditional medicine – an outstanding example is
the rescuer project at Iganga that has been adopted in some 15 or so other districts ofUganda), IK – being integrated in the childhood development programme financed by the
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World Bank as part of IK mainstreaming policy and upscale of IK utilization for sustainable
development and poverty eradication (www.worldbank.org/afr/ik/ikseminar/nyiira.doc)
In Busoga sub-region, Eastern Uganda, indigenous knowledge is instrumental in treating
and managing Malaria hence, a variety of strategies are employed by respondents to stop
mosquito bites. These included the burning of logs and plants such as Albizia coriaria or
cow dung to generate smoke; filling up pits in the compound or removing material likely topromote the breeding of mosquitoes; and closing windows and doors before nightfall (Tabuti,2006).
In Sri Lanka Conservation and Sustainable Use of Medicinal Plants Project has documented
ancient medicinal knowledge in a community owned database; promoted the in situ
conservation and cultivation of medicinal plants in local home gardens; mainstreamed IK
through putting in place effective marketing techniques for herbal remedies derived frommedicinal plants; transcribed ancient palm leaf manuscripts that contain information ondiseases and their diagnosis, as well as prescriptions into Sinhalese; established a program
to enable the bearers of traditional knowledge, community elders, to transfer their skills
to selected acolytes; and created a legal and institutional framework for the protection of
traditional knowledge, through the development of a National Biodiversity Strategy.
Likewise, the Kerala Forestry Project in India seeks to improve the quality of life and selfreliance of local communities through adopting a holistic approach that links local biodiversity,
indigenous knowledge, Ayurveda, modern science and technology. Project activities focus on
documentation through surveys and inventories to build databases on health profiles, socioeconomic status, ethno-medico-botanical aspects, and plant based biodiversity register andindigenous technical knowledge (ITKs).
In the same respect, the Guinea Multi-Country AIDS Program (MAP) project seeks toorganize and train traditional healers on HIV/AIDS practices, while supporting the treatmentof opportunistic infections using traditional medicine. The IK program sponsored a consultant
to help integrate IK into the MAP. During a supervision mission the consultant identified theactivities related to traditional medicine undertaken to-date by the National AIDS committee
and assessed their impact on the ground. The consultant also ensured that IK was included
into the project’s monitoring and evaluation system.
Furthermore, the Integrated Early Childhood Development Project in Eritrea, seeks to improvechild health, child and maternal nutrition, early childhood education and care. The project
includes a framework for the identification, validation, collection, storage and disseminationof IK related to early childhood development and the design of the database of such practices
to facilitate their exchange among local communities and across the region. Linkages with acore IK group located in the Ministry of Local Government have been established and they
are working to help them analyze and publish IK material gathered over the last 20 years
by this group. They were helped to set up a “Generative Curriculum” for IK in Eritrea in a
virtual university setting under the ECDVU initiative in collaboration with the University of
British Columbia, Victoria which conducted a community exchange between different ethnic
groups in different regions. The results of the C2C were reported at the International ECD
Conference held in Asmara in October 2002 – where a separate session was arranged for IK
which was well attended and received. (www.worldbank.org/afr/ik/achieve.htm)
In the case of South Africa, Multitudes of individuals and institutions involved in various
capacities, in indigenous medicinal plant use research - The Indigenous Plant Use Forum
Directory - (Hale et al. 1985) 60 herbaria that are used by participants for identifying andhousing ethnobotany plant collections ; there are more than 71 academic departments
doing ethnobotanical research; there are a total of 800 people on the network and at least 5
traditional healer organizations closely participating in the Indigenous Plant Use Programme(Hale et al. 1995) Amongst other inequalities, apartheid caused imbalance in health and
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health care hence, resulting into the majority black population to resort to herbal medicine(Kale, 1995a)
Conservation of traditional Herbal Medicine Resources (biodiversity)
Uganda, though small, has a very rich and varied biodiversity resulting from its biogeographicalsetting, varied altitudinal range (600-5100m) creating diverse physical features. With anestimated 90 vegetational communities, Uganda has more than 18,000 species of fauna andflora (NBU, 1992) although the actual figure is unknown because some species are poorly
known especially those in lower life forms. The rich biodiversity acts as a source of traditional
herbal medicine.
It is also noted worldwide that the increase in the demand for medicinal plants may
raise their cost for the local population, for whom TM is often the only affordable medical
treatment. Moreover, many medicinal plants face extinction or severe genetic loss. Hence,
governments should control trade in medicinal plants in the framework of broader policies
for the conservation and sustainable use of such plants, with an understanding that the lossof biodiversity may also have implications for public health. Peru, for instance, passed a law
in July 1999 which bans the non-value-added export of some botanical species with known
healing properties, which had become the target of massive extraction by foreign laboratories.
The law covers the two best-known medicinal plants in Peru’s indigenous pharmacopoeia:‘cat’s claw’ and ‘maca’.
Cultivation of medicinal plants is one increasingly important component of the Traditional
medicine value added chain. Although cultivation from the wild continues to provide themajority of plant material consumed by the herbal medicine industry, in Asia the trend istowards agriculturally cultivated materials that often better guarantee supplies, consistency,
species identification, and high levels of post-harvest handling (Kate and Laird, 1999;
Chandra, 2002,).
In India it has been noted, however, that less than 30 of the medicinal plants utilized by theindustry are under commercial cultivation. 80,000 metric tons a year of certain plant varieties
are being collected from the wild. At this rate of collection, the TRM industry may crashbecause of lack of suppliers in the short term (Shankar, 1996). In contrast, in Africa, whose
population relies greatly on Traditional medicine, virtually no investment in such cultivation of
medicinal plants has been made.
In Uganda, there is a need for conservation, domestication and growing of medicinal plants
for the purpose of promoting and sustaining TM. Propagation techniques are needed in somecases as propagation will lead to the conservation of rare medicinal plants and ensuresthat the wealth of the products remains in the country through using local knowledge,
skills and materials. The health system thus becomes less dependent on external sources
such as multinational companies. Developing conservation and propagation strategies of
the currently-known medical plants is based on the communities’ local knowledge of theenvironment, and shared experiences of institutions like the Entebbe Botanical Gardens,of the National Agriculture Research Organisation, and the National Chemotherapeutics
Research Laboratory (World Bank, 2003).
Preservation and Protection of Traditional Herbal Medicinal Knowledge
A number of ways are used by countries and communities to protect their traditional herbal
knowledge. For example non-codified systems including what have been termed “folk”,“rural”, “tribal” and “indigenous” Traditional Medicine, which has been handed over orally fromgeneration to generation. Such systems of medicine are generally based on traditional beliefs,
norms and practices based on centuries old experiences of trials and errors, successes andfailures at the household and community level. These are passed through oral tradition andmay be called “people’s health culture” (Balasubramanian, 1997)
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27However, there are cases in which TM is and has always been kept secret. In specialized
areas, such as knowledge dealt with by bone-setters, midwives or traditional birth attendants
and herbalists, including knowledge of healing techniques and properties of plants andanimal substances, access is restricted to certain classes of people (Koon, 1999). In Kenya,
for instance, a study on herbal medicine showed that most of the herbalists interviewed
maintained the secrecy of their knowledge. An intruder was always heavily fined in orderto deter any attempt to steal such knowledge. The problem with this type of system is thatsuch important knowledge was owned by and confined to a few family members and rapid
development on innovations was hampered by secrecy” (Muchae, 2000).
THM knowledge can also be kept in databases by some communities. For instance, the“BIOZULUA” database established by the Venezuelan Fundación para el Desarrollo de lasCiencias Físicas, Matemáticas y Naturales (FUDECI) stores information held by different
ethnic groups regarding plants and animals deemed useful for food and medicinal use, as
well as the associated knowledge. The collected information is handled as a trade secret inorder to avoid undue appropriation and use (Vivas and Ruiz Müller, 2001).
There have been initiatives to develop proper written documentation of traditional knowledge.
They essentially aim at reducing the room for the patentability of codified TRM. These
initiatives document knowledge, making it available to patent examiners throughout the world,so that “prior art” is readily identifiable. These documentation efforts have been facilitated in
the last years by the application of digital technology. For example in India, an exercise has
been initiated to prepare easily navigable computerized database of documented TK relating
to use of medicinal and other plants (which is already under public domain) known as TK
Digital Library (TKDL). Such digital databases would enable Patent Offices all over the world
to search and examine any prevalent use/prior art. And thereby prevent the grant of suchpatents and bio-piracy” (Government of India, 2000). The documentation of this knowledge
in the view of the Indian government, fosters not only the prevention of “bio-piracy” but may
also provide a basis for the sharing of benefits arising from the use of such knowledge(Government of India, 2000). A clear effect of such libraries is that both local/indigenous
communities and third parties will be prevented from obtaining patents over documented
knowledge.
For instance, the “BIOZULUA” database established by the Venezuelan Fundación para el
Desarrollo de las Ciencias Físicas, Matemáticas y Naturales (FUDECI) stores information
held by different ethnic groups regarding plants and animals deemed useful for food andmedicinal use, as well as the associated knowledge. The collected information is handled asa trade secret in order to avoid undue appropriation and use (Vivas and Ruiz Müller, 2001).
The issue of traditional knowledge digital libraries (TKDL) has also been addressed by
WIPO with the aim of not only detailing in writing traditional knowledge already in the publicdomain, but of improving the WIPO International Patent Classification (IPC) so that thedata is easily accessible to patent examiners. Ideally, as these TKDL come into being, they
will be incorporated in the minimum search documentation list of the Patent Cooperation
Treaty (PCT), therefore, ensuring that the data in these libraries will be considered during theprocessing of patent applications filed under the PCT system. It has also been suggested
that search and examination guidelines in patent examining authorities be updated to ensurethat TKDLs are consulted.
Sui Generis Protection System
Some developing countries have also actively promoted the increased involvement of theWorld Intellectual Property Organization (WIPO) in the discussion and development of a sui
generis regime for traditional knowledge.
Sui generis literally means “of its own kind” and consists of a set of nationally recognizedlaws and ways of extending plant variety protection (PVP) other than through patents. TRIPSATPS (2013): Influencing National Legislation, Policies, Strategies and Programmes to ensure appropriate Protection and Benefit-Sharing ofTraditional Herbal Medicinal Knowledge with and by Traditional Herbalists in Uganda. ATPS Research Paper No. 21

