Introduction
Africa’s vast and vibrant cultural diversity and history of scientific ingenuity have not only contributed immensely to the fabric of global culture but have also left an indelible mark on the world stage. However, beneath the surface of this rich heritage lies a troubling narrative of theft, exploitation, and misappropriation. Iconic cultural artefacts such as the Benin Bronzes, as well as innovative agricultural and medicinal knowledge from across the continent, have often been extracted without due recognition or equitable compensation to their origins. From the theft of physical artworks to the patenting of traditional knowledge and natural resources, various forms of cultural and intellectual property have been taken from African communities and utilised for profit by entities outside of the continent. This feature explores several poignant examples from across Africa, highlighting the urgent need to protect and preserve Africa’s cultural and scientific legacies. By bringing these issues to light, we aim to underscore the importance of respecting and safeguarding intellectual property rights as a fundamental aspect of supporting sustainable development and ethical global interaction.
African Art and Cultural Artefacts
The looting of African cultural artefacts during colonial times remains a significant issue. One prominent example is the Benin Bronzes, taken during a British-led expedition in 1897. These sculptures, made by the Edo people of Nigeria, are not just artistic masterpieces but also important cultural symbols. Their removal sparked ongoing debates about returning such artefacts and the responsibility of Western museums that hold them.
Many Francophone countries in West Africa have similarly lost valuable cultural items. In Benin, artefacts from the Royal Palaces of Abomey were taken and are now kept in French museums. Côte d’Ivoire lost traditional masks and statues, now displayed in Europe. Mali’s historical manuscripts and traditional statuettes were also removed, which has affected the preservation of its cultural stories. Likewise, Senegal and Guinea saw precious items and traditional masks taken from the Kingdom of Dahomey and the traditional Nimba masks of the Baga people, respectively, which are now in Western museums.
These cases highlight not just the theft of physical items but also the loss of cultural identity. They emphasise the need to rethink international cultural policies and raise questions about who should rightfully care for and own cultural heritage. The goal is to return respect and dignity to the cultures that originally created these treasures.
In a similar vein, the commercial use of the phrase “Hakuna Matata” by Disney, a term coined in the Swahili language spoken in Tanzania and Kenya, highlights another aspect of cultural appropriation. The phrase, which translates to “no worries,” was trademarked by Disney, sparking significant controversy and debates over the rights to cultural expressions. This action by Disney has been criticised as a form of cultural exploitation, where a Western entity profits off a piece of African cultural identity without providing any recognition or economic benefit back to the communities that originated it. Such instances reveal the complexities and challenges of protecting intangible cultural heritage in the global marketplace, emphasising the need for more robust frameworks to recognize and compensate for original cultural contributions.
Traditional Medicine
The exploitation of traditional knowledge extends into the realm of medicine, where indigenous plants like Hoodia gordonii are used by the San people of Southern Africa for their medicinal properties. The patenting of Hoodia by pharmaceutical companies without fair compensation or acknowledgment has led to international legal battles, highlighting the need for frameworks that protect indigenous knowledge. Similarly, the use of the rooibos plant, native to South Africa’s fynbos region, has seen similar disputes over trademark and benefits sharing, eventually leading to a benefit-sharing agreement that stands as a model for ethical bio-prospecting.
Agricultural Innovations
Dr. Bello M. Zakari, a notable agronomist from Nigeria, developed varieties of cowpea that are resistant to pests and diseases, crucial for enhancing food security in sub-Saharan Africa. However, the patenting of these varieties by multinational corporations restricts access for the local farmers who need them most. This pattern is seen in other regions as well; for example, Ethiopian teff, an ancient grain native to Ethiopia and a staple of Ethiopian cuisine, was patented in Europe, which restricted Ethiopian farmers from selling their teff in international markets under their control. These cases underscore the urgent need for policies that protect indigenous resources and ensure that the communities that develop and rely on these agricultural products can continue to access and benefit from them.
Music and Dance
The song “Waka Waka (This Time for Africa),” performed by Shakira for the 2010 FIFA World Cup, drew inspiration from the Cameroonian band Golden Sounds’ 1986 song “Zangalewa.” The use of this tune brought issues of cultural appropriation and proper crediting into focus. Traditional garments like the Kenyan Kikoi and woven baskets like the Kiondo have also faced commercial exploitation without fair compensation to local artisans.
Traditional Knowledge and Wisdom
The indigenous wisdom of Africa’s peoples, such as the Khoisan’s knowledge of the Hoodia plant, exemplifies the rich, invaluable traditional knowledge that has often been exploited without fair compensation or proper acknowledgment. The Hoodia plant, used traditionally by the Khoisan of Southern Africa to suppress appetite on long hunting trips, caught the attention of pharmaceutical companies who patented its use for weight loss without benefiting the indigenous custodians of this knowledge.
