ACCESS AND BENEFIT-SHARING TOOLKIT

The Access and Benefit-sharing (ABS) Toolkit is a resource for community members and traditional leaders in Southern Africa to manage the use of their biological resources and Traditional Knowledge by external users. It explains the ABS process, where providers (communities) and users (industry or researchers) negotiate terms for access and the sharing of monetary or non-monetary benefits. The document emphasizes the use of Biocultural Community Protocols (BCPs) to establish community rules and identity, and details the requirement for Free, Prior and Informed Consent (FPIC). It outlines the legal frameworks governing these processes, including the international Nagoya Protocol and South Africa's National Environmental Management: Biodiversity Act of 2004 (NEMBA). The toolkit also addresses intellectual property rights, conservation strategies, and the specific case of the Buchu plant in South Africa.

• Access and Benefit-sharing (ABS) is a process where communities (providers) and external entities like companies or researchers (users) negotiate access to genetic resources and Traditional Knowledge in exchange for fair and equitable benefits, which can be monetary (profits, royalties) or non-monetary (research skills).
• Biocultural Community Protocols (BCPs) serve as a tool for communities to document their identity, customary laws, and rules for engagement with outsiders, helping them assert their rights and prepare for ABS negotiations.
• Free, Prior and Informed Consent (FPIC) is a mandatory requirement for users seeking access to resources or knowledge; it must be given without coercion, before the activity begins, 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 (BABS) Amendment Regulations of 2015 regulate the exploration of biodiversity and require permits for bioprospecting and the export of Indigenous Biological Resources.
• The Nagoya Protocol is a legally binding international agreement that requires signatory countries, including South Africa, to recognize customary laws and community protocols to ensure transparency and legal certainty in the transfer of genetic resources.
• Intellectual Property (IP) rights, such as patents and trademarks, can be used to protect Traditional Knowledge, but documenting this knowledge for IP protection risks placing it in the public domain and increasing the threat of biopiracy.
• Buchu (Agathosma betulina and Agathosma crenulata) is an aromatic shrub endemic to South Africa, valued for medicinal properties and historically used by the Khoi and San peoples, though its commercial cultivation has primarily benefited large-scale commercial operations.
• ABS processes can provide benefits beyond money, including the recognition of Indigenous status, the revitalization of Traditional Knowledge, and the strengthening of community organization and governance.
• Traditional Knowledge is categorized into six aspects: spiritual, subsistence, economic, traditional secret, medicinal, and historic.

APA

Natural Justice (n.d.). ACCESS AND BENEFIT-SHARING TOOLKIT. https://naturaljustice.org/wp-content/uploads/2021/09/ABS-toolkit_BUCHU_mailer-1.pdf

Chicago

Natural Justice. ACCESS AND BENEFIT-SHARING TOOLKIT. n.d. https://naturaljustice.org/wp-content/uploads/2021/09/ABS-toolkit_BUCHU_mailer-1.pdf.

Wikipedia

{{cite report |author=Natural Justice |title=ACCESS AND BENEFIT-SHARING TOOLKIT |url=https://naturaljustice.org/wp-content/uploads/2021/09/ABS-toolkit_BUCHU_mailer-1.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{naturaljusticendaccess, author = {{Natural Justice}}, title = {{ACCESS AND BENEFIT-SHARING TOOLKIT}}, institution = {Natural Justice}, url = {https://naturaljustice.org/wp-content/uploads/2021/09/ABS-toolkit_BUCHU_mailer-1.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }