23428 0 Health: Indigenous Knowledge, Equitable Benefits by Katy Moran S ince the Convention on Biological predators, and temperate plants flour- Diversity (CBD) was introduced in ish in the spring before predator popu- Rio (June 1992), we have learned lations increase. But since tropical much from describing the new relation- species have minimal seasonal respite ships that the CBD catalyzed. from predators, many have evolved Biodiversity-rich countries, indigenous chemical protection from countless cultures with their knowledge of the predators. The plant chemicals that use of bioresources as medicines and have evolved to increase plant resis- companies that seek to discover new tance against bacteria and other infec- therapeutics through medicinal plants tious organisms of tropical plants may and traditional knowledge now share also provide protection and be thera- common interests. The value of plants peutically useful for human health, To- for medicines is more widely recog- day, one-fourth of our drugs are based nized and the "intellectual property on, or derived from, plants. In lesser rights" (IPR) connected with their use developed countries, eighty percent of have been debated worldwide. Indeed, the population depend on plants for IPR have become a metaphor to de- their primary health care. scribe indigenous ownership of tradi- tional knowledge also, generating op- Countries tions for contractual mechanisms to Most biodiversity-rich countries are lo- ensure benefits return to source cul- cated in the tropics of the South, but tures and countries (Mays, et al., technology-rich countries, with re- 1997). But, as time passes, the extinc- sources to sustainably develop tion rate of species and cultures con- biodiversity, are primarily in the tem- tinues to accelerate and human health perate North. Before the CBD codified further deteriorates from diseases for the sovereignty of nations over their which no cures yet exist. How can we biodiversity, it was considered "the apply CBD lessons and more quickly common heritage of mankind." Free move on to methods to implement it? access to biotic resources was available Can countries facilitate access and en- to all, with minimal legalized proce- No. 15 courage research and investment by dures to return benefits from commer- December 1999 companies, which, in turn, provide countries and cultures with a fair bar- gain from products that are commer- cialized? Have any case studies IK Notes reports periodically on Indig- emergd tha demostrat this and enous Knowledge (1K) initiatives in emerged that demonstrate this, and Sub-Saharan Africa. It is published by what questions still need answers? the Africa Region's Knowledge and Learning Center as part of an evolving Plants as medicines IK partnership between the World The [PR debate illuminates the vitality Bank, communities, NGOs, develop- of biodiversity for human health. From ment institutions and multilateral orga- ancient to modern times, plants have nizations. The views expressed in this been the cornerstone of pharmacy. article are those of the authors and Species from tropical countries are should not be attributed to the World valuable for the richness of their bio Bank Group or its partners in this ini- 4\s>X 0* tiative. A webpage on IK is available at logical and chemical diversity, due, in http://www.worldbank.org/aftdr/ik/ part, to climatic conditions. In temper- default.htm ate climates, winter kills many plant 2 cialized products to source countries. The CBD now attempts fore any product generates any revenues. To raise this huge to balance how all interest groups involved can gain from the amount of money to fund drug research and development (R sustainable use of biodiversity and its components. Northern & D), companies depend on venture capital, stock offerings, countries can access the biodiversity of Southern countries partnerships and the like - investments by outsiders into a by sharing technology and benefits that arise from its com- company's high-risk, but high-gain ventures. Investors range mercial use. It is the responsibility of each CBD Contracting from individuals to organizations and their investments are Party, 169 nations to date, to devise a national biodiversity secured by patents. Patents provide intellectual property pro- policy to document how this will work in their country, in- tection for the invention of the company, enabling investors cluding a legal framework to implement it. India's state- to regain the funds they risked for R & D, if and when a prod- funded Council of Scientific and Industrial Research, for ex- uct is commercialized. It is unlikely that any company or any ample, has recently embarked on a patent program to pro- investor will risk capital to discover or develop a drug unless tect its accumulated knowledge of herbal medicines. their investment is protected from competing companies by a patent. Companies Since the CBD was introduced, a pharmaceutical product Cultures from tropical countries using traditional knowledge has yet Seventy-four percent of the main 121 plant derived drugs to be commercialized. Economic profits have yet to be real- have the same, or similar, use by native cultures. Rather than ized. Drug development generally requires expensive and randomly collecting and screening plants, it is a more effi- time consuming studies to secure government regulatory ap- cient strategy for some companies to use indigenous knowl- proval before any drug may be marketed. In the US, a product edge as a lead to pinpoint promising plants for new medi- typically takes from 10-15 years to materialize, after an in- cines. But few strategies directly address how indigenous vestment of over $300 million by the company and investors knowledge can be accessed and equitable benefits can be dis- who take the financial risk to develop, test and market a new tributed in a culturally sensitive manner that sustains the so- drug. For a new company, infrastructure such as buildings, cial systems that nurtured it. The difference between a mar- equipment and research scientists' salaries must be paid be- ket economy, based on individual ownership, and a commu- nal economy, which typically shares its biological and cul- tural resources internally, means the culture group as a whole must benefit. Even fewer indigenous groups have been I K N o tes included in national discussions on these issues, or on inter- pretation and implementation of the CBD in their countries. would be of interest to: A case study: Nigeria Name In practice, a case study of how countries, companies and cul- tures can cooperate is that of Shaman Pharmaceuticals, Inc. Institution in Nigeria. According to physician, Tom Carlson, Senior Di- rector of Ethnobiomedical Field Research at Shaman, "In Address this West African country, rich in both biological and cultural diversity, indigenous medicinal systems thrive along with Western medical facilities. In 1995, the Nigerian government officially integrated traditional healers into the state-run na- tional health service as health care providers and today, two- thirds of the health care practitioners are traditional healers of one sort or another" (Carlson et al., 1997). Professor Maurice lwu-a scientist and Director of the Bioresources Development and Conservation Programme (BDCP), a Nigerian NGO-explains, "the BDCP was orga- nized in 1991 as a focal point for collaborative research rela- tionships that build technical skills in Nigeria so _ -a3 * * * * bioresources are a viable vehicle for sustainable development. -- = E = ; _Improved skills generate pharmaceutical leads that target therapeutic categories for tropical diseases suffered in Nige- ria such as malaria, leishmaniasis, and trypanosomiasis (Iwu, 1996)." 3 Shaman Pharmaceuticals, Inc. over US$200,000 (two hundred thousand dollars) have been Shaman Pharmaceuticals, Inc. entered this setting in 1990 distributed through programs to the various stakeholders in and, through the BDCP, established a research relationship the collaboration as the expeditions occur." with Nigerian scientific institutions, village communities, lwu added, "The company reports laboratory results back and traditional healers and their organizations. The small to participating communities regularly. General literature is California-based company began operations focusing on the published on medicinal plants from Nigeria, supplying public discovery and development of novel pharmaceuticals from recognition of the benefits of traditional knowledge from Ni- plants with a history of native use. Lisa Conte, President and geria to society and human health. founder of the company describes it, "As implied by its name, Shaman uses the science of ethnobotany, as well as isolation Long-term benefits and natural products chemistry, medicine and pharmacology After a product is commercialized, Shaman will donate a per- to create a more efficient drug discovery process. At the time centage of profits back to Nigeria and all other company col- of its incorporation as a for-profit corporation, Shaman also laborators through the Healing Forest Conservancy (the Con- founded the Healing Forest Conservancy, a non-profit founda- servancy) for as long as Shaman has a profit. The Conser- tion established specifically to develop and implement a pro- vancy will distribute these benefits, equally, to all the coun- cess to return benefits to Shaman's collaborating countries tries and cultures that are Shaman collaborators, regardless and cultures after a product is commercialized." Although of where the plant sample or traditional knowledge that was the young company has not yet marketed a product, the use commercialized originated. In a financially unpredictable in- of ethnobotanical leads brought potential products to clini- dustry such as this, spreading the benefits and risks among cal trials within a record time frame (King, et al., 1996). all Shaman collaborators increases opportunities for com- pensation (Moran, 1997). Immediate and medium-term benefits distributed in Nigeria Shaman and the Conservancy fol low the CBD principle that lwu and another Nigerian scientist, Cosmos Obialor, pro- when local custodians of biodiversity benefit from the sus- posed initial discussions with healers and traditional leaders tainable use of their medicinal plants by others, conservation to talk about a collaborative relationship with Shaman well opportunities are increased. To resist pressure from other before the CBD was introduced in Rio in 1992. "We visited economic interests that may have adverse impacts on communities where we had worked for several years already," biodiversity, benefits to conserve it must be available at the said lwu, "including the villages where Obialor and I were local level. However, the absence of applicable models leaves born. Typically, each community, or village state, is autono- this precept largely untested. To test the feasibility of using rnous with its own chief and government. Their community trust agreements as a vehicle for benefit sharing, the Conser- decision-making process includes the village chief, his advi- vancy donated $40,000 (forty thousand dollars) to a trust sors, traditional healers and the elders," Iwu added. After fund in Nigeria for a pilot project. lengthy discussions, the groups felt that Shaman shared a The Fund for Integrated Rural Development and Tradi- common purpose with them consistent with their cultural tional Medicine (FIRD-TM), an independent trust fund, was values concerning human health. Out of these and other established by the BDCP as the financial mechanism for sus- early discussions, the prior informed consent and compensa- tainable development of rural areas and to distribute benefits tion policies of the company were formulated. Prior informed among Nigerian stakeholders. The board is balanced to re- consent discussions covered topics such as the intentions flect these interest groups, composed of leaders of traditional and goals of the project; how and where the plants would be healers' associations, senior government officials, represen- analyzed; their potential for commercialization and benefit- tatives of village councils from various ethnic groups and sharing, technical experts from scientific institutions. Chairman of "Since then, four ethnobotanical field expeditions have the Board of Management of the Fund, His Royal Highness been conducted," said Steven King, Senior Vice-president for Eze E. Njemanze of Owerri, is a highly respected traditional Ethnobotany and Conservation at Shaman. "By choice of Ni- ruler. The predominance of traditional solidarity systems, gerian collaborators, benefits have taken the form of work- such as tribal associations and professional guilds of healers shops and training programs on public health, botany, con- supplies a social structure to ensure community participa- servation and ethnobotany; support for a medicinal plant