BCP OF ABORIGINAL XAM 1

THE ABORIGINAL |XAM NATION OF SOUTHERN AFRICA THE NATIONAL HOUSE OF |XAM NATION ABORIGINAL AUTHORITY OF INDIGENOUS TRIBES BIO-|XAM NATION PROCOL We the Aboriginal |Xam Nation of Southern Africa have established our own National House of |Xam Nation since before 2015 and have worked closely gathering all the |Xam Bushmen tribes and there leadership together. In 2020 we gather in the Hawequa-|Xam Territory on the Tortoise Mountain in an Ancient Ceremonial Place we call “The Place of Birth” in Paarl, Cape Winelands, Western Cape. By the beginning the, human communities had lived in Southern Africa by hunting, fishing, and collecting edible plants for many thousands of years. Early Inhabitants of South Africa, termed by Europeans Bushmen, by Hottentots Sana, by Bantu of the eastern coast Abatwa, of the western COAST OVATWA, OF THE INTERIOR BAROA. They contributed a high proportion of the genes of the "Coloured" people, who constitute 9 percent of the population of the modern Republic of South Africa. The ways of life of these early Southern Africans varied greatly in the different environments of the region-the coastline and its immediate hinterland; the highlands rising to the escarpment; the grasslands of the eastern plateau; the area of good winter rainfall in the southwest; and the vast arid lands of the Karoo and the Kalahari and Namib deserts. Linguists demonstrate that in each area the people spoke a distinctive language but that all the languages were distantly related to |Xam. They occupied caves or camps constructed of portable materials and moved from one watering, foraging, and hunting area to another as the seasons dictated. WE ARE THE ABORIGINAL |XAM NATION OF SOUTHERN AFRICA, THE FIRST INHERITANT PEOPLE (NATION) OF SOUTHERN AFRICA. This Submission is to clarify all the uncertainties around the San/Bushmen and |Xam Nation. We have been occupying the South point of Africa for more then 20 000 years. The following Tribal communities was the first of the |Xam Nation. First Communities of |Xam: 1. 2. 3. 4. 5. Hawequa-|Xam: Ubiqua-|Xam: The Sanqua-|Xam: The Xru Xri qua-|Xam (Guriqua): //Xegwi-|Xam: The Second Communities of the |Xam Nation: 6. Karoo-|Xam: 7. Kalahari-|Xam: 8. ! Xau-Sakwa-|Xam: 9. Komani-San: 10. N||uu The Elders of the |Xam Nation The Tribal fighting forced of early men of the |Xam Nation The youth and valance or gangsters of the |Xam Nation The fishermen of the |Xam Nation The Eastern Fisher and Mountain men of the |Xam Nation Clans that left or was forced to leave Clans that left or was forced to leave Clan that nomads or left or was forced to leave. Brake away clans that left or was force to leave Brake away clans that left or was force to leave The third Communities arrive from other tribal territories: 11. Khwe-Busmen: 12. !Xun Bushmen: Communities that was forced to leave Communities that was forced to leave THESE ARE THE TRIBES AND COMMUNITIES OF THE NATIONAL HOUSE OF THE |XAM NATION BEFORE THE ARRIVAL OF ANY OTHER TRIBE, CLAN, COLONIAL AND SLAVERY MASTERS. By the word man is meant a being capable of communicating his thoughts by speech, understanding the use of fire, and able to make implements, however crude, of wood or stone. That such a being roamed over South Africa from an exceedingly remote period is absolutely certain from the situations in which many of his implements are found, and the crust termed the patina which has formed upon them. The Tribal Inheritant Territory of the Aboriginal |Xam Nation THE FOLLOWING MAPS WILL SHOW THE TRIBAL TERRITORIES OF THE NGUNI AFTER THEIR ARRIVAL These lands and territories where given to them by the European and British oppressors and slave masters for their support in the genocide of the |Xam Nation THE FOLLOWING MAPS WILL SHOW THE TRIBAL TERRITORIES OF THE KHOI KHOI AFTER THEIR ARRIVAL THE NATIONAL HOUSE OF |XAM NATION TRIBAL TERRITORIES. The Hawequa-|Xam Tribal community is part of the Aboriginal |Xam Nation. The Cape Winelands is there inheritant tribal territory. They are a herbal, pottery and small scale animal community living in the mountains of the cape. They were called the elders of the |Xam Nation PRINCIPLE LEADERSHIP SHEDRICK KLEINSCHMIDT HAWEQUA-|XAM //XEGWI/-|XAM ARE THE INHERITANT COMMUNITY OF NATAL AND EASTERN CAPE. This community specialized in herbal and animal faming. Because most of them live near the eastern coastline, some communities specialized in fish farm for sustainable uses. PRINCIPLE LEADER HRH ANETTE VORSTER /XEGWI/-|XAM THE UBIQUA-|XAM COMMUNITY WAS A STRONG COMMUNITY OF THE WESTERN CAPE WHO ARE THE INHERITANT TRIBE OF THE WITSENBERG TO THE GREAT DRAKENSBERG UP TO LESOTHO DOWN TO THE SEE IN THE SOUTH. This community specialized in fish farming. Because most of their families lived inland they also specialized in herbal and plant farming and harvesting. REP: PRINS LIEFIE PRINCIPLE LEADER HRH KING DAVID UBIQUA-|XAM The Guriqua community if mostly a fishery farming community. Most of their families live3d in the Cederberg Mountain where they specialized in animals, herbs and plants. PRINCIPLE LEADER ANTHONY ANDREWS WEST COAST XRU XRIQUA (GURIQUA) THE SANQUA-|XAM IS THE INHERITANT TRIBE OF THE SWARLAND TO CAPE METRO. THEY DID CONTROL THE MARINE LIFE AS FISHERMAN AND THEY ENFORCE THERE WAY OF LIVE UP TILL TODAY IN THE CAPE. This community specialize in animal gathering for sustainable use. They also specialized in herbal and plant use. PRINCIPLE LEADER PIETRUS WINDVOGEL SANQUA-|XAM SWARTLAND THE KAROO WAS THE HOME OF THE KAROO-|XAM CLANS WHO LIVE IN HARD AREAS ON THE SKIRTING OF THE EARTH PLATES OF WESTERN CAPE AND BEYOND. This community specialized in herbal and plant use. Because they were part of the Ubiqua Tribal Community they specialized in Stones and Trading’s. PRINCIPLE LEADER HERMANUS BAAITJIES KAROO-|XAM KAROO THE!XAU-SAKWA BETTER KNOWN AS THE LOWVLEDT BUSHMEN INHERITANT COMMUNITY OF THE POLITICAL BOUNDRY CALLED TRANSVAAL. They were also called the rivier people. The! Xau-Sakwa also inherit the Orange free state as their Tribal territory. This community specialized in stones for trading with other tribes. Born out of the Sonqua Tribal community. PRINCIPLE LEADER CLIVE DANSTER !XAU-SAKWA- |XAM OLD TANSVAAL THE KALAHARI-|XAM IS CLANS WHO WHERE FORCED BY COLONIAL GOVERNANCE AND NGUNI TRIBES TO FLED TO THE KALAHARI FOR SAFE HAVEN. THE INHERITANT COMMUNITY OF THE KALAHARI. The Kalahari community was small scale animal gathers and specialized in trading with other tribes. PRINCIPLE LEADER CHIEF PIET BARENDSE KALAHARI-|XAM KALAHARI The rivier of the orange and Hartebeest. A small tribe of clans. With a Queen that still speaks the ancient language of the first mix between |xam, Khwe and Namma. PRINCIPLE LEADER HRH KATRIENA ISEAU N||uu BUSHMEN NORTHERN CAPE BORDER( SWA AND BOTSWANA) The Khwe Tribe is an ancient Bushmen Tribe from Angola. Who settled in Platfontein. These clan has grown in to a massive Bushmen Tribe with their own language. The Khwe-dam. PRINCIPLE LEADER HRH TIER FRANS KHWE-BUSHMEN KIMBERLY TO FREE STATE The !Xun is also a Bushmen Tribe from Angola who settled themselves in the Northern Cape at the Border between Kimberly and the Orange rivier (Gariep). Their principle leader is called Chief Samoa. REP: PRINCIPLE LEADER SAMOA !XUN The Komani-san of the Northern Cape next to South West Africa and also in South west Africa was a group of San Clan, who found themselves a place to inhabit after the Tribal infightings. KOMANI-SAN PETRUS VAALBOOI KOMANI-SAN KALAHARI-|XAM !XAU-SAKWA-|XAM KOMANISAN !N//uu THE LANGUAGE OF THE ABORIGINAL |XAM NATION OF SOUTHERN AFRICA //XEGWI-|XAM GURIQUA-|XAM CHIEF SAMOA SONQUAS-|XAM HAWEQUA-|XAM UBIQUA-|XAM XAROO-|XAM KHWE-BUSHMEN !XUN-BUSHMEN THE ABORIGINAL |XAM NATION’S LANGUAGE The official Language spoken of the Aboriginal |Xam Nation was |Xam. These communities were most of the time nomads and traders, therefore in it allows that other tribal influences changes the accent of the language depending where you are. Mix communities created mix languages that later on become the language of choice for that particular community. Thus gives birth to a new language and a new community. Because it was created by the mix community the basis of these community accent languages will be |Xam clicks. More languages was created with the arrival of the Nguni tribes over the Gariep and Zambezi. The today spoken languages of the Nguni was created by the mix community to better understand each other therefore languages like: isiXhosa, Zulu, Pedi, Venda, Swazi, Sotho and more. With the arrival of the Europiers a new language was created like Afrikaans for better understanding. Afrikaans was and still are a mix language to the |Xam communities of Southern Africa. With the arrival of the Zuid Afrikaanse Republic, the Afrikaans was change from a mix language in to a language with Dutch and Netherland back ground. Over the years, the mixed farmers had acquired considerable cultural and genetic influences from hunter-gatherers and pastoralists. Their Bantu languages incorporated numerous loan words from the hunters' and herders' vocabularies-notably, words with click sounds that were originally exclusive to the hunters. As one would ~xpect, the greatest proportion of click words and hunters' and herders' genes are to be found among the mixed farming peoples nearest to the frontier zone-the Xhosa and the Tswana. Linguists estimate that one-sixth of all Xhosa words contain clicks.83 The early history of the region has also left its mark in numerous non-Bantu names of rivers and mountains in the eastern as well as the western part of Southern Africa. THE ABORIGINAL HOUSE OF |XAM NATION PROTOCOL T STRUCTURE THE ABORIGINAL AUTHORITY OF INDIGENOUS TRIBES SECTION 1: THE NATIONAL COUNCIL OF INDIGENOUS TRIBES THE PROVINCIAL COUNCIL OF INDIGENOUS TRIBES THE LOCAL TRADITIONAL COUNCIL Please note: The above National Indigenous Tribal House was established by the Tribes of the Aboriginal |Xam Nation for the Tribal Communities of the Aboriginal |Xam Nation to represent the Aboriginal |Xam Nation as a hole, therefore; 1. 2. 3. 4. 5. 6. 7. They have recognised each other as a Nation They have signed an agreement or Treaty for which they called there constitution They have recognised each other’s Principle Leadership and Inheritant Tribal territories. They have elected a National Leader and a National Chair for the Aboriginal |Xam Nation. They have elected their Provincial Authority Leader for each Provincial Council. They work according to the UNDRIP, ILO169 and the South African Constitution. They respect the Customs, Traditions, Heritage and believes of their ancestors (|Xam Nation) SECTION 2: 1. THE ABORIGINAL AUTHORITY OF INDIGENOUS TRIBES a) b) c) d) This Council consist of all the Principle Tribal Leaders of the Tribes of the Aboriginal |Xam Nation. They are the final decision makers on all Indigenous and Aboriginal matters of the |Xam Nation They will elect all National and Provincial Chair’s. They will elect one National Leader for every five years amongst themselves. e) They will authorise all new applying Tribal Leaders and their territories. SECTION 3: a) 2. THE NATIONAL COUNCIL OF INDIGENOUS TRIBES This Council consist of advisors of the Principle leaders of each Tribe. b) c) d) e) f) g) h) i) j) They will be proposed by their principle Tribal Leader and appointed by the National Chair. They will elect a National Executive Council amongst themselves There National Chair will be elected by the National Authority Council. Only available port folios that will represent the Aboriginal |Xam Nation according to the Constitution will be filled. Each National Portfolio will have its own criteria. All decision made must be preferred to the National Leader for approval. The executives will also have an advisory seat on the National Authority Council. They are responsible for all admin, representation and rebuilding of a self-sustainable Nation. They must established National, Provincial and Local Committees for the Aboriginal |Xam Nation . SECTION 4: a) b) c) d) e) f) g) h) i) j) THE PROVINCIAL COUNCIL OF INDIGENOUS TRIBES This Council Consist of Advisors of the Principle Leaders of Tribes within the Province. They will be proposed by their Principle Tribal Leader and appointed by the National Chair. They will elect a Provincial Executive Council amongst themselves There Provincial Chair will be elected by the INDIGENOUS AUTHORITY OF ABORIGINAL TRIBES Only available port folios that will represent the Aboriginal |Xam Nation according to the Constitution will be filled. Each Provincial Portfolio will have its own criteria. All decision made must be preferred to the Provincial Council of Aboriginal Tribes. The executives will also have an advisory seat on the National Council. They are responsible for all admin, representation and rebuilding of a self-sustainable Nation. They must established Provincial and Local Committees for the Aboriginal |Xam Nation . SECTION 5: a) b) c) d) e) f) g) h) i) 1. 2. 3. 4. 5. 6. 7. THE LOCAL TRADITIONAL COUNCIL This Council Consist of Community member, Clan Leaders and Community Leaders of the Inheritant Tribe. They will be proposed by the community and families and appointed by the Principle Leader. Their Chair will be appointed by the Principle Leader. Only available port folios that will represent the Aboriginal Tribal Community of the |Xam Nation according to their Constitution will be filled. Each Portfolio will have its own criteria. All decision made must be preferred to the Principle Tribal Leader of the Tribal Community. They are responsible for all admin, representation and rebuilding of a self-sustainable tribal Community. They must established Local Committees in the Aboriginal |Xam community. Portfolios of the Tribal Committees of a Tribe: Chiefs 8. Councilors 14. Education 20. IKS District Chiefs 9. Woman 15. Customs and Protocols 21. International representation Elder 10. Youth 16. Marine 22. Spiritual Leaders Senior Elders 11. Social 17. Business 23. Ancestral Spiritual Leaders Headwoman 12. Mining 18. Legal 24. Herbal Plants Headman 13. Foresting 19. Heritage 25. Clans Genetics[edit] Various Y chromosome studies show that the San carry some of the most divergent (oldest) human Y-chromosome haplogroups. These haplogroups are specific sub-groups of haplogroups A and B, the two earliest branches on the human Ychromosome tree. Mitochondrial DNA studies also provide evidence that the San carry high frequencies of the earliest haplogroup branches in the human mitochondrial DNA tree. This DNA is inherited only from one's mother. The most divergent (oldest) mitochondrial haplogroup, L0d, has been identified at its highest frequencies in the southern African San groups.[50][53][54][55] In a study published in March 2011, Brenna Henn and colleagues found that the ǂKhomani San, as well as the Hawequa and Sanqua peoples and also Ubiqua, were the most genetically diverse of any living humans studied. This high degree of genetic diversity hints at the origin of anatomically modern humans.[56][57] A 2008 study suggested that the San may have been isolated from other original ancestral groups for as much as 100,000 years and later rejoined, re-integrating into the rest of the human gene pool.[58] A DNA study of fully sequenced genomes, , showed that the ancestors of today's San hunter-gatherers began to diverge from other human populations in Africa about 200,000 years ago and were fully isolated by 100,000 years ago.[59] THE UNITY OF THE ABORIGINAL |XAM NATION AFTER 1652 In 2020 the Aboriginal |Xam tribes come together in Paarl, Inheritant tribal territory of the Hawequa-|Xam community under the leadership of Chief Sedas (Shedrick Kleinschmidt). They decided that the tribes should form one Aboriginal |Xam Nation and their own house. With the Unity in mind the following was decide by the |Xam Tribes               One Nation with its own National House Nobody will represent the |Xam Bushmen Nation. We will represent our self. One Nation Indigenous Authority Our own IKS Council Our own Herbal Doctors Council We will and shall recognise our own Tribal Leadership We will and shall recognised each Historical Tribal Territory. We shall work according to the UNDRIP, NAGOYA PROTOCOL, IOL169, South African Constitution, We must have our own constitution Revival of all |Xam Communities Tribal Customary Protocols, Customs, believes and heritage All tribal Principle Leader will form One National Indigenous Aboriginal Authority Council We shall have one Chair (Leader) elect amongst ourselves We will have Provincial Representative Houses. One National Structure. THE NATIONAL STRUCTURE OF THE ABORIGINAL HOUSE OF |XAM NATION THE ELECTED NATIONAL LEADER (CHAIR) The Unity of the |Xam Nation was handwork by the Chief Sedas to gather all the Principle Tribal Leaders of the |Xam Nation. Therefore when election begins, his leadership skills was widely appreciated by all Principle Leaders present. Therefore the First National Chair and leader of the Aboriginal |Xam Nation of Tribes falls upon him with unanimous decision by all principle Tribal Leader. Sedas (Shedrick Kleinschmidt) National Chair and Leader Aboriginal |Xam Nation of Tribal Communities THE PROVINCIAL HOUSES OF THE ABORIGINAL |XAM NATION WESTERN CAPE EASTERN CAPE & NATAL OLD TRANSVAAL & FREE STATE NORTHERN CAPE PROVINCIAL CHAIR PC ANTHONY ANDREWS PROVINCIAL CHAIR HRH ANETTE VORSTER PROVINCIAL CHAIR PROVINCIAL CHAIR PC CLIVE DANSTER HRH TIER FRANS Collective bio-cultural heritage is the knowledge, innovations, and practices of Indigenous peoples and local and mobile communities that are collectively held and inextricably linked to traditional resources and territories, local economies, the diversity of genes, varieties, species and ecosystems, cultural and spiritual values, and customary laws shaped within the socio-ecological context of communities We are indigenous peoples. We have distinct cultures and identities that are rooted with our sacred relation to our lands, territories and resource—the very source of our life. These lands were handed down to us from our ancestors. We have the obligation to nurture it for our future generations. We have our own languages and customary laws. We have our own ways of living that is different from the dominant groups or majority of the people in our own country. We have been self-governing even before states or governments were formed. We have been historically colonized, assimilated, oppressed, exploited, and systematically discriminated by states, corporations and those in power in the countries where we live. We became marginalized and regarded as “savages”, “backward”, “ignorant” and “uncivilized”. Governments decided to divide and put borders in our territories without our consent. Companies and business groups used our natural resources without our consent. Our Sacred places were destroyed. Many of us have been forced to leave our lands to give way to so-called development projects like hydro dams, mining and plantations. We have the right to remain in our lands. We have the right to continue with our sustainable livelihoods that are dependent on our natural resources. We have the right to our cultures and identities as different from the dominant societies. We have the right to practice our customary laws. These are our collective rights that we demanded states to respect and recognize in national laws to protect us from further discrimination and injustice. However, states/governments continue to deny our rights. UNDRIP contains our collective rights as indigenous peoples. These include our right to our lands, territories and resources, right to self-determination, rights to customary laws, rights to free, prior and informed consent (FPIC), rights to our distinct cultures, rights to determine our own path for development. It also declares that indigenous peoples have the same human rights as all other peoples, such as for health care and education FAMILY STRUCTURE The basic social unit was the nuclear 'family, but several families usually formed bands numbering between twenty and eighty people. These bands were not closed, reproducing entities. People identified 'with members of other bands who spoke the same language and lived in neighboring territories in the same general environment. They occupied caves or camps constructed of portable materials and moved from one watering, foraging, and hunting area to another as the seasons dictated. As in other preindustrial societies, there was a division of labor between women, who stayed close to the campsite and were responsible for childcare and most of the work of collecting edible plants, and men, who were the hunters. They were skillful in fashioning tools from wood and stone, clothing from animal hides, musical instruments from wood, catgut, and ostrich quills, and bows and arrows with tips smeared with poisons extracted from snakes or insects or plants. Their artists have left an impressive record in the rock paintings and engravings that have survived in protected places." The basic social unit was the nuclear 'family, but several families usually formed bands numbering between twenty and eighty people. These bands were not closed, reproducing entities. People identified 'with members of other bands who spoke the same language and lived in neighboring territories in the same general environment. They occupied caves or camps constructed of portable materials and moved from one watering, foraging, and hunting area to another as the seasons dictated. As in other preindustrial societies, there was a division of labor between women, who stayed close to the campsite and were responsible for childcare and most of the work of collecting edible plants, and men, who were the hunters. They were skillful in fashioning tools from wood and stone, clothing from animal hides, musical instruments from wood, catgut, and ostrich quills, and bows and arrows with tips smeared with poisons extracted from snakes or insects or plants. Their artists have left an impressive record in the rock paintings and engravings that have survived in protected places." Plant fibers were spun into fine cordage which could be used as needed for straplines and bindings, or worked into fine, strong nets for catching and carrying. Wood was used with simple skill for pegs to keep things off the ground in cave or rock shelter, for arrowheads and bows, for digging sticks and tool handles. Reeds were cut for arrow-shafts or woven into mats. Time, skill and taste were brought to the fashioning of beads and pendants and objects of bone, shell, and ivory at whose use we can only adaptation to the environment. "They lived in a kind of material plenty because they adapted the tools of their living to materials which lay in abundance around them and which were free for anyone to take (wood, reeds, bone for weapons and implements, fibers for cordage, grass for shelters), or to materials which were at least sufficient for the needs of the population." People who not only owned cattle and sheep but also grew cereal crops and used spears and digging tools with iron tips. They were living in villages where they produced pottery and metallic implements, and in most areas they integrated crop cultivation and pastoralism. .By the sixteenth century, mixed farmers occupied nearly all of the land east of the twenty-inch rainfall line in Southern Africa, except for mountainous terrain, and all were pastoralists as well as crop producers. The area around Lake Victoria, where people began to adopt the iron-working, mixed farming way of life a few centuries before the Christian era. It was customary for families, headed, for example, by energetic younger sons, to break from established village settlements and found new ones. THE BUSHMEN CULTURE: Our culture shapes our identity. It distinguishes us as indigenous peoples. Our decision-making about how we use land, how we communicate and how our society works reflects our culture. If we lost our culture, our identity as indigenous peoples will be lost. A1. Hunting The San lived in the period where they did not use metal, but their weapons and tools were made of wood, stones and bones. The San invented their own type of bow and arrow, which was very effective for hunting antelope and buffalo. They used hand bows with arrows dipped in poison. The poison was made from snake venom, plants and beetle larvae. They would dip their spears into this poison. Before going to hunt, the San would conduct a religious ceremony to prepare themselves. This has been recorded in their rock art. The San were excellent trackers and hunters and could follow the ‘spoor’ (tracks) of an animal across any type of terrain. They could identify the spoor of a wounded animal and track it down. They understood the habits of wild animals. They also set traps for animals, near places where animals come to drink water, for example. The poison would take a while to sedate the animal, which meant that the San would often have to track the injured animal for days. They would offer thanks to the animal’s spirit after it was killed. TODAY: Some members of the community still do hunting but it has become very dangerous because of still standing apartheid laws and farm owners that own large amount of mountain lands. Most of the time people are being killed for practicing their indigenous rights. A2. Food The San ate the animals that they hunted and the fruit and seeds that they gathered. They also ate insects, such as beetles, caterpillars, moths, butterflies and termites. Wild honey was a favorite delicacy. TODAY: Some community members still go to the rivier to fish and other try to move upwards into the mountains water holes to catch fish. We are also sitting up trap in nearby bushes to catch tarentaals and forest birds. Forest food are very dangerous to get but we do what we can. These foods are being sold amongst the community members. A3. Housing Due to the San‟s nomadic lifestyle, they did not build permanent settlements. Instead, they stayed in rock shelters and/or open camps near waterholes. The shelters were made from materials that they found around them, for example thin branches, grasses and rocks. The women were in charge of building the shelters. A shelter could be erected in less than an hour. Huts were usually built in a circular arrangement around a central fireplace. Due to their nomadic lifestyle, the San did not keep domesticated animals, nor did they farm crops. They did not make pottery, but instead used ostrich egg-shells for storing and holding liquids. These ostrich egg-shells were placed underground to keep the liquids cool. Plant Medicine Women would collect different herbs and bulbs for use in the preparation of medicine. Often San men would chew on „Hoodia Gordonii‟ on long hunting trips. This bitter plant would suppress their appetite for 24 hours, so they were not hungry. Recently, this plant has been used in modern day medicine to help cure obesity. TODAY We have a large amount of housing problem because of invading tribes in our areas. Our people is longing to go back to the mountain where everything are available. A4. Marriage and Children The San men and women married very young, the women usually at the age of 7-9 years and boys at about 14 years old. The majority of the marriages were „monogamous’ (one partner) however the San do practise „polygamy’ (more than one partner). In most tribes, hunting was regarded as extremely important in finding a wife. A hunter would hunt a large animal and the best pieces of the meat would go the daughter‟s parents. If the parents accepted the meat, then the hunter was allowed to marry their daughter. Sometimes San marriages were arranged by parents. TODAY: Getting married has become a laughing stock when westernize principle and laws has destroyed these