ACCESS AND BENEFIT-SHARING TOOLKIT

The Access and Benefit-sharing (ABS) Toolkit is a guide for Indigenous Peoples and Local Communities in Southern Africa to navigate the legal and practical aspects of sharing genetic resources and Traditional Knowledge. It explains the ABS process, the role of Biocultural Community Protocols (BCPs) in asserting rights, and the requirements for Free, Prior and Informed Consent (FPIC). The document details the South African legal framework, including the National Environmental Management: Biodiversity Act of 2004 (NEMBA) and the BABS Regulations, while highlighting the importance of sustainable stewardship and the risks of biopiracy.

• Access and Benefit-sharing (ABS) is a process where providers (communities or individuals) and users (industry or researchers) negotiate access to natural/genetic resources and associated Traditional Knowledge in exchange for monetary or non-monetary benefits.
• Biocultural Community Protocols (BCPs) serve as tools for communities to define their identity, customary rules, and the conditions under which they grant consent to outsiders, helping to bridge the gap between customary law and national/international frameworks.
• Free, Prior and Informed Consent (FPIC) is a mandatory requirement in ABS, meaning consent must be given without coercion, before the resource is used, and with a full understanding of the user's intentions.
• In South Africa, the National Environmental Management: Biodiversity Act of 2004 (NEMBA) and the Bioprospecting, Access and Benefit Sharing Amendment Regulations of 2015 (BABS Regulations) regulate the use of Indigenous Biological Resources (IBR).
• The South African permitting system distinguishes between a 'discovery phase' of bioprospecting, which requires only a notification to the Minister, and a 'commercialisation phase', which requires a formal permit.
• Traditional Knowledge is categorized into six aspects: spiritual, subsistence, economic, traditional secret, medicinal, and historic.
• Aloe ferox is a commercially significant medicinal plant in South Africa, used by the Khoi and San, Xhosa traditional healers, and tapping co-operatives; it is protected under Annexure II of CITES to ensure sustainable trade.
• Biopiracy occurs when external users patent Traditional Knowledge without the free, prior and informed consent of the holding community.
• ABS agreements can provide benefits beyond money, including the recognition of indigenous status, the revitalization of Traditional Knowledge, and the development of community livelihoods through job creation.
• Climate change, land dispossession, and overharvesting are identified as significant threats to the survival of biological resources and the preservation of Traditional Knowledge.

APA

Heyns, A., Mzwakali, S., Martens, C., Rahman, F., & Rufetu, R. (n.d.). ACCESS AND BENEFIT-SHARING TOOLKIT. Natural Justice. https://naturaljustice.org/wp-content/uploads/2021/09/ABS-toolkit_ALOE-FEROX_mailer-1.pdf

Chicago

Heyns, Amelia, Sobantu Mzwakali, Claire Martens, Farzana Rahman, and Rudogwashe Rufetu. ACCESS AND BENEFIT-SHARING TOOLKIT. Natural Justice, n.d. https://naturaljustice.org/wp-content/uploads/2021/09/ABS-toolkit_ALOE-FEROX_mailer-1.pdf.

Wikipedia

{{cite report |last1=Heyns |first1=Amelia |last2=Mzwakali |first2=Sobantu |last3=Martens |first3=Claire |last4=Rahman |first4=Farzana |last5=Rufetu |first5=Rudogwashe |title=ACCESS AND BENEFIT-SHARING TOOLKIT |publisher=Natural Justice |url=https://naturaljustice.org/wp-content/uploads/2021/09/ABS-toolkit_ALOE-FEROX_mailer-1.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{heynsndaccess, author = {Heyns, Amelia and Mzwakali, Sobantu and Martens, Claire and Rahman, Farzana and Rufetu, Rudogwashe}, title = {{ACCESS AND BENEFIT-SHARING TOOLKIT}}, institution = {Natural Justice}, url = {https://naturaljustice.org/wp-content/uploads/2021/09/ABS-toolkit_ALOE-FEROX_mailer-1.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }