Protection of traditional knowledge in Uganda

There was a three decade gap and then they were re-instated in 1993 as symbols of history and mandated to promote people’s cultural heritage.However, most of these institutions to date have not moved beyond superficial mobilization to visible programmes that incarnate and build on people’s traditional knowledge. They are more often constrained by lack of funding and lured by political expediency.We note that despite weaknesses and limitations, there are some emerging programmes in some kingdoms that build on, and promote traditional knowledge; examples are the Burungi Bwansi, Senga and Ekisakate programmes byBuganda Kingdom.In Uganda there are some traditionalists and development workers who have organized themselves in regional and national associations to safeguard and promote some form of traditional knowledge.

These include;

  • The traditional herbalists who organized themselves into BugandaNedaggala lyaayo
  • Performers of traditional dances and folklore who organized into Uganda Development Theatre Association (UDTA).
  • The community and private museum operators who have organized themselves into the Uganda Community Museums Association (UCMA)
  • Promoters of indigenous languages who have organized as Society for Advancement of Ugandan Languages (SAUL).

According to the mapping exercise done in 2007 by Cross Cultural Foundation of Uganda (CCFU), 23 organizations and projects in the country were using indigenous or traditional knowledge in development interventions in different socio-economic areas. One example of such project is Engabu Za Tooro inWestern Uganda which creatively uses an indigenous tradition of an ancient Tooro heroine – Koogere – to promote women participation in development.CCFU went ahead to network such initiatives for information exchange and capacity building. However, these efforts need to be consolidated and coordinated by networks to build a shared vision and a voice.

The threat of extinction of forms of traditional knowledge

Some aspects of traditional knowledge and folklore are facing threats of extinction. Many unique forms of traditional knowledge of minority communities with rich cultural diversity are endangered. Such forms include folklore and indigenous languages.The threat, in the first place, is caused by the failure of some forms of traditional knowledge to adapt to the changing environment.

This is actually the failure of the owners of the traditional knowledge to re-invent it so that it remains relevant in the changing circumstances. Duncan Smallman Edinburg argues that “a language survives only when it changes with the times.” Of course language is the custody of people’s traditional knowledge.The second source of threat is the sophiscated modern communication technology. How do oral forms survive and remain valid in a high tech world in which communication is effected through email and cell phones?The third source of threat comes from the mighty of imported forms of entertainment.

Uganda like many other developing countries is often a dumping ground for a lot of undesirable forms of entertainment mainly from the West. These are packaged to be attractive especially to the youth. They eventually dominate the industry and the space, displacing traditional expression which is often not repackaged to be equally attractive.

The fourth source of threat is emerging beliefs and values that condemn some forms of traditional knowledge one by one. Many of these beliefs originate from, or are influenced by the colonial euro-centric mentality which used to blindly condemn anything indigenous and African as primitive and undesirable. So in most cases the judgment and condemnation of some forms of traditional knowledge, by the adherents of such beliefs and values, is subjective and based on prejudices.

In western Uganda, there is a religious sect which emerged only a few years back and it has condemned the local tradition and practice of pet names. It considers such, as satanic and calls their followers to condemn them. The pet name tradition is very rich and unique traditional heritage that is known to be found among only three communities in the whole world.The law against witchcraft in Uganda which was drafted by foreign experts condemns some important aspects of people’s traditional heritage.The response of the population about the threat of extinction of traditional knowledge has ranged from indifference to despair.

Intellectual Property rights laws in Uganda

It is important to note the different components of intellectual property rights and how they are covered by Ugandan legal system. The intellectual property rights components include; patent, copyrights, trade marks, designs, geographical indicators, integrated circuits and plant variety.Uganda has patent (Amendment) Act 2002 for patentcopyright and Neighboring Rights Act, 2006 for copyright, the Trade Mark Act cap 217 laws of Uganda for trade mark(Chapter 218, protection), laws of Uganda 1937 for industrial designs and draft plant variety protection bill which is presented before parliament.Uganda has no any law covering geographical indication and integrated circuits.

Uganda is a member of the following international instruments; ARIPQ, PCT and WTO.Uganda is not yet a member of Berne, Budapest, Madrid protocol, Strasburg UPOV and Paris Convention.The government policy support to develop traditional knowledge has included;

  • Restoration of cultural institutions. However a question mark remains because they are disempowered to take on their natural and constitutional roles.·
  • Setting up the Uganda national policy on culture which is facing a challenge of implementation due to lack of political will and budgetary support.
  • The policy on use of vernacular language at lower level of instruction (lower primary school level).
  • The development of the draft policy on traditional and complementary medicine.
  • Creation of a policy environment that allows the private investment in traditional knowledge and cultural sector.
  • At the same time, this support is inadequate;   The whole of culture sector has only 0.03 percent of the Uganda national budget·        Culture is only a sub-department in the ministry of Gender, Labor and Social Development·
  • Uganda has no national council on Arts and culture for policy support to the sector·
  • Government has not invested in culture and heritage. There is only one national museum and national theatre built in the colonial era in the Capital City of Kampala.
  • The relevant international conventions like the 2005 UNESCO Convention on protection and promotion of diversity of cultural expression isn’t ratified.

This situation reflects government’s limited appreciation of the role traditional knowledge and heritage can play in national development. This also shows that the sectors itself is not organized and developed enough to package serious demands on the policy agenda and engage government…see page 3 below

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