re- tion. Diverse culture groups in Nigeria will receive funds serve; supplies for village schools; botanical collection sup- through traditional healers' organizations and villages con- plies for a herbarium; laboratory equipment for scientific re- sistent with their governing customs. Town associations, vil- search on plants that treat parasitic diseases prevalent in lage heads and professional guilds of healers are empowered West Africa and support for Nigerian scientists to apply mod- to make decisions regarding projects in their localities. ern analytical techniques. Fulfilling company policy, immedi- Those funded will follow the criteria of promoting conserva- ate and medium term benefits, such as those above, totaling tion of biodiversity and drug development, as well as the so- 4 cioeconomic well-being of rural cultures. At the local level, an excuse to exclude indigenous groups from the sustainable technical skills gained from benefit-sharing help standardize use of biodiversity, for this is their, and only their, decision to and promote phytomedicines, disseminating and sharing in- make, and not non-indigenous NGOs, as it is often the case, formation that benefits traditional healers and the health of who claim to represent indigenous views in deciding these the communities they serve. matters. Inauguration of the FIRD-TM was announced in Abuja, Ni- * Article 8 (j) is the CBD section that addresses maintenance geria, on September 30, 1997, during an international work- and respect for indigenous knowledge. But it offers only weak shop on medicinal plants attended by five Nigerian ministers protection for culture groups and subordinates CBD obliga- and several heads of Nigerian government agencies, includ- tions to national legislation. Legally, it is the Contracting Par- ing the Director General of the Federal Environmental Pro- ties of the CBD, not companies' policies, that hold sovereign tection Agency. The Honorable Minister of the Federal Capi- authority to decide if and how the sustainable development of tal Territory of Abuja stated, '...the skills of the traditional biodiversity will be accomplished within their borders. The medical practitioners who are also the custodians of our na- political climate of States under which indigenous groups live tive medical culture are now being accorded the right place is critical to its success. Since indigenous groups are huge in society.' stakeholders in the issues put forth under the CBD, they The trust fund concept offers the added value of attracting must be included in their national discussions on interpret- and managing sources of financing from other NGOs, founda- ing and implementing the CBD. To ensure continuation of tions or companies interested in contributing to a stable their cultural systems, they must fully participate and advo- fund. When the Conservancy donation was announced, the cate for themselves and their own interests. If States are to be Association of Indigenous Pharmaceutical Manufacturers effective at conserving the worlds' species, their strategies and the Orange Drug Company of Nigeria pledged additional must be built up through participation by the custodians of monies to complement the donation. Next year, the project biodiversity, not imposed from the capital down. will be evaluated and used to guide the Conservancy in devel- a The affiliation of indigenous peoples with traditional terri- oping a template trust fund process for use by all Shaman tories sanctions and governs their ecological practices. Legal collaborators, other companies and foundations. recognition of territorial rights by governments provides au- thority for indigenous groups to deny or permit outsiders ac- Remaining issues cess to them - the first step in biodiversity conservation The case study of Shaman in Nigeria offers an example of how through traditional land and resource management. But this countries, culture groups and companies can cooperate for priority issue was given only minimal attention at a recent the benefit of all stakeholders to sustainably develop CBD workshop in Madrid attended by both governments and biodiversity for human health. It is but one of the ways to indigenous groups. A lost opportunity, many stated. Others accomplish the goals of the CBD and each participant should saw the meeting as a first step where progressive prescrip- continue to seek, identify and prescribe new techniques and tions for biodiversity conservation through territorial rights, paradigms that are best suited for conditions in each situa- such as Act No. 8371, a recent federal statute in the Philip- tion. The countries, cultures and companies involved are so pines, could be announced. It remains to be seen in the next diverse that actions can be effective only by addressing them forum whether biodiversity conservation through territorial in their unique cultural, economic and environmental con- rights will again be subsumed by competing agendas texts. The following issues have yet to be resolved. (Burgiel, et al., 1997). * Accurate information is essential. It is incumbent upon all * Nigeria offered a strategic alliance for Shaman, with intact CBD stakeholders to develop a clear understanding of exactly institutional capacities, particularly at the village level. These what IPR are and what they are not. They are not a surrogate autonomous systems, with their own chiefs and functioning legal right for land and human rights and frustrations arise governments, chose to use their traditional knowledge in the from attempting to use IPR in ways not originally intended. outside world to reach goals that they, as a group, decided What will succeed is for countries, cultures and companies to were important to them. Different indigenous groups hold share their experiences cooperatively, since no single para- different beliefs about entrepreneurship and have different digm will work for all. The conservation and sustainable de- visions of what is a market. These differences should never be velopment of biodiversity require a diversity of approaches. This article is a slightly modified version of the article entitled Moving On: Less Description, More Prescription for Human Health by Katy Moran, in Ecoforum, Journal of the Environment Liaison Center International, Vol. 21, No. 4, January 1998. For more information on this subject, please contact Katy Moran, Executive Director The Healing Forest Conservancy 3521 S Street, NW- Washington, DC 20007