holy unit. Maridge has become a political and domestic violence is the only option. A5. Religion We can practice our culture, including spiritual ceremonies at cultural sites. We cannot be forced to change to others’ culture or ways of life. If others made us change or destroyed our culture, it is our right to revive it. We own our cultures including stories, songs, dance, designs, art, ceremonies, scared sites and ancestral remains. We own our knowledge including what local plants we use to eat or heal. Outsiders wanting to use our traditional knowledge must ask for our free, prior and informed consent. If we say no, governments must help us to protect our knowledge. The San believed in „Kaggen’, the creator of many things. Kaggen translates to ‘mantis’ which is why the San respected the Praying Mantis. A6. Example of a San Folklore the Sun, Moon and the Stars A young woman waited for the hunters to return every night. When it grew dark she threw white ash into the night sky. This became the Milky Way and guided the hunters‟ home. The moon is believed to be the old shoe of ‘Mantis’. Mantis placed it in the night sky to guide him. The sun was very jealous of the moon and started to cut off pieces of the moon, bit by bit. The moon begged the sun to stop and go away. Soon after, the moon started growing and the whole process started again. The San people believed in one powerful God, although they also believed in other, minor Gods. Offerings were made to the dead ancestors. Some groups also worshipped the moon. They believed that after death, the soul went to God‟s house in the sky. A7. Music and Dance The San made musical instruments and were skilful musicians. Dancing rituals, such as a healing or rain dance were done. These dances are often shown in the rock art. The San often went into trances during these dances. The dance and music is an important participation by men and women, old and young where groups wear designed traditional attire made of animal skins, carefully decorated with ostrich egg shells beads. Like the San art, dance activity depicted a thousand of year’s old culture which includes the trance healing dance and song. At this particular event the San dance and music receive the wider audience appreciation of this form of ancient “art.” the dance gives meaning of spiritual perspective and cultural identity. They are many melodic musical instruments and sound producing objects, which can be used as musical instruments at different times for different social functions. Their music includes lullabies, entertainment and spiritual music and dance. Music includes dancers portraying behaviour of different animals or how hunters would interact with the animal being hunted, it could be a giraffe or an eland, the dancers and musicians will display the behaviour of that particular wildlife species. A song can be produced based on folklore. there are love songs, songs for women when they out in the bush collecting and gathering food, songs for appreciating rain and stars, some specifically for lamenting about nature hazards such as drought and some for the girl’s first menstruation. in his narration of his life experiences in the Central Kalahari game reserve and description of some of the San dances which are still retained as cultural heritage and performed in isolated places. The gemsbok dance which is one of the popular ones at the Kuru dance festival is of religious and ceremonial nature. Serving as a hunting dance, the gemsbok dance was performed in recognition of a successful hunting dance where they would be plenty of meat for everyone. it has been described as a large-scale dance involving a whole camp where they are plenty of singers and dancers and could carry on for over an hour. Women sit in circle around a small fire, clamping hands and singing while men who sing in a deep voice dance with systematic rhythm around them. In the broad terms, San cultural music and dance is a coherent body myths, rituals, values and artistic expressions. The girl would jump and receive melon without dropping it, more like the skill displayed in basketball. She would dance improvisatorially for several minutes holding the melon, while co-participants clap their hands and sing a song. Some of the dance ceremonies performed during moonlight mark the girl’s first menstruation and during this period a girl could go through a two weeks confinement as a celebration for welcoming into womanhood and part of the ritual is to scrub her body with powder made from seeds of melons. The San distinctive worldview, based on belief systems of indigenous peoples, is manifested through traditional music and craft, whose virtues are widely recognized not only in other southern African countries where San healing is practise. A healer was (and is still is) associated with deep knowledge of herbal medicine and was a diviner or magician. 1. Aboriginal |Xam Nation values: We in the restoring of our peoples humanity, dignity and sustainability. We respects the South African constitution and is guided by its values of equality, gender, integrity and restoration. In our culture and tradition, there are important natural plant and marine resources that we value in our life and throughout. 2. The Lands & Territories Through generations our ancestors evolved and adapted to our lands. Our relationship with our lands goes beyond economics. Peoples, plants, and animals and spirits inhabit in our lands. Holy and sacred places in our territories must be respected. Our ancestors handed down lands to us and we will hand these lands to our children. Our connections with ancestral lands mean losing them devastates our cultures. Although our ancestors inhabited the whole of Southern Africa we believe that all Indigenous tribes born within the borders of the \Xam Nations territory should own this country therefore the Aboriginal |Xam gives very Tribe they opportunity to own land if they have a “TREATY “ with the Inheritant Aboriginal |Xam Nation. Southern Africa is our ancestral home. You will still find our communities all over this country although they are being oppressed and marginalized. Sins the new democratic government we managed to practicing our culture and customs but its hard if you don’t have your own land. Our ancestors historically lived in this area and we as a community continue to live in this area, because it is important to us especially for accessing natural resources such as food, and providing for our livelihood in order to purchase other necessities. We use the natural resources (such as Herbs and root resources, food resources and natural resources such as water and mountains) surrounding us, to survive and practise our ancestral way of living, communing and expressing our culture. Animals and plants as natural resources are very important to us, it is where we get our food and medicine. 3. Community Governance & Institutions  Within our community, members all have different roles to play.  The Elders (men) are responsible for community gardens and resources such as tools, and animal resources such as game in order to sustain themselves as well as preparation for use and selling.  The youth are responsible for gathering the plant resources and assisting the men in selling the herbs to the communities and resources and game. They are also responsible for fetching water from the nearby water sources.  The women are responsible for preparation of food for cooking and baking purposes. They are also the child minders within the community. They pass down the traditional culture to their children in the forms of singing, dancing poem-writing and storytelling.  Governments must work with us to protect our land, knowledge and traditions. If our land, knowledge or traditions were changed without our free, prior and informed consent, governments must help fix this  Governments must respect and recognize our laws and customs about our lands. If there are conflicts between us and other peoples about lands, governments must resolve the conflicts in fair ways that respect our laws  Free, prior and informed consent (FPIC) is our right as part of our self-determination. FPIC ensures our participation in decisionmaking about issues that impact us, including the use of our land, territories and natural resources. 4. Wildlife and Natural Resources. a) We cannot be moved from our lands without our true consent. Our land will be passed to future generations. If our lands were taken or used without our free, prior and informed consent, governments should give it back or give us fair compensation b) We can develop our lands, territories and resources in our own ways. c) Governments must legally recognize and protect our lands and respect our traditional land ownership systems. d) We should conserve and protect our environment. e) Our use of lands should be sustainable, like our traditional ways f) No dangerous things should be put on our lands without our free, prior and informed consent. If dangerous materials were put in our lands, governments must support our health. The various plant and herbal resources have great historical and continues to have value and Spiritual healings to us, and our elders (men) have taught us how to live off them by hunting or gathering them in order to feed our families. We consider them as resources that we have a right to catch, consume and sell sustainably. Access to the sea is very important to us as it is where we practise our culture and heritage of hunting and accumulating herbs and plants. A young child often accompanies an elder or a man in order to learn how to catch and collect fish from the sea. In this way our culture is passed down from elder to young man and this is how we showcase centuries of culture. 5. Ancestral Rituals a) Our spiritual relationship with our lands should be maintained. b) We can practice our culture, including spiritual ceremonies at cultural sites. We cannot be forced to change to others’ culture or ways of life. If others made us change or destroyed our culture, it is our right to revive it. c) We own our cultures including stories, songs, dance, designs, art, ceremonies, scared sites and ancestral remains. We own our knowledge including what local plants we use to eat or heal. Outsiders wanting to use our traditional knowledge must ask for our free, prior and informed consent. If we say no, governments must help us to protect our knowledge. We also value the Mountain, sea and riviers therefore we need access to it as it is where we perform dances and rituals honouring our culture and ancestors. Many of our ancestors are buried close to the river or sea in the coastal areas. We also perform funeral rituals at sea when one of our community members has passed away at sea. Additionally, we also value the natural resources found in the mountain areas, such as plants and bio material that we harvest and use for medicinal, spiritual or cultural purposes, such as meditation or ceremonial practices. We collect wood as it is very essential for us in our preparation of cooking the food that we have caught from our fishing and hunting expeditions. The wood is also important for the cultural traditions we practise as we use it to make fires for cooking, rituals in which we dance and celebrate our culture and ceremonies. 6. Principles: We endorse by consensus the following principles as a statement of our beliefs and a guide to our actions. • Mother Earth and all human, plant and animal relatives are sacred, sovereign, respected, unique living beings with their own right to survive, and each plays an essential role in the survival and health of the natural world. • Human beings are not separate from the rest of the natural world, but are created to live in relationship and harmony with it and with all life. • The Creator has given us a sacred responsibility to protect and care for the land and all of life, as well as to safeguard its wellbeing for future generations to come. A1.Stewarding our environment. The Nature, Mountains and river’s, with all its resources available to us as well as the natural resources found in these rivers, and mountains, is spiritually important to us. We try our best to use the resources around us in a way that honors our ancestor’s way of life as hunter gatherers, so that we can conserve resources from the land and from the sea for our communities for generations to come.  Aboriginal |Xam Nation indigenous knowledge system  The Bio-cultural Plant and Animal Register Physical Resources:  Medicinal Plant Resources Register: THE SOUTHERN COMMUNITIES OF THE ABORIGINAL |XAM NATION 1. 2. 3. 4. 5. SONQUA-|XAM UBIQUA-|XAM HAWEQUA-|XAM KAROO-|XAM GURIQUA-|XAM THESE COMMUNITIES SPECIALISED IN PLANTS AND HERBAL MEDICINE OUR IKS Our traditional knowledge has developed over time and continues to evolve as we face new challenges. We have three broad types of traditional knowledge: ethno-veterinary knowledge, breeding practices and an understanding of the ecology of the region. We feel we have a duty to ensure the preservation of our knowledge by sharing it with others We regularly share our knowledge amongst ourselves according to our customary norms that encourage the sharing of knowledge, but prohibit the transfer of knowledge to those who will misuse it. While the knowledge we have is widespread throughout our community, we assert that as creators of this body of knowledge, we have a right to be consulted before it is used by any outsiders. The San were able to follow the seasons and know where the plants for food would grow, making sure not to pick too many plants and damage the environment. They also had to follow the migration of the antelope for hunting to ensure that they would never go hungry, and know the different places to get water so that they would not go thirsty. If anyone became ill, they would also know which plants to use as medicine. South Africa is the third most bio diverse country in the world and inhabitants have for centuries employed the help of indigenous medicinal plants. These healing plants treated all sorts of maladies including cancer, diabetes and tuberculosis (TB) as well as more benign complaints such as the common cold, arthritis, menstrual problems, stomach issues, to ward off lighting, evil powers and chase away mosquitoes and dogs . As a group, we conserve medicinal plants through home herbal gardens and (self-managed medicinal plants development areas) and share our knowledge with each other and our students to ensure its continued development. In this way, the valuing of our knowledge by our communities leads to conservation, and the sustainable use of medicinal plants is leading to the development of traditional knowledge. .” While we look after the areas, we see them as a community resource upon which we draw to treat community members. By closing the area to grazing, many medicinal plants grow leading to their regeneration to naturally abundant levels. We also specifically propagate certain species that are not initially found within the Hawequa Mountains or are particularly endangered. Through aboriginal’s knowledge, some of our community members have begun to grow medicinal plants for the local and regional market. While being distinct, we include medicinal plants’ conservation farmers in this group. We are able to buy low cost plants directly from the farmers and those who harvest in the mountains. THE ABORIGINAL|XAM HERBAL COMMUNITIES The Principle leader of the communities has ask Chief Piet Barendse of the Kalahari-|Xam Community for special ancient education of herbs living in the area. Although they now most of these herbs past on through generation, they felt that because Chief Piet is a Specialist in the Kalahari is help cold only strengthen the sustainability of herbs in our community. The tribal territories of the Aboriginal |Xam Nation are rich with Cape Fynbosch. For the Aboriginal |Xam communities, the fynbosch is rich of different types of herbs and eatable plants, therefore most mountains have also a richness in herbal plants that grows in the ground and on rock slopes and inside the mountain. Therefore the community depends on the herbs for the community and animals. THE FYNBOSCH OF SOUTH AFRICA WAS THE MAIN SOURCE OF HERBAL REMIDIES OF THE |XAM NATION THE HERBS The burning of Herbs is an ancestral ceremony passed down through generations. Not all Herbs are used for the same fire. Burning of Herbs have different meaning and healing purposes. The Bushmen people did not only used herbs for certain ancestral ceremonies but also animal parts was very necessary to its extent of reason and purposes. 1. Spiritual Resource Register WATER PLANTS SEA WATER FOUNTAIN WATER MOUNTAIN WATER ANIMAL URIN BUCHU WATER BOOM GOM BOESMAN TWAK CANNIBUS DUIWELS TREK EN DUPA BUCHU WILLE ALS PERDEPIS MORINGA ROOIWORTEL MATUNGA BANGALALA OTHER ANIMAL PARTS CAVES ROCKS OLD TREES SAND MOON SUN WIND SEASONS RAIN FIRE MOUNTAINS PORCUPINE HORNS ANIMAL SKIN PREDITOR TOOTHS KAMEELPERD BONES SKILPAD DOP OSTRICH EGG ANIMAL STAMACH LION CLAW ELAND HORN Animal Resources Register: ANIMAL GOAT FISH HARE OSHTRICH BABOON WILDEBEES PENGUINS DASSIES KUDU KONYN FISH SPIRITUAL FOODS BIRDS ABELONE BABER USSLES ROCK LOBSTER SNOEK SHELL FISH MAKRIEL FROGS CRABS PORCUPINE OSTRICH ELAND SPRINGBOK TORTOISE ABELONE WILDE VLAK VARK EAGLE OSHTRICH OWL BOSHOENDER TARENTAAL BIRDS A FEW SAMPLES OF HERBAL INDIGENOUS PLANTS OF THE ABORIGINAL |XAM NATION Cape Snowbush Traditional uses by the Khoi and early Cape settlers included treating stomach ailments, as a mood enhancer and as an relaxan t. It was also thought to help with hair growth, breaking addictions and letting go of negative emotions. Similar to rosemary, Cap e Snowbush has an invigorating effect and acts as an antidepressant, also relieving feelings of stress, anxiety and anger. Cape Snowbush oil relieves spasms (muscle, respiratory, digestive) and is effective to stop bleeding. Its antiseptic and anti viral properties protect the body against infections. It is also used as a diuretic (to expel toxins from the body), treats coughs and colds and soothes h eadaches. Rubbing the leaves, the plant gives off a fresh camphor smell. This small shrub with silver leaves and white flowers are called Eriocephalus africanus and is of the Asteraceae family. Named after the fluffy seed tufts, the Cape Snowbush is also called kapokbos in Afrikaans or wild rosemary. In southern Africa there are 34 species of Er iocephalus, all with these woolly fruits. Eriocephalus africanus (Cape Snowbush) is not be confused with Eriocephalus punctulatus or Cape chamomile. It grows mainly in the Namaqualand, Western and Eastern Cape. The silver leaves help to reflect sunlight , to reduce leaf temperature and evaporation. This is one of the ways the plant adapts to preserve water when growing in arid conditions. Eriocephalus prefers full sun and well-drained soils. Damask Rose Oil Extracts of rose oil contain vitamins, minerals, antioxidants and anti-inflammatories and are suitable for use on all skin types, including sensitive and oily skin. It helps to reduce redness and has excellent moisturising properties In addition, rose oil can help treat psoriasis and help wound healing. Using rose oil in a hot or cold compress can reduce swelling and ease cramps, including menstrual pain. Damask Rose Oil is, more correctly called, Rose Damascena oil. Rosa damascena is indigenous to the Middle East and found in T urkey and Iran but the largest rose plantings are in Central Bulgaria. Rose oil has been used for centuries to treat asthma, coughs, congestion and feve r, but is also used for perfume, in skin products and cosmetics. The yield of oil depends on several conditions including climate, the time of the harvest, condition of the flowers and the method of distillation. During the middle of the harvest period the yield is higher than at the beginning while mild weather conditions will further increas e yield. Produced in Clocolan in the Free State province and the Hogsback area of the Eastern Cape, Rosa damascena flourishes in high rainfall areas and cool climates as the rose needs cold winter to stimulate flower production. Due to the short flowering season, only one harvest is produced per year. Anti-inflammatory African Potato South African Medicinal Plants Not related to the household potato, the African wild potato (Hypoxis hemerocallidea) is associated with the lily and is a ve ry hardy and drought resistant plant native to South Africa. It grows in the summer rainfall regions of South Africa and has bright yellow starshaped flowers with hairy leaves. Benefits of African Potato Traditional healers have used it as a muthi to treat delirium, ‘bad blood’ (in diabetes), PMS and as a parasiticide. Conventi onal uses include application of a deep penetrating ointment to treat symptoms associated with arthritis, psoriasis and fibromyalgia. It is also beneficial against skin conditions such as eczema, acne, scars, burns, rashes, bed sores, warts, stretch marks, sunburn, inse ct bites and dry skin. The active ingredient, hypoxoside, is extracted from the tuberous rootstock. It has a high sterol and sterolin content which may possess potent anti-inflammatory and immune strengthening properties. As the action is similar to cortisone it may reverse tissue damage and soothe muscular aches. It also acts as powerful antioxidant which may have an anti -ageing effect. Theories have also suggested the African potato to be beneficial in the treatment of HIV/Aids, prostate cancer and Tuberculosis. Baobab Oil A thick, gently scented seed oil, baobab is used as a moisturiser, massage oil and a hot soak for dry nails and hair. Its ver y strong antioxidant properties, due to β–sitosterol, may reduce DNA damage in cells. In addition, baobab oil has an omega-6 content of around 30% and contains vitamins D3, F, K and E (an antioxidant) as well as vitamin A that renews cell membranes and can treat stretch marks by stimu lating collagen formation. Vitamin F is an unsaturated fatty acid that rejuvenates and renews of cell membranes. Soothing and penetrating baobab oil is helpful for psoriasis and eczema as it restores and re -moisturises the epidermis. Benefits of Bush Tea Traditional uses of Athrixia phylicoides include brewed as a tea (hence the name Bush tea), chewed for relief of sore throats by the Sotho and Xhosa people, while the Venda drank extracts of the roots and leaves to expel parasites. The stems, stripped of the leaves, a re made into sturdy brooms. It was also used for cleansing and purifying the blood, treating headaches and as a gargle for throat infections and loss of voice. In some parts of Southern Africa it is believed to be an aphrodisiac. There is little information available on the antibacterial and antifungal compounds present in Athrixia, although its traditional uses allude to possible antimicrobial efficacy. 2 It was also used to treat heart problems, diabetes, diarrhoea and for treatment of venereal disease s. South African research indicates a relative low yield of an essential oil with a flavour profile of vanilla, caramel and honey. These aromas, however, are not intense enough for use of Athrixia in the perfume industry, but can have applications as a possible flavourant in foo ds and drinks. The leaves could have commercial value as a antioxidant-rich caffeine-free herbal tea. Athrixia phylicoides, also called Bush tea (Eng.) Boesmanstee (Afr.), Icholocholo, itshelo, umthsanelo (isiZulu), with its soft dark green foliage and purple daisy-like flowers is a popular garden plant with health benefits and is indigenous to southern and central Africa. Mostly wild-harvested, some small commercial plantings have been established as test sites in the KwaZulu -Natal, Mpumalanga and Limpopo provinces in South Africa. The shrub grows wild in the eastern parts of South Africa and is found in rocky and sloping habitats from grassland to forests. Best propagated from cuttings, it is hardy and like full sun. Kalahari Tsamma Melon Oil ©Marinda Louw Oils and extracts from plants are used in natural cosmetics and skin care. The Kalahari tsamma is native to the Kalahari region of Southern Africa and has been used for over 4 000 years as a natural moisturiser. The San people (Bushman) use the oil as a moisturiser, to promote hair growth, with the fruit pulp mixed with water to apply as sunscreen. Due to high levels of linoleic acid (similar to evening primrose oil) Kalahari melon seed oil is anti-inflammatory and therefore excellent for use on oily and acne skin. Linoleic acid reduces the hormonal secretion of sebum, restores skin elasticity and reduces wrinkles. Kalahari melon seed oil is also good for dandruff and itchy scalp. Due to its fatty acid content, the oil is suitable for use in natural soaps. Mongongo/Manketti Oil Mongongo seed oil (Schinziophyton rautanenii) also known as manketti oil - is extracted (with difficulty) from the hard nuts of the Mongongo trees, which grow in the Kalahari region of Southern Africa, where it was used by the local people as a hair balm and natural sunscreen. Mongongo oil, forms a non-oily protective layer on the skin and hair when the eleostearic acid in the oil reacts with UV light. The light yellow mongongo seed oil is easily absorbed, which makes it ideal for aromatherapy and in natural cosmetic products. It is high in z inc (Zn) and vitamin E (an antioxidant) which adds to its protective and anti-inflammatory properties, it is especially useful in treating eczema and promote tissue regeneration and cell renewal. Helichrysum Oil Helichrysum odoratissimum (the most used species and endemic to South Africa) is known as everlasting, mphepho (Xhosa, Zulu), or kooigoed (Khoisan, Afrikaans). The essential oil has a strong strong fruity-like smell and is used for perfume while the plant material is traditionally used to treat a variety of medical ailments. When used as an ingredient in natural skin care and cosmetics, helichrysum oil’s anti -inflammatory, antifungal and antiseptic properties may treat scar tissue, dermatitis and acne. It has anti-ageing properties that may encourage cell rejuvenation, ideal for use in sunscreens and skin creams. Sceletium Tortuosum - Traditional Mood Enhancer South African Medicinal Plants © Alice Notten of Kirstenbosch Sceletium tortuosum is traditionally chewed for its mood-enhancing properties. This climbing or creeping plant - Sceletium tortuosum - has been known and used in South Africa for centuries. The Khoisan used the plant and introduced its mood elevating effects to the early colonisers around 1662. Known as tortoise fig marigold, ‘kanna’ or ‘kougoed’ (Afrikaans for ‘something to chew’) the dried plant material was chewed, smoked or inhaled as snuff. It produced euphoria and alertness and gently induced relaxation. It was also used by shepherds and hunters to suppress appetite when out in the field for days. A tea made from kanna is sometimes used to wean alcoholics off alcohol and a teaspoon added t o breast milk can treat colic in babies - it still used in some rural communities. The traditional way to prepare ‘kanna’ is crushing, fermentation and then drying. The plant is harvested (often whole, but with r oots removed), it is then crushed, put in a bag (traditionally animal skins were used) and left for a few days to ferment. Then it was spread in the sun to dry and thereafter powdered and smoked, chewed or taken as a tea. Crushing and fermentation is important to red uce the potentially harmful levels of oxalic acid. A yield of about 4 g is expected from 100 g fresh material. Its natural habitat is the Succulent Karoo where it prefer quartz-rich soil and grows in the shadow of shrubs. It is easy to cultivate, grows from either cuttings or seed and can be grown in pots. It rests in summer and should not be watered. The plant is very sensitive to