Appropriate Protection, Promotion and Accessto Benefit-Sharing of Traditional Herbal
Medicinal Knowledge in Uganda
WORKING PAPER SERIES No. 69

ATPS (2013): Appropriate Protection, Promotion and Access to Benefit-Sharing of Traditional Herbal Medicinal Knowledge in Uganda. ATPS Working Paper No. 69

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ATPS (2013): Appropriate Protection, Promotion and Access to Benefit-Sharing of Traditional Herbal Medicinal Knowledge in Uganda. ATPS Working Paper No. 69

2Appropriate Protection, Promotion andAccess to Benefit-Sharing of Traditional
Herbal Medicinal Knowledge in Uganda

Wanakwakwa Job
LOG`EL Project
Gateese Teopista
Luweero District Local Government
Munabi Catherine
Uganda National Council for Science and Technology/UNCST
Muhumuza James
Tropical Aloe Lands Foundation
Lwanga Herbert
LOG`EL Project	
  ATPS (2013): Appropriate Protection, Promotion and Access to Benefit-Sharing of Traditional Herbal Medicinal Knowledge in Uganda. ATPS Working Paper No. 69

3This paper should be cited as:
African Technology Policy Studies Network, ATPS 2013: Appropriate Protection, Promotion
and Access to Benefit-Sharing of Traditional Herbal Medicinal Knowledge in Uganda[Wanakwakwa J., Munabi C., Lwanga H., Muhumuza J., Gateese T.], ATPS WORKINGPAPER No. 69© 2013Published by the African Technology Policy Studies Network

ISBN: 978-9966-030-73-3

ATPS (2013): Appropriate Protection, Promotion and Access to Benefit-Sharing of Traditional Herbal Medicinal Knowledge in Uganda. ATPS Working Paper No. 69

4Table of Contents
Acknowledgement						

6List of Acronyms							

7Abstract								

8

1Introduction						9

2Objectives						

11

3Literature Review						

12

4Material and methods					

18		

5

Fieldwork Data and Preliminary Analysis			

20

6.

Conclusion						

27References							

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Acknowledgement
This report was produced as part of the implementation of the African Technology Policy
Studies Network (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 and technical support during theimplementation of the program. The Authors specially thank Prof. Kevin Chika Urama, the
ATPS Executive Director for his visionary leadership as Program Director; Prof. Atieno NedeAmadi, Program Coordinator; Dr. Nicholas Ozor, Senior Research Officer, ATPS; Mr. Ernest
Nti Acheampong, ATPS Research Officer and the ATPS Team for the technical support during
the research process.

ATPS (2013): Appropriate Protection, Promotion and Access to Benefit-Sharing of Traditional Herbal Medicinal Knowledge in Uganda. ATPS Working Paper No. 69

6List of Acronyms
ABS			AICRPE		ARIPO 		CBD			
FGDs 			
IK			
IP			
IPR			
KIIIs 			THM 			THMK			TK 			
TM 			
UNCST 		WHO			

Access and Benefit Sharing
All India Coordinated Research Project on Ethnobiology
Africa Regional Intellectual Property Organization
Convention on Biological Diversity
Focus Group Discussions
Indigenous Knowledge
Intellectual Property
Intellectual Property Right
Key informants and in-depth interviews
Traditional Healers Medicine
Traditional Healers Medicine Knowledge
Traditional knowledge
Traditional Medicine
Uganda National Council for Science and Technology
World Health Organisation

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Abstract
Traditional Knowledge in Uganda as exemplified through traditional herbal medicine enjoys
national patronage by individuals. It is acknowledged that this knowledge is passed on fromgeneration to generation. The current and modern regimes on intellectual property rights are
inadequate to sufficiently protect traditional knowledge and assure benefits sharing to thecommunities from which such knowledge comes. Culturally, this knowledge was protected
through some form of “trade secrets”. This study sought to establish the extent of usage of
traditional herbal medicine in Uganda and how traditional knowledge can be protected toassure benefits sharing. The study came up with various findings; for example, there are
more herbalists available to the population than doctors trained in Western Medicine; that thepractitioners of traditional knowledge look at it as a source of income or employment. Most
herbalists are not aware of existing laws to protect use of herbal medicine. An analysis ofexisting laws in Uganda reveals a scattered approach in the sense that various legislations
mention something on traditional knowledge. It is generally accepted that traditional
knowledge can best be protected through a 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 theprotection of indigenous knowledge for the benefit of the communities.

ATPS (2013): Appropriate Protection, Promotion and Access to Benefit-Sharing of Traditional Herbal Medicinal Knowledge in Uganda. ATPS Working Paper No. 69

81. Introduction
1.1 BackgroundTraditional knowledge (TK) 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 ( 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).
TK is collective in nature and it is often considered the property of the entire community,
not belonging to any single individual within the community. This is notwithstanding the factthat certain individuals within a community may be the ones endowed with certain specificskills such as herbalists, iron mongers and blacksmiths. The knowledge is used to sustain
the community and its culture and to maintain the genetic resources necessary for thecommunity’s continued survival. TK is transmitted through specific cultural and traditional
information-exchange mechanisms—for example, orally through elders or specialists(breeders, healers,) and often to only a select few people within a community (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, 1998). TM encompasses a great variety of methods of diagnosis
and treatment, including physical, mental and spiritual therapies. The application of suchmethods is strongly influenced by the culture and beliefs dominant in a particular community,
to the extent that they may be ineffective when applied in a different context. TM includes,
thus, knowledge concerning medicines and their use (appropriate dosage, particular forms ofadministration, etc.), as well as the procedures and rituals applied by healers as part of theirtraditional healing methods.
Some scholars understand “protection” in the context of IPRs, where it essentially means
to exclude the unauthorized use by third parties of protected knowledge (Downes, 1997).
Under this approach, IPRs may constitute either an offensive mechanism to support thecommercialization of TK and to ensure benefit sharing, or a defensive tool to prevent themisappropriation of traditional knowledge. Other scholars (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 that have 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
ATPS (2013): Appropriate Protection, Promotion and Access to Benefit-Sharing of Traditional Herbal Medicinal Knowledge in Uganda. ATPS Working Paper No. 69

9arising from the commercial and other utilization of TK (article 15 (7) of the Convention on
Biological Diversity).
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 TK. The requirements for
IP rights protection under current IP regimes remain largely inconsistent with the nature of
TK. As a result, it is neglected and considered part of the public domain with no protections
or benefits for the knowledge holders, or expropriated for the financial gains of others, often
referred to as biopiracy. There is a need to establish modalities, mechanisms and strategies
to protect the herbal medicine knowledge holders and also enable them benefit from theirknowledge.

ATPS (2013): Appropriate Protection, Promotion and Access to Benefit-Sharing of Traditional Herbal Medicinal Knowledge in Uganda. ATPS Working Paper No. 69

102. Objectives
2.1 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.
2.2 Specific objectives
The specific objectives of the study were to:
1. Assess the levels of traditional herbal knowledge among traditional herbalists, herbal
users and policy makers in Uganda.
2. Determine the capacity of service provision by traditional herbalists and consumption
levels of herbal users in Uganda?
3. Ascertain the level of appropriate protection and benefit sharing policies, strategies andprogrammes in support to herbal medicine in Uganda.
4. Come up with practical and feasible recommendations pertaining to appropriate protection
and benefit sharing mechanisms for traditional herbal medicine in Uganda.

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113. Literature Review
3.1
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 half a 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.
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 populationin Uganda has greater access to traditional health care more than to western healthcare. Traditional healers are an integral part of the local culture and are appreciated as
key and sustainable sources of care 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 samecommunity (Bannerman, et al., 1993). That points to the demand for traditional medicine for
medicinal plants and the fact that the majority of the people, rural and urban alike, depend
largely on herbal medicines for treating a variety of diseases (Esegu, 2002).
For example herbal medicine is used to treat a number of diseases e.g. management of
HIV/AIDS (treatment of opportunistic diseases using local medicine i.e. diabetes, diarrhea,
high fever), primary health care (traditional healers, maternal health, traditional medicine- outstanding is the rescuer project at Iganga that has been adopted in some 15 or soother districts of Uganda), IK – being integrated in the childhood development programmefinanced by the 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, traditional herbal medicine is instrumental in treating
and managing Malaria hence, a variety of strategies are employed by the people 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).
Of the 252 essential medicines selected by the World Health Organization, 11.1% come fromplants (Medeiros Costa 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 and around the forests, utilize over 8,000 species of plants, most of which are otherwise
not known 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
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12medicine was estimated to generate from China, the leading country in this field, with anincome of about US$5 billion in 1999 from the international market and US$1 billion from thedomestic 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 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.
The Integrated Early Childhood Development Project in Eritrea, seeks to improve childhealth, child and maternal nutrition, early childhood education and care. The project includes
a framework for the identification, validation, collection, storage and dissemination of IK
related to early childhood development and the design of the database of such practices tofacilitate 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 materials 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. They 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 is a total of 800 people on the network and at least 5 traditional
healer organizations closely participating in the Indigenous Plant Use Programme (Hale etal. 1995) Amongst other inequalities, apartheid caused imbalance in health and health carehence, resulting into the majority black population to resort to herbal medicine (Kale, 1995a)
3.2 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 on 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.

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The law covers the two best-known medicinal plants in Peru’s indigenous pharmacopoeia:‘cat’s claw’ and ‘maca’.
Although cultivation from the wild continues to provide the majority of plant material consumed
by the herbal medicine industry, in Asia the trend is towards agriculturally cultivated materials
that often better guarantee supplies, consistency, species identification, and high levelsof post-harvest handling (ten Kate and Laird, 1999; Chandra, 2002,). In India it has been
noted, however, that less than 30 of the medicinal plants utilized by the industry are undercommercial cultivation. 80,000 metric tons a year of certain plant varieties are being collectedfrom the wild. At this rate of collection, the TRM industry may crash because of lack ofsuppliers 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 neededin some cases as propagation will lead to the conservation of rare medicinal plants andensure that 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).
3.3 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)
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
ATPS (2013): Appropriate Protection, Promotion and Access to Benefit-Sharing of Traditional Herbal Medicinal Knowledge in Uganda. ATPS Working Paper No. 69

14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 grant of such patents
and bio-piracy” (Government of India, 2000).
3.4 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” andconsists of a set of nationally recognized laws and ways of extending plant variety protection(PVP) other than through patents. TRIPS itself does not define what a sui generis system
is or should be. And although TRIPS does not mention UPOV, it was generally thought that
the UPOV standards meet the requirements for a sui generis system for plants. However,countries do not have to join UPOV to implement a sui generis system to comply with TRIPS.
Even then, UPOV is also premised on the concept of individual ownership of property and istherefore not ideal for protecting traditional medicine.
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 justcertain 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 people
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 for 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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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.
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 above- recognition of the rights conferred in foreign countries, unless specific agreements on thematter are put in practice under international agreements or unilaterally under national laws.
This limitation can be overcome through national legislation as envisaged in the Convention
on Biological Diversity under the doctrine of sovereignty over genetic resources.
An example of benefit sharing is provided by the AICRPE project in India, in relation to aplant 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 scientificallyvalidated and standardized 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).
It should also be mentioned that Uganda, like other countries that desire to protect theirtraditional knowledge can benefit from the template provided by the Swakopmund Protocol
prepared by countries that subscribe to the Anglophone Africa Regional Intellectual Property
Organization (ARIPO). This Protocol so far provides the best example of a sui generis formof protection.
3.5
Policies and laws
Different policies exist, particularly, 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 programmes. 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 thatinterventions shall emphasize the preservation, integration, utilization and promotion ofindigenous knowledge. Uganda is a member of ARIPO and therefore she can model her
national laws along the lines envisaged in the Swakopmund Protocol.

