Legal justification to innovation of indigenous knowledge and the right to development in Africa

Abstract

Economic and social development of an individual or a community depends on the freedom to innovate and enjoy their common heritage. Discrimination from the freedom to enjoy this common heritage is a violation of their basic rights. Due to colonialism and Western concepts of innovation, innovations of indigenous knowledge in Africa are often not accepted in the face of competition within the international market. The intellectual property standards to recognise and protect innovations, especially within the context of the international market, are generally not suitable for innovations in indigenous knowledge. As a result of this, indigenous knowledge is now heavily appropriated by foreign firms in order to gain protection or incentives out of Africa. African states have a duty with respect to the provisions of the African Charter on Human and Peoples’ Rights (ACHPR, also referred to as the African Charter) to enact suitable legislation to provide recognition or protection of innovation in indigenous knowledge in Africa so as to exercise their God-given right to development. African states practices to implement this right include assessing trade policies and technology transfer that support local innovations. My analysis in this paper includes an examination of the effective implementation of the provisions of the African Charter, the protection of local innovations without intellectual property right standards and an African model that takes into account socio-economic development as a fundamental right.