frost. Due to overharvesting Sceletium has become rare in its natural environment. Substantial plantings are found in Nels pruit and Tzaneen but the plant naturally occurs in the Namaqualand to Montagu (Western Cape) and Aberdeen (Eastern Cape). Benefits of Sceletium Tortuosum Modern preparations included Sceletium tortuosum in anti-anxiety medications and antidepressants. It contains mesembrine and the related compounds known for its effects on the central nervous system. These compounds also act a s serotonin-uptake inhibitors, is used in the treatment of mild to moderate depression, alcohol and drug dependence, bulimia nervosa and obsessive -compulsive disorders. The South African produced and patented Zembrin®, is an extract of Sceletium tortuosum. Zembrin® has been researched and developed for over a decade and is available in South Africa and the USA as an over -the-counter remedy to enhance mood, decrease anxiety and reduce stress. It is also used as a supplement to help treat irritability in menopause, improvement in libido (when lack is due to anxiety) and helps with post-traumatic stress disorder, as part of a support program. ‘Kanna’ is not a hallucinogenic. Marula Oil Marula Oil, extracted from the kernels, is a very stable oil and is suitable as a massage oil, in soap and as a moisturiser. Marula oil (Sclerocarya birrea) was traditionally used in the Limpopo region of South Africa as a skin moisturiser, as a sham poo for dry hair, a base for soap and to massage babies. Marula oil is an excellent source of natural oleic acid, which is high in antioxidant properties. It hydrates and smoothes sk in and reduces redness. Rich in essential fatty acids, marula oil’s fine molecular structure is the key to its effectiveness as a natural skin moisturiser and is for mature and under -nourished skin. Also high in vitamin C and E the oil is very resistant to oxidation. Marula oil has an excellent ‘slip factor’; a perfect massage oil. Parsley Tree South African Medicinal Plants The parsley tree Heteromorpha arborescens (Spreng.) Cham. and Schltdl. is a large shrub, and can grow to a small or medium si zed deciduous tree which belongs to the carrot and parsley or Apiaceae family. This beautiful straggly shrub has a characteristic bark that is glossy, papery and smooth, that peels off from the stem. The fai nt yellow colored flowers grow in what are called umbels. The leaves have a parsley smell hence the name. Common Names Heteromorpha arborescens (syn. H. trifoliata) English - Parsley tree Zulu - Umbangandlala Afrikaans - Wildepietersielie The parsley tree is widely distributed in South Africa and more towards the eastern parts of the South Africa. There are four vari eties of parsley tree (var. abyssinica, var. arborescens, var. collina, var. frutescens) of this variable, widely distributed tree. Heteromorpha arborescens var. abyssinica = Heteromorpha trifoliata Parsley Tree Uses and Benefits Heteromorpha arborescens is an important medicinal plant species throughout its distributional range in tropical Africa. The shrubby tree has many and varied uses in Zulu traditional medicine. The plant has been used by many ethnic groups in central and southern Africa and in in Southern Africa, the leaves, roots, and bark of the species are used to treat abdominal pains, asthma , colic, cough, dysentery, fever, headaches, infertility, intestinal worms, mental problems, nervous disorders, shortness of breath, and tuberculosis. I ts main uses are for headaches, respiratory issues and fevers making it an ideal remedy for colds and fl us. Parsley trees uses against intestinal worms has been validated by scientific trials in the lab, and promising results have al so been shown for anti-arthritic conditions and peptic ulcers from the activities of the extracts that support the traditiona l claims of use of the species as remedies for rheumatism and other chronic inflammatory conditions. Researchers have found compounds from the parsley tree that have effects on the serotonergic and dopaminergic systems, that c an be used as a relaxing remedy to calm the nervous system (that I can testify to from personal experimentation). Thus the parsley tree could well act as an Adaptogen to help your body adapt to stress by protecting against stress induced immune suppression and heart damage. These adaptogens also enhance brain functioning. Other compounds in Heteromorpha arborescens have been found to have anti -inflammatory and anti-mycobacterial properties and actions that makes it a useful remedy against respiratory infections and could be a good co mplementary remedy to help ease respiratory infections in the case of COVID or TB. Having relaxing and antibacterial properties makes Heteromorpha arborescens a useful short term anti-infective and stress damage control plant remedy. There is some evidence that the plant could be toxic in medium to long term use, so I would recommend its use only in cases of infection. Plants such as the parsley tree are valuable in this time of great societal stress where there is a great need for natural re laxing remedies. Rooibos Tea Proudly South African © Marinda Louw A field of rooibos on the Gifberg mountain near Vanrhynsdorp in the Western Cape. Rooibos (Aspalathus linearis) is a shrubby legume indigenous to the mountains of the Western Cape and endemic to South Africa. It grows up to 1,5 m in height and has multiple thin branches with bright green, needle-like leaves. The leaves (branches are cut 50 cm from the ground) are harvested and undergo the traditional process of fermentation which includes bruising and wetting the leaves with water and allowing it to ferment for 12 hours. Enzymatic oxidation takes place and the leaves change from green to brown. Fin ally, the rooibos is spread out in the sun to dry. Green rooibos (unfermented) is harvested, cut and then dried immediately without fermentation, resulting in a tea with a lighter colour than traditional rooibos. The plant adapts well to dryland conditions and prefers sandy soil with good drainage and pH of 4,5 to 5,5. Seeds are planted on seedbeds or plants may be propagated by cuttings. Leafhopper is a major pest as well as horsetail, a weed that grows alongsid e rooibos. This must be removed by hand or mechanically. Health Benefits of Rooibos Tea The caffeine-free tea reputed to have medicinal properties including lowering the incidence of cancer. It is safe to use on babies and is used to treat stomach cramps, skin irritation and nappy rash. The polyphenols (organic chemicals with antioxidant properties) in rooibos have anti-inflammatory, antiviral and anti-mutagenic (prevents mutation) properties and can protect the body from free radicals which can cause cancer and heart disease. Rooibos is a good source of antioxidants and is the only known source of a poten t antioxidant called aspalathin, which may assist in treating diabetes by balancing blood sugar levels and improving the absorption of glucose. Rooibos tea can help lowering blood pressure, acts as a bronchodilator to relieve respiratory problems an d helps with the formation of HDL cholesterol (good cholesterol). Rooibos contains hydroxy acid and zinc (Zn) which can aid skin conditions like acne and e czema and can soothe sunburn. The antioxidants in rooibos slow down the ageing process by neutralising free radicals that damage skin while high levels of manganese (Mn) and calcium (Ca) can help build and repair bones. Rooibos is available as teas, aromatic compounds and extracts (soluble in hot or cold water) with applications that range from use in iced teas, as flavouring and in cosmetics. Benefits of Devils Claw The name alludes to the hook-like appearance of the fruit (‘thorns’). The Southern African Khoisan and Bantu-speakers have used devil’s claw for indigestion, blood diseases, fevers, sprains and boils. The best applications were drinking it as a tea or eating the powdered root, but it was also applied to the skin. Benefits of Cape Snowbush Traditional uses by the Khoi and early Cape settlers included treating stomach ailments, as a mood enhancer and as an relaxant. It was also thought to help with hair growth, breaking addictions and letting go of negative emotions. Similar to rosemary, Cape Sno wbush has an invigorating effect and acts as an antidepressant, also relieving feelings of stress, anxiety and anger. Benefits of Cannabis Cannabis is reported to have first been grown in China for its nutritional properties as a food with the seed being highly nu tritious with a combination of Omega 3, 6 and 9 essential fatty acids that are crucial for normal body functions. There is also the amazing fiber that one can make clothes, rope and other textiles from. Marula Oil Marula Oil, extracted from the kernels, is a very stable oil and is suitable as a massage oil, in soap and as a moisturiser. Marula oil (Sclerocarya birrea) was traditionally used in the Limpopo region of South Africa as a skin moisturiser, as a shampoo for dry hair, a base for soap and to massage babies. Marula oil is an excellent source of natural oleic acid, which is high in antioxidant properties. It hydrates and smoothes skin and reduces redness. Rich in essential fatty acids, marula oil’s fine molecular structure is the key to its effectiveness as a natural skin moisturiser and is for mature and under-nourished skin. Also high in vitamin C and E the oil is very resistant to oxidation. Marula oil has an excellent ‘slip factor’; a perfect massage oil . Parsley Tree Heteromorpha arborescens (syn. H. trifoliata) English - Parsley tree Zulu - Umbangandlala Afrikaans - Wildepietersielie The parsley tree is widely distributed in South Africa and more towards the eastern parts of the South Africa. There are four varieties of parsley tree (var. abyssinica, var. arborescens, var. collina, var. frutescens) of this variable, widely distributed tree. Heteromorpha arborescens var. abyssinica = Heteromorpha trifoliate Benefits of Camphor Bush Camphor bush helps treat fevers, wounds and cuts and acts as a natural preservative when added to body and skin care formulations. Inhaling smoke from burning Camphor bush leaves can clear blocked sinuses and headaches while decoctions of the leaves treat coughs, toothache, bronchitis and abdominal pains. Anti-inflammatory African Potato Not related to the household potato, the African wild potato (Hypoxis hemerocallidea) is associated with the lily and is a very hardy and drought resistant plant native to South Africa. It grows in the summer rainfall regions of South Africa and has bright yellow star-shaped flowers with hairy leaves . Traditional healers have used it as a muthi to treat delirium, ‘bad blood’ (in diabetes), PMS and as a parasiticide. Conventional uses include application of a deep penetrating ointment to treat symptoms associated with arthritis, psoriasis and fibromyalgia. It is also beneficial against skin conditions such as eczema, acne, scars, burns, rashes, bed sores, warts, stretch marks, sunburn, insect bites and dry skin. Aloe The versatile aloe is known for being the healing succulent. Its fleshy leaves hold nourishing properties that facilitate the healing and improvement of many ailments, most commonly skin-related. The aloe genus Xanthorrhoeaceae, contains more than one species, in fact, there are over 500 aloe species worldwide, the better known ones being: aloe vera and aloe ferox. Aloe vera is also referred to as the ‘true aloe’, while aloe ferox is known as the ‘bitter aloe’. Buchu Oil Buchu (‘boegoe’ in Afrikaans) is a generic name for members of the aromatic Rutaceae family and is prized for its medicinal properties worldwide. Used in Lavender Lavender buds can amplify both sweet and savory flavors in dishes, and is sometimes paired with sheep's-milk and goat's milk cheeses. Lavender flowers are occasionally blended with black, green, or herbal teas. Lavender flavors baked goods and desserts, pairing especially well with chocolate. In the United States, both lavender syrup and dried lavender buds are used to make lavender scones and marshmallow s Wild Dagga Wilde dagga Leonotis leonurus (Laminaceae) • Infusions and decoctions are made from fresh and dried leaves and flowers. Medicinal health tea for treating colds, flu, coughs, bronchitis, asthma, high blood pressure and headaches. Dune Cabbage Veldkool Harvested during winters in the Western Cape. This is steamed in a pot and eaten. You can also mix it with animal meat. Yellow sage Bruin blom salie Leaves of the yellow sage can be cooked as a tea and used to gurgle for a sore throat and mouth sores. The leaves can also be used as spice. Wild rosemary A tea is made from the aromatic leaves. Considered by some to be a better tea than that made from L. groenlandic um. Some caution is advised, see the notes above on toxicity. It would be better to brew the tea in cold water by leaving it in a sunny place, or to make sure that it is brewed for a short time only in an open container. The leaves are used as a flavouring, they are a bayleaf substitute. The plant has been used as a hop substitute in making beer. Cancerbush Kanker bos Sutherlandia Frutescens Known as Kankerbos b y the indigenous people of Southern Africa, has been used for centuries to treat cancer and a variety of ailments. It has powerful immune boosting properties and has been classified a herb. substance or “tonic” that helps the body to adapt to environment al and internal stress by changing body metabolism. Malva leaves Malva Leaf, like all mallows, is a demulcent, and its particular excellence involves soothing irritated tissue and relieving various forms of inflammatio n. The leaves contain high amounts of mucilage, made up of complex carbohydrat es, which give the herb most of its soothing activity, though flavonoids and anthocyanid ins may also contribute. It is effective in countering irritation and inflammatio n of the mucous membranes, and because it contains