This exploitation is not an isolated case. For example, the bark cloth making in Uganda, a centuries-old tradition practised by the Baganda people, has also seen its cultural significance overshadowed by commercial interests. The technique, which involves beating bark from the Mutuba tree into cloth, is recognized by UNESCO as an intangible cultural heritage. Yet, this recognition has not fully shielded the practice from global appropriation and commercial exploitation without adequate benefit to the local communities.
Additionally, examples like the Neem tree, used for centuries in West Africa for its medicinal properties, faced biopiracy when external corporations attempted to patent various medicinal uses of Neem. Similarly, the use of rooibos, a plant native to South Africa renowned for its health benefits, was subject to attempts at trademarking by companies outside of Africa, which would have restricted local farmers from marketing their own rooibos products.
These instances highlight the critical gaps in current intellectual property laws that fail to protect traditional knowledge adequately. There is a pressing need for policies that not only recognize but also protect the rights of indigenous peoples over their ancestral knowledge. Enacting and enforcing such policies would ensure that traditional wisdom is preserved and that the communities originating it are duly recognized and compensated. This approach would not only protect cultural heritage but also promote fairness and equity in the global exchange of knowledge.
Traditional Maasai Beadwork and Shuka Use in Fashion
The intricate beadwork and the distinctive shuka fabric crafted by the Maasai community of Kenya and Tanzania are vibrant expressions of their cultural identity. These elements, embodying rich traditions and deep-rooted social significance, have unfortunately been co-opted by international fashion designers and global retailers. These entities often replicate and sell Maasai-inspired jewelry and garments without proper acknowledgment or fair compensation to the Maasai artisans. Such cultural appropriation not only strips the Maasai community of their heritage but also denies them economic benefits, undermining the livelihoods of the artisans who depend on their crafts. The global use of Maasai motifs dilutes their cultural significance, raising serious concerns about cultural integrity and authenticity preservation.
Coffee Cultivation and Processing
In Ethiopia and Kenya, renowned for producing some of the world’s most cherished coffee varieties, the absence of robust geographical indications (GIs) has often led to a misappropriation of value and recognition. Unlike countries that have successfully implemented GI protections, such as Colombia with its protected designation for Colombian Coffee, or Jamaica with Blue Mountain Coffee, Ethiopian and Kenyan coffee farmers often find themselves at a disadvantage. These protections in Colombia and Jamaica have not only bolstered the global reputation and demand for their coffees but have also ensured that a significant share of the profits returns to the local economies, enhancing community welfare and sustainable development.
In Ethiopia, although steps have been taken to register trademarks for regions like Yirgacheffe, Sidamo, and Harrar, more comprehensive GI registration could further secure the unique identity of Ethiopian coffees, preventing misrepresentation and ensuring farmers receive a fair share of the profits generated by their labor. This is exemplified by the Darjeeling tea GI in India, which has not only protected the uniqueness of the tea but also significantly improved the livelihoods of local tea growers.
The importance of implementing and enforcing geographical indications (GIs) for African products cannot be overstated. As seen in global examples, effective GI systems can protect cultural heritage, improve market positioning, and increase the socio-economic benefits for local producers. For communities like the Maasai and coffee growers in East Africa, establishing GIs could help reclaim control over their cultural and agricultural products, ensuring they are recognized not only for their cultural depth but also for their genuine economic value.
Africa’s rich cultural tapestry and innovative spirit have endured centuries of challenges, yet the narrative of theft and exploitation persists. As we reflect on the myriad examples of appropriation and misappropriation across the continent, one question resounds: do we still not recognize the critical importance of intellectual property for African innovators?
The Global Innovation Index provides a stark reminder of Africa’s position in the global innovation landscape. Despite the continent’s immense potential and burgeoning creativity, African countries often lag behind in innovation rankings. This disparity underscores the urgency of protecting and promoting Africa’s intellectual property rights to foster a conducive environment for innovation and creativity to thrive.
As we strive to confront the challenges of theft and exploitation, let us not forget the immense value of intellectual property for African innovators. By safeguarding Africa’s cultural heritage, traditional knowledge, and technological innovations, we can pave the way for a brighter future where African creativity is celebrated, respected, and empowered to shape the world.
Together, let us champion the cause of intellectual property rights and ensure that Africa’s innovators receive the recognition, protection, and support they deserve on the global stage. Only then can we unleash the full potential of African innovation and creativity for the benefit of all.
BY WANGECHI WAHOME
CEO ANZA VILLAGE.
