Communities raise alarm over rising bio-piracy cases

An increasing number of communities are revealing cases of biopiracy that often go unreported, particularly following a recent case involving four individuals charged with the illegal trafficking of live garden ants.

These communities claim that foreign researchers frequently bypass regulations, exploiting loopholes in both national and international laws that are meant to safeguard countries’ rights over their genetic resources.

Richard Kamng’oror, CEO of the Endorois Welfare Council, stated, “Many instances of biological resource theft occur, especially by foreigners posing as tourists. Most communities remain unaware of these violations.”

In May 2024, the Endorois community in Baringo suspended a research project by a German university, asserting that the researchers failed to comply with their bio-cultural protocol.

Although Kenya is a signatory to the Nagoya Protocol on Access and Benefit-Sharing, attempts to export biological resources without equitable benefit-sharing have increased, particularly in rural regions.

Communities, such as the Endorois and Ogiek have taken proactive steps by developing localised protocols to counter biopiracy, though enforcement remains a challenge.

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“The government must do more to protect our genetic resources. We cannot support research conducted without our knowledge or consent,” Kamng’oror emphasised.

Biopiracy cases are not limited to animal resources. Some involve the unauthorised extraction of genetic material from people.

Daniel Kobei, Director of the Ogiek People’s Development Programme, noted that although awareness is growing among indigenous communities, the government is ill-equipped to address the issue.

He recalled halting a South African research team that attempted to collect DNA samples from the Ogiek without following proper protocol.

Kobei stressed the need for government investment in capacity-building and awareness campaigns.

Though the trafficking of garden ants marks Kenya’s first major prosecution under the Nagoya Protocol, an earlier case involving enzymes from Lake Bogoria in the 1990s remains unresolved, leaving the Endorois community still awaiting justice.