polysacchari des that form a protective layer on the stomach lining, it is said to lower stomach acids and is useful in relieving gastrointesti nal disorders, such as gastric catarrh, enteritis, indigestion, ulcers and colitis. Devils Claw • devil' s claw seem s to reduc e low back pain. • It is used for colds and flu. • Prepa red in the form of a tea Waterblommetjie Water flower The buds of Aponogeton distachyos are usually ready to be picked in the southern midwinter months of July and August, leading to their use in winter stews such as water Blommetjies bredi. THE ABORIGINAL|XAM COMMUNITIES ARE ALSO A CANNIBUS COMMUNITY The harvesting and planting of Cannabis is an Ancient ancestral use within our Community. Not only one type of Cannabis are being harvested and planted by our community but there is more than one type of Cannabis and Hemp that has been grown and harvested by our community. These herbs are Indigenous to our community and form part of our believe, customs and cultural protocols. Cannabis are one of our most important healing plants and are being use by our community for different healing purposes. Our Shaman’s or Healing Herbal doctors are using these plants for going into their Spiritual being for a vision purpose and for predictions. Meeting have been held by the community that specialized in the use and medicine of the Cannabis plant and had a lot of complains . Restricted Harvesting through Colonial and Apartheid Laws We believe that plants are sacred and the effectiveness of our plant-based medicines is integrally linked to us respecting the plants and caring for them. We have a specific way of collecting our medicinal plants. We collect them in the early morning or during the full moon. We find that the curative properties of the plants are at their peak when they are collected at dawn. The day before we collect the plant, we pray to the plant and we tie a thread that has been dipped in Turmeric around the plant. We only take roots and bark when absolutely necessary. Respecting the plant and reciting mantras leads to efficacious medicines. We also never touch the plant with our feet as that conveys disrespect. We also believe that a plant has the power to curse you if it is abused. We harvest the medicinal plants to sell at the markets and we collect them primarily for our own healing practices a) In each |Xam Bushmen community you will find community members busy trying to uphold their Indigenous knowledge’s by living from Nature. b) You will find them collecting herbal plants to sustain the health of their community. c) You will find them still busy with Cannabis and using that as a herb and oil d) You will still find them with raising small animals for community sustainability We should conserve and protect our environment. Our use of lands should be sustainable, like our traditional ways. Our Bio-Spirituality Our harvesting of medicinal plants is guided by our spiritual values and is regulated by our customary laws that promote the sustainability of our natural resources. For example, we ask our ancestors as we harvest to ensure that the medicines will have their full effect, and believe that only harvested leaves or bark that are taken in ways that ensure the survival of the plant or tree will heal the patient. This means that we take only strips of bark or selected leaves of stems of plants, and always cover the roots of trees or plants after we have collected what we require. Also, we have rules linked to the seasons in which we can collect various plants, with severe consequences such as jeopardizing rains if they are transgressed. Because we harvest for immediate use, we never collect large scale amounts of any particular resource, tending to collect a variety of small samples. This inhibits over-harvesting. Our bio-spirituality is rooted in a relationship with nature that is both intimate and sacred. We experience a deep sense of kinship with the plants and animals and treat nature with love and respect. Our knowledge, dreams and intuitions, all of which are crucial for healing, are based on our ability to see ourselves integrally connected to nature, not separate from it. 2. Ancestral Rituals d) Our spiritual relationship with our lands should be maintained. e) We can practice our culture, including spiritual ceremonies at cultural sites. We cannot be forced to change to others’ culture or ways of life. If others made us change or destroyed our culture, it is our right to revive it. f) We own our cultures including stories, songs, dance, designs, art, ceremonies, scared sites and ancestral remains. We own our knowledge including what local plants we use to eat or heal. Outsiders wanting to use our traditional knowledge must ask for our free, prior and informed consent. If we say no, governments must help us to protect our knowledge. We also value the Mountain, sea and rivier therefore we need access to it as it is where we perform dances and rituals honouring our culture and ancestors. Many of our ancestors are buried close to the river or sea in the coastal areas. We also perform funeral rituals at sea when one of our community members has passed away at sea. Additionally, we also value the natural resources found in the mountain areas, such as plants and bio material that we harvest and use for medicinal, spiritual or cultural purposes, such as meditation or ceremonial practices. We collect wood as it is very essential for us in our preparation of cooking the food that we have caught from our fishing and hunting expeditions. The wood is also important for the cultural traditions we practise as we use it to make fires for cooking, rituals in which we dance and celebrate our culture and ceremonies 3. Animal Resources Register: ANIMAL GOAT FISH HARE OSHTRICH BABOON WILDEBEES PENGUINS DASSIES KUDU KONYN FISH SPIRITUAL FOODS BIRDS ABELONE BABER USSLES ROCK LOBSTER SNOEK SHELL FISH MAKRIEL FROGS CRABS PORCUPINE OSTRICH ELAND SPRINGBOK TORTOISE ABELONE WILDE VLAK VARK EAGLE OSHTRICH OWL BOSHOENDER TARENTAAL BIRDS 1. Spiritual Resource Register WATER PLANTS SEA WATER FOUNTAIN WATER MOUNTAIN WATER ANIMAL URIN BUCHU WATER BOOM GOM BOESMAN TWAK CANNIBUS DUIWELS TREK EN DUPA BUCHU WILLE ALS PERDEPIS MORINGA ROOIWORTEL MATUNGA BANGALALA OTHER ANIMAL PARTS CAVES ROCKS OLD TREES SAND MOON SUN WIND SEASONS RAIN FIRE MOUNTAINS PORCUPINE HORNS ANIMAL SKIN PREDITOR TOOTHS KAMEELPERD BONES SKILPAD DOP OSTRICH EGG ANIMAL STAMACH LION CLAW ELAND HORN These above registers, document the indigenous biological resources that we depend on for our health, well-being, dignity and culture. This register also pro-actively asserts our community rights in line with the South African laws on the resources and associated knowledge and intellectual property There is a lot of Herbal plants that form part of our Indigenous knowledge past down from our ancestors but due to that fact that we can’t reach them because of colonial and Apartheid laws and land dispossession. Interms of the customs of the |Xam Bushmen our resources are out of reach and we have no access. Our main objective towards our resources is to reach them for spiritual and ancestral survival uses. Most times it is difficult for us to access our food and natural resources because we are criminalized and prevented from accessing these sources. This causes serious threat to our livelihood and our culture. We mapped out our customary institutions responsible for different activities, and the custodian of that activity. 1. Aboriginal |Xam Nation Customary Institutions CEREMONIAL ACTIVITY INSTITUTIONS TRIBAL CLAN CELEBRATIONS: BIRTH WEDDINGS ANIVERSARIES DEATH Family ritual Family and Community Ritual Family Ritual Family and Community Ritual Burning of Herbs/Blood ceremony/Ceremonial Gifts Burning of Herbs/Eland ceremony/Ceremonial Gifts Burning of Herbs/eland ceremony Burning of Herbs/Blood ceremony FESTAVILS: NEW YEARS EASTER WORKERS DAY Community Celebration Community Celebration Sports Day/Music Day/Sing Day Burning of Herbs/eland ceremony Burning of Herbs/eland ceremony Burning of Herbs/eland ceremony CEREMONIES: SUMMER SOLISTS Spiritual Slaughtering Burning of Herbs/Dance and sing to the Spirits DAY OF THE WATER NONTJIE Spiritual Slaughtering Burning of Herbs/Dance and sing to the Spirits DAY OF THE SHADOW Spiritual Slaughtering Burning of Herbs/Dance MOUNTAIN SPIRIT and sing to the Spirits WINTER SOLIST Spiritual Slaughtering Burning of Herbs/Dance and sing to the Spirits DAY OF THE MOON Spiritual Slaughtering Burning of Herbs/Dance and sing to the Spirits DAY OF THE RAIN Spiritual Slaughtering Burning of Herbs/Dance and sing to the Spirits DAY OF THE NEW YEAR Spiritual Slaughtering Burning of Herbs/Dance and sing to the Spirits CELEBRATING THE LAND Spiritual Slaughtering Burning of Herbs/Dance and sing to the Spirits Day of the Herbal Doctors Day of the Herbal Doctors Day of the Herbal Doctors Day of the Herbal Doctors Day of the Herbal Doctors Day of the Herbal Doctors Day of the Herbal Doctors Day of the Herbal Doctors TRIBAL COMMUNITY COUNCILS SUPPORT PRINCIPLE LEADER Enforcing all Tribal and customary matters. Coordination of the Community and Tribal Council COMMUNITY COUNCIL Coordination of all Event. Managing all Stakeholders and Tribal matters Information sessions to community. Training in Business and Education YOUTH Ceremony and Event support. Fire making and support Gather wood for Events. Dan’s and make music WOMAN Ceremony / Events Preparation coordination Preparation of food. Keeping the protocols. ELDERS Ceremony / Events Preparation coordination and event protocols. Training the Woman and Youth to Prepare harvest herbs. MEN Tribal Protocol, Hunting and Gathering Training of Youth in Hunting, Gather and Protocols. HERBAL DOCTORS Collecting herbs and administer the use and values. Monitoring the replanting of endangered Herbs and Plants. Training Community how to use herbs. Training of Herbal Ceremonies. SPIRITUAL LEADERS Do all Spiritual Ceremonies. Herbal expert in use of plants for Ceremonies Training of Herbal Doctors. Spiritual education to the community. THE NORTHERN COMMUNITIES 1. 2. 3. 4. 5. 6. //Xegwi-|Xam !Xau-Sakwa-|Xam Khwe Bushmen !Xun Komani-San Kalahari-|Xam THE TRADERS These communities was the traders who specialized in different types of stop and medicine. These commodities where sold and trade while they move from coast to coast and from South to North of Africa and the world. At that time these commodities had indigenous names and purposes: Trading Commodities Dressing up Gold Diamonds Metal rock Copper Salt Clay Stones Sea Shells Rocks Tools Animal Herbs Dry meat Buchu Skins African Potato Head Devils claw Paws Tea Tooth’s Marula Oil Bones Cannabis Horns With the landing of the Europiers comes laws and slavery that restricted the movement of trading between communities and also the control over these commodities were taken away and therefore the tribal land were also taken by force of genocides. Throughout the region-and indeed throughout all of tropical Africa to the north copper was in great demand. People used it almost exclusively for decorative purposes. "Copper adorned the body from head to foot and laterally to the tips of the fingers: hair ornaments, earrings, collars and necklaces, pendants, girdles and cache-sexes, bracelets, anklets, bells, amulets, crowns. Copper ornamentation is, or has been, quasi-universal in African societies." People valued iron and copper so dearly that the metals were principal commodities of trade and major targets of theft and robbery. Iron was thus a major trade commodity. Our rights to access to these Indigenous commodities are still being ignored by the current government. ABORIGINAL |XAM NATION INDIGENOUS MARINE RESOURCES We use the natural resources (such as marine resources, plant resources and natural resources such as wood) surrounding us, to survive and practise our ancestral way of living, communing and expressing our culture. Animals and plants as natural resources are very important to us, it is where we get our food and medicine. Wildlife and Natural Resources. The various marine species such as fish, crayfish and shellfish have great historical and continues to have value to us, and our elders (men) have taught us how to live off them by hunting or gathering them in order to feed our families. We consider them as resources that we have a right to catch, consume and sell sustainably. Access to the sea is very important to us as it is where we practise our culture and heritage of hunting and fishing. A young child often accompanies an elder or a man in order to learn how to catch and collect fish from the sea. In this way our culture is passed down from elder to young man and this is how we showcase centuries of culture. We also value the sea and access to it as it is where we perform dances and rituals honouring our culture and ancestors. Many of our ancestors are buried close to the river or sea in the coastal areas. We also perform funeral rituals at sea when one of our community members has passed away at sea. Additionally, we also value the natural resources found in the mountain areas, such as plants and bio material that we harvest and use for medicinal, spiritual or cultural purposes, such as meditation or ceremonial practices. We collect wood as it is very essential for us in our preparation of cooking the food that we have caught from our fishing and hunting expeditions. The wood is also important for the cultural traditions we practise as we use it to make fires for cooking, Rituals in which we dance and celebrate our culture and ceremonies 4. Stewarding our environment. The sea, with all its marine resources available to us as well as the natural resources found in the Lamberts Bay, is important to us. We try our best to use the resources around us in a way that honors our ancestor’s way of life as hunter gatherers, so that we can conserve resources from the land and from