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itself does not define what a sui generis system is or should be. And although TRIPS does
not mention UPOV, it is generally agreed that the UPOV standards meet the requirements fora sui generis system for plants. However, countries do not have to join UPOV to implementa sui generis system to comply with TRIPS.
A sui generis system might consist of some standard forms of IP protections combined withother forms or none at all, for genetic resources. For example, a country could provide patent
protections for inventions, plant variety certificates (PCV) for plant varieties or just certain
varieties, and/or exclude plants from any form of IP protection at all (although this could
conflict with TRIPS compliance).
Potentially, a sui generis system could be defined and implemented differently from one
country to another. In addition, a sui generis system might be defined to create legal rightsthat recognize any associated TK relating to genetic resources and promote access andbenefit sharing. The government may choose to extend protections to genetic resources and/or knowledge to a community in the form of patents, trade secrets, copyrights, farmers’ andbreeders’ rights, or another creative form not currently established in the IP regime.
In addition, a sui generis system may adopt measures of protection specific to TK in orderto nullify inappropriate patents. For example, the Andean Community’s Decision 486 states:
patents granted on inventions obtained or developed from genetic resources or traditional
knowledge, of which any member state is the country of origin, without presentation of a copyof the proper access contract or license from the community shall be nullified.
A sui generis system may legally acknowledge and protect knowledge related to the useof genetic resources even when it is not officially documented, but instead, exists in theform of oral information, and traditional and historic use. Even though protections might beextended here, the government’s IP office needs to know about the knowledge or practicein order to enforce protection. Therefore, if a country has some form of a sui generis system
in place, it is important for local communities to establish a working relationship with the IP
office. In addition, these offices may privately maintain inventories or registries of locallyheld knowledge, and can assist in its protection. For example, this office can deny a patentapplication if the knowledge it is based on is already held in the registry.
Under a sui generis system, and as called for by the CBD, any person interested in gaining
access to a community’s biological resources or knowledge for scientific, commercial orindustrial purposes would need to obtain the prior informed consent of the indigenous peoples
who possess the knowledge in question unless the knowledge is already in the public domain.
This would allow the community to decide on access to and use of its genetic resources andknowledge, with the option to share or not to share them. If consent is granted, the person
or persons wishing access to lands held by indigenous communities or a conservation area,
its biological resources, and associated knowledge would need to present evidence of thisconsent to either the IP office or to the proper authority (Hansen and Van Fleet).

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Thai sui generis TRM regime
The “Thai Traditional Medicinal Intelligence Act” distinguishes different categories of “Traditional Formulations”:“National Formulae” are formulations which are crucial for human health and are held by the State.
The Act stipulates that the ministry of Public Health has authority to decree a certain formula of traditional Thai
medicine as a “national formula”. To be eligible, the traditional formula must be of significant benefit or havespecial medical value. After the announcement, the rights of such a formula belong to the State.
The commercial use of a national formula, for the production of drugs or for research and development, is subject
to permission from the government (criminal sanctions are provided for in the case of infringement).
“Private Formulae” can be freely used by the owner. Third parties must obtain permission from the owner to use
the formula. The request for the registration of a “private formula” can be submitted by an inventor or developerof the formula, or an inheritor of the inventor or developer of such a formula.
The Act grants exclusive rights by allowing the owner of the registered personal formula to use the formula
for research and to sell and distribute any product developed or manufactured by using the formula. However,there are certain limitations to the exclusive rights. The rights over a registered personal formula remain in force
throughout the life of the owner and subsist for a further period of fifty years from the date the applicant dies. Oneof the main objectives of the sui generis protection is that the exclusive monopoly granted by the State should
enable the owners of traditional knowledge to be adequately compensated for their contribution.
“General formulae”, finally, are well known traditional formula that may be used freely by anybody.
Source: Kuanpoth, 2001

Thailand is possibly one of the countries that has so far developed a comprehensive sui
generis regime for TRM medicine. One important feature of the Thai law is that all three
types of formulae can continue to be freely used domestically by traditional healers orThai communities in limited quantities. The law also provides for measures aimed at theconservation and sustainable utilization of the medicinal plants, especially those at high risk ofextinction. In addition, the Institute of Thai Traditional Medicine was formally established (after
having been in operation for seven years), and a Thai Traditional Knowledge Development
Fund was created.
The Institute is governed by a committee composed of equal numbers of NGO’s andgovernmental officials. Registration and other activities are distributed among 75 provincial
offices throughout Thailand.
The Thai regulations have permitted the registration of over 700 licensed local manufacturers
producing traditional medicine. In 1998, there were already 4,300 formulations registeredwith Thai FDA. These numbers are still increasing. The total value of production in 1999-2000
was around 320 million bahts, without including traditional medicines produced individually
by healers (Subcharoen et al, 2000).
The Thai Act provides a model of a special regime for the “protection” and the “promotion” of
TRM which does not prevent the traditional healers from continuing to produce preparations
for individual use. It contains, however, some questionable elements. In particular, thevery long period of protection may create an “unnecessary burden on society” and provide“unreasonable profits to the owners of the traditional knowledge” (Kuanpoth, 2001). In
addition, there have been implementation problems, since no “national formulae” have beenannounced, and it has been difficult to establish titles to “private formulae”.
An example of benefit sharing carried out outside IPRs is provided by the AICRPE projectin India, in relation to a plant identified as Trichopus zeylanicus travancoricus (and called
ATPS (2013): Influencing National Legislation, Policies, Strategies and Programmes to ensure appropriate Protection and Benefit-Sharing ofTraditional Herbal Medicinal Knowledge with and by Traditional Herbalists in Uganda. ATPS Research Paper No. 2130‘Arogyapacha’, or “evergreener of health”). This plant has been, traditionally used by the
Kanis tribe, with antifatigue and immuno-enhancing properties. Based on the lead from theKani tribe, a scientifically validated and standardised herbal formulation (‘Jeevani’) was
developed. The technology was transferred to a pharmaceutical company for commercial
production. The Kani tribe will receive 50 per cent of the royalties paid by the company(Pushpangadan, 2002).
Customary laws may also play an important role in preserving and regulating the use of
traditional knowledge in certain local/indigenous communities. Such laws are generally
based on the principles of collective right and free flow of knowledge. Seeking to extend
existing modern systems of IPRs protection to such communities might undermine their
existing customary systems, and defeat many of the objectives that IPRs are supposed tocontribute to.
The protection of traditional medicine could potentially be addressed through the enforcementof the customary laws of local/indigenous communities, rather than by the application of
the current IPRs models. The success of a customary law approach would depend on its
formal recognition, accompanied by adequate legal arrangements concerning matters suchas self-determination, land rights and biodiversity protection. The recognition of communities’
customary law, hence, raises delicate political issues in the framework of the modern
nation state, the relationship between indigenous peoples and national governments being
problematic in many countries.
The Sixth Meeting of the Conference of the Parties to the Convention on Biological Diversity,
requested further consideration of the role of customary laws and practices in relation to theprotection of genetic resources and TK, innovations and practices, and their relationship withintellectual property rights (Decision VI/24 C 3(b), The Hague, 7 - 19 April 2002).
An important limitation of the customary law approach is that, if adopted at the national level,
it would not encompass - very much like in the case of sui generis regimes discussed aboverecognition of the rights conferred in foreign countries, unless specific agreements on thematter are put in practice under international agreements or unilaterally under national laws.
2.2
Policies and laws
Different policies exist, in particular, in relation to the integration of Traditional medicine
in national health care systems. Some countries, such as China, the Republic of Korea
and Vietnam, have adopted measures to promote integration aimed at exploiting thecomplementarities of TM and modern medicine. Measures have included proceduresfor the registration of traditional healers or herbalists, the establishment of specialized
hospitals, colleges and universities, the development of research programs, the validationand certification of TM products, the introduction of ‘Good Manufacturing Practices’ and theincorporation of medical doctors who have graduated from traditional medical universities,
into the staff of hospitals of modern medicine to promote the use of TM in combination
with the practice of Western medicine. In some countries, such as Zimbabwe and South
Africa, the responsible authorities accord substantial recognition to healers through national
efforts designed to integrate traditional and Western medical systems. In others, healers areafforded no substantive recognition, their status existing purely within the custom of local
communities (Lettington, 2000).
Overall, the Uganda National Culture Policy recognizes that Indigenous Knowledge (IK) is
a vital sub-system of culture. IK is a key factor in social and economic development aswell as cultural transformation. In addition, there is recognition of the important role of local
communities in contributing their indigenous knowledge systems to enhance the sustainabilityof development programs. It is important therefore to develop IK systems in Uganda toensure that IK is maximally used for the benefit of people. Under the policy it is stated that
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31interventions shall emphasize the preservation, integration, utilization and promotion ofindigenous knowledge.
Specifically, such interventions are to:• Ensure research, documentation and dissemination of indigenous knowledge;• Promote indigenous knowledge in formal and informal institutions;• Evaluate indigenous knowledge for its efficacy and use;
• Facilitate the setting up of organizing frameworks for innovators;• Establish a mechanism to support institutions involved in indigenous knowledge
development. (ugandaemb.org/Uganda%20_National_Culture_Policy.pdf)
2.3
Institutions
In some countries, organizational structures (often structures imported from the West) suchas associations, corporations, councils and cooperatives have been formed in order toaddress the communities’ representation problem in benefit sharing. Some legislation has
sought to provide for the recognition of indigenous groups and communities in general - e.g.
Australia’s Aboriginal Councils and Associations Act - or of land-owning groups in particular- e.g., Papua New Guinea’s Land Groups Incorporation Act. Attempts have also been madeto tailor the legislation to the particular nature, functions and powers of the indigenous bodyconcerned, as in the case of Anangu Pitjantjatjara, the corporate body established in South
Australia to hold and manage the ancestral lands of the Pitjantjatjara people (Fingleton,
1998). A review of this law, however, found in 1996 that the Act gave almost no room for local
cultural variation in corporate structures and decision-making processes, and in fact causedgroups to lose control over their affairs (Fingleton, 1998).
2.4 Benefit Sharing
An example of benefit sharing carried out outside IPRs is provided by the AICRPE projectin India, in relation to a plant identified as Trichopus zeylanicus travancoricus (and called‘Arogyapacha’, or “evergreener of health”). This plant has been, traditionally used by the Kanis
tribe, with antifatigue and immuno-enhancing properties. Based on the lead from the Kani
tribe, a scientifically validated and standardised herbal formulation (‘Jeevani’) was developed.
The technology was transferred to a pharmaceutical company for commercial production.
The Kani tribe will receive 50% of the royalties paid by the company (Pushpangadan, 2002).

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3. Materials and Methods
3.1 Study Area and Selection
The study area covered four (4) districts of Uganda i.e. Mukono in Central, Jinja in the East,
Hoima in the West and Lira in the North. The sampled districts’ locations are indicated on
the Uganda map shown below. These districts were selected because of the advantage
of a paired proximity for convenient travel and access while at the same time they areendowed with a rich presence of communities with traditional herbal practitioners. Equallyimportant, experiences of traditional herbalists in each of the four regions in Uganda were all
represented, to reflect the national picture in the sector.

	
  Figure 1: Map of Uganda -showing the location of Mukono, Lira, Jinja and Hoima
Districts in Uganda.

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3.2
Methods
3.2.1 Study Design
The study used a combination of participant case study and cross-sectional survey in design.
This is because of the varied nature of the educational backgrounds of the respondents
as well as that of the TK/traditional herbalists’ holders and the business sectors. Survey
and interview techniques were used for collecting data. The combined designs enabled theresearchers to gather data from various respondents operating in different stages of the
traditional herbal medicine value chain.
3.2.2 Study samples and sampling procedure
From each of the four districts, a pilot study was conducted focusing on FGDs with herbalists
and policy makers, key informant interviews with policy makers, interviews with herbalists
and herbal users and a field survey. A total of 10 herbalists and herbal users per district wereinterviewed. This helped to determine the level of practice, developed a research strategy
and selected prospective TK/traditional herbal medicine holders at community and individuallevels. Then the study performed comprehensive surveys still with 30 TK/traditional herbal
medicine holders and 10 herbal users per district from the selected communities and individual
TK/traditional herbal medicine holders to determine the prevailing factors, opportunities andconstraints affecting their TK/traditional herbal medicine practice, benefits and how theirlivelihoods have been affected by their TK practices. In total, 160 herbalists and herbal users
participated in the final comprehensive study process.
The key informant interviews were conducted with 13 individuals/institutions at national andlocal levels, policy makers and stakeholders in promoting THM.
3.2.3 Data collection
Participatory Rapid Appraisals especially by Focus Group Discussions (FGDs) key informants
and in-depth interviews (KIIIs) were conducted with relevant stakeholders in the traditional
herbal medicine production and marketing value chains in Mukono, Jinja, Hoima and Lira
districts.
The PRA aimed at determining the needs of the TK holders (traditional herbalists) and therelevant TK protection mechanisms required restrictions and challenges for the executionof business. Other parameters captured included information technology use, levels ofinnovation, and their constraints.
Literature surveys and review of other secondary data sources were conducted to identify
the prevailing levels of innovation, how the TK is passed among the TK owners over thegenerations, the life cycle evolution of traditional herbal medicine products and review
of existing alternative TK protection regimes, legislation and conventions applicable to
TK protection in general. Finally, the analysis of relevant International/Regional treaties
conventions and protocols on the protection of Traditional Knowledge were undertaken.
3.2.4 Data Analysis and presentation
Data from FGDs and key informant interviews was analyzed qualitatively using transcription(including translation from local languages to English) and transcribed information wasthen organized, indexed and coded using qualitative analysis software. The coded data
was then interpreted using content analysis techniques. The information was summarized
into a research report. The data collected from 160 herbalists and users’ using the survey
questionnaire was analyzed using SPSS 12.
Results from both analyses were then triangulated to foster drawing of strong conclusions
and making valid policy recommendations. Analyzed information was presented in formof illustrations, frequencies, percentages, tables and charts while at the same time being
punctuated with the suitable narrative.
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4. Research Findings
One of the objectives of the research was to assess the levels of traditional herbal knowledge
among traditional herbalists, herbal users and policy makers in Uganda. The levels wereassessed and the results are given below:
4.1

The levels of traditional herbal knowledge among traditional herbalists

4.1.1

Promotion of traditional herbal medicine practices

Traditional herbal medicine practiceThe sampled herbalists showed high levels of knowledge on general herbal medicine
practice by giving the types of traditional herbal medicine used in their communities, typesof traditional herbal medicinal knowledge; types of diseases treated and suggested ways of
improving the THM practice. Specifically, analysis showed the following:
Type of treatment most used
The research indicated that 59.2% (71) of the people in the sampled districts use herbal
medicine while 36.7% (44) use western medicine mostly. On the other hand 4.2% (5) indicatedthat they did not have knowledge on the level of use of the concerned medicine. The reasonsfor using herbal medicine were mostly given by the participants as follows:
1. Less travel costs and time consuming.
2. Easy communication between the herbal practitioner and users.
3. Herbalists services are more affordable compared to conventional medicine.
4. Herbalists offer satisfactory services and care.
5. Herbal medicine has lesser side effects compared to the conventional medicine.
6. Herbalists readily offer advice.
7. Herbalists are nearer to the users so they are easily accessible and provide home basedcare.
According to the research, 65% (78) of the respondents inherited the practice from theirparents / guardians / grandparents. While 35% (42) of the respondents got interested ortrained in the herbal medicine practice.
The analysis also indicated that 79.2% (95) benefited, with an income from the practicewhile 16.7% (20) of the herbalists benefited in terms of employment and 4.2% (5) in image
improvement.
The support towards traditional herbal medicine promotion was also assessed. The
organizations that support the practice are as indicated in figure 2.

ATPS (2013): Influencing National Legislation, Policies, Strategies and Programmes to ensure appropriate Protection and Benefit-Sharing ofTraditional Herbal Medicinal Knowledge with and by Traditional Herbalists in Uganda. ATPS Research Paper No. 2135	
  Figure 2: Organizations supporting THM in Uganda

27.5% (33%) of the respondents indicated that they get support from the government, 25%(30) get support from NGOs, 5.8% (7) indicated support from the private sector and 41.7%(50) did not indicate any support from any organization.
On the other hand the respondents mentioned that they get the following category of support
as indicated in Table 1.
Table 1: Support given to herbalists
Frequency

Percentage

Policies and laws

19

15.8

Training

101

84.2

Total

120

100.0

84.2% (101) of the respondents indicated that they get support in terms of training andsensitization; while 15.8% (19) of the respondents mentioned support in terms of policies
and laws.
Ways of improving the use and protection of THM in Uganda
The respondents suggested the ways in which THM use and protection can be done in
Uganda. The results are indicated in the figure 3:

ATPS (2013): Influencing National Legislation, Policies, Strategies and Programmes to ensure appropriate Protection and Benefit-Sharing ofTraditional Herbal Medicinal Knowledge with and by Traditional Herbalists in Uganda. ATPS Research Paper No. 21

36Figure 3: Ways of improving the use and protection of THM in Uganda	
  43.3% (52) of the respondents mentioned financial support as a major requirement in
improving THM practice in Uganda. This was followed by 36.7% (44) that gave training
herbalist in their practice. 20% (24) mentioned formulation of policies and laws for promoting
THM in Uganda. Mukono district prioritized support in terms of training at 40%, while Hoima
gave the highest percentage (40%) for formulating policies and laws as one way of promoting
THM in Uganda.

Skills required by herbalists to improve THM practice in Uganda
The analysis of the skills required by herbalists to improve THM practice gave the results
indicated in the figure below;	
  Figure 4: Skills required by TMPs in Uganda

30% (9) of the respondents indicated conservation of herbal medicine sources (biodiversity)
as one of the skills required for their practice. This was followed by 26.7% (8) for THM
processing, 20% (6) for harvesting ethics, 16.7% (5) for marketing and 6.7% (2) for regulation.
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37Marketing
The marketing of the traditional herbal medicine was also assessed. The results are shownin Table 2:
Table 2: Ways of marketing of the THM in sampled districts
Marketing centres

Frequency

Percent

Home based sites

83

69.2

Own shops

16

13.3

Sales centre

21

17.5

Total

120

100.0

The results show that 69.2% (83) of the respondents mentioned that the THM in the sampled
districts is sold at the home based sites, selling the medicine at herbalists’ shops indicated
13.3% (16). The selling of THM at the sales centres was assed at 17.5% (21). The figures
below show some of the selling centres for the THMs.

	
  Figure 5: A well-organized herbal medicine
site in Mukono shop in Hoima town	
  Figure 6: A home based herbal sales	
  Figure 7: A stall (sales centre) in one of the herbal markets (Mukono)

4.1.2 Policies, laws and regulations
Regarding policies, laws and regulations, 19.2% (23) of the respondents mentioned that they
had knowledge of some policies and laws that promote traditional herbal medicine. On theother hand 80.8% (97) did not have any knowledge of laws on traditional herbal medicine asindicated in table 3.
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Table 3: Knowledge of laws that promote THM among the respondents
Frequency

Percentage

23

19.2

No

97

80.8

Total

120

100.0

Yes

4.1.3 Conservation of traditional herbal medicine resources (biodiversity)
Regarding the sources of the traditional herbal medicine, the analysis gave the results asshown in the figure below;	
  Figure 8: Analysis of THM sources in Uganda

38.3% (46) indicated THM sources as forests, followed by 26.7% (32) as grasslands, 24.2%(29) as wetlands, 8.3% (10) as hilly and mountainous areas and 2.5% (3) as others.

	
  Figure 9: Woodland/ grassland herbal source in Mukono District

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The status of the THM sources was also assessed and the results are given in the figure
below:

	  Figure 10: Status of THM sources in Uganda

64.2% (77) of the respondents mentioned that the THM sources are degraded (fig. below).
While 15.8% (19) mentioned that the sources are fairly conserved. 11.7% (14) of the
respondents said they did not know the status of the THM sources. On the other hand, 8.3%
(10) mentioned that the sources are well conserved as shown in the following figures.

	  Figure 11: A THM source being destroyed in Hoima for agricultural practices

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  Figure 12: A degraded part of Mabira Forest in Mukono district. Source: Internet	
  Figure 13: A conserved natural forest in Mukono where herbs can be collected. (Mabira
Forest reserve); Source: Internet
Ways of conserving THM sources (biodiversity)
The respondents were also asked to suggest ways in which THM sources could be conserved.
The analysis results are given below:

Figure14: Suggested THM sources conservation approaches in Uganda	
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37.5% (45) suggested raising awareness as one of the ways of conserving THM sources.
This was followed by 23.3% (28) that mentioned enrichment planting / restoration of degradedsources. 20.8% (25) of the respondents suggested domesticated cultivation / establishingherbal gardens, while 18.3% (22) gave enforcement of laws as one of the ways for conserving
herbal sources.
Laws that promote biodiversity conservation
Table 4: Respondents responses on laws that protect THM sources (biodiversity)
conservation
Parameter

Frequency

Percent

Knowledge of laws

29

24.2

No knowledge of laws

91

75.8

Total

120

100.0

Knowledge of laws that promote
THM sources conservation

Regarding the knowledge on laws that promote conservation of THM sources, the analysis
showed that 75.8% (91) of the respondents did not have knowledge and only 24.2% (29)
had knowledge of laws on conservation of THM sources. Even the 24.2% of the respondents
could not specifically mention the exact laws and their intentions or objectives.
4.2

The levels of traditional herbal knowledge among policy makers

Table 5: Awareness among Policy makers on THM laws and policies
Parameter

Frequency

Percent

Knowledge of laws and policies

540Lack of Knowledge on laws andpolicies

8

60

Total

13

100.0

40% (5) of the respondents mentioned that they knew some laws and policies that promote
THM in Uganda while 60% (7) of the sampled policy makers lacked knowledge of the laws
and policies. Some of the 40% could not mention the specific laws and their objectives.
Regarding other areas like institutions responsible for THM promotion and benefit sharing,level of use of THM, programs on THM, the policy makers were fairly knowledgeable.

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4.3 Levels of traditional herbal knowledge among herbal users
The analysis of data regarding THM knowledge among the herbal users was done and theresults are given in the table below:
Table 6: Levels of traditional herbal knowledge among herbal users
Parameter

Frequency

Percentage (%)

26
10
4

65
25
10

Organizations’ support to THM promotion
Government
NGOs
Private Sector
None

6
20
4
10

15
50
10
25

Type of support
Policies and laws
Training

4
36

10
90

Knowledge of laws that promote THM
Yes
No

8
32

20
80

Knowledge of laws that promote herbal sources(biodiversity) conservation
Yes
No

13
27

33
67

Ways of improving THM in Uganda
Formulate policies and laws
Provide financial support
Train herbalists

7
20
13

17
50
33

Sources of THM
Forests
Wetlands
Grasslands
Hilly & mountainous areas
Others

13
12
10
4
1

33
31
23
10
3

Status of THM sources
Well conserved
Fairly conserved
Degraded
Don’t know

4
6
26
4

10
15
65
10

Ways of conserving THM sources (biodiversity)
Domesticated cultivation/herbal gardens
Enrichment planting/restoration
Awareness raising
Enforcement of laws

11
8
19
2

27
20
47
6

Treatment most used
Herbal medicine
Western medicine
Don’t know

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43Promotion of traditional herbal medicine practices
Type of treatment most used
The herbal users had knowledge on the use of the herbal and western medicine in theirrespective communities. The analysis indicated that 65% (26) of the respondents use herbal
medicine while 25% (10) use western medicine mostly.
Support for promotion of THM in Uganda
50% (20%) of the respondents indicated that the support provided towards promotion of
THM is from the NGOs, Government, 15% (6) and 25% (10) reported no support from anyorganization.
Regarding the type of support provided, 90% (36) indicated training of herbalists in theirpractices and 10% (4) gave formulation of policies and laws.
90% (36) of the respondents indicated that the support provided towards THM promotion isin terms of training and sensitization while 10% (4) of the respondents mentioned support interms of policies and laws.
About ways of improving THM practice in Uganda, 50% (20) of the respondents mentioned
financial support as a major requirement. This was followed by 33% (13) that gave training
herbalist in their practice. 17% (7) mentioned formulation of policies and laws for promoting
THM in Uganda.
Policies, laws and regulations
Regarding policies, laws and regulations, 20% (8) of the respondents mentioned that they
had knowledge of some policies and laws that promote traditional herbal medicine. On theother hand 80% (32) did not have any knowledge of laws on traditional herbal medicine.
Conservation of THM sources (biodiversity)
33% (13) indicated THM sources as forests, followed by 31% (12) as wetlands, 23% (9) as
grasslands, 10% (4) as hilly and mountainous areas and 3% (1) as others.
65% (26) of the respondents mentioned that the sources are degraded. While 15% (6) of
the respondent mentioned that the sources are fairly conserved. 10% (4) mentioned that thesources are well conserved. On the other hand, 10% (4) said they did not know the status of
the THM sources.
47% (19) of the respondents suggested raising awareness as one of the ways of conserving
THM sources. This was followed by 27% (11) of the respondents who mentioned domesticatedcultivation / establishing herbal gardens, 20% (8) mentioned enrichment planting / restorationof degraded sources while 6% (2) gave enforcement of laws as one of the ways for conserving
herbal sources.
The analysis indicated that 67% (27) of the respondents did not have knowledge on the lawsthat conserve herbal sources, while only 33% (13) had knowledge of laws.
4.4 The capacity of service provision by traditional herbalists
General respondents’ profiles
In this section, the research team sought to establish how far the traditional herbalists in thefour districts have gone in affirming their identities as well as having the basic infrastructure inplace with regard to their herbal practices. While providing their actual names was optional,
efforts were especially made to sound out the issues of herbalists’ positions/titles, whether thepractices had business names or not, postal and physical addresses (to determine whether
the practices are fixed or itinerant), ownership, use of telephone and email addresses (toATPS (2013): Influencing National Legislation, Policies, Strategies and Programmes to ensure appropriate Protection and Benefit-Sharing ofTraditional Herbal Medicinal Knowledge with and by Traditional Herbalists in Uganda. ATPS Research Paper No. 21

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ascertain communication, networking capacities and outreach); educational levels, genderand age brackets.
Mentioning of names
While the herbalists interviewed were verbally informed that giving their names was optional,
all the 120 respondents mentioned their full names without hesitation. Probed further as towhy they felt so free to reveal their identity, all of them separately emphasized that by giving
their names, they were sending a message that their identity is part and parcel of them bothas individual persons and as herbalists, an occupation they are not ashamed to practice andto promote for the good of themselves, their families and their communities.
Position in the Herbal PracticeOf the 120 respondents, only 10% specified their positions as “directors” 86.7% categorized
themselves as “owners” in their respective herbal practices and 3.3% as others (e.g. sales
persons, workers). This could be an indicator that most herbalists in Uganda have not yet
developed the capacity to separate the personalities of their practices as intact business
entities from their personal ones and in so doing, they are likely to find difficulties instreamlining the management/control systems, to realize and uphold efficient and effective
service provision.
Other parameters of the respondents’ profiles are indicated in the table below:
Table 7: Other parameters of the respondents’ profiles
Parameter

Frequency

Percentage

21-35

26

21.7

36-50

46

38.3

51-65

48

48

Male

68

56.7

Female46

43.3

Had organization’s name

95

79.2

No organization’s name

25

20.8

Presence of Postal address

48

40

Presence of physical address

72

60

Phone

120

100

email

0

0

Herbalist

32

26.7

Farmer43

35.8

Formal Employment

8

6.7

Trader

37

30.8

None

31

25.8

Primary48

40

Age groups

Sex

Organization’s name

Postal address /Physical address

Phone / e-mail use

Main Occupation

Education level

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45Secondary

36

30

Tertiary5

4.2

Organization’s name
Out of the respondents interviewed, 79.2% (95) had the organization’s names for theirpractices either formulated by using their personal names coupled with other wording (e.g.
Musonge Pharmaceutical, Kaspkiwa Natural Therapeutics Clinic, Adeko-kwok Herbal Clinic,
Muna Herbal Research Centre, etc.) or having an independent wording altogether i.e.
Agape Nutritional research Clinic, Etc. This shows that these herbalists have the interestand intention to make their practices formal although, as indicated in the above section, they
still prefer to remain personally attached to them (herbal practices) probably, for purposesof utmost control. This could be explained by the prevalent tendencies from unscrupulous
persons in Uganda and elsewhere, to pirate indigenous knowledge including that of herbalists
in particular and traditional healers in general while 20.8% (25) did not have.
Post office / physical address
The research showed that 40% (48) had postal addresses and physical address while 60%(72) did not have. However, all the respondents had clearly indicated the physical locations of
their practices, indicating that they rely more on directing their patients and other interested
parties, to the physical locations of their herbal practices, for ease of communication andinteraction compared to the postal medium (Figure below).

	
  Figure 15: A sign post of one of the Traditional Herbalists Associations that the IKTeam met in Mukono District

Ownership / use of mobile telephones and e-mail addresses
Of the 120 respondents interviewed, all of them (100%) owned and used mobile telephones
for their herbal practice. However, none of them were using e-mail services.
This indicates that the majority of traditional herbal practitioners in Uganda hardly haveaccess to ICT services in order to benefit from the internet, a tool they probably view as
a mystery and a reserve for the highly educated. For instance, the traditional herbalists inCentral Uganda usually express their opinions about the internet in Luganda that, “Intaneetiy’aabo abaasoma” literally meaning, “The internet is for those who are highly educated”.

Age group
The analysis indicated that 40% (48) of the sampled herbalists fell under the age group of
51-65. While 38.3% (46) were under the age group 36-50 and 21.7% (26) were under 21-35.
Apparently, most herbalists are in their fairly prime age and comprise a good base for capacity
building in the various skills that they need to upgrade their work. There is also the need forthem to initiate and conduct on-going grooming of their children or alternative persons of their
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choice (based on trust and discerned interest) to run their herbal practices for the benefit ofcontemporary users and posterity, on a sustainable basis.
Sex
The analysis showed that 56.7% (68) of the respondents were male while 43.3% (52) werefemale.
Main occupation
Of the 120 respondents interviewed, 35.8% (43) considered farming as their main occupation.
This was followed by 30.8% (37) for trade, 26.7% (32) for herbal medicine practice and 6.7%(8) for formal employment. This implies that the majority of the sampled herbalists (73.3%)
consider herbal medicine practice as a supplementary job and possibly less time and otherresources are dedicated to developing the practice.
Education level
The education levels of the respondents were assed as having none at 25.8% (31), primarylevel 40% (48), secondary level 30% (36) and tertiary level 4.2% (5). Analysis per district
indicated Hoima as having the highest percentage of respondents whose level of education
at secondary is (50%). Jinja had the highest percentage for non-educated (40%), while Lira
had a 56.7% of the respondents falling under primary education. Given that a good number of
herbalists are not highly educated, their caliber base needs to be exposed to more educationand training so as to boost their herbal practices, to ensure their products meet the set
quality, safety and efficacy standards and requirements.
Average monthly income
The average income of the sampled herbalists was also assed. The results are indicated in
the figure below:

Figure 16: Average monthly income of TMPs

	
  The analysis showed that 47.5% (57) of the respondents indicated that their average monthly
income ranges between >80,000 – 140,000 Ushs. This was followed by 31.7% (38) thatreceives a monthly income of 20,000 – 80,000 Ushs. 20.8% (25) of the respondents indicatedtheir average monthly income as >140,000 Ushs.
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The capacity of service provision by traditional herbalists was also assessed by conducting
field surveys in the sampled districts. The following parameters were assessed: source of
herbal medicine, status of the source, cultivation & collection of herbal medicines (practices& sustainability), transportation of plant materials, whether the plant materials are promptly
unloaded & unpacked on arrival at the processing facility, protection of the plant materials
from rain, sun & any form of contamination, sanitation and hygiene, disposal of wastes fromthe processing unit, personal hygiene and premises.
The field surveys conducted revealed that the majority of the herbalists in the sampled
districts have very low capacity in processing of the THM as required under the Guidelines
for regulation of traditional healers or herbal medicine in Uganda. The herbalists do not follow
Good Agricultural & Collection Practices (GACP) recommended by WHO for medicinal plants
e.g. they over harvest the plants, debark the medicinal plants (see figure below).

	
  Figure 17: Bad harvesting which may lead to loss of biodiversity and tree species

The majority of herbalists sampled do not have appropriate transportation means for their
THM before they are processed. Sanitation and hygiene, disposal of wastes from theprocessing unit, personal hygiene are not adequately observed as provided for under theguidelines. The majority of the sampled herbalists were lacking appropriate premises where
THM can be processed.
During FGDs in the four districts, the herbalists raised the following challenges that theyencounter during their practice:
1. Discrimination from the conventional doctors/health workers
2. Lack of consultation between herbalists and authorities
3. Minimal support by the ministry of health and other stakeholders
4. Scarcity of herbs due to high rate of deforestation and wetland degradation
5. Harvesting ethics are not followed by the herbalists hence making the herbal sources
unsustainable
6. Discrimination by some members in the community based on some religious beliefs whichblanket traditional herbal medicine as satanic
7. Low awareness among stakeholders about the value of herbal medicine
8. Weak enforcement of laws conserving THM sources and those promoting THM practices.

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4.5
The level of appropriate protection and benefit sharing policies, strategies andprogrammes in support to herbal medicine in Uganda
In Uganda, there is a comprehensive legal and institution framework regarding protection
and promotion of traditional herbal medicine as well as benefit sharing mechanisms. The
policies include;•
The National Science and Technology Policy, 2001•
National Forest Policy, 2001•
National Environment Management Policy 1995
However, some of the important policies in promoting and protecting THM and medicinal
knowledge are still in draft form. These include: the draft National Biotechnology and Biosafety
Policy and the draft National Policy on Indigenous Knowledge (IK). The draft National Policy
on Indigenous Knowledge (IK) seeks to guide the process of integrating IK in the national
development process. The draft policy calls for recognition of the value of Indigenous
Knowledge (IK) in empowering local communities and urges government to adopt andsupport national IK efforts and to incorporate IK in its comprehensive National Development
Framework. It provides for the sensitization and advocacy for IK, documentation, Research,
Validation and Dissemination of IK, commercialization and industrialization of IK, capacity
building for IK and resource mobilization for IK.
Among the laws that protect, promote THM and benefit sharing include the Patents Act 1991,
the constitution of the Republic of Uganda, promulgated in 1995, the National Environment
Act Cap. 153, the Uganda National Council for Science and Technology Act Cap, 209, theUganda Wildlife Act, 2000, the National Forestry and Tree Planting Act, 2003, the land Act,Cap 227 of laws of Uganda, the National Drug Statute Policy and Authority Act, 2000, andthe National Environment (Access to Genetic Resources and Benefit Sharing) Regulations,2005.
The main objectives of the National Environment (Access to Genetic Resources andBenefit Sharing) Regulations, 2005 are, to prescribe the procedure for access to genetic
resources for scientific research, commercial purposes, bio-prospecting, conservation orindustrial applications; to provide for the sharing of benefits derived from genetic resources
and to promote the sustainable management and utilization of genetic resources, thereby
contributing to the conservation of the biological resources of Uganda. Specifically,
Regulation 10 states that no person shall access genetic resources from any part of Uganda,
unless that person has obtained a written prior informed consent form, and entered into
an accessory agreement with the lead agency, local community or owner; carried out anenvironment impact assessment, in accordance with regulation 16, where required; enteredinto a materials transfer agreement in accordance with the regulations and obtained anaccess permit from the UNCST in accordance with the regulations. While Regulation 20(1) states that the benefits accruing from the collection, modification and use of genetic
resources shall be shared in accordance with the principle of fairness and equity, and on
mutually agreed terms.
Regulation 20 (2) states that the benefits accruing from access to genetic resources
under a materials transfer agreement or accessory agreement shall vary on a case basis
and shall include among other things participation by Ugandan citizens and institutions inscientific research and other activities involving access to genetic resources; sharing ofaccess fees and royalties, research funds, license fees, and other special fees that support
conservation of biodiversity; payment of salaries, where mutually agreed; collaboration in
education and training related to genetic resources; transfer of knowledge and technology
under favorable terms and, in particular, knowledge that makes use of genetic resources,
including biotechnology, or knowledge that is relevant to the conservation and sustainable
use of biological diversity; access to scientific information such as biological inventories
and taxonomic studies; contributions to the development of the local community; benefits
ATPS (2013): Influencing National Legislation, Policies, Strategies and Programmes to ensure appropriate Protection and Benefit-Sharing ofTraditional Herbal Medicinal Knowledge with and by Traditional Herbalists in Uganda. ATPS Research Paper No. 2149relating to food security and joint ownership of patents and other relevant forms of intellectual
property rights.
On the other hand, there are two proposed laws that are still in draft form. These include:
Industrial Property Bill (2001) and the Traditional Medicine Bill. The Industrial Property
Bill (2001) provides for the promotion of inventive and innovative activities to facilitate
the acquisition of technology through the grant and regulation of patents, utility models,
technovations and industrial designs. The bill, if enacted into law, would modernize an
important part of Uganda’s regime of intellectual property law. It covers all industrial property(patents, industrial designs, utility models and technovations) except trademarks. On theother hand, the Traditional Medicine Bill seeks to establish a Council to regulate the practiceof traditional medicine, to register practitioners and license practices and to provide for related
matters. Practice in herbal medicine in Uganda has been under the National Drug Policy andAuthority Act but it was felt that there was need to regulate traditional medicine independently
and bring it to nationally and internationally acceptable standards.
Herbal medicine regulation in Uganda was established by the National Drug Authority
Statute and Policy of 1993. The law for herbal medicines is the same as that for conventional
pharmaceuticals. There is no specific regulatory status given to herbal medicines. Claims
which may be made by law include health, medical, nutrient content and cultural use claims.
The National Biodiversity Strategy and Action Plan for Uganda that was prepared inaccordance with Article 6a of the Conservation of Biological Diversity on general measuresfor conservation and sustainable use of Biodiversity. The strategy seeks to promote thesustainable use and fair sharing of costs and benefits of biodiversity.
Guidelines for regulation of traditional healers or herbal medicine in Uganda are being
finalized. The objective of the guide lines is to guide applicants dealing in herbal medicinal
products to conform to regulatory requirements so as to foster proper monitoring of safety andefficacy issues involved. They address issues of manufacturing herbal medicine, registrationand promotion of local herbal medicine. The extent of implementation of these guidelines andconstraints are not known.
The consumption levels of herbal users
It was not easy to determine the consumption level of herbal medicine in the sampled
districts. However, efforts were made to interview the users and other stakeholders as well
as reviewing literature on consumption levels.
The analysis of data regarding the use of herbal medicine in the four sampled districts wasdone and the results are given in table 8 below:
Table 8: Herbal users’ profile
Parameter

Frequency

Percentage (%)

21-35
36-50
51-65

11
13
16

29
31
40

Sex
Male
Female

11
19

36
64

Age Group

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Education level
None
Primary
Secondary
Tertiary

12
24
3
1

30
60
7
3

17
4
19

42.5
10
47.5

20
16
4

50
40
10

26
10
4

65
25
10

Main Occupation
FarmerFormal employment
TraderAverage monthly income
20,000-80,000>80,000-140,000>140,000
Treatment most used
Herbal medicine
Western medicine
Don’t know

Age-group
The analysis showed that 40% (16) of the sampled herbal users were under the age groupof 51-65. This was followed by 31% (13) for age group 36-50.
Sex
64% (11) of the respondents were female while 36% (11) were male.
Main occupation
Of the 40 respondents interviewed, 47.5% (19) were traders, 42.5% (17) were farmers and
10% (4) were formally employed.
Education level
Regarding the education levels of the herbal users, 60% (24) of the respondents had theireducation level as primary and 30% (12) non-educated.
Type of treatment most used
65% (26) of the respondents mentioned that the herbal medicine is used most while 25% (10)indicated western medicine as being used most. On the other hand, 10% (4) did not haveknowledge on the consumption levels of either THM or western medicine.
Consumption of THM resources is prevalent at the community, district and national levels.
Specifically consumption at community level especially in rural areas is high.
The herbal users also indicated some constraints regarding the use of THM. These are:1.
Stomach upsets2.
Bitterness of some herbal medicines
3.
Loss of appetite
4.
Limited awareness on legal and institutional framework on THM
Consumption of THM resources is prevalent at the community, district and national levels in
Uganda. Specifically, consumption at community level especially in rural areas is high, as
illustrated by Uganda’s four regional scenarios/experiences highlighted below.
About 80% of Ugandans depend on traditional plant medicines and reversing this trend is
not likely for the next 20 years as changing people’s behavior is difficult. (www.ethnobiomed.
com/content/7/1/7/)
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A recent ethnobotanical study conducted in the four parishes in Ngai and Otwal sub-counties,
Oyam district, Northern Uganda – one of the areas affected by a 20-year insurgency –documented medicinal plant species for treating health conditions among the local people.
As part of the research findings, records reveal that a total of 41 conditions were treatedwith medicinal plant parts in Oyam District. The common condition being treated in Ngai
and Otwal sub counties was found to be abdominal pains and this was reported by 11% of
the respondents, followed by cough at 10%. Other conditions such as wounds had 5.6%;
headaches, epilepsy and STD/STI at 4.6%. Those least mentioned at below 1% were
impotence, toothache, cholera, fever among others.
In Central Uganda, the residents near Uganda’s last rain forests have always believed that
there are cures in the plant life of the Mabira Forest Reserve, and those seeking treatments
for sexual impotence, cancer, malaria and other illnesses are simply taking plants from theforest, parts of which are already in danger of being razed e.g. the “sex tree,” which grows
deep in Mabira’s dense, tropical forest. Consequently, Dr. Kamatenesi (from Makerere
University) is leading a campaign/drive, to conserve plants such as Citropsis articulata, or
the “sex tree” together with the Pronus Africana - commonly used to treat malaria and someforms of cancer.
Kamatenesi believes that plants like the “sex tree” may have other medicinal properties
besides treating sexual impotence and says that Uganda will miss out on drug discovery
and manufacturing if the government does not protect the forest. Researchers also say thatthe plants’ extinction would take a toll on local Ugandans who have been using the trees asherbal cures for generations. Ibrahim Senfuma, a bird guide, says that he and his friends take
Citropsis articulata to boost their sex drives. Locals either chew the roots and leaves of theplant (salt is added for flavor), or mix them in a half liter of water and then boil to make tea.
Lowering his voice amid the crowing and squawking sounds of the forest, Senfuma confides:“I don’t know if it is psychological, but it works. You feel stronger than before.”
Another local resident, Faziira Nakalama, proudly lists the ailments (her own and herneighbors’) cured by the leaves and roots of the Pronus Africana i.e. “Decreased immunity,
stomachpains,
malaria(http://www.time.com/time/world/article/0,8599,1698267,00.
html#ixzz5UiSxJpuu)
Kamatenesi, Oryem, and Ogwal, (2007) carried out a study to document indigenous knowledge
on medicinal plants used by traditional healers in the treatment of some gynaecologicalmorbidity ailments in reproductive healthcare in western Uganda. The documented conditions
under gynecological morbidity considered include excessive-bleeding (hypermenorrhea),
painful menstruation (dysmenorrhoea), irregular menstruation and prolapsed uterus. Fiftytwo medicinal plants were documented by the researchers as being used in the treatmentof these ailments and conditions. Leaves are the most commonly harvested plant parts andthe most common growth forms harvested are the herbs 51.9%, followed by trees 25% andshrubs 17.3%. Over 50% of these herbal remedies are harvested from the wild ecosystems.
The main methods of preparation of herbal remedies were boiling, squeezing and pounding
and the medicines are administered orally. The nutritional status of individuals plays a vitalrole in the well-being and in fighting diseases as some medicinal plants are used as foodstuffs
like Lycopersicon esculentum Mill., Mangifera indica L., Carica papaya L., Cucurbita pepo L.,
Physalis minima L., Rumex abyssinicus Jacq., Daucus carota L., Zingiber officinale Roscoe
and Ananas comosus (L.).
In Budiope/Busoga, Eastern Uganda, twenty seven species distributed between 24 generaand 16 families were reportedly used in herbal preparations for the treatment of malaria. The
most frequently mentioned species were Vernonia amygdalina Delile, Momordica foetida
Schumach., Zanthoxylum chalybeum Engl., Lantana camara L. and Mangifera indica L.
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Drugs from these plants were prepared as water extracts and made from single species.
The drugs were administered in variable doses and over varied time periods (Tabuti, 2006)
4.6 Research limitations
From its experiences and observations during the entire study exercise, the IK Research
Project – Uganda team noted a number of challenges which it endeavored to address withreasonable success, namely:
•

