Towards a Regional Policy and Legal Instrument for the Protection of Indigenous Knowledge Systems in Southern Africa

Abstract

This study was conceived as a result of growing frustration at the slow pace of development for a harmonised policy and legal instrument for the protection of IKS in SADC. The problems related to the protection of IKS will remain unless there is a clear policy and legal basis to address it. SADC consists of 15 countries whose main mandate is to harmonise their social, political and economic policies for the benefit of the citizens of Southern Africa. This chapter argues that the exercise of harmonisation is long overdue. Member states like South Africa have proven that if there is political will on the part of member states, the protection of IKS is possible through the development of relevant policies and legal instruments. This study was done through a desktop analysis of Treaty provisions, policy documents and country specific legislation. The main findings of the study indicated that the lack of protection of IKS is a major challenge that requires a regional approach. These findings led to the proposition for an urgent harmonised regional approach to the protection of IKS in SADC.