the sea for our communities for generations to come. Important laws that strengthen our rights to our knowledge and resources under various International Conventions and National Legislation • Customary Law (Living Customary Law) Customary law, in this context, refers to the local law of communities who own and/or use resources on a communal basis. The majority of the African continent is covered by rural communities who live and work on communal land, and is thus governed by customary law. As such, customary law is fundamentally important as the source of both the rights and rules of communities. Customary law operates at two levels, the first being that it provides for the internal rules of communities which regulate relationships between members of the community and provides for the rights for the rights of individual members. Secondly it provides for communal rights. A community self-constitutes and organises itself in relation to its past and its desired future. This is the position of the Aboriginal |Xam Nation community, who identify and constitute themselves according to their living customary law as it was in the past, and as they desire for the future. Their self-definition however does not seemingly overlap with how the state recognises them. The content of customary law and the rights arising from it has been defined by the South African Constitutional Court in Shilubana and Others v Nwamtiwa. The court identified four factors in ascertaining the content of customary law those being: the history of the community, the community’s current practice, the feasibility of the customary rule in current circumstances and compliance with the Bill of Rights. The Court reiterated that Section 211(2) specifically provides for the right of traditional communities to function subject to their own system of customary law, including amendment or repeal of laws. The Court stated that a community must be empowered to act so as to bring its customs into line with the norms and values of the Constitution. The Court stated that the value of recognising the development by a traditional community of its own law is not in this case outweighed by the need for legal certainty or the protection of rights. These principles become particularly valuable within the living customary system of the historical communities, as it relates to access to land, natural and marine resources acquired through traditional cultural practices. Their living customary law has historically defined how their communities have utilised natural plant food and water resources, and continue to utilise the land and the marine resources stemming from such land in order to practice their customary rights. These communities now have the space to lobby and advocate so as to ensure that the status of their living customary law, which protects their rights to access and use of natural and marine resources, can be elevated to stand alongside statute or common law. This was apparent in the strategic court cases of S v Gongoose, where the issue of the living customary law system of the historical fishing communities, was considered. The Gongoose judgements continued to recognize the principle that recognition of customary law, as an independent source of law, ensures that the manner in which a community takes decisions about matters that affect it is respected in line with the principles of the Bill of Rights. What this reinforces is that the emergence of customary law, shapes how their customary rights marine resources and Herbs/ plants/water and food reinforces the commitment to the recognition of customary law as decided in Shilubana. • United Nations Declaration on the Rights of Indigenous Peoples • Convention on Biological Diversity • Nagoya Protocol • African Commission’s Policy on Indigenous Populations South Africa has ratified a number of international agreements/policies that require national implementation of their provisions, including the UN Declaration of the Rights of Indigenous Peoples, the Convention on Biological Diversity and the Nagoya Protocol. Rights of communities to access natural resources are recognized under these International Conventions. In South Africa several national statutes and policies have been drafted to comply with international law and to provide rights to communities over natural resources and community lands. The drawing up of Bio-Cultural Protocols not only allow us to protect our resource and traditional knowledge, it also enables us to reaffirm our historical rights to access resource areas rich in marine resources which have been hindered in recent years. The main international document regarding biodiversity is the Convention on Biological Diversity ratified by South Africa in 1995. It states three objectives: conservation of biological diversity, sustainable use of its components, fair and equitable sharing of benefits arising from genetic resources. The main principles entailed in the document are the following:  States have sovereignty over their biological resources  The role of Communities and indigenous peoples in protecting and conserving biodiversity through their culture and tradition are acknowledged.  Any access to a community natural resource requires the approval of the State concerned, based on prior informed consent of the communities. Of crucial importance is article 8(j) which requires States to, subject to their national legislation, to ‘respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservations and sustainable use of the biological diversity, and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and practice’. The second international instrument linking biodiversity conservation and community’s entitlement to access and benefit sharing, is the Nagoya Protocol. The Nagoya Protocol states that States shall:  Take measures to ensure that benefits arising from natural resources and traditional knowledge held by communities are shared in a fair and equitable way with communities, on mutually agreed terms.  Provide for legal clarity and transparency rules on access and benefit sharing mechanism.  Provide information on how rules and procedures for obtaining prior informed consent and mutual agreements.  Create conditions to promote and encourage research contributing to biodiversity conservation and sustainable use of biodiversity.  Support the development of community protocols to access and benefit sharing regarding traditional knowledge associated with natural resources. Indigenous community’s rights over their land and traditional knowledge are recognized in various other International Conventions, such as the Declaration of the Rights of Indigenous Peoples, supported by the African Commission on Human and Peoples Rights (Working group on Indigenous Populations report). These conventions notably assert that indigenous peoples have the rights to their traditionally owned or used land and resources (Art 26 (1)), to maintain, control, protect and develop their cultural heritage, traditional knowledge, science and technologies including natural resources, seeds, medicines, oral traditions and develop their intellectual property over these (Art 31), and to determine priorities and strategies for use of their lands and resources. • National Environmental Management: Biodiversity Act No.10 of 2004 • Small Scale Fisheries Policy from the Department of Agriculture, Forestry and Fisheries (SSF) • Intellectual Property Amendment Act 2014  NATURE CONSERVATION Act  IKS Act  Cannabis commission The National Environmental Management Biodiversity Act and its Regulations (NEMBA and BABS) translates at the domestic level South Africa’s commitment under the Convention on Biological Diversity and the Nagoya Protocol. In accordance with the three goals of the Convention on Biological Diversity, it provides a framework for biodiversity conservation, sustainable use and access and benefit sharing, and community involvement in Biodiversity Conservation. Section 82 sets out the legal requirement of the involvement of indigenous communities in any activities impacting on the interests of the Hawequa Community. Under the Small-Scale Fisheries Policy from the Department of Agriculture, Forestry and Fisheries, the rights of small scale fisherman and fishing communities to access and sustainably catch and use marine resources, are legally recognized and protected. Under section 28I(b) and (c) of the Intellectual Property Amendment Act, the indigenous cultural expressions and knowledge of the Aboriginal |Xam Nation are preserved and promoted through the installation of an intellectual property trust for their benefit. Vision To free every Southern African Aboriginal Tribe from oppression by regaining their Aboriginal territories for self-governance. Our vision is to: a) Regain our inherent Aboriginal right to land or a territory. b) Re-established our relationship between the common law and pre-existing systems of aboriginal law. c) Establishment of aboriginal title is the occupation of the disputed lands at the time the crown asserted sovereignty over the land. Restore the dignity of South Africans across the board and prevent further destruction of our society by following selfdetermination and self-governance. a) b) c) d) MISSION Working together with the current government by signing a Treaty that will respect all people and restore the real history by Establishing a Aboriginal House for the \Xam Nation to work in accordance with the Traditional Houses by also signing Treaties with these houses of mutual respect and sharing this beautiful country of ours. Respecting all Tribal and Aboriginal Lands and Leaderships. Building a country where all will be respected and protected by the constitution of this country. Working with government by putting processes together to alleviate poverty and social problems. Supporting a process that will revive all aboriginal and traditional tribes in Southern Africa We should be involved in any decisions about research that involves our indigenous herbs and plants and/or traditional knowledge. Any consent to research will be taken at the appropriate community level and will consider what tangible benefits the community will receive from the research. Reference will be made to the Environmental Management and Coordination (Conservation of Biological Resources, Access to Genetic Resources and Benefit Sharing) Regulations (2006) as well as to the emerging principles in the incumbent international regime on access and benefit sharing. 20. Ways Forward When the communities came to address their challenges and to set out their endogenous development plans, the two main issues they wanted to resolve for the protection of their ways of life were access to resources (medicinal plants or grazing areas) and to ensure that their TK is not misappropriated or used in ways incommensurate with their values. The very specific nature of their visions was notable, with the Bushbuckridge healers providing the following example: To ensure that we can continue to provide for our communities, we require continued access to medicinal plants, which means that over-harvesting in the communal areas must be tackled and access to conservation areas improved. We want to work with traditional authorities to better regulate the access to communal lands by muti [medicinal plants] hunters. Their over-harvesting has to be better regulated or else there will be no medicinal plants for us to harvest from the communal areas. We want to explore how we can contribute to minimizing the environmental degradation being carried out by the herbalists, either through community education or establishing closer local controls.  Now that we are clear about the procedures for accessing plants  We want to be recognized by the Department of Agriculture, Forest and Fisheries (DAFF) as both contributing to and benefiting from the region’s biodiversity and to work with the Department to establish a system that facilitates our access to the resources under its management.  We call on the DAFF to instigate a process towards establishing such a collaborative partnership, and to explore the establishment of a medicinal plants conservation and development area to increase the in situ cultivation of the most important medicinal plants  We want our own farmland.  We need to be part and living in the mountain close to our ancestral sites and plants.  We also want to evaluate how to replicate successful community-run medicinal plants nurseries in the area, and seek the K2C Biosphere Committee’s assistance in any future projects of this kind.  We are considering beginning discussions as Inheritant Indigenous Authority with the local government to evaluate whether we could have some land set aside for our purposes.  We want to teach all the communities set out how they wanted to secure their bio-cultural futures.  The Aboriginal |Xam Nation want to go a step further and set out a series of commitments in their BCP regarding the conservation of the local forests that will state:  We want to set up Aboriginal kraal’s in all our mountains and farm areas as traditional farms for our animals in forests, that sustains the natural plant and animal ecology of these areas, maintains our diverse breeds and sustains our rich traditional knowledge. We commit to protecting the biological diversity of the region, our animal genetic resources and associated traditional knowledge, that will: a) Upholding our traditional roles as custodians of the forests and as sustainers of the co-evolved forest ecosystem of the region. b) Sustaining the predator population in the forest through the customary offering of some of our livestock as prey. c) Eliminating invasive species in the forest; Promoting and sustain our communities For many years, bones and other human remains of our ancestors were removed without our consent. Many of our peoples and their organisations have campaigned tirelessly for the return of these remains. The Declaration recognises our rights to have these remains returned. This is called repatriation. The International Repatriation Program, which helps our communities seek the return of their ancestors’ remains. Spirituality Spiritual and religious traditions and ceremonies are an important part of our culture and identity. We have the right to have religious and cultural sites and ceremonial objects. We have the right to privacy in their use. We have the right to teach our practices and beliefs. Our ways of being and knowing We have the right to revitalize, use, develop and pass on to future generations our ways of being and knowing. This includes: • Our histories and our oral traditions • Our languages and ways of communicating • Our ways of thinking about the world • Our names for communities, people and places. Governments should take steps to make sure this right is protected. Governments should make sure there is two-way understanding when dealing with our people, including that: • We are able to understand what is being said by all parts of government • Governments are to make every effort to understand us in that process. When needed, interpreters are to be used to support this two-way understanding Education Education and public information should reflect the dignity and diversity of our peoples’ cultures, histories, experiences, and hopes. We have the right to own and control our schools and educational institutions. We have the right to teach and learn in our own languages and in a way that is culturally appropriate. Governments should work with us to help those of us who are living away from their communities to learn culture and language. The right to education is especially important for children. Public information Education and public information should reflect the dignity and diversity of our peoples’ cultures, histories, experiences, and hopes. Governments should work with us to combat prejudice and discrimination. This can be achieved by promoting tolerance, understanding and cooperation between our peoples and the rest of South African society. Media and cultural diversity We have the right to make our own radio, video, internet, printed materials and any other form of communication in our own languages. We have the right to access non-Indigenous media. Government-owned media should reflect our culture and diversity. Governments should also encourage privately-owned media to reflect our cultural diversity. Decision-making We have the right to participate in decisions that affect us. This participation can be achieved through our own institutions and organisations. Development We have the right to decide our development priorities. This includes maintaining and developing political, economic and social institutions. We have the right to choose our basic needs for survival. We have the right to pursue our own economic activities. This includes both traditional and modern economic activity. We have the right to participate in the development and implementation of health, housing, economic and social programs. As far as possible development programs are to be controlled and administered by our own organisations. Where our peoples are deprived of this right they should be fairly compensated. Improved living conditions We have the right to the improvement of our economic and social conditions without discrimination. This includes improved standards of education, employment, housing, basic services (i.e. sanitation), health and social security. The government is to take steps to make sure this happens. This may include requiring the government to take special measures.* Special needs Some members of our communities will require extra support to have their rights realised and needs met. This includes elders, women, children and people with disabilities. The government is to work with us to ensure that women and children are protected against all violence and discrimination. Health and traditional medicines We have the right to our traditional medicines and health practices. The plants, animals and other resources used in health practices are to be protected. We have the right to access the same standard of physical and mental health and social services, as other people in Australia. Steps are to be taken by the government to see this happen. Many homeland communities do not have access to adequate health care services. However, research shows that living on homeland communities can result in better health outcomes for our people as a result of: • increased physical activity • Better diet and reduced availability of alcohol • Connection to culture and country • being in control of life through self-determination practices Rights to country We have rights to country that we have traditionally owned, occupied or otherwise used or acquired. This includes: • Rights to maintain and strengthen our spiritual relationship with country • Rights to uphold our responsibilities to our future generations • Rights to control, own, develop and use our country that we possess • Other rights to country. Recognizing our rights to country Governments should recognise and legally protect our rights to country. Governments should establish a process to decide our claims to country and to recognise our rights. The process should: • be fair, open, independent and unbiased • give due recognition to our laws, traditions, customs and connection to country. We have the right to participate in the development and operation of this process. Setting things right - compensation Where our peoples no longer possess their country because it was taken without free, prior and informed consent* they have the right to be compensated. This could mean: • Where possible, the return of traditionally owned country • Alternatively, fair compensation including other lands, money, development opportunities such as employment or other benefits that are agreed to. Caring for country and the environment Our peoples have the right to the conservation and protection of the environment on their country. Governments should help to protect the environment. Hazardous materials and military activities Governments should take steps to ensure that hazardous materials are not stored or disposed of on our country without our free, prior and informed consent.* Governments should take effective steps to ensure that programs for monitoring, maintaining and restoring the health of people affected by hazardous materials are in place. Military activities are not to be carried out on our country unless there is a public interest to justify them, or the traditional owners freely agree to it or request it. Governments should consult with us before these activities take place. Development of country We have the right to determine how our country is to be developed and to set the priorities for any development. This includes the use of resources. Governments should work with our representative bodies to obtain our free, prior and informed consent* before projects affecting our country are started. A fair process that provides for compensation for projects on our country should be established. Steps should be taken to reduce the environmental, economic, social, cultural or spiritual impact of projects on our country:  Our relationship to country is to be respected  economic social and cultural development should be in the manner chosen by the affected community  we are to be involved in every stage of any proposal or project  we are to be provided with detailed and clear information about these projects  we are to retain control and decision-making powers over our country Cultural heritage and traditional knowledge We have the right to maintain, control, protect and develop our cultural heritage, traditional knowledge, sciences and technologies. This includes: • Resources like human materials or seeds and medicines • Knowledge of plants and animals, oral traditions, literatures, designs, traditional sports, and visual and performing arts • Sacred sites and cultural artefacts. The government should work with us to develop measures that ensure these rights are recognised and protected. We have the right to have treaties* and agreements that have been made with governments respected and recognised. Determining our identities  As a group we have the right to decide our own identities.  We have the right to determine the membership and structure of our groups and organisations.  This does not mean that you cannot also be a South African citizen. Our laws, customs and traditions  We have the right to develop and practice our own laws, legal systems, customs and traditions.  This must be in accordance with international human rights standards. Responsibilities As a group, our communities can determine the responsibilities of individuals within that community and what those responsibilities are to their communities Beyond borders Indigenous peoples have the right to maintain relationships and undertake activities with members of their own communities as well as with members from other communities. This right is particularly important for Indigenous peoples separated by international borders. Governments should work with Indigenous peoples to implement this right. Treaties and agreements We have the right to have treaties* and agreements that have been made with governments respected and recognised. The Declaration can be used to strengthen our rights, but cannot take away our rights that are set out in other treaties* or agreements National measures Governments should work with our peoples to take steps, including through law reform, to achieve the goals of the Declaration. Governments should promote the Declaration and the full application of all of the rights in the Declaration. Governments should take action to make sure that these rights are exercised in practice The Commonwealth and state governments should review all legislation, policies, and programmes that affect Aboriginal and Torres Strait Islanders, in light of the Declaration Access to funding and other assistance We have the right to financial and technical assistance from governments, and through international cooperation, to ensure we can enjoy the rights set out in the Declaration Dispute resolution and effective remedies Indigenous peoples have the right to a fair process to resolve disputes and to provide effective remedies for violations of their rights. This process should consider our customs and legal systems and international human rights law International cooperation and promotion of the Declaration The UN and other international bodies are to provide financial and other assistance to give effect to the rights in the Declaration. UN bodies are to promote respect for the Declaration and follow up on its implementation. The Permanent Forum on Indigenous Issues* and other specialised agencies like the Expert Mechanism on the Rights of Indigenous Peoples* have a special role to play. The UN is to set up ways for Indigenous peoples to participate in issues affecting them. Survival, dignity and well-being The rights in the Declaration are the minimum standards to ensure the survival, dignity and well-being of Indigenous peoples. Men and women are equal All of the rights in the Declaration apply equally to men and women. How to interpret the Declaration Nothing in the Declaration allows actions that are against the Charter of the UN.* Nothing in the Declaration, allows or encourages any action that might damage the territorial integrity* or political unity of countries. In exercising the rights in the Declaration, the human rights of all people should be respected. The rights in the Declaration can only be limited* by a law that meets international human rights standards. The law should be non-discriminatory, necessary to secure the rights of others and help ensure the basic features of a democratic society. 21. Conclusions: • We uphold the sacredness of life and oppose ideas, systems, world views and practices, including global finance and patent laws, which define the natural world, its life forms and the knowledge of Indigenous Peoples as property or "commodities". • We oppose the actions of government agencies, corporations, educational institutions, and religious bodies which promote the idea that the natural world is to be dominated and exploited by humanity using no sustainable development practices that contaminate or destroy the natural world, species and habitats, sacred sites, and our communities and homes. • We are the original peoples of the Western hemisphere of the continents of North, Central and South America. Our principles are based upon our profound belief in the sacredness of all Creation, both animate and inanimate. We live in a reciprocal relationship with all life in this divine and natural order. • Our responsibility as Indigenous Peoples is to insure the continuity of the natural order of all life is maintained for generations to come. • We have a responsibility to speak for all life forms and to defend the integrity of the natural order. • In carrying out these responsibilities we ensure that all life in its natural process and diversity continues in a reciprocal relationship with us. • We hold precious all life in its natural form. The harmonious progress of the natural order in the environment shapes and defines healthy genetic diversity. • We oppose the patenting of all natural genetic materials. We hold that life cannot be bought, owned, sold, discovered or patented, even in its smallest form. • We denounce and identify the instruments of intellectual property rights, patent law, and apparatus of informed consent as tools of legalized western deception and theft This Bio-Cultural Community Protocols was compiled by the Nation Chair of The Aboriginal House Of |Xam Nation .............................................................. National Leader and Chair (Sedas) Shedrick Kleinschmidt