•

•

•

•

It was not possible for the team to meet a majority of the key informant, policy makers either
during the FGD session or to get them to fill the key informant interview questionnaire.
This was because in either case, they were said to be very busy with other pressing
issues in their respective offices. To overcome this challenge, the team managed to get
responses from the available Officers to respond to the questions.
Getting the herbalists to open up to respond to the FGD tool in groups was not easy
mainly because they were apprehensive about being asked to give information on how
they conduct their practices. They were suspicious that the team had come to pirate
information from them and then vanish as had been the case with some other teams that
had visited them earlier on. In this case, the team took some more time by engaging theherbalists in a plenary session during which it was explained that the purpose of the FGD
exercise was to identify ways of how best to protect and ensure better benefit-sharing for
herbal medicine practice in Uganda.
A big capacity gap was noted especially with regard to the way the herbalists go aboutprocessing their products. During the field visits, the team did not see elaborate facilities
for the processing of herbal medicine. Regarding this gap, the team advised andencouraged the herbalists to seriously find ways of establishing and running properlyorganized facilities for basic processing of herbal products, to ensure the availabilityof herbal services that would be qualitative, safe and effective (efficacious) – to build
confidence in the herbal users and the public in general.
The training and involvement of the youth in the practice of herbal medicine is minimal.
The team alerted the herbalists on this gap and thus encouraged them to begin
bringing youngsters on board by equipping them with skills so that they would assume
responsibility of these practices, for purposes of sustainability.
Most herbalists are of primary education level and hence, they are not confident enoughto embrace modern methods of herbal medicine e.g. engaging in basic and intermediate
processing practices. The team encouraged the herbalists to make it a habit to attend
seminars, and related training events so as to update their skills in order for them tomodernize their practices. They were also encouraged to participate in the functional
adult Literacy (FAL) Programme, as a way of transforming their practices into modern
ones.

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5. Discussion, Conclusion andRecommendations
5.1
Discussion
The research findings indicated that more than half of the herbalists and herbal users
mentioned that herbal medicine is used more than the western medicine in the sampled
districts. This is in line with Nelson-Harrison et al., (2002) and WHO, (2004) observations
that indicated that 80% of the people living in the African region use traditional medicine for
their health care needs. The WHO, (1996) also indicated that Uganda’s health status remains
poor, with many prevalent diseases, thus need to utilize traditional African knowledge andherbal medicines.
Regarding support to promote THM practice, almost half (41%) of the respondents mentionedthat they do not receive any form of support from organizations towards THM promotion. Onlya quarter of the respondents indicated some form of support from Government and NGOs inform of trainings and policy and law formulation. There is a need to provide adequate support
for THM promotion.
The research findings revealed very low levels of awareness among stakeholders inpromoting THM and benefit sharing. More than three quarters (80%) of the respondents
lacked knowledge on policies, laws, conservation of biodiversity as far as THM promotion isconcerned. Concerted efforts are needed to promote awareness among stakeholders at alllevels.
Research findings indicated varied sources of THM in the sampled districts ranging fromforests, woodlands, wetlands, grasslands, hilly and mountainous areas. However, it was
indicated that the majority of these sources are degraded (more than half of the respondents)
and this makes the herbal medicine materials scarce and the practice not sustainable. Thereis a need to conserve the THM sources through awareness creation, trainings, restoration of
degraded sources, and enforcement of laws.
The findings are supported by NEMA, (2005) that observed tropical high forests coverdwindled from about 12.5% of the total area of Uganda in 1900 to 3% in 1987. NEMA, (2005)
went ahead to indicate that Uganda’s forest cover is estimated to be shrinking at 55,000 ha
per year. Already 30% of the tropical high forests which provide high value forest products,
THM inclusive, environmental services and biodiversity are estimated to have been degradedwith all their associated dependent biodiversity, mostly due to agricultural expansion andunsustainable harvesting of forest resources, urbanization and industrialization (Bush et al.,
2004; NEMA, 2005). This is particularly worrying given that as of 2001 what was left of forest
cover was approximately 4.9% million ha of which 70% is on private or customary land andonly 30% is in protected areas. In the absence of appropriate interventions, forests andwoodlands on private land could be wiped out in 17-62 years (UNDP, 2005; NEMA 2005).
Hamilton, (1984), Mafabi and Taylor, (1993), FAO, (1996) reported that cultivation of various
crops in wetlands was one of the leading causes of wetland loss of which wetlands are very
important sources of THM. MWLE, (2001) and NEMA, (2002) also reported the following
ATPS (2013): Influencing National Legislation, Policies, Strategies and Programmes to ensure appropriate Protection and Benefit-Sharing ofTraditional Herbal Medicinal Knowledge with and by Traditional Herbalists in Uganda. ATPS Research Paper No. 21

54percentages of wetland conversion mainly due to agriculture in various districts of Uganda:
80% of wetlands in Jinja, Iganga 60% , Tororo 46%, Pallisa 64% and Kibale 74%.
The findings also indicated very low capacity of herbalists to deliver efficient and effective
services in their practice. The capacity of the herbalists should be built to make them deliver
better and promote the practice. This can be done through training, providing financial
resources, monitoring and supervision by technical personnel.
5.2
Conclusion
The research team has come up with some conclusive impressions regarding the status oftraditional herbal medicine in Uganda. These impressions include:
•
•
•
•
•
•
•
•
•

The majority of people in sampled districts use THM more than western medicine for
their health care.
There is a low level of awareness on THM practice and promotion among policy makers
and stakeholders.
The level of appreciation of and support to, the practice and promotion of traditional
herbal medicine by policy-makers and other stakeholders is minimal and needs significant
improvement.
The herbalists have low capacity in THM processing, conservation of THM sources(biodiversity), marketing, and harvesting ethics.
The herbalists showed relatively low levels of education and therefore a need to beaddressed creatively and innovatively, to enable the herbalists to eventually modernize
their products to high, credible levels.
The significant mechanisms (e.g. policies, laws, institutions etc.) are not adequately
implemented and enforced for the efficient and effective practice of traditional herbal
medicine in the country.
The Biotechnology and Biosafety Policy, the Policy on Indigenous Knowledge (IK), lawson the Industrial Property, the Traditional Medicine, and the Guidelines for regulation of
traditional healers or herbal medicine in Uganda are not yet enacted.
The THM materials are obtained from varied ecosystems but most of them are degradedthrough deforestation, wetland conversion, and unguided land use changes.
The THMK is fairly protected by the existing legislation but the knowledge is currently notcomprehensively documented, shared and therefore inaccessible.

5.3
Recommendations
1. Advocate and raise awareness on THM practices and medicinal knowledge among
stakeholders (policy makers, academicians, scientists, local communities, development
partners, traditional herbalists, THM users).
2. Capacity building in documentation and information management of THMK at bothnational and community levels.
3. Promote exchange of THMK among communities and practitioners through theestablishment of community-based traditional knowledge resource centres.
4. Provide support (technical, financial, programmes, projects, material) for THM promotion.
5. Capacity building for the THM practitioners is paramount. The focus should be puton the skills requested for by the practitioners and these included THM processing,conservation of THM sources (biodiversity), marketing, harvesting ethics and regulationof THM practice. Capacity in documentation and information management of traditional
herbal medicinal knowledge should also be considered.
6. Promote conservation of THM sources (biodiversity) through awareness-raising,enforcement of existing laws, enrichment, planting and establishing of herbal gardens(in-situ and ex-situ conservation).
7. Empower the institutions responsible for promotion of THM and benefit sharing in terms offinance, personnel, equipment to enable them implement the policies and programmes,and enforce laws.
ATPS (2013): Influencing National Legislation, Policies, Strategies and Programmes to ensure appropriate Protection and Benefit-Sharing ofTraditional Herbal Medicinal Knowledge with and by Traditional Herbalists in Uganda. ATPS Research Paper No. 21

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8. Ensure adequate and effective coordination of the institutions responsible for THM
promotion and benefit sharing.
9. Align the pending Bills to the Swakopmund Protocol in order to have a comprehensive
sui generis form of protection and at the same time provide for benefits sharing.
10. Enforce laws on biodiversity conservation as well as the ABS regulations and related
laws.

