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Herbalists Fear Losing Innovations as Regulators Push for Formalisation

Insight Post Uganda by Insight Post Uganda
October 12, 2024
in Health
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Herbalists Fear Losing Innovations as Regulators Push for Formalisation

Herbalists who attended the African Traditional Medicine Day conference in Kampala have voiced concerns about the future of their trade, expressing fears that formalising their practices could lead to the loss of their innovations.

The gathering, held at Makerere University, focused on the challenges traditional healers face in navigating regulations set by the National Drug Authority (NDA).

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At the heart of their concerns is the requirement by NDA for herbalists to disclose the specific plants and herbs they use to treat various health conditions as part of the registration process.

Many fear that revealing such information could expose their trade secrets and leave them vulnerable to exploitation.

Dr. Francis Omujal, a researcher at the National Chemotherapeutics Research Institute, noted that several herbalists have approached him seeking alternative ways to register their products without disclosing the precise herbs used.

“They are asking if there is a way to submit their products to the authorities without having to reveal the exact plants,” Omujal said during the conference.

Hajji Jamil Lutaakome Mukwaya, President of the Herbalists Association, echoed these sentiments. He stated that the reluctance to formalise stems from the fear of losing control over their knowledge and innovations.

“Traditional medicine is the first point of care for about 60% of the population, yet many of us remain hesitant about formalising because we fear what will happen to our knowledge once it’s in the hands of regulators,” Mukwaya said.

He added that the situation is exacerbated by the non-operational status of the Traditional and Complementary Medicine Act, passed four years ago to help organise the sector.

The Act was meant to establish a regulatory council, which is yet to be formed.

As a result, Mukwaya noted that while 300 herbalists are registered with the NDA, many more remain unregistered, leaving room for unqualified practitioners to exploit the public, particularly in treating serious illnesses such as cancer and diabetes.

In response to these concerns, Dr. Michael Mutyaba, head of the traditional medicine division at NDA, explained that the authority cannot register herbal products without knowing their exact composition.

He emphasised that this requirement is crucial for ensuring safety and efficacy.

“There is no way we can register herbs without knowing their composition,” Mutyaba stated, adding that the herbalists’ hesitation reveals a broader lack of understanding about the commercialisation process.

Mutyaba also pointed out that rather than avoiding regulation, herbalists should focus on pushing for stronger intellectual property laws to safeguard their innovations.

He clarified that while individual plants cannot be patented, herbalists can patent specific formulations derived from those plants.

“You can’t patent a plant, but you can patent the components or formulations you innovate from it,” he explained.

Kafunjo Twinomujuni, Manager of Traditional Knowledge at the Uganda Registration Services Bureau (URSB), acknowledged the herbalists’ concerns, noting that the current Complementary Medicine Act does not offer adequate protection for their intellectual property.

He revealed that the URSB is planning to draft a new law focused on protecting indigenous knowledge.

Meanwhile, Dr. Grace Nambatya, Executive Director of the Chemotherapeutics Institute, advised herbalists to consult with the URSB before attempting to patent their innovations.

This, she said, would help them confirm whether their herbs are already listed as part of community knowledge. “Herbalists seeking to patent their innovations should first verify with URSB to avoid duplication,” Nambatya recommended.

As the debate continues, it is clear that Uganda’s herbal medicine sector faces a crossroads, balancing the need for regulation with the preservation and protection of traditional knowledge.

With an estimated 60% of Ugandans relying on herbal remedies, the outcome of these discussions will have far-reaching implications for healthcare in the country.
END

Tags: Chemotherapeutics InstituteHerbalistsMoHNational Drug AuthorityURSB
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