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3.6
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).
Using an Act of Parliament, institutions can be created to implement the laws and to manage
all aspects relating to intellectual property protection and including benefits sharing

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4. Materials and Methods.

4.1 Study Area and Selection
The study area covered four (4) districts of Uganda i.e. Mukono in Central, Jinja in theEast, Hoima in West and Lira in the North. These districts were selected because of theadvantage of a paired proximity for convenient travel and access while at the same time they
are endowed with a rich presence of communities of 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.
4.2 Methods
4.2.1 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 design enabled
the research to gather data from various respondents operating in different stages of the
traditional herbal medicine value chain.
4.2.2 Study samples and sampling procedure
From each of the four districts, a pilot study was conducted using FGDs with herbalists andpolicy makers, key informant interviews with policy makers, interviews with herbalists andherbal 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.
4.2.3 Data collection
Participatory Rapid Appraisals especially through 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
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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.

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195. Fieldwork Data and Preliminary Analysis
Data from FGDs and key informant interviews was analyzed qualitatively using transcription(including translation from local languages to English) and transcribed information was thenorganized, indexed and coded using qualitative analysis software. The coded data wasthen interpreted using content analysis techniques. The information was summarized into a
research report. The data collected from 160 herbalists and herbal 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/s.
5.1 Results
5.1.1 The levels of traditional herbal knowledge among traditional herbalists and Promotionof traditional herbal medicine practices
The 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:
5.1.2 Type of most used treatment
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)indicated that they did not have knowledge on the level of use of the concerned medicine.
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 in form of income from the practicewhile 16.7% (20) of the herbalists benefited in terms of employment and 4.2% (5) benefitedin image improvement.
The support towards traditional herbal medicine promotion was also assessed. 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 private sector and 41.7% (50) did not indicate
any support from any organization.
On the other, 84.2% (101) of the respondents indicated that they get support in terms of
training and sensitization while 15.8% (19) of the respondents mentioned support in terms ofpolicies and laws.
5.1.3 Ways of improving the use and protection of THM in Uganda
The respondents suggested the ways in which the use and protection of THM can be done 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 cited training
herbalist in their practice. 20% (24) mentioned formulation of policies and laws for promoting
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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.
5.1.4 Skills required by herbalists to improve THM practice in Uganda
When the respondents were required to mention the skills that would improve THM practice,
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.
5.1.5 Marketing
The marketing of the traditional herbal medicine was also assessed. 69.2% (83) of the
respondents mentioned that the THM in the sampled districts is sold at home-based sites.
This was followed by selling the medicine at herbalists’ shops that indicated 13.3% (16). The
selling of THM at the sales centres was assessed at 17.5% (21).
5.1.6 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.
5.2 Conservation of traditional herbal medicine resources (biodiversity)
Regarding the sources of the traditional herbal medicine, 38.3% (46) of the respondents
indicated THM sources from forests, followed by 26.7% (32) from grasslands, 24.2% (29)from wetlands, 8.3% (10) from hilly and mountainous areas and 2.5% (3) from other sources.
The status of the THM sources was also assessed. 64.2% (77) of the respondents mentionedthat the THM sources are degraded. 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.
5.2.1 Ways of conserving THM sources (biodiversity)
The respondents were also asked to suggest ways in which THM sources could be conserved.
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.
5.2.2 Laws that promote biodiversity 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.
5.3 The levels of traditional herbal knowledge among policy makers
5.3.1 Awareness among Policy makers on THM laws and policies
40% (5) of the respondents mentioned that they knew some of the laws and policies that
promote THM in Uganda; while 60% (7) of the sampled policy makers lacked knowledgeof the laws and policies. Some of the 40% could not mention the specific laws and theirobjectives.
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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5.4 The levels of traditional herbal knowledge among herbal users
Type of treatment mostly used
The herbal users had knowledge on the use of herbal and western medicine in their respective
communities. The analysis indicated that 65% (26) of the respondents use herbal medicine
while 25% (10) use western medicine mostly.
5.4.1 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
herbalists in their practice. 17% (7) mentioned formulation of policies and laws for promoting
THM in Uganda.
5.4.2 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.
5.4.3 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) that mentioned enrichment planting /restoration of 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.
5.4.4 The capacity of service provision by traditional herbalists
Out of the respondents interviewed, 79.2% (95) had the names of the organization they
practices from, 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 theirpractices, 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. Of the 120 respondents interviewed, all of them
(100%) reported owning and using mobile telephones for their herbal practice. However,none of them was using e-mail services. 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 of
36-50 and 21.7% (26) were under that of 21-35. The analysis showed that 56.7% (68) of the
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22respondents were male while 43.3% (52) were female. 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. The
education levels of the respondents were assessed as follows no formal education 25.8%(31), primary 40% (48), secondary 30% (36) and tertiary 4.2% (5).
The analysis of the average monthly income of the sampled herbalists showed that 47.5%(57) of the respondents indicated their average monthly income as ranging between >80,000– 140,000 Ushs. This was followed by 31.7% (38) that receives a monthly income of 20,000– 80,000 Ushs. 20.8% (25) of the respondents indicated their average monthly income as>140,000 Ushs.
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 and collection of herbal medicines (practices
and sustainability), transportation of plant materials, whether the plant materials promptly
unloaded and unpacked on arrival at the processing facility, protection of the plant materials
from rain, sun and any form of contamination, sanitation and hygiene, disposal of wastes
from the 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
on 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 overharvest the plants, debark the medicinal plants.
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.
5.5 The level of appropriate protection and benefit sharing policies, strategies andprogrammes in support to herbal medicine in Uganda
In Uganda there is a fairly 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, and
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23the 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 prior written informed consent form, and entered into an accessory
agreement with the lead agency, local community or owner; carried out an environment
impact assessment, in accordance with regulation 16, where required; entered into amaterials-transfer agreement in accordance with the regulations and obtained an accesspermit from the UNCST in accordance with the regulations. While Regulation 20 (1) statesthat the benefits accruing from the collection, modification and use of genetic resources shallbe 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.
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 trade marks. 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 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 seeks to promote the sustainable use
and fair sharing of costs and benefits of biodiversity.

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Guidelines for regulation of traditional healers or herbal medicine in Uganda are being
finalized. The objective of the guidelines 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.
5.6 The consumption levels of traditional herbal medicine in Uganda
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 profiles of the sampled herbal users are as follows: 40% (16) of the sampled herbal users
were under the age group of 51-65. This was followed by 31% (13) for age group 36-50.
64% (19) of the respondents were female while 36% (11) were male. Of the 40 respondents
interviewed, 47.5% (19) were traders, 42.5% (17) were farmers and 10% (4) were formallyemployed. Regarding the education levels of the herbal users, 60% (24) of the respondents
had their education level as primary and 30% (12) non educated.
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. The high levelsof consumption of herbal medicine indicated in Uganda can be explained by World Bank
(2003),It mentioned that 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. Bannerman, et al. (1993) observedthat about 80% of the population of Uganda relies on traditional medicine because westerntrained medical personnel are limited, and traditional healers are easily consulted, living inthe same community.
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.
The ethno-botanical 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.
The research findings reveal that a total of 41 conditions were treated with medicinal plantparts 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, followedby cough at 10%. Other conditions such as wounds had 5.6% headache; 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 Mabira Forest Reserve have always believed that
there are cures in the plant life of the forest. People seek herbal medicine for treating
sexual impotence, cancer, malaria and other illnesses. Ibrahim Senfuma, a bird guide inmabira forest, says that he and his friends take Citropsis articulata to boost their sex drives.
Locals either chew the roots and leaves of the plant (salt is added for flavor), or mix themin a half liter of water and then boil to make tea. Lowering his voice amid the crowing andsquawking 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 her neighbors’) cured by the leaves and roots of the Pronus
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25