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References
African model legislation for the protection of the rights of local communities, farmers andbreeders, and for the regulation of access to biological resources (2000) http://www.opbw.
org/nat-imp/modellaws/oau-model-law.pdf
Balasubramanian, K (1997) Herbal Remedies: Consumer Protection Concerns, Consumers
International, Penang
Barnerman, R.H [et al] (1993) Traditional Medicine and Health Care Coverage, Geneva:
World Health Organization
Bhatti, S. (2000) ‘Intellectual property rights and traditional medicines’, prepared for WHOASEAN Meeting on the TRIPS Agreement and its Impact on Drug Supply, Jakarta
Carlos M Correa (2001) Traditional Knowledge and Intellectual Property - Issues and options
surrounding the protection of traditional knowledge A Discussion Paper, Quaker United
Nations Office Geneva, Switzerland
Correa, Carlos M. (2002) Protection and Promotion of Traditional Medicine - implications for
public health in developing countries. University of Buenos Aires, Buenos Aires
Downes, D (1997) Using Intellectual Property as a Tool to Protect Traditional Knowledge:
Recommendations for Next Steps, Center for International Environmental Law, Washington,
D.C.
Echookit (2008) Access to Genetic Resources and Benefit Sharing in Uganda. Legal
Perspective NEMA, Uganda
Esegu, J.F.O. (2002) Research in Medicinal Plants in Uganda, Internal Presentation, Forest
Recources Research Institute, Kampala, Uganda
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
Fingleton, J.S. (1998) ‘Legal recognition of indigenous groups’, FAO LEGAL PAPERS
ONLINE, available at http://www.fao.org
Gorjestani Nikolas, (2000). Indigenous Knowledge for Development Opportunities andChallenges; www.unctad.org/trade_env/docs/gorjestani.doc
Government of India (2000) “Protection of biodiversity and traditional knowledge, the Indian
experience”, WT/CTE/W/156, 14 Jul 2000
Government of Uganda (2003) The National Forestry and Tree planting Act, 2003 Kampala
ATPS (2013): Influencing National Legislation, Policies, Strategies and Programmes to ensure appropriate Protection and Benefit-Sharing ofTraditional Herbal Medicinal Knowledge with and by Traditional Herbalists in Uganda. ATPS Research Paper No. 21

57

Government of Uganda (GOU) (1998) Land Act, 1998 UPPC, Entebbe
Government of Uganda (1995) The Constitution of the Republic of Uganda 1995
Hansen, Stephen and Van Fleet, Justin (2003) Traditional Knowledge and Intellectual
Property: A Handbook on Issues and Options for Traditional Knowledge Holders in Protecting
their Intellectual Property and Maintaining Biological Diversity, American Association for the
Advancement of Science (AAAS), Washington, DC 20005 United States of America
ICSU (2002) Science, Traditional Knowledge and Sustainable Development ICSU Series on
Science for Sustainable Development No. 4 International Council for Science, Paris
Koon, O.C (1999) ‘Intellectual property protection of traditional medicine and treatments in
Malaysia’, in Blakeney, M (Ed) Perspectives on Intellectual Property Intellectual property
aspects of ethnobiology Sweet & Maxwell, London vol. 6
Kuanpoth, J (2001) ‘Legal Protection of Traditional Knowledge: The case of Thai Traditional
Medicine’, ASEAN Workshop on the TRIPS Agreement & Traditional Medicine, WHO, Jakarta
Lettington, R (2000) ‘The protection and Promotion of Traditional and Marginalized Medicinal
knowledge: Romantic Dream or Twenty-First century Necessity?’ Regional Conference on
medicinal Plants, Traditional Medicines and Local Communities in Africa: Challenges andopportunities of the New Millennium, Nairobi
Medeiros, CN, & Eraldo (1999) ‘Traditional use and sale of animals as medicines in Feira deSantana City, Bahia, Brazil’, Indigenous Knowledge and Development Monitor, vol.7, issue 2
MWLE (2001) Wetland Resource Book Ministry of Water, Lands and Environment, Kampala,
UgandaMugisha Kamatenesi Mauda, Oryem-Origa Hannington, Ogwal Odyek (2007). African
Journal of Ecology, Vol. 45 College of Natural Sciences, Makerere University, February 2007
Mukono District State of the Environment Report (1997) www.unep.org/Pearl/Login/OP/.../PEARLFullTextBLOB_1534_642.pdf
Nakashima Douglas; PhD (2000) - Traditional Knowledge: Resisting and Adapting to
Globalization, Paper prepared for the UNCTAD Expert Meeting on Systems and National
Experiences for Protecting Traditional Knowledge, Innovations and Practices, Geneva, 30
October to 1 November 2000
National Environment Management Authority (2005) The Uganda National State ofEnvironment Report 2004/2005. NEMA, Uganda
NEMA (2002) State of Environment Report for Uganda, 2002 NEMA. Kampala
National Environment Management Authority (2002) Uganda National Biodiversity Strategy
and Action Plan (NBSAP) 2002 NEMA, Kampala Uganda
National Environment Management Authority, (2000) National Environment Act, 2000
KampalaNational Environment Management Authority (1994) National Environment Policy 1994
Ministry of Water, Lands and Environment, Kampala Uganda
Nelson-Harrison, S; King, S, Limbach, C, Jackson, C, Galiwango, A; Kisingi, K, Sirimani &ATPS (2013): Influencing National Legislation, Policies, Strategies and Programmes to ensure appropriate Protection and Benefit-Sharing ofTraditional Herbal Medicinal Knowledge with and by Traditional Herbalists in Uganda. ATPS Research Paper No. 21

58

Kanyerezi, B., (2002), ‘Ethnobotanical research into the 21st. century’, in Iwu and Wooton(Eds), Ethnomedicine and drug Discovery, Elsevier, Ireland
Pranoto, G (2001) ‘Traditional Medicine Knowledge as a Basic For The development ofAllopathic Medicine: An Industry Perspective of Future Possibilities’, ASEAN Workshop on
the TRIPS Agreement and Traditional Medicine, organized by the Directorate General of
Food and Drug Control- Indonesia, Jakarta
Pushpangadan, P (2002) ‘Traditional Knowledge & Folklore - A benefit sharing modelexperimental in India’, based on the presentation made during the Conference organized by
the Commission on Intellectual Property Rights at London on 21-22 February
Simpson, T (1997) Indigenous Heritage and Self-determination: The Cultural and Intellectual
Property Rights of Indigenous Peoples, International Work Group for Indigenous Affairs,
Copenhagen
Subcharoen, P, Luanratana, O, Kuanpoj, J, & Assawintrangura, S. (2000) ‘Indigenous
Knowledge and Intellectual Property - Thai Study’, Inter-regional Workshop on intellectual
property rights in the context of traditional medicines. Bangkok
Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions ofFolklore within the Framework of the African Regional Intellectual Property Organization(ARIPO) (2010) http://www.cbd-int/doc/measures/abs/msr-abs-aripo-en.pdf
Tabuti, JRS (2006), Herbal medicines used in the treatment of malaria in Uganda: A casestudy of Budiope County, Makerere University/ The Garden Club of America. Kampala,
UgandaTen Kate, K. & Laird, S. (1999) the commercial use of biodiversity - Access to genetic
resources and benefit sharing, Earthscan, London
The Cross-Cultural Foundation of Uganda (2008) Promoting Herbal Medicine in
Uganda – Traditional Health Practitioners and government Working together; www.
crossculturalfoundation.or.ug
Twarog, S. And Kapoor, P. (Eds.) (2004) Protecting and Promoting Traditional Knowledge:
Systems, National Experiences and International Dimensions. United Nations Conference
on Trade and Development Document No, United Nations, Geneva UNCTAD/DITC/TED/10
Uganda Wildlife Authority (2001) The Uganda Forestry Policy 2001. Ministry of Water, Lands
and Environment
Uganda Wildlife Authority (2000) Uganda Wildlife Act, 2000 UWA, Kampala.
Uganda Wildlife Authority (1999) Uganda Wildlife Policy 1999
UNDP (2005) Uganda Human Development Report 2005
Vivas Eugui, D & Ruiz Muller, M (2001) ‘Handbook on mechanisms to protect the traditional
knowledge of the Andean Region Indigenous Communities’, prepared for the UNCTAD
BIOTRADE initiative, UNCTAD, Geneva
Warrier, A, (1999) ‘Branching out with the philosophy of life’, The Indian Express, 29-12WHO, (1996) ‘Guidelines for the assessment of herbal medicines’, WHO Technical Report
Series, No.863, Geneva
ATPS (2013): Influencing National Legislation, Policies, Strategies and Programmes to ensure appropriate Protection and Benefit-Sharing ofTraditional Herbal Medicinal Knowledge with and by Traditional Herbalists in Uganda. ATPS Research Paper No. 2159WHO (2005) Global Survey Rep
ort, www.apps.who.int/medicinedocs/en/d/Js7916e/)
WHO (2004) Tools for institutionalizing traditional medicine in health systems in WHO African
region. World Health Organization Regional Office for Africa Brazzaville
WHO (2001) Legal Status of Traditional Medicine and Complementary/Alternative Medicine:A Worldwide Review

ATPS (2013): Influencing National Legislation, Policies, Strategies and Programmes to ensure appropriate Protection and Benefit-Sharing ofTraditional Herbal Medicinal Knowledge with and by Traditional Herbalists in Uganda. ATPS Research Paper No. 21

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