Importance of Protecting Traditional Knowledge (TK) in Uganda’s social-economic development

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OPINION

By Hilda Wamono

Imagine “e tyangi”, an eastern Uganda herb used to heal pain after circumcision passed down for generations, patented by a bio-pharmaceutical company as a painkiller without the consent or benefit of Bamaasaba TK rights holders from eastern Uganda. This is the risk facing Uganda’s traditional knowledge, a vital asset we must protect.

TK is an important aspect in Uganda’s cultural heritage, passed down through generations and deeply rooted in Uganda’s history. However, the increasing threat to its existence through exploitation and misappropriation poses a serious risk to its preservation. As Uganda develops, it is important to protect and promote TK, known to Uganda’s indigenous communities for the benefit of its people and preservation of cultural identity.

TK encompassing skills, practices and innovations of indigenous communities in Uganda is shared through traditional and customary cultural practices like the Baganda’s bark-cloth crafting, the Bagisu’s “malewa” dish, or the use of “lweza” herbs for healing, luck by the Baganda and “kumukombe” for sexual vitality among the Bagisu.

These practices are not for passing time. They hold immense medicinal, spiritual and cultural value for our lives and future generations.

Traditional Knowledge refers to the know-how, innovations and practices developed and passed down within local indigenous communities. It manifests in agriculture, e.g. traditional crop varieties, medicine, e.g. healers’ remedies and cultural expressions, e.g. Kadongo Kamu music. Protecting TK ensures its survival and benefits Uganda’s socio-economic growth.

Uganda’s Intellectual Property framework is ill-equipped to safeguard TK. The Copyright and Neighbouring Rights Act protects scientific, folklore and artistic works but lacks provisions for collective community ownership or non-artistic TK such as medicinal knowledge.  

Additionally, the Industrial Property Act 2014 does not address patents resulting from genetic resources, and the Geographical Indications Act cannot be relied on to totally address intangible TK, as it mainly looks at products from a specific location.

 As a result, Uganda relies on conventions like the Swakopmund Protocol, which promotes fair treatment of Africa’s cultural heritage and the WIPO Treaty on Intellectual Property, Genetic Resources and Traditional Knowledge signed by Hon. Robert Mao in 2024. However, these require domestication to address Uganda’s unique challenges.

Protecting TK is crucial for Uganda’s development for several reasons:

Tourism Appeal: TK, like circumcision rituals or traditional dishes, draws tourists, enriching Uganda’s cultural tourism sector.

Cultural Preservation: Practices like the Bagisu’s use of “etyangi” herb during circumcision preserve customs and identity.

Economic Potential: TK, such as shea butter production, generates revenue for communities, especially women’s cooperatives.

Heritage Continuity: Safeguarding TK ensures traditions endure, as seen in resilient cultures globally.

While the importance of Traditional Knowledge in Uganda's development is clear, its protection faces significant challenges that must be addressed to ensure its preservation and benefits for future generations

Challenges faced in the protection and preservation of TK:

Lack of Awareness: Many Ugandans influenced by modern practices undervalue TK. It’s barely taught in schools, and rights holders are unaware of protection mechanisms. This erodes TK among Ugandans.

Weak Legal Framework: Beyond limited provisions in the Copyright Act, Uganda lacks a specific law tailored for TK, leaving it vulnerable due to weak enforcement mechanisms.

Cultural Misappropriation: Foreign entities or individuals are using Ugandan TK, like traditional designs and recipes, without consent and with poor enforcement methods.

Biopiracy Risks: Pharmaceutical companies could exploit TK such as “e tyangi” and shea butter’s medicinal properties, without benefiting communities.

To address these challenges, stakeholders must act:

Develop TK-specific laws and policies: Uganda needs a dedicated law to address local TK complexities.

Encourage Record-Keeping: Communities should document TK, like dish recipes. Names of herbal medicines, processes of healing, among others, are to be preserved and protected.

Preserve TK Authenticity: Respect genetic resources and traditional practices, allowing innovation without altering their essence.

Raise Awareness: Integrate TK into school curricula and launch advocacy campaigns to educate youth and rights holders on its value and protection.

In conclusion, by protecting traditional knowledge, Uganda can safeguard its traditional heritage, ensuring future generations benefit from the wisdom of their ancestors. Let us act now to secure this invaluable legacy and promote Uganda’s social-economic development.

 (Lawyer)