Policy Implications for Intellectual Property
Systems for Traditional Healers inLesotho
African Technology Policy Studies Network
Biotechnology Trust Africa

TECHNOPOLICY BRIEF | No. 37
Pitso Masupha
Lefa Thamae
Mofihli Phaqane

Policy Implications for Intellectual Property
Systems for Traditional Healers
in Lesotho

Pitso Masupha
National University of Lesotho
Lefa Thamae
National University of Lesotho
Mofihli Phaqane
HIV & AIDS Civic Society

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

Published by the African Technology Policy Studies Network

ISBN: 978-9966-030-44-3

Table of Contents
Acknowledgement

4Background

5Key Concerns

5Conclusion

8

Policy Recommendations8Policy Implications for Intellectual Property Systems for Traditional Healers in Lesotho | 3

Acknowledgement
This paper was produced as part of the implementation of the ATPS phase VI
Strategic Plan, 2008-2012 funded by ATPS Donors including the Ministerie van
Buitenlandse Zaken (DGIS) the Netherlands, Rockefeller Foundation, OpenSociety Foundation, UNESCO, European Union, African Union, amongst others.
The authors hereby thank the ATPS for the financial and technical support during
the implementation of the Intellectual Property Program. The authors particularly
thank the Executive Director of the ATPS Prof. Kevin Urama for his visionaryleadership and all members of his team at the ATPS. We are also grateful to theProgramme Coordinators including Mr. Joseph Wekundah of the Biotechnology
Trust Africa, Dr. Maurice Bolo (ATPS), Dr. Nicholas Ozor (ATPS), Prof. Moni
Wekesa (Mount Kenya University) for their technical supports to the Programme.

4 | Policy Implications for Intellectual Property Systems for Traditional Healers in Lesotho

BackgroundTraditional Medicine is one of the important parts and puzzles of the Basotho daily
lives since pre-historic times. In the ancient times, every village had a traditional
healer and his house was located near the chief's main house. Traditional healers
remain popular because they are accessible, affordable, adaptable and culturallyfamiliar and thus acceptable and respected in the wider community. The
emergence of various diseases like HIV and AIDS, TB and other difficult to cureillnesses has resulted into a large number of people working as traditional
healers. Traditional healers have their own organization, which amongst others,offers certificates to the traditional healers. However, the majority still operate
without the organization's endorsement; as what it offers is more of membership
than competence certificates.
The study was done in the form of interviews which were conducted in the seven
low lands districts of Lesotho; traditional healers and members of the community
found in the villages were interviewed. Focus Group discussions were also
conducted in some selected parts of the chosen districts; the traditional healers,village councilors and the chiefs were part of the forum. The interviews of the key
informants targeted departments and civil societies engaged in biodiversity
conservation, Policy formulation, Health safety, HIV and AIDS and Consumerrights protection issues.

Key Concerns
The data, gathered from the traditional healers in the villages; and thecommunities that are regarded as beneficiaries; Focused group discussions;and the key informants, were analyzed and the following concerns were revealed.
Loss of Biodiversity
The majority of the doctors (over 86%) admitted that they are now faced withserious declining resources for traditional medicine. They attributed the decline
to the unlicensed bogus healers from the urban areas who either go into therangelands where the herbs usually grow or hire the herdsman to dig them andpay them. The concerns with these healers were that: they don't leave anything
for the herb to re-grow as they use spades to remove the whole plant;
Policy Implications for Intellectual Property Systems for Traditional Healers in Lesotho | 5

furthermore, they don't leave anything for the community as the fees paid to theherdsmen are quite disappointing. Harvesting of these herbs also includes those
protected by the environment act of 2008. Below is a picture of bags of traditional
medicine harvested in the villages ready to be transported into the cities.

Source Lesotho Fourth CBD Report

Figure 1: Harvesting of traditional medicines

Traditional Medicine Safety Concerns
There were concerns that were particularly related to the mushrooming of people
selling traditional medicine already mixed claiming to cure certain diseases. The
concern was on the dosage levels and the ingredients used in the preparation ofsuch medicine. It is common understanding that; for traditional medicine to beeffective it must have a very bitter taste. The concern was that these people might
mix some poisonous materials which are not necessarily herbs and sell it topeople especially in the face of declining resources for traditional medicine.
Storage and Preservation Concerns
Beneficiaries showed serious concerns over the way in which traditional herbs
are kept especially those that are found in the streets of the cities. They are always
kept on dirty surfaces, exposed to dust, sunlight and rain. They are worried that
6 | Policy Implications for Intellectual Property Systems for Traditional Healers in Lesothothese conditions may reduce the effectiveness of the medicine and mostimportantly result into some pathogens getting entry into such medicines andexacerbate the illness instead of curing it. Again, they showed concern on thepackaging of liquid medicine which is normally done in containers previously
used for other purposes; thorough cleaning before reuse is a concern.
Unclear Certification Process
It was discovered during the studies that healers are not subjected to any
competence test before being awarded traditional healers' certificates.
Furthermore, it is not mandatory that for one to practice as a healer he/she must
be a holder of such a certificate. Therefore, their certificates serve as membershipcertificates; any association's interest is to increase its membership. This being
the case it is possible that awarding of certificates is done without any scrutiny tothe morals and the competence of the individual being a healer.
Lack of Cooperation between Traditional Healers and ModernDoctors
The majority of traditional healers (>75%) indicated that there are no work
relations with the modern doctors; despite the fact that they serve the sameclients. This also came up during the focus group discussions that wereconducted. Traditional healers believed that modern doctors do not want torecognize their healing capacities. This sour relationship puts the patients that
consult them first at a disadvantage as some modern doctors either refuse toaccept them or harass them before treating them. However, it is surprising thatthe same doctors together with the pharmacists and nurses come to them during
awkward hours when confronted with witchcraft or bad luck.
Ignorance About HIV & AIDS
It came as a surprise that more than twenty five years since the discovery of HIV, inLesotho, strategically placed people within the society like the traditional healers
still don't believe in HIV/AIDS. More than 50% of the traditional healers don'tbelieve there is a disease called HIV and AIDS. This is really shocking considering
the fact that besides their daily work as healers they are also directly involved in
the schools of traditional circumcision.

Policy Implications for Intellectual Property Systems for Traditional Healers in Lesotho | 7

Lack of Intellectual Property Policy Related to TraditionalMedicine
It became evident during the key informants' interviews; and the literature review
on legislations related to access and benefit sharing and patenting; thattraditional medicine is not included at all amongst the innovations that could beprotected. The two copies provided by the Law office: Industrial Property Order,
1989 and Copyright Order, 1989 stated very clearly that any form of medicine orprocedures meant for human or animal curing are excluded in patenting.

Conclusion
Traditional healers play a pivotal role in the lives of Basotho. But with theemergence of HIV and AIDS pandemic, their activities have threatened thecountries biodiversity seriously. There are certain species facing extinction.
Furthermore, there has been a general outcry from Non-Governmental
Organizations within the country concerning safety and the hygienic way relating
to traditional healers. These include display of herbs directly to the sun and bogus
healers who just storm in the market as fortune seekers. Based on lack ofcooperation between modern scientific doctors and traditional healers, the livesof people are in danger due to the ignorance of a significant number ofindigenous healers. This danger is brought by the alarming rate posed by thetremendous spread of the pandemic. Surely, there has to be clear policies
governing the institutions of traditional medicine men holistically, in order toprotect their rights, protect lives of their clients and the country's environment as awhole.

Policy Recommendations
The recommendations emanating from this study are solely intended to havepositive impact on the lives of Basotho nation as a whole, not to antagonize anyinstitution.
Enforcement of Environment Act, 2008
The main purpose of this act is to protect the environment, particularly theendangered species. However, it has come to our notification that most of thecommunity leaders are not aware of the existence of the act.
8 | Policy Implications for Intellectual Property Systems for Traditional Healers in Lesotho>The effectiveness of the local Councilors on environment protection has to
be increased by sensitizing them and encouraging periodical or quarterly
inspection of their wards in order to ensure that the environment is still kept
intact.
> Head boys mobilization and sensitization; these are people who are close to
the environment. They also engage in activities of up-rooting and burning of
the environment, therefore they should be included in massive campaigns
aimed at environmental protection.
> Low fertile and eroded fields should be turned into community botanicalgardens as a way of re-claiming the lost land due to soil erosion.
Safety Measures
For the purposes of ensuring the safety of the traditional healers' clients; there has
to be a clear certification and standardization process aimed at discouraging
bogus healers. This should clearly stipulate that nobody should be allowed topractice as a healer unless he/she holds the appropriate certificate. Also, forhygienic purposes, there should be an inspection of the site before awarding
surgery licenses, the inspection should include; safety equipment, ablution
facilities, preservation facilities and packaging materials.
The Platform for Dialogue
There has to be a form of dialogue between traditional and modern scientificdoctors for the purpose of enhancing cooperation between the two parties.
Modern doctors have to acknowledge and recognize the pre-historical existenceof traditional healers within the Basotho nation.
HIV & AIDS Pandemic
The traditional healers should be offered special training on this aspect. Thetraining should cover modes of transmission, diagnosis, prevention andtreatment. It has been demonstrated that these require sophisticated andcomplex equipment. Thus if they understand these aspects, there is a highlikelihood of reducing the rate of HIV and AIDS infections and related deaths.
Furthermore, the counseling skills of traditional healers should be strengthened
in order to facilitate the challenges posed by the prevalence of the pandemic andthe subsequent testing and intake of ARVS.

Policy Implications for Intellectual Property Systems for Traditional Healers in Lesotho | 9

Lack of Intellectual Property System Policies
There should be clear policies protecting traditional knowledge system as awhole. This will also make it easy for them to disclose their knowledge freely.
Such policies should include methods for treatment of the humans and animals
by the traditional healers as well as their diagnostic methods in disease treatment
as excluded in the Industrial Property Order, 1989. Section 1 Part 11 4(d).

10 | Policy Implications for Intellectual Property Systems for Traditional Healers in Lesotho

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

African Technology
Policy Studies Network
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ISBN: 978-9966-030-44-3