Africana i.e. “Decreased immunity, stomach pains, malaria (http://www.time.com/time/world/
article/0,8599,1698267,00.html#ixzz5UiSxJpuu)
Dr. Kamatenesi (from Makerere University) is also 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 some forms 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 mabira forest.
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 gynaecological 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 form harvested are the herbs 51.9%, followed by trees 25% and shrubs
17.3%. Over 50% of these herbal remedies are harvested from the wild ecosystems. The
main methods of herbal remedies preparation were boiling, squeezing and pounding andthe medicines are administered orally. The nutritional status of individuals plays a vital rolein 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. 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)
The herbal users also indicated some constraints regarding the use of THM. These include:
stomach upsets, bitterness of some herbal medicines, loss of appetite and limited awarenesson legal and institutional framework on THM.

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6. Conclusions
The research team came 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.
• When determining potential options for protection, the goals and interests of knowledge
holders and the community are important to consider. The policy makers could consider
this hierarchy in determining the goals of protecting and promoting traditional herbal
medicine and knowledge. That is; avoiding exploitation of knowledge holders (biopiracy), avoid inappropriate IP claims, dissemination of THMK for public good and profit
benefits to the knowledge holders, community and the country.
• Regardless of the exact type of IP rights protection employed, the end result must always
be aimed toward a balance, that is, to better protect and provide equitable benefit tothe originators of that THMK while serving the broader public health interest. In otherwords, access, development, and distribution must be balanced against equitable benefit
sharing, sustainable development, and conservation.
6.1
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 regulation
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27

of 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 raising awareness,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.
8. Ensure adequate and effective coordination of the institutions responsible for THM
promotion and benefit sharing.
9. Formulate a policy on Access and Benefit Sharing (ABS).
10. Formulate access and benefit sharing policy and complete and approve the draft National
Biotechnology and Biosafety Policy, the draft National Policy on Indigenous Knowledge(IK), the Industrial Property Bill (2001), the Traditional Medicine Bill, and the Guidelines
for regulation of traditional healers or herbal medicine in Uganda.
11. Enforce laws on biodiversity conservation as well as the ABS regulations and related
laws.

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3. Methodology
Study Area
The study area of this research is situated in the upper Blue Nile catchment of Ethiopia.
It is located approximately between coordinate 10033’06’’ to 10050’24’’ North latitude and37042’36’’ to 37058’24’’ East longitude. It covers a total estimated area of 58122.94 hectares
and with the total population of about 132069. Topographically, the area lies in the altitudes
range of 878m to 4000m.a.s.l (Figure 1).
Figure 1: Location of the study area (Source: Choke Mountain Initiative project
document, 2010)

As a result of this the area is characterized by three distinct agro-ecological zones- Dega,
Weynadega, and Kola. According to the traditional classification system, which mainly relies
on altitude and temperature for classification, Ethiopia has five climatic zones (Table 1).
The information which is obtained in Weredas’ Agricultural Offices revealed that the rainfall
amount and temperature of the area ranges from 385 -1300mm, and 10- 26oC respectively.
The area gets monomodal type of rain fall (that is Kirmt rain fall regime). The soil types wereidentified based on their colors (red, brown, black and grey); on the average percentage,
about 60 %, 39 %, 36% and 2.5% are brown, red, black and grey soil respectively. The
cultivated land covers a total area of 34161.93 ha of the area. The major annual crops
cultivated in the catchment are barley, Avena species (Ingedo), wheat, beans, peas, potato,maize, and sorghum. The common domestic animals in the area are cattle, sheep, goats,horses, mules, donkeys, and poultry.
Table 1: Traditional climatic zones and their physical characteristics
Zone

Altitude(meters)

Rainfall(mm/year)

Average temperature(Co)

Wurch(upper highland)

3200 plus

900- 2,200>11.5

Dega(highlands)

2,300- 3,200

900- 1,200

17.1/16.011.5
978-9966-030-73-3

ISBN:

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