THE KHOIKHOI PEOPLES’ ROOIBOS BIOCULTURAL COMMUNITY PROTOCOL

The Khoikhoi Peoples’ Rooibos Biocultural Community Protocol is a guide developed by the National Khoisan Council (NKC) to protect the traditional knowledge (TK) of the Khoikhoi people regarding Rooibos. It documents the historical dispossession of the Khoikhoi under colonialism and apartheid, asserts their status as original knowledge holders, and outlines the legal and procedural frameworks for obtaining Free, Prior and Informed Consent (FPIC) for the use of their biocultural heritage. The document details a benefit-sharing model involving a trust and a traditional knowledge levy to provide restitution for past misappropriation.

• The Khoikhoi and San peoples are the original traditional knowledge holders of Rooibos (Aspalathus linearis), a claim officially confirmed by a 2014 study commissioned by the South African Department of Environment, Forestry and Fisheries.
• The Khoikhoi have suffered over 300 years of systematic oppression, including land dispossession starting in 1652, genocide, slavery, and forced classification as "Coloured" under Apartheid, which severed connections to customary resources.
• The Khoikhoi's traditional knowledge of Rooibos was misappropriated over 200 years ago, leading to a multi-million rand industry that commercialised the plant without the consent of or benefits for the knowledge holders.
• A landmark biopiracy case in 2010 involving Nestlé's attempt to patent Rooibos and Honeybush products served as a catalyst for the Khoikhoi and San to seek formal recognition and benefit-sharing agreements.
• The National Khoisan Council (NKC) represents five historical groupings: the San, Griqua, Nama, Cape Khoi, and Koranna, and acts as the negotiating body for their constitutional interests and ABS agreements.
• Indigenous farming communities in the Cederberg belt—specifically Wupperthal, Nieuwoudtville, and Suid Bokkeveld—are recognized as specific beneficiaries and stewards of the Rooibos resource.
• The benefit-sharing model for Rooibos includes an annual levy of 1.5 percent of the farm gate price, estimated at R12 million per year, paid by processors into trust accounts.
• Funds from the Rooibos industry are distributed on a 50/50 basis between the San and Khoikhoi communities, with the Khoikhoi portion managed by the Khoikhoi Peoples Rooibos & Biodiversity Trust.
• The BCP mandates that any external party seeking access to Khoikhoi traditional knowledge must obtain Free, Prior and Informed Consent (FPIC) through the NKC, following a process that is voluntary, sought in advance, and based on full disclosure.
• The Khoikhoi propose a principle of co-ownership or royalties for any Intellectual Property Rights (IPR) derived from their traditional knowledge, emphasizing collective rather than individual rights.

APA

Natural Justice (2019). THE KHOIKHOI PEOPLES’ ROOIBOS BIOCULTURAL COMMUNITY PROTOCOL. https://naturaljustice.org/wp-content/uploads/2020/04/NJ-Rooibos-BCP-Web.pdf

Chicago

Natural Justice. THE KHOIKHOI PEOPLES’ ROOIBOS BIOCULTURAL COMMUNITY PROTOCOL. 2019. https://naturaljustice.org/wp-content/uploads/2020/04/NJ-Rooibos-BCP-Web.pdf.

Wikipedia

{{cite report |author=Natural Justice |title=THE KHOIKHOI PEOPLES’ ROOIBOS BIOCULTURAL COMMUNITY PROTOCOL |date=2019 |url=https://naturaljustice.org/wp-content/uploads/2020/04/NJ-Rooibos-BCP-Web.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{naturaljustice2019khoikhoi, author = {{Natural Justice}}, title = {{THE KHOIKHOI PEOPLES’ ROOIBOS BIOCULTURAL COMMUNITY PROTOCOL}}, institution = {Natural Justice}, year = {2019}, url = {https://naturaljustice.org/wp-content/uploads/2020/04/NJ-Rooibos-BCP-Web.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }